Lucaya Community Development District

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Lucaya Community Development District Board of Supervisors’ Meeting November 19, 2020 District Office: 9530 Marketplace Road, Suite 206 Fort Myers, Florida 33912 (239) 936-0913 www.lucayacdd.org

Transcript of Lucaya Community Development District

Lucaya Community Development District

Board of Supervisors’ Meeting November 19, 2020

District Office: 9530 Marketplace Road, Suite 206

Fort Myers, Florida 33912 (239) 936-0913

www.lucayacdd.org

LUCAYA COMMUNITY DEVELOPMENT DISTRICT

Rizzetta & Company, Inc., 9530 Marketplace Road, Suite 206, Fort Myers, Florida 33912

Board of Supervisors David Westbrook Chairman Kathleen Gough Vice Chairman Marcy Carlson Assistant Secretary Richard Klavas Assistant Secretary Tom Smith Assistant Secretary District Manager Belinda Blandon Rizzetta & Company, Inc. District Counsel Tucker Mackie Hopping Green & Sams, P.A. District Engineer Carl Barraco Barraco and Associates, Inc.

All cellular phones must be placed on mute while in the meeting room. The Audience Comment portion of the agenda is where individuals may make comments on matters that concern the District. Individuals are limited to a total of three (3) minutes to make comments during this time. Pursuant to provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting/hearing/workshop is asked to advise the District Office at least forty-eight (48) hours before the meeting/hearing/workshop by contacting the District Manager at (239) 936-0913. 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), who can aid you in contacting the District Office. A person who decides to appeal any decision made at the meeting/hearing/workshop with respect to any matter considered at the meeting/hearing/workshop 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 the appeal is to be based.

LUCAYA COMMUNITY DEVELOPMENT DISTRICT DISTRICT OFFICE • 9530 MARKETPLACE ROAD, SUITE 206, FORT MYERS, FLORIDA 33912

www.lucayacdd.org

November 11, 2020 Board of Supervisors Lucaya Community Development District

AGENDA Dear Board Members: The regular meeting of the Board of Supervisors of the Lucaya Community Development District will be held on Thursday, November 19, 2020 immediately following the conclusion of the Landowner meeting scheduled to begin at 9:00 a.m., at the office of Rizzetta & Company, Inc., 9530 Marketplace Road, Suite 206, Fort Myers, Florida 33912. The following is the agenda for the meeting:

1. CALL TO ORDER/ROLL CALL 2. PUBLIC COMMENT 3. BUSINESS ADMINISTRATION

A. Consideration of the Minutes of the Board of Supervisors’ Meeting held on August 20, 2020 ........................................... Tab 1

B. Consideration of the Operation and Maintenance Expenditures for the Months of August and September 2020 ...................... Tab 2

4. BUSINESS ITEMS A. Consideration of Resolution 2021-01, Canvassing and

Certifying Results of the November 19, 2020 Landowner Election ................................................................................... Tab 3

B. Consideration of Resignation of Board Supervisor Richard Klavas ....................................................................... Tab 4

C. Consideration of Appointment of Board Supervisors to Fill Seats 1 and 4

D. Consideration of Resolution 2021-02, Appointing and Removing Officers of the District ............................................ Tab 5

E. Consideration of Second Addendum to District Services Contract .................................................................................. Tab 6

5. STAFF REPORTS A. District Counsel B. District Engineer C. District Manager 6. SUPERVISOR REQUESTS AND COMMENTS

7. ADJOURNMENT We look forward to seeing you at the meeting. In the meantime, if you have any

questions, please do not hesitate to call us at (239) 936-0913.

Very truly yours,

Belinda Blandon Belinda Blandon

District Manager

cc: Tucker Mackie, Hopping Green & Sams, P.A.

