Lake Ashton II Community Development District

Doug Robertson, Chairman Jim Mecsics, Vice Chairman
Stan Williams, Assistant Secretary Carla Wright, Assistant Secretary Bob Zelazny, Assistant Secretary

November 8, 2019

Governmental
Management Services

...

 	Commun 
5385 N. Nob Hill Road, Sunrise, Florida 33351
Phone: 954-721-8681 - Fax: 954-721-9202

November 6, 2019

Board of Supervisors Lake Ashton II
Community Development District

Dear Board Members:
A special meeting of the Board of Supervisors of Lake Ashton II Community Development District is scheduled for November 8, 2019 at 9:30 a.m. at the Lake Ashton Health & Fitness Center, 6052 Pebble Beach Boulevard, Winter Haven, Florida. Following is the advance agenda:
Roll Call and Pledge of Allegiance

Approval of Meeting Agenda

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)

Update and Discussion of Golf Course Acquisition

Discussion of Draft lnterlocal Agreement between Lake Ashton COD and Lake Ashton II COD Regarding the Acquisition, Operation and Maintenance of the Golf Club

Discussion and Review of Due Diligence Terms
Status Update and Discussion (Memo from District Counsel to be provided under separate cover)

Ratification or Approval of Due Diligence Agreements
Ratification of Agreement with Michael W. Springstead Engineering, LLC for Commercial Building Inspection Services

Consideration of Agreement with Parks Consulting Services, LLC for Phase I Environmental Site Assessment

Consideration of Agreement with Chastain-Skillman, Inc. for Professional Surveying Services

Review of Golf Course Asset Inspection Performed by  District  Engineer  (circulated separately via email for access to photo links)

Title Commitment Summary Memo

Consideration of Deficit Funding Agreement

Consideration of Proposals for Curb and Pavement Repairs

Supervisor Requests and General Public Comments

Adjournment

AGREEMENT BETWEEN THE LAKE ASHTON II COMMUNITY DEVELOPMENT DISTRICT AND MICHAEL W. SPRINGSTEAD ENGINEERING, LLC D/B/A MWS ENGINEERING FOR COMMERCIAL BIDLDING INSPECTION SERVICES

THIS  AGREEMENT  (the  "Agreement")  is  made  and  entered  into  this _	day of November 2019, by and between:

Lake Ashton II Community Development District, a local unit of special­ purpose government established pursuant to Chapter 190, Florida Statutes, and located in Polk County, Florida, whose mailing address is 135 West Central Boulevard, Suite 320, Orlando, Florida 32801 (the "District"); and

Michael W. Springstead Engineering, LLC d/b/a MWS Engineering,  a Florida limited liability company, whose mailing address is 12115 SE Sunset Harbor Road, Weirsdale, Florida 32195 ("Contractor").

RECITALS

WHEREAS, the District was established pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended, for the purpose of planning; constructing, installing, acquiring, financing, operating and/or maintaining certain public infrastructure improvements including recreational facilities, all of are located within the Lake Ashton residential golf development (hereinafter, the "Lake Ashton Community"); and

WHEREAS the District has entered into that certain Contract for Sale and Purchase (the "PSA") in order to acquire, own, operate and maintain all or a portion of that certain Golf Club (as defined in the PSA) (the "Acquisition") located within the Lake Ashton Community from its current joint owners, Lake Ashton Golf Club, Ltd., Lake Ashton Golf Club II, Ltd., and Ashton Golf-Eagle's Nest, LLC (collectively, "Seller"), including certain facilities as set forth in Exhibit A, which is attached hereto and incorporated herein by reference (the "Golf Facilities"); and

WHEREAS, accordingly the District has a need to retain a professional building inspector to provide commercial building inspection services, including structural, mechanical, electrical, and plumbing, relative to such Golf Facilities, as more particularly described in the attached Exhibit B, which is incorporated herein by reference (the "Services");

WHEREAS, the Contractor represents that it is licensed, qualified and capable of providing the services contemplated herein and has agreed to provide such services for the District in accordance with the terms of this Agreement; and

WHEREAS, the District and Contractor warrant and agree that they have all right, power and authority to enter into and be bound by this Agreement.

Now THEREFORE, in consideration of the recitals, agreements, and mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, the parties agree as follows:

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

SECTION 2.	SCOPE OF SERVICES; MANNER OF CONTRACTOR'S PERFORMANCE. The
duties, obligations and responsibilities of the Contractor are to provide the Services for the District as set forth in more detail in Exhibit B.

Contractor shall be solely responsible for the means, manner and methods by which its duties, obligations and responsibilities are met to the satisfaction of the District and in accordance with this Agreement. 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 ensure the completion of the Services.

This Agreement grants to Contractor the right to enter the lands that are subject to this Agreement for those purposes described in this Agreement, and Contractor hereby agrees to comply with all applicable laws, rules, ordinances and regulations affecting the provision of the Services. Prior to commencement of the Services, Contractor shall notify the Seller in writing of its intent to access the Golf Facilities for the purpose of performing the Services.

The Contractor shall only access the Clubhouse during normal business hours and shall use commercially reasonable efforts to ensure that such activities do not interfere with existing operations relative to the Golf Facilities.

The District hereby designates its District Manager 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 the Services.

Contractor shall use all due care to protect the property of the Seller, the District, its residents and landowners from damage and shall follow and be responsible for the completion of such services. Contractor agrees to repair any damage resulting from Contractor's activities and work within twenty-four (24) hours.

SECTION 3.	COMPENSATION.

As compensation for the completion of the Services, the District agrees to pay the Contractor Five Thousand Eight Hundred Thirty Dollars ($5,830), which amount includes all items, labor and materials necessary to complete such Services. The

Contractor shall invoice the District upon completion of the Services, and the District shall provide payment within thirty (30) days of receipt of such an invoice

If the District should desire additional work or services not provided in Exhibit B, 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 a work order, addendum, addenda, or change order 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. No additional services shall be provided by the Contractor unless done at the direction of the District.

SECTION 4.	INSURANCE.

The Contractor shall, at its own expense, maintain insurance during the performance of the Services pursuant to this Agreement, with limits of liability not less than the following:

Workers Compensation

General Liability
Bodily Injury (including contractual) Property Damage (including contractual)

Automobile Liability (if applicable)
Bodily Injury and Property Damage

Professional Liability for Errors and Omissions

statutory

$1,000,000 per occurrence;
$2,000,000 aggregate
$1,000,000 per occurrence;
$2,000,000 aggregate

$1,000,000 per occurrence;
$2,000,000 aggregate

$1,000,000

The Contractor shall furnish the District with the Certificate of Insurance evidencing compliance with the following requirements prior to accessing the Clubhouse:

Except for the Workers Compensation and Professional Liability for Errors and Omissions, the Districts and the Districts' agents, staff, consultants and supervisors, shall be named as additional insureds.

No certificate shall be acceptable to the District unless it provides that any change or termination within the policy periods of the insurance coverages, as certified, shall not be effective within thirty (30) days prior written notice to the District. Insurance coverage shall be from a reputable insurance carrier, licensed to conduct business in the State of Florida, and such carrier shall have a Best's Insurance Reports rating of at least A-, Class 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.

SECTION 5. INDEPENDENT CONTRACTOR. It is understood and agreed that at all times the relationship of Contractor and its employees, agents, representatives or anyone directly or indirectly employed by Contractor to the District is the relationship of an independent contractor and not that of an employee, agent, joint-venturer or partner of the District. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the District and Contractor or any of its employees, agents, representatives or anyone directly or indirectly employed by Contractor. The parties acknowledge that Contractor is not an employee for state or federal tax purposes. Contractor shall hire and pay all of Contractor's employees, agents, representatives or anyone directly or indirectly employed by Contractor, all of whom shall be employees of Contractor and not employees of the District and at all times entirely under Contractor's supervision, direction and control.

In particular, the District will not: i) Withhold FICA (Social Security) from Contractor's payments; ii) Make state or federal unemployment insurance contributions on Contractor's behalf; iii) Withhold state or federal income tax from payment to Contractor; iv) Make disability insurance contributions on behalf of Contractor; or v) Obtain workers' compensation insurance on behalf of Contractor.

SECTION  6.  COMPLIANCE  WITH GOVERNMENTAL REGULATIONS.	In performing its
obligations under this Agreement, Contractor and each of its employees, agents, subcontractors or anyone directly or indirectly employed by Contractor shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public or governmental authority having appropriate jurisdiction, including all laws, regulations and rules relating to immigration and/or the status of foreign workers. Contractor shall initiate, maintain, and supervise all safety precautions and programs in connection with its obligations herein. Contractor shall ensure that all of Contractor's employees, agents, subcontractors or anyone directly or indirectly employed by Contractor observe Contractor's rules and regulations of safety and conduct. Contractor shall take all reasonable precautions for the safety of and shall provide all reasonable protection to prevent damage, injury or loss to all of its employees, agents and subcontractors performing its obligations herein and other persons who may be affected, and any material, equipment and other property. Contractor shall remedy all damage or loss to any property caused in whole or in part by Contractor, its employees, agents, subcontractors or anyone directly or indirectly employed by Contractor, or by anyone for whose acts Contractor may be liable. Consistent with Section 9 provided for herein, Contractor shall indemnify District for all damage or losses it may incur or be exposed to because of Contractor or any of its employees, agents, subcontractors or anyone directly or indirectly employed by Contractor's failure to comply with the provisions contained herein.

SECTION 7.	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 actual damages 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.

SECTION  8.    ENFORCEMENT  OF AGREEMENT.    In the event  that  either party  is required to enforce this Agreement by court proceedings or otherwise, then the parties agree that the prevailing party shall be entitled to recover from the other all fees and costs incurred, including reasonable attorney's fees, paralegal fees and expert witness fees, and costs for trial, alternative dispute resolution, or appellate proceedings.

SECTION 9.    AMENDMENTS.    Amendments  to and  waivers of the provisions  contained in this Agreement may be made only by an instrument in writing which is executed by both the District and the Contractor.

SECTION 10. AUTHORIZATION. The execution of this Agreement has  been  duly authorized by the appropriate body or official of the District and the Contractor, both the District and the Contractor have complied with all the requirements of law, and both the District and the Contractor have full power and authority to comply with the terms and provisions of this Agreement.

SECTION 11. NOTICES. All notices, requests,  consents and other communications under this Agreement ("Notices") shall be in writing and shall be delivered, mailed by First Class Mail, postage prepaid, or overnight delivery service, to the parties, as follows:

If to Contractor:

If to District:

With a Copy to:

Michael W. Springstead Engineering, LLC, d/b/a MWS Engineering
12115 S.E. Sunset Harbor Rd. Weirsdale, Florida 32195 Attn: Michael W. Springstead
Email: mwspringstead@gmail.com

Lake Ashton II Community Development District c/o Governmental Management Services- Central Florida, LLC
135 West Central Boulevard, Suite 320
Orlando, Florida 32801 Attn: Jillian Burns
Email: jbums@gmscfl.com

Hopping Green & Sams PA
119 South Monroe Street, Suite 300

If to Seller:

With a Copy to:

Tallahassee, Florida 32301 Attn: Michael Eckert
Email: michaele@hgslaw.com

Ashton Golf-Eagle's Nest, LLC
500 South Florida Avenue, Suite 700
Lakeland, Florida 33801 Attention: Jim  D. Lee Telephone: (863) 647-1581 Email: jlee@leeandcompany.com

Clark, Campbell, Lancaster & Munson, P.A. 500 Florida Avenue, Suite 800
Lakeland, Florida 33801 Attention: Michael E. Workman Telephone: (863) 647-5337
E-mail: mworkman@cclmlaw.com

Except as otherwise provided in this Agreement, any Notice shall be deemed received only upon actual delivery at the address set forth above. Notices delivered after 5:00 p.m. (at the place of delivery) or on a non-business day, shall be deemed received on the next business day. If any time for giving Notice contained in this Agreement would otherwise expire on a non­ business day, the Notice period shall be extended to the next succeeding business day. Saturdays, Sundays, and legal holidays recognized by the United States government shall not be regarded as business days. Counsel for the District and counsel for the Contractor may deliver Notice on behalf of the District and the Contractor. Any party or other person to whom Notices are to be sent or copied may notify the other parties and addressees of any change in name or address to which Notices shall be sent by providing the same on five (5) days written notice to the parties and addressees set forth herein.

SECTION 12. ARM'S LENGTH TRANSACTION. This Agreement has been negotiated fully between the District and the Contractor as an arm's length transaction. Both parties participated fully in the preparation of this Agreement and received the advice of counsel. In the case of a dispute concerning the interpretation of any provision of this Agreement, both parties are deemed to have drafted, chosen, and selected the language, and the doubtful language will not be interpreted or construed against either the District or the Contractor.

SECTION 13. 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 corporation 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.

SECTION 14. ASSIGNMENT. Neither the District nor the Contractor may assign this Agreement or any monies to become due hereunder without the prior written approval of the other.

SECTION 15. APPLICABLE LAW AND VENUE, This Agreement and the prov1s10ns contained herein shall be construed, interpreted and controlled according to the laws of the State of Florida. Venue shall be in Polk County, Florida.

SECTION 16. INDEMNIFICATION.

Contractor agrees to defend, indemnify, and hold harmless the District and its officers, agents, employees, successors, assigns, members, affiliates, or representatives from any and all liability, claims, actions, suits, liens, demands, costs, interest, expenses, damages, penalties, fines, judgments against the District, or loss or damage, whether monetary or otherwise, arising out of, wholly or in part by, or in connection with the Services to be performed by Contractor, its subcontractors, its employees and agents in connection with this Agreement, including litigation, mediation, arbitration, appellate, or settlement proceedings with respect thereto. Additionally, nothing in this Agreement requires Contractor to indemnify the District for the District's percentage of fault if the District is adjudged to be more than 50% at fault for any claims against the District and Contractor as jointly liable parties; however, Contractor shall indemnify the District for any and all percentage of fault attributable to Contractor for claims against the District, regardless whether the District is adjudged to be more or less than 50% at fault. Contractor further agrees that nothing herein shall constitute or be construed as a waiver of the District's limitations on liability contained in section 768.28, Florida Statutes, or other statute.

Obligations under this section shall include the payment of all settlements, judgments, damages, liquidated damages, penalties, forfeitures, back pay awards, court costs, arbitration and/or mediation costs, litigation expenses, attorneys' fees, paralegal fees (incurred in court, out of court, on appeal, or in bankruptcy proceedings), any interest, expenses, damages, penalties, fines, or judgments against the District, all as actually incurred.

