Seat 4: Doug Robertson (C.)		
Seat 1: James Mecsics (V.C.)		
Seat 3: Daniel Murphey (A.S.)		
Seat 2: Stanley Williams (A.S.)		
Seat 5: Carla Wright (A.S.)		

Lake Ashton II Community Development District
Continued Agenda

Monday December 17, 2018 9:30 a.m.
(Continuedfrom December 4, 2018)

Roll Call and Pledge of Allegiance

Approval of Meeting Agenda

Lake Ashton Clubhouse Ballroom 4141 Ashton Club Drive
Lake Wales, FL 33859

Public Comments on Specific Items on the Agenda (speakers will fill out a card and submit it to the District Manager prior to beginning of the meeting. Individuals providing speaker cards will also have an opportunity to speak prior to Board action.)

Consideration of Hopping Green & Sams Fee Agreement

Consideration of Agreement with Polk County Property Appraiser

Consideration of HFC Community Center Flooring Quotes

Adjournment

PARTIES

HOPPING GREEN & SAMS PA FEE AGREEMENT

THIS AGREEMENT is made and entered into by and between the following parties:
Lake Ashton II Community Development District ("Client") c/o Jill Cupps-Bums
Governmental Management Services, LLC 5385 N. Nob Hill Road
Sunrise, Florida 33351

and
Hopping Green & Sams PA ("HGS")
119 South Monroe Street, Suite 300 (32301)
P.O. Box 6526 Tallahassee, Florida 32314
SCOPE OF SERVICES
In consideration of the mutual undertakings and agreements contained herein, the parties agree as follows:
The Client agrees to employ and retain HGS as its legal representative m connection with the day-to-day operations of the District.
HGS accepts such employment and agrees to serve as attorney for and provide legal representation to the Client in connection with those matters referenced above.
CLIENT FILES
The files and work product materials ("Client File") of the Client generated or received by HGS will be maintained confidentially to the extent permitted by law and in accordance with the Florida Bar rules. At the conclusion of the representation, the Client File will be stored by HGS for a minimum of five (5) years. After the five (5) year storage period, the Client hereby acknowledges and consents that HGS may confidentially destroy or shred the Client File, unless HGS is provided a written request from the Client requesting return of the Client File, to which HGS will return the Client File at Client's expense.
FEES
The Client agrees to compensate HGS for services rendered in connection with any matters covered by this Agreement according to the standard hourly billing

 	 	 	

rates for individual HGS lawyers plus actual expenses incurred by HGS in accordance with the attached standard Expense Reimbursement Policy (Attachment A, incorporated herein by reference).

The hourly rates of Michael Eckert and Wesley Haber, the attorneys who are initially expected to handle the bulk of Client's work, are $370.00 and $335.00, respectively; associates and paralegals who are most likely to assist in this work are billed at standard hourly rates of $265.00 and $145.00, respectively. HGS' standard hourly billing rates are reevaluated annually prior to the beginning of the calendar year and are subject to change each year at that time. Client agrees to annual rate increases to the extent hourly rates are not increased beyond $15/hour for attorneys and paralegals working on this matter. To the extent practicable and consistent with the requirements of sound legal representation, HGS will attempt to reduce Client's bills by assigning each task to the person best able to perform it at the lowest rate so long as he or she has the requisite knowledge and experience.

HGS will include costs and expenses (including interest charges on past due statements) on its billing statements for Client reimbursement in accordance with the attached standard Expense Reimbursement Policy.
BILLING AND PAYMENT
The Client agrees to pay HGS monthly billings for fees and expenses incurred within thirty (30) days following receipt of a statement from HGS. HGS shall not be obligated to perform further legal services under this Fee Agreement if any such billing statement remains unpaid longer than thirty (30) days after submittal to and receipt by Client. Non-payment of billing statements shall be a basis for HGS to immediately withdraw from the representation without regard to remaining actions necessitating attention by HGS as part of the representation.