Tab 1

LUCAYA COMMUNITY DEVELOPMENT DISTRICT August 20, 2020 Minutes of Meeting

Page 1

MINUTES OF MEETING 1 2

LUCAYA 3 COMMUNITY DEVELOPMENT DISTRICT 4 5 The regular meeting of the Board of Supervisors of the Lucaya Community 6 Development District was held on Thursday, August 20, 2020 at 9:14 a.m. by means of 7 Zoom communications media technology pursuant to Executive Orders 20-52, 20-69, 20-8 112, 20-114, 20-150 and 20-179 issued by Governor DeSantis on March 9, 2020, March 9 20, 2020, April 29, 2020, May 8, 2020, June 23, 2020, and July 29, 2020, respectively, 10 and pursuant to Section 120.54(5)(b)2., Florida Statutes. 11 12 Present and constituting a quorum: 13 14 David Westbrook Board Supervisor, Chairman 15 Kathleen Gough Board Supervisor, Vice Chair 16 Mary Carlson Board Supervisor, Assistant Secretary 17 Thomas Smith Board Supervisor, Assistant Secretary 18 19 Also present were: 20 21 Belinda Blandon District Manager, Rizzetta & Company, Inc. 22 Tucker Mackie District Counsel, Hopping Green & Sams P.A. 23 Wes Kayne District Engineer, Barraco & Associates, Inc. 24 Audience 25 26 FIRST ORDER OF BUSINESS Call to Order 27 28 Ms. Blandon called the meeting to order and read roll call. 29 30 SECOND ORDER OF BUSINESS Public Comment 31 32 Ms. Blandon called on each virtual attendee for public comments. Questions and 33 comments from the public were entertained. 34 35 THIRD ORDER OF BUSINESS Consideration of the Minutes of the 36

Audit Committee Meeting held on May 37 21, 2020 38

39 Ms. Blandon presented the minutes of the Audit Committee meeting held on May 21, 40

2020. She asked if there were any questions or comments. There were none. 41 42 On a Motion by Ms. Carlson, seconded by Ms. Gough, with all in favor, the Board Approved 43 the Minutes of the Audit Committee Meeting held on May 21, 2020, for the Lucaya 44 Community Development District. 45 46 47 48

LUCAYA COMMUNITY DEVELOPMENT DISTRICT August 20, 2020 Minutes of Meeting

Page 2 FOURTH ORDER OF BUSINESS Consideration of the Minutes of the 49

Board of Supervisors’ Meeting held on 50 May 21, 2020 51

52 Ms. Blandon presented the minutes of the Board of Supervisors’ meeting held on 53

May 21, 2020. She asked if there were any questions or comments. There were none. 54 55 On a Motion by Ms. Carlson, seconded by Mr. Smith, with all in favor, the Board Approved 56 the Minutes of the Board of Supervisors’ Meeting held on May 21, 2020, for the Lucaya 57 Community Development District. 58 59 FIFTH ORDER OF BUSINESS Consideration of the Operations and 60

Maintenance Expenditures for the 61 Months of May, June and July 2020 62

63 Ms. Blandon presented the Operations and Maintenance Expenditures for the 64 period of May 1-31, 2020 in the amount of $26,375.67, the period of June 1-30, 2020 in 65 the amount of $8,883.79, and the period of July 1-31, 2020 in the amount of $52,594.96. 66 She asked if there were any questions regarding any item of expenditure. Ms. Blandon 67 responded to questions related to various items of expenditures. 68 69 On a Motion by Mr. Smith, seconded by Mr. Westbrook, with all in favor, the Board Approved 70 the Operations and Maintenance Expenditures for the months of May 2020 ($26,375.67), 71 June 2020 ($8,883.79), and July 2020 ($52,594.67), for the Lucaya Community 72 Development District. 73 74 SIXTH ORDER OF BUSINESS Ratification of Acceptance of 2019 75

Audit 76 77 Ms. Blandon advised that the Chairman accepted the audit in order to meet filing 78

deadlines. She provided an overview of the audit as prepared by Grau & Associates and 79 asked if there were any questions. 80

81 On a Motion by Ms. Carlson, seconded by Mr. Smith, with all in favor, the Board Accepted 82 and Ratified the Previous Acceptance of the Fiscal Year End 2019 Audit as Prepared by 83 Grau & Associates, for the Lucaya Community Development District. 84 85 SEVENTH ORDER OF BUSINESS Consideration of Audit Committee 86

Recommendations 87 88 Ms. Blandon advised that the Audit Committee has reviewed and ranked the 89 proposals received in response to the RFP for Audit Services for fiscal years ending 90 September 30, 2020, 2021, 2022, 2023 and 2024 and recommended that the Board of 91 Supervisors negotiate an agreement with Berger, Toombs, Elam Gaines & Frank for audit 92 services. 93 94