SECTION 17.	LIMITATIONS	ON    GOVERNMENTAL	LIABILITY.	Nothing	in	this
Agreement shall be deemed as a waiver of immunity or limits of liability of the District beyond any statutory limited waiver of immunity or limits of liability which may have been adopted by the Florida Legislature in Section 768.28, Florida Statutes, or other statute, and nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law.

SECTION 18. TERMINATION. The District agrees that the Contractor may terminate this Agreement for cause by providing thirty (30) days written notice of termination to the District; provided, however, that the District shall be provided a reasonable opportunity to cure any failure under this Agreement. The Contractor agrees that the District may terminate this Agreement immediately for cause by providing written notice of termination to the Contractor. The District shall provide thirty (30) days written notice of termination without cause. Upon any tennination of this Agreement, the Contractor shall be entitled to payment for all services rendered up until the effective termination of this Agreement, subject to whatever claims or off sets the District may have against the Contractor as the sole means of recovery for termination.

SECTION 19. 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 Jillian Burns ("Public Records Custodian"). Among other requirements  and to the extent applicable by law, the Contractor shall 1) keep and maintain public records required by the District to perform the service; 2) upon request by the Public Records Custodian, provide the District with the requested public records or allow the records to be inspected or copied within a reasonable time period at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes; 3) ensure that public records which are exempt or confidential, and exempt from public records disclosure requirements, are not disclosed except as authorized by law for the duration of the contract term and following the contract term if the Contractor does not transfer the records to the Public Records Custodian of the District; and 4) upon completion of the contract, transfer to the District, at no cost, all public records in Contractor's possession or, alternatively, keep, maintain and meet all applicable requirements for retaining public records pursuant to Florida laws. When such public records are transferred by the Contractor, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the District in a format that is compatible with Microsoft Word or Adobe PDF formats.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (407) 841-5524, JBURNS@GMSCFL.COM, OR AT 135 WEST CENTRAL BOULEYARD, SUITE 320, ORLANDO, FLORIDA 32801.
SECTION 20. SEVERABILITY. The invalidity or unenforceability of any one or more provisions of this Agreement shall not affect the validity or enforceability of the remaining portions of this Agreement, or any part of this Agreement not held to be invalid or unenforceable.

SECTION 21. HEADINGS FOR CONVENIENCE ONLY. The descriptive headings in this Agreement are for convenience only and shall  not control  nor affect the  meaning  or construction of any of the provisions of this Agreement.

SECTION 22. ENTIRE AGREEMENT. This instrument shall constitute the final and complete expression of the Agreement between the parties relating to the subject matter of this Agreement. To the extent any of the provisions of this Agreement are in conflict with the provisions of Exhibit B, this Agreement controls.

SECTION 23. SCRUTINIZED COMPANIES STATEMENT. Contractor certifies that it is not in violation of section 287.135, Florida Statutes, and is not prohibited from doing business with the District under Florida law, including but not limited to Scrutinized Companies with Activities in Sudan List or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. If Contractor is found to have submitted a false statement, has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria, or is now or in the future on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel, the District may immediately terminate this Agreement.

[Remainder of page intentionally left blank]

IN WITNESS WHEREOF, the District and the Contractor have executed this Agreement on the day and year first written above.

Attest:	LAKE ASHTON II COMMUNITY DEVELO MENT DISTRICT

Witness:	Michael W. Springstead Engineering, LLC, d/b/a MWS Engineering,
a Florida limited liability company

Exhibit A: ExhibitB:

Description of Golf Facilities Scope of Services

By: Michael W. Springstead Its: Manager

Digitally signed by Michael W Springstead Date: 2019.11.05
14:02:29 -05'00'

Exhibit A

Description of Golf Facilities

Clubhouse elements to be Inspected, if applicable (not inclusive):

Clubhouse, including parking area; standard golf clubhouse; small pro shop; restaurant; bar area.
1. Location: Eagles Nest, 4000 Mulligan Lane, Winter Haven, FL 33884
Parcel IDs:
26-29-24-690596-000120
26-29-24-690596-003780
26-29-24-690596-003820
27-29-19-865200-005400
27-29-19-865200-005940
Equipment Shed
i. Parcel ID: 26-29-24-690596-003770
Storage & Maintenance Area
i. Location: see attached Exhibit 31 to the PSA ii. Parcel ID: 27-29-19-865201-010630

Exhibit .B: Scope of Services

ENGINEERING

Lake Ashton II Community Development District 135 West Central Blvd., Suite 320
Orlando, FL 32801

July 8, 2019

RE: Structural, Mechanical, Electrical, and Plumbing Systems Evaluation for Golf Course Accessory Structures Located at Eagles Nest Golf Course, 4000 Mulligan Lane, Winter Haven, FL 33884

Dear District,

As requested, MWS Engineering, (MWSE) is pleased to present the following proposal for conducting the engineering reporting services as discussed for the above referenced project. This proposal presents our understanding of the scope of work along with the associated fees for conducting the services.

I am enclosing some documentation as listed below for your review:

A scope of services.
A fee estimate derived from the scope of services.
A letter agreement.
A fee schedule.

If this meets your approval, please contact us at your earliest convenience.

MWS Engineering appreciates the opportunity to submit this proposal and looks forward to working with you on this project. If you have any questions or require additional information at this time, please do not hesitate to contact us.

Sincerely yours, MWS Engineering

Michael W. Springstead, P.E.

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STRUCTURAL CONSULTING SPECIAL INSPECTION CIVIL
MWSENGINEERING.COM

ENGINEERING

STRUCTURAL, MECHANICAL, ELECTRICAL, AND PLUMBING REPORTING SCOPE OF SERVICES

Based on the documentation received and Information provided to us, MWS Engineering will provide structural engineering reporting services for the structures located and associated with Eagles Nest, 4000 Mulligan Lane, Winter Haven, FL 33884
Clubhouse + Parking Area (1 Building)
Equipment Shed (1 Building)
Storage and Maintenance Area (2 Buildings and a Portion of another)

Conditions: Structural reporting will be limited to and based upon structural observations of what is visible (we can remove ceiling tiles and hopefully access attic space if enclosed with permission from the owner). MWS will not do any destructive demolition to observe any structure. MWS Engineering will also limit any parking areas to surface observation and reporting without asphalt and/or pavement life evaluation (cursory observation to see if surface drainage is operating properly and general comments on condition). Research for/and permitting will also be excluded.

Visual observation and reporting of the electrical, mechanical and plumbing systems, assuming that the facility is in operation. Also allowing that electrical power is available, we will test the equipment and supply you with a written report as to the condition and expected remaining life of the equipment.

A final observation and opinion report will be provided in digital pdf format and will be signed and sealed by a Florida Licensed Professional Engineer.
Items not included are not limited to the following:
Systems design or reporting of other structures other listed in the above scope of services.
Application fees for any governmental agency permit submittal.

Site planning or grading plans.

Construction Inspections.
Resident project representative.

Land Surveying

Threatened or Endangered Species Surveys.

Historical Artifact Surveys.

Water or Wastewater Treatment Facilities or Operations.

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STRUCTURAL CONSULTING SPECIAL INSPECTION CIVIL
MWSENGINEERING.COM

ENGINEERING

CLIENT RESPONSIBIITIES

The following information, upon which MWS Engineering may rely, will be supplied to MWS Engineering, by the client as or if required.

Any and all structural and other pertinent drawings relative to the scope of work as listed above
Other accessory building structural plans or surveys as required.
Electrical power and operating water and wastewater systems.

OTHER CONSIDERATIONS

It is understood that MWS Engineering, has the right to rely on the data provided by the client in the execution of performing these services.

STRUCTURAL ENGINEERING FEE ESTIMATE

Structural Condition Report for the Buildings listed in the Scope of Services	$3950.00
Mechanical, Electrical, and Plumbing Systems Report	$1880.00

Total	$5830.00

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STRUCTURAL CONSULTING SPECIAL INSPECTION CIVIL
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...
...

ENGINEERING

AGREEMENT

MWS ENGINEERING, hereinafter referred to as "Engineer", and Lake Ashton II Community Development District hereinafter referred to as "Client", agrees as follows:

Pursuant to Client's request, Engineer agrees to perform the following service as listed in the scope of services and fee estimate attached.

In return for the services performed in paragraph (A) above, Client agrees to pay Engineer as follows: See attached fee Estimate.

Contract Total: Lump Sum. If lump sum is exceeded, Engineer's accrued hours will billed based on the attached hourly rate fee schedule. Invoices will be emailed with payment due by the end of the following week. All verbal requests and work beyond the scope of services outlined in this agreement shall constitute additional work and will be billed at the attached hourly rates. A finance charge of 1.5% per month will be added to any outstanding balance over thirty (30) days. All work included in this agreement will be discontinued for any outstanding balance over sixty (60) days.

A signed copy of this agreement will be the notice required to proceed.

If Engineer has to enforce the contract, Client acknowledges that he will be responsible for all attorney's fees and court costs.

The undersigned Guarantor(s) hereby guarantees to Engineer, the full and prompt payment of any amounts due. This Guaranty shall be binding upon the Guarantor(s) and his (their) respective successors and assigns.

If monthly invoices are not paid timely, we reserve the right to discontinue services until our account is brought current. The undersigned agrees that non-payment of invoices shall entitle us to discontinue services on your project.

Engineer's liability will be limited to the total contract fee.
DATED this Monday, July 8, 2019 ADDRESS:	MWS Engineering
12115 SE Sunset Harbor Rd

Weirsdale, Fl. 32195

By: 	_
(CLIENT) (WITNESS)

By: -:------::----,----

P.E.

Michael W, Springstead,

STRUCTURAL CONSULTING

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·. SPECIAL INSPECTION CIVIL
MWSl:NGINEERING.COM

ENGINEERING

MWS ENGINEERING
HOURLY FEE SCHEDULE FOR PROFESSIONAL SERVICES

ADMINISTRATION
Principal Secretary

ENGINEERING
Lic.ensed Professional Engineer, P.E. Project Engineer

$175.00 65.00

$150.00 120.00

TECHNICAL SUPPORT
Draftsman	$85.00

MISCELLANEOUS
Mileage-two wheel drive (per mile) Paper Prints

$0.56
Cost Plus 15%

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STRUCTURAL CONSULTING SPECIAL INSPECTION CIVIL
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THE HARTFORD
BUSINESS SERVICE CENTER
THE	3600 WISEMAN BLVD
HARTFORD	SAN ANTONIO TX 78251	November 5, 2019

Lake Ashton II Community Development District
135 W CENTRAL BLVD STE 320
ORLANDO FL 32801-2435

Account Information:

t
Contact Us

MICHAEL W. SPRINGSTEAD
ENGINEER, LL DBA MWS ENGINEERING

Policy Holder Details :

Business Service Center
Business Hours: Monday - Friday (7AM - 7PM Central Standard Time) Phone: (866) 467-8730
Fax: (888) 443-6112
Email: agency.services@thehartford.com
Website: https://business.thehartford.com

Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns.

Sincerely,
Your Hartford Service Team

WLTROOS

	DATE (MM/DDIYYYY)
11/05/2019	
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),
AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.	
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies} must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not
confer rights to the certificate holder in lieu of such endorsement(s).	
PRODUCER
EAGLE AMERICAN INS AGENCY LLC/PHS	CONTACT NAME:	(866) 467-8730	rAX		
				
21212068	(A/C, No, Ext):	(A/C, No):		
The Hartford Business Service Center				
3600 Wiseman Blvd	E-MAIL	
San Antonio, TX 78265	ADDRESS:	
		INSURER(S) AFFORDING COVERAGE	NAIC#	
INSURED	INSURER A:	Hartford Casualty Insurance Company	29424	
MICHAEL W. SPRINGSTEAD ENGINEER, LL DBA MWS	INSURERB:	Twin City Fire Insurance Company	29459	
ENGINEERING	INSURERC:	Hartford Accident and Indemnity Company	22357	
12115 SE SUNSET HARBOR RD	INSURERD:		
WEIRSDALE FL 32195-2317			
	INSURERE:		
	INSURERF:		

AC---R
I,_	--··

-.i,,	CERTIFICATE OF LIABILITY INSURANCE

COVERAGES

CERTIFICATE NUMBER:

REVISION NUMBER:

□

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.N01WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED  BY  THE  POLICIES  DESCRIBED  HEREIN  IS  SUBJECT  TO  ALL  THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR	'TYPE OF INSURANCE		ADDL SUBR	POLICY NUMBER		POLICYEFF		POUCYl:;XP	LIMITS LTR		1,.. .,.,    WVD		11.UAIQONYYYl	tMM1nn1VYYYl
COMMERCIAL GENERAL LIABILITY	EACH OCCURRENCE	$1,000,000
I-
CLAIMS-MADE0 OCCUR	DAMAGE TO RENTED	$300,000
I-	Q"EMI""'" '""' 0 - rrencel

	MED EXP (Any one person)	$10,000	
	X		21 SBM ZJ9688	05/20/2019	05/20/2020	PERSONAL & ADV INJURY	$1,000,000	
	
0LOC						PRODUCTS - COMP/OP AGG	$2,000,000	

X General Liability

GEN'L AGGREGATE LIMIT APPLIES PER:	GENERAL AGGREGATE	$2,000,000

A Fl	□

POLICY OTHER:

PJERCOT-

AUTOMOBILE LIABILl'TY	COMBINED SINGLE LIMIT	$500,000
I-	r Ea accident\
X  ANY AUTO	BODILY INJURY (Per person)
I-

C	ALL OWNED-	SCHEDULED
I-	AUTOS	-	AUTOS

X	21 UEC HF4553	12/01/2018	12/01/2019 BODILY INJURY (Per accident)

X

HIRED

NON-0\M'.IED	PROPERTY DAMAGE

AUTOS	X   AUTOS	(Per accident)

