Somerset Community Development District

Board of Supervisors’ Regular Meeting August 9, 2021

District Office:
120 Richard Jackson Blvd, Suite 220 Panama City Beach, Florida 32407 850-334-9055

SOMERSET COMMUNITY DEVELOPMENT DISTRICT AGENDA
SOMERSET COMMUNITY DEVELOPMENT DISTRICT

District Office · Panama City Beach, Florida · (850) 334-0913 Mailing Address · 3434 Colwell Avenue, Suite 200, Tampa, Florida 33614
www.somersetcdd.org

District Board of Supervisors	Andrew O’Connell John Rosenberg George Hartley Tonya Pippin Tom Dodson	Chairman Vice Chairman
Assistant Secretary Assistant Secretary Assistant Secretary	
District Manager	Kimberly O’Mera	Rizzetta & Company, Inc	
District Counsel	Tucker Mackie	Hopping Green & Sams, P.A.	
District Engineer	Jim Martelli	Innerlight Engineering	

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
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 (850) 334-9055. 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.

SOMERSET COMMUNITY DEVELOPMENT DISTRICT
DISTRICT OFFICE  PANAMA CITY BEACH, FL 32407
MAILING ADDRESS  3434 COLWELL AVENUE, SUITE 200, TAMPA, FL 33614
http://somersetcdd.org/

Board of Supervisors Somerset Community Development District

August 2, 2021

AGENDA
Dear Board Members:

The Regular Meeting of the Board of Supervisors of the Somerset Community Development District will be held on Monday, August 9, 2021, at 2:00 p.m. (Central Time) at the Alys Beach Office Building 1 located at 84 Elbow Beach Road, Alys Beach, FL 32461 The following is the Tentative Agenda for this meeting:

CALL TO ORDER/ROLL CALL
AUDIENCE COMMENTS
BUSINESS ADMINISTRATION
Consideration of Minutes of the Board of
Supervisors’ Meetings Held on July 12, 2021	Tab 1
Ratification of Operation and Maintenance Expenditures for
May 2021	Tab 2
BUSINESS ITEMS
Consideration to Terminate Cost Share Agreement – Alys Beach Neighborhood Association	Tab 3
Consideration of Landscape Maintenance Agreement – Rip’s Professional Lawn Care	Tab 4
Public Hearing to Consider the Adoption of the Fiscal Year 2021/2022 Budget
Presentation of the Proposed Final Budget
for Fiscal Year 2021/2022	Tab 5
Consideration of Resolution 2021-04, Annual Appropriations
and Adopting the Budgets for Fiscal Year 2021/2022	Tab 6
Public Hearing to Consider the Imposition of Operations and Maintenance Special Assessments
Consideration of Resolution 2021-05, Making a Determination of Benefit and Imposing Special Assessments for Fiscal Year 2021/2022; Providing for the Collection and Enforcement
Of Special Assessments, Certifying an Assessment Roll	Tab 7
Consideration of Fiscal Year 2021/2022 Direct Collection
Agreement	Tab 8
Consideration of Resolution 2021-06, Fiscal Year 2021/2022
Annual Meeting Schedule	Tab 9

STAFF REPORTS
District Counsel
District Engineer
District Manager

Somerset Community Development District
August 9, 2021 Tentative Agenda- Page 2

SUPERVISOR REQUESTS
ADJOURNMENT

I look forward to seeing you at the meeting. In the meantime, if you have any questions, please do not hesitate to call me at 850-334-9055.

