Board of Supervisors Regular Meeting Wednesday, April 17, 2019
8:30 a.m.
505 Whiskey Creek Drive Marco Island, FL 34145

AGENDA

Note: Requests to address the Board on all subjects, which are not on today’s agenda, will be accommodated under “Public Comments”. Public comments are limited to a maximum of three (3) minutes per attendee in order to facilitate orderly and efficient District business.

Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining there to and may need to ensure that a verbatim record of these proceedings is made at their expense.

Any person requiring special accommodations at this meeting because of a disability of physical impairment should contact the District Office at 239-394-4346 at least five days prior to the meeting.
Call to Order
Roll Call
Approval of Agenda
Audience Questions and Comments on Agenda Items
Approval of Previous Meeting Minutes
March 20, 2019
Specific Items of Old Business
Street Light Project
Plausibility, costs, time frame of illuminating specific areas with Key Marco previously discussed in the March 20, 2019 CDD Meeting
Landscape Maintenance Contract
WARRANTY - "Landscape Florida will not be responsible for any turf, ornamentals or trees that die if Landscape Florida is not in exclusive control of the irrigation system."
CONTRACTOR'S PERSONNEL - "Staffing levels, frequencies, seasonal adjustments and scheduling is at the sole discretion of Landscape Florida and will fluctuate throughout the year... Contract is not based on assigned crew sizes and staffing levels and scheduling of services are provided at the sole discretion of Landscape Florida".

STANDARDS - "The parties agree that Landscape Florida will have complete discretion as to all horticultural decisions."
PRUNING AND SHEARING - no hand pruning is guaranteed (Gatehouse?)
no mention of removing litter along the roadways
term: one year versus two years
Gatehouse
Securitas Post Orders
Condition of Plants in Pots (C-3 Maintenance) and Blue Planters
Gatehouse Status
Rust Removal from Arms & Control Boxes
Specific Items of New Business
Speeding and Temporary Speed Bumps
District Counsel – Greg Urbancic, Coleman, Yovanovich & Koester, P.A.
Easement Agreement between CDD and HOA – Tract U
Incident on March 16, 2019
CDD Agreement with Landscape Florida
Special Event Policy
District Finance
Financial Statement Month Ending February 2019
Future Capital Improvement Projects
Hoover Recapturing System $40,000
Roads (Engineering Estimates 2017)
Drainage Improvements $228,990.44
Repave Whiskey Creek Drive $608,863.16
Repave Blue Hill Creek Drive $601,644.93
Street Lights (Estimates range from $300,000 to $1,000,000)
Proposed Draft Budget
All Expenses Listed Since Last Meeting
Spreadsheet FY2018-2019 R&M Contracts
Spreadsheet of KM CDD & HOA Split Expenses
Hoover Proposal to Convert R2 to Flowguard 3
District Manager
FEMA Update & Deposits

Supervisors Request and Comments
Three Way Stop Sign at Blue Hill & Whiskey Creek
Adoption of Gopher Tortoise Day – Corrie Grado
Gatehouse Fascia, Corbels and Ceilings – Dawn Aitkenhead
Dissolution of the CDD – Luanne Kerins
Insurance Policy Renewals - Maureen McFarland
Gatehouse LPR Cameras Installation – Maureen McFarland
District Manager Position – Maureen McFarland
Duties & Time Requirement
HOA – CDD Agreement
Audience Questions and Comments
Schedule Next Meeting Date and Time
a.	June 19, 2019 at 8:30 a.m.
Adjournment

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KEY MARCO COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING
March 20, 2019

The Board of Supervisors of the Key Marco Community Development District met at 8:30 a.m. on March 20h, 2019, at the Key Marco Community Center, Marco Island, Florida.

APPEARANCES:	Maureen McFarland, Supervisor, Chairman
Mary Beth Schewitz, Supervisor Corrie Grado, Supervisor
Dawn Aitkenhead, Supervisor	***WHO WAS ABSENT? Luanne Kerins, Supervisor
ALSO PRESENT	Katie Maline, District Manager/Secretary
Greg Urbancic, District Counsel
Janye Johnston and Lieutenantand Lieutenant ***** Dodd Bulger Florida Fish and Wildlife Commission

CALL TO ORDER/ROLL CALL
The regular meeting was called to order with *** four supervisors in attendance.

APPROVAL OF AGENDA
The Agenda was unanimously approved on a MOTION by Mrs. Schewitz and a second by Mrs.
*** Mrs. Aitkenhead.

AUDIENCE QUESTIONS AND COMMENTS ON AGENDA ITEMS
No comments or questions were received from the public.

APPROVAL OF PREVIOUS MEETING MINUTES
At the top of page 4, the paragraph at the top should be deleted, as a better way to handle the public records request was determined.

Going forward Mrs. Maline will redline all areas where new comments are added.
On a MOTION by Mrs. Schewitz and a second by Mrs. Aitkenhead, the minutes as amended were unanimously approved by the Board.

FLORIDA FISH AND WILDLIFE PRESENTATION
Jane Johnston from the Florida Fish and Wildlife Commission, accompanied by Lt. ***, Dodd Bulger made a presentation to the Board on the Key Marco wildlife.  Daily they speak with people about the conflicts they are having with wildlife., The biggest predators are the bobcats and coyotes, as well as raccoons, possums and armadillos. Key Marco is full of these wild animals, and it is important that they do not have human related food sources, so trash must be locked up in a secured area. Pets should never be fed outside, and if they have to be, the bowls should be brought in after use. Bird feeders can also draw wild animals into the neighborhood. Pets can look like a food source by some of the larger predators, such as coyotes and bobcats. Feeding wildlife in the State of Florida is a misdemeanor and you can be fined up to $500 and

jail time of up to a year. Feeding them is considered to be more of a threat to than speeding vehicles.

Wave, yell and stop to scare away these bigger predators, as they are not afraid of cars or people. Additionally, when humans feed wildlife, they are able to reproduce at a higher rate. Problems between neighbors related to feeding wildlife can be handled through the individual Rules and Regulations of any community.

It was not recommended that rats be poisoned, but a hosted area far from one’s home where the rats, snakes and so on can find food is a good alternative to having them come to your home. A nesting box for owls can be prepared and they help keep the rat population down. Snakes will help keep the rodent population under control as well.

If poisoning is necessary, it was recommended that the directions are followed exactly. The food chain is an issue, and it is important to be careful of inadvertently poisoning another animal by mistake.

Iguanas have been prevalent, and they are an exotic animal, not native to the area, and they do damage to other animals and plants, and it is best to humanely kill them as they are prolific breeders.

Lieutenant *** Bulgar added that Key Marco will occasionally get a panther or a bear, and bears are the biggest problem as they are attracted to trash and bird feeders. If a python is seen the wildlife office should be called immediately for removal. Dispatch will answer calls 24/7.
Mrs. McFarland indicated that the bobcats are very unafraid on Key Marco, and the Lieutenant indicated that he will send the verbiage to Key Marco as it relates to wildlife feeding, and officers will come out and issue a citation if people do not follow the State law. There are wildlife trappers in the area that will come and trap animals as a last resort.

The members of the Fish and Wildlife Commission were thanked for their attendance. SPECIFIC ITEMS OF OLD BUSINESS
C. Gatehouse

Mrs. McFarland noted that they pay $45 a week for C3 to come and maintain the blue pots at the gatehouse.  Mrs. Grado felt that too much money was being spent and the planters do not look good, and their color does not go with the theme of the gatehouse. The Board agreed.

Mrs. Maline will prepare information on alternatives to C3 as it relates to the planters at the gatehouse and bring it to the Board at the next meeting.

Mrs. Maline spoke to Erin who advised that she would reach out to some of her colleagues and get back to Mrs. Maline about the Master Gardeners.

Two delivery dates from the tile company for the gatehouse roof were ignored, but they have indicated that they will be at Key Marco today. The ridgelines were installed, and the dry in permit inspection from the City has been done.

The gate arms and control boxes are rusted, and Mrs. Malines suggested that they replace the moving mechanism with stainless steel. Cypress Access will be providing a proposal for this. It was suggested that CRC be sprayed on it, and that will be looked into as well.

Street Light Project

Mr. DiPrato did not feel that he had sufficient information to make a presentation to the Board at this point. Two quotes have been received. One was nonresponsive and too expensive, and the other did not provide any statement of work.

The electric company is forcing compliance with the street light situation, and their electric   costs have been reduced by 80 percent at this point as the CDD is no longer leasing unnecessary equipment. At least one and maybe two of the metered boxes must be replaced. An RFQ will probably not be needed, as the cost will be under the threshold.

Mrs. McFarland agreed that it was important to determine what the community as a whole would be comfortable with regarding lighting.

Mr. Urbancic will provide his legal opinion in writing about the street lighting, and indicated  that the question in an accident lawsuit would be whether the District breached a duty, in this case to provide sufficient lighting, and was that breach the proximate cause of the accident. As a CDD, Key Marco enjoys the benefits of Sovereign Immunity, so exposure in an accident would be $200,000 per incident and $300,000 per individual. The District’s insurance company also covers this type of event. The difficulty is that some people could find negligence in any situation.

Mr. Kerins noted that there is nothing in the state laws that he could find requiring street lights, nor is there any for the City of Marco.

After discussion, it was agreed that the lights would remain on at the bridge, the gatehouse and the “T”.  The community will be advised of the Board’s decision, and Mr. Urbancic will provide his written opinion to the Board.

Reflective paint can be put on the roadways as well, and a light will be put on the Key Marco sign at the front.

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Landscape Maintenance

Landscape Florida, the company that Mrs. Maline and Mrs. Kerins are leaning towards, does everything but liquid fertilizing, but they do biological fertilizing. This covers everything except fire ants and whitefly. They have a five personfive-person crew, and come in every other week.
Duvall was
too expensive, and Crawford was too expensive as well.

The area of San Marco as noted on the Landscape Florida bid will be checked to see who has responsibility for that section, and after discussion it was agreed that two separate contracts can be written for the CDD and the HOA’s properties, and this will be presented at the April meeting.

Mrs. Grado suggested that they relook at dissolving the CDD, and a member of the public indicated that there are no public funds that are often referred to, as all the funds are the same. Mrs. McFarland suggested that a document could be prepared to be signed by Mrs. Maline as the District Manager that no public funds are being spent on private entities.

Mr. Urbancic noted that an agreement could also be put in place between the HOA and the CDD where the HOA agrees to maintain everything, as they have fewer restrictions on their funds.

The reverse cannot be done. This suggestion will be discussed further.
Mrs. McFarland reminded those present that there should be no more issues that anyone has approval to seek the opinion of Board counsel regarding the CDD other than supervisors. Mr. Urbancic was not aware of any other issues.

New Construction CDD/ARC Requirements

It has been suggested that a policy should be set that nothing should be put on the 30 feet belonging to the CDD in front of homes, but rather items such as building material and porta- potties should be kept on the homeowner’s property.

Mr. Urbancic suggested that they coordinate this with the ARC and ask them to put in a line item to this effect in their rules. It was agreed that this would be done, and on a MOTION by Mrs. McFarland and a second by ***, Mrs. Aitkenhead the Board agreed that they would contact the ARC and ask that this item be put on the ARC list of rules.

Mrs. McFarland reminded the residents that any small signs, such as address signs, be kept off the CDD property as well.

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and F. Ground Lease Agreement Termination/New Agreement

Mr. Urbancic and Mrs. McFarland went through the new agreement the previous day. Mr. Urbancic summarized it, giving the background on this agreement and that the CDD the option of an easement over a portion of the HOA property to get to their pond and pumping equipment, as well as an easement with respect to the use of the Community Center facility. Mr. Urbancic felt that it was a workable agreement, with a few clarifications as to what the easement area would be.  It will also have to be determined whether this new agreement would be perpetual or for a term of years.

(Mr. Krutisch’s comments were not able to be heard.)

The CDD will do the maintenance landscaping at the Center building. Mulching is not included. The different tracts were shown on the map, and the areas that the CDD would maintain were delineated as far as mowing only, and the areas that will be planted. (Overtalk)

Mr. Urbancic felt that there waswere no legal issues with this decision, but suggested that the definition of terms on the property be cleaned up, and he will make the agreement effective as of March 31st.
The document will be provided to all the Board members, who will review it. At the same time Mr. Urbancic will make the minor changes and those will be provided to the Board members as well.

SPECIFIC ITEMS OF NEW BUSINESS
Temporary Speed Bumps This item was deferred to April.

Photography for Interior of Gatehouse
Mrs. Maline ordered some large, canvas copies of student photographers’ pictures, and they will be installed within a short period of time. The cost was $609.00.

Gatehouse Post Orders
Mrs. Maline asked that the Board members go through the post orders and suggest any changes to her so it can be finalized to be reviewed at the April meeting.

DISTRICT COUNSEL

Lease Employees

Mrs. Maline presently does not fall under any of the District’s insurance policies, as per the District’s insurance agent. Mrs. Maline is covered under the HOA policy for $50,000 per occurrence. Mrs. McFarland suggested that they split the two bank accounts into $500,000 each, but Mrs. Maline would still not be covered.

Mr. Urbancic suggested that they challenge the insurance company, as Mr. Maline is a member of the Board as secretary. (Overtalk)  Otherwise, the HOA will have to increase their coverage for her. Conversely, Mrs. Maline could be removed as a signatory and after discussion, it was agreed that this would be done.

Mrs. McFarland briefly described the process by which invoices are paid by Inframark after it has been approved by their account manager, Mrs. Maline and Mrs. McFarland.

The signatories on the two accounts will be changed to Mrs. McFarland on both, and Mrs. Aitkenhead on one and Mrs. Schewitz on the other.

JANUARY FINANCIALS STATEMENT

The “Other Miscellaneous Revenue” line item has not yet been removed, and in February it will be noted under Electric as a credit.

Mrs. Maline expressed concern about the irrigation costs, and agreed with Mr. Krutisch that another well is needed.

Mrs. McFarland noted that the total expenditures line item, year-to-date actual, through January 31 was $250,000, and the year-to-date budget is $236,000, so they are over budget by
$14.000. $10,000 of that is water usage.

Annual Financial Audit

Two comments were noted by the auditor; one being approving expenses without proof of payment, and a credit card will be issued to Mrs. Maline for CDD purchases only, such as office supplies.

Mrs. Maline will take care of getting an American Express corporate card for this use.

Secondly, a system needs to be put in place for Inframark to confirm reimbursements paid for the CDD. All invoices will go through Inframark for the CDD, and those that are split should be sent to Mr. McFarland with proof of payment for the last 12 months. This will be implemented going forward.

On a MOTION by Corrie Grado and a second by Luanne Kerins, the Annual Financial Audit for the 2017-2018 Fiscal Year was unanimously accepted by the Board.

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Square Update

This item will be addressed at the April meeting. DISTRICT MANAGER REPORT
FEMA Update
All eight projects have been obligated, and a figure of $176,707.32 is expected in grant money. Some funding has already been received for a total of $116,680.00 as of February. There was a discrepancy in the financials as to what has been received, and Mrs. Maline will check on that.

Statewide Mutual Aid Agreement
This agreement has been executed and is on file. SUPERVISORS REQUESTS AND COMMENTS
Three Way Stop Sign at Whiskey Creek
This was a recommendation by Pierre Narath who has seen a possible danger at this intersection, and this way people will have to come to a stop. After discussion, it was agreed that Mrs. Maline will bring a suggestion for a sign to the Board at the April meeting. Any suggestions were asked to be sent to Mrs. Maline.

Ratify Special Events
Mrs. Maline received requests for the following two events, and made the decision to allow them to take place. They were the Tour de Marco on February 24, and the Marco Half Marathon on March 17. Both of them took place before today’s meeting.

Special Events Policy
It was agreed that a policy needed to be put in place to deal with these event requests. It was suggested that two events a year be allowed, and on a MOTION by Mrs. Schewitz and a second by Corrie Grado, the two eventtwo-event limit per year was unanimously approved by the Board. Mr. Urbancic will bring a Resolution to the Board at the April meeting for signature to modify
Resolution 2013-1 on this issue.

Mrs. Maline added for the Board that there were no complaints at the first event in February, and they left the area spotless. The second event the previous week had a complaint from one person with many different items, and they have already been addressed with the organizer, one of them being the loudspeakers at the gate early in the morning. A letter of provisional acceptance will be sent to them next year.

On a MOTION by Mrs. Schewitz and a second by *** Corrie Grado the Board unanimously approved the release of the deposits on both of these events.

$9,000 Mulching Bill
Only supervisors are allowed to spend money on Key Marco, but Mrs. Maline has the ability to approve by Resolution anything under $5,000. Mrs. Maline clarified that this item was approved in the budget, and asked if it still had to be brought back to the Board for approval again. Mrs. McFarland noted that a budget is a system to determine the annual assessment, but does not give approval for spending money.

All three parts of the Resolution on this issue must be met, and in this case, it would have to be a line item in the budget for $5,000 or less that Mrs. Maline could approve.

On a MOTION by Mrs. McFarland and a second by Mrs. *** the Board unanimously approved the payment of the $9,000. It was reiterated that the Resolution will be followed in the future.

AUDIENCE QUESTIONS AND COMMENTS

In response to Mr. Krutisch’s question about some work needed on the streets, at the April meeting four infrastructure items and costs will be discussed.

Mr. Urbancic advised that the preliminary budget needed to be adopted by June first. The budget hearing for adoption will be in July, so the preliminary budget will be prepared for the April meeting and a resolution accepting it will be passed at that time.

FOLLOW UP LIST
This item will become a part of the minutes going forward.
Mrs. Maline and Mrs. Grado will work together to find alternatives to C3 for the container plantings at the gatehouse and will present their findings at the April meeting.
Master Gardener follow up.
Gatehouse Roof Status
Gatehouse arms and control boxes
Update on street lighting.
Separate Landscaping Contracts for CDD and HOA
Voting on new Lease Agreement with HOA
Suggestions for Street sign at Whiskey Creek.
Resolution prepared by Mr. Urbancic regarding twice a year limit on events at Key Marco.

ADJOURNMENT
With the agreement that the next meeting would be held on April 17th at 8:30 a.m., the meeting was adjourned at 10:50 a.m. On a MOTION by Mrs. *** and a second by Mrs. McFarland.

Simmonds Electrical of Naples, Inc.
8981 Quality Rd Unit 1	Ph: (239) 643-2770
Bonita Springs, FL 34135-7278	STREET LIGHTING • UTILITIES • GENERATORS	Fax: (239) 643-6873
INDUSTRIAL AND COMMERCIAL
Estimate and Contract
Key Marco Community Development District	March 25, 2019
505 Whiskey Creek Drive	Quote#: 1815538R
Marco Island, FL 34145 Ph: (239) 394-4346
Attn: Ms. Katie Maline
We hereby submit specifications and estimates for: Key Marco Street Light Electrical for existing Poles.

Service 1: Furnish & Install electrical as outlined in E-1, E2 and E3 of REDI drawings. $79,907.00 Service 2: Upgrade Existing electrical service per REDI drawings.	$5,550.00 Service 3: Furnish & Install electrical as outlined in E-1, E2 and E3 of REDI drawings. $86,191.00 Service 4: Furnish & Install electrical as outlined in E-1, E2 and E3 of REDI drawings. $84,502.00 Service 5: Furnish & Install electrical as outlined in E-1, E2 and E3 of REDI drawings. $84,502.00 Service 6: Furnish & Install electrical as outlined in E-1, E2 and E3 of REDI drawings. $52,742.00

Total Material and Labor $393,394.00

Landscape restoration not included.
We hereby propose to furnish the above complete in accordance with the above specifications for the sum of
Three hundred ninety three thousand three hundred ninety four and no/100th Dollars.

Payment to be made as follows:	In Full Upon Request

It is the responsibility of the purchaser/owner to provide adequate access to the job site. If during the course of the job it becomes necessary to traverse sidewalks, driveways, grass or sod, flowerbeds, sprinklers, etc. Every effort will be made to avoid any damage. Should breaks occur as a direct result of our machinery, repairs may be made at additional cost to the owner.

All material used in this contract is guaranteed to be as specified, and the entire job is to be done in a neat and substantial manner. Any alteration or deviation from the specifications herein agreed upon involving extra cost of labor and material will be executed upon either a written or verbal order for same, and will become an extra charge over the sum mentioned in this contract. Purchaser agrees to pay interest charges of 1 1/2% per month which is an annual rate of 18%. In the event payment is not made, purchaser agrees to pay all costs and expenses of collection including interest and attorney's fees. Estimate valid for 30 days.
Signed by  	
===================================================================================
ACCEPTANCE OF ESTIMATE

The foregoing terms, specifications and conditions are satisfactory, and the same are hereby accepted and agreed to, and 	hereby authorize you to execute the same.

Date 		Signed by 	

LANDSCAPE FLORIDA GROUNDS MAINTENANCE AGREEMENT

This agreement as dated is between	Paid monthly to Landscape Florida:
“Landscape Florida” and “Key Marco CDD”	$8,428.25 Per Month

Thereafter referred to as “Client.”	CDD - Whiskey Creek & Blue Hill Drive

This agreement shall be for the	The billing address is as follows:
Key Marco CDD	Key Marco CDD
Whiskey Creek Drive	C/O Katie Maline
Marco Island, FL 34145	505 Whiskey Creek Drive
Marco Island, FL 34145

#1190025

Contact: Eric Evans	Contact Person: Katie Maline
Phone #: (239) 643-6124	Phone #: (239) 394-4346
Fax #: (239) 643-6413	Mobile #: (239) 784-5110
Email: EricE@LandscapeFlorida.com	Email: katie@managerkeymarcohoa.org ClientRequest@LandscapeFlorida.com

This Agreement shall run for a period of  one (1) year,  two (2) years,  other. This Agreement shall commence on May 1, 2019 and shall expire on April 30, 2021 in accordance with the terms and conditions of this Agreement and any written addenda.

PERFORMANCE DESCRIPTIONS & CONTRACT SERVICES PROVIDED BY LANDSCAPE FLORIDA:

PLANT MATERIAL CARE: All plant material will be maintained in accordance with  Landscape Florida’s standards set forth below.  Any  deviation from Landscape Florida standards for trimming, pruning, and the cutting or treatment of turf must be agreed in writing between the Client and Landscape Florida. Services are not provided to internal courtyards, lanais or for potted plant materials unless specifically included in the agreement.