LX.. UMBRELLA LIAB

OCCUR	EACH OCCURRENCE	$1,000,000

I-	-4

MADE

A	EXCESS LIAB	CLAIMS-	X	21 SBM ZJ9688	05/20/2019
PEDI X JRETENTION $10,000

05/20/2020   AGGREGATE	$1,000,000

WORKERS COMPENSATION	IPER	I X IOTH-
AND EMPLOYERS' LIABILITY	STATUTE	ER

$1,000,000

ANY	YIN					E.L. EACH ACCIDENT	$1,000,000 B   PROPRIETOR/PARTNER/EXECUTIVE [		NIA	21 WEC VX2734	05/20/2019	05/20/2020
OFFICER/MEMBER EXCLUDED?	E.L. DISEASE -EA EMPLOYEE
(Mandatory in NH)
If yes, describe under	E.L. DISEASE - POLICY LIMIT	$1,000,000
DESCRIPTION OF OPERATIONS below
A	EMPLOYMENT PRACTICES	21 SBM ZJ9688	05/20/2019	05/20/2020	Each Claim Limit	$5,000
LIABILITY	Aggregate Limit	$5,000
DESCRIPTION OF OPERATIONS I LOCA710NS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
The certificate holder and districts agents, staff, consultants and supervisors are additional insured per the business liability coverage form SS0008, attached to the general liability policy and per the commercial automobile broad form HA991603 attached to the commercial auto policy.
CERTIFICATE HOLDER	CANCELLATION
Lake Ashton II Community Development District
135 W CENTRAL BLVD STE 320
ORLANDO FL 32801-2435	SHOULD ANY OF THE ABOVE DESCRIBED POLICIES  BE  CANCELLED BEFORE THE EXPIRATION DATE  THEREOF,  NOTICE  WILL  BE  DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.	
	AUTHORIZED REPRESENTATIVE
a £	c	

ACORD 25 (2016/03)

© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD

AGREEMENT BETWEEN LAKE ASHTON HCOMMUNITY DEVELOPMENT DISTRICT AND PARKS CONSULTING SERVICES, LLC
FOR PHASE I ENVIRONMENTAL SITE ASSESSMENT SERVICES

THIS   AGREEMENT   (the  "Agreement")   is  made  and   entered   into  this  _	day of

--------

, 2019, by and between:

Lake Ashton II Community Development District, a local unit of special­ purpose government established pursuant to Chapter 190, Florida Statutes, and located in Winter Haven, Florida, whose mailing address is 135 West Central Boulevard, Suite 320, Orlando, Florida 32801 (the "District"); and

Parks Consulting Services, LLC, a Florida limited liability company whose mailing address is 12135 Topaz Street, Clermont, Florida 34711 (the "Contractor").

RECITALS

WHEREAS, the District was established pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended, for the purpose of planning, constructing, installing, acquiring, financing, operating and/or maintaining certain public infrastructure improvements including recreational facilities, all of are located within the Lake Ashton residential golf development (hereinafter, the "Lake Ashton Community"); and

WHEREAS the District has entered into that certain Contract for Sale and Purchase (the "PSA") in order to acquire, own, operate and maintain all or a portion of that certain Golf Club (as defined in the PSA) (the "Acquisition") within the Lake Ashton Community from its current joint owners, Lake Ashton Golf Club, Ltd., Lake Ashton Golf Club II, Ltd., and Ashton Golf­ Eagle's Nest, LLC (collectively, "Seller"); and

WHEREAS, accordingly the District has a need to retain independent contractor to provide a Phase I Environmental Site Assessment relative to the Golf Club property described in Exhibit A (the "Property"), as such services more particularly described in Task II of the attached Exhibit B, which is incorporated herein by reference (the "Services"); and

WHEREAS, the Contractor represents that it is licensed, qualified and capable of  providing the Services and has agreed to provide such services for the District in accordance with the terms of this Agreement; and

WHEREAS, the District and Contractor warrant and agree that they have all right, power and authority to enter into and be bound by this Agreement.

Now THEREFORE, in consideration of the recitals, agreements, and mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, the parties agree as follows:

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

SECTION 2.	SCOPE OF SERVICES; MANNER OF CONTRACTOR'S PERFORMANCE. The
duties, obligations and responsibilities of the Contractor are to provide the Services for the District, as set forth in more detail in Task II of Exhibit B, which shall be completed by the Contractor within seven (7) calendar days of execution of this Agreement.

Contractor shall be solely responsible for the means, manner and methods by which its duties, obligations and responsibilities are met to the satisfaction of the District and in accordance with this Agreement. 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 ensure the completion of the Services.

This Agreement grants to Contractor the right to enter the lands that are subject to this Agreement for those purposes described in this Agreement, and Contractor hereby agrees to comply with all applicable laws, rules, ordinances and regulations affecting the provision of the Services. Prior to commencement of the Services, Contractor shall notify the Seller in writing of its intent to access the Property for the purpose of performing the Services.

The Contractor shall only access the Property during normal business hours and shall use commercially reasonable efforts to ensure that such activities do not interfere with existing operations relative to the Property.

The District hereby designates its District Manager 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 the Services.

Contractor shall use all due care to protect the prope1iy of the Seller, the District, its residents and Sellers from damage and shall follow and be responsible for the completion of such services. Contractor agrees to repair any damage resulting from Contractor's activities and work within twenty-four (24) hours.

SECTION 3.	COMPENSATION.

As compensation for the completion of the Services, the District agrees to pay the Contractor Two Thousand Four Hundred Eight Dollars ($2,480.00), which amount includes all items, labor and materials necessary to complete such Services. The Contractor shall invoice the District upon completion of the Services, and the District shall provide payment within thirty (30) days of receipt of such an invoice.

If the District should desire the services provided in Task I in Exhibit B ("Task I Services"), Contractor agrees to provide such Task I Services for the amount provided in Exhibit B. Should the District desire additional work or services not provided in Exhibit B, the Contractor agrees to negotiate in good faith to undertake such additional work or services. Upon the District's request to provide the Task I Services or other successful negotiations, the parties shall agree in writing to a work order, addendum, addenda, or change order 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. No additional services shall be provided by the Contractor unless done at the direction of the District.

SECTION 4.	INSURANCE.

The Contractor shall, at its own expense, maintain insurance during the performance of the Services pursuant to this Agreement, with limits of liability not less than the following:

Workers Compensation

General Liability
Bodily Injury (including contractual) Property Damage (including contractual)

Automobile Liability (if applicable)
Bodily Injury and Property Damage

Professional Liability for Errors and Omissions

statutory

$1,000,000 per occurrence;
$2,000,000 aggregate
$1,000,000 per occurrence;
$2,000,000 aggregate

$1,000,000 per occurrence;
$2,000,000 aggregate

$1,000,000

The Contractor shall furnish the District with the Certificate of Insurance evidencing compliance with the following requirements prior to accessing the Clubhouse:

Except for the Workers Compensation and Professional Liability for Errors and Omissions, the Districts and the Districts' agents, staff, consultants and supervisors, shall be named as additional insureds.

Lake Ashton Golf Club, Ltd., a Florida limited partnership, Lake Ashton Golf Club II, Ltd., a Florida limited partnership, and Ashton Golf-Eagle's Nest, LLC, a Florida limited liability company (collectively, "Seller"), shall be additional insured under the commercial general liability insurance only with respect to any commercial inspection activities by the insured and the insured's agents or contractors during such entry onto the Seller's Golf Club.

No certificate shall be acceptable to the District unless it provides that any change or

termination within the policy periods of the insurance coverages, as certified, shall not be effective within thirty (30) days prior written notice to the District. Insurance coverage shall be from a reputable insurance canier, licensed to conduct business in the State of Florida, and such canier shall have a Best's Insurance Reports rating of at least A-, Class 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.

SECTION 5.  INDEPENDENT CONTRACTOR.  It is understood and agreed that at all times the relationship of Contractor and its employees, agents, representatives or anyone directly or indirectly employed by Contractor to the District is the relationship of an independent contractor and not that of an employee, agent, joint venturer or partner of the District. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the District and Contractor or any of its employees, agents, representatives or anyone directly or indirectly employed by Contractor. The parties acknowledge that Contractor is not an employee for state or federal tax purposes. Contractor shall hire and pay all of Contractor's employees, agents, representatives or anyone directly or indirectly employed by Contractor, all of whom shall be employees of Contractor and not employees of the District and at all times entirely under Contractor's supervision, direction and control.

In particular, the District will not: i) Withhold FICA (Social Security) from Contractor's payments; ii) Make state or federal unemployment insurance contributions on Contractor's behalf; iii) Withhold state or federal income tax from payment to Contractor; iv) Make disability insurance contributions on behalf of Contractor; or v) Obtain workers' compensation insurance on behalf of Contractor.

SECTION 6.  COMPLIANCE  WITH GOVERNMENTAL  REGULATIONS.   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 repo1i 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, or employees, or with respect to terms, wages, hours, conditions of employment, safety appliances, or any other requirements applicable to the provision of services, or fails to comply with any requirement  of such agency  within five
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, effective immediately upon the giving of notice of termination.

SECTION 7.	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 actual damages and/or specific perfo1mance. 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.

SECTION 8. ENFORCEMENT OF AGREEMENT. In the event that either party is required to enforce this Agreement by court proceedings or otherwise, then the parties agree that the prevailing party shall be entitled to recover from the other all fees and costs incurred, including reasonable attorneys fees, paralegal fees and expert witness fees, and costs for trial, alternative dispute resolution, or appellate proceedings.

SECTION 9.  AMENDMENTS.  Amendments  to and waivers of the provisions contained in this Agreement may be made only by an instrument in writing which is executed by both the District and the Contractor.

SECTION 10. AUTHORIZATION. The execution of this Agreement has been duly authorized by the appropriate body or official of the District and the Contractor, both the District and the Contractor have complied with all the requirements of law, and both the District and the Contractor have full power and authority to comply with the terms and provisions of this Agreement.

SECTION 11. NOTICES. All notices, requests, consents and other communications under this Agreement ("Notices") shall be in writing and shall be delivered, mailed by First Class Mail, postage prepaid, or overnight delivery service, to the parties, as follows:

If to Contractor:

If to District:

With a Copy to:

Parks Consulting Services, LLC 12135 Topaz Street
Clermont, Florida 34711 Attn: Sean Parks
Email: sean@parksconsultingfl.com

Lake Ashton II Community Development District 135 West Central Boulevard, Suite 320
Orlando, Florida 32801 Attn: Jillian Burns
Email: jburns@gmscfl.com

Hopping Green & Sams, P.A.
119 South Monroe Street, Suite 300
Tallahassee, Florida 32301 Attn: Michael Eckert
Email: michaele@hgslaw.com

If to Seller:

With a Copy to:

Ashton Golf-Eagle's Nest, LLC
500 South Florida Avenue, Suite 700
Lakeland, Florida 33801 Attention: Jim D. Lee Telephone: (863) 647-1581 Email: jlee@leeandcompany.com

Clark, Campbell, Lancaster & Munson, P.A. 500 Florida Avenue, Suite 800
Lakeland, Florida 33801 Attention: Michael E. Workman Telephone: (863) 647-5337
E-mail: mworkman@cclmlaw.com

Except as otherwise provided in this Agreement, any Notice  shall  be  deemed  received only upon actual delivery at the address set forth above. Notices delivered after 5:00 p.m. (at the place of delivery) or on a non-business day, shall  be deemed  received  on the next  business  day.  If any time for giving Notice contained in this Agreement would otherwise expire on  a non­ business day, the Notice period shall be extended  to  the  next  succeeding  business  day.  Saturdays, Sundays, and legal holidays recognized by the United States government shall not be regarded as business days. Counsel for the District and counsel for the Contractor may deliver Notice on behalf of the District and the Contractor.  Any party  or other  person to whom  Notices are to be sent or copied may notify the other parties and addressees of any change in name or  address to which Notices shall  be sent  by providing  the same  on five  (5) days  written notice to the parties and addressees set forth herein.

SECTION 12. ARM'S LENGTH TRANSACTION. This  Agreement  has been negotiated fully between the District and the Contractor as an arm's length transaction. Both parties participated fully in the preparation of this Agreement and received the advice of counsel. In the case of a dispute concerning the interpretation of any provision of this Agreement, both parties are deemed to have drafted, chosen, and selected the language, and the doubtful language will not be interpreted or construed against either the District or the Contractor.

SECTION 13. 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 corporation 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.

SECTION 14. ASSIGNMENT. Neither the District nor the Contractor may assign this Agreement or any monies to become due hereunder without the  prior  written  approval  of the other.

SECTION 15. APPLICABLE LA w AND VENUE. This Agreement and the prov1S1ons contained herein shall be construed, interpreted and controlled according to the laws of the State of Florida. Venue shall be in Polk County, Florida.

SECTION 16.	INDEMNIFICATION.

Contractor agrees to defend, indemnify, and hold harmless the District and its officers, agents, employees, successors, assigns, members, affiliates, or representatives from any and all liability, claims, actions, suits, liens, demands, costs, interest, expenses, damages, penalties, fines, judgments against the District, or loss or damage, whether monetary or otherwise, arising out of, wholly or in part by, or in connection with the Services to be performed by Contractor, its subcontractors, its employees and agents in connection with this Agreement, including litigation, mediation, arbitration, appellate, or settlement proceedings with respect thereto. Additionally, nothing in this Agreement requires Contractor to indemnify the District for the District's percentage of fault if the District is adjudged to be more than 50% at fault for any claims against the District and Contractor as jointly liable parties; however, Contractor shall indemnify the District for any and all percentage of fault attributable to Contractor for claims against the District, regardless whether the District is adjudged to be more or less than 50% at fault. Contractor further agrees that nothing herein shall constitute or be construed as a waiver of the District's limitations on liability contained in section 768.28, Florida Statutes, or other statute.

Obligations under this section shall include the payment of all settlements, judgments, damages, liquidated damages, penalties, forfeitures, back pay awards, court costs, arbitration and/or mediation costs, litigation expenses, attorneys' fees, paralegal fees (incurred in court, out of court, on appeal, or in bankruptcy proceedings), any interest, expenses, damages, penalties, fines, or judgments against the District, all as actually incurred.

SECTION 17.	LIMITATIONS	ON	GOVERNMENTAL	LIABILITY.	Nothing	in	this
Agreement shall be deemed as a waiver of immunity or limits of liability of the District beyond any statutory limited waiver of immunity or limits of liability which may have been adopted by the Florida Legislature in Section 768.28, Florida Statutes, or other statute, and nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law.

SECTION 18. TERMINATION. The District agrees that the Contractor may terminate this Agreement for cause by providing thirty (30) days written notice of termination to the District; provided, however, that the District shall be provided a reasonable opportunity to cure any failure under this Agreement. The Contractor agrees that the District may terminate this Agreement immediately for cause by providing written notice of termination to the Contractor. The District shall provide thirty (30) days written notice of termination without cause. Upon any termination of this Agreement, the Contractor shall be entitled to payment for all services

rendered up until the effective termination of this Agreement, subject to whatever claims or off sets the District may have against the Contractor as the sole means of recovery for termination.