DEFAULT
In the event of a dispute arising under this Agreement, whether or not a lawsuit or other proceeding is filed, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs, including attorneys' fees and costs incurred in litigating entitlement to attorneys' fees and costs, as well as in determining or quantifying the amount of recoverable attorneys' fees and costs. The reasonable costs to which the prevailing party is entitled shall include costs that are taxable under any applicable statute, rule, or guideline, as well as non-taxable costs, including, but not limited to, costs of investigation, telephone charges, mailing and delivery charges, information technology support charges, consultant and expert witness fees, travel expenses, court reporter fees, and mediator fees, regardless of whether such costs are otherwise taxable. Venue of any such action shall be exclusive in the state courts of the Second Judicial Circuit in and for Leon County, Florida.

 	 	 	

CONFLICTS
It is important to disclose that HGS represents a number of special districts, trustees (including U.S. Bank National Association ("U.S. Banlc"), Regions Bank, and Wells Fargo National Association), bondholders, developers, and other entities throughout Florida relating to community development districts and other special districts. HGS understands that Client may enter into an agreement with U.S. Banlc or other trustee in connection with the issuance of bonds, and that Client may request that HGS simultaneously represent Client in connection with the issuance of bonds, while HGS is also representing U.S. Bank or other trustee on umelated matters. By accepting this Agreement, Client agrees that (1) Client was provided with an explanation of the implications of the common representation(s) and the advantages and risks involved; (2) HGS will be able to provide competent and diligent representation of Client, regardless of HGS' other representations, and (3) there is not a substantial risk that HGS' representation of Client would be materially limited by HGS' responsibilities to another client, a former client or a third person or by a personal interest. Acceptance of this fee proposal will constitute your waiver of any "conflict" with HGS' representation of various special districts, trustees, bondholders, developers, and other entities relating to community development districts and other special districts in Florida.
TERMINATION
Either party may terminate this Fee Agreement upon providing prior written notice to the other party at its regular place of business. All fees due and payable in accordance with this Agreement shall accrue and become payable pursuant to the terms of this Agreement through the date of termination.
EXECUTION OF AGREEMENT
This Agreement shall be deemed fully executed upon its signing by HGS and the Client. The contract formed between HGS and the Client shall be the operational contract between the parties.
ENTIRE CONTRACT
This Agreement constitutes the entire agreement between the parties. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

 	

Accepted and Agreed to:

LAKE ASHTON II COMMUNITY DEVELOPMENT DISTRICT

By:	Date:---------
ATTEST:

Secretary/Assistant Secretary

HOPPING GREEN & SAMS PA

By:	 Its: Vice President
Date:----------

HOPPING GREEN & SAMS PA
CDD EXPENSE REIMBURSEMENT POLICY
The following is Hopping Green & Sams' standard expense reimbursement policy for community development district representation. This policy applies unless a different arrangement has been negotiated based on the unique circumstances of a particular client or matter.
All expenses are billed monthly. Billings ordinarily reflect expenses for the most recent month, except where there are delays in receiving bills from third party vendors.

Teleconference Calls. All telephone charges are billed at an amount approximating actual cost.

Photocopying and Printing. In-house photocopying and printing is charged at $0.25 per page (black & white) and $0.50 per page (color). Outside copying is billed as a pass-through of the outside vendor's charges.

Facsimile. Outgoing facsimile transmissions are charged at $1.00 per page. There is no charge for incoming faxes.

Postage. Postage is billed at actual cost.
Overnight Delivery. Overnight delivery is billed at actual cost.

Local Messenger Service. Local messenger service is billed at 44.5 cents per mile pursuant to Section 112.061, Florida Statutes. Should the State increase the mileage allowance specified in Section 112.061, Florida Statutes, HGS shall, without further action, be entitled to reimbursement at the increased rate.

Computerized Legal Research. Charges for computerized legal research are billed at an amount approximating actual cost.