MOWING: Landscape Florida will mow turf to maintain a proper height of 3 ½ to 4 ½ inches, dependent on seasonal conditions. During the  summer, growing season of April thru September, the turf will generally be cut every week. During the spring and fall months of October and  March, the turf will be cut generally three (3) times per month. During the winter months of November thru February, the turf will be cut twice a month. The above listed frequencies serve as a general guideline. Mowing activities are performed “as needed” and as horticulturally appropriate. Landscape Florida will use a sharpened mower blade at all times to insure a clean and even cut, with turf height maintained at a height between 3 ½ to 4 ½ inches at all times.

EDGING & BLOWING (Sidewalks, roadways, etc.): Landscape Florida will perform edging at every visit, using conventional edging equipment. Soft edging (tree wells, shrubbery beds, etc.) will be performed with every other mowing using mechanical edgers. Hard surfaces will be blown off  at each visit and following pruning activities.

PRUNING & SHEARING: Landscape Florida will use its best efforts to maintain uniform plant appearances, use proper horticultural practices for all ornamental shrubs, and maintain existing ground covers. Flowering ornamentals such as Ixora, Plumbago, Hibiscus will be pruned as needed in effort to allow the plant material to flower properly. Ornamental plantings such as Ficus, Coco plum, Podocarpus and Eugenia will be mechanically sheared. Landscape Florida will trim the various types of ornamental plantings throughout the year at the time that best promotes correct  horticultural growth and helps maintain a neat and natural appearance while promoting a healthy plant.

TREE CARE: Landscape Florida will lift trees (up to 14 feet) on an “as needed” basis throughout the year, with regular monitoring between heights of 7 feet to 14 feet for dead limbs and sucker growth. Tree care will conform to applicable county codes. "Structural pruning" as performed a by Certified Arborist is not included in this proposal but can be provided upon request. Citrus tree varieties are not covered under this provision. Annual native cleaning not included but available for additional fee.

PALM TRIMMING: Landscape Florida will remove dead and dying fronds and seedpods up to reachable heights (14 feet) from the ground with  pole trimmer. Palm trimming will conform to applicable county codes.  Landscape Florida will provide a palm trimming proposal above 14 feet as  an extra service.

WEED CONTROL BEDS & HARDSCAPES: Landscape Florida will perform weed  control  regularly throughout the term of this  Agreement, using its best efforts to maintain the beds substantially weed-free at all times, provided there is a sufficient amount of ground cover base (mulch, pine straw, etc.) at a depth of 1 ½ to 2 inches. Substantially weed-free beds are not guaranteed if parties other than Landscape Florida install ground cover. The four methods of weed control Landscape Florida will use in planting beds are proper mulching, the application of pre and post emergent herbicide, and manual removal.
WEED CONTROL LAWN: Landscape Florida will use its best efforts to maintain lawns substantially weed-free at all times. It is understood
1

M2-10-10-09

and agreed that certain weedy grasses such as crabgrass, Bermuda grass and carpet grass are not 100% chemically controllable. Landscape Florida agrees to treat such grasses chemically to the extent allowed by environmental laws but does not guarantee the elimination of these weeds. It is also agreed that certain infestations of undesirable grasses may require replacement of sod to repair the affected area(s) as an additional service. Landscape Florida will not be responsible for excessive weed growth if the irrigation system is managed, maintained, adjusted, or tampered with by others.

IRRIGATION: Landscape Florida will perform a monthly inspection of the entire irrigation system to ensure that proper coverage is being supplied by the system. Landscape Florida will perform all routine maintenance, including cleaning of screens/heads, adjustments,  etc.  Any damages resulting from maintenance operations by Landscape Florida will be repaired at no additional cost. Repairs to valves, filters, spray heads, rotors or other components (line breaks and wire tracking not included) completed at the time of the monthly inspection, will be billed only for parts and not for additional labor. Repairs other than those made during routine scheduled irrigation system maintenance visits will be billed at ($55)  per man- hour plus parts and any required components. After Hours Emergency Calls Billed at ($82.50) per hour with a 3-hour minimum. Our irrigation services do not include the inspection or maintenance of the water supply, well or pump station. Should Landscape Florida have to wait more than 48 hours for approval of irrigation system repairs, Landscape Florida will not be responsible for the replacement of any turf or plant materials. If the irrigation system is operated by others, Landscape Florida is not responsible for losses to landscape materials. Landscape Florida is not responsible for utility bills associated with irrigation system failures and repairs.

FERTILIZING: Landscape Florida will utilize different types of complete fertilizer through its researched special formulas. Turf will be fertilized four (4) times annually with ornamentals (unless specified otherwise in this Agreement), trees and palms fertilized three (3) times annually (unless specified otherwise in this Agreement). Landscape Florida reserves the right to change any formula of fertilizer due to weather, soil conditions, or specific plant requirements. In a county or municipality with an adopted fertilizer ordinance, the local ordinance shall prevail and serve as a guide to nutrient selection, applications and timing or frequency.

INSECT CONTROL: Landscape Florida will perform insect control services on an “as needed” basis to reduce insect infestations in ornamental plantings and turf areas. Landscape Florida will not provide a blanket spray program; rather it will treat affected turf and shrubs to keep insects to a manageable state, which can help reduce the harm to turf and ornamentals. Landscape Florida cannot guarantee the control of all harmful insects due to the possible existence of chemically resistant strains and environmental restrictions governing the use of pesticides. If additional spraying or changes in treatment are required to control any infestation, the Client will be notified and charged per application. Preventative treatments for pests such as spiraling or ficus whitefly are provided for an additional fee.

SEASONAL SERVICES: Annual Bedding plants, bed solarization, mulch, and tree trimming above 14 feet & arbor care are additional services and are available from Landscape Florida at an additional cost. However, Landscape Florida will maintain bedding plants furnished and installed by Landscape Florida.

INSPECTIONS: Landscape Florida staff will conduct regular visits to review the health and tidiness of the landscape. A walk-through between Landscape Florida and a designated contact with the contracted client can be arranged upon request. The designated contact(s) are: Katie Maline of Key Marco CDD and Landscape Florida’s Contact will be Eric Evans and Landscape Florida’s Client Request System.

SITE CONDITIONS: This Agreement is valid solely for plant material and irrigation systems existing at the time of this Agreement. If additional plant material or irrigation systems are added to those in existence at the time of Execution of this Agreement, Landscape Florida reserves the right to amend this agreement and increase the monthly billing amount to reflect the additional cost of services performed. Landscape Florida does not provide services to private lanai or screened in locations. Landscape Florida does not provide reimbursements for expenditures made without our approval. Any damages to property (lighting, screen cages, etc) must be reported for review and any reimbursements must expressly pre-approved by Landscape Florida.

FUEL SURCHARGE: In the event Landscape Florida’s price for mid-octane gasoline shall exceed $4.00 gallon, a fuel surcharge of one percent  (1%) will be added to the monthly service and will remain in place until the price of mid-octane gasoline falls below $4.00 per gallon.

STORM DAMAGE: In the event of storm or hurricane damage, Landscape Florida will provide landscape clean-up and horticulture correctional services as an additional service.

WARRANTY: Landscape Florida will replace, at no additional cost, any plant material or turf grass that succumbs due to negligence on Landscape Florida’s part during the term of this Agreement. Plants that succumb from old age or causes other than Landscape Florida’s negligence are not covered under Landscape Florida’s Warranty. Landscape Florida will not be responsible for any turf, ornamentals or trees that die if Landscape Florida is not in exclusive control of the irrigation system. Landscape Florida is not responsible for any power surges that may affect, in part or in total, the irrigation system. Landscape Florida is not responsible for damages done by other individuals, owners, employees or any contractor hired by the client, etc. Landscape Florida is not responsible for damages or delays due to Acts of God such as hurricane, wind, storm, lightening, rain, frost, freeze, etc. (precautions to prevent frost damage such as the covering of annuals can be done by Landscape Florida as an additional service). Landscape Florida neither makes nor implies any warranty as to the performance of any of the products to be used on lawn areas, shrubs or trees. Should Landscape Florida's monthly landscape management contract be terminated all warranties on materials provided and installed by Landscape Florida are considered null and void.
2

218261.4 10/21/20059

CONTRACTOR’S PERSONNEL: All Landscape Florida personnel shall be considered to be at all times the sole employees of the Landscape Florida, under our sole control and direction and not an employee of the Client. Landscape Florida shall provide competent personnel trained in the care and maintenance of horticultural materials. Landscape Florida shall provide an Account Manager to oversee and direct our on-site foremen and their crew and activities. Staffing levels, frequencies, seasonal adjustments and scheduling is at the sole discretion of Landscape Florida and will fluctuate throughout the year. All Landscape Florida personnel will be uniformed, clearly identifying them as a member of our staff and will be as clean and neat as working conditions permit. All employees of Landscape Florida will be compliant, at all times, with all applicable State and Federal laws and Landscape Florida hereby holds Client harmless against any claim resulting from any non-compliance or violation. Contract is not based on assigned crew sizes and staffing levels and scheduling of services are provided at the sole discretion of Landscape Florida and may fluctuate seasonally and based on activities performed. Service interruptions caused by conditions outside of Landscape Florida's control (rain, lightening, property access, etc) may impact scheduled visits and missed time is not guaranteed to be replaced.

INDEMNIFICATION: Landscape Florida will only indemnify Client for any damages, claims, or causes of action arising from gross negligence or willful misconduct on the part of Landscape Florida, its employees, sub-contractors or agents.

STANDARDS: The parties agree that Landscape Florida will have complete discretion as to all horticultural decisions. Maintenance standards vary by plant material, season, climate zone & application. Landscape Florida’s Standards are based on the services, management activities, products and frequencies indicated in this contract form and the attached Schedule of Services.

PAYMENT TERMS: Monthly invoices will be rendered on the first of each month and are due within 30  days of the invoice date.  A finance charge, to the maximum extent allowed by Florida law, will be applied to invoices not paid within 15 days of the due date. If payments are not made within 15 days of the invoice due date, Landscape Florida reserves the right to terminate this Agreement, without notice, and it is agreed that any agreement for services or product and associated limited guarantees for such, will be null and void. Any agreed upon waiver of a time limit in the payment terms on any invoice shall not equate to a waiver of payment terms for any other current or future invoice.

INSURANCE: Landscape Florida will maintain throughout the term of this Agreement general liability insurance, broad form contractual liability insurance, and Workers Compensation insurance to meet statutory requirements. Landscape Florida shall provide no less than $1,000,000.00 combined limit insurance coverage. At the Client’s request, Landscape Florida will furnish a Certificate of Insurance describing all insurance coverage in effect.

TERMINATION: This Agreement may be terminated for cause (reasonable documented dissatisfaction with performance) with a 60-day written notice, delivered registered mail return receipt by either party. If the Agreement is terminated before the full contract term, any invoices owed to Landscape Florida at the time of termination will become immediately due and payable (Late Fees and Finance Charges may apply.) Both parties agree to meet 60 days prior to this agreement’s natural expiration to negotiate renewal and possible increases in contract value.

DISPUTES: Any controversy or claim arising out of or relating to this Agreement, or breach thereof, shall be adjudicated in Collier County, Florida courts and in accordance with Florida law. The prevailing party shall be entitled to recovery of their entire amount of attorney's fees and costs.

GENERAL: This Agreement is based only on the execution of services as defined in this Agreement. Services other than those defined in this document are additional services not included in this Agreement. Additional services are to be ordered and agreed to separately. Additional services will be billed in addition to the monthly contracted amount. Care of specialty plant materials (citrus, edible plants, orchids, roses, etc) are not included.

ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties, and no representation or other commitment, whether oral or in writing, not included herein shall constitute a part of this Agreement.

AMENDMENT: This Agreement may be amended only by an agreement in writing executed by both parties.

SEVERABILITY: In the event that any provision of this Agreement should be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other provision hereof.

This proposal, #1190025 created 4/1/19 may be withdrawn if not accepted with 30 days.

Authorized Signature		Date	
Landscape Florida	Date	
Print Name/Title			Print Name/Title
3	
M2-10-10-09				

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JOHNSON ENGINEERING, INC.
2350 STANFORD COURT
NAPLES, FLORIDA 34112
PHONE: (239) 434-0333
FAX: (239) 334-3661
E.B. #642 & L.B. #642

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HORR'S ISLAND A.K.A. KEY MARCO
(PLAT BOOK 21, PAGE 5)

SECTIONS 14, 15, 21, 22, 23, 27 & 28, TOWNSHIP 52 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA

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01-09-17

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PROJECT NO. 20170003-000

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JOHNSON ENGINEERING, INC.
2350 STANFORD COURT
NAPLES, FLORIDA 34112
PHONE: (239) 434-0333
FAX: (239) 334-3661
E.B. #642 & L.B. #642

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HORR'S ISLAND A.K.A. KEY MARCO
(PLAT BOOK 21, PAGE 5)

SECTIONS 14, 15, 21, 22, 23, 27 & 28, TOWNSHIP 52 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA

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PROJECT NO. 20170003-000

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LANDSCAPE MAINTENANCE AGREEMENT
THIS LANDSCAPE MAINTENANCE AGREEMENT (this “Agreement”) is made and entered into  this 	day  of 	, 2019, by and between KEY MARCO COMMUNITY DEVELOPMENT DISTRICT, a local unit of special purpose government established pursuant to Chapter 190, Florida Statutes, being situated in the Collier County, Florida (the “District”) and  	
 	, a 	(the “Contractor”).

WITNESSETH:

WHEREAS, the District was established by ordinance of the Board of County Commissioners of Collier County, Florida, for the purpose of planning, financing, constructing, operating and/or maintaining certain public infrastructure improvements, including surface water management systems, roadways, landscaping, and other infrastructure within the Key Marco community; and

WHEREAS, included within the maintenance responsibilities of the District is the responsibility to maintain landscaping and an irrigation systems within its boundaries; and

WHEREAS, the District desires to employ the Contractor to provide landscape and irrigation maintenance services for lands within the District; and

WHEREAS, the Contractor, through its proposal and has represented that it can provide such services as required by the District; and

WHEREAS, the District desires to employ the Contractor as an independent contractor to provide the services described herein for the compensation and upon the terms, conditions and provisions hereinafter set forth.

NOW, THEREFORE, the parties agree as follows:

RECITALS. That the above recitals are true and correct and are incorporated herein.

DESCRIPTION OF WORK AND SERVICES.

The District desires that the Contractor provide professional landscape and irrigation maintenance services of the very highest quality. Following the execution of this Agreement by both parties, the Contractor shall provide the District with the specific services identified in this Agreement commencing as of 	, 2019 (“Commencement Date”).

While providing the services identified in this Agreement, the Contractor shall assign such staff as may be required, and such staff shall be responsible for coordinating, expediting, and controlling all aspects to assure completion of the services. All work to be performed within the scope of these specifications contained herein shall be strictly managed, executed, and performed by the Contractor using experienced personnel.

The Contractor shall provide the specific professional services as shown in Paragraph 3 of this Agreement.

SCOPE OF LANDSCAPE MAINTENANCE SERVICES. The weekly and monthly duties, obligations, and responsibilities of the Contractor are those described in the Scope of Services attached hereto as Exhibit “A” attached hereto and made a part hereof (the “Work”) and those other

obligations set forth herein. Contractor shall solely be responsible for the means, manner and methods by which its duties, obligations and responsibilities under this Agreement are met to the satisfaction of the District.

MANNER OF CONTRACTOR’S PERFORMANCE. The Contractor agrees, as an independent contractor, to undertake the Work and/or perform such services as specified in this Agreement (including any addendum or amendment subsequently executed by the parties or in any authorized written work order from the District issued in connection with this Agreement and accepted by the Contractor). All Work shall be performed in a neat and professional manner reasonably acceptable to the District and shall be in accordance with industry standards in Collier County, Florida. The performance of all services by the Contractor under this Agreement and related to this Agreement shall conform to any written instructions issued by the District.

Should any work and/or services be required which are not specified in this Agreement or any addenda, but which are nevertheless necessary or reasonably inferred for the proper provision of the Work to the District, such work or services shall be fully performed by the Contractor as if described and delineated in this Agreement.

The Contractor agrees that the District shall not be liable for the payment of any other work or services unless the District, through an authorized representative of the District, authorizes the Contractor, in writing, to perform such work.

The District shall designate in writing a person to act as the District’s representative with respect to the services to be performed under this Agreement. The District’s representative shall have complete authority to transmit instructions, receive information, interpret and define the District’s policies and decisions with respect to materials, equipment, elements, and systems pertinent to the Contractor’s services.

The District hereby designates the District Manager, or a representative of the District Manager, to act as its representative.

The Contractor agrees to meet with the District’s representative no less than 	(           ) time(s) per month, and at the request of the District, to walk  the property to discuss conditions, schedules, and items of concern regarding  this Agreement. At that time, the District will compile a list of landscape maintenance related items that should be performed before the next periodic walk through. Notwithstanding, the walkthroughs with the District contemplated by this subsection, Contractor remains responsible for making appropriate weekly inspections of the entire property subject to the Work.

The Contractor shall use all due care to protect the property of the District, its residents, and landowners from damage. The Contractor agrees to repair any damage resulting from the Contractor’s activities and work within twenty-four (24) hours of the damage occurring or receiving written notice, whichever is earlier.

If requested, a representative of the Contractor shall attend meetings of the District’s Board of Supervisors to report on landscaping matters.

The Contractor shall replace, at the Contractor’s expense, all plant material that, in the opinion of the District fails to maintain a healthy, vigorous condition because of the Contractor’s failure to properly perform the Work specified herein. It is the responsibility of the Contractor to make a reasonable effort to notify the District of any conditions beyond the reasonable control of the Contractor or

the scope of Work that may result in the damage and/or loss of plant material. This responsibility includes, but is not limited to vandalism and/or other abuse of property.

COMPENSATION; TERM.

September 30, 2019 (the “Term”), unless terminated prior to that time pursuant to the provisions set forth herein. Thereafter, this Agreement will be automatically extended for additional one (1) year periods pursuant to the terms hereof (hereinafter, “Annual Renewal Term”) unless otherwise terminated or either party provides written notice of non-renewal to the other no later than ninety (90) days prior to the expiration of the Term or Annual Renewal Term, as applicable. Each Annual Renewal Term shall be on the same terms and conditions as the immediately preceding Term or Annual Renewal Term, as applicable, unless

The term of this Agreement shall be from the Commencement Date through

A.

agreed upon in writing by the parties.

Commented [GU1]: I recommend tying to the fiscal year for budget purposes.

As compensation for the Work described in this Agreement, the District agrees to pay Contractor as follows:

LANGUAGE OPTION 1
 	Contractor shall be paid by the District in monthly installments for services under this Agreement. For the initial Term of this Agreement (the period beginning on the Commencement Date and ending on September 30, 2019), Contractor shall be paid in monthly installments of  	
 	and No/100 Dollars ($ 	.00). For the first Annual Renewal Term (the period beginning of October 1, 2019 and ending September 30, 2020), Contractor shall be paid by the District in monthly installment payments of 		and No/100 Dollars ($ 	
 	.00). Subsequent Annual Renewal Terms will be at the same monthly rate as the first Annual Renewal Term unless otherwise agreed in writing by the parties.

LANGUAGE OPTION 2 (MODIFY TO ADDRESS BID AS NECESSARY)

installments of 	Dollars ($ 	.00).

(1)	Work Area No. 2 (Whiskey Creek Drive). For the portion of the Work performed by

Contractor in Work Area No. 2 (as defined in the Scope of Services), Contractor shall be paid  	
 	Dollars ($ 	.00) per annum, payable by the District in monthly

(2)

Work Area No. 3 (Blue Hill Creek Drive). For the portion of the Work performed by

Contractor in Work Area No. 3 (as defined in the Scope of Services), Contractor shall be paid  	
 	Dollars ($ 		.00) per annum, payable by the District in monthly installments of 		Dollars ($ 	.00).

Commented [GU2]: We will need to tailor to the proposal and payment structure.

If the District should desire additional work or services, or to add additional lands to be maintained, the Contractor agrees to negotiate in good faith to undertake such additional work or services. Upon successful negotiations, the parties shall agree in writing to an amendment, addendum, addenda, or change order(s) to this Agreement. The Contractor shall be compensated for such agreed additional work or services based upon a payment amount acceptable to the parties and agreed to in writing. Notwithstanding the foregoing or anything contained herein to the contrary, the following servicesroutine removal of debris along and within all landscaped and irrigated areas shall be within the scope of Work and are included in the Contractor’s compensation set forth above: (i) prompt cleanup of debris within and adjacent to the landscaped and irrigated areas after a wind event or storm, including, without limitation, major thunderstorms, tornadoes, or hurricanes; and (ii) routine removal of debris along and within all landscaped and irrigated areas.

Additional services such as mulching, irrigation, sod laying, remedial landscape, and the planting of annuals (beyond those already defined as part of the Work), and cleanup of debris within and adjacent to the landscaped and irrigated areas after major wind events or storms, including, without limitation, major thunderstorms, tornadoes, or hurricanes, can be provided by the Contractor. However, no additional services shall be provided by the Contractor unless done at the direction of the District. Fees for such additional services shall be as provided for in the Scope of Services or, if not identified, as negotiated between the District and the Contractor.

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

The Contractor shall maintain records conforming to usual accounting practices. Further, the Contractor agrees to render monthly invoices to the District, in writing, which shall be delivered or mailed to the District by the fifth (5th) day of the next succeeding month. These monthly invoices are due and payable within forty-five (45thirty (30) days of receipt by the District. Each monthly invoice will include such supporting information as the District may reasonably require the Contractor to provide.

WARRANTIES. The Contractor warrants that Work performed and all goods delivered under this Agreement, shall be free from any defects in workmanship and material, and shall conform strictly to these specifications. The Contractor further warrants that all the Work shall he performed using Contractor’s best efforts and shall be in conformance with industry standards for workmanship. By executing this Agreement, the Contractor represents that it has examined carefully all of the contract documents, acquainted itself with the site, and all conditions relevant to the Work, and has made all evaluations and investigations necessary to a full understanding of any difficulties which may be encountered in performing the Work pursuant to the Agreement. The Contractor acknowledges that the Agreement documents are sufficient for the proper and complete execution of the Work.

SAFETY. The Contractor shall maintain an adequate safety program to ensure the safety of employees and any other individuals working under this Agreement. The Contractor shall comply with all applicable standards, rules, or regulations of the Occupational Safety and Health Administration (hereinafter “OSHA”) and all applicable laws, statutes, rules, regulations and orders. The Contractor shall take precautions at all times to protect any persons and property affected by the Contractor’s work under this Agreement, utilizing safety equipment such as bright vests, traffic cones, etc.

