Lake Deer Community Development District
Meeting Agenda December 7, 2021

November 30, 2021
Lake Deer
Community Development District
219 E. Livingston St., Orlando, Florida 32801 Phone: 407-841-5524 – Fax: 407-839-1526

Board of Supervisors Lake Deer
Community Development District

Dear Board Members:

The regular meeting of the Board of Supervisors of the Lake Deer Community Development District will be held Tuesday, December 7, 2021, at 2:00 PM at 346 East Central Ave., Winter Haven, FL 33880.

Zoom Video Link: https://us06web.zoom.us/j/86872434445
Call-In Number: 1-646-876-9923
Meeting ID: 868 7243 4445

Following is the advance agenda for the meeting:

Board of Supervisors Meeting

Roll Call
Public Comment Period (1Speakers will fill out a card and submit it to the District Manager prior to the beginning of the meeting)
Approval of Minutes of the September 7, 2021 Board of Supervisors Meeting
Consideration of Resolution 2022-01 Waiving a Portion of the Rules of Procedure Regarding Notice of Meetings
Consideration of Construction Funding Agreement
Consideration of Temporary Construction and Access Easement Agreement
Consideration of Agreement Regarding Covenants for Build to Rent Housing
Consideration of 2022 Data Sharing and Usage Agreement with Polk County Property Appraiser—ADDED
Consideration of Contract Agreement with Polk County Property Appraiser—
ADDED
Staff Reports

1 Comments will be limited to three (3) minutes
Attorney
Engineer
District Manager’s Report
Approval of Fiscal Year 2022 Funding Requests #1 and #2 (Revised)
Balance Sheet & Income Statement
Other Business
Supervisors Requests and Audience Comments
Adjournment

Audit Committee Meeting

Roll Call
Public Comment Period
Audit Services
Approval of Request for Proposals and Selection Criteria
Approval of Notice of Request for Proposals for Audit Services
Public Announcement of Opportunity to Provide Audit Services
Adjournment

M	I NUTES
MINUTES OF MEETING LAKE DEER
COMMUNITY DEVELOPMENT DISTRICT

The regular meeting of the Board of Supervisors of the Lake Deer Community Development District was held Tuesday, September 7, 2021 at 2:00 p.m. at 346 E. Central Avenue, Winter Haven, Florida.

Present and constituting a quorum:

Lauren Schwenk	Vice Chairman
Justin Frye	Assistant Secretary
Andrew Rhinehart	Assistant Secretary
Patrick Marone	Assistant Secretary Also present were:
Jill Burns	District Manager, GMS
Roy Van Wyk	KE Law Group
Rey Malave by Zoom	Dewberry
Margie Lloyd by Zoom	Dewberry

FIRST ORDER OF BUSINESS	Roll Call
Ms. Burns called the meeting to order and called the roll. Four Board members were present constituting a quorum.

SECOND ORDER OF BUSINESS	Public Comment Period
There being none, the next item followed.

THIRD ORDER OF BUSINESS	Organizational Matters
A. Administration of Oath of Office to Newly Elected Board Member Patrick Marone (Elected at Previous Landowners’ Meeting on August 3, 2021)
Ms. Burns stated that she swore in Supervisor Marone prior to the start of the meeting.

FOURTH ORDER OF BUSINESS	Approval of Minutes of the August 3, 2021
Landowners’	Meeting	and	Board	of Supervisors Meeting
September 7, 2021	Lake Deer CDD

Ms. Burns presented the minutes of the August 3, 2021 Board of Supervisors meeting and Landowners’ meeting and asked for any comments or corrections from the Board. There being no changes, there was a motion of approval.

FIFTH ORDER OF BUSINESS	Public Hearing
Public Hearing on the Adoption of the District’s Fiscal Year 2020-2021 and 2021-2022 Budgets
Ms. Burns stated that the public hearing was published in the paper and mailed notice was sent to the property owners.

Consideration of Resolution 2021-33 Adoption of the District’s Fiscal Year 2020-2021 and 2021-2022 Budgets and Appropriating Funds
Ms. Burns stated that this resolution was included in the packets and that they had not changed since the Board saw them at the previous meeting. She stated also that administrative expenses would be billed as incurred. She offered to answer any questions from the Board. Hearing no questions,

SIXTH ORDER OF BUSINESS	Consideration of Notice of Phase 1 RFP for
Construction	Services	and	Approval	of Evaluation Criteria – ADDED

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September 7, 2021	Lake Deer CDD

Ms. Burns stated that Mr. Marone estimated that the timeline for this was early to mid- October. Ms. Burns and Mr. Marone discussed and decided on a tentative date of October 1, 2021 with a pickup time of 8:00 a.m. at the engineering office. The Board authorized Mr. Marone to move the date if the engineer needed more time.

SEVENTH ORDER OF BUSINESS	Consideration of Resolution 2021-34 Direct
Purchase Resolution
Ms. Burns stated that this would allow the District to directly purchase construction materials for the District and appoints either the District Manager or District Engineer as the purchasing agent as well.

EIGHTH ORDER OF BUSINESS	Staff Reports
Attorney
Mr. Van Wyk stated that he did not have anything further to report.

Engineer
There was nothing further reported from the Engineer.

District Manager’s Report
Approval of Funding Request #2
Ms. Burns offered to answer questions from the Board.

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September 7, 2021	Lake Deer CDD

Balance Sheet & Income Statement
Ms. Burns stated that the financials were included in the package for review but that there was no action required by the Board. She offered to answer any questions.

NINTH ORDER OF BUSINESS	Other Business
There being none, the next item followed.

TENTH ORDER OF BUSINESS	Supervisors	Requests	and	Audience
Comments
There being none, the next item followed.

ELEVENTH ORDER OF BUSINESS	Adjournment
Ms. Burns adjourned the meeting.

Secretary/Assistant Secretary	Chairman/Vice Chairman

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SECTION IV
RESOLUTION 2022-01

A RESOLUTION OF  THE  BOARD  OF  SUPERVISORS  OF  THE  LAKE  DEER    COMMUNITY    DEVELOPMENT     DISTRICT MAKING CERTAIN FINDINGS; WAIVING A PORTION OF RULE 1.3(1), RULES OF PROCEDURE; PROVIDING FOR REASONABLE NOTICE OF BOARD MEETINGS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Lake Deer Community Development District (the “District”) is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated entirely within unincorporated, Polk County, Florida; and

WHEREAS, the District’s Board of Supervisors (“Board”) holds public meetings, hearings, and workshops (together, “meetings”) for the purpose of conducting District business; and

WHEREAS, Section 189.015, Florida Statutes, requires that the District file quarterly, semiannually, or annually a schedule of its regular meetings with the local governing authority or authorities, and publish said notice in accordance with statutory requirements, and such regularly scheduled meetings are required to be listed on the District’s website by Section 189.069(2)(a), Florida Statutes; and

WHEREAS, Section 286.011(1), Florida Statutes, requires the District to provide reasonable notice of all meetings of its Board; and

WHEREAS, the District previously adopted Rule 1.3(1) of its Rules of Procedure providing, among other things, that “Except in emergencies, or as otherwise required by statute or these Rules, at least seven (7) days, but no more than thirty (30) days public notice shall be given of any public meeting, hearing or workshop of the Board,” and that “Public notice shall be given by publication in a newspaper of general circulation in the District and in the county in which the District is located”; and

WHEREAS, the Board finds that providing the published notice required by Section 189.015, Florida Statutes, together with posting meeting dates, times, and locations on the District’s website, constitutes reasonable notice for purposes of Section 286.011(1), Florida Statutes; and

WHEREAS, the Board accordingly finds that it is in the District’s best interests to waive the requirement of Rule 1.3(1) that published notice of meetings may not be published more than thirty
days before the meeting, and to set forth alternative minimum standards for reasonable notice of Board meetings.

NOW,	THEREFORE,	BE	IT	RESOLVED	BY	THE	
BOARD	OF	SUPERVISORS	OF	LAKE	DEER	
COMMUNITY DEVELOPMENT DISTRICT:
SECTION 1. RECITALS. The above stated recitals are true and correct and are hereby incorporated herein by reference.

SECTION 2. FINDINGS. The Board hereby finds providing the published notice required by Section 189.015, Florida Statutes, together with posting meeting dates, times, and locations on the District’s website, constitutes reasonable notice for purposes of Section 286.011(1), Florida Statutes.

SECTION 3. WAIVER. The Board hereby waives the provision of Rule 1.3(1) of the District’s Rules of Procedure that the required published notice of meetings may not be published more than thirty (30) days before the meeting. Publication of the quarterly, semiannual, or annual meeting notice as required by Section 189.015, Florida Statutes, is deemed to satisfy the requirement for published notice in Rule 1.3(1) of the District’s Rules of Procedure for those meetings included in the quarterly, semiannual, or annual notice. This Resolution does not supersede any requirements of the Florida Statutes as to additional published notice required for any meeting or hearing of the District.

SECTION 4. REASONABLE NOTICE.
Regular meetings. The District Manager is directed to (a) file quarterly, semiannually, or annually a schedule of its regular meetings with the local governing authority or authorities, and publish said notice in accordance with statutory requirements; (b) post the date, time, and location of all regular meetings on the District’s website at least seven (7) days prior to each meeting; and (c) take any other actions as are reasonable under the circumstances to provide notice of meetings.
Special meetings. For any meeting not included in the quarterly, semiannual, or annual notice, the District Manager is directed to (a) publish an additional notice at least seven
(7) days before said meeting in the manner specified in Rule 1.3(1), and (b) post the date, time, and location on the District’s website at least seven (7) days prior to each meeting, and (c) take any other actions as are reasonable under the circumstances to provide notice of meetings.
Statutorily required notice. Where the Florida Statutes require published notice of certain meetings or hearings, including but not limited to budget hearings, assessment hearings, rulemaking hearings, and others, the District Manager is directed to strictly comply with such requirements.
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.

