SWI Community Development District
12051 Corporate Boulevard Orlando, FL 32817
Phone 407-723-5900; Fax 407-723-5901
www.swicdd.com
The following is the proposed agenda for the Board of Supervisors’ Meeting for the SWI Community Development District, scheduled to be held Friday, August 28, 2020 at 9:00 a.m. via conference call due to the Executive Order 20-193 extending COVID-19 Executive Order 20-69. Attached to this Agenda is a copy of the Executive Order 20-193. The attendance of three Board Members is required to constitute a quorum.
To attend the meeting, please use the below conference call information: Phone:	1-844-621-3956
Access Code:	790 393 986 # BOARD OF SUPERVISORS’ MEETING AGENDA
Administrative Matters
Call to order
Roll call to confirm a quorum
Public Comment Period [for any members of the public desiring to speak on any proposition coming before the Board]
Consideration of the Minutes of the May 22, 2020 Board of Supervisors’ Meeting
Consideration of Resolution 2020-03, Setting an Annual Meeting Schedule for Fiscal Year 2020/2021
Consideration of Resolution 2020-04, Election of Officers

Business Matters
Review of Public Infrastructure Fee Collections [for the Board’s information only – no action needs to be taken]
Public Hearing on the Adoption of an Annual Budget; Consideration of Resolution 2020-05, Adopting a Budget and Appropriating Funds for the Fiscal Year 2020-2021 and Setting a Public Hearing Date Thereon [The District is required to take two steps each year to
approve a budget for its upcoming fiscal year, which begins on October 1st. First, the Board must approve a preliminary budget and select a date for a public hearing on the adoption of a final budget. Second, the Board must hold public hearing on the budget and, thereafter, finally adopt the annual budget, which is the purpose of this Board Meeting. The District’s budgeted operations and maintenance expenses are currently funded by the developer on an as-incurred basis pursuant to a developer funding agreement.]
Consideration of FY2020-2021 General Funds Funding Agreement
Consideration of First Amendment to Agreement between  the District and VglobalTech  for Website Maintenance Services (provided under separate cover)
Consideration of First Amendment to Agreement between the District and PFM for District Management Services (provided under separate cover)
Review and Acceptance of Engineer’s Annual Inspection Report

Review and Acceptance  of  FY  2018-2019  (October  1,  2018  -  September  30,  2019) Annual Financial Report [Also known as the District’s annual audit, which is transmitted to the State of Florida each year. The Board will be asked to accept the audit]
Ratification of Funding Request Number 139- 145
Review of District’s Financial Position

Other Business
Staff Reports
District Counsel
District Manager

Audience Comments Supervisors Requests

Adjournment

STATE OF FLORIDA
OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 20-193
(Amending Executive Order 20-179)

WHEREAS, on March 9, 2020, I issued Executive Order 20-52 declaring a state of emergency for the entire State of Florida due to COVID-19; and
WHEREAS, Executive Order 20-69, as amended by Executive Order 20-179, requires

amendment to provide local government bodies with additional time to notice their meetings.

NOW, THEREFORE, I, RON DESANTIS, as Governor of Florida, by virtue of the authority vested in me by Article IV, Section (l)(a) of the Florida Constitution, Chapter 252, Florida Statutes, and all other applicable laws, promulgate the following Executive Order to take immediate effect:
Section 1.

Section 3. of Executive Order 20-179 is amended to read, as follows:

Except as amended herein, I hereby extend Executive Order 20-69, as extended by Executive Orders 20-112, 20-123, 20-139 and 20-150, until 12:01 a.m. on October 1, 2020.
IN TESTIMONY WHEREOF, I have hereunto
set my hand and caused the Great Seal of the State of Florida to be affixed, at Tallahassee, this
7th day of	ust, 202	.

l>

en
I
-.J

c:::

-	5
r
rn
ATTEST:	0

SWI
COMMUNITY DEVELOPMENT DISTRICT

Minutes

SWI Community Development District Minutes of Meeting

The Board of Supervisors Meeting for the SWI Community Development District, was called to order at 9:01 a.m. on Friday, May 22, 2020 at via conference call due to the Executive Order 20-112 extending COVID-19 Executive Order 20-69.

Sans Lassiter	Board Member	(via phone)	
Renee Milza	Board Member	(via phone)	
Kristina Circelli	Board Member	(via phone)	
Vincent Lacerenza	Board Member	(via phone)	
Brian Fredley	Board Member	(via phone)	

Also present were:			

Jane Gaarlandt	
PFM	
(via phone)	
Christina Hanna	PFM	(via phone)	
Lubna Sikder	PFM	(via phone)	
Mark Watts	Cobb Cole, P.A.	(via phone)	

FIRST ORDER OF BUSINESS		
Roll Call	

The Board of Supervisors meeting for the SWI Community Development District was called to order at approximately 9:01 a.m. Those in attendance are listed above.

