Highland Meadows Community Development District Board of Supervisors’ Meeting November 21, 2017 District Office: 8529 South Park Circle, Suite 330 Orlando, Florida 32819 407.472.2471 www.highlandmeadowscdd.org
Highland Meadows
Community Development District
Board of Supervisors’ Meeting November 21, 2017
District Office: 8529 South Park Circle, Suite 330
Orlando, Florida 32819 407.472.2471
www.highlandmeadowscdd.org
HIGHLAND MEADOWS COMMUNITY DEVELOPMENT DISTRICT
AGENDA November 21, 2017 at 2:00 p.m.
Davenport Community Center 1 Allapaha Avenue
Davenport, Florida 33837
District Board of Supervisors Cindy Chenowith Board Supervisor, Chairperson Robert Williams Board Supervisor, Vice Chairman Brian Walsh Board Supervisor, Assistant Secretary Eric Chenowith Board Supervisor, Assistant Secretary Greg Tavares Board Supervisor, Assistant Secretary
District Manager Anthony Jeancola Rizzetta & Company, Inc. District Counsel Roy Van Wyk Hopping, Green & Sams, P.A. District Engineer Todd Amaden Landmark Engineering & Surveying Corporation
All Cellular phones and pagers must be turned off during the meeting.
The District Agenda is comprised of five different sections:
The meeting will begin promptly at 2:00 p.m. with the first section which is called Audience Comments. The Audience Comment portion of the agenda is where individuals may comment on matters that concern the District. Each individual is limited to three (3) minutes for such comment. The Board of Supervisors or Staff is not obligated to provide a response until sufficient time for research or action is warranted. IF THE COMMENT CONCERNS A MAINTENANCE RELATED ITEM, THE ITEM WILL NEED TO BE ADDRESSED BY THE DISTRICT MANAGER OUTSIDE THE CONTEXT OF THIS MEETING. The second section is called Business Administration. The Business Administration section contains items that require the review and approval of the District Board of Supervisors as a normal course of business. The third section is called Business Items. The business items section contains items for approval by the District Board of Supervisors that may require discussion, motion and votes on an item-by-item basis. Occasionally, certain items for decision within this section are required by Florida Statute to be held as a Public Hearing. During the Public Hearing portion of the agenda item, each member of the public will be permitted to provide one comment on the issue, prior to the Board of Supervisors’ discussion, motion and vote. Agendas can be reviewed by contacting the Manager’s office at (813) 533-2950 at least seven days in advance of the scheduled meeting. Requests to place items on the agenda must be submitted in writing with an explanation to the District Manager at least fourteen (14) days prior to the date of the meeting. The fourth section is called Staff Reports. This section allows the District Manager, Engineer, and Counsel to update the Board of Supervisors on any pending issues that are being researched for Board action. The final section is called Supervisor Requests. This is the section in which the Supervisors may request Staff to prepare certain items in an effort to meet residential needs.
Public workshops sessions may be advertised and held in an effort to provide informational services. These sessions allow staff or consultants to discuss a policy or business matter in a more informal manner and allow for lengthy presentations prior to scheduling the item for approval. Typically no motions or votes are made during these sessions.
Pursuant to provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting is asked to advise the District Office at (813) 533-2950, at least 48 hours before the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service at 7-1-1, who can aid you in contacting the District Office.
Any person who decides to appeal any decision made by the Board with respect to any matter considered at the meeting is advised that this same 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.