INSURANCE.

The Contractor or any subcontractor performing the work described in this Agreement shall maintain throughout the term of this Agreement the following insurance:

Workers’ Compensation coverage, in full compliance with Florida statutory requirements, for all employees of the Contractor who are to provide a service under this Contract, as required under applicable Florida Statutes AND Employer’s Liability with

limits of not less than $1,000,000.00 per employee per accident, $500,000.00 disease aggregate, and $100,000.00 per employee per disease.

Commercial General Liability “occurrence” coverage in the minimum amount of $1,000,000 combined single limit bodily injury and property damage each occurrence and $2,000,000 aggregate, including personal injury, broad form property damage, products/completed operations, broad form blanket contractual and $100,000 fire legal liability.

Automobile Liability Insurance for bodily injuries in limits of not less than
$1,000,000 combined single limit bodily injury and for property damage, providing coverage for any accident arising out of or resulting from the operation, maintenance, or use by the Contractor of any owned, non-owned, or hired automobiles, trailers, or other equipment required to be licensed. Said insurance shall also to include insured/underinsured motorists’ coverage in the minimum amount of $100,000 when there are owned vehicles.

The District, its staff, consultants, agents and supervisors shall be named as an additional insured on all policies required (excluding worker’s compensation). The Contractor shall furnish the District with the Certificate of Insurance evidencing compliance with this requirement. No certificate shall be acceptable to the District unless it provides that any change or termination within the policy periods of the insurance coverage, as certified, shall not be effective within thirty (30) days of prior written notice to the District. Insurance coverage shall be from a reputable insurance carrier acceptable to the District, who licensed to conduct business in the State of Florida, and such carrier shall have a Best’s Insurance Reports rating of at least A-VII.

If the Contractor fails to have secured and maintained the required insurance, the District has the right (without any obligation to do so, however), to secure such required insurance in which event, the Contractor shall pay the cost for that required insurance and shall furnish, upon demand, all information that may be required in connection with the District’s obtaining the required insurance.

INDEMNIFICATION/HOLD HARMLESS. The Contractor assumes liability for and shall indemnify, defend and save harmless the District as well as its supervisors, members, employees, officers, managers, agents, successors and assigns from any and all expenses, costs, claims, actions, damages, losses and liabilities of every kind (including, but not limited to, reasonable attorneys’ fees of their attorneys) irrespective of the theory upon which based (including, but not limited to, negligence and strict liability) arising out of the Contractor’s presence within Key Marco for any purpose (including, but not limited to, performing work under this Agreement) and arising out of the Work area and the condition, operation ownership, selection, transportation, loading, unloading, security, leasing or return of any equipment or individuals with respect to the above services regardless of where, how and by whom used or operated and including, without limitation, injury to property or person (including death). This Agreement also obligates the Contractor to indemnify and save harmless the District for any and all expenses, costs, claims, actions, damages, losses, and liabilities of every kind arising out of any of the Contractor’s or their subcontractors at the site. The Contractor understands and agrees that it is obligated and shall indemnify the District for damages and injury to persons and property caused in whole or in part by any act, omission, negligence or fault of the Contractor and its subcontractor, agents, employees, officers, directors, successors and assigns. The Contractor’s obligation to indemnify and defend the District is absolute, including instances where the District are found potentially liable, responsible or at fault and in those instances where the District’s own negligence or actions caused said damage or injury in part. Notwithstanding the above, the Contractor shall not be required to indemnify and defend the District for damages found by a Court to have been caused solely by the District gross negligence or the willful, wanton or intentional misconduct of the District or their employees, officers, directors, successors and assigns.

The Contractor hereby acknowledges that the first $100.00, paid under this contract as sufficient and valuable consideration from the District to the Contractor as specific consideration for this indemnification. It is understood and agreed that this Agreement is not a construction contract as that term is referenced in Section 725.06, Florida Statutes (and as later amended) and that said statutory provision does not govern, restrict or control this Agreement.

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

LIENS AND CLAIMS. The Contractor shall promptly and properly pay for all labor employed, materials purchased, and equipment hired by it to perform under this Agreement. The Contractor shall keep the District’s property free from any construction, materialmen’s or mechanic’s liens and claims or notices in respect to such liens and claims, which arise by reason of the Contractor’s performance under this Agreement, and the Contractor shall immediately discharge any such claim or lien. In the event that the Contractor does not pay or satisfy such claim or lien within three (3) business days after the filing of notice thereof, the District, in addition to any and all other remedies available under this Agreement, may terminate this Agreement to be effective immediately upon the giving of notice of termination.

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

CUSTOM AND USAGE. It is hereby agreed, any law, custom, or usage to the contrary notwithstanding, that the District shall have the right at all times to enforce the conditions and agreements contained in this Agreement in strict accordance with the terms of this Agreement, notwithstanding any conduct or custom on the part of the District in refraining from so doing; and further, that the failure of the District at any time or times to strictly enforce its rights under this Agreement shall not be construed as having created a custom in any way or manner contrary to the specific conditions and agreements of this Agreement, or as having in any way modified or waived the same.

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

TERMINATION. The District agrees that the Contractor may terminate this Agreement with or without cause by providing ninety (90) days written notice of termination to the District; provided, however, that the District shall be provided a reasonable opportunity to cure any breach under this Agreement by the District. District may, in its sole and absolute discretion, whether or not reasonable, on

thirty (30) days’ written notice to Contractor, terminate this Agreement at its convenience, with or without cause, and without prejudice to any other remedy it may have. Upon any termination of this Agreement, the Contractor shall be entitled to payment for all work and/or services rendered up until the effective termination of this Agreement, subject to whatever claims or off-sets the District may have against the Contractor.

PERMITS AND LICENSES. All permits or licenses necessary for the Contractor to perform under this Agreement shall be obtained and paid for by the Contractor.

ASSIGNMENT. Neither the District nor the Contractor may assign this Agreement without the prior written approval of the other.

INDEPENDENT CONTRACTOR STATUS. In all matters relating to this Agreement, the Contractor shall be acting as an independent contractor. This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that the Contractor is an independent contractor under this Agreement and not the District’s employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers’ Compensation Act, and the State unemployment insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out the Contractor’s activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of the Contractor, which policies of the Contractor shall not conflict with the District, or other government policies, rules or regulations relating to the use of the Contractor’s funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the District, that it has full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the District and the District will not be liable for any obligation incurred by the Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. The Contractor shall not incur expenses on behalf of the District, enter into any contract on behalf of the District, either written or oral, or in any other way attempt to obligate or bind the District except upon the express prior written approval of the District.

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

must be provided to the DISTRICT in a format that is compatible with Microsoft Word or Adobe PDF formats. Failure of CONTRACTOR to comply with Section 119.0701, Florida Statutes may subject CONTRACTOR to penalties under Section 119.10, Florida Statutes. Further, in the event CONTRACTOR fails to comply with this Section or Section 119.0701, Florida Statutes, DISTRICT shall be entitled to any and all remedies at law or in equity. The following statement is required to be included in this Agreement pursuant to Section 119.0701(2), Florida Statutes:

IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT KATIE MALINE C/O KEY MARCO COMMUNITY DEVELOPMENT DISTRICT, TELEPHONE: (239) 394-4336, EMAIL: KATIE@MANAGERKEYMARCOHOA.COM, AND MAILING ADDRESS: 505 WHISKEY CREEK DRIVE, MARCO ISLAND, FL 34145.
SEVERABILITY. In the event any term or provision of this Agreement be determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given the nearest legal meaning or be construed as deleted as such authority determines, and the remainder of this Agreement shall be construed to be in full force and effect.

EXHIBITS. All of the exhibits attached to this Agreement, if any, are incorporated in, and made a part of, this Agreement.

COMPLETE AGREEMENT. This Agreement (and any exhibits or proposals expressly incorporated herein) constitutes the entire and complete agreement between the parties hereto and supersedes all prior correspondence, discussions, agreements and understandings between the parties hereto relating to the matters herein contained.

MODIFICATIONS. This Agreement may not be amended or modified in any manner other than by an Agreement in writing signed by all of the parties hereto.

WAIVER. No waiver of any of the terms of this Agreement shall be valid, unless such is in writing and signed by the party against whom such waiver is asserted. In any event, no waiver shall operate or be constructed as a waiver of any future required action or of any subsequent breach.

CONSTRUCTION OF THIS AGREEMENT.

TITLES. The titles of paragraphs and sub-paragraphs are for reference purposes only, and shall not in any way limit the contents, application or effect thereof.

ORDER OF PARAGRAPHS. This Agreement shall be construed as a whole with no importance being placed upon the order of the paragraphs as they appear herein.

PRONOUNS. Pronouns used herein shall refer to every other and all genders and any word used herein shall refer to the singular or plural as required or appropriate to the context.

FLORIDA LAWS. This Agreement shall be construed, governed and interpreted in accordance with the laws of the State of Florida.

NEGOTIATION OF AGREEMENT. The parties hereto have participated fully in the negotiation and preparation hereof and accordingly, this Agreement shall not be more strictly construed against one or the other.

INTERPRET TO BIND AND TO DO JUSTICE. This Agreement shall be interpreted in a manner to uphold and enforce the binding effect of all provisions hereof and, at the same time, to do justice to all parties in the event of doubt or ambiguity as to any term, expression or meaning.

THIRD PARTY BENEFICIARIES. This Agreement is solely for the benefit of the District and the Contractor 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 company other than the District and the Contractor any right, remedy, or claim under or by reason of this Agreement or any of the provisions or conditions of this Agreement; and all of the provisions, representations, covenants, and conditions contained in this Agreement shall inure to the sole benefit of and shall be binding upon the District and the Contractor and their respective representatives, successors, and assigns.

NOTICES. All notices, demands, requests or other communications made pursuant to, under or by virtue of this Agreement must be in writing and either hand-delivered, delivered by next business day commercial courier (such as FedEx or UPS), or mailed through the Unites States Postal Service, to the party to which the notice, demand, request or communication is made, as follows:

IF TO DISTRICT:

Key Marco Community Development District c/o Katie Maline, District Manager
505 Whiskey Creek Drive Marco Island, Florida 34145

IF TO CONTRACTOR:

c/o  	

Such addresses may be changed by written notice given to the address noted above. Any notice, demand, request or other communication shall be deemed to be given upon actual receipt in the case of hand-delivery or delivery by overnight courier, or two (2) business days after depositing the same in a letter box or by other means placed within the possession of the United States Postal Service, properly addressed to the party in accordance with the foregoing and with the proper amount of postage affixed thereto.

COUNTERPARTS. This Agreement may be executed simultaneously in two (2) or more counterparts, each of which shall deemed to be original, but all or which together shall constitute one and the same instrument.

VENUE, PREVAILING PARTY ATTORNEY’S FEES AND COSTS. In the event of litigation arising out of either party’s obligations under this Agreement, venue shall lie in Collier County, Florida and the prevailing party shall be entitled to recover its attorney’s fees and costs from the non- prevailing party, including but not limited to trial level fees, bankruptcy fees and appellate fees.

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IN WITNESS WHEREOF, the parties have executed this Agreement as of the as of the date first written above.

DISTRICT:

KEY MARCO COMMUNITY
Attest:	DEVELOPMENT DISTRICT

By: 	

Katie Maline, Secretary	Maureen McFarland, Chair

Dated: 	

CONTRACTOR:

 	,
a  	

By: 	

Name: 	

Title: 	

Dated: 	

EXHIBIT “A”

SCOPE OF SERVICES

Post Orders	Post Duties

-1-

**1.0 Post Duties
Post Duties Key Marco	
Shift: 12 hrs   Monday – Friday:	0630 – 1830 hrs (6:30 AM – 6:30 PM)
Shift: 10 hrs   Saturday – Sunday:  0630 – 1630 hrs (6;30 AM – 4:30 PM)	
Time	Duties
Note this is a CDD
Remember we cannot deny access to any one obut we can gather information before giving access, (ie Photo ID)	
At Shift Start	Review Log Book, Power up system. Sign in on register sheet.
Review any ncident reports and Daily Activity Reports from prior shift.	
	The security officer is expected to be on their post at all times.
You will greet using the following: Good Morning or Good Afternoon, Welcome to Key Morco How may I help you.
Any one using the guest gate must show photo ID to gain entry. Onceverified in Cypress Access, Print pass and grant them entry. Tell them to have a nice day.
If a resident does not have a bar code they must also show ID to enter. Instruct them as to how they can obtain a bar code. If you know they are a resident then grant them access.
Only the Collier County Sheriff’s office, Florida Power and Light, United States Postal Service, UPS, Federal Express or any other commonly known package delivery service shall be granted access with no pass required.
Security Officer will provide all residents and visitors with Access and Passes
The officer on duty at this post shall comply with any other reasonable request from the client
Each officer on duty will be responsible for keeping the guard house neat, clean and presentable at all times.
Each officer assigned to this post shall, at all times, conduct themselves in a courteous and professional manner. Officers will not engage in lengthy conversations with the residents or their
guests.	

Post Orders	Post Duties

-2-

	Be Professional. Remember that a major part of the job here is to exercise good judgement. Our goal is to make the environment pleasant for residents and their guests. Our job is to elicit cooperation, not demand compliance.
Officers must park in the assigned spaces.
Update the Daily Activity Report each hour – Please record all activity during the hour. DO NOT write “all secure” or “all normal activity”
Check the exterior of the gate house and gates to ensure the entry ways are free of trash and debris.
Obtain ID from all bicycles and instruct to ride single file. Instruct all bicycles and instruct to ride single file.
Instruct all historical visitors to remain on the main road and to remain in their cars at all times.
Always issue a “do not park in the grass flyer”
We will attempt to alert the resident of FED/EX, UPS or Laser Ship is going to the resident
If Bikers arrive after 730 we kindly explain they cannot enter Key
Marco because the guard house shuts down and safety becomes a concern when it gets dark.	
End of shift / securing post	Ensure office is clean and remove personal items
Update pass down log if needed
Lock gate house if at the end of the shift.	

PREPARED BY AND RETURN TO:
Jonathan Steszewski, Esq.
Goede, Adamczyk, DeBoest & Cross, PLLC 6609 Willow Park Drive, Second Floor Naples, Florida 34109

NON EXCLUSIVE EASEMENT AND OPERATING AGREEMENT

THIS NON EXCLUSIVE EASEMENT AND OPERATING AGREEMENT (this “Agreement”)
is  made  as  of  this         day of 	, 2019, by and between KEY MARCO COMMUNITY ASSOCIATION, INC., a Florida not-for-profit corporation (the “Association”) and KEY MARCO COMMUNITY DEVELOPMENT DISTRICT, a community development district established and existing pursuant to Chapter 190, Florida Statutes (the “District”). The Association and the District as sometimes individually referred to herein as “party” and collectively as the “parties.”

RECITALS

WHEREAS, the Association is a community association incorporated under Chapters 617 and 720, Florida Statutes as an organization which owns and operates certain community infrastructure and amenity facilities located within the Key Marco community. The membership of the Association are comprised solely of property owners within the District and all of the Key Marco property owners are members of the Association pursuant to the Declaration of Protective Covenants, Restrictions and Easements for Key Marco, recorded in Official Records Book 1570, Page 1747, of the Public Records of Collier County, Florida, as amended and supplemented from time to time; and

WHEREAS, the District is a community development district formed pursuant to Chapter 190, Florida Statutes that has the authority to exercise powers to finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain systems and facilities for roads, water management, water supply, sewer, and street lights, among other powers, including all powers necessary, convenient, incidental or proper in connection with any of the powers, duties, or purposes authorized by Chapter 190, Florida Statutes; and

WHEREAS, the Association is the lawful owner in fee simple and is in possession of that certain real property lying and situated in the Collier County, Florida, as more particularly described in Exhibit “A” which is attached hereto and hereby incorporated herein (the “Property”); and

WHEREAS, the District has constructed, established, and continues to maintain certain utility improvements located within, underneath and on the Property (the “Improvements”) and is the lawful owner of the Improvements, and desires to continue to maintain, repair, and replace the Improvements as the District may deem necessary from time to time, and the Association desires to authorize the District to do the foregoing, pursuant to the terms of this Agreement; and

WHEREAS, the Association granted a license to the District pursuant to that certain unrecorded License Agreement dated on or about October 20, 2011 entered into by and between the Association and the District (the “License Agreement”) for the purpose of granting the District the right to utilize certain real and personal property owned by the Association, which License Agreement was previously terminated; and

WHEREAS, the Association has granted aan unrecorded ground lease to the District pursuant to that certain Ground Lease dated on or about December 28, 2015 entered into by and between the Association and the District (the “Ground Lease”); and

WHEREAS, the Association and the District desire to terminateconfirm the termination of the License Agreement and terminate the Ground Lease; and

WHEREAS, the Association has agreed to grant the District a non-exclusive easement to have access the Improvements, as well as the other rights authorized pursuant to the terms of this Agreement.

NOW, THEREFORE, in consideration of Ten and No/100 Dollars ($10.00), the mutual covenants and agreements hereinafter set forth, and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties intending to be legally bound hereby agree as follows:

Recitals. The foregoing recitals are true and correct and are adopted by the parties and are incorporated as part of this Agreement as if restated in full.

Termination of the License Agreement and the Ground Lease. The parties hereby confirm the prior termination of the License Agreement and agree to terminate the License Agreement and the Ground Lease, and such instrumentsinstrument shall be deemed null and void as of the Effective Date. The parties shall have no further obligations under the License Agreement and/or the Ground Lease.

Easement from Association to District. The Association hereby grants to the District a non-exclusive perpetual easement upon the Property in favor of the District for:

At the District’s sole cost and expense, (i) the installation, use, operation, maintenance, repair, replacement, relocation, and removal of the Improvements in appropriate areas of the Property in compliance with all applicable federal, state, county or municipal governmental and quasi- governmental laws, ordinances, and codes, and (ii) the installation use, operation, maintenance, repair, replacement, relocation, and removal of drainage systems and facilities, irrigation systems and facilities, wells, pumps, wellfield systems, water distribution facilities and water lines. The District shall comply with all applicable federal, state, county or municipal governmental and quasi-governmental laws, ordinances, and codes applicable to the Property and the construction, operation, maintenance, repair and use of the Property; and

The non-exclusive right and privilege to use that certain Community Center located of the Property, subject to the Association’s sole discretion of availability, located on Tract U, Horr’s Island a.k.a Key Marco, according to the plat thereof, as recorded in Plat Book 21, Pages 5 through 19, of the Public Records of Collier County, Florida (the “Community Center”), such use to be for the purpose of holding meetings of the District’s Board of Supervisors and/or committees. Because the Community Center will have multiple users in addition to the District and the District’s use of the Community Center is limited, the Association shall have overall maintenance responsibility for the Community Center. Notwithstanding same, the District shall keep the Community Center in good, clean condition following any use by the District; and

At the District’s sole cost and expense, to perform, or cause to be performed, the landscaping of the Property; provided, however, that such landscaping shall not include any capital replacement which shall remain the sole responsibility of the Association. The District shall comply

with all federal, state, county or municipal governmental and quasi-governmental laws, ordinances, and codes applicable to such landscape maintenance.
(c)	Performing its obligations pursuant to Section 17, below.

Reservation of Rights for Utility Service. The Association expressly reserves the right to grant non-exclusive easements over the Property to any other third-party at the Association’s sole discretion.; provided none materially interfere with the District’s use and operation of the Improvements.

Obligation of District. The District shall have the obligation to operate, maintain, repair, replace, relocate, and remove the Improvements in appropriate areas of the Property as necessary and maintain the landscaping of the Property.

Further Division of Association propertyProperty. Nothing herein shall prevent Association, its heirs, assigns, designees, and/or successors in title, from conveying portions of the Property from time to time and entering into easement and operating agreements with respect to those conveyed portions of the Property and any portions of the Property retained by Association, its heirs, assigns, designees, and/or successors in title.

Improvements and Approval of Plans. The Any modification to the existing Improvements, or any future Improvements, and any plans and specifications for the installation, construction, maintenance, repair and/or replacement of any and all facilities for water, sewer, electric, other utilities and surface water management relating to the Property shall always be in compliance with the requirements of appropriate governmental or quasi-governmental authorities and, to the extent that same may tie into or otherwise have an effect on any facilities located within or servicing the Property, said plans and specifications shall be subject to the prior written approval of the Association, which approval shall not be unreasonably withheld or delayed. Nothing contained herein shall be deemed to in any way make the Association responsible or liable for the adequacy or inadequacy of the existing Improvements, any future Improvements, and/or any such plans and specifications. The District, by execution of this Agreement, does hereby indemnify, release, relieve, and hold the Association, their agents and representatives harmless from and against any and all liability in connection with the adequacy or inadequacy of the existing Improvements, any future Improvements, and/or any such plans and/or specifications.

Alterations. The District shall not make any alterations nor construct or install any improvements to the Community Center without the prior written consent of the Association, which consent may be withheld in the Association’s sole and exclusive discretion. If the District desires to make any improvements, the District shall submit proposed plans to the Association prior to commencement of construction or installation. If the Association gives its consent to the construction or installation of improvements by the District, all such work shall be done in accordance with such requirements and upon such conditions as the Association, in its sole discretion, may impose. All such alternations, improvements, additions, and changes to the Community Center shall be subject to the foregoing and the following:

No change or alteration shall be undertaken until the District shall have procured at its sole cost and expense all necessary and required governmental permits and authorizations of the controlling governmental authorities.

All work done in connection with any change or alteration shall be performed in a workmanlike manner by licensed and bonded contractors and in compliance with all controlling laws, ordinances, orders, rules, regulations, statutes and other requirements of all controlling governmental agencies.

The Property and/or the Community Center shall not be subject to any lien arising out of any work, labor, services and materials supplied or claimed to have been supplied to the District, and the District hereby indemnifies and holds the Association harmless in connection with same.

To the fullest extent permitted by law, the District’s contractor (the “Contractor”) shall indemnify and hold harmless the Association from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of any work, including but not limited to, any subcontractors hired by the Contractor (“Subcontractor”), provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself), including loss of use resulting from therefrom, cause in whole or in part by negligent acts or omissions of the Contractor, the Subcontractor, anyone directly or indirectly employed by them or anyone whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. In claims against any person or entity indemnified under this Section by an employee of the Contractor, the Subcontractor and any Sub-subcontractors (“Sub-Subcontractors”), anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Section shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or the Subcontractors or Sub-contractors under Workers’ or Workmen’s Compensation Acts or other employee benefit acts.