SECOND ORDER OF BUSINESS	Public Comment Period

There were no public comments.

THIRD ORDER OF BUSINESS	Consideration of the Minutes from the August 23, 2019 Auditor Selection Committee and Board of Supervisors’ Meetings

The Board reviewed the Minutes from the August 23, 2019 Auditor Selection Committee and Board of Supervisors’ Meetings.

Page 1 of 5

ON MOTION by Ms. Milza, seconded by Mr. Lacerenza, with all in favor, the Board of Supervisors for the SWI Community Development District approved the Minutes from the August 23, 2019 Auditor Selection Committee and Board of Supervisors Meetings.

FOURTH ORDER OF BUSINESS	Consideration of Resolution 2020-01, Designating Date, Time, and Location for a Landowners Meeting and Election

Ms. Gaarlandt suggested November 13, 2020 at the mall office at 10:00 a.m. Only the Landowner or the Landowner proxy are required to attend.

ON MOTION by Ms. Milza, seconded by Ms. Circelli, with all in favor, Board of Supervisors for the SWI Community Development District approved Resolution 2020-01, Designating Date, Time, and Location for a Landowners’ Meeting and Election for November 13, 2020 at the mall office at 10:00 a.m.

FIFTH ORDER OF BUSINESS	Review	of	Public Infrastructure Fee Collections

The Board reviewed the Public Infrastructure Fee Collections. No action is required by the Board. Mr. Watts noted he will provide an update during his staff report, but this is for the board’s information and no action is required by the Board or the District. The levying for the Public Infrastructure Fee is pledged as part of the repayment for any obligations that the District has issued.

Mr. Lassiter said collections will be down during the period the closure was in effect and asked how the District is handling that and the impacts to the District. Mr. Watts stated collections have generally been down and the revenues coming in from the PIF Collections repays the noted that is issued by the District. The most recent note payment at the beginning of May the District had insufficient revenue to cover the full payment that was due. The Landowner waive the default and allowed things to progress forward and collected what is coming in. Mr. Watts expect that to continue to be the case but hopefully get to a point where revenues pick back up and the District

is making all its payments as provided under the note and if the District continues to not be able to make payments for several payments in a row then the District may need to work with the Landowner to consider resizing the note. Right now it is an event of default under the note, but it has been waived. There were no other questions or comments.

SIXTH ORDER OF BUSINESS	Consideration of Resolution 2020-02, Approving a Proposed Budget for Fiscal Year 2020-2021 and Setting a Public Hearing Date Thereon

Ms. Gaarlandt suggested August 28, 2020 at 10:00 a.m. and the notice will take into consideration whether the meeting will be in-person or virtually. Ms. Sikder presented the Budget to the Board. She noted the overall budget amount did not increase and only the line item for General Insurance increases. Ms. Gaarlandt stated this is a Landowner funded District so the expenses will only be paid as they are incurred. The budget cannot be increased after today, but it can be decreased between now and the Public Hearing Date.

ON MOTION by Ms. Milza, seconded by Mr. Lacerenza, with all in favor, the Board of Supervisors for the SWI Community Development District approved Resolution 2020-02, Approving a Proposed Budget for Fiscal Year 2020-2021 and Setting a Public Hearing for August 28, 2020 at 10:00 a.m.

SEVENTH ORDER OF BUSINESS	Consideration of Proposal for Annual	Engineering Inspection

Ms. Gaarlandt presented the proposal for Annual Engineering Inspection. Mr. Watts explained this inspection is now required under Florida Law. Since this is a Landowner funded District is simply a cost insured by the District to comply with the law and passed through to the Landowner.

ON MOTION by Ms. Milza, seconded by Ms. Circelli, with all in favor, the Board of Supervisors for the SWI Community Development District approved Proposal for Annual Engineering Inspection.

EIGHTH ORDER OF BUSINESS	Ratification	of	Funding Request Number 132 - 138

The Board reviewed funding requests 132-138 that were previously approved by the Chair and funded. Mrs. Gaarlandt requested the Board’s ratification.

ON MOTION by Mr. Lassiter, seconded by Ms. Milza, with all in favor, the Board of Supervisors for the SWI Community Development District ratified Funding Request No. 132– 138.

NINTH ORDER OF BUSINESS	Review	of	District’s Financial Position

The Board reviewed the statements of the District’s Financial Position. There was no action required by the Board.

Ms. Sikder apologized for not having the April financials in the agenda packet and offered to send the board a copy of the most recent financials this week.

TENTH ORDER OF BUSINESS		Staff Reports Audience Comments Supervisor Requests Adjournment

District Attorney -	No Report.