LUCAYA COMMUNITY DEVELOPMENT DISTRICT August 20, 2020 Minutes of Meeting

Page 3

On a Motion by Mr. Smith, seconded by Ms. Carlson, with all in favor, the Board Accepted 95 the Ranking and Recommendation of the Audit Committee to Enter into Contract 96 Negotiations with the Highest Ranked Firm, Berger, Toombs, Elam Gaines & Frank, for 97 Audit Services for Fiscal Years End September 30, 2020, 2021, 2022, 2023, 2024, and 98 2025, for the Lucaya Community Development District. 99 100 EIGHTH ORDER OF BUSINESS Consideration of Earth Tech 101

Environmental Proposal for 2020 102 Summer Mangrove Trimming 103 Maintenance 104

105 Ms. Blandon provided an overview of the proposal received from Earth Tech 106

Environmental for the 2020 Summer mangrove trimming maintenance. She advised that 107 the proposal amount is $13,000.00 and asked if there were any questions. Ms. Carlson 108 asked that Staff bid out this service in the future. 109 110 On a Motion by Mr. Smith, seconded by Ms. Carlson, with all in favor, the Board Approved 111 the Proposal Received from Earth Tech Environmental for Summer 2020 Mangrove 112 Trimming Maintenance, in the Amount of $13,000.00, for the Lucaya Community 113 Development District. 114 115 NINTH ORDER OF BUSINESS Consideration of Resolution 2020-07, 116

Adopting a Meeting Schedule for Fiscal 117 Year 2020/2021 118

119 Ms. Blandon provided an overview of the resolution and advised that the schedule 120

being presented is consistent with the current year meeting schedule and asked if there were 121 any questions. Ms. Carlson inquired as to the frequency of meetings. Discussion ensued 122 regarding the turn over of retention ponds from Taylor Morrison. 123

124 On a Motion by Ms. Carlson, seconded by Ms. Gough, with all in favor, the Board Adopted 125 Resolution 2020-07, Adopting a Meeting Schedule for Fiscal Year 2020/2021, for the 126 Lucaya Community Development District. 127 128 TENTH ORDER OF BUSINESS Public Hearing Related to the Fiscal 129

Year 2020/2021 Budget and 130 Assessments 131

132 Ms. Blandon provided an overview of the public hearing process and asked for a 133 motion to open the public hearing. 134 135 On a Motion by Mr. Westbrook, seconded by Ms. Gough, with all in favor, the Board Opened 136 the Public Hearing Related to the Fiscal Year 2020/2021 Budget and Assessments, for the 137 Lucaya Community Development District. 138 139 140

LUCAYA COMMUNITY DEVELOPMENT DISTRICT August 20, 2020 Minutes of Meeting

Page 4 ELEVENTH ORDER OF BUSINESS Presentation of the Proposed Final 141

Budget for Fiscal Year 2020/2021 142 143 Ms. Blandon provided an overview of the proposed final budget advising that the 144 operations and maintenance budget is $376,830.00 and the reserve budget is 145 $25,950.00; she advised that the budgets include an increase of $38,550.00 and the 146 reserve budget includes an increase of $632.00. She asked if there were any questions 147 from the Board. There were none. 148 149 Ms. Blandon called on each virtual attendee for questions and comments related 150 to the budget and assessments. There were none. 151 152 TWELFTH ORDER OF BUSINESS Consideration of Resolution 2020-08, 153

Annual Appropriations and Adopting 154 the Budget for Fiscal Year 2020/2021 155

156 Ms. Blandon provided an overview of the resolution and advised that section two 157

would be completed as follows: total general fund budget amount is $376,830.00, total 158 reserve fund budget is $25,950.00, and total debt service series 2005A fund $119,286.64, 159 for a total budget amount of $522,066.64. She asked if there were any questions. Ms. 160 Gough advised that she would like for the reserves to be reviewed as the reserve fund 161 seems low. 162 163 On a Motion by Ms. Gough, seconded by Mr. Smith, with all in favor, the Board Adopted 164 Resolution 2020-08, Annual Appropriations and Adopting the Budget for Fiscal Year 165 2020/2021, for the Lucaya Community Development District. 166 167 THIRTEENTH ORDER OF BUSINESS Consideration of Resolution 2020-09, 168