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PASSED AND ADOPTED this 7th day of December 2021.

ATTEST:
LAKE DEER COMMUNITY DEVELOPMENT DISTRICT

 	
Secretary/Assistant Secretary	Chairperson, Board of Supervisors

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SECTION V
CONSTRUCTION FUNDING AGREEMENT BETWEEN LAKE DEER COMMUNITY DEVELOPMENT DISTRICT AND LAKE DEER DEVELOPMENT, LLC
(MASTER INFRASTRUCTURE IMPROVEMENTS)

THIS AGREEMENT (“Agreement”) is made and entered into this 	day of  	
2021, by and between:

LAKE DEER COMMUNITY DEVELOPMENT DISTRICT, a local unit of
special-purpose government established pursuant to Chapter 190, Florida Statutes, and located in unincorporated Polk County, Florida, with a mailing address of c/o Governmental Management Services-Central Florida, LLC, 219 E. Livingston Street, Orlando, Florida 32801 (hereinafter "District"), and

LAKE DEER DEVELOPMENT, LLC, a Florida limited liability company, with a mailing address of 346 E. Central Avenue, Winter Haven, Florida 33880, and the owner of certain undeveloped lands within the District (hereinafter "Developer").

RECITALS

WHEREAS, the District was established by an ordinance adopted by the Board of County Commissioners of Polk County, Florida, for the purpose of planning, financing, constructing, operating and/or maintaining certain infrastructure; and

WHEREAS, the Developer is the owner of all of the undeveloped lands located within the boundaries of the District (hereinafter the "Development") upon which the District's improvements have been or will be made; and

WHEREAS, the District, pursuant to Chapter 190, Florida Statutes, is authorized to levy such taxes, special assessments, fees, and other charges as may be necessary in furtherance of the District's activities and services; and

WHEREAS, the District is anticipated to be without sufficient funds available to provide for the construction of anticipated master improvements and facilities within the Development, which are described in Exhibit A including construction and any design, engineering, legal, or other construction, professional, or administrative costs (collectively, the “Improvements”); and

WHEREAS, in order to induce the District to proceed at this time with the construction of the necessary or desired improvements, the Developer desires to provide the funds necessary to enable the District to proceed with such improvements if and when the District exhausts the funds on deposit in the construction account; and

WHEREAS, the District anticipates accessing the public bond market in the future to obtain financing for the construction of the Improvements as described in Exhibit A, and the

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parties agree that, in the event that bonds are issued, the funds provided under this Agreement will be reimbursable from those bonds.

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:

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

FUNDING. Developer agrees to make available to the District such monies as are necessary to enable the District to proceed with the design, engineering, and construction of the Improvements. Developer will make such funds available on a monthly basis, within fifteen (15) days of a written request by the District. The funds shall be placed in the District's construction account with such depository as determined by the District.

REPAYMENT. The parties agree that the funds provided by Developer pursuant to this Agreement will be properly reimbursable from proceeds of the District's issuance of tax- exempt bonds. Within forty-five (45) days of receipt from time to time of sufficient funds by the District for the financing of some or all of the Improvements, the District shall reimburse Developer until full reimbursement is made or until all funds generated by the anticipated financing are exhausted, exclusive of interest, for the funds advanced under Section 2 above; provided, however, that in the event bond counsel engaged in connection with the District’s issuance of bonds providing such financing determines that any such monies advanced or expenses incurred are not properly reimbursable for any reason, including, but not limited to federal tax restrictions imposed on tax-exempt financing, the District shall not be obligated to reimburse such monies advanced or expenses incurred. If the District does not or cannot issue bonds to provide the funds for the Improvements within five (5) years of the date of this Agreement, and, thus does not reimburse the Developer for the funds advanced, then the parties agree that such funds shall be deemed paid in lieu of taxes, fees, or assessments which might be levied or imposed by the District.

DEFAULT. A default by either party to 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 actual damages, injunctive relief and/or specific performance, but shall exclude, in any event, consequential, incidental, special or punitive damages.

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

AGREEMENT. This Agreement shall constitute the final and complete expression of the agreement between the parties relating to the specific subject matter of this Agreement.

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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 of the parties hereto.

AUTHORIZATION. The execution of this Agreement has been duly authorized by the appropriate body or official of all parties hereto, each party has complied with all of the requirements of law, and each party has full power and authority to comply with the terms and provisions of this Agreement.

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

If to District:	Lake Deer Community Development District
c/o Governmental Management Services – Central Florida, LLC
219 E. Livingston St. Orlando, Florida 32801 Attn: District Manager

With a copy to:	KE Law Group, PLLC
2016 Delta Boulevard, Suite 101
Tallahassee, Florida 32303

If to Developer:	Lake Deer Development, LLC
346 E. Central Avenue Winter Haven, Florida 33880 Attn: Albert S. Cassidy

With a copy to:	Straughn & Turner, P.A.
255 Magnolia Avenue SW Winter Haven, Florida 33880 Attn: Richard Straughn

Except as otherwise provided herein, any Notice shall be deemed received only upon actual delivery at the address set forth herein. 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 parties may deliver Notice on behalf of the party he/she represents. Any party or other person to whom Notices are to be sent or copied may notify the other parties and addressees of any change in name or address to which Notices shall be sent by providing the same on five (5) days written notice to the parties and addressees set forth herein.

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

ASSIGNMENT. Neither party may assign this Agreement or any monies to become due hereunder without the prior written approval of the other party.

CONTROLLING LAW. This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of Florida.

EFFECTIVE DATE. The Agreement shall be effective after execution by all parties hereto and shall remain in effect unless terminated by any of the parties hereto.

PUBLIC RECORDS. Developer understands and agrees that all documents of any kind provided to the District or to District staff in connection with the work contemplated under this Agreement are public records and are treated as such in accordance with Florida law and the District's Record Retention Schedule.

COUNTERPARTS. This Agreement may be executed in one or more counterparts which, when taken together, shall constitute one and the same instrument.

[Signatures on next page]

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IN WITNESS WHEREOF, the parties execute this Agreement to be effective the day and year first written above.

ATTEST:	LAKE DEER COMMUNITY
DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Vice/Chairperson, Board of Supervisors

WITNESS:	LAKE DEER DEVELOPMENT, LLC
a Florida limited liability company

Print Name: 		By: Albert S. Cassidy Its: Manager

Exhibit A:	Engineer’s Report, date June 21, 2021

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Lake Deer
Community Development District
Engineer's Report
June 21, 2021

SUBMITTED BY:
Dewberry Engineers Inc. 800 North Magnolia Avenue Suite 1000
Orlando, Florida 32803
407-843-5120
TABLE OF CONTENTS

Introduction	2
Purpose and Scope	3
The Development	3
Capital Improvements	3
Stormwater Management Facilities	4
Public Roadways	4
Water and Wastewater Facilities	5
Off-Site Utilities	5
Amenities and Parks	5
Electric Utilities and Lighting	5
Entry Features	5
Miscellaneous	6
Permitting	6
Recommendation	6
Report Modification	6
Summary and Conclusion	7
Engineer’s Certification	7
List of Exhibits
Aerial Location Map	Exhibit 1
Legal Description	Exhibit 2
District Boundary Map	Exhibit 3
Land Use Map	Exhibit 4
Zoning Map	Exhibit 5
Utility Location Map and Drainage Flow Pattern Map	Exhibit 6
Summary of District Facilities	Exhibit 7A
Summary of Opinion of Probable Cost	Exhibit 7B
Overall Site Plan	Exhibit 8

COMPANY CONFIDENTIAL AND PROPRIETARY: Use or disclosure of data contained on this sheet is subject to restriction on the title page of this proposal.

	 | LAKE DEER COMMUNITY DEVELOPMENT DISTRICT |June 21, 2021| 1

Lake Deer Improvement District
INTRODUCTION
The Lake Deer Community Development District (the ''District" or “CDD”) is located on the west side of Marigold Avenue. The District is located within unincorporated area of Polk County. The District currently contains approximately 160 acres and is expected to consist of 597 residential lots of various sizes for single-family lots with recreation/amenity areas, parks, and associated infrastructure for the development.

The CDD was established under County Ordinance No. 21-030, which was approved by the Polk County Commission on June 15, 2021. The District will own and operate the public roadways, utilizes systems, and stormwater management facilities, as well as the landscape, irrigation, signage, and recreational facilities within the development.

The Master Developer (“Developer”) RhiCas, LLC is based in Winter Haven, Florida. The Development is approved as a Planned Development (PD) for Residential Units and is divided into one phase. A land use summary is presented in Table 1.

Public improvements and facilities financed, acquired, and/or constructed by the District will be designed and constructed to conform to regulatory criteria from the city, county, Southwest Florida Water Management District (SWFWMD), and other applicable agencies with regulatory jurisdiction over the development, an overall estimate of the probable cost of the public improvements are provided in Exhibit 7 of this report.

The Capital Improvement Plan (CIP) or this Engineer’s Report reflects the present intentions of the District and the landowners. It should be noted that the location of proposed facilities and improvements may be adjusted during the final design, permitting, and implementation phases. It should also be noted that these modifications are not expected to diminish the benefits to the property within the District. The District reserves the right to make reasonable adjustments to the development plan to meet applicable regulatory requirements of agencies with jurisdiction over the development while maintaining a comparable level of benefits to the lands served by the improvements. Changes and modifications are expected as changes in regulatory criteria are implemented.