District Manager -	Ms. Gaarlandt asked Ms. Hanna if she had the Letter from the Supervisor of Elections regarding the number of registered voters. Mr. Watts explained the District must report the number of register voters residing in the District as a requirement to see if the District is getting to the point under Chapter 190 that requires the transition of control of the Board to resident electors. It is a commercial District so that number should stay at zero. Ms. Gaarlandt noted the number of registered voters in the District is zero.

There was no further business to discuss. A motion to adjourn was requested.

ON MOTION by Mr. Lassiter, seconded by Mr. Fredley, with all in favor the May 22, 2020 Board of Supervisors’ meeting for the SWI Community Development District was adjourned.

 	_ 	 	_ 	
Secretary/Assistant Secretary	Chairman/Vice-Chairman

SWI
COMMUNITY DEVELOPMENT DISTRICT

Resolution 2020-03

RESOLUTION 2020-03

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE SWI COMMUNITY DEVELOPMENT DISTRICT ADOPTING THE ANNUAL MEETING SCHEDULE FOR FISCAL YEAR 2020/2021, AND PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, the SWI Community Development District (the “District”) is a local unit of special- purpose government created and existing pursuant to Chapter 190, Florida Statutes, and by an ordinance adopted by the City Council of the City of Port Orange, Florida; and

WHEREAS, the District is required by section 189.015, Florida Statutes, to file quarterly, semi- annually, or annually a schedule (including date, time, and location) of its regular meetings with local governing authorities; and

WHEREAS, further, in accordance with the above-referenced statute, the District shall also publish quarterly, semi-annually, or annually the District’s regular meeting schedule in a newspaper of general paid circulation in the county in which the District is located; and

WHEREAS, the Board of Supervisors (the “Board”) desires to adopt its annual meeting schedule for Fiscal Year 2020/2021, which is attached as Exhibit A.

NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE SWI COMMUNITY DEVELOPMENT DISTRICT

SECTION 1. The Fiscal Year 2020/2021 annual meeting schedule attached hereto and incorporated by reference herein as Exhibit A is hereby approved and shall be published in accordance with the requirements of Florida law and also provided to applicable governing authorities.

SECTION 2.   The District Manager and/or the Secretary is hereby directed to submit a copy of  the Fiscal Year 2020/2021 annual meeting schedule to the City of Port Orange and Volusia County, Florida.

SECTION 3. This Resolution shall become effective immediately upon its adoption.

PASSED AND ADOPTED this 28th day of August, 2020.

ATTEST:	SWI	COMMUNITY
DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Vice/Chairperson, Board of Supervisors

Exhibit A:	Fiscal Year 2020/2021 Annual Meeting Schedule

EXHIBIT A

Notice of Meeting Schedule
SWI Community Development District

As required by Chapters 189 and 190 of the Florida Statutes, notice is hereby given that the Board of Supervisors of the SWI Community Development District plans to hold its regular meetings for its 2021 fiscal year at the Cobb Cole Center, 149 South Ridgewood, Daytona Beach, Florida 32114 at 9:00 a.m. on the following dates:

May 28, 2021
August 27, 2021

The meetings are open to the public and will be conducted in accordance with the provision of Florida Law for Community Development Districts. The meetings may be continued to a date, time, and place to be specified on the record at the meeting. A copy of the agenda for these meetings may be obtained from 12051 Corporate Blvd., Orlando, Florida 32817 or by calling (407) 382-3256.

There may be occasions when one or more Supervisors or staff will participate by telephone. Pursuant to provisions of the Americans with Disabilities Act, any person requiring special accommodations at this meeting because of a disability or physical impairment should contact the District Office at (407) 723-5900 at least 48 hours prior to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service by dialing 7-1-1, or 1-800-955-8771 (TTY) / 1-800-955-8770 (Voice), for aid in contacting the District Office.

A person who decides to appeal any decision made at the meeting with respect to any matter considered at the meeting is advised that person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based.

District Manager

SWI
COMMUNITY DEVELOPMENT DISTRICT

Resolution 2020-04

RESOLUTION 2020-04

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE SWI COMMUNITY DEVELOPMENT DISTRICT ELECTING THE OFFICERS OF THE DISTRICT, AND PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, the SWI Community Development District (“District”) is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes; and

WHEREAS, pursuant to Section 190.006(6), Florida Statutes, as soon as practicable after each election or appointment to the Board of Supervisors (the “Board”), the Board shall organize by electing one of its members as chair and by electing a secretary, and such other officers as the Board may deem necessary.

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

Section 1.	_Renee Milza 		is elected Chairman. Section 2.	_Brian P. Fredley 		is elected Vice Chairman. Section 3.	_Jane Gaarlandt		is elected Secretary.
_Robert (Sans) Lassiter_ 	is elected Assistant Secretary.
_Christina Circelli	is elected Assistant Secretary.
_Vincent Lazerenza	is elected Assistant Secretary.
_Christina Hanna	is elected Assistant Secretary
  Jennifer Walden	is elected Assistant Secretary Section 4.	_Amanda Lane	is elected Treasurer.
Section 5.	_Jennifer Glasgow	is elected as Assistant Treasurer.