Prior to the commencement of any work, the District shall provide to the Association the Contractor’s (and Subcontractors and Sub-subcontractors, as applicable) Public Liability Insurance with a combined single limit of not less than One Million and No/100 Dollars ($1,000,000.00) for injuries and damages to persons and property covering the Association, the Association’s agent and such other parties as the Association shall designate, as additional insureds and loss payee, on a primary and non-contributory basis, in a company approved by the Association, which policies shall be maintained at all times during the progress of the construction and until completion thereof, and shall provide that no termination, cancellation or modification of such policy shall be effective unless thirty (30) days prior written notice has been given to the Association.

Ownership of the Improvements. It is expressly understood and agreed that any Improvements of whatsoever nature at any time constructed, placed, or maintained by the District upon any part of the Property shall be and remain property of the District; provided, however, that any Improvementsimprovements in connection with the Community Center shall remain the property of the Association.

Utilities/Taxes. Throughout the term of this Agreement, the District shall pay directly to the appropriate utility company or public authority all service charges for water, electricity and sewer usage and for telephone, cable and other communication services and all other utility services use, rendered or supplied to the Property.in connection with the operation of the Improvements. The District shall also be required to satisfy any lien that attaches to the Property which results from the District’s failure to pay any such utilities, taxes, assessments or costs. The District shall also be responsible, at the District’s sole cost and expense, for the installation and construction on the Property of all utility lines necessary, in the District’s sole and absolute discretion, to provide services tofor the PropertyImprovements. The Association shall reasonably cooperate with the District in connection with the District’s efforts to obtain any utility services reasonably necessary for the District’s use of the PropertyImprovements. The Association shall be liable for the payment of all real estate taxes, special assessments, and any other taxes, levies, or impositions charged by an appropriate taxing authority with respect to the Property, if any.

Condemnation. In the event all or any part of the Property shall be taken or condemned for any public or quasi-public use or purpose, the Association may, at its option, terminate this Agreement

from the time title to or right to possession of the Property (or portion thereof) shall vest in or be taken for such public or quasi-public use or purpose. The District shall not be entitled to receive any portion of any award made or paid to the Association representing the property or interest of the Association taken or damaged and the District hereby expressly waives and relinquishes any right or claim to any portion of any such award regardless of whether any such award includes any value attributable to the District’s interest in the Property pursuant to the terms of this Agreement. However, the District shall have the right to claim and recover from the condemning authority, but not from the Association, such special and separate damages as may be recoverable by the District independent of and without diminution of the Association’s recovery.

Default by the District. The following events shall be deemed to be events of default by the District under this Agreement:

The District’s failure to comply with any term, provision or covenant of this Agreement which failure is not cured within thirty (30) days after written notice thereof to the District; provided, however, that if the failure is of such a nature that it cannot reasonably be cured within said thirty
(30) days period, the District shall not be deemed in default so long as the District commences curing such default within said thirty (30) day period and continues to diligently prosecute same to completion; or

The Property or any part thereof are taken upon execution or by other process of law directed against the District, or are taken upon or subjected to any attachment by any creditor of the District or claimant against the District, and such attachment is not discharged or bonded off within ninety
(90) days after its levy; or

The District shall file a voluntary petition in bankruptcy or a voluntary petition seeking reorganization, or to effect a plan or an arrangement with or for the benefit of the District’s creditors; or

The District shall apply for a consent to the appointment of a receiver, trustee or conservator for any portion of the District’s property, or such appointment shall be made without the District’s consent, and shall not be removed within ninety (90) days.

The Association’s Remedies for the District’s Default. Upon the occurrence of an event of default by the District which is not cured within the applicable cure period, the Association shall have the following remedies:

Terminate this Agreement by delivery of notice in writing to the District, which termination shall be effective immediately upon the District’s receipt of said notice, in accordance to the terms of this Agreement and applicable law.

Bring an action against the District in a court of competent jurisdiction to (i) collect compensatory damages arising from such default, (ii) enjoin said violation of this Agreement or sue for specific performance of the covenant breached, and/or (iii) collect such other damages a Court may deem appropriate; or

Pursue other remedies available to the Association at law or in equity or pursue any other remedy set forth in this Agreement.

The District’s Remedies for the Association’s Default. In the even the District believes that the Association is in default of any its obligations under this Agreement, the District shall provide written notice to the Association detailing the alleged defaults. The Association shall have thirty (30) days

form receipt of said written notice to cure said default; provided, however, that if the failure is of such a nature that it cannot reasonably be cured within said thirty (30) days period, the Association shall not be deemed in default so long as the Association commences curing such default within said thirty (30) day period and continues to diligently prosecute same to completion. In the event the Association fails to cure any alleged default under this Agreement, the District’s sole and exclusive remedy shall be to obtain an order of specific performance compelling the Association to comply with the terms and conditions of this Agreement.

Removal at Termination. At the termination of this Agreement, all equipment, supplies or other property of the District shall be removed by the District from the Property, at its sole cost and expense, and the Property and the Community Center shall be returned to the Association in good condition and repair, ordinary wear and tear excepted.

Prohibition of Improvements on Easement Areas. The Association will not build or maintain, or permit to be built or maintained, any structure on the Property unless such structure does not materially interfere with the rights herein granted. These restrictions shall not apply to light towers, appurtenant electrical equipment, signs relating to business conducted on the Property, traffic or directional signs, fences, gates or other similar structures which, at the time of the erection thereof, are usual in connection with the operation of parking lots or driveways, or any other similar uses, nor shall they prohibit the Association from commercially developing the Property provided that such developments do not impair the rights herein created.

Landscaping. TheIn exchange for the easement rights set forth in Section 3 herein, the District, at its sole cost and expense, hereby agrees to maintain the landscaping on the Property in a commercially reasonable manner in accordance with the terms of this Agreement and any and all federal, state, county or municipal governmental and quasi-governmental laws, ordinances, and codes applicable to the Property.; provided, however, that such landscaping shall not include any capital replacement which shall remain the sole responsibility of the Association.

Limitations. Nothing contained herein shall be deemed to be a dedication, conveyance or grant to the public in general, nor to any persons or entities except as expressly set forth herein. The Association shall have no obligation in connection with the installation, use, operation, maintenance, repair, replacement, relocation, and removal of the Improvements, except as expressly set forth herein.

Assignment. The District shall not assign, convey, sublet or transfer all or any portion of the District’s interest in this Agreement or the Property created hereby without the prior written consent of the Association, which consent may be withheld in the Association’s sole and absolute discretion. The Association may assign, sell, or otherwise transfer all or any portion of the Property in the Association’s sole and absolute discretion. In such event, any and all obligations and liabilities of the Association under this Agreement accruing after the assignment, transfer or sale shall be the sole responsibility of the third- party purchaser. In the event the Association shall assign, sell, convey or otherwise dispose of all or any portion of the Property, the Association shall be released from all liability and obligation under this Agreement, and such liabilities and obligations shall be binding solely on the third-party purchaser of the Property. In the event of such sale or transfer, the District agrees to attorn unto the new owner.

Mortgage by the Association; Non-Disturbance Agreement; Attornment. This Agreement and the District’s rights hereunder, are hereby made expressly subject and subordinate to any and all security agreements, mortgages, ground or underlying leases, or like instruments resulting from any financing or refinancing affecting the Property (or any portion thereof) which are currently in existence or which may hereafter be created by the Association, or its successors or assigns, including any and all

extensions and renewals, substitutions, modifications, and amendments and restatements thereof, and to any and all advances made or to be made under same, and this provision shall be self-operative without the execution of any further instruments. The District shall, within ten (10) days of request by the Association, execute any instrument or instruments which the Association may deem necessary or desirable to further evidence the foregoing subordination and/or superiority of this Agreement to any such mortgages, trust deeds, or ground leases. In the event of any foreclosure of any mortgage encumbering the Property, or deed-in-lieu thereof, or sale of the Property, the Association shall be released from all liability hereunder and the District shall attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as the successor to the Association under this Agreement.

Mechanics Liens. The District shall keep the Property and/or the Community Center and all parts thereof at all times free of mechanic's liens and any other lien for labor, services, supplies, equipment or material purchased or procured, directly or indirectly, by or for the District. The District further agrees that the District will promptly pay and satisfy all liens of contractors, subcontractors, mechanics, laborers, material men and other items of like character, and will indemnify the Association against all expenses, costs and charges, including bond premiums for release of liens and attorneys’ fees and costs reasonably incurred in and about the defense of any suit in discharging the Property and/or the Community Center, from any liens, judgments, or encumbrances caused or suffered by the District. In the event any such lien shall be made or filed, the District shall bond against or discharge the same within ten
(10) days after the same has been made or filed. The District shall not have any authority to create any liens for labor or material on the Association’s interest in the Property and/or the Community Center and all persons contracting with the District for the construction or removal of any facilities or other improvements on or about the Property and/or the Community Center, and all material men, contractors, mechanics and laborers are hereby charged with notice that they must look only to the District to secure the payment of any bill for work done or material furnished at the request or instruction of the District. In accordance with 713.10 Fla. Stat., the Association shall have the right to post on the Property and to file and/or record in the Public Records or court registry, as applicable, notices of non-responsibility and such other notices as the Association may reasonably deem proper for the protection of the Association’s interest in the Property and/or the Community Center. The District shall, before the commencement of any work which might result in any lien on the Property and/or the Community Center, give the Association reasonable written notice under the circumstances of its intention to commence said work.

Insurance. From and after the Effective Date, the District shall carry or cause to be carried the following insurance policies (which may, at the District’s option, be carried under a blanket policy): (i) commercial general liability insurance covering bodily injury, property damage and personal injury occurring on the Property, which policy shall insure against claims for bodily injury, property damage and personal injury occasioned by occurrences after the Effective Date relating to the Property, and (ii) Workers’ Compensation Insurance to the extent required by the laws of the State of Florida. The District shall from time to time, and upon the request of the Association, furnish to the Association a certificate of insurance evidencing the District’s compliance with the insurance coverage requirements of this Section. Each policy of insurance shall be with insurance companies authorized to do business in Florida and reasonably satisfactory to the Association. Each policy of insurance shall name the Association as an “Additional Insured” on a primary and non-contributory basis. Evidence of the District’s insurance in accordance with this Section that is effective as of the Effective Date is attached hereto as Exhibit “B.” In the event the District does not comply with the terms of this Section, same shall be deemed a material default under the terms of this Agreement.

Severability. If any provision of this Agreement shall be invalid or shall be determined to be void by any court of competent jurisdiction, then such provision or determination shall not affect any other provisions of this Agreement, all of which other provisions shall remain in full force and effect. It is the intention of the parties that if any provisions or this Agreement is capable of two constructions, one of

which would render the provision void and the other which would render the provision valid, then the provisions shall have the meaning which renders it valid.

Attorneys’ Fees. If any default occurs under this Agreement, the prevailing party shall be entitled to the recovery of all reasonable attorneys’ fees and costs incurred in connection therewith. The term “attorneys’ fees” as used in this Agreement shall include, but is not limited to, reasonable attorneys’ fees (including legal assistants and paralegal) incurred in any and all judicial, bankruptcy, reorganization, administrative or other proceedings, including appellate proceedings, whether such proceedings arise before or after entry of a final judgment as it relates to a default under this Agreement.

Remedies. Enforcement hereof shall be by action at law or in equity against any persons or entities violating or attempting to violate any covenants set forth herein, including but not limited to an action to restrain the violation or an action to recover damages.

Headings. The headings set forth herein are merely for convenience and shall not be deemed to in any way expand or limit the interpretation of the provisions of this Agreement.

Term. This Agreement shall continue to be in full force and effect until such time as the parties agree in writing to extend, modify, abridge or terminate the rights, interests and obligations herein created. [Do the parties want the term to be for a specified period of time? NOTE: If they want a specified time, need to add paragraph relating to early termination (paragraph 6 from License Agreement.]

28.27. Covenants of Further Assurances. From time to time, at the request of either of the parties, the other party shall, without further consideration, agree to execute and deliver any and all other instruments which may be required to effectuate the terms and conditions of this Agreement.

29.28. Covenants Running with the Land. The easements hereby granted, the restrictions hereby imposed, and the agreements herein contained shall be easements, restrictions and covenants running with the Property and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors and/or assigns, including, but without limitation, all subsequent owners of the Property and all persons claiming under them.

30.29. Release of Easements. The easements hereby granted shall not be released without the prior written approval of the parties.

31.30. Notice. All notices, demands, requests or other communications made pursuant to, under or by virtue of this Agreement must be in writing and either hand-delivered, delivered by overnight courier or express mail, or mailed via U.S. Mail, certified mail, return receipt requested, to the party to which the notice, demand, request or communication is made, as follows:

If to the Association:	Key Marco Community Association, Inc.
Attn:  	

If to the District:	Key Marco Community Development District
Attn:  	

Any notice, demand, request or other communication shall deemed to be given upon actual receipt or refusal of delivery. The above addresses may be changed by written notice given to the address noted above; provided, however, that such change of address shall not be effective until such notice is actually received.

32.31. Time. Time is expressly declared to be of the essence with respect to the performance of all terms, covenants, provisions, and obligations of this Agreement, except that the expiration of any time period measured in days that expires on a Saturday, Sunday, or legal holiday automatically will be extended to the next business day at 5:00 p.m.

33.32. Governing Law; Jurisdiction; Venue. This Agreement shall be construed, interpreted, enforced and governed by and in accordance with the laws of the State of Florida, excluding conflict of law principles. In the event any of the parties initiates litigation arising out of or relating to this Agreement, each of the parties agrees that: (a) any such litigation shall only be filed in a Court of competent jurisdiction located in Collier County, Florida, (b) venue of any such litigation shall exclusively lie only in Collier County, Florida, (c) the parties subject themselves to the jurisdiction of a Court of competent jurisdiction located in Collier County, Florida for any such litigation, and (d) the parties waive any objection to personal jurisdiction over them by a Court of competent jurisdiction located in Collier County, Florida.

34.33. Interpretation. The parties hereto have participated fully in the negotiation and preparation hereof, and accordingly, this Agreement shall not be more strictly construed against either party.

35.34. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be deemed but one agreement. This Agreement may be executed and delivered via facsimile, PDF, or other electronic transmission, and any facsimile, PDF or electronic signature shall have the same force and effect as an original.

36.35. Effective Date. For purposes of this Agreement, the "Effective Date" shall be deemed to be the date when the last one of the Association and the District has signed and delivered this Agreement to the other party, such date being inserted under the signatures of the parties. Such latter date shall be inserted in this preamble on page 1 of this Agreement.

37.36. No Waiver. Either parties failure to take advantage of any default or breach of covenant on the part of the other party shall not be construed as a waiver thereof, nor shall any custom or practice which may grow between the parties in the course of administering this Agreement be construed or to waive or to lessen the right of either party to insist upon the strict performance by the other party of any term, covenant or condition hereof, or to exercise any rights of a party on account of any such default. A waiver of a particular breach or default shall not be deemed to be a waiver of the same or any other subsequent breach or default.

38.37. Entire Agreement. This Agreement sets forth the entire agreement between the parties with respect to the subject matter of this Agreement. No prior agreement or understanding pertaining to any such matter shall be effective. This Agreement cannot be modified, except by a written instrument signed by the parties against whom enforcement of the modification is sought.

39.38. WAIVER OF JURY TRIAL. THE ASSOCIATION AND THE DISTRICT HEREBY MUTUALLY, KNOWINGLY, WILLINGLY, INTENTIONALLY AND VOLUNTARILY WAIVE THEIR RIGHT TO TRIAL BY JURY AND NO PARTY NOR ANY ASSIGNEE, SUCCESSOR, HEIR, OR LEGAL REPRESENTATIVE OF THE PARTIES SHALL SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM OR ANY OTHER LITIGATION PROCEEDING BASED UPON OR ARISING OUT OF THIS AGREEMENT OR

ANY RELATED AGREEMENT OR INSTRUMENT OR ANY COURSE OF ACTION, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS RELATING TO THIS AGREEMENT.

40.39. Force Majeure. For the purposes hereof, an “Event of Force Majeure” shall be defined as the occurrence of any of the following (to the extent the same is unforeseeable): Act of God, war, terrorism, civil commotion, Casualty, extreme weather conditions, labor difficulties, general shortages of labor, materials or equipment, government regulations or other causes beyond the reasonable control of such party, its agents, employees, contractors or subcontractors (other than causes related to such party's financial condition). To qualify as an Event of Force Majeure, the delayed party must have: (i) provided notice to the other party hereto of such Event of Force Majeure within a reasonable time after the occurrence of same;
(ii) thereafter periodically kept the other party hereto fully advised by notice of such delays; and (iii) used commercially reasonable efforts and all due diligence to effect the required performance.

41.40. Estoppel Certificate. Within ten (10) days after request therefor by the Association, the District shall deliver to the Association, in a form satisfactory to the Association, a certificate certifying: (i) the good standing and absence of default under this Agreement; provided, however, that if there are any defaults, specifying the nature thereof; (ii) whether this Agreement has been assigned, modified, or amended in any way (and if it has, then state the nature thereof); and (iii) such other matters as the Association shall request.

42.41. No Partnership, Joint Venture or Principal-Agent Relationship. Neither this Agreement nor any acts of the parties hereunder shall be construed or deemed by the parties, or by any third person, to create the relationship of principal and agent, or of partnership, or of joint venture, or of any association between the parties.

[REMAINDER OF PAGE INTENTIONALLY BLANK]

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above
written.

Signed, sealed and delivered in the presence of:

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

Print Name: 	

By:	 Print Name:  	                                                     Title:  	

Print Name: 	

STATE OF FLORIDA	)
) SS:
COUNTY OF COLLIER	)

The foregoing instrument was acknowledged before me this 	day of 	, 2019 by
 	,   as 	of    KEY    MARCO  COMMUNITY
ASSOCIATION, INC., a Florida not-for-profit corporation who [ ] is personally known to me or who [ ] has produced 	as identification.

NOTARY PUBLIC, State of Florida
Print Name: 	 Commission No.: 	 Commission Expires: 	

[REMAINDER OF PAGE INTENTIONALLY BLANK]

KEY	MARCO	COMMUNITY
DEVELOPMENT DISTRICT, a community development district established and existing pursuant to Chapter 190, Florida Statutes

Print Name: 	

Print Name: 	

By:	 Print Name:  	                                        Title:  	

STATE OF FLORIDA	)
)SS
COUNTY OF COLLIER	)

The foregoing instrument was acknowledged before  me this 	day of 	, 2019 by
 	, as 	of  KEY  MARCO COMMUNITY
DEVELOPMENT DISTRICT, a community development district established and existing pursuant to Chapter  190,  Florida  Statutes   who  [	]  is  personally  known   to   me   or who  [	]   has produced
 	 as identification.

NOTARY PUBLIC, State of Florida
Print Name: 	 Commission No.: 	 Commission Expires: 	

EXHIBIT “A”

Tract U as recorded on the Plat of Horr’s Island A.K.A. Key Marco, Plat Book 21, Pages 5 through 19, lying in Section 15, Township 52 South, Range 26 East, Collier County, Florida

EXHIBIT “B”

THE DISTRICT’S CERTIFICATES OF INSURANCE

RESOLUTION NO. 2019- 	

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE KEY MARCO COMMUNITY DEVELOPMENT DISTRICT ESTABLISHING POLICIES AND PROCEDURES FOR APPROVING SPECIAL EVENT APPLICATIONS; REPEALING AND REPLACING RESOLUTION 2013-
 	; AUTHORIZING THE DISTRICT MANAGER TO EXECUTE DOCUMENTS RELATING TO APPROVED SPECIAL EVENT APPLICATIONS; PROVIDING FOR PRESENTATION OF APPROVED SPECIAL EVENT APPLICATIONS FOR INFORMATIONAL PURPOSES TO THE BOARD OF SUPERVISORS; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, Key Marco Community Development District (the “District”) is organized for purposes which include ownership and operation of certain infrastructure within or benefiting the residential development known generally as Key Marco; and

WHEREAS, throughout the year, the District receives various requests by individuals, groups, or organizations to hold special events on certain District property; and

WHEREAS, the Board of Supervisors desires that special event applications be presented to the Board for review and consideration; and

WHEREAS, the Board of Supervisors desires to approve updated policies and procedures for the review and approval (if applicable) of special event applications. And, further, with respect to any special event applications approved by the Board, the District Manager shall have the authority to execute necessary documentation in connection with the approval of such special event application.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE KEY MARCO COMMUNITY DEVELOPMENT DISTRICT:

Section 1. The foregoing recitals are true and correct and incorporated herein as if  written into the body of this Resolution.

Section 2.     Resolution 2013-      , which was previously adopted by the Board relating to this subject matter is hereby repealed and replaced in its entirety by this Resolution.

Section 3.    The Special Event Policies and Procedures attached hereto and made a part of this Resolution as Exhibit “A” are hereby approved for use by the District.

Section 4. The form of Agreement Regarding Use of District Facilities attached hereto and made a part of this Resolution as Exhibit “B” is hereby approved for use by the District in substantially the form attached.

Section 5. The District Manager is hereby designated by the District and authorized by the District to carry out the policies and procedures set forth herein and to execute such documents as necessary to accomplish the same.

Section 6.  The policies and procedures attached to this Resolution as Exhibit “A” and the form of Agreement attached to this Resolution as Exhibit “B” shall stay in full force and effect until such time as the Board of Supervisors may amend or rescind said policies, procedures or agreement form(s).

Section 7. A copy of any executed Agreement pursuant to this policy shall be made available to the Board of Supervisors for informational purposes only at its next regularly scheduled meeting following full execution of the Agreement by the District Manager; provided, however, that any failure to present said application shall not affect the validity or implementation of this Resolution.

Section 8. Should any sentence, section, clause, part or provision of this Resolution be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Resolution as a whole, or any part thereof, other than the part declared invalid.

Section 9.    All Sections or parts of Sections of any Resolutions or actions of the Board in conflict are hereby repealed to the extent of such conflict.

Section 10.	This Resolution shall take effect immediately upon adoption.

PASSED AND ADOPTED this 17th day of April, 2019.

KEY MARCO COMMUNITY
Attest:	DEVELOPMENT DISTRICT

Katie Maline, Secretary	Maureen McFarland, Chair

Exhibit “A”
Special Event Policies and Procedure

Generally

A “Special Event” shall mean any event held, in whole or in part, on property owned by the District that includes a group of people gathering to participate in an activity involving more than normal, everyday use of the District property. Examples of special events include, without limitation, walk-a-thons, bicycle races, running races, or other athletic events.