Sincerely,
Kimberly O’Mera
Kimberly O’Mera District Manager

Tab 1

SOMERSET COMMUNITY DEVELOPMENT DISTRICT
July 12, 2021 Minutes of Meeting
Page 1

1	MINUTES OF MEETING
2
Each person who decides to appeal any decision made by the Board with respect
to any matter considered at the meeting is advised that 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.
7
SOMERSET
COMMUNITY DEVELOPMENT DISTRICT
10
A special meeting of the Board of Supervisors of the Somerset Community
Development District was held on Monday, July 12, 2021, at 12:04 p.m. Central Time
at the Alys Beach Office Building 1 located at 84 Elbow Road, Alys Beach, FL 32461.
14
15
Present and constituting a quorum:
Andrew O’Connell	Board Supervisor, Chairman
John Rosenburg	Board Supervisor, Vice Chairman
Tom Dodson	Board Supervisor, Assistant Secretary
20
Also present were:
Kimberly O’Mera	District Manager, Rizzetta & Company, Inc.
Tucker Mackie	District Counsel, Hopping Green & Sams, P.A.
Jim Martelli	District Engineer, Inner Light Engineering
(Via Speakerphone)
26
27	Audience	Present
28
29
30	FIRST ORDER OF BUSINESS	Call to Order
31
Ms. O’Mera called the meeting to order and read the roll call, confirming a quorum for the
meeting.
34
35	SECOND ORDER OF BUSINESS	Audience Comments
36
37	There were no audience comments.
38
39
40

SOMERSET COMMUNITY DEVELOPMENT DISTRICT
July 12, 2021 Minutes of Meeting
Page 2

42	
THIRD ORDER OR BUSINESS	
Consideration of the Minutes of the	
43		Board of Supervisors’ Meeting Held	
44		on May 24, 2021	
45	
On a motion by Mr. O’Connell, second Supervisors accepted the Minutes of 2021, for Somerset Community Devel	
ed by Mr. Dodson, with all in favor, the Board of the Board of Supervisors’ Meeting, held on May 24, opment District.	
46
FOURTH ORDER OF BUSINESS	Ratification	of	Operation	and
Maintenance Expenditures for April
49	2021
Ms. O’Mera a reviewed the Operation and Maintenance Expenditures for April 2021 with the
Board. Ms. O’Mera noted that the following expenditures were included in the April 2021
expenditures:
	$17,550.00 – Alys Beach Neighborhood Association, Inc. (Palm Tree Trimming)
February 2020
	$144,753.56 – Alys Beach Resorts, Inc. (Slip Road Project) April 2020
	$8,118.85 – Alys Beach Resorts, Inc. (Replacement of 2 Streetlights) July 2020
57
58	Discussion ensued.
59

On a motion by Mr. O’Connell, seconded by Mr. Rosenberg , with all in favor, the Board of Supervisors ratified the Operation and Maintenance Expenditures for April 2021 in the amount of $191,439.70, for Somerset Community Development District.

60
FITFTH ORDER OF BUSINESS	Consideration of Dune Maintenance
Proposal – Dune Doctors
Ms. O’Mera presented and reviewed the Dune Maintenance Proposal with the Board. The
proposal provides a quarterly maintenance program for the period of November 2021-
October 2022 at $72,480.00, billed quarterly.	Ms. Mackie will prepare the formal
agreement. Discussion ensued.
67

On a Motion by Mr. O’Connell, seconded by Mr. Rosenberg, with all in favor, the Board of Supervisors approved the Dune Maintenance Proposal in the amount of $72,480.00 with Dune Doctors, for Somerset Community Development District.

SOMERSET COMMUNITY DEVELOPMENT DISTRICT
July 12, 2021 Minutes of Meeting
Page 3

69	SIXTH ORDER OF BUSINESS	Consideration of Memorandum of	
70		Understanding with HOA –	
71		Maintenance Responsibilities	
72			
Ms. O’Mera turned the presentation over to Ms. Mackie. Ms. Mackie reviewed the
Memorandum with the Board. Discussion ensued.
75

On a Motion by Mr. O’Connell, seconded by Mr. Dodson, with all in favor, the Board of Supervisors approved the Memorandum of Understanding with Alys Beach Neighborhood Association, Inc. – Maintenance Responsibilities, for Somerset Community Development District.

76
SEVENTH ORDER OF BUSINESS	Consideration of Facility Maintenance
and Repair Services Agreement – Alys
Beach Resorts, LLC
80
Ms. O’Mera turned over the presentation to Ms. Mackie. Ms. Mackie reviewed the
agreement with the Board. Mr. Buchewicz with Alys Beach Resorts, Inc. reviewed the
items that are being provided and the changes with the Board. Discussion ensued. Mr.
O’Connell questioned the daily inspection of the wells. Ms. O’Mera advised due to the
water use permit, readings are required to be performed daily. Mills to obtain pricing for
an automated flow meters to reduce the need for daily readings permed manually.
87	.