Section 6.	All resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.

Section 7.	This Resolution shall become effective immediately upon its adoption.

PASSED AND ADOPTED THIS 28TH DAY OF AUGUST, 2020.

SWI COMMUNITY
ATTEST:	DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairperson/Vice-Chairperson

SWI
COMMUNITY DEVELOPMENT DISTRICT

Public Infrastructure Fee Collections

SWI CDD FY20 User Fee Collections	Account: 6712167701

Month	Year	Amount	Collected In	
October	2019	44,488.52	Nov-19	
November	2019	44,113.42	Dec-19	
December	2019	49,568.68	Jan-20	
January	2020	70,169.96	Feb-20	
February	2020	57,620.06	Mar-20	
March	2020	55,343.55	Apr-20	
April	2020	29,865.88	May-20	
May	2020	12,613.36	Jun-20	
June	2020	31,384.99	Jul-20	
July	2020		Aug-20	
August	2020		Sep-20	
September	2020	 		Oct-20	
		$395,168.42		

SWI
COMMUNITY DEVELOPMENT DISTRICT

Resolution 2020-05

RESOLUTION 2020-05

THE ANNUAL APPROPRIATION RESOLUTION OF THE SWI DISTRICT (THE “DISTRICT”) RELATING TO THE ANNUAL APPROPRIATIONS AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER  1, 2020 AND ENDING SEPTEMBER 30, 2021; AUTHORIZING BUDGET AMENDMENTS; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the District Manager has, prior to the fifteenth (15th) day in June, 2020, submitted to the Board of Supervisors (the “Board”) a proposed budget for the next ensuing budget year along with an explanatory and complete financial plan for each fund of the District, pursuant to the provisions of Section 190.008(2)(a), Florida Statutes; and

WHEREAS, at least sixty (60) days prior to the adoption of the proposed annual budget (the “Proposed Budget”), the District filed a copy of the Proposed Budget with the local governing authorities having jurisdiction over the area included in the District pursuant to the provisions of Section 190.008(2)(b), Florida Statutes; and

WHEREAS, the Board set August 28, 2020, as the date for a public hearing thereon and caused notice of such public hearing to be given by publication pursuant to Section 190.008(2)(a), Florida Statutes; and

WHEREAS, the District Manager posted the Proposed Budget on the District’s website at least two days before the public hearing (or if the District does not yet have its own website, the District Manager timely transmitted the Proposed Budget to the manager or administrator of Volusia County for posting on their websites); and

WHEREAS, Section 190.008(2)(a), Florida Statutes, requires that, prior to October 1st of each year, the District Board, by passage of the Annual Appropriation Resolution, shall adopt a budget for the ensuing fiscal year and appropriate such sums of money as the Board deems necessary to defray all expenditures of the District during the ensuing fiscal year; and

WHEREAS, the District Manager has prepared a Proposed Budget, whereby the budget shall project the cash receipts and disbursements anticipated during a given time period, including reserves for contingencies for emergency or other unanticipated expenditures during the fiscal year.

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

Section 1.	Budget

That the Board of Supervisors has reviewed the District Manager’s Proposed Budget, a copy of which is on file with the office of the District Manager and at the District’s Records Office, and hereby approves certain amendments thereto, as shown in Section 2 below.

The District Manager’s Proposed Budget, attached hereto as Exhibit “A,” as amended by the Board, is hereby adopted in accordance with the provisions of Section 190.008(2)(a), Florida Statutes, and incorporated herein by reference; provided, however, that the comparative figures contained in the adopted budget may be subsequently revised as deemed necessary by the District Manager to reflect actual revenues and expenditures.

That the adopted budget, as amended, shall be maintained in the office of the District Manager and at the District’s Records Office and identified as “The Budget for the SWI Community Development District for the Fiscal Year Ending September 30, 2021,” as adopted by the Board of Supervisors on August 28, 2020.

The final adopted budget shall be posted by the District Manager on the District’s official website within thirty (30) days after adoption. If the District does not yet have its own website, the District Manager is directed to transmit the final adopted budget to the managers or administrators of Volusia County for posting on their websites.

Section 2.	Appropriations

There is hereby appropriated out of the revenues of the District, for the fiscal year beginning October 1, 2020, and ending September 30, 2021, the sum of $1,225,250.00, which sum is deemed by the Board of Supervisors to be necessary to defray all expenditures of the District during said budget year, to be divided and appropriated in the following fashion:

TOTAL GENERAL FUND	$	85,015.00	
TOTAL DEBT SERVICE FUND	$ 1,140,235.00	
TOTAL ALL FUNDS

Section 3.	Budget Amendments	$ 1,225,250.00	

Pursuant to Section 189.016, Florida Statutes, the District at any time within the fiscal year or within 60 days following the end of the fiscal year may amend its budget for that fiscal year as follows:

The Board may authorize an increase or decrease in line item appropriations within a fund by motion recorded in the minutes if the total appropriations of the fund do not increase.