TABLE 1	AREA	
Master Stormwater System	13.02 ac	
Residential Land (Single-Family and Townhomes Lots)	68.35 ac	
Roadways Infrastructure & Public Facilities	18.18 ac	
Open Space/Conservation Areas/Parks	60.45 ac	
TOTAL	160 ac	

COMPANY CONFIDENTIAL AND PROPRIETARY: Use or disclosure of data contained on this sheet is subject to restriction on the title page of this proposal.

	 | LAKE DEER COMMUNITY DEVELOPMENT DISTRICT |June 21, 2021| 2

TABLE 3 LOT TYPES			
LOT TYPE	UNITS	AREA (AC)	
40-ft Lots	396	41.82 ac	
50-ft Lots	201	26.53	
			
TOTAL LOTS IN THE DISTRICT	597	68.35 ac	

Implementation of any proposed facilities or improvements outlined in this report requires written approval from the District's Board of Supervisors. Estimated costs outlined in this report are based on the best available information, which includes, but is not limited, to previous experience with similar projects. Actual costs could be different than estimates because final engineering and specific field conditions may affect construction costs.

All roadway improvements including sidewalks in the right-of-way and storm drainage collection systems (from the curb inlets to their connection to the stormwater ponds) within the development will be maintained by the District. Water distribution and wastewater collection systems (gravity lines, force mains, and lift stations) will be dedicated to Toho Water Authority for ownership and maintenance upon completion.

PURPOSE AND SCOPE
The purpose of this report is to provide engineering support for the funding of the proposed improvements within the District. This report will identify the proposed public infrastructure to be constructed or acquired by the District along with an Opinion of Probable Construction Costs. The District will finance, construct, acquire, operate, and maintain all or specific portions of the proposed public infrastructure.

The predominant portion of this report provides descriptions of the proposed public infrastructure improvements, determination of estimated probable construction costs, and the corresponding benefits associated with the implementation of the described improvements. Detailed site construction plans and specifications have not yet been completed and permitted for the improvements described herein. The engineer has considered and in specific instances has relied upon, the information and documentation prepared or supplied by others to prepare this Engineer’s Report.

THE DEVELOPMENT
The development will consist of a total of 597 residential units and associated infrastructure. The development is a planned residential community located West of Marigold Avenue and consisting of 160 acres from the northern boundary adjacent to Deer Lake and extending south to the southern boundary located along CR 542 (Lake Hatchineha Road). The District is located within Polk County. The land uses and zoning for the development are RL-4 – Residential Low and Planned unit Development. The development will be constructed in one phase.

CAPITAL IMPROVEMENTS
The CIP consists of public infrastructure in the development. The primary portions of the CIP will provide for stormwater pond construction, roadways built to an urban roadway typical section, water, and sewer facilities including a lift station, and off-site improvements (including turn lanes and extension of water and sewer mains to serve the development).

There will also be stormwater structures and conveyance culverts within the CIP, which will outfall into the various on- site stormwater ponds. These structures and pond areas comprise the overall stormwater facilities of the CIP.

COMPANY CONFIDENTIAL AND PROPRIETARY: Use or disclosure of data contained on this sheet is subject to restriction on the title page of this proposal.

	 | LAKE DEER COMMUNITY DEVELOPMENT DISTRICT |June 21, 2021| 3
Installation of the water distribution and wastewater collection system will also occur at this time as well as the lift station serving the project. Below-ground installation of telecommunications and cable television will occur but will not be funded by the District. Installation of streetlights and power within the public rights-of-way or easements will be funded by the District.

As a part of the recreational component of the CIP, there are conservation areas that can serve as passive parks within the development that are available to the public for utilization of the facilities. The recreational areas will have connectivity via sidewalks to the other portions of the District. The recreational areas will be accessed by the public roadways and sidewalks.

CAPITAL IMPROVEMENT PLAN COMPONENTS
The CIP for the District includes the following:

Stormwater Management Facilities
Stormwater Management facilities consisting of storm conveyance systems and retention/detention ponds are contained within the District boundaries. Stormwater will be discharged via roadway curb and gutter and storm inlets. Storm culverts convey the runoff into the proposed retention ponds for water quality treatment and attenuation. The proposed stormwater systems will utilize dry retention and wet retention for biological pollutant assimilation to achieve water quality treatment. The design criteria for the District’s stormwater treatment systems are regulated by the city, the county, and SWFWMD. There are various conservation areas throughout the District and will be preserved in the existing condition and these will accept stormwater discharges from our ponds as shown on Exhibit 6.

Federal Emergency Management Agency Flood Insurance Rate Map (FEMA FIRM) Panel No. 12105C_12105C demonstrates that the property is located within Flood Zones A and X. Based on this information and the site topography, it appears that 100-year compensation will be done in areas where we will impact existing depressions throughout the development and the 100-year flood volumes will be compensated as it is required the county and FEMA.

During the construction of stormwater management facilities, utilities, and roadway improvements the contractor will be required to adhere to a Stormwater Pollution Prevention Plan (SWPPP) as required by the FDEP as delegated by the Environmental Protection Agency (EPA). The SWPPP will be prepared to depict the proposed recommended locations of required erosion control measures and staked turbidity barriers specifically along the downgradient side of any proposed construction activity. The site contractor will be required to provide the necessary reporting as required by the National Pollutant Discharge Elimination System (NPDES) General Permit with erosion control, its maintenance, and any rainfall events that occur during construction activity.

Public Roadways
The proposed public roadway sections include a 24-foot roadway consisting of asphalt and with Miami curbs or Type F curb and gutter on both sides along with a 40-foot right-of-way. The proposed roadway section will consist of stabilized subgrade, a lime rock, crushed concrete, or cement-treated base and asphalt type roadway wearing surface. The proposed curb is to be 2-feet wide and placed along the edge of the proposed roadway section for purposes of protecting the integrity of the pavement, and also to provide stormwater runoff conveyance to the proposed stormwater inlets.

The proposed roadways will also require signing and pavement markings within the public rights-of-way, as well as street signs depicting street name identifications, and addressing, which will be utilized by the residents and public. As

COMPANY CONFIDENTIAL AND PROPRIETARY: Use or disclosure of data contained on this sheet is subject to restriction on the title page of this proposal.

	 | LAKE DEER COMMUNITY DEVELOPMENT DISTRICT |June 21, 2021| 4
stated above, the District's funding of roadway construction will occur for all public roadways.

Water and Wastewater Facilities
A potable drinking water system inclusive of a water main, gate valves, fire hydrants, and appurtenances will be installed for the District. The water service provider will be Toho Water Authority a Public Utilities. The water system will be designed to provide an equally distributed system that provides redundancy to the system. These facilities will be installed within the proposed public rights-of-way and will provide potable drinking water (domestic) and fire protection services to serve the entire District.

A domestic wastewater collection system inclusive of gravity sanitary sewer mains and sewer laterals will be installed. The gravity sanitary sewer mains will be a minimum of eight (8)-inch diameter PVC pipe systems. The gravity sanitary sewer lines will be placed inside of the proposed public rights-of-way, under the proposed paved roadways. Laterals will branch off from these sewer lines to serve the individual lots. Lift stations are anticipated for this CIP. Flow from the lift station shall be connected to a proposed force main that will pump to an existing force main that will connect to the TWA water treatment facility.

TWA Public Utilities will provide the reclaimed water to be used for all irrigation within the CDD. The reclaimed water will be funded by the District and installed onsite within the roadways to provide for irrigation within the public right- of-way or any areas needing irrigation. Any water, sewer, or reclaim water pipes or facilities placed on private property will not be publicly funded.

Off-Site Improvements
The District will provide funding for the anticipated turn lanes at the development entrances. The site construction activities associated with the CIP are anticipated to be completed in the next two (2) to three (3) years. Upon completion of each phase, the improvements will be through the required inspections as well as final certifications of completions will be obtained from SWFWMD, Polk County Health Department (water distribution system), FDEP (wastewater collection), Toho Water Authority (TWA), and the county.

Amenities and Parks
The District will provide funding for an amenity center to include the following: parking areas, pavilion with restroom facilities, pool, all-purpose playfields, and walking trails between the phases and villages to provide connectivity to the various amenity centers within the CDD. In addition, there will be passive parks throughout the development, which will include benches and walking trails.

Electric Utilities and Lighting
The electric distribution system thru the District is currently planned to be underground, The District presently intends to fund and construct the electric conduit, transformer/cabinet pads, and electric manholes required by Duke Energy (Duke). Electric facilities will be owned and maintained by Duke after the dedication, with Duke providing underground electrical service to the Development. The CDD presently intends to fund the cost to purchase and install the street lighting along the internal roadways within the CDD. These lights will be owned, operated, and maintained by Duke after the dedication, with the District funding maintenance services.
Entry Feature
Landscaping, irrigation, entry features, and walls at the entrances and along the outside boundary of the Development will be provided by the District. The irrigation system will use an irrigation well. The well and irrigation water mains to the various phases of the development will be constructed and acquired by the CDD with District funds and operated

COMPANY CONFIDENTIAL AND PROPRIETARY: Use or disclosure of data contained on this sheet is subject to restriction on the title page of this proposal.

	 | LAKE DEER COMMUNITY DEVELOPMENT DISTRICT |June 21, 2021| 5
and maintained by the CDD. Landscaping for the roadways will consist of sod, annual flowers, shrubs, ground cover, and trees for the internal roadways within the CDD. Perimeter fencing will be provided at the site entrances and perimeters. These items will be funded, owned, and maintained by the CDD.

Miscellaneous
The stormwater improvements, landscaping and irrigation, recreational improvements, street lighting, and certain permits and professional fees as described in this report are being financed by the District to benefit all of the developable real property within the District. The construction and maintenance of the proposed public improvements will benefit the development for the intended use as a single-family/residential planned development.

Permitting
Construction permits for all phases are required and include the SWFWMD ERP, Polk County Health Department, FDEP, and county construction plan approval.