On a Motion by O’Connell, seconded by Mr. Dodson, with all in favor, the Board of Supervisors, approved Facility Maintenance and Repair Services Agreement – Alys Beach Resorts, LLC, for Somerset Community Development District.

88
EIGHTH ORDER OF BUSINESS	Discussion of Fiscal Year 2021/2022
Approved Proposed Budget
91
Ms. O’Mera presented and reviewed with the Board the changes to the Approved
Proposed Budget for Fiscal Year 2021/2022 highlighting the changes. The Board
discussed critical maintenance items and the need to accelerate the funding of Reserves.
Discussion ensued.
96
97	Total Budget $1,531,265.00. Total Operations and Maintenance Expenditures
98	$832,709.00 and total Reserve Fund $698,556.00.
99

On a Motion by Mr. O’Connell, seconded by Mr. Rosenberg, with all in favor, the Board of Supervisors approved the amendments made to the Approved Proposed Budget for Fiscal year 2021/2022, for Somerset Community Development District.

SOMERSET COMMUNITY DEVELOPMENT DISTRICT
July 12, 2021 Minutes of Meeting
Page 4

NINTH ORDER OF BUSINESS	Consideration of Proposal for Dune
Clean Up – Dune Doctors
103
Mrs. O’Mera presented and reviewed the proposal with the Board. The total of the
proposal is $62,064.36. This is a special clean up for areas that were not being
maintained. Discussion ensued.
107

On a Motion by Mr. O’Connell, seconded by Mr. Rosenberg, with all in favor, the Board of Supervisors, denied the proposal for Dune Clean Up – Dune Doctors, for Somerset Community Development District.

108		
109		
110		
111	TENTH ORDER OF BUSINESS	Ratification of Fiscal Year 2019/2020	
112	Audit	
113		
Ms. O’Mera presented and reviewed the Fiscal Year 2019/2020 Audit with the Board. The
Audit had similar findings as previous years. Discussion ensued.
116

On a Motion by Mr. O’Connell, seconded by Mr. Dodson, with all in favor, the Board of Supervisors ratified the acceptance of The Fiscal Year 2019/2020 Audit, for Somerset Community Development District.

117
118
119
ELEVENTH ORDER OF BUSINESS	Staff Reports
121
A. District Counsel
123
Ms. Mackie has no report at this time.
125
B. District Engineer
127
Mr. Martelli has no report at this time.
129
130
131
C. District Manager
133
Ms. O’Mera advised that the next meeting of the Board of Supervisors will be
135	August 9, 2021, at 2:00 p.m.

SOMERSET COMMUNITY DEVELOPMENT DISTRICT
July 12, 2021 Minutes of Meeting
Page 5

137	TWELFTH ORDER OF BUSINESS	Supervisor Requests
138
139	Mr. O’Connell would like to receive a calendar invite for meetings.
140
Mr. Rosenberg inquired about ADA compliance of the website. Ms. Mackie advised
we are still required to remain compliant, and we are audited for compliance.
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177

SOMERSET COMMUNITY DEVELOPMENT DISTRICT
July 12, 2021 Minutes of Meeting
Page 6

179	THIRTEENTH ORDER OF BUSINESS	Adjournment
180

Chairman/ Vice Chairman

On a Motion by Mr. O’Connell, seconded by Mr. Rosenberg, with all in favor, the Board of Supervisors adjourned the meeting at 1:43 pm (CST), for the Somerset Community Development District.