The District Manager or Treasurer may authorize an increase or decrease in line item appropriations within a fund if the total appropriations of the fund do not increase and if the aggregate change in the original appropriation item does not exceed $10,000 or 10% of the original appropriation.

By resolution, the Board may increase any appropriation item and/or fund to reflect receipt of any additional unbudgeted monies and make the corresponding change to appropriations or the unappropriated balance.

Any other budget amendments shall be adopted by resolution and consistent with Florida law.

The District Manager or Treasurer must establish administrative procedures to ensure that any budget amendments are in compliance with this Section 3 and Section 189.016 of the Florida Statutes, among other applicable laws. Among other procedures, the District Manager or Treasurer must ensure that any amendments to budget(s) under subparagraphs c. and d. above are posted on the District’s website within 5 days after adoption. If the District does not yet have its own website, the District's Secretary is directed to transmit such amendments to the manager or administrator of Volusia County for posting on their websites.

Section 4.	Effective Date. This Resolution shall take effect immediately upon adoption.

Passed and adopted this 28th day of August, 2020.

ATTEST:	SWI COMMUNITY DEVELOPMENT
DISTRICT

Secretary/Assistant Secretary	Chairperson, Board of Supervisors

SWI Community Development District Fiscal Year 2020-2021 Proposed O&M Budget

Actuals Through 07/31/20

Anticipated 08/2020 -
09/2020

Anticipated FY 2020
Totals

FY 2020

     $24,378.33 	
$24,378.33	

Adopted Budget

FY 2021
Proposed Budget

Revenues	
Developer Contributions	
Net Revenues	

 	
 	$36,062.45	
$36,062.45	

 	
     $66,427.68 	
$66,427.68	

 
     $85,015.00 	
$85,015.00	

 
     $85,015.00 	
$85,015.00	

$400.00	
930.00	
5,000.00	
5,300.00	
8,333.33	
2,000.00	
0.00	
50.00	
0.00	
15.00	
0.00	
1,000.00	
250.00	
1,100.00	
0.00	
 	0.00 	
$24,378.33	

$400.00	
4,000.00	
30,000.00	
5,500.00	
9,412.74	
2,000.00	
5,450.00	
50.00	
0.00	
28.00	
0.00	
1,820.94	
250.00	
2,400.00	
175.00	
 	4,941.00 	
$66,427.68	

$2,400.00	
4,000.00	
30,000.00	
5,500.00	
25,000.00	
2,000.00	
5,500.00	
50.00	
25.00	
100.00	
265.00	
2,500.00	
250.00	
2,400.00	
175.00	
 	4,850.00 	
$85,015.00	

$2,400.00	
4,000.00	
30,000.00	
5,500.00	
25,000.00	
2,000.00	
5,500.00	
90.00	
0.00	
100.00	
100.00	
2,400.00	
250.00	
2,400.00	
175.00	
 	5,100.00 	
$85,015.00	

CDD General & Administrative 		
Supervisor Fees	$0.00	
Trustee Services	3,070.00	
Management	25,000.00	
Engineering	200.00	
District Counsel	1,079.41	
Trustee Counsel	0.00	
Audit	5,450.00	
Travel and Per Diem	0.00	
Telephone	0.00	
Postage & Shipping	13.00	
Copies	0.00	
Legal Advertising	820.94	
Contingency	0.00	
Web Site Maintenance	1,300.00	
Dues, Licenses, and Fees	175.00	
General Insurance	 	4,941.00	
Total General & Administrative
Expenses	$42,049.35	
Total Expenses	     $42,049.35 	

     $24,378.33 $66,427.68 $85,015.00 $85,015.00 

Net Income (Loss)	   
 	($5,986.90) 	$0.00 	$0.00 	$0.00      		

SWI Community Development District	
Fiscal Year 2020-2021 Proposed Debt Service Budget	

REVENUES:

Special Assessments

FY2021 Proposed Series 2016 Budget

$	1,140,235.00

TOTAL REVENUES	 $	1,140,235.00 

EXPENDITURES:

Principal 11/01/2020	
Interest 11/01/2020	
Interest 05/01/2021	

$	175,000.00	
$	262,295.00	
$	258,970.00	

TOTAL EXPENDITURES	 $	696,265.00 

EXCESS REVENUES	 $	443,970.00 

Principal 11/01/2021	
Interest 11/01/2021	

$	185,000.00	
$	258,970.00	

SWI
COMMUNITY DEVELOPMENT DISTRICT

FY2020-2021 General Funds Funding Agreement

SWI Community Development District Fiscal Year 2020-2021 Funding Agreement

This Agreement is made and entered into this 28th day of August, 2020, by and between SWI COMMUNITY DEVELOPMENT DISTRICT (hereinafter the “District”), a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated entirely within Volusia County, Florida and PORT ORANGE TOWN CENTER, LLC (hereinafter the “Developer”).