SECTION 19. 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 Jillian Burns ("Public Records Custodian"). Among other requirements and to the extent applicable by law, the Contractor shall 1) keep and maintain public records required by the District to perform the service; 2) upon request by the Public Records Custodian, provide the District with the requested public records or allow the records to be inspected or copied within a reasonable time period at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes; 3) ensure that public records which are exempt or confidential, and exempt from public records disclosure requirements, are not disclosed except as authorized by law for the duration of the contract term and following the contract term if the Contractor does not transfer the records to the Public Records Custodian of the District; and 4) upon completion of the contract, transfer to the District, at no cost, all public records in Contractor's possession or, alternatively, keep, maintain and meet all applicable requirements for retaining public records pursuant to Florida laws. When such public records are transferred by the Contractor, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the District in a format that is compatible with Microsoft Word or Adobe PDF formats.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF	PUBLIC	RECORDS	AT	(407)	841-5524, JBURNS@GMSCFL.COM, OR AT 135 WEST CENTRAL BOULEYARD, SUITE 320, ORLANDO, FLORIDA 32801.
SECTION 20. SEVERABILITY. The invalidity or unenforceability of any one or more provisions of this Agreement shall not affect the validity or enforceability of the remaining portions of this Agreement, or any part of this Agreement not held to be invalid or unenforceable.

SECTION 21. HEADINGS FOR CONVENIENCE ONLY. The descriptive headings in this Agreement are for convenience only and shall not control nor affect the meaning or construction of any of the provisions of this Agreement.

SECTION 22. ENTIRE AGREEMENT. This instrument shall constitute the final and complete expression of the Agreement between the parties relating to the subject matter of this Agreement. To the extent any of the provisions of this Agreement are in conflict with the provisions of Exhibit B, this Agreement controls.

SECTION 23. SCRUTINIZED COMPANIES STATEMENT.  Contractor  certifies that it is not in violation of section 287.135, Florida Statutes, and is not prohibited from doing business with the District under Florida law, including but not limited to Scrutinized Companies with Activities in Sudan List or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. If Contractor is found to have submitted a false statement, has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria, or is now or in the future on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel, the District may immediately terminate this Agreement

[Signatures on Next Page]

IN WITNESS WHEREOF, the District and the Contractor have executed this  Agreement  on the day and year first written above.

Attest:	LAKE ASHTON IICOMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairman,  Board of Supervisors

Witness:	PARKS CONSULTING SERVICES, LLC

By: Sean Parks Its: President

Exhibit A: Description of Property to be Inspected
Exhibit B: Scope of Services

Exhibit A

Description of Property to be Inspected
[Lake Ashton Golf Club II, Ltd Parcels] 26-29-24-690596-000130
26-29-24-690596-000140
26-29-24-690596-002940
26-29-24-690596-003620
26-29-24-690596-003621
26-29-24-690596-003622
26-29-24-690596-003623
26-29-24-690596-003630
26-29-24-690596-00363 l
26-29-24-690596-003632
26-29-24-690596-003633
26-29-24-690596-003634
26-29-24-690596-003640
26-29-24-690596-003641
26-29-24-690596-003642
26-29-24-690596-003650
26-29-24-690596-003770
26-29-24-690596-003790
26-29-24-690596-003800
26-29-24-690596-0038 l 0
26-29-24-690596-003830
26-29-24-690599-008780
26-29-24-690600-009770
27-29-19-865201-010660
27-29-19-865202-011980

[Ashton Golf-Eagle's Nest, LLC Parcels] 26-29-24-690596-000120
26-29-24-690596-003780
26-29-24-690596-003820
27-29-19-865200-005400
27-29-19-865200-005940

[Storage and Maintenance Building Parcel] 27-29-19-865201-010630

Exhibit B

Scope of Services

AGREEMENT BETWEEN THE LAKE ASHTON II COMMUNITY DEVELOPMENT DISTRICT AND CHASTAIN-SKILLMAN, INC. FOR.PROFESSIONAL SURVEYING SERVICES

THIS  AGREEMENT    (the  "Agreement")   is   made   and   entered   into  this  _	day of
 	,2019, by and between:

Lake Ashton II Community Development District, a local unit of special­ purpose government established pursuant to Chapter 190, Florida Statutes, and located in Polk County, Florida, whose mailing address is 135 West Central Boulevard, Suite 320, Orlando, Florida 32801 (the "District"); and

Chastain-Skillman, Inc., a Florida corporation, whose mailing address is 205 East Orange Street, Suite 110, Lakeland, Florida 33801 ("Contractor").

RECITALS

WHEREAS, the District was established pursuant to  the  Uniform  Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended, for the purpose of planning, constructing, installing, acquiring, financing, operating  and/or  maintaining  certain public infrastructure improvements including recreational facilities, all of are located within the Lake Ashton residential golf development (hereinafter, the "Lake Ashton Community"); and

WHEREAS, the District has entered into that certain Contract for Sale and Purchase (the "PSA") in order to acquire, own, operate and maintain all or a portion of that certain Golf  Club (as defined in the PSA) (the "Acquisition"), a portion of which is located on that certain real property identified in Exhibit A attached hereto and incorporated  herein (the "Property")  from its current joint owners, Lake Ashton Golf Club, Ltd., Lake Ashton Golf Club  II,  Ltd.,  and Ashton Golf-Eagle's Nest, LLC (collectively, "Seller"); and

WHEREAS, pursuant to the Acquisition, the District has a need to retain an independent contractor to provide an ALTA/NSPS Land Title Survey ("Survey") of the Property,  in accordance with minimum technical standards adopted by the State of Florida Department of Agriculture and Consumer Services, as it may be amended from time to time, as provided in this Agreement and as more particularly described in Exhibit B attached hereto and  incorporated herein (the "Services"); and

WHEREAS, the Contractor represents that it is licensed,  qualified  and  capable  of providing the Services contemplated herein and has agreed to provide such services  for  the District in accordance with the terms of this Agreement; and

WHEREAS, the District and Contractor warrant and agree that they have all  right, power and authority to enter into and be bound by this Agreement.

Now THEREFORE, in consideration of the recitals, agreements, and mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, the parties agree as follows:

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

SECTION 2.	SCOPE OF SERVICES; MANNER OF CONTRACTOR'S PERFORMANCE. The
duties, obligations and responsibilities of the Contractor are to provide the Services for the District as set forth in more detail in Exhibit B.

Contractor shall be solely responsible for the means, manner and methods by which its duties, obligations and responsibilities to provide the Services are met to the satisfaction of the District and in accordance with this Agreement. 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 ensure the completion of the Services.

This Agreement grants to Contractor the right to enter the lands that are subject to this Agreement for those purposes described in this Agreement, and Contractor hereby agrees to comply with all applicable laws, rules, ordinances and regulations affecting the provision of the Services. Prior to commencement  of  the  Services,  Contractor shall notify the Seller in writing of its intent to access the Property for the purpose of performing the Services.

The Contractor shall only access the Property during normal business hours and shall use commercially reasonable efforts to ensure that such activities do not interfere with existing operations relative to the Property.

The District hereby designates its District Manager 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 the Services.

Contractor shall use all due care to protect the property of the Seller, the District, its residents and landowners from damage and shall follow and be responsible for the completion of such services. Contractor agrees to repair any damage resulting from Contractor's activities and work within twenty-four (24) hours.

SECTION 3.	COMPENSATION.

As compensation for the completion of the Services, the District agrees to pay the Contractor Eighteen Thousand Nine Hundred Dollars ($18,900.00) for the Services identified as the updated Survey in Exhibit B, which amount includes all items, labor,

travel expenses, and materials necessary to complete such services. The Contractor shall invoice the District on a monthly basis and the District shall provide payment fifteen (15) days after receipt of such an invoice.

If the District should desire additional work or services not provided in Exhibit B, 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 a work order, addendum, addenda, or change order 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. No additional services shall be provided by the Contractor unless done at the direction of the District.

SECTION 4.	INSURANCE.

The Contractor shall, at its own expense, maintain  insurance  during  the performance of the Services pursuant to this Agreement, with limits of liability not less than the following:

Workers Compensation

General Liability
Bodily Injury (including contractual) Property Damage (including contractual)

Automobile Liability (if applicable)
Bodily Injury and Property Damage

Professional Liability for Errors and Omissions

statutory

$1,000,000 per occurrence;
$2,000,000 aggregate
$1,000,000 per occurrence;
$2,000,000 aggregate

$1,000,000 per occurrence;
$2,000,000 aggregate

$1,000,000

The Districts and the Districts' agents, staff, consultants and supervisors, shall  be named as additional insureds. The Contractor shall furnish the District with the Certificate of Insurance evidencing compliance with this requirement  prior  to accessing the Clubhouse. No certificate shall be acceptable to the District unless it provides that any change or termination within the policy periods of the insurance coverages, as certified, shall not be effective within sixty (60)  days  prior  written notice to the District. Insurance coverage shall be from a reputable insurance carrier, licensed to conduct business in the State of Florida, and such carrier  shall  have  a Best's Insurance Reports rating of at least A-, Class 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.

SECTION 5.  INDEPENDENT  CONTRACTOR.  It is understood  and agreed that at all times the relationship of Contractor and its employees, agents, representatives or anyone directly or indirectly employed by Contractor to the District is the relationship of an independent contractor and not that of an employee, agent, joint-venturer or partner of the District. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the District and Contractor or any of its employees, agents, representatives or anyone directly or indirectly employed by Contractor. The parties acknowledge that Contractor is not an employee for state or federal tax purposes. Contractor shall hire and pay all of Contractor's employees, agents, representatives or anyone directly or indirectly employed by Contractor, all of whom shall be employees of Contractor and not employees of the District and at all times entirely under Contractor's supervision, direction and control.

In particular, the District will not: i) Withhold FICA (Social Security) from Contractor's payments; ii) Make state or federal unemployment insurance contributions on Contractor's behalf; iii) Withhold state or federal income tax from payment to Contractor; iv) Make disability insurance contributions on behalf of Contractor; or v) Obtain workers' compensation insurance on behalf of Contractor.

SECTION 6. COMPLIANCE WITH GOVERNMENTAL REGULATIONS. In performing its
obligations under this Agreement, Contractor and each of its employees, agents, subcontractors or anyone directly or indirectly employed by Contractor shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public or governmental authority having appropriate jurisdiction, including all laws, regulations and rules relating to immigration and/or the status of foreign workers. Contractor shall initiate, maintain, and supervise all safety precautions and programs in connection with its obligations herein. Contractor shall ensure that all of Contractor's employees, agents, subcontractors or anyone directly or indirectly employed by Contractor observe Contractor's rules and regulations of safety and conduct. Contractor shall take all reasonable precautions for the safety of and shall provide all reasonable protection to prevent damage, injury or loss to all of its employees, agents and subcontractors performing its obligations herein and other persons who may be affected, and any material, equipment and other property. Contractor shall remedy all damage or loss to any property caused in whole or in part by Contractor, its employees, agents, subcontractors or anyone directly or indirectly employed by Contractor, or by anyone for whose acts Contractor may be liable. Consistent with Section 9 provided for herein, Contractor shall indemnify District for all damage or losses it may incur or be exposed to because of Contractor or any of its employees, agents, subcontractors or anyone directly or indirectly employed by Contractor's failure to comply with the provisions contained herein.

SECTION 7.	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 actual damages 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.

SECTION 8. ENFORCEMENT  OF AGREEMENT.   In the event that either party is required to enforce this Agreement by court proceedings or otherwise, then the parties agree that the prevailing party shall be entitled to recover from the other all fees and costs incurred, including reasonable attorney's fees, paralegal fees and expert witness fees, and costs for trial, alternative dispute resolution, or appellate proceedings.

SECTION 9. AMENDMENTS.  Amendments to and waivers of the provisions contained in this Agreement may be made only by an instrument in writing which is executed by both the District and the Contractor.

SECTION 10. AUTHORIZATION. The execution of this Agreement  has  been  duly authorized by the appropriate body or official of the District and the Contractor, both the District and the Contractor have complied with all the requirements of law, and both the District and the Contractor have full power and authority to comply with the terms and provisions of this Agreement.

SECTION 11. NOTICES. All notices, requests, consents  and other communications under this Agreement ("Notices") shall be in writing and shall be delivered, mailed by First Class Mail, postage prepaid, or overnight delivery service, to the parties, as follows:

If to Contractor:

If to District:

With a Copy to:

If to Seller:

Chastain-Skillman, Inc.
205 E. Orange Street, Suite 110
Lakeland, Florida 33801 Attn: Jeff Ammennann

Lake Ashton II Community Development  District c/o Governmental Management Services- Central Florida, LLC
135 West Central Boulevard, Suite 320
Orlando, Florida 32801 Attn: Jillian Burns
Email:  jburns@gmscfl.com

Hopping Green & Sams PA
119 South Monroe Street, Suite 300
Tallahassee, Florida 32301 Attn: Michael Eckert
Email: michaele@hgslaw.com

Ashton Golf-Eagle's Nest, LLC

500 South Florida Avenue, Suite 700
Lakeland, Florida 33801 Attention: Jim  D.  Lee Telephone: (863)  647-1581 Email: jlee@leeandcompany.com

With a Copy to:

Clark, Campbell, Lancaster & Munson, P.A. 500 Florida Avenue, Suite 800
Lakeland, Florida 33801 Attention: Michael E. Workman Telephone: (863) 647-5337
E-mail: mworkman@cclmlaw.com

Except as otherwise provided in this Agreement, any Notice shall  be  deemed  received only upon actual delivery at the address set forth above. Notices delivered after 5:00 p.m. (at the place of delivery)  or on a non-business  day, shall be deemed received  on the next business  day.  If any time for giving Notice contained in this Agreement would otherwise expire on a non­ business day, the Notice period shall be extended to  the  next  succeeding  business  day. Saturdays, Sundays, and legal holidays recognized by the United States government shall not be regarded as business days. Counsel for the District and counsel for the Contractor may deliver Notice on behalf of the District  and the Contractor.  Any party or other person to whom  Notices are to be sent or copied may notify the other parties and addressees of any change in name or address to which Notices shall be sent by providing the same on five  (5)  days  written  notice to the parties and addressees set forth herein.