HIGHLAND MEADOWS COMMUNITY DEVELOPMENT DISTRICT DISTRICT OFFICE • 8529 SOUTH PARK CIRCLE • SUITE 330 • ORLANDO, FL 32819
www.highlandmeadowscdd.org
November 14, 2017 Board of Supervisors Highland Meadows Community Development District
AGENDA
Dear Board Members:
The regular meeting of the Board of Supervisors of the Highland Meadows Community Development District will be held on Tuesday, November 21, 2017 at 2:00 p.m. at City Hall, located at 1 South Allapaha Avenue, Davenport, FL 33837. The following is the agenda for this meeting:
1. CALL TO ORDER 2. AUDIENCE COMMENTS ON AGENDA ITEMS 3. BUSINESS ADMINISTRATION
A. Consideration of Potential Board Appointee……………………..…….Tab 1 1. Review of Candidates 2. Appointment of Supervisor 3. Administration of Oath of Office 4. Review of Sunshine Law, Ethics, etc. 5. Acceptance/Waiver of Compensation
B. Consideration of Resolution 2018-01, Re-designation of Officers…..Tab 2 C. Consideration of the Minutes of the Board of Supervisors’
Regular Meeting held on August 15, 2017 ……………………………Tab 3 D. Consideration of Operation and Maintenance
Expenditures for August 2017 …………………….……………………Tab 4 4. BUSINESS ITEMS
A. Consideration of Dissemination Agent Agreement …………………..Tab 5 5. STAFF REPORTS
A. District Counsel B. District Engineer C. District Manager
6. SUPERVISOR REQUESTS AND AUDIENCE COMMENTS 7. ADJOURNMENT
We look forward to seeing you at the meeting. In the meantime, if you have any questions, please do not hesitate to contact us at (407) 472-2471.
Sincerely,
Anthony Jeancola Anthony Jeancola District Manager
Tab 1
682 Highland Ave
Davenport FL, 33837
To Whom It May Concern,
I would like to express my interest in becoming a Board Member with Highland Meadows Community where I can use my skills to help your company reach its objectives.
I am currently a professional school counselor with the Osceola School District, where I work for over Fifteen years. During this time, I took part in meetings and helped my school look for ways to improve student achievement and provide community resources for parents in the community.
I have administrative experience and excellent leadership skills that I would like to put to use for the Highland Meadows Community. I can help you create and implement new projects that will enhance the performance of the community and its residence.
I get along well with others when working in a group setting and I have the ability to help others find common ground when they disagree on what actions to take. Sometimes, it just takes a little negotiating to help reach a reasonable agreement that benefits the community. I am confident that I have the skills and experience to hold this position and to be a great benefit to the community of Highland Meadows.
I look forward to meeting with you in person. Please call (407)-729-5364 if you have further questions.
Sincerely,
Headley Oliver
Enclosure: Resume
Headley D. Oliver, Ed.D. 682 Highland Meadows Ave
Davenport, FL 33837 (407) 729-5813 | [email protected]
Education
Argosy University School of Professional Psychology & Behavioral Science April 2013 Ed.D Counselor Education and Supervision
M.A. Webster University, College of Social Science June 2005. Master of Counseling Emphasis: Mental Health and School Counseling
B.S Mercy College, School of Social &Behavioral Science, May 2001 Received dual degree in Behavioral Science and a minor in Education
Highlight of Work Experience
Cypress Elementary Kissimmee, FL 11-07 to present
Professional School Guidance Counselor • Provide individual, group, and family counseling and crisis intervention to
students who express and exhibit suicidal ideation. • Partake in MTSS team to identify student who are performing below grade level
and potentially gifted candidate. • Conduct basic IQ Testing (KBIT) to determine if students are gifted eligible. • Conduct parent conference and being the Respond to Intervention (RTI) Coach. • Acts as the school base Section 504 Designee and Family in Transition lesion.
Canoe Creek Charter School 9-05 to 11-07 Professional School Guidance Counselor
• Provide individual, group, and family counseling. • Interacting principal , Canoe Creek Charter, week of November 2005 • Oversees all standardize testing materials across the school and ensured full
compliance of all staff members. • Acts as the school base Section 504 Designee and Family in Transition liaison.
Research Dissertation: The Effect of Intensive Reading Interventions on Third, Forth, and Fifth Grade Students at Risk for Reading Failure and Academic Achievement. Chair: Dr. Dale Covert. April 2013.
Teaching Interest
• Human Growth and Development • Multicultural Issues in Counseling and Supervision • Human Sexuality • Counseling in the School Setting
Practicum Adolescence Therapeutic Center (9-04 to 7-06)
• Counselor designee: observing and assisting with individual, group counseling, family counseling, obtained psych-medical histories, observed therapy sessions, write and discussed treatment plans and therapeutic techniques with psychiatry and counselor.