RECITALS

WHEREAS, the District was established by City of Port Orange, Ordinance, 2007- 52 (the Ordinance”), for the purpose of planning, financing, constructing, operating, and maintaining, certain infrastructure improvements; and

WHEREAS, the District’s fiscal year runs from October 1, 2020 through September 30, 2021 and

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

WHEREAS, the Developer is agreeable to funding the operations of the District for fiscal year 2021, running from October 1, 2020 to September 30, 2021, as called for in the proposed general fund budget approved by the District’s Board of Supervisors, a copy of which is attached hereto and made a part hereof as Exhibit “A”, in lieu of paying taxes, assessments or other charges to fund such operations.

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, THE DEVELOPER AND THE DISTRICT AGREE AS FOLLOWS:

The Developer agrees to make available to the District such monies as are necessary and reflect in the proposed general fund budget for the 2021 fiscal year on a monthly basis within 15 days of a written request by the District, but in no case shall the Developer be obligated to provide funds in excess of the amount shown on Exhibit “A”. The funds shall be placed in the District’s depository as determined by the District.

The parties agree that such monies as the Developer may provide the District under the terms of the Agreement are for operating and maintenance expenses only and, because they are deemed collected in lieu of taxes, assessments, or other charges, will not be reimbursed in this fiscal year.

This Agreement shall expire on September 30, 2021.

IN WITNESS WHEREOF THE PARTIES EXECUTE THIS AGREEMENT THE 28TH DAY OF AUGUST, 2020.

ATTEST:

SWI COMMUNITY DEVELOPMENT DISTRICT

 	
SECRETARY	CHAIRMAN

PORT ORANGE TOWN CENTER, LLC
a Delaware limited liability company,

By:	Port Orange I, LLC,
a Florida limited liability company,
its sole member and chief manager

By:	The Pavilion at Port Orange, a Florida limited liability company,
its managing member

By:	CBL & Associates Limited Partnership,
a Delaware limited partnership,
its chief manager

By:	CBL Holdings I, Inc.,
a Delaware Corporation, its sole general partner

By:	 	
Jeffery V. Curry, Chief Legal Officer

SWI
COMMUNITY DEVELOPMENT DISTRICT

Agreement between the District and VglobalTech

(provided under separate cover)

Website Maintenance Proposal For

SWI CDD

Date	Version#	Comments	Author	
June 25, 2020	1.0	Created Proposal	VB Joshi	

VGlobalTech is the ADA, WCAG Compliance Expert and leading Web design company, with over 300 ADA & WCAG compliant websites created (….and counting) to-date! We have partnered with a non-profit agency to conduct Human Audit and Certification Seal.
Visit https://vglobaltech.com/website-compliance/ for details.

COPYRIGHT ©: This proposal and the contents within this document are solely created by VGlobalTech team for its customers and cannot be reproduced, copied, modified or distributed (including forwarding to other customers, competitors, web designers etc.) without the written consent of VGlobalTech. VGlobalTech company holds Intellectual Property* details along with company software details that must not be shared with others without the written permission of the company. The proposal and software details are customized for the requesting customer and cannot be applied to any other customer / asset / solution. This document does not apply to a case if it is not exclusively sent to you by VGlobalTech upon request.
Any violations are punishable under the law and shall be prosecuted.

* VGlobalTech has developed unique ADA and WCAG compliance expertise, optimized website templates, compliance multi-step procedure and quality control, document conversion software
and test procedures. Contact us for details of VGlobalTech’s Intellectual Property.

Table of Contents
Pricing	4
Monthly Maintenance, Hosting and Email Support	4
2.0	Proposal Acceptance:	6

Pricing
Monthly Maintenance, Hosting and Email Support

Maintenance contract is required for VGlobalTech’s proprietary document conversion software (PDF to RTF) to be used that allows faster, accurate and batch processing for document conversion.