Following is a summary of required permits obtained or pending approval for the construction of the public infrastructure improvements for the District:

Phase 1		
Permits/Approvals	Approval/Expected Date	
Zoning Approval	Planned Unit Development (PUD)	
Preliminary Plat	To be obtained	
SWFWMD ERP	To be obtained	
Construction Permits	To be obtained	
Toho Water Authority- Water/Sewer	To be obtained	
FDEP Sanitary Sewer General Permit	To be obtained	
FDEP Water Distribution General Permit	To be obtained	
FDEP NOI	To be obtained	

RECOMMENDATION
As previously explained within this report, the public infrastructure, as described, is necessary for the development and functional operation as required by the County. The site planning, engineering design, and construction plans for the infrastructure are in accordance with the applicable requirements of Polk County and the SWFWMD. It should be noted that the infrastructure will provide its intended use and function so long as the construction and installation are in substantial conformance with the design construction plans and regulatory permits.

Items utilized in the Opinion of Probable Costs for this report are based upon the proposed plan infrastructure as shown on construction drawings incorporating specifications in the most current SWFWMD, Polk County, and the TWA regulations.

REPORT MODIFICATION
During the development and implementation of the designed public infrastructure improvements, it may be necessary to make modifications and/or deviations to the plans. However, if such deviations and/or revisions do not change the overall

COMPANY CONFIDENTIAL AND PROPRIETARY: Use or disclosure of data contained on this sheet is subject to restriction on the title page of this proposal.

	 | LAKE DEER COMMUNITY DEVELOPMENT DISTRICT |June 21, 2021| 6
primary objective of the plan for such improvements, then the cost differences would not materially affect the proposed construction cost estimates.

SUMMARY AND CONCLUSION
The improvements as outlined are necessary for the functional development of the Project. The Project is being designed in accordance with current government regulatory requirements. The Project will serve its intended function provided the construction is in substantial compliance with the design. Items of construction for the Project are based upon current development plans.

ENGINEER’S CERTIFICATION
It is our professional opinion that the public infrastructure costs for the CIP provided in this report are reasonable to complete the construction of the public infrastructure improvements. Furthermore, the public infrastructure improvements will benefit and add value to lands within the District and the value is at least the same as the costs for said improvements.

The Opinion of Probable Costs for the public infrastructure improvements is only an estimate and is not a guaranteed maximum price. The estimated costs are based upon current unit prices and on our experience with ongoing and similar projects and basis in the county and city. However; labor market, future costs of equipment; materials, changes to the regulatory permitting agencies' activities, and the actual construction processes employed by the chosen site contractor are beyond the engineer's control. Due to this inherent opportunity for changes (upward or downward) in the construction costs, the total, final construction cost may be more or less than this estimate.

Based upon the presumption that the CIP construction continues in a timely manner, it is our opinion that the costs of the CIP proposed represent a system of improvements benefitting all developable property located within the District, are fair and reasonable, and that the District-funded improvements are assessable improvements within the meaning of Chapter 190, F.S. We have no reason to believe that the CIP improvements cannot be constructed at the cost described in this report. We expect the improvements to be constructed or acquired by the District with bond proceeds, as indicated within this report. We believe that the District will be well served by the improvements discussed in this report.

I hereby certify that the foregoing is a true and correct copy of the engineer’s report for the Lake Deer Community Development District.

Reinardo Malavé, P.E. Florida License No. 31588

COMPANY CONFIDENTIAL AND PROPRIETARY: Use or disclosure of data contained on this sheet is subject to restriction on the title page of this proposal.

	 | LAKE DEER COMMUNITY DEVELOPMENT DISTRICT |June 21, 2021| 7

LAKE DEER CDD BOUNDARY

POLK CO.

LEGEND
LAKE DEER CDD

SECT 14 & 22, T28S, R28E

EXHIBIT 1 - LOCATION MAP LAKE DEER CDD
PARCELS

0'	600'

1200'

DATE: June 24, 2021
LAKE DEER CDD EXHIBIT 2 - LEGAL DESCRIPTION

Parcel No 1 (Tax ID 282822-935710-000001)
POINCIANA OFFICE & INDUSTRIAL PARK VII PB 61 PGS 4 & 5 TRACTS ALL LESS TRACTS E & F FOR PROPOSED POINCIANA FIRE STATION SITE.
RIGHT-OF-WAY WITHIN PARCEL NO 1 AS SHOWN ON PLAT BOOK 61, PAGE 4 – TOTAL ACREAGE 14.1 AC.
Along with

Parcel No. 2 (Tax ID 282822-935710-000002)
POINCIANA OFFICE & INDUSTRIAL PARK VII PB 61 PGS 4 & 5 GREENWAYS ALL. AND
Parcel No. 3 (Tax ID 282814-935310-000003)
POINCIANA NEIGHBORHOOD 3 WEST VILLAGE 8 PB 53 PGS 44/49 ALL TRACTS THAT PART LYING IN SEC 22-28-28.

CONTAINING: 160.0 ACRES MORE OR LESS.

LAKE DEER CDD BOUNDARY

POLK CO.

LEGEND
LAKE DEER CDD

SECT 14 & 22, T28S, R28E

EXHIBIT 3 - BOUNDARY MAP LAKE DEER CDD
PARCELS

0'	600'

1200'

DATE: June 24, 2021

LAKE DEER CDD BOUNDARY

LAKE HATCHINEHA ROAD (CR542)
POLK CO.

LAND USE LEGEND

LEGEND
LAKE DEER CDD

SECT 22, T28S, R28E

EXHIBIT 4 - LAND USE MAP LAKE DEER CDD
PARCELS

0'	600'

1200'

DATE: June 24, 2021

DRI

LAKE DEER CDD BOUNDARY

DRI
A/RR

A/RR

POLK CO.

LAKE HATCHINEHA ROAD (CR542)

FUTURE LAND USE LEGEND
A/RR - AGRICULTURE/RESIDENTIAL RURAL DRI - DEVELOPMENT OF REGIONAL IMPACT
LEGEND
LAKE DEER CDD PARCELS
SECT 22, T28S, R28E
EXHIBIT 5 - FUTURE LAND USE MAP LAKE DEER CDD

0'	600'

1200'

DATE: June 24, 2021

LAKE DEER CDD BOUNDARY

EXISTING
6" FORCE MAIN

EXISTING
10" WATER MAIN

POLK CO.

SECT 22, T28S, R28E
LEGEND

LAKE DEER CDD PARCELS
DRAINAGE AREA LIMITS DRAINAGE PATTERN

EXISTING WATER MAIN EXISTING FORCE MAIN
EXHIBIT 6 - DRAINAGE MAP LAKE DEER CDD

0'	400'

800'

DATE: June 24, 2021
Composite Exhibit 7A
Summary of Proposed District Facilities and Summary of Probable Cost

District Infrastructure	Construction	Ownership	Capital Financing*	Operation and Maintenance	
Entry Feature & Signage	District	District	District Bonds	District	
Stormwater Facilities	District	District	District Bonds	District	
Lift Stations/Water/Sewer	District	TOHO Water Authority****	District Bonds	TOHO Water Authority****	
Street Lighting/Conduit	District	Duke/District**	District Bonds	Duke/District***	
Road Construction	District	District	District Bonds	District	
Parks & Amenities	District	District	District Bonds	District	
Offsite Improvements	District	Polk County	District Bonds	Polk County	

*Costs not funded by bonds will be funded by the developer
** District will fund undergrounding of electrical conduit
***District will fund street lighting maintenance services
**** TOHO WATER Authority will own and maintain the water and sewer infrastructure
Lake Deer CDD - Exhibit 7B						

Infrastructure						
Number of Lots				597		
LF Roadway	LF Cost	Lot Cost	Misc	19800		
Roadway Length in Miles				3.75		
				Category Subtotals	Category Totals	
Offsite Improvements	$ 115.00				$	2,277,000.00	
Stormwater Management					$	2,970,000.00	
Mass Grading and Master Stormwater
Drainage	$ 65.00			$	1,287,000.00		
Roadway Drainage	$ 85.00			$	1,683,000.00		
Utilities (Water, Sewer, & Reuse)					$	4,063,000.00	
Water	$ 55.00			$	1,089,000.00		
Reuse	$ 45.00			$	891,000.00		
Gravity Sewer	$ 85.00			$	1,683,000.00		
Lift Station & Forcemains			$ 400,000.00	$	400,000.00		
Electrical					$	1,252,200.00	
Street Lighting	$ 15.00			$	297,000.00		
Electrical Distribution		$ 1,600.00		$	955,200.00		
Roadway	$ 150.00				$	2,970,000.00	
Entry Feature			$ 200,000.00		$	200,000.00	
Parks and Amenities		$ 2,000.00			$	1,194,000.00	
						
SUBTOTAL CONSTRUCTION					$	14,926,200.00	
						
General Consulting (Engr & Legal) @ 10%					$	1,492,620.00	
						
Contingency @ 10% (Construction Subtotal and General Consulting)					
$	1,641,882.00	
						
TOTAL					$	18,060,702.00	
1	2	3	4	5

Dewberry Engineers Inc.
800 NORTH MAGNOLIA AVENUE SUITE 1000
ORLANDO, FLORIDA 32804
PHONE: 407.843.5120 ENGINEERING BUSINESS - 8794
E

D

SEAL

KEY PLAN

C

SCALE	NORTH

40 FT LOTS: 396
50 FT LOTS: 201

400

200	0

400

800
B	597 LOTS TOTAL

Scale: 1" = 400'

NO.

DATE	BY

DESCRIPTION
REVISIONS

DRAWN BY

APPROVED BY CHECKED BY
DATE

MJB RM
      RM	 06-18-2021

TITLE

MASTER SITE PLAN
A
PROJECT NO.	50137546
1 OF 1
SHEET NO.