Making a Determination of Benefit and 169 Imposing Special Assessments for 170 Fiscal Year 2020/2021 171

172 Ms. Blandon provided an overview of the resolution and asked if there were any 173

questions. There were none. 174 175 On a Motion by Ms. Gough, seconded by Ms. Carlson, with all in favor, the Board Adopted 176 Resolution 2020-09, Making a Determination of Benefit and Imposing Special Assessments 177 for Fiscal Year 2020/2021, for the Lucaya Community Development District. 178 179 Ms. Blandon advised that there was no further business to be conducted during 180 the public hearing and asked for a motion to close the public hearing. 181 182 On a Motion by Mr. Smith, seconded by Ms. Gough, with all in favor, the Board Closed the 183 Public Hearing Related to the Fiscal Year 2020/2021 Budget and Assessments, for the 184 Lucaya Community Development District. 185 186 187

LUCAYA COMMUNITY DEVELOPMENT DISTRICT August 20, 2020 Minutes of Meeting

Page 5 188 FOURTEENTH ORDER OF BUSINESS Staff Reports 189 190

A. District Counsel 191 Ms. Mackie advised that she had no report. 192 193

B. District Engineer 194 Mr. Kayne advised that he had no report. 195 196

C. District Manager 197 Ms. Blandon advised the next meeting of the Board of Supervisors is 198 scheduled for Thursday, November 19, 2020 at 9:00 a.m. at which time 199 there will also be a Landowner Meeting/Election for seat #3. 200 201 Ms. Carlson asked if it is too soon to start obtaining proxies for seat 3. Ms. 202 Mackie advised that it is not too soon. 203 204

FIFTEENTH ORDER OF BUSINESS Supervisor Requests and Comments 205 206 Ms. Blandon opened the floor for Supervisor Requests and Comments. 207 208 Mr. Westbrook advised that his term is up and he is not sure if he should attend 209 the November meeting. Ms. Mackie advised that the newly elected Supervisors would 210 take their seats on the 17th and so there would not be a need for Mr. Westbrook to attend 211 the November meeting. 212 213 Ms. Gough advised that she submitted for her seat but there was an error so it was 214 not accepted; however, she advised that it is her understanding that she can stay on the 215 Board by being appointed. She asked that Ms. Mackie confirm. Ms. Mackie advised that 216 she believes that she was elected to the seat; however, in an abundance of caution, in 217 November the Board can accept the election results and appoint Ms. Gough back to her 218 seat. Discussion ensued. 219 220 SIXTEENTH ORDER OF BUSINESS Adjournment 221 222

Ms. Blandon advised there is no further business to come before the Board and 223 asked for a motion to adjourn. 224 225 On a Motion by Ms. Carlson, seconded by Mr. Westbrook, with all in favor, the Board 226 adjourned the meeting at 9:53 a.m., for the Lucaya Community Development District. 227 228 229 _______________________________ _______________________________ 230 Secretary/Assistant Secretary Chairman/ Vice Chairman 231

Tab 2

The total items being presented: $23,232.66

Approval of Expenditures:

__________________________________

_____Chairperson

_____Vice Chairperson

_____Assistant Secretary

Attached please find the check register listing the Operation and Maintenance expenditures paid from August 1, 2020 through August 31, 2020. This does not include expenditures previously approved by the Board.

LUCAYA COMMUNITY DEVELOPMENT DISTRICT

DISTRICT OFFICE · 9530 MARKETPLACE ROAD· SUITE 206 · FT. MYERS, FLORIDA 33912

Operation and Maintenance ExpendituresAugust 2020

For Board Approval

Lucaya Community Development DistrictPaid Operation & Maintenance Expenditures

August 1, 2020 Through August 31, 2020

Vendor Name Check Number Invoice Number Invoice Description Invoice Amount

Barraco & Associates, Inc. 003332 21148 Engineering Services 08/20 835.00$

Cardno, Inc 003335 297063 Phase 2020 Monthly Water Use Permit-07/20 300.00$

CenturyLink 003334 444250193 08/20 Telephone Service 08/20 167.57$

Florida Fire Systems, LLC 003336 39122 Service Call 08/20 825.00$

Florida Fire Systems, LLC 003336 39149 Quarterly Sprinkler and Pump Inspection 08/20 350.00$