The District Manager shall develop and establish an application form to facilitate the intake of requests for use of the District’s facilities for Special Events. Any individual, organization or group desiring to conduct a Special Event may obtain from the District Manager a Special Event application to conduct a Special Event.

There shall be a limit of two (2) Special Events per calendar year.

The District reserves the right, to be exercised by the Board of Supervisors, to deny any Special Event application based on safety, site capacity, scheduling considerations, time of the proposed function or expected duration, potential for community disturbance, consistency with atmosphere of operations within the District, other issues impacting the community or as may be in the best interests of the District.

Any individual, organization or group that has a Special Event application approved must enter into an agreement with the District with regard to the Special Event, which agreement will specify the terms of use and wherein the Special Event holder will acknowledge that it has read and agrees to abide by the policies and procedures of the District. The form Agreement Regarding Use of District Facilities attached as Exhibit “B” to these Special Event Policies and Procedures is hereby approved for use as a form by the District as appropriate. Further, as it is recognized that circumstances may arise where one party or another may request certain modifications to the form agreement, the District Manager shall be permitted, after consultation and approval by District Counsel, to make modifications to the form agreement as may be requested by a party, provided such modifications do not materially and unreasonably alter the intent, purpose and protection provided to the District by the form agreement. The District Manager is hereby designated by the District and authorized by the District to execute, when appropriate, the Agreement Regarding Use of District Facilities in connection with applicable approved Special Events.

5.	Proof of insurance (if required) and applicable deposit must be received at least ten
(10) business days prior to the scheduled Special Event.

Insurance and Other Requirements.

The District reserves the right, to be exercised by the District Manager, to require the Special Event applicant to supply insurance, security, portable bathroom facilities, trash

receptacles, garbage disposal and such other requirements as may necessary for the protection of the public health, safety and welfare and District property on an event-by-event basis.

Insurance for Special Events shall be provided by the applicant (at the applicant’s sole cost and expense) at the discretion of the District Manager based upon the nature and extent of the activity to occur on the District’s property. Except as otherwise designated or modified by the District Manager, the applicant shall, at its sole expense, obtain and maintain comprehensive bodily, personal injury, property damage and liability insurance on a per-occurrence basis with a minimum limits for liability in an amount of One Million Dollars ($1,000,000) per Incident and Two Million Dollars ($2,000,000) Aggregate, which shall include a loss payable clause in favor of the District, naming the District as an Additional Insured under the policy, and shall provide the District evidence of such insurance prior to the Special Event. Such insurance shall be cancelable only upon forty-five (45) days prior written notice to the District.

Schedule of Deposits.

A deposit in an amount determined by the District Manager based upon the type of event, number of participants and other such factors deemed relevant by the District Manager is required at the time the Special Event application is approved. To receive a full refund of the deposit the following must be completed:

Ensure that all garbage and litter is collected and disposed of in approved receptacles or otherwise removed.
Remove all displays, tables, chairs or other assembly or event items or remnants.
Ensure that no damage has occurred to the District's facilities or other District property.
All attendees at the assembly or event are required to adhere to all District policies, rules and/or regulations.
All applicable City of Marco Island and/or Collier County ordinances, rules or regulations must be complied with by the applicant and its attendees.

Failure to comply with the policies and procedures of the District may result in the forfeiture of all or a portion of the deposit. The District shall have the right, in its sole discretion, to apply the deposit to pay for the cost of cleaning, repair, restoration or any other applicable corrective action. The District Manager shall determine the amount of the deposit to return, if any. If the cost of any cleaning, repair, restoration or other applicable corrective action exceeds the amount of the deposit, the individual or organization that submitted the Special Event application will be liable for any such further expenses incurred by the District and said funds shall be paid to the District upon demand.

Indemnification.

Each individual, organization or group submitting a Special Event application for use of District property agrees to indemnify and hold harmless the District and its supervisors, officers, agents and employees from any and all liability, claims, actions, suits or demands by any person, corporation or other entity, for injuries, death, property damage of any nature, arising out of, or in

connection with, the use of the District’s property or facilities, including litigation or any appellate proceedings with respect thereto. Each individual, organization or group shall be required to sign an agreement in a form provided by the District providing for such release and indemnification of the District. Nothing therein shall constitute or be construed as a waiver of the District’s sovereign immunity granted pursuant to Section 768.28, Florida Statutes.

EXHIBIT “B”

AGREEMENT REGARDING USE OF DISTRICT FACILITIES
THIS AGREEMENT REGARDING USE OF DISTRICT FACILITIES (this “Agreement”) is
made and entered into on this 	day of 		, 201 , between KEY MARCO COMMUNITY DEVELOPMENT DISTRICT, a community development district established and existing pursuant to Chapter 190, Florida Statutes, whose address is c/o District Manager, 4672 Strand Court, Suite #1, Naples, Florida 34110 (“KMCDD”); and	 		
 	, a Florida 	, whose address is  	
 	 (“User”).

RECITALS

KMCDD is the owner of a roadway and other facilities within the Key Marco community in Collier County, Florida.

User has requested to use the following facility (the “Facility”):  	
 	 to host the following event at the Facility (“Event”):	 	
 	; and

KMCDD desires to permit User to conduct the Event under certain terms and conditions described in this Agreement; and

KMCDD does not warrant that the Facility is suitable or fit for purposes requested by User but User does believe it to be fit and suitable and User does acknowledges that KMCDD provides no warranties whatsoever; and

KMCDD and User desire to contract and memorialize their understandings and covenants regarding this matter.

AGREEMENT

NOW, THEREFORE, in consideration of the mutual covenants and agreements expressed herein the parties agree as follows:

Recitals. The Recitals set forth above are true and correct and are incorporated herein as a material part of this Agreement.

Use of KMCDD Facility. KMCDD agrees User may utilize the Facility listed on the following date(s) and time(s) for the sole purpose of conducting the Event:

Facility	Date	Times	

			

Preparation. User shall be solely responsible for making all preparations relative to the Event to be held using the Facility. KMCDD and User agree that all food, beverages, entertainment, security, parking, traffic control, crowd control, capacity determinations and personnel necessary for the

Event shall be the sole responsibility of User and shall be undertaken by User pursuant to all applicable federal, state, and local laws, ordinances, rules and regulations and shall be subject to the prior review and approval of their use by KMCDD.

No Use of Other Property. User agrees on behalf of itself and its workers, attendees and guests at the Event that the use hereunder shall be limited to the Facility and it shall not utilize or enter any other property of KMCDD (including, without limitation, other easement areas or stormwater management areas) without the express written consent of KMCDD.

Additional Facilities. KMCDD maintains no permanent restrooms or trash receptacles. Consequently, User shall make its own accommodations to meet the needs of the User’s attendees. If necessary, User agrees and covenants that the User will make arrangements at its sole cost and expense for the provision of adequate portable restrooms and trash receptacles for the Event, including provision for the delivery, operations and prompt removal.

Damage/Deposit Required. User agrees to make every reasonable effort to ensure the Facility is not damaged and assumes full responsibility for the use of the Facility by its employees, agents, representatives, invitees and attendees during the preparation for, the conducting of, and the cleaning after the Event.

Repair. User agrees to maintain, restore, and repair, or cause to be maintained, restored or repaired, the Facility or any KMCDD property which is injured, damaged, destroyed, or otherwise impaired by User’s employees, agents, representatives, invitees or attendees during, or as a result of, the preparation for the Event, the conduct of the Event, or the post-Event cleaning.

Cleaning/Deposit. User agrees to clean the Facility and otherwise return or restore the Facility to the condition the Facility was in immediately preceding the Event. Upon execution of this Agreement, User shall post, or cause to be posted, a clean-up, damage and corrective action security deposit in the amount of $ 	.00 (“Deposit”).

KMCDD Evaluation. KMCDD shall evaluate the Facility after the Event and shall notify User of any cleaning, repair, restoration or other corrective action that KMCDD deems necessary as a result of any failure by User to comply with the provisions of this Agreement. If User fails, after the notification, to timely perform such cleaning, repair, restoration or other corrective action to the satisfaction of KMCDD, KMCDD may cause such cleaning, repair, restoration or other corrective action to be made and deduct such cost from the Deposit. Any costs for cleaning, repair, restoration or other corrective action incurred by KMCDD in excess of the Deposit shall be reimbursed by User upon demand by KMCDD. Any remaining balance of the Deposit shall be returned to User.

Compliance. User agrees that use of the Facility by User shall be subject to all rules, policies, procedures and fees of KMCDD as set forth in KMCDD’s policies, rules, or resolutions, as the same may be amended from time to time. Failure by User to abide by all rules, policies and procedures of KMCDD may result in forfeiture of the right to utilize the Facility.

Insurance. User, at its sole expense, shall obtain and maintain comprehensive bodily, personal injury, property damage and liability insurance on a per-occurrence basis with a minimum limits for liability in an amount of One Million Dollars ($1,000,000) per Incident and Two Million Dollars ($2,000,000) Aggregate, which shall include a loss payable clause in favor of KMCDD, naming KMCDD as Additional Insured under the policy, and shall provide KMCDD evidence of such insurance prior to the Event. Such insurance shall be cancelable only upon forty-five (45) days prior written notice to KMCDD.

Release, Hold Harmless and Indemnification. User, shall release, indemnify and hold harmless KMCDD, its agents, supervisors, officers, directors, employees and staff (“Indemnitees”) from and against any liability or damages that Indemnitees may suffer as a result of claims, suits, demands, damages, losses, fines, penalties, interest, expenses, costs or judgments against them arising out of to User’s Event. This indemnification includes claims, suits, demands, damages, losses, fines, penalties, interest, expenses, costs or judgments arising out of personal injury, property damage, environmental contamination, and any other event in any way related to User’s Event, no matter how remote, and shall include damages of any nature, whether compensatory, consequential, punitive or otherwise, all costs incurred in the defense of every claim, demand, cost or judgment, whether attorney fees or otherwise, and all costs incurred by Indemnitees in the enforcement of this Agreement. Nothing in this Agreement shall be deemed as a waiver of sovereign immunity or a waiver of any limitation of liability of KMCDD 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. Should it become necessary for Indemnitees or anyone else on their behalf, to incur any costs and/or expenses, whether directly or indirectly, including, but not by way of limitation, attorney’s fees, investigator’s fees, collection fees or court costs in connection with any claim or demand for which indemnification is provided by this Agreement, or in connection with any attempt to recover losses incurred on such claims or demands, or in connection with the enforcement of this Agreement or any portion of it, User shall pay Indemnitees such reasonable costs and/or expenses for which expenditure is made or liability is incurred by Indemnitees.

Recovery of Costs and Fees. In the event that either party to this Agreement is required to enforce this Agreement by court proceedings or otherwise, the prevailing party shall be entitled to recover from the other party all costs incurred, including reasonable attorneys’ fees whether in litigation, at arbitration, appeal or otherwise.

Assignment. User may not assign this Agreement without the prior written consent of KMCDD, which may be withheld in its sole and exclusive discretion.

Integration, Amendment, Governing Law. This Agreement embodies the entire understanding of the parties with respect to the subject matter herein, and the terms hereof control over and supersede all prior understandings. This Agreement may not be modified or amended in any respect other than by written instrument signed by the applicable parties hereto. This Agreement shall be construed under the laws of the State of Florida (exclusive of choice of law rules). Venue for any action arising hereunder shall lie exclusively in Collier County, Florida.

(Remainder of Page Intentionally Left Blank—Signatures Begin on Next Page)

IN WITNESS WHEREOF, each of the parties has executed this Agreement as of the dates set forth
below.

USER:

 	,
a Florida  	

By: 	

Name: 	

Title: 	

Date: 	

KMCDD:

KEY MARCO COMMUNITY DEVELOPMENT DISTRICT

By: 	

Name: 	

Title: 	

Date: 	

District Counsel - Incident March 16, 2019

To;

The Key Marco Homeowners Association Board of Directors

The Key Marco Community Development District Board Members

This email is sent to address ongoing concerns I have as a Key Marco resident. An incident occurred recently at our marina on a Saturday evening. Our property manager’s husband and his invitees were observed drinking alcohol at the docks after tying up a boat for a next morning fishing outing. As I was leaving, I saw them in the marina parking lot standing together by a red car. I informed Katie’s husband John that he has no privilege here and he needs to move the boat. I then left.

On Monday I was contacted by our manager Katie and she asked if I was the person that spoke to her husband John, I said yes. Her tone with me was quite rude and she terminated the call abruptly. About an hour later I received a threating email from our HOA Board President. Herb never called me to ask what had happened; instead he took the side of our employee and proceeded to admonish me as resident. I resent the threatening email sent by our HOA President and feel that Herb consistently abuses his official conduct without sanction or Board agreement. I ask that the Board hold him accountable for his actions before we have another law suit.

My specific concerns to the HOA and CDD Boards are as follows;

Why did the HOA Board give after hour’s privileges to our employee, her family and all of their invitees unlimited use our facilities?

The employee’s husband has been found intoxicated on our docks and in our parking lot, does the HOA and CDD Boards understand and accept the unlimited liability

we all face by granting such access to unaccompanied nonresidents?

On the evening of the incident the red car at the marina parking lot was remotely granted access through our gate after hours. Who granted that unknown person

access through our gate and why did they have authority to do so?

As a Key Marco resident, I want nothing more than to live in peace and harmony with our neighbors in this wonderful community we call home. Thank you for your time and consideration of my concerns.

William N. Aitkenhead 888 Whiskey Creek Dr.

March 16, 2019 Incident FW: Incident for review by the CDD

On Saturday, March 16th, my wife and I were leaving Paradise Found on Goodland when we were approached by Pamela Warren. Pamela and her husband were having boat problems and she asked for a ride back to their marina at Key Marco to get her vehicle. It was getting dark (approximately 7:30 pm) and upon dropping Pamela off at the marina, I noticed a car parked in the corner with several passengers inside. As my headlights panned the car, the passenger on the driver's side rear seat slid down as if he were trying to get out of my line of sight. Being a retired police officer, I am always aware of my surroundings and became uncomfortable with Pamela walking by herself to her vehicle. Once she was safely in her vehicle, I proceeded to leave the marina. Still feeling a bit uncomfortable, I stopped a woman walking toward the marina to make her aware of the situation. I didn't want her to continue on alone not knowing if this could become dangerous for her. Knowing that Key Marco is a gated community,  I feel compelled to share this incident. I hope it will help as you review your security policies to keep your community safe.	Respectfully, Bob Dutcher

KEY MARCO
Community Development District

Governmental Funds

Balance Sheet
February 28, 2019

ACCOUNT DESCRIPTION

GENERAL FUND

FIXED ASSETS
FUND	TOTAL

ASSETS

Cash - Checking Account	$	894,063	$	-	$	894,063	
Prepaid Items	200	-	200	
Fixed Assets		
Land	-	1,969,203	1,969,203	
Buildings	-	146,196	146,196	
Accum Depr - Buildings	-	(111,345)	(111,345)	
Improvements	-	882,684	882,684	
Infrastructure	-	6,522,136	6,522,136	
Accum Depr ‐ Improvements	-	(681,688)	(681,688)	
Accum Depr - Infrastructure	-	(4,204,655)	(4,204,655)	
Machinery & Equipment	-	126,860	126,860	
Accum Depr ‐ Mach & Equip	-	(33,006)	(33,006)	
TOTAL ASSETS	$	894,263	$ 4,616,385	$ 5,510,648	

LIABILITIES		
Accounts Payable	$	33,602	$	-	$	33,602	
Accrued Expenses	3,096	-	3,096	
TOTAL LIABILITIES	36,698	-	36,698	

FUND BALANCES		
Nonspendable:		
Prepaid Items	200	-	200	
Unassigned:	857,365	4,616,385	5,473,750	

TOTAL FUND BALANCES	$	857,565	$ 4,616,385	$ 5,473,950	
TOTAL LIABILITIES & FUND BALANCES	$	894,263	$ 4,616,385	$ 5,510,648	

KEY MARCO
Community Development District	General Fund

Statement of Revenues, Expenditures and Changes in Fund Balances
For the Period Ending February 28, 2019

ANNUAL

ACCOUNT DESCRIPTION	ADOPTED
BUDGET	FEB-19
ACTUAL	FEB-19
BUDGET	VARIANCE ($)
FAV(UNFAV)	YEAR TO DATE
ACTUAL	YEAR TO DATE
BUDGET	VARIANCE ($)
FAV(UNFAV)	

REVENUES								
Interest - Investments	$	8,000	$	1,642	$	667	$	(975)	$	7,152	$	3,333	$	(3,819)	
Hurricane Irma FEMA Refund	-	-	-	-	20,834	-	(20,834)	
Interest - Tax Collector	-	-	-	-	226	-	(226)	
Special Assmnts- Tax Collector	629,800	14,100	2,500	(11,600)	540,500	529,554	(10,946)	
Special Assmnts- Discounts	(25,192)	(282)	(104)	178	(20,727)	(21,186)	(459)	
User Facility Revenue	-	802	-	(802)	2,038	-	(2,038)	
TOTAL REVENUES	612,608	16,262	3,063	(13,199)	550,023	511,701	(38,322)	

EXPENDITURES

Administration								
P/R-Board of Supervisors	9,600	-	800	(800)	2,400	4,000	(1,600)	
FICA Taxes	734	-	61	(61)	184	306	(122)	
ProfServ-Engineering	5,000	-	417	(417)	-	2,083	(2,083)	
ProfServ-Legal Services	25,000	1,609	2,083	(474)	12,631	10,417	2,214	
ProfServ-Mgmt Consulting Serv	72,000	6,000	6,000	-	31,000	30,000	1,000	
ProfServ-Property Appraiser	9,447	-	-	-	567	9,447	(8,880)	
ProfServ-Special Assessment	1,000	-	-	-	1,000	1,000	-	
ProfServ-Tax Collector	12,596	276	52	224	10,395	10,594	(199)	
Accounting Services	14,150	1,179	1,179	-	5,896	5,896	-	
Auditing Services	5,000	-	2,500	(2,500)	-	5,000	(5,000)	
Postage	150	23	13	10	72	63	9	
Rentals & Leases	300	126	25	101	226	125	101	
Insurance - General Liability	29,926	-	-	-	26,788	29,926	(3,138)	
Legal Advertising	4,000	-	333	(333)	1,743	1,667	76	
Miscellaneous Services	750	52	63	(11)	296	313	(17)	

KEY MARCO
Community Development District	General Fund

Statement of Revenues, Expenditures and Changes in Fund Balances
For the Period Ending February 28, 2019

ANNUAL
ADOPTED
ACCOUNT DESCRIPTION	BUDGET	FEB-19
ACTUAL	FEB-19
BUDGET	VARIANCE ($)
FAV(UNFAV)	YEAR TO DATE
ACTUAL	YEAR TO DATE
BUDGET	VARIANCE ($)
FAV(UNFAV)	

Misc-Contingency	
-	
15	
-	
15	
15	
-	
15	
Transcript Cost	2,400	(25)	200	(225)	635	1,000	(365)	
Computer Support	600	50	50	-	250	250	-	
Office Supplies	500	-	42	(42)	110	208	(98)	
Dues, Licenses, Subscriptions	275	-	-	-	175	175	-	
Total Administration	193,428	9,305	13,818	(4,513)	94,383	112,470	(18,087)	

Maintenance and Landscaping								
Contractual Services	140,000	11,734	11,667	67	58,988	58,333	655	
R&M-Trees and Trimming	15,000	-	1,250	(1,250)	2,258	6,250	(3,992)	
R&M-Pressure Washing	-	-	-	-	3,165	-	3,165	
Plant Replacement Program	10,000	-	833	(833)	8,966	4,167	4,799	
Exotic Maintenance	13,000	-	1,083	(1,083)	12,232	5,417	6,815	
Flower Program	5,000	-	417	(417)	2,415	2,083	332	
Mulch Program	9,000	9,000	750	8,250	9,484	3,750	5,734	
Misc-FEMA Expense	-	-	-	-	5,000	-	5,000	
Total Maintenance and Landscaping	192,000	20,734	16,000	4,734	102,508	80,000	22,508	

Irrigation Services								
Contractual Services	6,100	125	508	(383)	624	2,542	(1,918)	
Utility - Water	15,000	2,310	1,250	1,060	18,131	6,250	11,881	
Utilities-Electric	5,000	549	417	132	2,990	2,083	907	
Repairs & Maintenance	20,000	2,727	1,667	1,060	10,339	8,333	2,006	
Land Lease	31,000	2,553	2,583	(30)	12,765	12,917	(152)	
Total Irrigation Services	77,100	8,264	6,425	1,839	44,849	32,125	12,724	

Capital Expenditures & Projects								
Cap Outlay-Roads	50,000	-	-	-	5,375	-	5,375	
Total Capital Expenditures & Projects	50,000	-	-	-	5,375	-	5,375	

KEY MARCO
Community Development District	General Fund

Statement of Revenues, Expenditures and Changes in Fund Balances
For the Period Ending February 28, 2019

ANNUAL
ADOPTED	FEB-19	FEB-19	VARIANCE ($)	YEAR TO DATE	YEAR TO DATE	VARIANCE ($)	
ACCOUNT DESCRIPTION	BUDGET	ACTUAL	BUDGET	FAV(UNFAV)	ACTUAL	BUDGET	FAV(UNFAV)	

Lighting

Utilities-Electric	24,000	94	2,000	(1,906)	2,478	10,000	(7,522)	
R&M-General	6,000	-	500	(500)	3,649	2,500	1,149	
Misc-Holiday Lighting	3,000	-	-	-	250	3,000	(2,750)	
Total Lighting	33,000	94	2,500	(2,406)	6,377	15,500	(9,123)	

Access Control								
Contractual Services	86,520	6,822	7,210	(388)	35,837	36,050	(213)	
Utilities-Electric	10,000	440	833	(393)	2,637	4,167	(1,530)	
R&M-Gate	3,580	291	298	(7)	2,448	1,492	956	
R&M-Gatehouse	5,000	-	417	(417)	1,210	2,083	(873)	
Op Supplies - General	250	29	21	8	1,134	104	1,030	
Total Access Control	105,350	7,582	8,779	(1,197)	43,266	43,896	(630)	
								
TOTAL EXPENDITURES	650,878	45,979	47,522	(1,543)	296,758	283,991	12,767	

Excess (deficiency) of revenues Over (under) expenditures	

(38,270)	

(29,717)	

(44,459)	

(14,742)	

253,265	

227,710	

(25,555)	

OTHER  FINANCING SOURCES (USES)

Contribution to (Use of) Fund Balance	

(38,270)	