SECTION 12. ARM'S LENGTH TRANSACTION. This Agreement has been negotiated fully between the District and the Contractor as an arm's length transaction. Both parties participated fully in the preparation of this Agreement and received the advice of counsel. In the case of a dispute concerning the interpretation of any provision of this Agreement, both parties are deemed to have drafted, chosen, and selected the language, and the doubtful language will not be interpreted or construed against either the District or the Contractor.

SECTION 13.  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 corporation 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.

SECTION 14. ASSIGNMENT. Neither the District nor the Contractor may assign this Agreement or any monies to become due hereunder without the prior written  approval  of the other.

SECTION 15. APPLICABLE LAW AND VENUE. This Agreement and the prov1s10ns contained herein shall be construed, interpreted and controlled according to the laws of the State of Florida. Venue shall be in Polk County, Florida.

SECTION 16.	INDEMNIFICATION.

Contractor agrees to defend, indemnify, and hold harmless the  District  and  its officers, agents, employees, successors, assigns,  members,  affiliates,  or representatives from any and all liability, claims, actions, suits, liens, demands, costs, interest, expenses, damages, penalties, fines, judgments against the District, or loss or damage, whether monetary or otherwise, arising out of, wholly or in part by, or in connection with the Services to be performed by Contractor, its subcontractors, its employees and agents in connection with this Agreement, including litigation, mediation, arbitration, appellate, or settlement proceedings with respect thereto. Additionally, nothing in this Agreement requires Contractor to indemnify the District for the District's percentage of fault if the District is adjudged to be more than 50% at fault for any claims against the District and Contractor as jointly liable parties; however, Contractor shall indemnify the District for any and all percentage of fault attributable to Contractor for claims against the District, regardless  whether  the District is adjudged to be more or less than 50%  at fault.  Contractor  further  agrees that nothing herein shall constitute or be construed as a waiver of the District's limitations on liability contained in section 768.28, Florida Statutes, or other statute.

Obligations under this section shall include the payment of all settlements, judgments, damages, liquidated damages, penalties, forfeitures, back pay awards, court costs, arbitration and/or mediation costs, litigation expenses, attorneys' fees, paralegal fees (incurred in court, out of court, on appeal, or in bankruptcy proceedings), any interest, expenses, damages, penalties, fines, or judgments against the District, all as actually incurred.

SECTION 17.	LIMITATIONS	ON	GOVERNMENTAL	LIABILITY.	Nothing	in this
Agreement shall be deemed as a waiver of immunity or limits of liability of the District beyond  any statutory limited  waiver of immunity or limits of liability which may have been adopted by  the Florida Legislature in Section 768.28, Florida Statutes, or other statute, and nothing in this Agreement shall inure to the benefit of any third party for the purpose  of allowing  any claim which would otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law.
SECTION 18. TERMINATION. The District agrees that the Contractor may terminate this Agreement for cause by providing thirty (30) days written notice of termination to the District; provided, however, that the District shall be provided a reasonable opportunity to cure any failure under this Agreement. The Contractor agrees that the District may terminate this Agreement immediately for cause by providing written notice of termination to the Contractor. The District shall provide thirty (30) days written notice of termination without cause. Upon any termination of this Agreement, the Contractor shall be entitled to payment for all services

rendered up until the effective termination of this Agreement, subject to whatever claims or off sets the District may have against the Contractor as the sole means of recovery for termination.

SECTION 19. 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 Jillian Burns ("Public Records Custodian"). Among other requirements and to the extent applicable by law, the Contractor shall 1) keep and maintain public records required by the District to perform the service; 2) upon request by the Public- Records Custodian, provide the District with the requested public records or allow the records to be inspected or copied within a reasonable time period at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes; 3) ensure that public records which are exempt or confidential, and exempt from public records disclosure requirements, are not disclosed except as authorized by law for the duration of the contract term and following the contract term if the Contractor does not transfer the records to the Public Records Custodian of the District; and 4) upon completion of the contract, transfer to the District, at no cost, all public records in Contractor's possession or, alternatively, keep, maintain and meet all applicable requirements for retaining public records pursuant to Florida laws. When such public records are transferred by the Contractor, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the District in a format that is compatible with Microsoft Word or Adobe PDF formats.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO CONTRACTOR'S DUTY TO  PROVIDE  PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (407) 841-5524, JBURNS@GMSCFL.COM, OR AT 135 WEST CENTRAL BOULEYARD, SIDTE 320, ORLANDO, FLORIDA 32801.
SECTION 20. SEVERABILITY. The invalidity or unenforceability of any one or more provisions of this Agreement shall not affect the validity or enforceability of the remaining portions of this Agreement, or any part of this Agreement not held to be invalid or unenforceable.

SECTION 21. HEADINGS FOR CONVENIENCE ONLY. The descriptive headings in this Agreement are for convenience only and shall  not control nor affect the meaning  or construction of any of the provisions of this Agreement.

SECTION 22. ENTIRE AGREEMENT. This instrument shall constitute the final and complete expression of the Agreement between the parties relating to the subject matter of this Agreement.

SECTION 23. SCRUTINIZED  COMPANIES  STATEMENT.  Contractor  certifies  that it is not in violation of section 287.135, Florida Statutes, and is not prohibited from doing business with the District under Florida law, including but not limited to Scrutinized Companies with Activities in Sudan List or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector  List. If Contractor is found to have submitted a false statement, has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria, or is now or in the future on the Scrutinized Companies that Boycott Israel List, or engaged  in  a boycott of Israel, the District may immediately terminate this Agreement.

[Remainder of page intentionally left blank]

IN WITNESS WHEREOF, the District and the Contractor have executed this Agreement  on the day and year first written above.

Attest:	LAKE ASHTON U COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairperson,  Board of Supervisors

Witness:	CHASTAIN-SKILLMAN, INC.,
a Florida corporation

Printed Name of Witness

By: 	_ Its:--------------

Exhibit A: Exhibit B:

Property Services

Exhibit A
Description of Property
[Lake Ashton Golf Club II, Ltd Parcels] 26-29-24-690596-000130
26-29-24-690596-000140
26-29-24-6905 96-002940
26-29-24-690596-003620
26-29-24-690596-003621
26-29-24-690596-003622
26-29-24-690596-003623
26-29-24-690596-003630
26-29-24-690596-003631
26-29-24-690596-003632
26-29-24-690596-003633
26-29-24-690596-003634
26-29-24-690596-003640
26-29-24-690596-003641
26-29-24-6905 96-003642
26-29-24-690596-003650
26-29-24-690596-003770
26-29-24-690596-003790
26-29-24,-690596-003800
26-29-24-690596-003810
26-29-24-690596-003830
26-29-24-690599-008780
26-29-24-690600-009770
27-29-19-865201-010660
27-29-19-865202-011980

[Ashton Golf-Eagle's Nest, LLC Parcels] 26-29-24-690596-000120
26-29-24-690596-003780
26-29-24-690596-003820
27-29-19-865200-005400
27-29-19-865200-005940

ExhibitB:
SERVICES
Chastain-Skillman, Inc. File No. JRN19.030

Contractor shall produce, on or before November 14, 2019, an ALTA/NSPS Land  Title Survey of the Property described in Exhibit B as further provided below.

Contractor will be responsible to update the Survey (DSL 7267.36), dated March 17, 2009, and prepare an updated Survey of the Property owned by Lake Ashton Golf Club II LTD and Ashton Golf-Eagle's Nest, LLC, as follows:

Conduct office research, field coordination, and quality control measures as deemed necessary by Contractor in order to produce the Survey.
Location and depiction of substantial improvements along boundary lines of the Property. Not interior tee boxes, sand traps, or other golf course features.
Location and depiction of interior above-ground improvements at the Clubhouses, not in the golf course areas.
Provide survey services for responsibilities and specifications of Table A of the ALTA/NSPS Land Title Survey, including items 1, 2, 3, 4, 7(a), 8, 15, 16, 17, and 19 of Table A thereof.
Provide six (6) copies of the signed and sealed Survey of the Property.  The Survey  will  be performed in accordance with the minimum technical  standards adopted  by the State  of Florida Department of Agriculture and Consumer Services.

Example of Services Not Included:

Excavation and location of underground improvements.
Location and depiction of above-ground improvements only as stated above.
Location of the ordinary high water line (OHWL).
Owner and Encumbrance Report.
Topographic elevations.
Tree/shrub/landscaping location.
Pavement markings and roadway signage location.
Research and location of underground utilities.
Any other services not expressly stated in the Scope-of-Services herein.

Assumptions:.

A golf cart will be provided to each survey crew, at no cost, to expedite the filed survey,
Unrestricted access to the Property will be provided to survey crews.
A Title Commitment will be provided for review.
The District will furnish Contractor will all information as to the requirements, including any special or extraordinary considerations, for this project, and also make available existing pertinent data.

Survey Certification:

The Survey certification shall read as follows:

This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2011 Minimum Standard Detail Requirements for ALTAINSPS Land Title Surveys, jointly established and adopted by ALTA and NSPS, and includes Items 1, 2, 3, 4, 7(a), 8, 15, 16, 17 and 19 of Table A thereof The field work was completed on -----
The Contractor cannot certify to "their successors and assigns", but will include  any subordinate or additional names to the certification as may be required.

If the certification is to be modified at a later date, an additional fee may apply.

Good afternoon,
On October 22, Supervisor Zelazny and myself drove the cart path route of the Lake Ashton golf courses. We observed the surface conditions of cart paths, bridges, drainage structures and flumes, and pond side slopes.

I have attached to this email summary links for photos that depict both specific locations and general examples of the results of our tour. For the most part, the items observed were related to concrete failures in drainage flumes from fairways into ponds, isolated broken sections of concrete cart paths, and undermining/erosion at bridge approaches. I also referenced the previously identified undermining and slope failure under portions of the cart path behind the driving range.

All of these issues are common maintenance expected to be encountered with infrastructure over time. The golf course sees regular, sustained, year-round play, so these elements are in constant use.

I observed no systems (cart paths, bridges, drainage structures, pond treatment systems) in any fully failed condition. No stormwater ponds were observed to be out of compliance with any requirements of SWFWMD.

As the District has seen with respect to pond bank mowing in the last year, the golf course appears to be delaying certain otherwise regular maintenance activities and this was evidenced during our review.

The District may want to include these identified maintenance issues/locations in the ongoing discussions with the Seller, but, overall, I found no significant issues with the observable existing golf course infrastructure.

Please refer to the links below for photo exhibits. Respectfully submitted,

I'm using Adobe Acrobat.
You can view "Cart path undermining (multiple locations).jpg" at: https://documentcloud.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3Af8b6abf8-7bf2-44e7- 98db-f3d211979ed2
You can view "Flume end failure (multiple locations).jpg" at: https://documentcloud.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3A9d23dbd1-02a1- 4989-89be-f15c0eb702b3
You can view "Flume into Pond 5 (#10 tee).jpg" at: https://documentcloud.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3A2c8caf87-6dad-41d7- 97cf-b6dd0829d908
You can view "Incomplete cart path repair.jpg" at: https://documentcloud.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3A9778f553-a111-43c7- 85ed-97e0aae2add8
You can view "Minor erosion at Pond 15N (Hole #5).jpg" at: https://documentcloud.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3Aa4f566d1-98c3-4608- bbb1-3b0a6e27966f
You can view "Pond 3N flume adjacent to Tennis Courts.jpg" at: https://documentcloud.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3Ac49ea6fa-d2cf-48e7-

8a00-9fe8ca6868ba
You can view "Pontoon bridge in East behind Limerick Dr..jpg" at: https://documentcloud.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3A92feed53-33fd-4368- bc73-36a77051a470
You can view "Typical flume end failure (multiple locations).jpg" at: https://documentcloud.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3Ae582e656-de25- 4bce-875d-de4a69148c88
You can view "Typical flume end failure.jpg" at: https://documentcloud.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3Ac8c2ec7d-24a7- 4d0b-b3b8-02bf1dcda6de
You can view "Typical flume undermining at Pond 8B.jpg" at: https://documentcloud.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3A074650e7-aaf5- 4da3-8d38-c0b76a4ca4d2
You can view "Typical undermining at bridge abutment and approach.jpg" at: https://documentcloud.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3A84a21e89-4a29- 470c-a2ae-b8c3afbc5e21

Hopping Green & Sams
Attorneys and Counselors

MEMORANDUM

TO:

FROM: DATE: RE:

Board of Supervisors, Lake Ashton II Community Development District (the "District")
Jason E. Merridi))ll..
November 5, 2019

Analysis of Commitment for Title Insurance (File No. 18-0147) dated  May  28, 2019 issued by Old Republic National Title Insurance Company (the "Commitment")

This Memorandum discusses relevant findings and comments resulting from this firm's review of the Commitment. It is not intended  as a detailed  analysis of every matter  reflected  on the Commitment as such a discussion would  be extremely lengthy  and, in  our view,  unnecessary as the vast majority of such matters are unremarkable and do not meaningfully impact the District's ability to own or operate either of the Lake Ashton golf courses. However, we have analyzed  each of the matters reflected in the Commitment even though a discussion of all such matters is not included in this Memorandum.

As is the case with all commitments for title insurance, the Commitment consists of three schedules: Schedule A which identifies the current owners of the subject property and states the type and amount  of insurance which  will  be furnished  at closing1  ;   Schedule B-I which identifies various requirements which much be satisfied at or before closing in order for a policy of title insurance to be issued; and Schedule B-II which identifies various exceptions, or exclusions, to title insurance coverage which will exist in the final title insurance policy unless they are addressed at or before closing. This Memorandum focuses on Schedules B-I and, to a much greater extent, B-II.

Discussion Regarding Schedule B-I

Schedule B-I of the Commitment establishes twelve (12) requirements which much be satisfied at or before closing. Most of these requirements are customary requirements which are

1 The Commitment currently provides for title insurance coverage covering both golf courses in the amount of
$477,000 (i.e., the Purchase Price for the golf courses) payable by the sellers. This amount can be increased should the District wish to pay the cost of the additional premium. For instance, $1,000,000 in title insurance coverage would cost the District $2,615. The amount of title insurance which is ultimately purchased is a business decision for the District's Board of Supervisors.