FPL 003327 01334-29555 07/20 14588 Abaco Lakes Dr #LS-3 07/20 34.58$

FPL 003327 07629-61480 07/20 10402 Santiva Way #LS-1 07/20 73.69$

FPL 003327 37429-98226 07/20 14500 Abaco Lakes Dr #LS-2 07/20 21.80$

FPL 003327 55638-47366 07/20 14492 Dolace Vista RD Fire Pump 07/20 209.43$

Graley Mechanical Inc. 003328 M-138A-70 Replaced Phase Monitor & Fuses 07/20 450.00$

Graley Mechanical Inc. 003337 M138-820 Pump Station Monthly Maintenance 08/20 200.00$

Hopping Green & Sams 003329 116194 Legal Services Billed Through 06/30/20 908.50$

Kathleen Gough 003338 KG082020 Board of Supervisors Meeting 08/20/20 150.00$

Lee County Utilities 003339 1113763-5 08/20 Water/Sewer Billing 08/20 11,032.73$

Lucaya Community Development DistrictPaid Operation & Maintenance Expenditures

August 1, 2020 Through August 31, 2020

Vendor Name Check Number Invoice Number Invoice Description Invoice Amount

Mary E. Carlson 003333 MC082020 Board of Supervisors Meeting 08/20/20 150.00$

Nature's Blueprint of Southwest Florida, LLC 003340 20508 Landscape Maintenance 08/20 1,163.33$

Rizzetta & Company, Inc. 003325 INV0000051764 District Management Fees 08/20 4,029.42$

Rizzetta & Company, Inc. 003330 INV0000051846 Mass Mail 506.73$

Rizzetta Technology Services, LLC 003326 INV0000006097 Website Email & Hosting Services 08/20 175.00$

Solitude Lake Management 003342 PI-A00456152 Lake and Wetland Maintenance 08/20 488.00$

The Breeze Corporation 003331 070210-B02399 07/20

Acct # B02399 Legal Advertising 07/31/20 1,011.88$

Thomas W. Smith 003341 TS082020 Board of Supervisors Meeting 08/20/20 150.00$

Report Total 23,232.66$

The total items being presented: $18,940.88

Approval of Expenditures:

__________________________________

_____Chairperson

_____Vice Chairperson

_____Assistant Secretary

Attached please find the check register listing the Operation and Maintenance expenditures paid from September 1, 2020 through September 30, 2020. This does not include expenditures previously approved by the Board.

LUCAYA COMMUNITY DEVELOPMENT DISTRICT

DISTRICT OFFICE · 9530 MARKETPLACE ROAD· SUITE 206 · FT. MYERS, FLORIDA 33912

Operation and Maintenance ExpendituresSeptember 2020

For Board Approval

Lucaya Community Development DistrictPaid Operation & Maintenance Expenditures

September 1, 2020 Through September 30, 2020

Vendor Name Check Number Invoice Number Invoice Description Invoice Amount

Cardno, Inc 003347 298500 Phase 2020Monthly Water Use Permit-08/20 300.00$

CenturyLink 003350 444250193 09/20 Telephone Service 09/20 167.57$

FPL 003346 01334-29555 08/20 14588 Abaco Lakes Dr #LS-3 08/20 44.88$

FPL 003346 07629-61480 08/20 10402 Santiva Way #LS-1 08/20 91.14$

FPL 003346 37429-98226 08/20 14500 Abaco Lakes Dr #LS-2 08/20 23.51$

FPL 003346 55638-47366 08/20 14492 Dolace Vista RD Fire Pump 08/20 223.05$

Graley Mechanical Inc. 003348 M138-920 Pump Station Monthly Maintenance 09/20 200.00$

Hopping Green & Sams 003349 116803 Legal Services 07/20 357.50$

Lee County Utilities 003353 1113763-5 09/20 Water/Sewer Billing 09/20 11,488.73$

Nature's Blueprint of Southwest Florida, LLC 003351 20682 Landscape Maintenance 09/20 1,163.33$