College Teaching ExperienceArgosy University, Sarasota M.A .Clinical Mental Health and School CounselingSummer 2009Counseling in the School Setting (Teacher Assistantship with Dr. ) Argosy University, Sarasota M.A .Clinical Mental Health Program Summer 2012C6460 Supervision for Counselors (Teacher Assistantship with Dr.M. Dubi) Argosy University, Sarasota M.A .Clinical Mental Health Program Spring 2012 C6431 Counseling in Community Counseling (Teacher Assistantship with Dr.J. Reynolds)
Supervision Experience • Provided weekly individual and group supervision to students in the M.A .Clinical
Mental Health program and weekly seminar. • Provided feedback to nine Graduate students on written assignments and case
presentations and audiotaped client sessions.
Argosy University, Sarasota M.A .Clinical Mental Health Summer 2010
C7500 Advanced Counseling Practicum (Teaching Assistantship with Dr.S.Smith)
Argosy University, Sarasota M.A .Clinical Mental Health Fall 2010
C7510 Advanced Counseling Internship (Teaching Assistantship with Dr.S.Smith)
Argosy University, Sarasota M.A .Clinical Mental Health Spring 2011
C7510-V2 Advanced Internship (Teaching Assistantship with Dr.S.Smith)
Argosy University, Sarasota M.A .Clinical Mental Health Summer 2011
C7511 Advanced Internship Extension (Teaching Assistantship with Dr.S.Smith)
Argosy University, Sarasota M.A .Clinical Mental Health Fall 2011
C7511 Advanced Internship Extention (Teaching Assistantship with Dr.S.Smith)
Argosy University, Sarasota M.A .Clinical Mental Health Spring 2012
C7511 Advanced Internship Extention (Teaching Assistantship with Dr.S.Smith)
Argosy University, Sarasota M.A .Clinical Mental Health Summer 2012
C7511 Advanced Internship Extention (Teaching Assistantship with Dr.S.Smith)
Secondary School Teaching Experience Oakridge High School (9-03 to 6-05)
• Subject taught Language Arts, Math, Science, and Social • Write Individual Education Plan (IEP)
Hunters Creek Middle School (9-01 to 6-03) • Subject taught Language Arts, Math, Science, and Social • Write Individual Education Plan (IEP)
Honor, Awards and Certifications State of Florida Professional Education Certificate, 7-09 to 6-2019State of Florida, License mental Health Intern (IMH5855) Nominee, Distinguish Minority Teacher of the Year, Canoe Creek Charter 2006
Presentations /Workshops Headley Oliver (2013) “Classroom Management” conducted at Cypress Elementary. Headley Oliver (2013) “Test Anxiety” conducted at Cypress Elementary. Headley Oliver (2009) “Bully Prevention and Strategies” conducted at Cypress Elementary, December 15 2009 parents’ workshop. Headley, Oliver (2006) “Bully Prevention and Strategies” conducted at Canoe Creek Charter school, April 2006 teachers’ in-service.
Community • Canoe Creek, Under 15 Youth soccer coach, 2005-2007 • Oakridge age16 to age18 girls soccer coach, 2003-2005
Professional Development:
Conferences:
• Facilitative Leadership Training March 14-16, 2014 • 1St Annual Osceola Counseling Association Conference January 2011
• 2nd Annual Osceola Counseling Association Conference January 2012 • 3rd Annual Osceola Counseling Association Conference January 2013 • 4th Annual Osceola Counseling Association Conference January 2014
• Florida’s 2nd Annual Bullying Prevention conference April 17-18, 2007 • Parent Empowerment: Counseling Parents in Positive Child-Rearing Practice
May 4, 2007 • Third Annual Traumatology Symposium February 23-24-25, 2007
Affiliations
• Osceola Counseling Association (OCA) • National Educators Association (NEA) • Kappa Delta Phi • Pi Gamma Mu
• Alpha Chi • Osceola Association for Teachers
References
Excellent references available upon request.