	Task	
1.	Full content upload support to regularly keep site updated (includes all documents, audit reports, agendas, meeting minutes, events etc). Update turnaround time – less than 24 hrs from customer sending the content and documents to be updated to VGT team.	
2.	PDF Documents conversion (to Text, HTML etc) as needed (new documents during the maintenance year only) for ADA Compliance / Reader Compliance. VGlobalTech’s proprietary batch conversion software shall be used by our team for faster batch-conversion processing as long as the contract is valid (big time saver that creates compliant documents that can be uploaded to the website). If Auto conversion fails, VGlobalTech team shall perform manual OCR and conversion within 24 hrs.	
3.	Email accounts setup and support	
	
Total Monthly Maintenance with full content upload, document conversion:
$100 / month

*support beyond 10 hrs. / month / CDD shall be billed at $55 / hr. separately (VGlobalTech team shall be responsible to track and report hours exceeded, if any)
***Monthly maintenance must be paid before the 10th of every month	

This proposal includes following points, stipulations terms and conditions:
*(1) conference call or in person meetings per month with client to review metrics, results and monthly recaps *unless otherwise noted
* email and phone communication
*Anything out of the scope of work in the above proposal will be addressed and client will be immediately notified. After notification of additional work, a subsequent quote will be provided to cover that work.
*Client is responsible to adhering to timelines as far as information required to complete the task is concerned. If timelines are not adhered to and exceed 15 business days past the current marketing months, last day, all work will end. A new month with new allocated costs will be presented for future work to commence. No refunds and owed work will be due unless otherwise agreed upon. An Invoice will be provided once signature approval of this project proposal. Payments will be made to VGLOBALTECH
*Client is responsible for verifying quality of work, providing feedback, verifying that compliance has been met as required. VGlobalTech team shall not be responsible for any legal ramifications arising from work not done as per external agencies / organizations / associations needs if
proper feedback is not provided by the customer. VGlobalTech’s work will be in best faith but cannot guarantee all compliance / legal needs since we are not the final authority in the ADA or WCAG compliance area. VGlobalTech shall not be liable for any legal ramifications arising from compliance issues and cannot be held responsible for any legal or other lawsuits.
Refund Policy: The client may halt work and request for a refund within seven days of the date of signing this services agreement by mailing a signed letter to the main address listed on www.VGlobalTech.com website. If client requests a refund within seven days of the date of signing their agreement, they shall be liable to pay for all work completed and will be refunded the remaining balance of the initial payment if billable work has not exceeded a charge that would be greater than client’s initial payment. If client requests a refund after the seven days from the date of the signing of the agreement client is liable to pay for all work completed plus an additional 25% of any remaining balance that may still be due. Once line item projects are complete no refunds will be issued. Confidentiality: All information between client and service provider inclusive of technical and business information relating to proprietary ideas, patentable ideas and/or trade secrets, existing and/or contemplated products and services, research and development, production, costs, profit and margin information, finances and financial projections, customers, clients, marketing, and current or future business plans and models, regardless of whether such information is designated as “Confidential Information” at the time of its disclosure and will be treated as such and with absolute confidentiality and will
not be shared or used, which will be maintained at all times. The client is not allowed to disclose their price with any third parties. Doing so is in breach of this agreement. All information development will be shared and proprietary information and property between client and service providers.

2.0 Proposal Acceptance:

The VGlobalTech proposed solution and terms have been accepted by the customer and the VGlobalTech can proceed with the project. All payments shall be made according to this agreement.

Website, Monthly Maintenance w/ Hosting and Email support

Signatures:

For Customer	Date

VB Joshi

For VGlobalTech	Date

EXHIBIT A

Page 3 of 3

SWI
COMMUNITY DEVELOPMENT DISTRICT

Agreement between the District and PFM for District Management Services

(provided under separate cover)

SWI
COMMUNITY DEVELOPMENT DISTRICT

Engineer’s Annual Inspection Report

Robert H. Pierro, P.E. 1585 Virginia Avenue Palm Harbor, FL 34683 rhpierro@icloud.com

July 21, 2020

SWI Community Development District
c/o MUFG Union Bank, N.A.
1251 Avenue of the Americas, 19th Floor New York, NY 10020
Atten: Ivy Wegener, Assistant Vice President, Corporate Trust – Client Account Manager

Re:	The Pavilion at Port Orange – CDD Inspection Services SWI Community Development District
City of Port Orange, Volusia County, Florida Dear Ms. Wegener:
I have completed the on-site inspection of the four storm water ponds owned by SWI CDD at The Pavilion at Port Orange in accordance with our proposal dated January 24, 2020.

An on-site inspection of the storm water ponds was performed on July 17, 2020 and included a meeting with Renee Milza, SLD, General Manager, CBL Properties and Vinny Lacerenza, Operations Manager, ERMC Total Facility Services.  ERMC is the company that CBL uses to maintain the site.  See attached site photos of the four storm water ponds. My onsite inspection included visual inspections around the perimeter of the four ponds to check for any items needing repair or additional maintenance. There were no observed issues with the retaining walls or pond slopes. The water quality in ponds 1, 3 & 4 looked good. Pond 2 had algae, probably due to the use of reclaimed water.

The Pavilion at Port Orange uses stormwater ponds 1-3 for its source of irrigation water. The ponds have access to reclaimed water during dry periods. The reclaimed water is discharged into the southern part of Pond 2. The reclaimed water discharge is being controlled by manually opening or closing a valve. There was no evidence of using reclaimed water due to the summer rains.