Office Dynamics 003343 00031539 5 Agenda Packages 08/20 188.75$

Rizzetta & Company, Inc. 003344 INV0000052554 District Management Fees 09/20 4,029.42$

Rizzetta Technology Services, LLC 003345 INV0000006197 Website Email & Hosting Services 09/20 175.00$

Solitude Lake Management 003352 PI-A00469379 Lake and Wetland Maintenance 09/20 488.00$

Report Total 18,940.88$

Tab 3

RESOLUTION 2021-01

A RESOLUTION OF THE BOARD OF SUPERVISORS OF LUCAYA COMMUNITY DEVELOPMENT DISTRICT CANVASSING AND CERTIFYING THE RESULTS OF THE LANDOWNERS ELECTION OF SUPERVISORS HELD PURSUANT TO SECTION 190.006(2), FLORIDA STATUTES, AND PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, Lucaya Community Development District (hereinafter the “District”) is a local

unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated entirely within Lee County, Florida; and

WHEREAS, pursuant to Section 190.006(2), Florida Statutes, a landowners meeting is required to be held within 90 days of the District’s creation and every two years following the creation of the District for the purpose of electing supervisors of the District; and

WHEREAS, such landowners meeting was held on November 19, 2020, the Minutes of which are attached hereto as Exhibit A, and at which the below recited persons were duly elected by virtue of the votes cast in their respective favor; and

WHEREAS, the Board of Supervisors of the District, by means of this Resolution, desire to canvas the votes and declare and certify the results of said election.

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

Section 1. The following persons are found, certified, and declared to have been duly elected as Supervisors of and for the District, having been elected by the votes cast in their favor as shown:

votes

Section 2. In accordance with Section 190.006(2), Florida Statutes, and by virtue of the

number of votes cast for the respective Supervisors, the above-named persons are declared to have been elected for the following terms of office:

4 Year Term Seat 3

Section 3. This resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED THIS 19TH DAY OF NOVEMBER, 2020.

LUCAYA COMMUNITY DEVELOPMENT DISTRICT

CHAIRMAN/VICE CHAIRMAN ATTEST: SECRETARY/ASSISTANT SECRETARY

Tab 4

From: Nancy KlavasTo: Belinda BlandonSubject: Richard Klavas - CDD Board SupervisorDate: Friday, November 06, 2020 7:11:45 AM

Please accept my resignation on the Lucaya CDD Board of Supervisors effective Thursday, November19, 2020. I no longer reside in Lucaya and feel that a resident of that community should serve on thisboard.

Richard Klavas14581 Eagle Ridge DrFort Myers FL 33912219-306-3788

Tab 5

RESOLUTION 2020-02

A RESOLUTION OF THE BOARD OF SUPERVISORS OF LUCAYA COMMUNITY DEVELOPMENT DISTRICT APPOINTING [AND REMOVING] OFFICERS OF THE DISTRICT, AND PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, Lucaya Community Development District (hereinafter the “District”) is

a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated entirely within Lee County, Florida; and

WHEREAS, the Board of Supervisors of the District desires to appoint [and remove] Officers of the District.

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

Section 1. _________________________ is appointed Chairman. Section 2. _________________________ is appointed Vice Chairman. Section 3. _________________________ is appointed Assistant Secretary. _________________________ is appointed Assistant Secretary. _________________________ is appointed Assistant Secretary. Belinda Blandon is appointed Assistant Secretary. Melissa Dobbins is appointed Assistant Secretary. Section 4. Joe Roethke, Richard Klavas, and David Westbrook are hereby

removed as Assistant Secretaries. Section 5. This Resolution shall become effective immediately upon its adoption.

PASSED AND ADOPTED THIS 19TH DAY OF NOVEMBER, 2020.

LUCAYA COMMUNITY

DEVELOPMENT DISTRICT

____ CHAIRMAN / VICE CHAIRMAN

ATTEST: __ SECRETARY / ASSISTANT SECRETARY

Tab 6

1

SECOND ADDENDUM TO THE CONTRACT FOR PROFESSIONAL DISTRICT SERVICES This Second Addendum to the Contract for Professional District Services (this “Addendum”), is made and entered into as of the ____________, 2020 (the “Effective Date”), by and between Lucaya Community Development District, a local unit of special purpose government established pursuant to Chapter 190, Florida Statutes, located in Lee County, Florida (the “District”), and Rizzetta & Company, Inc., a Florida corporation (the “Consultant”).