Dr.Smith, Ed.D
Director of Clinical Training/Assistant professor
Argosy University Sarasota/College of Psychology and Behavioral Science
5250 17th Street Florida 34235
Phone: 941-554-1566
Toll Free: 800-331-5995
Fax: 941-379-4839
Dr.Cherise M. Murphy,Ed.D., LMHC
Vantage Point Counseling & Wellness, Founding Executive Clinical Director
813-817-4346
www.vantagePointCounseling.net
Mr.Scott Clark
Principal/Ventura Elementary School
275 Waters Edge Drive
Kissimmee Fl,34743
407-344-5040
Tab 2
RESOLUTION 2018-01
A RESOLUTION OF THE BOARD OF SUPERVISORS OF HIGHLAND MEADOWS COMMUNITY DEVELOPMENT DISTRICT DESIGNATING THE OFFICERS OF THE DISTRICT, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Highland Meadows Community Development District (hereinafter the “District”) is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated entirely within Polk County, Florida; and
WHEREAS, the Board of Supervisors of the District desires to designate the Officers of the District.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF HIGHLAND MEADOWS COMMUNITY DEVELOPMENT DISTRICT:
Section 1. ______________________________ is appointed Chairperson.
Section 2. ______________________________ is appointed Vice Chairman.
Section 3. ______________________________ is appointed Assistant Secretary.
______________________________is appointed Assistant Secretary.
______________________________ is appointed Assistant Secretary.
______________ is appointed Assistant Secretary.
_________________ is appointed Assistant Secretary.
Section 4. This Resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTED THIS 21st DAY OF NOVEMBER 2017.
HIGHLAND MEADOWS COMMUNITY DEVELOPMENT DISTRICT
CHAIRMAN/VICE CHAIRMAN
ATTEST:
__ ASST. SECRETARY
Tab 3
HIGHLAND MEADOWS COMMUNITY DEVELOPMENT DISTRICT August 15, 2017 Minutes of Meeting
Page 1
1
MINUTES OF MEETING 2
3 Each person who decides to appeal any decision made by the Board with respect to any matter considered at the 4 meeting is advised that the person may need to ensure that a verbatim record of the proceedings is made, including the 5 testimony and evidence upon which such appeal is to be based. 6
7 HIGHLAND MEADOWS 8
COMMUNITY DEVELOPMENT DISTRICT 9
10
The regular meeting of the Board of Supervisors of the Highland Meadows Community 11
Development District was held on Tuesday, August 15, 2017 at 2:00 p.m. at Davenport City Hall, 12
located at 1 South Allapaha Avenue, Davenport, Florida 33837. 13
14
Present and constituting a quorum:15
16
Cindy Chenowith Board Supervisor, Chairperson 17
Robert Williams Board Supervisor, Vice Chairperson 18
(via phone) Brian Walsh Board Supervisor, Assistant Secretary19
Eric Chenowith Board Supervisor, Assistant Secretary 20
21
Also present were: 22
23
Anthony Jeancola District Manager, Rizzetta & Company, Inc. 24
(via phone) Roy Van Wyk District Counsel, Hopping, Green & Sams 25
(via phone) Todd Amaden District Engineer, Landmark Engineering 26
Audience Present (Gary Tavares) 27
28
FIRST ORDER OF BUSINESS Call to Order 29
30
Mr. Jeancola called the meeting to order and read the roll call. 31
32
SECOND ORDER OF BUSINESS Audience Comments on Agenda Items 33
34
There were no Audience comments. 35
36
THIRD ORDER OF BUSINESS Discussion of Potential Board Appointee37
38
Mr. Jeancola confirmed the resignation of Ms. Denise Abercrombie (Seat # 2, 2014-2018) 39
effective as of August 9, 2017. 40
Mr. Jeancola distributed Mr. Gary Tavares’ resume t the Board. 41
On Motion by Ms. Chenowith, seconded by Mr. Chenowith, with all in favor, the Board of Supervisors’ accepted the resignation of Ms. Denise Abercrombie (Seat # 2, 2014-2018), for Highland Meadows Community Development District.
42
After a brief discussion, the Board appointed Mr. Gary Tavares to the Board. 43
44
45
46
47
48
49
HIGHLAND MEADOWS COMMUNITY DEVELOPMENT DISTRICT August 15, 2017 Minutes of Meeting
Page 2
50
On Motion by Mr. Chenowith, seconded by Mr. Williams, with all in favor, the Board of Supervisors’ appointed Mr. Gary Tavares to Seat # 2 (2014-2018) for Highland Meadows Community Development District.