SECTION VI
Prepared By and Return To

Roy Van Wyk, Esq. KE Law Group, PLLC PO Box 6386
Tallahassee, Florida 32314

Parcel ID:	282822935710000001
282822935710000002
282814935310000003

TEMPORARY CONSTRUCTION AND ACCESS EASEMENT AGREEMENT
(MASTER INFRASTRUCTURE IMPROVEMENTS)

THIS	TEMPORARY	CONSTRUCTION	AND	ACCESS	EASEMENT	AGREEMENT
(“Agreement”) is made and entered as of this       day of        2021, by and between LAKE    DEER DEVELOPMENT, LLC, a Florida limited liability company, with a mailing address of 346 E. Central Avenue, Winter Haven, Florida 33880 (“Grantor”) in favor of LAKE DEER COMMUNITY DEVELOPMENT DISTRICT, a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, whose address is c/o Governmental Management Services – Central Florida, LLC, 219 East Livingston Street, Orlando, Florida 32801 (“Grantee” or the “District”) (Grantor and Grantee are sometimes together referred to herein as the “Parties”, and separately as the “Party”).

WITNESSETH :

WHEREAS, Grantor is the owner in fee simple of certain parcels of real property located in unincorporated Polk County, Florida, being more particularly described in Exhibit “A” attached hereto, and by this reference incorporated herein (the “Easement Area”); and

WHEREAS, Grantee intends to complete within the Easement Area, the design, installation and construction of roadway improvements, water, stormwater management facilities, sanitary sewer utilities, signage, neighborhood parks and recreational facilities and other such improvements as authorized by law, (collectively, the “Improvements”); and

WHEREAS, Grantor desires to grant to Grantee a temporary, non-exclusive construction and access easement on, upon, over, under, across, and through the Easement Area for the sole purpose of constructing the Improvements, until either construction of the Improvements is completed or the Grantee acquires the Easement Area, whichever occurs first.

NOW, THEREFORE, for and in consideration of Ten and No/100 Dollars ($10.00) in hand paid by the Grantee to the Grantor, the mutual covenants and agreements herein set forth and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby expressly acknowledged by the Parties, the Parties do hereby agree as follows:

1

RECITALS. The foregoing recitals are true and correct and are incorporated herein by this reference.
TEMPORARY CONSTRUCTION EASEMENT. Grantor does hereby grant, bargain, sell and convey to Grantee a temporary, non-exclusive easement on, upon, over, under, across and through the Easement Area for access, ingress, egress and to allow Grantee to complete the design, construction and installation of the Improvements (collectively, the “Easement”).
TERM OF EASEMENT. Upon the earlier of (i) the completion of all Improvements and the acceptance of such by the District’s Board of Supervisors, or (ii) recordation of a release of the Easement in the Public Records of Polk County, Florida, then this Agreement shall automatically terminate and be extinguished and all rights in the Easement granted by this Agreement shall immediately revert to the Grantor, its successors, transferees and assigns, without further action of the Grantor or Grantee being required with respect to such Easement Area. Alternatively, (iii) upon recordation of a plat, this Agreement shall partially and automatically terminate and be extinguished over the platted residential lots (“Lots”), and all rights in the Easement upon such Lots granted by this Agreement shall immediately revert to the Grantor, its successors, transferees and assigns, without further action of the Grantor or Grantee being required with respect to such Lots in the Easement Area. Upon termination of this Agreement, as provided herein, and upon request by Grantor, Grantee shall promptly execute and deliver to Grantor a document in recordable form confirming termination of this Agreement and the Easement granted herein. Should the Grantee acquire the Easement Area from the Grantor prior to the occurrence of events (i), (ii) and (iii) enumerated herein, this Agreement shall automatically terminate and be extinguished and all rights in the Easement granted by this Agreement shall immediately vest in the Grantee, its successors, transferees and assigns, without further action of the Grantor or Grantee being required with respect to such Easement Area.

INSURANCE AND INDEMNITY. Grantee and/or any contractors performing work for Grantee on the Easement Area, shall at all times maintain general public liability insurance to afford protection against any and all claims for personal injury, death or property damage arising directly or indirectly out of the exercise of the rights and privileges granted. Said insurance maintained by any contractors performing work for Grantee on the Easement Area shall be issued by solvent, reputable insurance companies authorized to do business in the State of Florida, naming Grantee and Grantor as insured, as their interests may appear, in a combined-single limit of not less than $1,000,000.00 with respect to bodily injury or death and property damage. Said insurance shall also be primary, and not contributory, as to any insurance coverage maintained by Grantor. To the extent permitted by law and without waiving any of the protections afforded by Section 768.28, Florida Statutes, Grantee hereby agrees to indemnify and hold harmless Grantor from and against any and all liability arising out of Grantee’s construction activities within the Easement Area.

OBLIGATIONS OF GRANTOR AND GRANTEE. The Parties acknowledge and agree that any rights granted hereunder shall be exercised by the Parties only in accordance and compliance with any and all applicable laws, ordinances, rules, regulations, permits and approvals, and any future modifications or amendments thereto. The Parties covenant and agree that neither Party shall discharge into or within the Easement Area, any hazardous or toxic materials or

2
substances, any pollutants, or any other substances or materials prohibited or regulated under any federal, state or local law, ordinance, rule, regulations or permit, except in accordance with such laws, ordinances, rules, regulations and permits. To the extent permitted by law and without waiving any of the protections afforded by Section 768.28, Florida Statutes, each Party hereby agrees to indemnify and hold harmless the other Party from and against any and all liability arising out of such Party’s breach of any provision of this Agreement, including, without limitation, the matters set forth in this paragraph.

BENEFICIARIES OF EASEMENT RIGHTS. The Easement set forth in this Agreement shall be for the sole benefit and use of Grantee, its successors and assigns, and Grantee’s agents, employees, consultants, representatives, contractors and providers of emergency services and utility services.
AMENDMENTS AND WAIVERS. This Agreement may not be terminated or amended, modified, altered, or changed in any respect whatsoever, except by a further agreement in writing duly executed by the Parties and recorded in the Public Records of Polk County, Florida, except as provided in Section 3 of this Agreement. No delay or omission of any Party in the exercise of any right accruing upon any default of any Party shall impair such right or be construed to be a waiver thereof, and every such right may be exercised at any time during the continuance of such default. A waiver by any Party of a breach of, or a default in, any of the terms and conditions of this Agreement by any other Party shall not be construed to be a waiver of any subsequent breach of or default in the same or any other provision of this Agreement. No breach of the provisions of this Agreement shall entitle any Party to cancel, rescind or otherwise terminate this Agreement, but such limitation shall not affect, in any manner, any other rights or remedies which any Party may have by reason of any breach of the provisions of this Agreement.

NOTICES. Any notices which may be permitted or required hereunder shall be in writing and shall be deemed to have been duly given (i) three (3) days after depositing with the United States Postal Service, postage prepaid, (ii) one day after depositing with a nationally recognized overnight courier service, or (iii) on the day of hand delivery (provided such delivery occurs prior to 5:00 pm, E.S.T. or E.D.T., as applicable), to the address listed above or to such other address as either Party may from time to time designate by written notice in accordance with this paragraph.

USE OF EASEMENT AREA. It is acknowledged and agreed that the Easement granted under this Agreement is not an exclusive easement and that Grantor shall have the right to use and enjoy the Easement Area in any manner not inconsistent with the easement rights created herein, and grant others the right to do so.

LIENS. Grantee shall not permit (and shall promptly satisfy or bond) any construction, mechanic’s lien or encumbrance against the Easement Area in connection with the exercise of rights hereunder.
EFFECTIVE DATE. The Effective Date of the Agreement shall be the last day that this Agreement is signed by either Party.

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MISCELLANEOUS. This Agreement contains the entire understanding of the Parties with respect to the matters set forth herein and no other agreement, oral or written, not set forth herein, nor any course of dealings of the Parties, shall be deemed to alter or affect the terms and conditions set forth herein. If any provision of this Agreement, or portion thereof, or the application thereof to any person or circumstances, shall, to the extent be held invalid, inoperative or unenforceable, the remainder of this Agreement, or the application of such provision or portion thereof to any other persons or circumstances, shall not be affected thereby; it shall not be deemed that any such invalid provision affects the consideration for this Agreement; and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. This Agreement shall be construed in accordance with the laws of the State of Florida. Venue for any proceeding brought hereunder shall be Polk County, Florida. In the event of any dispute hereunder or of any action to interpret or enforce this Agreement, any provision hereof or any matter arising herefrom, the predominantly prevailing party shall be entitled to recover its reasonable attorneys’ fees, costs and expenses, whether suit be brought or not, and whether in settlement, in any declaratory action, at trial or on appeal. The section headings in this Agreement are for convenience only, shall in no way define or limit the scope or content of this Agreement, and shall not be considered in any construction or interpretation of this Agreement or any part hereof. Where the sense of this Agreement requires, any reference to a term in the singular shall be deemed to include the plural of said term, and any reference to a term in the plural shall be deemed to include the singular of said term. Nothing in this Agreement shall be construed to make the Parties hereto partners or joint venturers or render either of said Parties liable for the debts or obligations of the other. This Agreement may be executed in counterparts, each of which shall constitute an original, but all taken together shall constitute one and the same Agreement. Time is of the essence of this Agreement. This Agreement shall be binding upon and inure to the benefit of Grantor and Grantee and their respective successors and assigns. The rights, privileges and Easement granted and conveyed hereunder shall be a burden upon the Easement Area and shall exist for the benefit of and run with title to the Easement Area.

[Signatures contained on following pages]

4
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the day and year first written above.