Post Office Box 6526	Tallahassee, Florida 32314	119 S. Monroe Street, Suite 300 (32301)	850.222.7500	850.224.8551 fax	www.hgslaw.com

Memorandum to Board of Supervisors
November 5, 2019
Page 2 of9

common to nearly every real estate transaction in which title insurance is issued and, therefore, do not merit detailed discussion. However, Item 8, regarding the satisfaction of the existing mortgage encumbering the golf courses, as well as the effect of certain litigation-related documentation pertaining to sellers' partners which are recorded in the Polk County public records, but which are not referenced in the Commitment, merit brief discussion.

As an initial matter, it should be noted that each of the sellers is obligated to convey good and marketable title to the portion of the golf courses which they own (see Section 11.3 of the current contract).  The sellers  must satisfy  the matters shown  on Schedule B-I in order  to be able to convey such good and marketable title. Further, the District's obligation to close is contingent upon the sellers satisfying the Schedule B-I requirements at or before closing (see Section  11.2 of the current contract).

During the course of our due diligence efforts, both under the previous contract and the current contract, it has been brought to our attention by interested individuals of the existence of a mortgage upon the golf courses as well as various judgments and other litigation-related documentation recorded in the Polk County public records referencing members and/or partners of the sellers. Item 8 of Schedule B-1 requires that the existing mortgage (which mortgage we note has been modified and assigned in certain transactions not currently referenced in the Commitment) be released in connection with Closing. Regarding the aforementioned litigation­ related documentation, we note that none of the documentation that we have reviewed affects the title of any of the sellers to their respective interests in the golf course. This conclusion is reinforced by the fact that the Commitment contains no requirement that such litigation-related documentation be released or otherwise addressed as part of closing. Because the Commitment does not contain any exception for such litigation-related matters, in the event of closing and the unlikely event that there were to be any type of title claim relating to the litigation-related documentation, the title insurance policy would provide coverage up to the limits of the policy against such claim to the District.

As noted above, the sellers are contractually obligated to convey good and marketable title  to the golf courses, and, prior to the expiration of the District's inspection period, we will communicate to sellers the District's expectation of the performance of the Schedule B-I requirements to the title insurer's satisfaction. To this point, we have no reason to believe or even suspect that the sellers will  not be able  to satisfactorily resolve  the requirements  of Schedule  B-I of the Commitment. Thus, while the matters discussed above merit continued  review  and monitoring on the part of District, we do not regard these matters as presently creating any affirmative obligation on the part of the District in order to protect or preserve its rights.

Discussion Regarding Schedule B-II

As referenced above, Schedule B-II consists of various matters which will constitute exceptions or exclusions to the coverage provided by the title insurance policy to be issued

Memorandum to Board of Supervisors November 5, 2019
Page 3 of 9

following closing. Items 1 through 9 of Schedule B-11 are commonly referred to as "Standard Exceptions" and are frequently modified  and  in some cases removed  at or prior to closing based  on affidavits and other documents which are customarily  delivered  as part of  the closing process. In this transaction, we anticipate that Items 1, 3, 4, 5, and 7 will be removed and  not included  in any policy of title insurance issued to the District. Additionally, assuming that  the survey of  the golf courses is completed prior to closing, Item 2 will also be removed and replaced with an exception specifically referencing matters identified on the survey. Items 6, 8, and 9 will remain (with Item 6 referencing taxes for the year 2020), though we do not regard these items as problematic.

Items 10 through 70 reference various instruments recorded in the Polk County public records which affect title to the golf courses. For purposes of easing the summation of these documents, this Memorandum categorizes each of these documents into one of the following five categories:

CDD Related including CDD Financing Documents;
Local Government Related;
Development Related or Declaration of Covenant Related;
Plats; and
Easements.

A brief summary of each of the foregoing categories and an identification of the Schedule B-11 items which are included in each follows.

CDD Related including CDD Financing Documents. Included in this category are all documents relating to the establishment and the financing of improvements  by either CDD as well as interlocal agreements between the CDDs. Schedule  B-11 Items  30,  36, 41, 42, 47, 50, 51, 52, 53, 62, 63, 64, and 67 fall into this category. These items will not be discussed further in this Memorandum as they do not impact ownership or operation of the golf courses.

Local Government Related. Included in this category are resolutions and ordinances of the Cities of Winter Haven and Lake Wales which pertain to the larger Lake Ashton development.  These instruments generally address mattes such as annexation of various parcels of property into either of the cities, approving the recording of various plats within the larger development, and accepting various dedications  made on various  plats  within  the larger development.  Schedule B­ Ii Items 48, 54, 55, 60, and 69 fall into this category. These items will not be discussed further in  this Memorandum as they do not impact ownership or operation of the golf courses.

Development Related or Declaration of Covenant Related. Included in this category are a variety of agreements and instruments which govern or control the rights of residents within the larger Lake Ashton development. In general, these instruments were authored or imposed by the developer (or affiliates of the developer) and impact the larger development as a whole rather than

Memorandum to Board of Supervisors November 5, 2019
Page4 of9

the golf courses specifically. Schedule B-II Items 28, 29, 34, 38, 39, 40, and 56 fall into this category. Of these items, only Items 34 and 40, constituting the Declaration of Covenants for Lake Ashton Golf Club and Ashton West, respectively, merit discussion. The remaining items generally consist of various agreements between the developer and MX Communication Services, L.L.C. affecting the larger Lake Ashton development as well as an agreement regarding the provision of utility services for the Ashton West portion of the development.

As provided by the contract, the District is receiving an assignment of certain development rights under the Declaration of Covenants pertaining to the Ashton West golf course.2 Following closing, the District will acquire the rights of the "Golf Course Tract Owner" under this declaration which, among other rights, include:

The exclusive right to control the operation and maintenance of the "Golf Course Tract" (as defined therein) (§ 3.2)
The right to construct cart paths within the community as necessary(§ 5.7)
The right to develop ground and surface water resources  in connection  with operation of the golf course(§ 5.22)
An easement over "all Lots, Living Units, and Common Areas" (but excluding the interior of any structures built thereon) for purposes of maintaining and operating the golf course (§ 7.5)
An exemption for homeowner's association assessments against the golf course(§ 9.1)
The right to prohibit amendments to the declaration which may negatively  affect  the golf course(§ 14.13)

Plats. Various parcels constituting the golf courses have been platted, which plats impose certain easements affecting the portions of the golf course. The plats affecting the golf courses consist of Schedule  B-II Items 10, 11, 12, 13, 14, 15, 16, and 17.  As  more  particularly  depicted  on the plats, various utility easements, drainage easements, sewer easements, and wetland  buffers are imposed over portions of the golf courses by virtue of the plats. While some of these encumbrances, particularly drainage easements, are relatively large in area, these easements do not appear  to be incompatible  with the operation of the golf courses.  Because the plats do not provide  a sufficient level of detail regarding the interaction between these matters and the actual golf course improvements, we are not in a position to definitively say that these matters do not create any  issues.3 However, unless any survey which the District may obtain identifies a significant conflict,

2 The Lake Ashton Community Development District, should it acquire title to the portions of the golf course lying within its boundaries will receive a partial assignment of rights under the Declaration of Covenants for Lake Ashton Golf Club. Because the provisions of the Declaration of Covenants for Lake Ashton Golf Club and the Declaration of Covenants for Ashton West are substantially similar, this Memorandum focuses on the Ashton West declaration. However, a similar analysis is applicable to the Lake Ashton Golf Club Declaration (referenced as Item 34 on Schedule B-II).
3 Such a determination would need to occur based upon a review of a survey and verification in the field.

Memorandum to Board of Supervisors November 5, 2019
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we do not anticipate the matters reflected on the above-referenced plats to amount to issues which justify termination of the contract.

Easements. The majority of items identified on Schedule B-II constitute various types of easements which impact various portions of the larger Lake Ashton development and the golf courses. Schedule B-II items 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 31, 32, 33, 35, 37, 43, 44, 45,
46, 49, 57, 58, 59, 61, 65, 66, 68, and 70 fall into this category. Similar to the above-discussion regarding easements created by plats, in the absence of a survey, a comprehensive analysis of these easements, including a definitive determination  of their respective impacts on  the golf courses, if  at all, is not possible. However, based on the nature of the subject easements and the fact that the golf courses are presently able to operate with these easements in effect, we do not anticipate that any of them creates such a significant conflict justifying termination of the contract.

The subject easements are further summarized based as follows:

Utility Easements

Commitment Reference	Grantee	Summary of Easement	
B-II, Item 18	Florida Public Service Company	(subsequently Florida Power Corporation)	Due to age and illegibility of instrument the location and effect of this easement cannot
be currently evaluated.	
B-II, Item 19	Tampa Electric Company	10' utility easement affecting SW ¼ of Section 18, Township 29 South, Range 27
East	
B-II, Item 20	Florida Power Corporation	10' utility easement affecting portions of NE ¼ and NW ¼ of Section 25, Township 29
South, Range 26 East	
B-II, Item 22	Tampa Electric Company	15' utility easement affecting the SW ¼ of Section 24, Township 29 South, Range 26
East	
B-II, Item 23	Tampa Electric Company	15' utility easement affecting SW¼   of  Section  18 and NW
¼ of  Section  19, Township 29
South, Range 27 East	
B-II, Item 24	Florida Power Corporation	15' blanket utility easement affecting portions of Section 25, Township 29 South,
Range 26 East	

Hopping Green & Sams

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B-II, Item 31	City of Lake Wales	Potable water and sewer easements over private utility easements and roadways depicted on Lake Ashton Golf
Club Phase I Plat	
B-II, Item 32	City of Lake Wales	Potable water and sewer easements over private utility easements   depicted   on  Lake
Ashton Golf Club Phase I Plat	
B-II, Item 33	City of Lake Wales	Potable water and sewer easements over private utility easements   depicted   on  Lake
Ashton Golf Club Phase I Plat	
B-II, Item 49	Tampa Electric Company	15' blanket utility easement over all underground power lines located in Lake Ashton
West Phase I	
B-II, Item 59	City of Winter Haven	15' utility easement affecting Tract GC-12, Lake Ashton
Golf Club Phase II	

Access Easements

Commitment Reference	Grantee	Summary of Easement	
B-II, Item 21	Annabelle Door	30' access easement over West 30' of S ½ of Section 18, Township 29 South, Range 27
East	
B-II, Item 25	Thompson Nursery, Inc.	15' ingress/egress and utility easement affecting portions of Section 18, Township 29
South, Range 27 East	
B-II, Item 26	G. Warren Parker & Loganna Lyons	30' access easement of West 30' of S ½ of Section 18, Township 29 South, Range 27
East	
B-II, Item 27	William Dawson & Deborah Sipes	30' access easement over West 30' of S ½ of Section 18, Township 29 South, Range 27
East	
B-II, Item 37	Lake Ashton Golf Club II, Ltd	Blanket access easement over roadways to be constructed upon	Lake	Ashton
Development   Group  II, Ltd	

1--lopping Green & Sams

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property	as	described	in
 	sub·ect easement	

Cart Path, Drainage, Wetland Buffer, Irrigation, & Mitigation Easements

B-II, Item 35	Lake Ashton Golf Club, Ltd.	Cart path easement over parcels identified in easement. Survey necessary for exact
location.	
B-II, Item 43	Lake Ashton Golf Club II, Ltd	Blanket drainage, ingress, egress and golf course purposes easement reserved over the ponds conveyed  to the District by subject instrument. Subject easement will be extinguished  at closing
by doctrine of merger  of title.	
B-II, Item 44	Lake Ashton CDD	Grants wetland buffer maintenance easement over portions of Tract GC-9, Lake Ashton Golf Club Phase I. Subject easement will be extinguished at closing by
doctrine of merger of title.	
B-II, Item 45	Lake Ashton CDD	Grants wetland buffer maintenance easement over portions of Tract GC-1, GC-2, GC-4, GC-7, GC-8, GC-9, and
GC-10, Lake Ashton Golf Club Phase I and Tracts GC- 12,  GC-13,  and  GC-14, Lake
Ashton Golf Club Phase II. Subject easement will be extinguished    at    closing   by
doctrine of merger of title.	
B-11, Item 46	Lake Ashton CDD	Grants wetland buffer maintenance easement over portions of Tract GC-4, GC-8, and GC-9, Lake Ashton Golf Club Phase I. Subject easement will be extinguished at closing by doctrine of
merger of title.	
B-II, Item 57	Lake Ashton Golf Club, Ltd.	10'	blanket	irrigation easement over all irrigation	

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		lines located on lands owned by the Lake Ashton CDD. Subject easement will be extinguished at closing by
doctrine of merger of title.	
B-II, Item 58	Lake Ashton Golf Club, Ltd.	Grants cart path  easement over portion of Tract WA-2, Lake Ashton  Golf  Club Phase
I.	Subject  easement  will  be
extinguished at closing by doctrine of merger of title.	
:S-II, Item 61	Lake	Ashton	Development Group II, Ltd.	Grants mitigation easement together with access rights thereto over portion of Tract GC-14, Lake Ashton Golf
Club Phase II.	
B-II, Item 65	Lake Ashton Golf Club  II, Ltd.	Grants cart path easements over  portions  of  Parcels  LG-
23 and LG-38 owned by District as described therein. Subject easement will be extinguished    at    closing  by
doctrine of merger of title.	
B-II, Item 66	Lake Ashton Golf Club II,  Ltd.	Grants cart path easements over portions of Parcels LG- 23 and LG-38 owned by Lake Ashton Development Group
II, Ltd. as described therein.	
B-II, Item 68	Lake	Ashton	Development Group II, Ltd.	Reserves drainage easement over portion of Section 24, Township 29 South, Range 25 East as described therein together with access rights
thereto.	
B-II, Item 70	Lake Ashton Golf Club, Ltd.	Reserves	non-exclusive easement over portion to Tract GC-15, Lake Ashton Golf Club Phase V described
therein.	

Conclusion

Based upon our review of the Commitment and the supporting documentation associated therewith, we have not identified any title related matter which we believe constitutes a title defect

Memorandum to Board of Supervisors November 5, 2019
Page 9 of9

or which would materially impact the District's ability to own and operate the golf courses should it elect to do so. However, a review of a survey of the golf courses is necessary in order to definitively analyze the effect of the various easements which impact the golf courses.

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OPERATING DEFICIT FUNDING AGREEMENT

(Lake Ashton GoH Course)

THIS OPERATING  DEFICIT FUNDING  AGREEMENT  (this "Agreement")  is made
effective as of December 	, 2019, among Lake Ashton Golf  Club, Ltd., a Florida limited
paiinership, Lake Ashton Golf Club II, Ltd., a Florida limited partnership, and Ashton Golf­ Eagle's Nest, LLC, a Florida limited liability company (collectively, the "Seller"), and the Lake Ashton II Community Development District, a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes ("Lake Ashton II CDD," the "Buyer"). Seller and Buyer shall be refened to individually as a "Party" and collectively as the "Parties."