51
Mr. Van Wyk asked that Mr. Tavares reviews the Sunshine Law and refers to the 52
supervisor’s notebook, etc. Mr. Jeancola added that he would go over everything at the end of the 53
meeting. 54
55
Mr. Jeancola administered the Oath of Office to Mr. Gary Tavares. Mr. Tavares accepted 56
compensation. 57
58
FOURTH ORDER OF BUSINESS Consideration of the Minutes of the Board 59
of Supervisors’ Regular Meeting held on 60
June 20, 2017 61
62
Mr. Jeancola asked if the Board had any comments regarding the June 20, 2017 meeting minutes. 63
There were none. 64
65
On a Motion by Ms. Chenowith, seconded by Mr. Williams, with all in favor, the Board of Supervisors approved the minutes of the Board of Supervisors’ Regular meeting held on June 20, 2017 as presented for the Highland Meadows Community Development District.
66
FIFTH ORDER OF BUSINESS Consideration of Operations and 67
Maintenance Expenditures for May - July 68
2017 69
70
Mr. Jeancola presented the operation & maintenance expenditures for May through July 71
2017. Discussion ensued. 72
73
On a Motion by Ms. Chenowith, seconded by Mr. Walsh, with all in favor, the Board of Supervisors approved the Operations and Maintenance Expenditures for May 2017 ($6,799.40), June 2017 ($14,632.98) and July 2017 ($16,181.14)) for the Highland Meadows Community Development District.
74
SIXTH ORDER OF BUSINESS Review of Parking & Towing Policy Related 75
Items 76
77
Mr. Jeancola stated that a form of contract was approved with Budget Towing at the 78
previous meeting. However, there is a stipulation that requires Budget Towing to carry 79
$1,000,000.00 in insurance but they only carry $300,000. Discussion ensued. 80
81
The Board agreed to amend the tow away zone rules and procedures to include holidays as 82
requested in the previous meeting. 83
84
85
86
87
88
89
90
HIGHLAND MEADOWS COMMUNITY DEVELOPMENT DISTRICT August 15, 2017 Minutes of Meeting
Page 3
91
On a Motion by Ms. Chenowith, seconded by Mr. Williams, with all in favor, the Board of Supervisors approved the revised towing contract from Budget Towing inclusive of the $300,000.00 insurance revision and provided that authorized representatives have the ability to adjust the towing schedule as applicable, for the Highland Meadows Community Development District.
92
General discussion ensued. 93
94
SEVENTH ORDER OF BUSINESS Discussion Regarding Community Parking 95
Options Near Open Areas 96
97
Mr. Amaden discussed the community parking options near open areas as prescribed in the 98
handout that was provided. This could include up to 90 parallel and 30 perpendicular parking 99
spots. Mr. Amaden estimated that this may cost about $1,000.00 per parking spot. He will provide 100
potential costs at a future date. Discussion ensued. 101
102
The Board agreed to table this agenda item until further notice. 103
104
EIGHTH ORDER OF BUSINESS Consideration of Resolution 2017-12, 105
Setting the Meeting Schedule 106
107
Mr. Jeancola presented and reviewed Resolution 2017-12, Setting the Meeting Schedule 108
for Fiscal Year 2017/2018. The Board determined that they would meet at 2:00 p.m. at City Hall, 109
located at 1 South Allapaha Avenue, Davenport, FL 33837. The scheduled meeting dates are as 110
follows: 111
112
November 21, 2017 113
April 17, 2018 114
June 19, 2018 115
August 21, 2018 116
117
On Motion by Ms. Chenowith, seconded by Mr. Williams, with all in favor, the Board accepted the Resolution 2017-12, Setting the Meeting Schedule for Fiscal Year 2017/2018 for Highland Meadows Community Development District.
118
NINTH ORDER OF BUSINESS Consideration of Resolution 2017-13, 119
Designating Primary Administrative Office 120
121
Mr. Jeancola presented and reviewed Resolution 2017-13, Designating Primary 122
Administrative Office. 123
124
On Motion by Ms. Chenowith, seconded by Mr. Williams, with all in favor, the Board accepted the Resolution 2017-13, Designating Primary Administrative Office for Highland Meadows Community Development District.