“GRANTOR”

Signed, sealed and delivered	LAKE DEER DEVELOPMENT, LLC
in the presence of:	a Florida limited liability company

Print Name: 		By: Albert S. Cassidy
Its: Manager

Print Name: 	

STATE OF FLORIDA COUNTY OF  	

The foregoing instrument was acknowledged before me ▢ physical presence or ▢ online notarization this        day of 	, 2021, by Albert S. Cassidy as Manager of Lake Deer Development, LLC on behalf of the company.

(Official Notary Signature)
Name:	 Personally Known  	 OR Produced Identification  	
[notary seal]	Type of Identification  	

[Continue onto next page]

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“GRANTEE”

LAKE DEER COMMUNITY
DEVELOPMENT DISTRICT, a local unit of special-purpose government established
Signed, sealed and delivered	pursuant to Chapter 190, Florida Statutes
in the presence of:

Print Name: 		Vice/Chairperson, Board of Supervisors

Print Name: 	

STATE OF FLORIDA COUNTY OF  	

The foregoing instrument was acknowledged before me ▢ physical presence or ▢ online notarization this        day of 	, 2021, by Warren K. (Rennie) Heath, II, as Chairperson of the Board of Supervisors of the Lake Deer Community Development District.

(Official Notary Signature)
Name:	 Personally Known  	 OR Produced Identification  	
[notary seal]	Type of Identification  	

[Continue onto next page]

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EXHIBIT A

7

SECTION VII

THIS INSTRUMENT WAS PREPARED BY AND UPON RECORDING RETURN TO:

ROY VAN WYK
KE LAW GROUP, PLLC
2016 DELTA BLVD., SUITE 101
TALLAHASSEE, FLORIDA 32303

AGREEMENT REGARDING COVENANTS AND RESTRICTIONS OF RENTAL UNITS (“BUILD TO RENT HOUSING”) LOCATED WITHIN THE
LAKE DEER COMMUNITY DEVELOPMENT DISTRICT

THIS AGREEMENT (“Agreement”) is made and entered into this      day of      2021, by and between:

LAKE DEER COMMUNITY DEVELOPMENT DISTRICT, a local unit of special- purpose government established pursuant to Chapter 190, Florida Statutes, and located in Polk County Florida, whose mailing address is 219 East Livingston Street, Orlando, Florida 32801 (the “District”), and

RHICAS, LLC, a Florida limited liability company, with a mailing address of 346
E. Central Avenue, Winter Haven, Florida 33880 (“Developer” and together with the District, and their respective successors and/or assigns, collectively, the “Parties”).

RECITALS

WHEREAS, the District was established, upon petition of the Developer, by Ordinance No. 21-030, adopted by the Board of County Commissioners in and for Polk County, Florida, effective as of June 15, 2021, for the purpose of planning, financing, constructing, operating, and/or maintaining certain infrastructure; and

WHEREAS, the Developer intends to develop the lands within the District into three separate neighborhoods; and

WHEREAS, one of the three neighborhoods as more particularly described on Exhibit “A” attached hereto and made a part hereof may be developed as a Build to Rent Housing neighborhood (“Rental Neighborhood”), consistent with the Developer’s original concept for the development of lands within the District; and

WHEREAS, the Developer has or will enter into purchase and sales agreements with various builders to purchase finished lots within the District, including within the Rental Neighborhood; and
1
48488052.2 70518.0001
Agreement regarding Build to Rent - Lake Deer

WHEREAS, The Developer desires to enter into this agreement to confirm its intention to develop the Rental Neighborhood for Build to Rent Housing, and affirm the District’s agreement with such intention; and

WHEREAS, for purposes of clarification, this Agreement in no way restricts Developer’s right to offer lots in the Rental Neighborhood for sale in the ordinary course of its business; and

WHEREAS, the District desires to enter into this Agreement to affirm that it will not otherwise regulate or restrict the Developer, or any successor in interest to the Developer, from developing the Rental Neighborhood as intended; and

WHEREAS, the District presently expects to access the public bond market to provide for the financing of certain capital improvements, facilities, and services to benefit the lands within the District; and

WHEREAS, the District and the Developer agree to include within the District’s financing documents certain covenants and restrictions limiting any action by the District to restrict Developer’s development of the Rental Neighborhood, including the use of amenity facilities by renters within the Rental Neighborhood; and

WHEREAS, The Parties agree that any plat associated with the lands within the Rental Neighborhood shall include language recognizing the limitations and intent of the Parties set forth in this Agreement; and

WHEREAS, the Developer agrees to include within any deed or other conveyance conveying property to the District will include certain covenants and restrictions effectuating the intent of this Agreement.

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

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

SECTION 2. COVENANT. District acknowledges that, to the extent authorized by law, District will not limit or otherwise restrict the Developer, its successors or assigns from developing the Rental Neighborhood for rental housing or in any way, including adopting any rules or policies that restrict the use of the District’s amenity facilities for use by renters.

SECTION 3. ENFORCEMENT. A default by any Party under this Agreement shall entitle any other Party to all remedies available at law or in equity, but excluding special, consequential, or punitive damages.

2
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Agreement regarding Build to Rent - Lake Deer

SECTION 4. RECOVERY OF COSTS AND FEES. In the event any Party is required to enforce this Agreement by court proceedings or otherwise, then the prevailing Party, as determined by the applicable court or other dispute resolution provider, shall be entitled to recover from the non-prevailing Party all fees and costs incurred, including reasonable attorneys' fees and costs incurred prior to or during any litigation or other dispute resolution and including all fees and costs incurred in appellate proceedings.

SECTION 5. NOTICE. All notices, requests, consents and other communications  hereunder ("Notices") shall be in writing and shall be delivered, mailed by First Class Mail, postage prepaid, by overnight delivery service, or telecopied or hand delivered to the parties, as follows:

If to the District:	Lake Deer Community Development District
219 East Livingston Street Orlando, FL 32801

Attn: District Manager

With a copy to:	KE Law Group, PLLC Post Office Box 6386 Tallahassee, Florida 32314 Attn: Roy Van Wyk

If to Developer:	RhiCas, LLC.
346 E Central Ave.
Winter Haven, Florida 33880 Attn: Lauren O. Schwenk.

With a copy to:	Straughn & Turner, P.A. 255 Magnolia Ave, S.W.
Winter Haven, Florida 33883 Attn: Richard Straughn

Except as otherwise provided herein, any Notice shall be deemed received only upon actual delivery at the address or telecopy number set forth herein. If mailed as provided above, Notices shall be deemed delivered on the third business day unless actually received earlier. Notices hand 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 parties may deliver Notice on behalf of the parties. Any party or other person to whom Notices are to be sent or copied may
3
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Agreement regarding Build to Rent - Lake Deer

notify the other parties and addressees of any change in name, address or telecopy number to which Notices shall be sent by providing the same on five (5) days written notice to the parties and addressees set forth herein.

SECTION 6.	ASSIGNMENT.

A.   Developer may assign its rights under this Agreement only with the written consent of the Parties, which consent shall not be unreasonably withheld. This Agreement shall constitute a covenant running with lands within the Rental Neighborhood, binding upon District, Developer and their respective successors and assigns.

SECTION 7. AMENDMENT. This Agreement shall constitute the  entire  agreement between the Parties as to the matters set forth herein and may be modified in writing only by the mutual agreement of all Parties. This Agreement may not be amended without the prior written consent of the Parties.

SECTION 8. TERMINATION. This Agreement shall continue in effect until it is rescinded in writing. This Agreement may not be terminated without the prior consent of the Parties.

SECTION 9. NEGOTIATION AT ARM’S LENGTH. This Agreement has been negotiated fully between the Parties as an arm’s length transaction. The Parties participated fully in the preparation of this Agreement and received the advice of counsel. In the case of a dispute concerning the interpretation of any provision of this Agreement, the Parties are deemed to have drafted, chosen and selected the language, and the doubtful language will not be interpreted or construed against either Party.

SECTION 10. THIRD PARTY BENEFICIARIES. This Agreement is solely for the benefit of the District and the Developer 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 entity other than the District and the Developer any right, remedy or claim under or by reason of this Agreement or any 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 District and the Developer and their respective representatives, successors and assigns.

SECTION 11.	LIMITATIONS ON GOVERNMENTAL LIABILITY. Nothing in this Agreement
shall be deemed as a waiver of immunity or limits of liability of the District beyond any statutory limited waiver of immunity or limits of liability which may have been adopted by the Florida Legislature 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 the Doctrine of Sovereign Immunity or by operation of law.

4
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Agreement regarding Build to Rent - Lake Deer

SECTION 12. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Florida. Venue shall be in Polk County Florida

SECTION 13. PUBLIC RECORDS. The Developer understands and agrees that all documents of any kind provided to the District in connection with this Agreement may be public records and may require treatment as such in accordance with Florida law.

SECTION 14. EXECUTION IN 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.

SECTION 15. EFFECTIVE DATE. This Agreement shall become effective after execution by the Parties hereto on the date reflected above.

[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

5
48488052.2 70518.0001
Agreement regarding Build to Rent - Lake Deer

IN WITNESS WHEREOF, the Parties execute this Agreement the day and year first written
above.

ATTEST:	LAKE DEER COMMUNITY
DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairperson/Vice Chairperson

WITNESS:

By:  	

WITNESS:
RHICAS, LLC, a Florida limited liability company

By:  	

Lauren O. Schwenk, Manager

WITNESS:

By:  	
6
48488052.2 70518.0001
Agreement regarding Build to Rent - Lake Deer

Exhibit “A” Neighborhood Legal Description

7
48488052.2 70518.0001
Agreement regarding Build to Rent - Lake Deer

SECTION VIII

LAKE DEER CDD
This Data Sharing and Usage Agreement, hereinafter referred to as “Agreement,” establishes the terms and conditions under which the LAKE DEER CDD, hereinafter referred to as “agency,” can acquire and use Polk County Property Appraiser data that is exempt from Public Records disclosure as defined in FS 119.071.