The Saint Johns River Water Management District stormwater permit for The Pavilion at Port Orange did not address the stormwater ponds being supplemented with reclaimed water. The water levels in the stormwater ponds is currently being maintained about one foot higher than anticipated in the permitted stormwater calculations. Fortunately, the permitted stormwater calculations were very conservative and I do not expect any major adverse flooding effects. However, if the water level in the stormwater ponds ever backs up in the parking lots then this will need to be re-evaluated.

The stormwater ponds at the Pavilion at Port Orange use multiple outfall control structures (OCS) to control the water levels in the stormwater ponds and it is necessary to properly maintain all the OCS’s even if they appear high and dry.

As I walked around the site, I observed standing water in all the perimeter ditches. When I measured the tailwater elevation (using the grate elevations) I determined that the water elevation in the ditches next to I-95 was higher than the storm water pond water elevation. The Outfall Control Structures next to I-95 have their overflow weir set at elevation 26.5 which is approximately 9 inches above the observed water elevation in the ditches and therefore there was no observed flow going from the ditches into the stormwater ponds. There was approximately a foot of standing water in the ditch next to Williamson Boulevard and I could not observe any water flow. These conditions were not reflected in the permitted stormwater calculations.  Based on these observations, the water levels in the stormwater ponds are being maintained at the lowest level possible.

Based on our on-site inspection I recommend the following areas (see Master Drainage Plan Exhibit) receive additional maintenance;

Area 1 is a where outfall pipes from ponds 1 & 4 discharge into the Williamson Blvd. ditch and then discharge via a 30” storm pipe under Williamson Blvd. flowing west. This area is within the R/W of Williamson Blvd. and should be maintained by Volusia County, however, the current maintenance of this area does not allow the stormwater ponds to function as designed and permitted. A review of historic aerials reveals that the Williamson Blvd. ditch has been properly maintained in the past. I recommend that CBL continue to monitor this area and to request maintenance by Volusia County when needed.

OCS 2 The vegetation around OCS 2 needs to be trimmed so that the grate on OCS 2 is not impacted. (See the fourth picture of Pond 1)

OCS 3 The vegetation around OCS 3 needs to be trimmed so that the grate on OCS 3 is not impacted. (see the second picture of Pond 2)

Areas 2 is the east end of the stormwater pipes discharging from OCS 4. This is a major outfall for the stormwater ponds. The end of the pipes should be kept clear of vegetation. This will keep the vegetation from choking the end of the stormwater pipe. (see the fourth picture of pond 2)

Areas 3 is the east end of the stormwater pipes discharging from OCS 5. This is a major outfall for the stormwater ponds. The end of the pipes should be kept clear of vegetation. This will keep the vegetation from choking the end of the stormwater pipe. (see the fourth picture of pond 3)

Area 4 also needs the ends of the stormwater pipes kept clear of vegetation. There is a 24” pipe discharging from OCS 6 and two 30” pipes to convey the discharge to the Williamson Blvd. ditch. Stormwater needs to be able to flow freely from the 24” pipe to the two 30” pipes. This area is subject to a drainage easement in favor of Volusia County. The party responsible for maintenance of this area was not clear to CBL or myself and guidance from the legal staff is requested. (See the last picture for Area 4)

As part of our due diligence, I reviewed the status of the storm water permit with Saint Johns River Water Management District (SJRWMD). SJRWMD provides a convenient portal thru their website to check the status of permits. The governing permit for this site is permit number 4-127-110939-7, dated

February 9, 2011. This permit authorized the SWI Community Development District to operate the system and is responsible for routine maintenance. There were no violations noted on the website.

In summary, the stormwater ponds are being maintained in a manner that keeps the stormwater ponds attractive and provides adequate flood protection. However, the stormwater ponds are not in conformance to the SJRWMD stormwater permit, due to the use of adding reclaimed water to the stormwater ponds. I also recommend that CBL continue to monitor the Williamson Blvd. ditch and to request maintenance by Volusia County as needed.

If you have any questions, please contact me. Sincerely,

Cc: Sonali Patil @ Fishkind & Associates, Inc.

Master Drainage Plan

Stormwater Pond 1
Parcel ID: 63180600005A

Photo Credit: Volusia County Property Appraiser

Stormwater Pond 2
Parcel ID: 63180600005D

Photo Credit: Volusia County Property Appraiser

Stormwater Pond 3
Parcel ID: 63180600005C

Photo Credit: Volusia County Property Appraiser

Stormwater Pond 4
Parcel ID: 63180600005B

Photo Credit: Volusia County Property Appraiser

Overall Parcel Map

Cl)
0)
C:
E
0

-

t::
c0..
ca
C:
·--0­