125
126
127
128
129
130
HIGHLAND MEADOWS COMMUNITY DEVELOPMENT DISTRICT August 15, 2017 Minutes of Meeting
Page 4
131
NINTH ORDER OF BUSINESS Staff Reports 132
133
A. District Counsel 134
No report. 135
136
B. District Engineer 137
No report. 138
139
Mr. Chenowith commented on the streetlight at 203 Highland Meadow Street being 140
off the majority of the evening. Mr. Jeancola stated that the utility company has to be 141
contacted regarding this matter. 142
143
C. District Manager 144
Mr. Jeancola announced the next regularly scheduled Board of Supervisors’ 145
meeting will be held on November 21, 2017 at the Davenport City Hall, located at 1 146
South Allapaha Avenue, Davenport, Florida 33837. 147
148
TENTH ORDER OF BUSINESS Supervisor Requests and Audience 149
Comments 150
151
There were no audience comments at this time. 152
153
Ms. Chenowith indicated that the sprinkler at the southeast corner of the front entrance at 154
Davenport Blvd., is spraying into the road and that the bushes at the entrance need to be trimmed. 155
156
ELEVENTH ORDER OF BUSINESS Adjournment 157
158
On a Motion by Mr. Chenowith, seconded by Mr. Williams, with all in favor, the Board of Supervisors 159
adjourned the meeting at 2:44 p.m. for the Highland Meadows Community Development District. 160
161
162
163
________________________________ _________________________________ 164
Assistant Secretary Chairperson/Vice Chairperson165
166
Tab 4
The total items being presented: $14,159.94
Approval of Expenditures:
__________________________________
______ Chairperson
______ Vice Chairperson
______ Assistant Secretary
Attached please find the check register listing the Operation and Maintenance expenditures paid from August 1, 2017 through August 31, 2017. This does not include expenditures previously approved by the Board.
Operation and Maintenance ExpendituresAugust 2017
For Board Approval
HIGHLAND MEADOWSCOMMUNITY DEVELOPMENT DISTRICT
DISTRICT OFFICE · 9428 CAMDEN FIELD PARKWAY · RIVERVIEW, FLORIDA 33578
Highland Meadows Community Development DistrictPaid Operation & Maintenance Expenditures
August 1, 2017 Through August 31, 2017
Vendor Name Check # Invoice # Transaction Description Check Amount
Brian Walsh 002386 BW08152017 Board of Supervisors Meeting 08/15/17 200.00$
Cindy Chenowith 002388 CC08152017 Board of Supervisors Meeting 08/15/17 200.00$
City of Davenport 002384 2270 7/17 Highland Meadows St Irrigation 07/17 64.66$
City of Davenport 002391 2318 7/17 Highland Meadows St Irrigation 07/17 4,732.20$
Duke Energy 002381 09617 89471 07/17 0 County Road 547 N Lite 07/17 323.28$
Duke Energy 002381 41513 18262 07/17 0 County Road 547 N Lite PH2 07/17 492.72$
Duke Energy 002385 35100 85009 07/17 508 Highland Meadows St Unit A, Entrance Lights 07/17
23.08$
Duke Energy 002385 97783 97148 07/17 101 Highland Meadows Pl, Unit A, Entrance Lights 07/17
22.80$
Eric Chenowith 002387 EC08152017 Board of Supervisors Meeting 08/15/17 200.00$
Floralawn, Inc 002392 76573 Landscape Maintenance 08/17 2,465.00$
Marsha Faux Property Appraiser
002389 4651550 1% Property Appraiser Fee for 2017 Tax Roll
2,419.28$
Rizzetta & Company, Inc. 002382 INV0000025535 District Management Fees 08/17 2,716.92$
Rizzetta Technology Services, LLC
002383 INV0000002561 Website Hosting Services 08/17 100.00$
Robert C. Williams 002390 RW08152017 Board of Supervisors Meeting 08/15/17 200.00$
Report Total 14,159.94$
Tab 5
DISSEMINATION AGREEMENT
October 10, 2017
District Manager Highland Meadows Community Development District 9428 Camden Field Parkway Riverview, FL 33578 Dear Sir or Madam:
Rizzetta & Company (“Rizzetta” or the “Dissemination Agent”) hereby enters into this Dissemination Agreement with the Highland Meadows Community Development District (the “District”) to act as the District’s Dissemination Agent. The duties of the Dissemination Agent are set forth in the Continuing Disclosure Agreement dated August 24, 2006 for the Special Assessment Bonds, Series 2006 (the “Continuing Disclosure Agreement”). The purpose of this Agreement is to facilitate the District’s compliance with the Securities and Exchange Commission’s Rule 15c2-12(b)(5) (the “Rule”) related to continuing disclosure. In performing its duties as Dissemination Agent, Rizzetta is acting as an independent contractor for the purpose of facilitating the District’s Rules obligations and is not an agent of the District. Capitalized terms not otherwise defined herein shall have the meanings assigned to them in the Continuing Disclosure Agreement.