RECITALS

All capitalized terms in this Agreement not otherwise defined herein shall have the meanings set fmih in the Contract for Sale and Purchase among Buyer and Seller dated as of October 9, 2019 (the "Purchase Agreement").

Pursuant to the Purchase Agreement,  on the date hereof, Seller sold  their interests in the Golf Club to Buyer.

Pursuant to the Purchase Agreement, Seller agreed to enter into an agreement obligating Seller to advance funds on an as-needed basis to cover deficits in the payment of operating costs of the Golf Course after acquisition of the Golf Club by Buyer.

Each of Seller aclmowledges and agrees that each will benefit from the sale of the Golf Club to Buyer.

[DRAFTING  NOTE:	The introductory paragraph, the definition of " Seller" ai1d the ecitals will all need to be revised based on what portion of the Golf Club is purchased in
December.]

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby aclmowledged, the Parties agree as follows:

ARTICLE I - DEFINITIONS

Definitions.	The following tenns shall have the meanings ascribed thereto as set forth below:
"Default Interest Rate" shall mean the lesser  of (i) the maximum  interest rate permitted by law or (ii) six percent (6%) per annum.

"Funding Period" shall be a period of five (5) years commencing on the date
hereof.

Operating Deficit Funding Agreement

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''Net Operating Income" shall, cumulatively mean Golf Club Revenues less Golf Club Expenses. The calculation of Net Operating Income shall be made by Buyer in a commercially reasonable manner, and such calculation shall be subject to reasonable audit and review by Seller.

"Operating Deficit" shall cumulatively mean the excess of Golf Club Expenses over the Golf Club Revenues. The calculation of Operating Deficit shall be made by Buyer in a commercially reasonable manner, and such calculation shall be subject to reasonable audit and review by Seller.

"Golf Club Expenses" shall mean all expenses directly related to operating only the Golf Club and actually expended during each fiscal year of Buyer during the Funding Term, including without limitation , the following items: (i) operating expenses ; (ii) real and personal property taxes, special assessments or similar charges and sales or use taxes applicable to the operations of the Golf Club; (iii) property management fees; (iv) insurance expenses ; (v) reasonable replacement expenses in the ordinary course of business; (vi) marketing costs, advertising and promotions costs; (vii) inventory and management costs for management and operation of the Eagles Nest, pro shop and other retail and/or food and beverage outlets; (viii) iITigation, landscaping and turf management costs; (ix) maintenance and repair costs related to the Golf Club; (x) legal and accounting fees related to the operation of the Golf Club; and (xi) scheduled payments due under the Promissory Note(s) payable by Buyer to Seller executed on the date hereof. Notwithstanding anything in the preceding sentence to the contrary, Golf Club Expenses shall not include: (i) special assessments by either Lake Ashton I CDD or Lake Ashton II CDD; and (ii) operating expenses related to any other prope1ty owned by Buyer and not otherwise included within the meaning of Golf Club.

"Golf Club Revenues" shall mean the gross operating income and revenues actually received by or paid to or for the account of Buyer with respect to the operation of the Golf Club during each fiscal year of Buyer during the Funding Term, including, without limitation the following items: (i) late charges, interest and other fees paid by golfers; (ii) special event income to the extent it is owed to Buyer, and (iii) receipts from vending machines and similar items. Notwithstanding anything in the preceding sentence to the contrary, Golf Club Revenues shall not include: (i) Lake Ashton II CDD special assessments; (ii) amounts provided by Seller at Closing;
(iii) capital reserve withdrawals of Buyer; and (iv) bond indebtedness retirement by Seller.

ARTICLE 2- REPRESENTATIONS AND WARRANTIES BY SELLER

Each of Seller (each as to itself), jointly and severally, mal<.e the following representations and wairanties which shall be continuing representations and warranties until this Agreement terminates in accordance with the provisions contained herein:

Existence and Rights. Seller is an entity duly organized under the laws of the State of Florida, and is in good standing thereunder. Seller has the power and adequate  authority  to  malce and carry out this Agreement.

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Agreement Authorized and Binding. The execution, delivery and performance of this Agreement are duly authorized, where appropriate, and do not require the consent or approval of any governmental body or other regulatory authority; are not in contravention of, or in conflict with, any law or regulation or any tenn orprovision of the organizational documents of Seller; and this Agreement is a valid and legally binding obligation of Seller and enforceable in accordance with its terms.

No Conflict. The execution and delivery of this Agreement are not, and the performance of this Agreement will not be, in contravention of, or in conflict with, any agreement, indenture or undertaking to which Seller is a party or by which Seller or any of Seller's property is or may be bound or affected and do not, and will not, cause any security interest, lien or other encumbrance to be created or imposed upon any such prope1ty.

Litigation. As of the effective date of this Agreement, there is no litigation or other proceeding pending or to the best of Seller's knowledge, threatened against, or affecting, Seller or Seller's properties which, if determined adversely to such Seller would have a materially adverse effect on the financial condition, properties, businesses or operations of Seller, or which prevents or interferes with or adversely affects Seller's entering into this Agreement or the validity of this Agreement or the canying out of the terms hereof, and Seller is not in default with respect to any order, writ, injunction, decree or demand of any court or other governmental or regulatory authority.

Financial Condition. Seller has no knowledge of any material liabilities, contingent or otherwise, nor has Seller entered into any commi tments or contracts which may have a materially adverse effect upon any Seller's financial condition , operations or businesses, which would prevent Seller from catTying out the obligations under this Agreement.

Financial or other Benefit or Advantage. Each Seller hereby acknowledges and warrants that each Seller has derived or expects to derive a financial or other benefit from the sale of the Golf Club.

ARTICLE 3 - AGREEMENTS

Fundi ng Obligations. Each Seller hereby jointly and severally covenants and agrees to advance, or make provisions for such an advance, on the terms set forth below, the funds required to fund Operating Deficits incurred by Buyer during the Funding Period (the "Funding Obligations") . If Buyer desires , in Buyer's sole and absolute discretion, to request Seller to make a payment urtder this Agreement to fund an Operating Deficit at any time and as often as Buyer requests, Buyer will promptly notify Seller, in writing, of the amount of such Operating Deficit ("Funding Request"). Subject to Seller' s reasonable review of the Funding Request, Sell er sha ll provide Buyer with funds equal to the stated Operating Deficit within ten (10) days of the request. So long as Buyer is not in default hereunder, no interest shall accrue on the Funding Obligations. Notwithstanding anything contained herein to the contrary, Seller' s Funding Obligations shall be limited to Three Hundred Thousand and 00/100 Dollars ($300,000.00) at any point in time during the Funding Te1m. An affiliate of Seller will provide a limited guaranty for the Funding

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Obligations, and both the Seller affiliate and the fo1m and substance of the limited guaranty shall  be subject to the reasonable review and approval of both Seller and Buyer.

Obligations Absolute. The Funding Obligations shall remain in full force and effect during the Funding Term without regard to, and shall not be affected or impaired by the following, any of which may be taken without the consent of, or notice to, Seller, nor shall any of the following give Seller recourse or right of action against Buyer:

(a)              this Agreement;

Any delay, exercise or non-exercise by Buyer of any right or privilege under

Any banla uptcy, insolvency , · reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any Seller, any managing member and/or manager or any Seller (which term shall include any other party at any time directly or contin gently liable for any  of  Seller's obligations  under  this Agreement, including  without  li mitation , any managing and/or manager of either of Seller) or any affiliate of any of Seller, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceedin g, whether or not any Seller shall have had notice or knowledge of any of the foregoing;

Any acceptance of partial funding of the Funding Obligations.

Repayment by Buyer. On or before August 30th of each year during the term of this Agreement, Buyer will cause all then-outstanding sums advanced by Seller under this Agreement, to be repaid, without interest or fees of any kind. Such repayment shall be made exclusively from the Golf Club Revenues, to the extent available . At no time will Buyer be required to levy special assessments to repay either the Funding Obligation or Golf Club Expenses so long as the Golf Club Expenses do not exceed One Million Nine Hundred Thousand and 00/100 Dollars ($1,900,000.00) in any given fiscal year. So long as the Golf Club Expenses do not exceed One Million Nine Hundred Thousand and 00/100 Dollars ($1,900,000.00) in any given fiscal year, all monies used by Buyer to repay the Funding Obligations shall be generated by the Golf Club. Such repayments shall be made to the following addressee and location: 500 South Florida Avenue, Suite 700, Lakeland, Florida 33801, Attention: Jim Lee. Nothing herein prevents Buyer from making periodic repayments at any time . Five years after the date of this Agreement, all amounts due to the Seller under this Agreement shall be forgiven.

The Buyer's repayment obligations shall remain in full force and effect during the Funding Term without regard to, and shall not be affected or impaired by the follo wing, any of which may be taken without the consent of, or notice to, Buyer, nor shall any of the following give Buyer recourse or right of action against Seller:

(a)              this Agreement;

Any delay , exercise or non-exercise by Buyer of any right or privilege under

Any banl<ruptcy, insolvency , reorganization, compos1t10n, adjus tment, dissolution, liquidation or other like proceeding relating to Buyer, or any action taken with respect

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to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not Buyer shall have had notice or knowledge of any of the foregoin g;

Any acceptance of partial repayment of the Funding Obligations.

Governing Law/Consent to Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts entered into and entirely to be performed therein. Each Paity hereby irrevocably submits and consents to the jmisdiction of the courts of the State of Florida and of the United States District Cowt sittin g in Polk County, Florida in connec tion with any action, suit or other proceeding arising out of or relatin g to this Agreement or any action taken or omitted hereunder.

Revenue Structure. Dming the Funding Period , Buyer's membership structure and pricing shall be substantially similar to the membership structur e and pricing of Seller in effect at the commencement of this Agreement. If Buyer changes the membership structme or pricing without Seller' s consent, which conse nt may be withh eld in Seller's sole and absolute discretion, and such change results in a loss of Golf Club Revenue, the amount required to be advanced by Seller under this Agreement shall be reduced dollar for dollar by the amount of the lost revenue attributable to such change.

ARTICLE 4 - MISCELLANEOUS

Notices. All notices, requests, demands, consents, and other communications required or pennitted to be given or made hereunder shall be in writing and shall be deemed to have been duly given if mailed, certified first class mail, postage prepaid, return receipt requested, or a nationally recognized overnight delivery service, to the party to whom the same is so given or made, at the address of such party as set forth below, which address may be changed by notice to the other parties hereto duly given pursuant hereto:

Buyer / District:

with a copy to:

Seller:

Lake Ashton II Community Development District c/o Governmental Management Services of SF, LLC 5385 N. Nob Hill Road
Sunrise, FL 33351 Attention: District Manager jbums@gmscfl.com

Hopping Green Sams, P.A
119 South Momoe Street, Suite 300 Tallahassee,  Florida 32301 Attention: Michael C. Ec ke1t, Esq . Email: Micha elE @ hgs la w.com

Lake Ashton Golf Club, Ltd. Lake Ashton Golf Clu b II, Ltd. Ashton Golf-Eagle's Nest, LLC
500 South Florida Avenue, Suite 700

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Lakeland, Florida 33801 Attention : Jim D. Lee
Email: jlee@leeandcompany.com

with a copy to:

Clark, Campbell, Lancaster & Munson, P.A. 500 Florida Avenue , Suite 800
Lakeland, Florida 33801 Attention: Michael E. Workman
E-mail: mworkman @cclml aw.com

Notice by email shall be ineffective as notice under this Agreement unless it  1s accompanied by a simultaneous notice permitted by this section.

Expenses. Each Party that breaches this Agreement agrees to pay all reasonable costs and expenses , including reasonable legal fees, which may be incmTed by the prevailing Party(ies) in any effmt to collect or enforce any of the obligations of the hereunder, whether or not before or after a lawsuit is filed, includi ng, without limitation, all costs and legal fees incuned by such Party in any bankruptcy proceeding (including, without limitation, any action for relief from the automatic stay of any bankruptcy proceeding) and in any judicial or nonjudicial foreclosure action.

Amendments; Successors; Assignment. Neither this Agreement nor  any  te1m hereof may be changed, waived, discharged or terminated orally, but only by an instrument  in writing signed by all patt ies. All of the terms of this Agreement shall  be binding  upon  and inure  to the benefit of the parties hereto and their respective successors and assigns, except that no Party shall have the right to assign any of its rights or obligations under this Agreement without the other Patties' prior written consent. Any purported assignment without such  prior written  consent  is void.

Demands. Each demand by a Patty for perfo1mance or payment hereunder shall be in writing and shall be made in the manner set forth in Section 4.1 hereof. Interest  shall  accrue at the Default Interest Rate on all sums not paid by a Party as required herein within thi1ty (30) days after demand.

Remedies for Nonpayment.

Nonpayment by Buyer . In the event Buyer fails to make a payment as and when due pursuant to this Agreement, Seller shall have the following remedy:

Seller may bring an action at law against Buyer to pay the amount due under this Agreement. Seller may enforce the collection of funds due under this Agreement by action against Buyer in the appropriate judicial forum in and for Polk County, Florida.  Absent fraud, gross negligence and/or willful misconduct by Buyer, Seller shall not seek, and hereby forever waives the right, to compel the Buyer to levy special assessments to pay Seller any sums under this Agreement. Seller acknowledges any judgment against the Buyer shall be paid exclusively from Golf Club Revenues received by Buyer during the Funding Term.

I
I

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Nonpayment by Seller. Seller's obligations hereunder shall be joint and several. In the event that Seller fails to make a payment as and when due pursuant to this Agreement, Buyer shall have the following remedy:

Buyer may bring an action at law against Seller to pay the amount due tmder this Agreement. Buyer may enforce the collection of funds due under this Agreement by action against Seller in the appropriate judicial forum in and for Polk County, Florida.

No delay or failure by a Party to exercise any remedy against any another Party will be construed as a waiver of that right or remedy.

Term. The obligations of each Party under this Agreement shall continue in full force and effect until the expiration of the Funding Period  and each Party has fully  performed  all of the obligations hereunder and paid or caused to be paid any and all other amounts payable hereunder in accordance with the terms of this Agreement and the period of time has expired during which any payment received by Buyer hereunder or any act performed by any Seller may be determined to be a preferential or fraudulent transfer under the United States Banlcruptcy Code or other similar applicable laws.