RECITALS

WHEREAS, the District and the Consultant entered into the Contract for Professional District Services dated October 1st, 2018 (the “Contract”), incorporated by reference herein; and WHEREAS, the District and the Consultant desire to amend Exhibit B - Schedule of Fees of the Fees and Expenses, section of the Contract as further described in this Addendum; and WHEREAS, the District and the Consultant each has the authority to execute this Addendum and to perform its obligations and duties hereunder, and each party has satisfied all conditions precedent to the execution of this Addendum so that this Addendum constitutes a legal and binding obligation of each party hereto. NOW, THEREFORE, based upon good and valuable consideration and the mutual covenants of the parties, the receipt of which and sufficiency of which is hereby acknowledged, the District and the Consultant agree to the changes to amend Exhibit B - Schedule of Fees attached.

The amended Exhibit B - Schedule of Fees are hereby ratified and confirmed. All other terms and conditions of the Contract remain in full force and effect.

IN WITNESS WHEREOF the undersigned have executed this Addendum as of the Effective Date.

2

Therefore, the Consultant and the District each intend to enter this Addendum, understand the terms set forth herein, and hereby agree to those terms.

ACCEPTED BY: RIZZETTA & COMPANY, INC.

BY:

PRINTED NAME: William J. Rizzetta

TITLE: President

DATE:

WITNESS: _________________________________

Signature _________________________________ Print Name LUCAYA COMMUNITY DEVELOPMENT DISTRICT

BY:

PRINTED NAME:

TITLE: Chairman/Vice Chairman

DATE: ATTEST: __________________________________ Vice Chairman/Assistant Secretary Board of Supervisors __________________________________ Print Name

3

Exhibit B – Schedule of Fees EXHIBIT B

Schedule of Fees STANDARD ON-GOING SERVICES: Standard On-Going Services will be billed in advance monthly pursuant to the following schedule:

MONTHLY ANNUALLY

Management: $ 1,811.08 $21,733 Administrative: $ 386.25 $ 4,635 Accounting: $ 1,523.83 $18,286 Financial & Revenue Collections: $ 429.17 $ 5,150

Assessment Roll (1): $ 5,150 Total Standard On-Going Services: $ 4,150.33 $54,954

(1) Assessment Roll is paid in one lump-sum payment at the time the roll is completed.

4

ADDITIONAL SERVICES: Extended and Continued Meetings Hourly $ 180.25 Special/Additional Meetings Per Occurrence Upon Request Modifications and Certifications to Special Assessment Allocation Report Per Occurrence Upon Request True-Up Analysis/Report Per Occurrence Upon Request Re-Financing Analysis Per Occurrence Upon Request Bond Validation Testimony Per Occurrence Upon Request Special Assessment Allocation Report Per Occurrence Upon Request Bond Issue Certifications/Closing Documents Per Occurrence Upon Request Electronic communications/E-blasts Per Occurrence Upon Request Special Information Requests Hourly Upon Request Amendment to District Boundary Hourly Upon Request Grant Applications Hourly Upon Request Escrow Agent Hourly Upon Request Continuing Disclosure/Representative/Agent Annually Upon Request Community Mailings Per Occurrence Upon Request Response to Extensive Public Records Requests Hourly Upon Request

PUBLIC RECORDS REQUESTS FEES: Public Records Requests will be billed hourly to the District pursuant to the current hourly rates shown below: JOB TITLE: HOURLY RATE:

Senior Manager $ 54.00 District Manager $ 42.00 Accounting & Finance Staff $ 29.00 Administrative Support Staff $ 25.00

LITIGATION SUPPORT SERVICES: Hourly Upon Request ADDITIONAL THIRD-PARTY SERVICES: Pre-Payment Collections/Estoppel/Lien Releases:

Lot/ Homeowner Per Occurrence Upon Request Bulk Parcel(s) Per Occurrence Upon Request