1. Duties: The Dissemination Agent shall have only such duties as are specifically set forth in the Continuing Disclosure Agreement. Both the District and Rizzetta understand that the scope of services under this Agreement and the Continuing Disclosure Agreement(s) will change as and when the District is the only remaining Obligated Person (as defined in the Continuing Disclosure Agreement) and Rizzetta will promptly notify the District upon such occurrence.
2. Fees: Rizzetta will be responsible for all out-of-pocket expenses. The annual fee for
Rizzetta’s service under this agreement is $2,400 for the Series 2006 Bonds.
3. Third Party Assistance: Rizzetta reserves the right to engage a third party for the purpose of assisting Rizzetta in carrying out the services outlined in this Agreement.
4. Termination: Both the District and Rizzetta will have the right to terminate this Agreement
upon sixty (60) days prior written notice.
5. Representations of District: The District represents and warrants that it will not withhold any information necessary for Rizzetta to carry out its duties under this Agreement and that it will supply all information requested by Rizzetta. The District further acknowledges and agrees that the information to be collected and disseminated by the Dissemination Agent will be produced by the District and the Developer. The Dissemination Agent’s duties are those of collection, collation, and dissemination, and not of authorship or creation. Consequently, the Dissemination Agent shall have no responsibility for the content of the information disseminated by it, except to the extent that such information was/is authored, created, or
2
maintained by Rizzetta (to specifically exclude any information authored or produced by the Developer and/or any other third party) while under contract to provide District Management Services to the District. Compliance with all securities law liabilities, including compliance with the Rule, will remain the obligation of the District and the Developer.
6. Indemnification: To the extent permitted by law, the District will indemnify Rizzetta for any
action or actions brought by Owners, as defined in the Continuing Disclosure Agreement, as a result of the failure of the District to meet any requirement of this Agreement or the Continuing Disclosure Agreement, except for any action(s) arising from Rizzetta’s negligence or willful misconduct. To the extent permitted by law, Rizzetta will indemnify the District for any action or actions brought by Owners as a result of Rizzetta’s gross negligence or willful misconduct, as determined by a court of competent jurisdiction.
7. Waiver of Jury Trial: EACH OF THE DISTRICT AND RIZZETTA KNOWLINGLY WAIVE
ANY RIGHT TO TRIAL BY JURY.
8. Agreement Governed by Florida Law: The terms and conditions of this Agreement shall be governed by the laws of the State of Florida.
This Agreement shall be effective upon the District’s acceptance hereof.
Very truly yours, Rizzetta & Company, Inc. _________________________ By: William J. Rizzetta President
Approved and Accepted: _________________________ Highland Meadows Community Development District By: ____________________________________ Title: ___________________________________ Date:____________________________________
3
COMPLIANCE WITH PUBLIC RECORDS LAWS: Consultant understands and agrees that all documents of any kind provided to the District in connection with this Agreement may be public records, and, accordingly, Consultant agrees to comply with all applicable provisions of Florida law in handling such records, including but not limited to Section 119.0701, Florida Statutes. Consultant acknowledges that the designated public records custodian for the District is Rizzetta & Company, Inc. (“Public Records Custodian”). Among other requirements and to the extent applicable by law, the Consultant 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 Consultant 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 Consultant’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 Consultant, the Consultant 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 CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (813) 514-0400, OR BY EMAIL AT [email protected], OR BY REGULAR MAIL AT 3434 COLWELL AVENUE, SUITE 200, TAMPA, FLORIDA 33614. MUNICIPAL ADVISOR DISCLAIMER:
Rizzetta & Company, Inc., does not represent the Community Development District as a Municipal Advisor or Securities Broker nor is Rizzetta & Company, Inc., registered to provide such services as described in Section 15B of the Securities and Exchange Act of 1934, as amended. Similarly, Rizzetta & Company, Inc., does not provide the Community Development District with financial advisory services or offer investment advice in any form.