Complete Agreement. This Agreement supersedes any prior negotiations, discussions or communications between Seller and Buyer (other than provisions of the Purchase Agreement specifically referenced herein to survive) and constitutes the entire agreement between Buyer and Seller with respect to the Funding Obligations.

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

Advice of Counsel. Each Party represents and acknowledges to all other Parties
that such Party has consulted with its attorneys regar·ding the terms and conditions and waivers set fmth in this Agreement.
\
Waiver of Jmy Trial. BUYER AND SELLER HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT EITHER MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT AND ANY AGREEMENT CONTEMPLATED TO BE EXECUTED IN CONJUNCTION HEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF EITHER PARTY. THIS PROVISION IS A MATERIAL INDUCEMENT FOR BUYER'S PURCHASE OF THE GOLF CLUB AND ACCEPTING THIS AGREEMENT.

Interpretation. When the context in which the words are used in this Agreement indicates that such is the intent, words in the singular number shall include the plural and vice­ versa. If any one or more of the provisions of this  Agreement  should  be determined  to be illegal or unenforceable, all other provisions shall remain effective.

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ARTICLE 5 - REPRESENTATIONS AND WARRANTIES BY BUYER

Buyer makes the following representations and wa1Tanties which shall be continuing representations and warranties until this Agreement terminates in accordance with the provisions contained herein:

Existence and Rights. Buyer is a local unit of special purpose government of the State of Florida, established under and pursuant to the Uniform Community Developm ent District Act of 1980, Chapter 190, Florida Statutes, as amended. Buyer has the power and adequate authority to make and carry out this Agreement.

Agreement Authorized and Binding. The execution, delivery and performance of this Agreement are duly authorized, where appropriate, and do not require the consent or approval of any governmental body or other regulatory authority; are not in contravention of, or in conflict with, any law or regulation or any term or  provision  of the organizational documents  of Buyer; and this Agreement is a valid and legally binding obligation of Buyer and enforceable  in accordance with its terms.

No Conflict. The execution and delivery of this Agreement are not, and the performance of this Agreement will not be, in contravention of, or in conflict with, any agreement, indenture or undertaking  to which Buyer is a party or by which Buyer or any of Buyer's prope1ty  is or may be bound or affected and do not, and will not, cause any security interest, lien or other encumbrance to be created or imposed upon any such prope1ty.

Litigation. As of the effective date of this Agreement, there is no litigation or other proceeding pending or to the best of Buyer's  knowledge,  threatened  against,  or affecting, Buyer or Buyer's properties which, if determined adversely to Buyer would have a materially adverse effect on the financial condition, propeliies, businesses or operations  of Buyer, or which prevents or interferes with or adversely affects Buyer's entering into this Agreement or the validity of this Agreement or the caITying out of the terms hereof, and Buyer is not in default with respect to any order, writ, injunction, decree or demand of any couli or other governmental or regulatory  authority.

Financial Condition. Buyer has no knowledge of any material li abilities , contingent or otherwise, nor has Buyer entered into any commitments or contracts which may have a materially adverse effect upon Buyer ' s financial condition, operations or businesses, which would prevent Buyer from caITying out the obligations under this Agreement.

Financial or other Benefit or Advantage. Buyer hereby acknowledges and warrants that Buyer has derived or expects to derive a financial or other benefit from the purchase of the  Golf Club.

[SIGNATURE PAGES TO FOLLOW]

Operating Deficit Funding Agreement	8

DRAFT
11/04/2019

SELLER'S SIGNATURE PAGE OPERATING DEFICITS FUNDING AGREEMENT

(Lake Ashton Golf Course)

IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed  as of the date first set forth above.

WITNESSES:

Print: - - - - - - - - - - -

Print: - - - - - - - - - - -

SELLER :
LAKE ASHTON GOLF CLUB, LTD., a
Florida limited partnership

By: Century Properties-RES, LLC, as its General Pa1iner
By:		 Name: - - - - - - - - - - - - -
Title:    	

STATE OF FLORIDA COUNTY OF -	-	-	-
The foregoing  instrument  was acknowledged  before me this   	

day of _ _ _ _

2019, by _ _

_ _ _

_ _ _ ., as General Partner of CENTURY PROPERTIES-RES, LLC,

a Florida Limited Liability Company for LAKE ASHTON GOLF CLUB, LTD, a Florida limited partnership. Said person is personally lmown to me or has produced a valid driver's license as identification.

Notary Public; State of Florida

Print Name:_ _ _

_ _ _ _ _

_ _ _ _ _ _

My Commission Expires:_  _  _  _  _  _  _  _  _  _
My Commission No.:_  _  _  _  _  _  _  _  _  _  _

DRAFT
11 /0 4/2019

SELLER'S SIGNATURE PAGE OPERATING DEFICITS FUNDING AGREEMENT

(Lake Ashton  Golf Course)

IN WITNESS WHEREOF, the Parties have caused this Agreement to  be  executed  as of the date first set forth above.

WITNESSES:

Print: - - - - - - - - - -

Print: - - - - - - - - - - -

SELLER:
LAKE ASHTON GOLF CLUB II , LTD., a
Florida li mited partnership

By: Century Properties-RES, LLC, as its General Partner
By :	 	                                                           Name: - - - - - - - - - - - -
Title:    	

STATE OF FLORIDA COUNTY OF -	-	-	-
The foregoing instrument  was  acknowledged before  me this   	

day of 		_

2019 by _ _

_ _ _ _ _

_ _ ., as General Partner of CENTURY PROPERTIES-RES,

LLC, a Florida Limited Liability Company for LAKE ASHT ON GOLF CLUB II, LTD, a Florida limited partnership. Said person is personally lmown to me or has produced a valid driver's license as identi fication.

Notary Public; State of Florida
Print Name:- - - - - - - - - - - - - -
My Commission Expires:_   _   _   _   _   _   _   _  _
My Commission No.:_  _  _  _  _  _  _  _  _  _

DRAFT
11/04/2019

SELLER'S SIGNATURE PAGE OPERATING DEFICITS FUNDING AGREEMENT

(Lake Ashton  Golf Course)

IN WITNESS WHEREOF, the Parties have caused this Agreement  to be executed  as of  the date first set forth above.

WITNESSES:	SELLER:
ASHTON GOLF-EAGLE' S NEST, LLC, a
Florida limited liability company

Print: - - - - - - - - - -

Print: - - - - - - - - - - -

By: Century Properties-RES, LLC, as its Manager
By:		 Name: - - - - - - - - - - - -
Title:    	

STATE OF FLORIDA COUNTY OF ----
The  foregoing  instrument  was  acknowledged   before  me this   	

day of 		_

2019, by _

_ _ _ _ _

_ _ _ , as Manager of CENTU RY PROPERTIES-RES, LLC, a

Florida Limited Liability Company for ASHTON GOLF-EAGLE'S NEST, LLC, a Florida Limited Lia bility Company. Said person is personally known to me or has produced a valid driver's license as identification.

Notary Public; State of Florida

Print Name:_ _

_ _ _ _ _ _

_ _ _ _ _ _

My Comm iss ion Expires:_ _ _ _ _ _ _ _ _

My Commission No.:_ _ _

_ _ _

_ _ _ _ _

DRAFT
11/04/2019

BUYER'S SIGNATURE PAGE FOR OPERATING DEFICITS FUNDING AGREEMENT

(Lake Ashton Golf Course)

IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed and delivered on their behalf by their duly authorized representatives as of the date first set forth above.

ATTEST:	LAKE ASHTON II COMMUNITY
DEVELOPMENT DTSTRJCT, a local unit of special-purpose government established plU'suant to Chapter 190, Florida Statutes

Print:-----------

By:_ _

_ _ _

_ _ _ _ _ _ _ _ _

Print: - - - - - - - - - - - - -
Title :- - - - - - - - - - - - -

STATE OF FLORJDA COUNTY OF POLK

The foregoing instrument  was acknowledged  before me this  	

day of _ _

_ _ 2019,

by _	_	_

_	, as _	_

_	_	of LAKE ASHTON II COMMUNITY DEVELOPMENT

DISTRICT, a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes. Said person is persona lly known to me or has produced  a valid driver's license  as identification.

Notary Public; State of Florida Print Name:

- - - - - - - - - - - - - -

My Commission Expires: 	_

My Commission No.:_ _

_ _ _

_ _ _ _ _ _

S & S Contracting, Inc. 5800 South US Hwy 17

Lake Ashton II CDD Douglas Robertson
6052 Pebble Beach Blvd Winter Haven, Fl. 33883

Name/Address

Bartow, Fl 33830

Phone#

863-533-4954

Estimate

Date	Estimate No.	
10/17/2019	E4924	

Fax#	E-mail	
863-533-5254	stregear@aol.com	

Description	Qty	Rate Each	Total	
Group A Mobilization (EA)
Concrete Short Load Fee (EA) 5193/5197 Pebble Beach Blvd
Remove & Replace Miami Curb (LF) Subtotal.	$550.00
5272 Pebble Beach Blvd
Sawcut & Remove half of Travel Lane (LF) Remove & Replace Miami Curb (LF)
Subtotal.	$3310.00
4033/4037 Phoenician Way
Sawcut & Remove half of Travel Lane (LF) Remove & Replace Miami Curb (LF)
Subtotal.	$2370.00
4524/4520 Back Nine Dr
Sawcut & Remove half of Travel Lane (LF) Remove & replace Miami Curb (LF)
Subtotal.	$2470.00
5329 Snead Dr
Remove & replace Miami Curb (LF) Subtotal.	$1100.00
5177 Pebble Beach Blvd
Sawcut & Remove half of Travel Lane (LF) Remove & replace Miami Curb (LF) Remove & replace Miami Curb (LF)
Subtotal.	$5354.00
Total Group A.	$16054.00	
1	
500.00	
500.00	
	1	400.00	400.00	
	10	55.00	550.00	
	
41	
60.00	
2,460.00	
	25	34.00	850.00	
	
31	
60.00	
1,860.00	
	15	34.00	510.00	
	
27	
60.00	
1,620.00	
	25	34.00	850.00	
	
20	
55.00	
1,100.00	
	
44	
60.00	
2,640.00	
	24	55.00	1,320.00	
	41	34.00	1,394.00	

Total

S & S Contracting, Inc.
5800 South US Hwy 17

Lake Ashton II CDD Douglas Robe1ison
6052 Pebble Beach Blvd Winter Haven, Fl. 33883

Name/Address

Bartow, Fl 33830

Phone#

863-533-4954

Estimate

Date	Estimate No.	
10/17/2019	E4924	

Fax#	E-mail	
863-533-5254	stregear@aol.com	

Description	Qty	Rate Each	Total	
Group B				
Mobilization (EA)	1	500.00	500.00	
Concrete Short Load Fee (EA)	1	400.00	400.00	
5172/5176 Pebble Beach Blvd				
Remove & replace Miami Curb (LF)	20	55.00	1,100.00	
Subtotal.	$1100.00				
5261 Green Dr				
Sawcut & Remove half of Travel Lane (LF)	35	60.00	2,100.00	
Subtotal.	$2100.00				
5320/5324 Nicklaus Dr				
Sawcut & Remove half of Travel Lane (LF)	30	60.00	1,800.00	
Remove & replace Miami Curb (LF)	20	34.00	680.00	
Subtotal.	$2480.00				
5324/5328 Snead Dr				
Sawcut & Remove half of Travel Lane (LF)	22	60.00	1,320.00	
Remove & replace Miami Curb (LF)	3	34.00	102.00	
Subtotal.	$1422.00				
5344/5348 Snead Dr				
Sawcut & Remove half of Travel Lane (LF)	24	60.00	1,440.00	
Remove & replace Miami Curb (LF)	10	34.00	340.00	
Remove & replace Miami Curb (LF)	10	55.00	550.00	
Subtotal.	$2330.00				
Total Group B	$10332.00				
Revised 10/31/2019 per meeting on 10/29/2019				

Total

S & S Contracting, Inc.

Lake Ashton II CDD Douglas Robe1ison
6052 Pebble Beach Blvd Winter Haven, FL 33883

Name/Address

5800 South US Hwy 17 Bartow, Fl 33830

Phone#

863-533-4954

Estimate

Fax#	E-mail	
863-533-5254	stregear@aol.com	

Description	Qty	Rate Each	Total	
Notes: 1) All permits, fees, meter costs, governmental charges of any type by others. 2) No removal or replacement of unsuitable materials included. 3) Positive drainage not guaranteed on areas having less than 1% fall. 4) Estimate based on normal daytime work hours, no night or weekend work included. 5) All soils, materials and density testing by others. 6) All submittals / approvals to go through GC. 7) No sod, grassing, seed & mulch, landscaping or irrigation system, installation or repair, of any type included. 8) All surveying, construction layout, asbuilts by others. 9) Construction water/ temporary meter by others. 10) Due to limited availability of crushed concrete, multipule sources may be used. Allowance in materials testing must take this into account. 11) Any item not specifically included in this estimate is hereby specifically excluded. 12) Areas with curb replacement only, includes removing & replacing enough base & asphalt to facilitate removal of curb without disturbing brick paver driveways  and/or landscaping/irrigation systems.13) Travel lane repairs include removing & replacing existing asphalt, base & a portion of subgrade with 12" of crushed concrete road base & 1.5" of asphalt. Any areas requiring work beyond this scope will be discussed and handled individually. 14) No removal or replacement of brick pavers included.

..				

Total

General Terms and Cond1t10ns:  Pnce good for 30 days.  Bond  not mcluded.   Payment terms: Net 30 days upon completion of project, 3% fee monthly on unpaid  balances after 30 days.  This quotation shall become  part of any subsequent contract. Note: Bid  based on (1) one application  of PAINT and (1) (Price based on Specs at time of estimation Bid does not include: Traffic Control, Cleaning, Drying, Control Layout. Striping
/ Marking: The area to be striped will be cleaned prior to S & S Contracting arrival.  Maintenance of Traffic will be supplied by Contractor for temporary and permanent striping. Bid Based on one (1) Mobilization.

$26,386.00

Date	Estimate No.	
10/17/2019	E4924	

Final billing will be based on actual measurements.  Pricing excludes any bond, survey,  layout, MOT, sod,	 	                                                                               erosion control, storm water pollution plan.