As of July 1, 2021, the Florida Public Records Exemptions Statute was amended as it relates to the publicly available records maintained by the county property appraiser and tax collector. As a result, exempt (aka confidential) parcels and accounts have been added back to our website and FTP data files. No owner names, mailing addresses, or official records (OR)
 books and pages of recorded documents related to these parcels/accounts, appear on the Property Appraiser’s website or in FTP data files. In addition, the Polk County Property Appraiser’s mapping site has been modified to accommodate the statutory change. See Senate Bill 781 for additional information.

For the purposes of this Agreement, all data is provided. It is the responsibility of the agency to apply all statutory guidelines relative to confidentiality.

The confidentiality of personal identifying information including: names, mailing address and OR Book and Pages owned by individuals that have received exempt / confidential status, hereinafter referred to as “confidential data,” will be protected as follows:
The agency will not release confidential data that may reveal identifying information of individuals exempted from Public Records disclosure.
The agency will not present the confidential data in the results of data analysis (including maps) in any manner that would reveal personal identifying information of individuals exempted from Public Records disclosure.
The agency shall comply with all state laws and regulations governing the confidentiality and exempt status of personal identifying and location information that is the subject of this Agreement.
The agency shall ensure any employee granted access to confidential data is subject to the terms and conditions of this Agreement.
The agency shall ensure any third party granted access to confidential data is subject to the terms and conditions of this Agreement. Acceptance of these terms must be provided in writing to the agency by the third party before personal identifying information is released.
The term of this Agreement shall commence on January 1, 2022 and shall run until December 31, 2022, the date of signature by the parties notwithstanding. This Agreement shall not automatically renew. A new agreement will be provided annually to ensure all responsible parties are aware of and maintain the terms and conditions of this Data Sharing and Usage Agreement.
In witness of their agreement to the terms above, the parties or their authorized agents hereby affix their signatures.

POLK COUNTY PROPERTY APPRAISER

Signature:   	
LAKE DEER CDD

Signature:   	

Print:	Marsha M. Faux CFA, ASA		Print:	 	

Title:	Polk County Property Appraiser		Title:	 	

Date:	December 1, 2021		Date:	 	

Please email the signed agreement to pataxroll@polk-county.net.

SECTION IX
CONTRACT AGREEMENT
This Agreement made and entered into on Friday, December 03, 2021 by and between the Lake Deer Community Development District, a local unit of special purpose government of the State of Florida hereinafter referred to as the 'Special District', and Marsha M. Faux, Polk County Property Appraiser, a Constitutional Officer of the State of Florida, whose address is 255 North Wilson Ave., Bartow, FL 33830, hereinafter referred to as the 'Property Appraiser'.

Section 197.3632 Florida Statutes, provides that special assessments of non-ad valorem taxes levied by the Special District may be included in the assessment rolls of the County and collected in conjunction with ad valorem taxes as assessed by the Property Appraiser. Pursuant to that option, the Property Appraiser and the Special District shall enter into an agreement providing for reimbursement to the Property Appraiser of administrative costs, including costs of inception and maintenance, incurred as a result of such inclusion.

The parties herein agree that, for the 2022 tax year assessment roll, the Property Appraiser will include on the assessment rolls such special assessments as are certified to her by the Lake Deer Community Development District.

The term of this Agreement shall commence on January 1, 2022 or the date signed below, whichever is later, and shall run until December 31, 2022, the date of signature by the parties notwithstanding. This Agreement shall not automatically renew.

The Special District shall meet all relevant requirements of Section 197.3632 & 190.021 Florida Statutes.

The Special District shall furnish the Property Appraiser with up-to-date data concerning its boundaries and proposed assessments, and other information as requested by the Property Appraiser to facilitate in administering the non-ad valorem assessment in question. Specifically, if assessments will be included on the 2022 TRIM Notice, the Special District shall provide proposed assessments no later than Friday, July 15, 2022. The Special District’s assessments shall, as far as practicable, be uniform (e.g. one uniform assessment for maintenance, etc.) to facilitate the making of the assessments by the mass data techniques utilized by the Property Appraiser.

The Special District shall certify to the Property Appraiser the Special District’s annual installment and levy no later than Thursday, September 15, 2022. The Property Appraiser shall, using the information provided by the Special District, place the Special District’s non ad-valorem special assessments on properties within the district for inclusion on the 2022 tax roll.

The Property Appraiser shall be compensated by the Special District for the administrative costs incurred in carrying out this Agreement at the rate of 1% of the amount levied on the TRIM Notice or if the TRIM Notice is not used, the rate shall be 1% of the amount levied on the 2022 tax roll. For the TRIM Notice, the Property Appraiser will require payment on or before Thursday, September 15, 2022 for processing within the Property Appraiser budget year (October 1st – September 30th).

If the actual costs of performing the services under this agreement exceed the compensation provided for in Paragraph 7, the
amount of compensation shall be the actual costs of performing the services under this agreement.

If tax roll corrections are requested by the Special District, the Property Appraiser shall be compensated by the Special District for the administrative costs incurred at the rate of $5.00 for each tax roll correction exceeding ten (10) corrections per tax year.

The Special District shall indemnify and hold harmless, to the extent permitted by Florida law and without waiving its right of any applicable sovereign immunity, the Property Appraiser and all respective officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the Property Appraiser and all respective officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the negligent or intentional acts or omissions of the Special District or its employees, agents, servants, partners, principals, or subcontractors arising out of, relating to, or resulting from the performance of the Agreement. The Special District shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the Property Appraiser where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon.

EXECUTED By:	Marsha M. Faux, CFA, ASA
Polk County Property Appraiser

Special District Representative Print name

Title	Date
By:

Marsha M. Faux, Property Appraiser

SECTION X

SECTION C

S ECTION 1
Lake Deer
Community Development District

Bill to:	Cascara II

Fiscal Year 2022
Funding Request #1
October 21, 2021

General Fund FY2022

1	Operations & Maintenance Funding - FY2022	$	20,000.00

$	20,000.00

 	Total:	$	20,000.00 

Please make check payable to:

Lake Deer Community Development District
6200 Lee Vista Blvd, Suite 300
Orlando, FL 32822
Lake Deer
Community Development District

Bill to:	Cascara II

Fiscal Year 2022 Funding Request #2 - REVISED
November 29, 2021

General Fund	General Fund
FY2021	FY2022

1	Operations & Maintenance Funding
$	5,000.00	$
15,000.00

$	5,000.00    $	15,000.00

 	Total:	$	20,000.00 

Please make check payable to:

Lake Deer Community Development District
6200 Lee Vista Blvd, Suite 300
Orlando, FL 32822

.	. .
S ECTION 2

Lake Deer
Community Development District

Unaudited Financial Reporting
October 31, 2021

Table of Contents

 	Balance Sheet

 	General Fund

 	Month to Month
Lake Deer
Community Development District Combined Balance Sheet
October 31, 2021

	General Fund	Totals Governmental Funds	
Assets:
Cash:
Operating Account	

$	3,256	

$	3,256	
Due from Developer	$	25,000	$	25,000	
Total Assets	$	28,256	$	28,256	

Liabilities:
Accounts Payable	

$	18,108	

$	18,108	
Total Liabilites	$	18,108	$	18,108	

Fund Balance:
Unassigned	

$	10,148	

$	10,148	
Total Fund Balances	$	10,148	$	10,148	
			
Total Liabilities & Fund Balance	$	28,256	$	28,256	

1
Lake Deer
Community Development District General Fund
Statement of Revenues, Expenditures, and Changes in Fund Balance
For The Period Ending October 31, 2021

Adopted	Prorated Budget	Actual		
Budget	Thru 10/31/21	Thru 10/31/21	Variance	

Revenues:					
Developer Contributions	$	131,810	$	20,000	$	20,000	$	-	
Total Revenues	$	131,810	$	20,000	$	20,000	$	-	

Expenditures:					
General & Administrative:					
Supervisor Fees	$	12,000	$	1,000	$	-	$	1,000	
Engineering	$	15,000	$	1,250	$	-	$	1,250	
Attorney	$	25,000	$	2,083	$	-	$	2,083	
Annual Audit	$	4,000	$	-	$	-	$	-	
Assessment Administration	$	5,000	$	-	$	-	$	-	
Arbitrage	$	450	$	-	$	-	$	-	
Dissemination	$	5,000	$	-	$	-	$	-	
Trustee Fees	$	3,600	$	-	$	-	$	-	
Management Fees	$	35,000	$	2,917	$	2,917	$	(0)	
Information Technology	$	1,800	$	150	$	150	$	-	
Website Maintenance	$	1,200	$	100	$	100	$	-	
Telephone	$	300	$	25	$	-	$	25	
Postage & Delivery	$	1,000	$	83	$	-	$	83	
Insurance	$	5,000	$	5,000	$	5,000	$	-	
Printing & Binding	$	1,000	$	83	$	2	$	81	
Legal Advertising	$	10,000	$	833	$	3,993	$	(3,160)	
Other Current Charges	$	5,000	$	417	$	25	$	392	
Office Supplies	$	625	$	52	$	-	$	52	
Travel Per Diem	$	660	$	55	$	-	$	55	
Dues, Licenses & Subscriptions	$	175	$	175	$	175	$	-	
Total Expenditures	$	131,810	$	14,224	$	12,362	$	1,861	
					
Excess (Deficiency) of Revenues over Expenditures	$	-		$	7,638		
					
Fund Balance - Beginning	$	-		$	2,510		
					
Fund Balance - Ending	$	-		$	10,148		

2
Lake Deer
Community Development District Month to Month

Revenues:

Developer Contributions

$	20,000 $

-     $	- $

-     $	- $

-     $	-     $	- $

-     $	- $

-     $	- $

20,000

Expenditures:

General & Administrative:			
Supervisor Fees	$	-	$	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-	
Engineering	$	-	$	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-	
Attorney	$	-	$	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-	
Annual Audit	$	-	$	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-	
Assessment Administration	$	-	$	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-	
Arbitrage	$	-	$	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-	
Dissemination	$	-	$	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-	
Trustee Fees	$	-	$	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-	
Management Fees	$	2,917	$	-    $	-    $	-    $	-    $	-    $	-    $	-    $	-    $	-    $	-    $	-    $	2,917	
Information Technology	$	150	$	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	150	
Website Maintenance	$	100	$	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	100	
Telephone	$	-	$	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-	
Postage & Delivery	$	-	$	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-	
Insurance	$	5,000	$	-    $	-    $	-    $	-    $	-    $	-    $	-    $	-    $	-    $	-    $	-    $	5,000	
Printing & Binding	$	2	$	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	2	
Legal Advertising	$	3,993	$	-    $	-    $	-    $	-    $	-    $	-    $	-    $	-    $	-    $	-    $	-    $	3,993	
Other Current Charges	$	25	$	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	25	
Office Supplies	$	-	$	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-	
Travel Per Diem	$	-	$	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-	
Dues, Licenses & Subscriptions	$	175	$	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	-     $	175	
Total Expenditures	$	12,362	$	-    $	-    $	-    $	-    $	-    $	-    $	-    $	-    $	-    $	-    $	-    $	12,362	
			
Excess Revenues (Expenditures)	$	7,638	$	-    $	-    $	-    $	-    $	-    $	-    $	-    $	-    $	-    $	-    $	-    $	7,638	

3

Audit Committee Meeting

SECTION III

SECTION A
LAKE DEER COMMUNITY DEVELOPMENT DISTRICT REQUEST FOR PROPOSALS

District Auditing Services for Fiscal Year 2021
Polk County, Florida

INSTRUCTIONS TO PROPOSERS

SECTION  1.  DUE  DATE.  Sealed  proposals   must   be   received   no   later   than   Monday,  December   27,   2021   at   5:00   p.m.,   at   the   offices   of   Governmental Management  Services  –  Central  Florida,  LLC,  Attn:  Jill  Burns,   District   Manager,   219  East Livingston Street, Orlando, Florida 32801. Proposals will be publicly opened at that time.

SECTION 2. FAMILIARITY WITH THE LAW. By submitting a proposal, the Proposer is assumed to be familiar with all federal, state, and local laws, ordinances, rules and regulations that in any manner affect the work. Ignorance on the part of the Proposer will in no way relieve  it from responsibility to perform the work covered by the proposal in compliance with all such laws, ordinances and regulations.

SECTION 3. QUALIFICATIONS OF PROPOSER. The contract, if awarded, will only be awarded to a responsible Proposer who is qualified by experience and licensing to do the work specified herein. The Proposer shall submit with its proposal satisfactory evidence of experience in similar work and show that it is fully prepared to complete the work to the satisfaction of the District.

SECTION 4. SUBMISSION  OF  ONLY  ONE  PROPOSAL.  Proposers shall be disqualified, and their proposals rejected if the District has reason to believe that collusion may exist among the Proposers, the Proposer has defaulted on any previous contract or is in arrears on  any previous or existing contract, or for failure to demonstrate proper licensure and business organization.

SECTION 5.	SUBMISSION OF PROPOSAL. Submit one (1) original hard copy and one
electronic copy of the Proposal Documents, and other requested attachments, at the time and place indicated herein, which  shall  be  enclosed  in  an  opaque  sealed  envelope,  marked  with the title “Auditing Services – Lake Deer Community Development District” on the face of it.

SECTION 6. MODIFICATION AND WITHDRAWAL. Proposals may  be  modified  or withdrawn by an appropriate document duly executed and delivered to the place where proposals are to be submitted at any time prior to  the time and  date the proposals  are due.  No proposal  may be withdrawn after opening for a period of ninety (90) days.

SECTION 7. PROPOSAL DOCUMENTS. The  proposal  documents  shall  consist  of  the notice announcing the request for proposals, these instructions, the Evaluation Criteria Sheet and a proposal with all required documentation pursuant to Section 12 of these instructions (the “Proposal Documents”).
SECTION 8.  PROPOSAL.  In making its proposal, each Proposer represents that it has  read and understands the Proposal Documents and that the proposal is made in accordance therewith.

SECTION 9. BASIS OF AWARD/RIGHT TO REJECT.  The District reserves the right to reject any and all proposals, make modifications to the work, and waive any informalities or irregularities in proposals as it is deemed in the best interests of the District.

SECTION 10. CONTRACT AWARD. Within fourteen (14) days of receipt of the Notice of Award from the District, the Proposer shall enter into and execute a Contract (engagement letter) with the District.

SECTION 11. LIMITATION OF LIABILITY. Nothing herein shall be construed as or constitute a waiver of District’s limited waiver of liability contained in Section 768.28, Florida Statutes, or any other statute or law.

SECTION 12. MISCELLANEOUS.  All proposals shall include the  following information  in addition to any other requirements of the proposal documents.

List position or title of all personnel to perform work on the District  audit. Include résumés for each person listed; list years of experience in present position for each party listed and years of related experience.

Describe proposed staffing levels, including résumés with applicable certifications.

Three references from projects of similar size and scope. The Proposer should include information relating to the work it conducted for each reference as well as a name, address and phone number of a contact person.

The lump sum cost of the provision of the services under the proposal for Fiscal Year 2021, plus the lump sum cost of four (4) annual renewals.

Provide a proposed schedule for performance of the audit.

SECTION 13. PROTESTS. In accordance with the District’s Rules of Procedure, any protest regarding the Proposal Documents, must be filed in writing, at the offices of the District Manager, within seventy-two (72) calendar hours (excluding Saturday, Sunday, and state holidays) after the receipt of the Proposal Documents. The formal protest setting forth with particularity the facts and law upon which the protest is based shall be filed within seven (7) calendar days (including Saturday, Sunday, and state holidays) after the initial notice of protest was filed. Failure to timely file a notice of protest or failure to timely file a formal written  protest shall constitute a waiver of any right to object or protest with respect to the aforesaid Proposal Documents.
SECTION 14. EVALUATION OF PROPOSALS. The criteria to be used in the evaluation of proposals are presented in the Evaluation Criteria Sheet, contained within the Proposal Documents.
LAKE DEER COMMUNITY DEVELOPMENT DISTRICT AUDITOR SELECTION EVALUATION CRITERIA

Ability of Personnel.	(20 Points)

(E.g., geographic location of the firm’s headquarters or permanent office in relation to the project; capabilities and experience of key personnel; present ability to manage this project; evaluation of existing workload; proposed staffing levels, etc.)

Proposer’s Experience.	(20 Points)

(E.g. past record and experience of the Proposer in similar projects; volume of work previously performed by the firm; past performance for other community development districts in other contracts; character, integrity, reputation of Proposer, etc.)

Understanding of Scope of Work.	(20 Points)

Extent to which the proposal demonstrates an understanding of the District’s needs for the services requested.

Ability to Furnish the Required Services.	(20 Points)

Extent to which the proposal demonstrates the adequacy of Proposer’s financial resources and stability as a business entity necessary to complete the services required.

Price.	(20 Points)

Points will be awarded based upon the lowest total proposal for rendering the services and the reasonableness of the proposal.

TOTAL	(100 Points)

SECTION B

LAKE DEER COMMUNITY DEVELOPMENT DISTRICT REQUEST FOR PROPOSALS FOR ANNUAL AUDIT SERVICES
The   Lake  Deer   Community   Development    District    hereby    requests    proposals  for annual financial auditing services. The  proposal  must  provide  for  the  auditing  of  the  District’s financial records for the fiscal year ending September 30, 2021, with an option for     four (4) additional annual renewals.  The  District  is  a  local  unit  of  special-purpose  government created under Chapter 190, Florida Statutes, for the purpose of financing, constructing,  and  maintaining  public  infrastructure.  The  District  is  located   in   Polk   County, Florida. The District currently has an operating budget of approximately
$50,953. The  final  contract  will  require  that,  among  other  things,  the  audit for the fiscal  year ending September 30, 2021, be completed no later than June 1, 2022.

Each auditing entity submitting a proposal must be authorized to do business in Florida; hold all applicable state and federal professional licenses in good standing, including but not limited to a license under Chapter 473,  Florida  Statutes,  and  be  qualified  to  conduct  audits  in  accordance with “Government Auditing Standards”, as adopted by the Florida Board of Accountancy.  Audits  shall   be   conducted   in   accordance   with   Florida   law   and particularly section 218.39, Florida Statutes, and the rules of the Florida Auditor General.

Proposal packages, which include evaluation criteria and instructions to proposers, are available from the District Manager at the address and telephone number listed below.

Proposers must provide one (1) original hard copy and one (1) electronic copy of their proposal   to  Governmental  Management  Services  –  Central   Florida,   LLC,   Attn:   Jill   Burns,   District Manager,  219  East  Livingston  Street,  Orlando,  Florida  32801,  in  an  envelope marked   on   the   outside    “Auditing    Services    –    Lake    Deer    Community Development  District.”  Proposals  must   be   received   by   5:00   p.m.   on   Monday, December 27,  2021,  at the   office  address   listed   above.   Proposals   received   after   this  time    will    not     be  eligible     for  consideration.     Please   direct   all  questions  regarding this Notice to the District Manager who can be reached at (407) 841-5524.

Jill Burns, District Manager
Governmental Management Services – Central Florida, LLC Run date: Monday, December 13, 2021