-	

-	

-	

-	

-	

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

Net change in fund balance	
$	(38,270)	
$	(29,717)	
$	(44,459)	
$	(14,742)	
$	253,265	
$	227,710	
$	(25,555)	

FUND BALANCE, BEGINNING (OCT 1, 2018)	
604,300				
604,300	
604,300		
FUND BALANCE, ENDING	$	566,030				$	857,565	$	832,010		

KEY MARCO
Community Development District

Annual Operating Budget
Fiscal Year 2020

Version 2 - Proposed Budget (Printed 04/03/19)

Prepared by:

KEY MARCO

Community Development District

Table of Contents

   Page # 
OPERATING BUDGET

General Fund
Summary of Revenues, Expenditures and Changes in Fund Balances	1 - 2
Budget Narrative	3 - 4
Exhibit A - Allocation of Fund Balances ………………………………………………………………….	5
SUPPORTING BUDGET SCHEDULES
2019-2020 Non-Ad Valorem Assessment Summary ………………………………………………………..	6

Key Marco
Community Development District

Operating Budget
Fiscal Year 2020

KEY MARCO

Community Development District	General Fund

Summary of Revenues, Expenditures and Changes in Fund Balances
Fiscal Year 2020 Proposed Budget

	ADOPTED	ACTUAL	PROJECTED	TOTAL	ANNUAL	
ACTUAL	ACTUAL	ACTUAL	BUDGET	THRU	MAR	PROJECTED	BUDGET	
ACCOUNT DESCRIPTION	FY 2016	FY 2017	2018	FY 2019	FEB-2019	SEP-2019	FY 2019	FY 2020	

REVENUES								
Interest - Investments Income	$	3,244	$	8,336	$	14,896	$	8,000	$	7,152	$	10,013	$	17,165	$	15,000	
Hurricane Irma FEMA Refund	-	-	-	-	20,834	-	20,834	-	
Interest - Tax Collector Investments	-	-	40	-	226	45	271	200	
Non-Ad Valorem Assessments	623,464	586,260	629,800	629,800	540,500	89,300	629,800	629,800	
Non-Ad Valorem Assessments Discounts	-	-	(18,377)	(25,192)	(20,727)	-	(20,727)	(25,192)	
Revenue Carry Forward	-	-	466	-	-	-	-	-	
Hurricane Irma Insurance Claim Payout	-	-	-	-	-	-	-	-	
Insurance Reimbursements	-	-	70,024	-	-	-	-	-	
User Facility Revenue	-	-	-	-	2,038	2,853	4,891	4,000	
Miscellaneous Revenues	5,129	288	-	-	-	-	-	-	
TOTAL REVENUES	631,838	594,884	696,849	612,608	550,023	102,211	652,234	623,808	
EXPENDITURES
Administrative
Board of Supervisor Fees	5,015	4,800	7,200	9,600	2,400	7,200	9,600	4,800	
FICA Taxes	31	-	414	734	184	551	735	367	
ProfServ-Mgmt Consulting Service	54,080	31,283	76,750	72,000	31,000	41,000	72,000	72,000	
Field Mgmnt Svcs / Contractual Svcs	44,887	57,398	-	-	-	-	-	-	
Transcript Cost	1,180	1,710	1,735	2,400	635	889	1,524	2,400	
Auditing Services	4,850	4,875	4,925	5,000	-	5,000	5,000	5,000	
Accounting Services	15,000	10,450	13,163	14,150	5,896	8,254	14,150	14,150	
ProfServ-Special Assessment	1,000	1,000	1,000	1,000	1,000	-	1,000	1,000	
ProfServ-Property Appraiser	9,648	9,648	9,045	9,447	567	8,880	9,447	9,447	
ProfServ-Tax Collector	12,469	11,725	7,249	12,596	10,395	2,201	12,596	12,596	
ProfServ-Legal Services	18,420	40,754	29,023	25,000	12,631	17,683	30,314	25,000	
ProfServ-Engineering	-	12,500	7,500	5,000	-	5,000	5,000	5,000	
Postage	289	433	287	150	72	101	173	175	
Rentals & Leases (Robert Flinn)	-	676	300	300	226	316	542	300	
Computer Support	811	1,149	993	600	250	350	600	600	
Printing & Binding	627	-	-	-	-	-	-	-	
Insurance - General Liability	33,272	27,230	27,845	29,926	26,788	-	26,788	29,926	
Legal Advertising	2,584	4,421	2,958	4,000	1,743	2,257	4,000	4,000	
Office Supplies	519	490	476	500	110	154	264	300	
Dues, Licenses, Subscriptions	200	175	265	275	175	100	275	275	
Miscellaneous Expense / Bank Charges	799	660	949	750	311	435	746	700	
Total Administrative	205,682	221,377	192,077	193,428	94,383	100,372	194,755	188,036	

Maintenance and Landscaping
Contractual Services	

131,903	

139,105	

142,898	

140,000	

58,988	

82,583	

141,571	

140,808	
Insurance Workers Comp	-	150	-	-	-	-	-	-	
Electric Services	-	877	-	-	-	-	-	-	
Chemicals	-	2,372	-	-	-	-	-	-	
R&M-Trees and Trimming	47,320	7,680	32,330	15,000	2,258	3,161	5,419	7,500	
R&M-Pressure Washing	-	-	-	-	3,165	4,431	7,596	7,500	
Plant Replacement Program	8,667	10,899	26,078	10,000	8,966	1,034	10,000	10,000	
Exotic Maintenance	599	-	116	13,000	12,232	768	13,000	13,000	
Flower Program	-	2,817	1,863	5,000	2,415	2,585	5,000	5,000	
Mulch Program	11,032	1,260	11,848	9,000	9,484	0	9,484	9,000	
Misc-FEMA Expense	-	-	150,911	-	5,000	-	5,000	-	
Total Maintenance and Landscaping	199,520	165,159	366,044	192,000	102,508	94,562	197,070	192,808	
Irrigation Services									
Contractual Services	-	9,770	1,934	6,100	624	874	1,498	1,498	
Utility-Water	14,959	18,263	22,921	15,000	18,131	25,383	43,514	40,000	
Land Lease	28,083	30,636	30,636	31,000	12,765	17,871	30,636	-	
Utilities-Electric	5,470	4,377	6,219	5,000	2,990	4,186	7,176	7,000	
Repairs & Maintenance	14,841	12,349	25,811	20,000	10,339	14,475	24,814	25,000	
Total Irrigation Services	63,353	75,395	87,521	77,100	44,849	62,789	107,638	73,498	

KEY MARCO

Community Development District	General Fund

Summary of Revenues, Expenditures and Changes in Fund Balances

	ADOPTED	ACTUAL	PROJECTED	TOTAL	ANNUAL	
ACTUAL	ACTUAL	ACTUAL	BUDGET	THRU	MAR	PROJECTED	BUDGET	
FY 2016	FY 2017	2018	FY 2019	FEB-2019	SEP-2019	FY 2019	FY 2020	

Fiscal Year 2020 Proposed Budget

ACCOUNT DESCRIPTION

Capital Expenditures & Projects
Street Light Project	-	-	5,000	-	-	-	-	-	
Bridge Repair	-	-	15,124	-	-	-	-	-	
Cap Outlay-Roads	-	1,865	28,950	50,000	5,375	-	5,375	46,946	
Total Capital Expenditures & Projects	-	1,865	49,074	50,000	5,375	-	5,375	46,946	
Lighting
Capital outlay / LED Lighting	-	14,060	-	-	-	-	-	-	
Utilities-Electric	15,252	17,562	24,187	24,000	2,478	3,469	5,947	7,500	
R&M General	19,881	4,596	6,547	6,000	3,649	5,109	8,758	6,000	
Misc-Holiday Lighting	4,485	1,345	3,588	3,000	250	2,750	3,000	3,000	
Total Lighting	39,618	37,563	34,322	33,000	6,377	11,328	17,705	16,500	
Access Control
Contractual Services	77,624	83,448	83,057	86,520	35,837	50,683	86,520	86,520	
Utilities-Electric	4,414	6,117	8,360	10,000	2,637	3,692	6,329	7,500	
R&M Gate	4,456	6,809	6,785	3,580	2,448	3,427	5,875	5,000	
R&M Gatehouse	20,438	10,350	13,722	5,000	1,210	3,790	5,000	5,000	
Op Supplies - General	-	129	796	250	1,134	1,588	2,722	2,000	
Capital Outlay	-	-	10,000	-	-	-	-	-	
Total Access Control	106,931	106,853	122,720	105,350	43,266	63,180	106,446	106,020	
Maintenance: Landscape/Hardscape
Capital Outlay	-	
-	
46,300	
-	
-	
-	
-	
-	
Total Maintenance: Landscape/Hardscape	-	-	46,300	-	-	-	-	-	
Roadway Services
Repairs & Maintenance	-	
-	
4,812	
-	
-	
-	
-	
-	
Total Roadway Services	-	-	4,812	-	-	-	-	-	
								
TOTAL EXPENDITURES	615,105	608,212	902,870	650,878	296,758	332,230	628,988	623,808	

Hurricane Irma Expenses
Misc-FEMA Expenses	-	

41,052	

-	

-	

-	

-	

-	

-	
Total Hurricane Irma Expenses	-	41,052	-	-	-	-	-	-	
								
TOTAL EXPENDITURES	615,105	649,264	902,870	650,878	296,758	332,230	628,988	623,808	

Excess (deficiency) of revenues
Over (under) expenditures	16,733	

(54,380)	

(206,021)	

(38,270)	

253,265	

(230,019)	

23,246	

0	

Net change in fund balance	16,733	
(50,530)	
(206,021)	
(38,270)	
253,265	
(230,019)	
23,246	
0	
FUND BALANCE, BEGINNING	844,120	860,853	810,321	604,300	604,300	-	604,300	627,546	
FUND BALANCE, ENDING	 $ 860,853 $ 810,321 $ 604,300 $ 566,030 $ 857,565 $ (230,019) $ 627,546 $ 627,546 

Key Marco
Community Development District	General Fund

Budget Narrative
Fiscal Year 2020

Revenue

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

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

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

Expenditures

Expenditures – Administrative

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

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

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

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

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

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

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

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

Key Marco
Community Development District	General Fund

Budget Narrative
Fiscal Year 2020

Expenditures – Administrative (continued)

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

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

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

Office Supplies
Miscellaneous office supplies required to prepare agenda packages.

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

Expenditures – Maintenance and Landscaping

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

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

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

Expenditures –Irrigation Services

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

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

Access Control

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

KEY MARCO

Community Development District	General Fund

Exhibit "A"
Allocation of Fund Balances

AVAILABLE FUNDS

Beginning Fund Balance - Fiscal Year 2020

Amount

$	627,546

Net Change in Fund Balance - Fiscal Year 2020	0

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

Reserves - Fiscal Year 2020 Additions	-

ALLOCATION OF AVAILABLE FUNDS

Assigned Fund Balance

Operating Reserve - First Quarter Operating Capital		155,952	
	Subtotal	155,952	
			
Total Allocation of Available Funds		155,952	
			
Total Unassigned (undesignated) Cash		$	471,594	

Annual Operating Budget Fiscal Year 2020

Page 5

Key Marco
Community Development District

Supporting Budget Schedules
Fiscal Year 2020

KEY MARCO

Community Development District	All Funds

Comparison of Assessment Rates Fiscal Year 2020 vs. Fiscal Year 2019

	General Fund 001		Total	
	FY 2020	FY 2019	Percent
Change		Units	
	
$4,700.00	$4,700.00	0.0%		
134	

Annual Operating Budget Fiscal Year 2020
Page 6

Key Marco Community Improvement District	
Expenditure Report - General Fund	
For the Period(s) from Oct 01, 2018 to Mar 31, 2019	
				(Sorted by Department)						
Posting Date	
Account #	
Document #	Trans. Type	
Vendor Name	
Description	
Amount				

% of Budget	

42.1%				
 Account Name:  R&M-Trees and Trimming		
10/01/18	546099-53911-5000	239109	VENDOR	CRAWFORD LANDSCAPING LLC	ROW VINE REMOVAL	10,000.00				
10/09/18	546099-53911-5000	239195	VENDOR	CRAWFORD LANDSCAPING LLC	STUMP GRINDING	360.00				
12/03/18	546099-53911-5000	240004	VENDOR	CRAWFORD LANDSCAPING LLC	PLANTS/ROCKS FOR GATE HOUSE	747.00				
12/31/18	546099-53911-5000	JE000192	JE		R/C Crawford Invoices to 546965 fr 546099	(11,107.00)				
01/02/19	546099-53911-5000	240647	VENDOR	CRAWFORD LANDSCAPING LLC	TREE REMOVAL	420.00				
01/24/19	546099-53911-5000	240715	VENDOR	CRAWFORD LANDSCAPING LLC	TREE PRUNING/VINE REMOVAL	1,837.50				
										
					YTD Total	2,257.50				
					Annual Budget	$15,000.00				
					Amount Remaining / (Budget overage)	$12,742.50				
					% of Budget	15.1%				
 Account Name: R&M-Pressure Washing		
12/31/18	546171-53911-5000	JE000195	JE		OZ Pressure Cleaning - Guard House	190.00				
12/31/18	546171-53911-5000	JE000196	JE		OZ Pressure Cleaning - Pavers/sidewalks/Rocks	2,700.00				
12/31/18	546171-53911-5000	JE000197	JE		OZ Pressure Cleaning - Pavers cleaned	275.00				
										
					YTD Total	3,165.00				
					Annual Budget	$0.00				
					Amount Remaining / (Budget overage)	($3,165.00)				
					% of Budget	n/a				

 Account Name: Repairs & Maintenance		
10/13/18	546156-53915-5000	4034841	VENDOR	AQUAGENIX	RELOCATE AERATION BOX	470.00				
10/22/18	546156-53915-5000	102218	VENDOR	LUANNE F. KERINS	GARDEN HOSE/FERTILIZER	106.18				
10/31/18	546156-53915-5000	239391	VENDOR	CRAWFORD LANDSCAPING LLC	MNTHLY IRR INSPECTION/REPAIRS	          1,616.00 				
11/04/18	546156-53915-5000	110418	VENDOR	HERB KRUTISCH	HERB KRUTISCH REIMBURSEMENT	32.91				
11/28/18	546156-53915-5000	240006	VENDOR	CRAWFORD LANDSCAPING LLC	CULVERT TO DRAINS	 	420.00 				
11/30/18	546156-53915-5000	ACCRUALS	JE		Accrue Crawford Inv# 240077	4,310.00				
12/01/18	546156-53915-5000	ACCRUALS	JE		Accrue Crawford Inv# 240077	(4,310.00)				
12/03/18	546156-53915-5000	240077	VENDOR	CRAWFORD LANDSCAPING LLC	IRR REPAIRS	          4,310.00 				
12/27/18	546156-53915-5000	122718	VENDOR	KATIE MALINE	DIGITAL SOIL METER IRR	39.73				
12/31/18	546156-53915-5000	240397	VENDOR	CRAWFORD LANDSCAPING LLC	GATE HOUSE IRR REPAIR	 	216.00 				
12/31/18	546156-53915-5000	JE000194	JE		Move Lykins Signtek Inc, - Reinstall 2 signs	129.60				
01/17/19	546156-53915-5000	85672-6962	VENDOR	PROUT'S PLUMBING, INC.	BACKFLOW ADAPTERS	162.73	2,257.50	546099-53911	Account Name: R&M-Trees and Trimming	
01/31/19	546156-53915-5000	JE000201	JE		R/C AQUAGENIX MAINT - DEC 18 TO 546156 FR 534102	109.20	    9,289.00 	546156-53915	Account Name: Repairs & Maintenance	
02/28/19	546156-53915-5000	241028	VENDOR	CRAWFORD LANDSCAPING LLC	IRR REPAIRS	2,727.00	  11,546.50 	Crawford Landscaping	
03/05/19	546156-53915-5000	517453	VENDOR	 MAST WELL DRILLING INC		ACIDIZE W ELLS & PUMP WORK	4,195.00			
					YTD Total	14,534.35				
					Annual Budget	$20,000.00				
					Amount Remaining / (Budget overage)	$5,465.65				
					% of Budget	72.7%				

 Account Name: R&M-General		
10/18/18	546001-53921-5000	5653	VENDOR	CASAGRANDE ELECTRIC	STREET LIGHT REPAIR	653.00	2,702.00			
12/19/18	546001-53921-5000	6031	VENDOR	CASAGRANDE ELECTRIC	LIGHTING REPAIRS	814.00	    1,162.00 		
12/31/18	546001-53921-5000	JE000193	JE		R/C Casagrande Electric Light repair fr 546035 to 546001	947.00	    3,864.00 	Casagrande Electric	
01/24/19	546001-53921-5000	6157	VENDOR	CASAGRANDE ELECTRIC	REPAIR TO VARIOUS LIGHTS	1,235.00			
									
					YTD Total	3,649.00			
					Annual Budget	$6,000.00			
					Amount Remaining / (Budget overage)	$2,351.00			
					% of Budget	60.8%			

 Account Name: R&M-Gate									
10/01/18	546034-53952-5000	7146	VENDOR	CYPRESS ACCESS SYSTEMS, INC.	OCTOBER SERVICE CONTRACT	290.85			
10/03/18	546034-53952-5000	7322	VENDOR	CYPRESS ACCESS SYSTEMS, INC.	SWING GATE CONTROL BRD	588.74			
11/01/18	546034-53952-5000	7402	VENDOR	CYPRESS ACCESS SYSTEMS, INC.	NOVEMBER SERVICES	290.85			
11/02/18	546034-53952-5000	7613	VENDOR	CYPRESS ACCESS SYSTEMS, INC.	GATE COMPUTER REPAIR	400.00			
11/04/18	546034-53952-5000	110418	VENDOR	KATIE MALINE	GATEHOUSE / MALINE SUPPLIES	4.87			
12/03/18	546034-53952-5000	7650	VENDOR	CYPRESS ACCESS SYSTEMS, INC.	DECEMBER SERVICES	290.85			
01/01/19	546034-53952-5000	7818	VENDOR	CYPRESS ACCESS SYSTEMS, INC.	JANUARY 2019 SERVICES	290.85			
02/04/19	546034-53952-5000	7993	VENDOR	CYPRESS ACCESS SYSTEMS, INC.	FEBRUARY 2019 SERVICES	290.85			
03/05/19	546034-53952-5000	8853	VENDOR	CYPRESS ACCESS SYSTEMS, INC.	MARCH 2019 SERVICES	290.85			
									
					YTD Total	2,738.71			
					Annual Budget	$3,580.00			
					Amount Remaining / (Budget overage)	$841.29			
					% of Budget	76.5%			
 Account Name: R&M-Gatehouse								
10/01/18	546035-53952-5000	98170	VENDOR	LYKINS-SIGNTEK, INC.	REINSTALL 2 SIGNS	129.60			
10/15/18	546035-53952-5000	93	VENDOR	OZ PRESSURE CLEANING INC	PRESSURE CLEAN GUARD HOUSE	190.00			
10/18/18	546035-53952-5000	5653	VENDOR	CASAGRANDE ELECTRIC	STREET LIGHT REPAIR	 	947.00 			
10/19/18	546035-53952-5000	5581A	VENDOR	CASAGRANDE ELECTRIC	GRD HSE DIMMER REPLACED	 	215.00 	1,162.00 		
10/31/18	546035-53952-5000	111318A	VENDOR	MARIA AIDA LORA	9/20-10/11/18 GATE WASTE SRV	220.00			
11/13/18	546035-53952-5000	111318	VENDOR	MARIA AIDA LORA	10/18-11/8/18 WASTE SRV	220.00			
11/19/18	546035-53952-5000	99	VENDOR	OZ PRESSURE CLEANING INC	CLEANED PAVERS/SIDEW ALKS/ROCKS	2,700.00			
11/28/18	546035-53952-5000	101	VENDOR	OZ PRESSURE CLEANING INC	PAVERS CLEANED	275.00			
12/17/18	546035-53952-5000	121718	VENDOR	MARIA AIDA LORA	12/13-1/3/19 REFUSE SRV GATE	220.00			
12/17/18	546035-53952-5000	111718	VENDOR	MARIA AIDA LORA	11/15-12/6/18 REFUSE SRVS GATE	220.00			
12/31/18	546035-53952-5000	JE000193	JE		R/C Casagrande Electric Light repair fr 546035 to 546001	(947.00)			
12/31/18	546035-53952-5000	JE000194	JE		Move Lykins Signtek Inc, - Reinstall 2 signs	(129.60)			
12/31/18	546035-53952-5000	JE000195	JE		OZ Pressure Cleaning - Guard House	(190.00)			
12/31/18	546035-53952-5000	JE000196	JE		OZ Pressure Cleaning - Pavers/sidewalks/Rocks	(2,700.00)			
12/31/18	546035-53952-5000	JE000197	JE		OZ Pressure Cleaning - Pavers cleaned	(275.00)			
01/26/19	546035-53952-5000	8000427	VENDOR	MICHAEL R MORIARTY	LOCK REPAIR - SECURITY BLDG	115.00			
									
					YTD Total	1,210.00			
					Annual Budget	$5,000.00			
					Amount Remaining / (Budget overage)	$3,790.00			
					% of Budget	24.2%			
 Account Name: Op Supplies - General								
10/26/18	552001-53952-5000	102618	VENDOR	KATIE MALINE	OFFICE SUPPLIES/MALINE	886.77			
11/04/18	552001-53952-5000	110418	VENDOR	KATIE MALINE	GATEHOUSE / MALINE SUPPLIES	117.63			
11/16/18	552001-53952-5000	811160062	VENDOR	MARCO OFFICE SUPPLY, FURNITURE AND PRINTING, INC	OFFICE SUPPLIES	58.82			
12/05/18	552001-53952-5000	120518	VENDOR	KATIE MALINE	GATEHOUSE / MALINE SUPPLIES	41.10			
02/28/19	552001-53952-5000	030119	VENDOR	KATIE MALINE	CLEANING SUPPLIES & POSTAGE	29.18			
									
					YTD Total	1,133.50			
					Annual Budget	$250.00			
					Amount Remaining / (Budget overage)	($883.50)			
					% of Budget	453.4%			
					Access Control Department Total:	$43,648.54			

					TOTAL EXPENDITURES & OTHER FINANCING USES:	$ 316,453.99			

Key Marco Community Improvement District	
Expenditure Report - General Fund	
For the Period(s) from Mar 01, 2018 to Mar 31, 2019	
				(Sorted by Department)			
Posting Date	
Account #	
Document #	Trans. Type	
Vendor Name	
Description	
Amount	