Travel. Travel (including air fare, rental cars, taxicabs, hotel, meals, tips, etc.) is billed at actual cost. Where air travel is required, coach class is used wherever feasible. Out-of-town mileage is billed at 44.5 cents per mile pursuant to Section 112.061, Florida Statutes. Should the State increase the mileage allowance specified in Section 112.061, Florida Statutes, HGS shall, without further action, be entitled to reimbursement at the increased rate. · Reasonable travel-related expenses for meals, lodging, gratuities, taxi fares, tolls, parking fees and business­ related telephone, telegraph and facsimile charges shall also be reimbursed.
Consultants. Unless prior arrangements are made, consultants are ordinarily employed directly by the client. Where consultants are employed by the firm, their charges are passed-through with no mark-up. The client is responsible for notifying the firm of any particular billing arrangements or procedures which the client requires of the consultant.

Other Expenses. Other outside expenses, such as court reporters, agency copies, etc. are billed at actual

cost.
Word Processing and Secretarial Overtime. No charge is made for word processing. No charge is made for secretarial overtime except in major litigation matters where unusual overtime demands are imposed.

ATTACHMENT A

 	 	

CONTRACT AGREEMENT
This Agreement made and entered into on Friday, December 07, 2018 by and between the Lake Ashton II Community Development District, a local unit of special purpose government of the State of Florida hereinafter referred to as the 'Special District', and Marsha M. Faux, Polk County Property Appraiser, a Constitutional Officer of the State of Florida, whose address is 255 North Wilson Ave., Bartow, FL 33830, hereinafter referred to as the 'Property Appraiser'.
Section 197.3632 Florida Statutes, provides that special assessments of non-ad valorem taxes levied by the Special District may be included in the assessment rolls of the County and collected in conjunction with ad valorem taxes as assessed by the Property Appraiser. Pursuant to that option, the Property Appraiser and the Special District shall enter into an agreement providing for reimbursement to the Property Appraiser of administrative costs, including costs of inception and maintenance, incurred as a result of such inclusion.
The parties herein agree that, for the 2019 tax year assessment roll, the Property Appraiser will include on the assessment rolls such special assessments as are certified to her by the Lake Ashton II Community Development District.
The term ofthis Agreement shall commence on January I, 2019 and shall run until December 31, 2019, the date of signature by the parties notwithstanding. This Agreement shall not automatically renew.

The Special District shall meet all relevant requirements of Section 197.3632 & 190.021 Florida Statutes.
The Special District shall furnish the Property Appraiser with up-to-date data concerning its boundaries and proposed assessments, and other information as requested by the Property Appraiser to facilitate in administering the non-ad valorem assessment in question. Specifically, the Special District shall provide proposed assessments no later than Friday, July 19, 2019, for inclusion on the 2019 TRIM notice which is statutorily mailed within 55 days of July 1. The Special District's assessments shall, as far as practicable, be uniform (e.g. one uniform assessment for maintenance, etc.) to facilitate the making of the assessments by the mass data techniques utilized by the Property Appraiser.
The Special District shall certify to the Property Appraiser the Special District's annual installment and levy no later than Friday, September 13, 2019. The Property Appraiser shall, using the information provided by the Special District, place the Special District's non ad-valorem special assessments on properties within the district for inclusion on the 2019 tax roll.

The Property Appraiser shall be compensated by the Special District for the administrative costs incurred in carrying out this Agreement at the rate of 1 % of the amount levied on the TRIM Notice. The Property Appraiser will require payment on or before Friday, September 13, 2019 for processing within the Property Appraiser budget year (October 1st	September 30th).
Ifthe actual costs of performing the services under this agreement exceed the compensation provided for in Paragraph 7, the amount of compensation shall be the actual costs of performing the services under this agreement.
If tax roll corrections are requested by the Special District, the Property Appraiser shall be compensated by the Special District for the administrative costs incurred at the rate of $5.00 for each tax roll correction exceeding ten (10) corrections per tax year.
The Special District shall indemnify and hold harmless, to the extent permitted by Florida law and without waiving its right of any applicable sovereign immunity, the Property Appraiser and all respective officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs ofdefense, which the Property Appraiser and all respective officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the negligent or intentional acts or omissions of the Special District or its employees, agents, servants, partners, principals, or subcontractors arising out of, relating to, or resulting from the performance of the Agreement. The Special District shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the Property Appraiser where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon.

EXECUTED on the date first above written By:

Special District Representative Print name
Title

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

Marsha M. Faux, Property Appraiser