DEPARTMENT NAME: IRRIGATION SERVICES	
 Account Name:  Utilities-Electric		
03/01/18	543041-53915-5000	ACCRUALS	JE		To accrue Electricity LCEC for Jan & Feb	(636.00)	
03/06/18	543041-53915-5000	VOID	VENDOR	VOID	NEED VOIDED CHECK FOR BANK	0.01	
03/06/18	543041-53915-5000	CR 030618	VENDOR	VOID	To clear voided check	(0.01)	
03/28/18	543041-53915-5000	ACCRUALS	JE		To accrue Electricity LCEC for Jan - Mar	860.00	
03/29/18	543041-53915-5000	ACCRUALS	JE		To accrue Electricity LCEC for Jan - Mar	(860.00)	
03/31/18	543041-53915-5000	ACCRUALS	JE		To accrue Electricity LCEC for Jan - Mar	860.00	
04/01/18	543041-53915-5000	ACCRUALS	JE		To accrue Electricity LCEC for Jan - Mar	(860.00)	
04/30/18	543041-53915-5000	JE000093	JE		R/C Org Unit fr 53921 to 53915 - Meter#3826863###### - Jan'1	20.51	
04/30/18	543041-53915-5000	JE000094	JE		R/C Org Unit fr 53921 to 53915 - Meter#9427356###### - Jan'1	20.51	
04/30/18	543041-53915-5000	JE000095	JE		R/C Org Unit fr 53921 to 53915 - Meter#9508901###### - Jan'1	179.19	
04/30/18	543041-53915-5000	JE000099	JE		R/C Org Unit fr 53921 to 53915 - Meter#3809488###### - Jan'1	20.51	
04/30/18	543041-53915-5000	JE000100	JE		R/C Org Unit fr 53952 to 53915 - Meter#3826863###### - Feb'1	20.51	
04/30/18	543041-53915-5000	JE000101	JE		R/C Org Unit fr 53952 to 53915 - Meter#9427356###### - Feb'1	20.51	
04/30/18	543041-53915-5000	JE000102	JE		R/C Org Unit fr 53952 to 53915 - Meter#9508901###### - Feb'1	20.51	
04/30/18	543041-53915-5000	JE000103	JE		R/C Org Unit fr 53952 to 53915 - Meter#3809488###### - Feb'1	20.51	
04/30/18	543041-53915-5000	JE000104	JE		R/C Org Unit fr 53952 to 53915 - Meter#3815801###### - Feb'1	20.51	
04/30/18	543041-53915-5000	JE000105	JE		R/C Org Unit fr 53921 to 53915 - Meter#3826863###### - Mar'1	20.51	
04/30/18	543041-53915-5000	JE000106	JE		R/C Org Unit fr 53921 to 53915 - Meter#9508901###### - Mar'1	20.51	
04/30/18	543041-53915-5000	JE000110	JE		R/C Org Unit fr 53921 to 53915 - Meter#3809488###### - Mar'1	20.51	
04/30/18	543041-53915-5000	JE000111	JE		R/C Org Unit fr 53921 to 53915 - Meter#3826863###### - Apr'1	20.51	
04/30/18	543041-53915-5000	JE000112	JE		R/C Org Unit fr 53921 to 53915 - Meter#9427356###### - Apr'1	20.51	
04/30/18	543041-53915-5000	JE000113	JE		R/C Org Unit fr 53921 to 53915 - Meter#9508901###### - Apr'1	20.51	
04/30/18	543041-53915-5000	JE000117	JE		R/C Org Unit fr 53921 to 53915 - Meter#3809488###### - Apr'1	20.51	
05/31/18	543041-53915-5000	JE000118	JE		R/C Org Unit fr 53921 to 53915 Meter#3826863######	20.51	
05/31/18	543041-53915-5000	JE000119	JE		R/C Org Unit fr 53921 to 53915 Meter#9508901######	20.51	
05/31/18	543041-53915-5000	JE000120	JE		R/C Org Unit fr 53921 to 53915 Meter#3809488######	20.51	
06/15/18	543041-53915-5000	061518-7121 ACH	VENDOR	LCEC - ACH	ELEC 5/17-6/15/18 #9961337121	102.55	
07/18/18	543041-53915-5000	071818-7121 ACH	VENDOR	LCEC - ACH	ELEC 6/16-7/15/18 #9961337121	20.51	
07/18/18	543041-53915-5000	071818-7121 ACH	VENDOR	LCEC - ACH	ELEC 6/16-7/15/18 #9961337121	24.95	
07/18/18	543041-53915-5000	071818-7121 ACH	VENDOR	LCEC - ACH	ELEC 6/16-7/15/18 #9961337121	20.51	
07/18/18	543041-53915-5000	071818-7121 ACH	VENDOR	LCEC - ACH	ELEC 6/16-7/15/18 #9961337121	6.31	
07/18/18	543041-53915-5000	071818-7121 ACH	VENDOR	LCEC - ACH	ELEC 6/16-7/15/18 #9961337121	20.51	
07/18/18	543041-53915-5000	071818-7121 ACH	VENDOR	LCEC - ACH	ELEC 6/16-7/15/18 #9961337121	20.51	
07/18/18	543041-53915-5000	071818-7121 ACH	VENDOR	LCEC - ACH	ELEC 6/16-7/15/18 #9961337121	20.51	
08/31/18	543041-53915-5000	JE000137	JE		R/C LCEC Electric for July to Org. 53952	(24.95)	
08/31/18	543041-53915-5000	JE000138	JE		R/C LCEC Electric for July to Org. 53952	(6.31)	
08/31/18	543041-53915-5000	JE000140	JE		R/C LCEC Elec for Aug to Org. 53915 Meter#3826863######	20.51	
08/31/18	543041-53915-5000	JE000141	JE		R/C LCEC Elec for Aug to Org. 53915 Meter#9427356######	20.51	
08/31/18	543041-53915-5000	JE000142	JE		R/C LCEC Elec for Aug to Org. 53915 Meter#9508901######	20.51	
08/31/18	543041-53915-5000	JE000147	JE		R/C LCEC Elec for Aug to Org. 53915 Meter#3809488######	20.51	
08/31/18	543041-53915-5000	JE000149	JE		R/C LCEC Elec for Aug to Org. 53915 Meter#3815801######	20.51	
09/12/18	543041-53915-5000	091218-7121 ACH	VENDOR	LCEC - ACH	ELEC 8/13-9/09/18 #9961337121	20.51	
09/12/18	543041-53915-5000	091218-7121 ACH	VENDOR	LCEC - ACH	ELEC 8/13-9/09/18 #9961337121	24.13	
09/12/18	543041-53915-5000	091218-7121 ACH	VENDOR	LCEC - ACH	ELEC 8/13-9/09/18 #9961337121	20.51	
09/12/18	543041-53915-5000	091218-7121 ACH	VENDOR	LCEC - ACH	ELEC 8/13-9/09/18 #9961337121	20.51	
09/12/18	543041-53915-5000	091218-7121 ACH	VENDOR	LCEC - ACH	ELEC 8/13-9/09/18 #9961337121	20.51	
09/12/18	543041-53915-5000	091218-7121 ACH	VENDOR	LCEC - ACH	ELEC 8/13-9/09/18 #9961337121	20.51	
09/30/18	543041-53915-5000	JE000165	JE	As of January 2018 - R/C from Diff Org#	R/C LCEC FEES - DEC 18 #1956462704######### FR 53952 TO 539	510.45	
09/30/18	543041-53915-5000	JE000166	JE	As of February 2018 - R/C from Diff Org#	R/C LCEC FEES - JAN 18 #1956462704######### FR 53952 TO 5391	591.64	
09/30/18	543041-53915-5000	JE000167	JE	As of March 2018 - R/C from Diff Org#	R/C LCEC FEES - FEB 18 #1956462704######### FR 53952 TO 5391	587.27	
09/30/18	543041-53915-5000	JE000168	JE	As of Apr 2018 - R/C from Diff Org#	R/C LCEC FEES - APR 18 #1956462704######### FR 53952 TO 539	664.49	
09/30/18	543041-53915-5000	JE000169	JE	As of May 2018 - R/C from Diff Org#	R/C LCEC FEES - MAY 18 #1956462704######### FR 53952 TO 539	538.29	
09/30/18	543041-53915-5000	JE000170	JE	As of July 2018 - R/C from Diff Org#	R/C LCEC FEES - JUL 18 #1956462704######### FR 53952 TO 5391	600.07	
09/30/18	543041-53915-5000	JE000171	JE	As of June 2018 - R/C from Diff Org#	R/C LCEC FEES - JUN 18 #1956462704######### FR 53952 TO 5391	615.11	
09/30/18	543041-53915-5000	JE000172	JE	As of August 2018 - R/C from Diff Org#	R/C LCEC FEES - AUG 18 #1956462704######### FR 53952 TO 539	512.29	
09/30/18	543041-53915-5000	JE000173	JE	Key Marco Community Assoc. Reimbursement	To Accrue Cash Receipt for HOA Fee for Electric	(337.59)	
09/30/18	543041-53915-5000	JE000181	JE		Close Income Statement	(6,218.97)	
10/26/18	543041-53915-5000	DEP00010	ANK ACCOUN	Key Marco Community Assoc. Reimbursement	CREDIT -LCEC A/C# 6251430000	(89.71)	
10/26/18	543041-53915-5000	JE000180	JE		R/C LCEC Credit for A/C# 6251430000 to Revenue	89.71	
11/01/18	543041-53915-5000	101218-0000 ACH	VENDOR	LCEC - ACH - As of September 2018	9/9-10/9/18 ELEC ACH	559.98	
12/03/18	543041-53915-5000	111218-0000 ACH	VENDOR	LCEC - ACH - As of October 2018	10/9-11/8/18 ELEC ACH	684.51	
12/10/18	543041-53915-5000	DEP00024	ANK ACCOUN	Key Marco Community Assoc. Reimbursement	Utilities-Electric	(90.45)	
12/31/18	543041-53915-5000	121218-0000 ACH	VENDOR	LCEC - ACH - As of November 2018	11/8-12/9/18 ELEC ACH	656.23	
12/31/18	543041-53915-5000	JE000191	JE		To Correct November Electric for LCEC	102.55	
01/08/19	543041-53915-5000	DEP00027	ANK ACCOUN	Key Marco Community Assoc. Reimbursement	Utilities-Electric- CREDIT A/C#6251430000	(100.56)	
01/16/19	543041-53915-5000	011619-0000 ACH	VENDOR	LCEC - ACH - As of December 2018	12/9-1/13/19 ELEC ACH	628.80	
03/18/19	543041-53915-5000	021519-0000 ACH	VENDOR	LCEC - ACH - As of January 2019	1/13-2/12 ELEC ACH #625143000	548.84	
					YTD Total	1,399.65	
					Annual Budget	$5,000.00	
					Amount Remaining / (Budget overage)	$3,600.35	
					% of Budget	28.0%	
					Irrigation Services Department Total:	$1,399.65	

DEPARTMENT NAME: LIGHTING	
 Account Name:  Utilities-Electric		
03/20/18	543041-53921-5000	032018-37121	VENDOR	LCEC - ACH	ELECTRIC SERVICES 2/12-3/14/18	2,430.19	
04/19/18	543041-53921-5000	37121-041918 ACH	VENDOR	LCEC - ACH	ELECTRIC SERVICES 3/15-4/14/18	1,214.04	
04/19/18	543041-53921-5000	CR 37121-041918 ACH	VENDOR	LCEC - ACH	LATE FEE CREDIT	(95.25)	
04/30/18	543041-53921-5000	JE000093	JE		R/C Org Unit fr 53921 to 53915 - Meter#3826863###### - Jan'1	(20.51)	
04/30/18	543041-53921-5000	JE000094	JE		R/C Org Unit fr 53921 to 53915 - Meter#9427356###### - Jan'1	(20.51)	
04/30/18	543041-53921-5000	JE000095	JE		R/C Org Unit fr 53921 to 53915 - Meter#9508901###### - Jan'1	(179.19)	

Key Marco Community Improvement District	
Expenditure Report - General Fund	
For the Period(s) from Mar 01, 2018 to Mar 31, 2019	
				(Sorted by Department)				
Posting Date	
Account #	
Document #	Trans. Type	
Vendor Name	
Description	
Amount		

04/30/18	

543041-53921-5000	

JE000096	

JE		

R/C Org Unit fr 53921 to 53952 - Meter#95720694####### - Jan	

(6.31)		
04/30/18	543041-53921-5000	JE000097	JE		R/C Org Unit fr 53921 to 53952 - Meter#9476951###### - Jan'1	(20.51)		
04/30/18	543041-53921-5000	JE000098	JE		R/C Org Unit fr 53921 to 53952 - Meter#9474493###### - Jan'1	(35.83)		
04/30/18	543041-53921-5000	JE000099	JE		R/C Org Unit fr 53921 to 53915 - Meter#3809488###### - Jan'1	(20.51)		
04/30/18	543041-53921-5000	JE000105	JE		R/C Org Unit fr 53921 to 53915 - Meter#3826863###### - Mar'1	(20.51)		
04/30/18	543041-53921-5000	JE000106	JE		R/C Org Unit fr 53921 to 53915 - Meter#9508901###### - Mar'1	(20.51)		
04/30/18	543041-53921-5000	JE000107	JE		R/C Org Unit fr 53921 to 53952 - Meter#95720694####### - Mar	(85.25)		
04/30/18	543041-53921-5000	JE000108	JE		R/C Org Unit fr 53921 to 53952 - Meter#9476951###### - Mar'1	(20.51)		
04/30/18	543041-53921-5000	JE000109	JE		R/C Org Unit fr 53921 to 53952 - Meter#9474493###### - Mar'1	(34.55)		
04/30/18	543041-53921-5000	JE000110	JE		R/C Org Unit fr 53921 to 53915 - Meter#3809488###### - Mar'1	(20.51)		
04/30/18	543041-53921-5000	JE000111	JE		R/C Org Unit fr 53921 to 53915 - Meter#3826863###### - Apr'1	(20.51)		
04/30/18	543041-53921-5000	JE000112	JE		R/C Org Unit fr 53921 to 53915 - Meter#9427356###### - Apr'1	(20.51)		
04/30/18	543041-53921-5000	JE000113	JE		R/C Org Unit fr 53921 to 53915 - Meter#9508901###### - Apr'1	(20.51)		
04/30/18	543041-53921-5000	JE000114	JE		R/C Org Unit fr 53921 to 53952 - Meter#95720694####### - Apr	(85.43)		
04/30/18	543041-53921-5000	JE000115	JE		R/C Org Unit fr 53921 to 53952 - Meter#9476951###### - Apr'1	(20.51)		
04/30/18	543041-53921-5000	JE000116	JE		R/C Org Unit fr 53921 to 53952 - Meter#9474493###### - Apr'1	(39.27)		
04/30/18	543041-53921-5000	JE000117	JE		R/C Org Unit fr 53921 to 53915 - Meter#3809488###### - Apr'1	(20.51)		
05/21/18	543041-53921-5000	052118-37121	VENDOR	LCEC - ACH	ELEC 4/15-5/16/18 #9961337121	2,581.42		
05/31/18	543041-53921-5000	JE000118	JE		R/C Org Unit fr 53921 to 53915 Meter#3826863######	(20.51)		
05/31/18	543041-53921-5000	JE000119	JE		R/C Org Unit fr 53921 to 53915 Meter#9508901######	(20.51)		
05/31/18	543041-53921-5000	JE000120	JE		R/C Org Unit fr 53921 to 53915 Meter#3809488######	(20.51)		
06/15/18	543041-53921-5000	061518-7121 ACH	VENDOR	LCEC - ACH	ELEC 5/17-6/15/18 #9961337121	40.19		
06/15/18	543041-53921-5000	061518-7121 ACH	VENDOR	LCEC - ACH	ELEC 5/17-6/15/18 #9961337121	2,279.38		
07/18/18	543041-53921-5000	071818-7121 ACH	VENDOR	LCEC - ACH	ELEC 6/16-7/15/18 #9961337121	2,279.38		
07/18/18	543041-53921-5000	071818-7121 ACH	VENDOR	LCEC - ACH	ELEC 6/16-7/15/18 #9961337121	39.92		
08/12/18	543041-53921-5000	081218-7121 ACH	VENDOR	LCEC - ACH	ELEC 7/16-8/12/18 #9961337121	2,598.95		
08/31/18	543041-53921-5000	JE000140	JE		R/C LCEC Elec for Aug to Org. 53915 Meter#3826863######	(20.51)		
08/31/18	543041-53921-5000	JE000141	JE		R/C LCEC Elec for Aug to Org. 53915 Meter#9427356######	(20.51)		
08/31/18	543041-53921-5000	JE000142	JE		R/C LCEC Elec for Aug to Org. 53915 Meter#9508901######	(20.51)		
08/31/18	543041-53921-5000	JE000143	JE		R/C LCEC Elec for Aug to Org. 53952 Meter#95720694#######	(92.77)		
08/31/18	543041-53921-5000	JE000144	JE		R/C LCEC Elec for Aug to Org. 53952 Meter#366076275#########	(6.31)		
08/31/18	543041-53921-5000	JE000145	JE		R/C LCEC Elec for Aug to Org. 53952 Meter#9476951######	(20.51)		
08/31/18	543041-53921-5000	JE000146	JE		R/C LCEC Elec for Aug to Org. 53952 Meter#9474493######	(34.01)		
08/31/18	543041-53921-5000	JE000147	JE		R/C LCEC Elec for Aug to Org. 53915 Meter#3809488######	(20.51)		
08/31/18	543041-53921-5000	JE000148	JE		R/C LCEC Elec for Aug to Org. 53952 Meter#3748489######	(24.50)		
08/31/18	543041-53921-5000	JE000149	JE		R/C LCEC Elec for Aug to Org. 53915 Meter#3815801######	(20.51)		
09/12/18	543041-53921-5000	091218-7121 ACH	VENDOR	LCEC - ACH	ELEC 8/13-9/09/18 #9961337121	2,319.02		
09/30/18	543041-53921-5000	JE000181	JE		Close Income Statement	(24,186.66)		
10/31/18	543041-53921-5000	ACCRUALS	JE		To accrue Electricity LCEC for Oct #1371402529#########	645.58		
11/01/18	543041-53921-5000	ACCRUALS	JE		To accrue Electricity LCEC for Oct #1371402529#########	(645.58)		
11/30/18	543041-53921-5000	JE000184	JE		To record LCEC Street lighting for Oct '18	927.08		
11/30/18	543041-53921-5000	JE000184	JE		To record LCEC Street lighting for Nov '18	1,011.61		
11/30/18	543041-53921-5000	ACCRUALS	JE		To accrue Electricity LCEC for November	83.41		
12/01/18	543041-53921-5000	ACCRUALS	JE		To accrue Electricity LCEC for November	(83.41)		
12/03/18	543041-53921-5000	111218-0000 ACH	VENDOR	LCEC - ACH - As of October 2018	10/9-11/8/18 ELEC ACH	83.41	R/C this to 53915?	
12/27/18	543041-53921-5000	DEP00026	ANK ACCOUN		Utilities-Electric-REIMB OF MARINA PK LIGHTS	(99.95)		
12/31/18	543041-53921-5000	121218-0000 ACH	VENDOR	LCEC - ACH - As of November 2018	11/8-12/9/18 ELEC ACH	83.41	R/C this to 53915?	
12/31/18	543041-53921-5000	JE000191	JE		To Correct November Electric for LCEC	2,322.33		
01/16/19	543041-53921-5000	011619-0000 ACH	VENDOR	LCEC - ACH - As of December 2018	12/9-1/13/19 ELEC ACH	84.19	R/C this to 53915?	
01/31/19	543041-53921-5000	JE000202	JE		Move LCEC credits to 543041 fr 369900	(2,028.40)		
03/18/19	543041-53921-5000	021519-0000 ACH	VENDOR	LCEC - ACH	1/13-2/12 ELEC ACH #625143000	93.98		
								
					YTD Total	(7,096.40)		
					Annual Budget	$15,000.00		
					Amount Remaining / (Budget overage)	$22,096.40		
					% of Budget	-47.3%		
					Lighting Department Total:	($7,096.40)		

DEPARTMENT NAME: ACCESS CONTROL						
 Account Name:  Utilities-Electric								
03/02/18	543041-53952-5000	030218-4146 ACH	VENDOR	COMCAST-ACH	3/15-4/14/18 INTERNET ACH	91.85		
03/04/18	543041-53952-5000	032718-9839ACH	VENDOR	CENTURY LINK-ACH	UTILITY CENTURYLNK #311469839	310.41		
03/09/18	543041-53952-5000	CR021118-37121	VENDOR	LCEC - ACH	Payment rejected from vendor	(1,196.95)		
03/19/18	543041-53952-5000	031918-30000	VENDOR	LCEC - ACH	ELECTRIC SERVICES 2/12-3/14/18	587.27		
03/26/18	543041-53952-5000	032618-67300	VENDOR	COLLIER COUNTY PUBLIC UTILITIES DEPT.	SERVICES 2/20-3/20/18	144.04		
03/30/18	543041-53952-5000	033018-29611	VENDOR	CITY OF MARCO ISLAND - ACH	GUARD GATE #29611	98.25		
04/02/18	543041-53952-5000	040218-24146	VENDOR	COMCAST-ACH	4/15-05/14/18 INTERNET ACH	110.85		
04/04/18	543041-53952-5000	040418-69839	VENDOR	CENTURY LINK-ACH	UTILITY CENTURYLNK #311469839	309.99		
04/30/18	543041-53952-5000	043018-29611	VENDOR	CITY OF MARCO ISLAND - ACH	GUARD GATE #29611	93.57		
04/30/18	543041-53952-5000	JE000096	JE		R/C Org Unit fr 53921 to 53952 - Meter#95720694####### - Jan	6.31		
04/30/18	543041-53952-5000	JE000097	JE		R/C Org Unit fr 53921 to 53952 - Meter#9476951###### - Jan'1	20.51		
04/30/18	543041-53952-5000	JE000098	JE		R/C Org Unit fr 53921 to 53952 - Meter#9474493###### - Jan'1	35.83		
04/30/18	543041-53952-5000	JE000100	JE		R/C Org Unit fr 53952 to 53915 - Meter#3826863###### - Feb'1	(20.51)		
04/30/18	543041-53952-5000	JE000101	JE		R/C Org Unit fr 53952 to 53915 - Meter#9427356###### - Feb'1	(20.51)		
04/30/18	543041-53952-5000	JE000102	JE		R/C Org Unit fr 53952 to 53915 - Meter#9508901###### - Feb'1	(20.51)		
04/30/18	543041-53952-5000	JE000103	JE		R/C Org Unit fr 53952 to 53915 - Meter#3809488###### - Feb'1	(20.51)		
04/30/18	543041-53952-5000	JE000104	JE		R/C Org Unit fr 53952 to 53915 - Meter#3815801###### - Feb'1	(20.51)		
04/30/18	543041-53952-5000	JE000107	JE		R/C Org Unit fr 53921 to 53952 - Meter#95720694####### - Mar	85.25		
04/30/18	543041-53952-5000	JE000108	JE		R/C Org Unit fr 53921 to 53952 - Meter#9476951###### - Mar'1	20.51		
04/30/18	543041-53952-5000	JE000109	JE		R/C Org Unit fr 53921 to 53952 - Meter#9474493###### - Mar'1	34.55		
04/30/18	543041-53952-5000	JE000114	JE		R/C Org Unit fr 53921 to 53952 - Meter#95720694####### - Apr	85.43		
04/30/18	543041-53952-5000	JE000115	JE		R/C Org Unit fr 53921 to 53952 - Meter#9476951###### - Apr'1	20.51		
04/30/18	543041-53952-5000	JE000116	JE		R/C Org Unit fr 53921 to 53952 - Meter#9474493###### - Apr'1	39.27		
05/02/18	543041-53952-5000	050218-24146 ACH	VENDOR	COMCAST-ACH	5/15-06/14/18 INTERNET	110.85		
05/04/18	543041-53952-5000	050418-69839 ACH	VENDOR	CENTURY LINK-ACH	UTILITY CENTURYLNK #311469839	310.48		
05/21/18	543041-53952-5000	052118-30000	VENDOR	LCEC - ACH	SERVICES 4/15-5/16/18	664.49		

Key Marco Community Improvement District	
Expenditure Report - General Fund	
For the Period(s) from Mar 01, 2018 to Mar 31, 2019	
				(Sorted by Department)			
Posting Date	
Account #	
Document #	Trans. Type	
Vendor Name	
Description	
Amount	

05/24/18	

543041-53952-5000	

052418-67300	

VENDOR	

COLLIER COUNTY PUBLIC UTILITIES DEPT.	

SERVICES 4/19-05/18/18	

147.03	
05/31/18	543041-53952-5000	2518	VENDOR	CITY OF MARCO ISLAND - ACH	GUARD GATE #29611	93.57	
05/31/18	543041-53952-5000	DEP00009	ANK ACCOUN		Utilities-Electric	(29.76)	
06/02/18	543041-53952-1000	060218-24146	VENDOR	COMCAST-ACH	6/15-07/14/18 INTERNET	110.85	
06/04/18	543041-53952-5000	060418-9839 ACH	VENDOR	CENTURY LINK-ACH	6/4-7/3/18 SERVICES	310.48	
06/07/18	543041-53952-5000	052118-30000 ACH	VENDOR	LCEC - ACH	ACH PAYMENT	695.32	
06/13/18	543041-53952-5000	CR 052418-67300	VENDOR	COLLIER COUNTY PUBLIC UTILITIES DEPT.	ACH AMT INCORRECT	(144.04)	
06/15/18	543041-53952-5000	061518-7121 ACH	VENDOR	LCEC - ACH	ELEC 5/17-6/15/18 #9961337121	170.77	
06/29/18	543041-53952-5000	062918-29611	VENDOR	CITY OF MARCO ISLAND - ACH	GUARD GATE #29611	93.57	
06/29/18	543041-53952-5000	062918-9611 ACH	VENDOR	CITY OF MARCO ISLAND - ACH	GUARD GATE #29611	93.57	
07/04/18	543041-53952-5000	070418-9839	VENDOR	CENTURY LINK-ACH	7/4-8/3/18 SERVICES	314.54	
07/12/18	543041-53952-5000	062018-0000 ACH	VENDOR	LCEC - ACH	SERVICES 5/17-6/15/18	538.29	
07/18/18	543041-53952-5000	071818-7121 ACH	VENDOR	LCEC - ACH	ELEC 6/16-7/15/18 #9961337121	95.22	
07/18/18	543041-53952-5000	071818-7121 ACH	VENDOR	LCEC - ACH	ELEC 6/16-7/15/18 #9961337121	33.28	
07/18/18	543041-53952-5000	071818-7121 ACH	VENDOR	LCEC - ACH	ELEC 6/16-7/15/18 #9961337121	20.51	
07/26/18	543041-53952-5000	070218-4146 ACH	VENDOR	COMCAST-ACH	7/15-08/14/18 INTERNET	110.85	
07/31/18	543041-53952-5000	073118-29611 ACH	VENDOR	CITY OF MARCO ISLAND - ACH	GUARD GATE #29611	93.57	
08/01/18	543041-53952-5000	073118-9611 ACH	VENDOR	CITY OF MARCO ISLAND - ACH	GUARD GATE #29611	93.57	
08/04/18	543041-53952-5000	080418-9839 ACH	VENDOR	CENTURY LINK-ACH	8/4-9/3/18 SERVICES #311469839	322.40	
08/15/18	543041-53952-5000	081518-0000 ACH	VENDOR	LCEC - ACH	7/16-8/12/18 ELEC ACH	600.07	
08/15/18	543041-53952-5000	071818-0000 ACH	VENDOR	LCEC - ACH	6/16-7/15/18 ELEC ACH	615.11	
08/24/18	543041-53952-5000	CR 062918-9611 ACH	VENDOR	CITY OF MARCO ISLAND - ACH	DUPLICATE PAYMENT	(93.57)	
08/24/18	543041-53952-5000	CR 073118-29611 ACH	VENDOR	CITY OF MARCO ISLAND - ACH	DUPLICATE PAYMENT	(93.57)	
08/27/18	543041-53952-5000	080218-4146 ACH	VENDOR	COMCAST-ACH	8/15-09/14/18 INTERNET	110.85	
08/31/18	543041-53952-5000	083118-ACH	VENDOR	CITY OF MARCO ISLAND - ACH	SW GUARD GATE AUG	93.57	
08/31/18	543041-53952-5000	083118-9611 ACH	VENDOR	CITY OF MARCO ISLAND - ACH	GUARD GATE #29611	93.57	
08/31/18	543041-53952-5000	JE000137	JE		R/C LCEC Electric for July to Org. 53952	24.95	
08/31/18	543041-53952-5000	JE000138	JE		R/C LCEC Electric for July to Org. 53952	6.31	
08/31/18	543041-53952-5000	JE000143	JE		R/C LCEC Elec for Aug to Org. 53952 Meter#95720694#######	92.77	
08/31/18	543041-53952-5000	JE000144	JE		R/C LCEC Elec for Aug to Org. 53952 Meter#366076275#########	6.31	
08/31/18	543041-53952-5000	JE000145	JE		R/C LCEC Elec for Aug to Org. 53952 Meter#9476951######	20.51	
08/31/18	543041-53952-5000	JE000146	JE		R/C LCEC Elec for Aug to Org. 53952 Meter#9474493######	34.01	
08/31/18	543041-53952-5000	JE000148	JE		R/C LCEC Elec for Aug to Org. 53952 Meter#3748489######	24.50	
09/02/18	543041-53952-5000	090218-4146 ACH	VENDOR	COMCAST-ACH	9/15-10/14/18 INTERNET ACH	110.85	
09/04/18	543041-53952-5000	090418-9839 ACH	VENDOR	CENTURY LINK-ACH	9/4-10/3/18 239-394-0982 ACH	322.80	
09/12/18	543041-53952-5000	091218-7121 ACH	VENDOR	LCEC - ACH	ELEC 8/13-9/09/18 #9961337121	6.31	
09/12/18	543041-53952-5000	091218-7121 ACH	VENDOR	LCEC - ACH	ELEC 8/13-9/09/18 #9961337121	34.01	
09/12/18	543041-53952-5000	091218-7121 ACH	VENDOR	LCEC - ACH	ELEC 8/13-9/09/18 #9961337121	20.51	
09/12/18	543041-53952-5000	091218-7121 ACH	VENDOR	LCEC - ACH	ELEC 8/13-9/09/18 #9961337121	85.08	
09/12/18	543041-53952-5000	091218-0000 ACH	VENDOR	LCEC - ACH	8/13-9/09/18 ELEC ACH	512.29	
09/28/18	543041-53952-5000	092818 ACH	VENDOR	CITY OF MARCO ISLAND - ACH	SW GUARD GATE SEPTEMBER	93.57	
09/30/18	543041-53952-5000	JE000165	JE		R/C LCEC FEES - DEC 18 #1956462704######### FR 53952 TO 539	(510.45)	
09/30/18	543041-53952-5000	JE000166	JE		R/C LCEC FEES - JAN 18 #1956462704######### FR 53952 TO 5391	(591.64)	
09/30/18	543041-53952-5000	JE000167	JE		R/C LCEC FEES - FEB 18 #1956462704######### FR 53952 TO 5391	(587.27)	
09/30/18	543041-53952-5000	JE000168	JE		R/C LCEC FEES - APR 18 #1956462704######### FR 53952 TO 539	(664.49)	
09/30/18	543041-53952-5000	JE000169	JE		R/C LCEC FEES - MAY 18 #1956462704######### FR 53952 TO 539	(538.29)	
09/30/18	543041-53952-5000	JE000170	JE		R/C LCEC FEES - JUL 18 #1956462704######### FR 53952 TO 5391	(600.07)	
09/30/18	543041-53952-5000	JE000171	JE		R/C LCEC FEES - JUN 18 #1956462704######### FR 53952 TO 5391	(615.11)	
09/30/18	543041-53952-5000	JE000172	JE		R/C LCEC FEES - AUG 18 #1956462704######### FR 53952 TO 539	(512.29)	
09/30/18	543041-53952-5000	JE000181	JE		Close Income Statement	(8,249.20)	
09/30/18	543041-53952-1000	JE000181	JE		Close Income Statement	(110.85)	
10/02/18	543041-53952-5000	100218-4146	VENDOR	COMCAST-ACH	10/15-11/14/18 INTERNET ACH	110.85	
10/04/18	543041-53952-5000	100418-9839	VENDOR	CENTURY LINK-ACH	10/4-11/3/18 SERVICE ACH	323.71	
10/31/18	543041-53952-5000	2454 ACH	VENDOR	CITY OF MARCO ISLAND - ACH	OCTOBER SW GUARD GATE	93.57	
10/31/18	543041-53952-5000	ACCRUALS	JE		To accrue Electricity LCEC for Oct #1371402529#########	178.95	
11/01/18	543041-53952-5000	ACCRUALS	JE		To accrue Electricity LCEC for Oct #1371402529#########	(178.95)	
11/02/18	543041-53952-5000	110218-4146 ACH	VENDOR	COMCAST-ACH	11/15-12/14/18 INTERNET ACH	110.85	
11/02/18	543041-53952-5000	101218-7121 A	VENDOR	LCEC - ACH	9/9/18-10/9/18 ELEC ACH	2,603.83	
11/04/18	543041-53952-5000	110418-9839 ACH	VENDOR	CENTURY LINK-ACH	11/4-12/3/18 SERVICE ACH	324.70	
11/30/18	543041-53952-5000	113018-29611 ACH	VENDOR	CITY OF MARCO ISLAND - ACH	WATER FOR GUARD GATE	92.67	
11/30/18	543041-53952-5000	ACCRUALS	JE		To accrue Electricity LCEC for November	92.67	
12/01/18	543041-53952-5000	ACCRUALS	JE		To accrue Electricity LCEC for November	(92.67)	
12/02/18	543041-53952-5000	120218-4146 ACH	VENDOR	COMCAST-ACH	12/15-1/14/18 INTERNET ACH	110.85	
12/25/18	543041-53952-5000	2450 ACH	VENDOR	CITY OF MARCO ISLAND - ACH	NOVEMBER GUARD HOUSE SRV	92.67	
12/27/18	543041-53952-5000	120418-9839 ACH	VENDOR	CENTURY LINK-ACH	12/4-1/3/19 SERVICE ACH	324.70	
12/31/18	543041-53952-5000	JE000191	JE		To Correct November Electric for LCEC	(2,424.88)	
01/02/19	543041-53952-5000	2447 ACH	VENDOR	CITY OF MARCO ISLAND - ACH	DECEMBER SW GRD GATE ELECTRIC	92.67	
01/02/19	543041-53952-5000	CM 2447 ACH	VENDOR	CITY OF MARCO ISLAND - ACH	DUPLICATE PAYMENT	(92.67)	
01/04/19	543041-53952-5000	010419-9839	VENDOR	CENTURY LINK-ACH	1/4-2/3/19 SERVICE ACH	321.62	
01/28/19	543041-53952-5000	010219-24146 ACH	VENDOR	COMCAST-ACH	1/15-2/14/19 SERV ACH #0224146	112.97	
01/31/19	543041-53952-5000	CR 083118-ACH	VENDOR	CITY OF MARCO ISLAND - ACH	DUPLICATE ACH	(93.57)	
01/31/19	543041-53952-5000	013119-9611	VENDOR	CITY OF MARCO ISLAND - ACH	JANUARY SW GRD GATE ELECTRIC	92.67	
02/02/19	543041-53952-5000	020219-4146 ACH	VENDOR	COMCAST-ACH	2/15-3/14/19 INTERNET ACH	113.14	
02/04/19	543041-53952-5000	020419-9839 ACH	VENDOR	CENTURY LINK-ACH	2/4-3/3/19 INTERNET ACH	326.56	
03/05/19	543041-53952-5000	022819-9611 ACH	VENDOR	CITY OF MARCO ISLAND - ACH	FEBRUARY SW GRD GATE ELECTRIC	92.67	
							
					YTD Total	(2,484.96)	
					Annual Budget	$10,000.00	
					Amount Remaining / (Budget overage)	$12,484.96	
					% of Budget	-24.8%	
					Access Control Department Total:	($2,484.96)	

					TOTAL EXPENDITURES & OTHER FINANCING USES:	$ (8,181.71)	

Key Marco Community Improvement District	
Expenditure Report - General Fund	
For the Period(s) from Mar 01, 2018 to Mar 31, 2019	
				(Sorted by Department)			
Posting Date	
Account #	
Document #	Trans. Type	
Vendor Name	
Description	
Amount	

11/27/2018	549028 - 53921	Holiday	Lighting	Key Marco Association Reimbursement		(1,500.00)	
12/26/2017		Key Marco Association Reimbursement	Reimbursement for Quality Enterprises	(13,386.00)	

Key Marco Community Improvement District	
				Expenditure Report - General Fund			
For the Period(s) from Mar 20, 2019 to Apr 08, 2019	
				(Sorted by Department)			
Posting Date	
Account #	
Document #	Trans. Type	
Vendor Name	
Description	
Amount	

DEPARTMENT NAME: LEGISLATIVE	
 Account Name:   P/R-Board of Supervisors		
03/21/19	511001-51101-6000	PAYRO00008	PAYROLL	Summary of March 21, 2019 Payroll Posting	800.00	
						
					YTD Total	800.00	
					Annual Budget	$9,600.00	
					Amount Remaining / (Budget overage)	$8,800.00	
					% of Budget	8.3%	
 Account Name:   FICA Taxes		
03/21/19	521001-51101-6000	PAYRO00008	PAYROLL	Summary of March 21, 2019 Payroll Posting	61.20	
						
					YTD Total	61.20	
					Annual Budget	$734.00	
					Amount Remaining / (Budget overage)	$672.80	
					% of Budget	8.3%	
					Legislative Department Total:	$861.20	

DEPARTMENT NAME: FINANCIAL AND ADMINISTRATIVE	
 Account Name:   ProfServ-Tax Collector		
					YTD Total	-	
					Annual Budget	$12,596.00	
					Amount Remaining / (Budget overage)	$12,596.00	
					% of Budget	0.0%	
 Account Name:   Accounting Services		
					YTD Total	-	
					Annual Budget	$14,150.00	
					Amount Remaining / (Budget overage)	$14,150.00	
					% of Budget	0.0%	
 Account Name:  Postage		
					YTD Total	-	
					Annual Budget	$150.00	
					Amount Remaining / (Budget overage)	$150.00	
					% of Budget	0.0%	
 Account Name:   Rentals & Leases		
					YTD Total	-	
					Annual Budget	$300.00	
					Amount Remaining / (Budget overage)	$300.00	
					% of Budget	0.0%	
 Account Name:   Legal Advertising		
					YTD Total	-	
					Annual Budget	$4,000.00	
					Amount Remaining / (Budget overage)	$4,000.00	
					% of Budget	0.0%	
 Account Name:   Miscellaneous Services		
					YTD Total	-	
					Annual Budget	$750.00	
					Amount Remaining / (Budget overage)	$750.00	
					% of Budget	0.0%	
 Account Name:   Misc-Contingency		
03/20/19	549900-51301-5000	CREDIT CARD	JE	CREDIT CARD FEES		0.70	
03/21/19	549900-51301-5000	CREDIT CARD	JE	CREDIT CARD FEES		0.28	
03/24/19	549900-51301-5000	CREDIT CARD	JE	CREDIT CARD FEES		4.19	
03/25/19	549900-51301-5000	CREDIT CARD	JE	CREDIT CARD FEES		0.14	
03/26/19	549900-51301-5000	CREDIT CARD	JE	CREDIT CARD FEES		0.56	
03/27/19	549900-51301-5000	CREDIT CARD	JE	CREDIT CARD FEES		0.98	
03/28/19	549900-51301-5000	CREDIT CARD	JE	CREDIT CARD FEES		1.26	
03/31/19	549900-51301-5000	CREDIT CARD	JE	CREDIT CARD FEES		3.21	

Key Marco Community Improvement District
Expenditure Report - General Fund
For the Period(s) from Mar 20, 2019 to Apr 08, 2019 (Sorted by Department)

Amount

Description

Vendor Name

Trans.
Document #	Type

Account #

Posting Date

YTD Total	11.32
Annual Budget	$0.00

Amount Remaining / (Budget overage)	($11.32)
% of Budget	n/a

 Account Name:   Transcript Cost	
YTD Total	-	
Annual Budget	$2,400.00	
Amount Remaining / (Budget overage)	$2,400.00	
% of Budget	0.0%	

 Account Name:   Computer Support	
YTD Total	-	
Annual Budget	$600.00	
Amount Remaining / (Budget overage)	$600.00	
% of Budget	0.0%	

 Account Name:   Office Supplies	
YTD Total	-	
Annual Budget	$500.00	
Amount Remaining / (Budget overage)	$500.00	
% of Budget	0.0%	

Financial And Administrative Department Total:	$11.32

DEPARTMENT NAME: IRRIGATION SERVICES

 Account Name:   Contractual Services	
YTD Total	-	
Annual Budget	$6,100.00	
Amount Remaining / (Budget overage)	$6,100.00	
% of Budget	0.0%	

 Account Name:   Utility - Water	
YTD Total	-	
Annual Budget	$15,000.00	
Amount Remaining / (Budget overage)	$15,000.00	
% of Budget	0.0%	

 Account Name:  Utilities-Electric	
03/29/19	543041-53915-5000	DEP00031 ANK ACCOUN	Utilities-Electric		(118.22)	
						
	YTD Total	(118.22)	
	Annual Budget	$5,000.00	
	Amount Remaining / (Budget overage)	$5,118.22	
	% of Budget	-2.4%	

 Account Name:   Repairs & Maintenance	
YTD Total	-	
Annual Budget	$20,000.00	
Amount Remaining / (Budget overage)	$20,000.00	
% of Budget	0.0%	

 Account Name:   Land Lease	
YTD Total	-	
Annual Budget	$31,000.00	
Amount Remaining / (Budget overage)	$31,000.00	
% of Budget	0.0%	

Irrigation Services Department Total:	($118.22)

DEPARTMENT NAME: LIGHTING

 Account Name:  Utilities-Electric	

Key Marco Community Improvement District	
Expenditure Report - General Fund	
For the Period(s) from Mar 20, 2019 to Apr 08, 2019	
(Sorted by Department)	
Posting Date	
Account #	
Document #	Trans. Type	
Vendor Name	
Description	
Amount	

03/31/19	

543041-53921-5000	

JE000204	

JE		

LCEC Credit for Jan & Feb Streetlights #1956462704#########	

(213.26)	
							
					YTD Total	(213.26)	
					Annual Budget	$24,000.00	
					Amount Remaining / (Budget overage)	$24,213.26	
					% of Budget	-0.9%	
 Account Name:  R&M-General		
					YTD Total	-	
					Annual Budget	$6,000.00	
					Amount Remaining / (Budget overage)	$6,000.00	
					% of Budget	0.0%	
					Lighting Department Total:	($213.26)	

DEPARTMENT NAME: ACCESS CONTROL	
 Account Name:   Contractual Services		
					YTD Total	-	
					Annual Budget	$86,520.00	
					Amount Remaining / (Budget overage)	$86,520.00	
					% of Budget	0.0%	
 Account Name:  Utilities-Electric		
					YTD Total	-	
					Annual Budget	$10,000.00	
					Amount Remaining / (Budget overage)	$10,000.00	
					% of Budget	0.0%	
 Account Name:   R&M-Gate		
04/01/19	546034-53952-5000	9136	VENDOR	CYPRESS ACCESS SYSTEMS, INC.	APRIL SERVICE	290.85	
							
			YTD Total	290.85	
			Annual Budget	$3,580.00	
			Amount Remaining / (Budget overage)	$3,289.15	
			% of Budget	8.1%	
 Account Name:   R&M-Gatehouse						
			YTD Total	-	
			Annual Budget	$5,000.00	
			Amount Remaining / (Budget overage)	$5,000.00	
			% of Budget	0.0%	
 Account Name:   Op Supplies - General						
			YTD Total	-	
			Annual Budget	$250.00	
			Amount Remaining / (Budget overage)	$250.00	
			% of Budget	0.0%	
			Access Control Department Total:	$290.85	

			TOTAL EXPENDITURES & OTHER FINANCING USES:	$	831.89	

KEY MARCO CDD	
FEMA Reimbursements Received	

Deposit	Check	
Date	Amount	

11/30/2018	$	6,776	
12/14/2018	$	3,184	
12/27/2018	$	2,008	
12/27/2018	$	8,865	
3/7/2019	$	3,447	
3/7/2019	$	6,285	
3/7/2019	$	27,574	
3/7/2019	$	37,708	

Total	$	95,846