181		
182		
183		
184	 	_	
185	Secretary/Assistant Secretary	

Tab 2

SOMERSET COMMUNITY DEVELOPMENT DISTRICT

DISTRICT OFFICE · PANAMA CITY, FLORIDA · (850) 334-9055 MAILING ADDRESS · 3434 COLWELL AVENUE, SUITE 200 · TAMPA, FLORIDA 33614

Operation and Maintenance Expenditures May 2021
For Board Approval

Attached please find the check register listing the Operation and Maintenance expenditures paid from May 1, 2021 through May 31, 2021. This does not include expenditures previously approved by the Board.

The total items being presented: $16,730.29

Approval of Expenditures:

 	 Chairperson

 	 Vice Chairperson

 	 Assistant Secretary

Somerset Community Development District
Paid Operation & Maintenance Expenditures
May 1, 2021 Through May 31, 2021

Vendor Name		Check Number	Invoice Number		Invoice Description		 Invoice Amount	

ALYS Beach Neighborhood Association	
002767	
03312021	
ALYS Beach Neighborhood	
$	7,154.50	

ALYS Beach Resort LLC	
002759	
CL000008712	Association Reimbursement 03/21 Street Light Check And Repair -	
$	946.67	

Digital Assurance Certification LLC	
002763	
53729	Weekly Pump Inspection 03/21 Annual Dissemination Services 05/21	
$	1,500.00	
Gulf Power Company	2021061721-1	21046-33165 03/21	9954 E Cty Hwy 30A Irrigation 03/21	$	286.95	
Gulf Power Company	002762	21046-33165 04/21	9954 E Cty Hwy 30A Irrigation 04/21	$	398.20	
Gulf Power Company	002762	21080-12465 04/21	9396 E Cty Hwy 30A Irrigation 04/21	$	262.22	
Hopping Green & Sams	002768	122204	General/Monthly Legal Services 03/21	$	765.00	
Mills Supply	002764	8477	Pump Station Maintenance 05/21	$	200.00	
Newagetutors LLC DBA VGlobalTech	002765	2647	Website ADA Compliance 05/21	$	425.00	
Rizzetta & Company, Inc.	002760	INV0000058208	District Management Services 05/21	$	4,646.75	
Rizzetta Technology Services, LLC.	002761	INV0000007525	Website Hosting Services 05/21	$	100.00	
The Lake Doctors, Inc.	002766	575353	Monthly Monitoring/Inspection 05/21	$	45.00	

Report Total				
$	16,730.29	

INVOICE
Invoice Date	03/31/21
Invoice #	03312021	
Alys Beach Neighborhood Association
c/o Rizzetta & Company
120 Richard Jackson Blvd, Suite 220 Panama City Beach, FL 32407 Phone: (850)334-9055
To:	
Somerset CDD chartnett@rizzetta.com c/o Rizzetta & Company
120 Richard Jackson Blvd, Suite 220
Panama City Beach, FL 32407	

Inv Date	Description	Total Paid	Total Due	
02/15/21	Rip's Professional Lawn Care 66288	$	6,992.00	$	6,992.00	
			$	-	
02/28/21	Alys Beach Resorts CL00008713	$	162.50	$	162.50	
			$	-	
			$	-	
			$	-	
			$	-	
			$	-	
			$	-	

	Total:		$	7,154.50	

Please remit check made payable to: Alys Beach Neighborhood Association
3434 Colwell Avenue Suite #200
Tampa, FL 33614	

05/10/2021
5/19/2021
05/14/2021
001	53900	4604	$6,992.00
4619	$162.50

Rip's Professional Lawn Care, Inc	Invoice

Date	Invoice #	
3/15/2021	66288	

511 North Highway 79 Panama City Beach, FL 32413 850-233-6396

Bill To	
Alys Beach Neighborhood Association c/o Rizzetta & Company
120 Richard Jackson Boulevard, Suite 220 Panama City Beach, FL 32407	

	P.O. No.	Terms	Project	
		
Net 10		
Quantity	Description	Rate	Amount	
	Complete Grounds Management - March 2021			
	Highway 30A Corridor	6,992.00	6,992.00	
				
	Total		
$6,992.00	

Alys Beach Resorts

Invoice Date:	Mar 31, 2021	
Invoice Number:	CL00008713	

9581 E County Hwy 30A, Bldg D Alys Beach, FL 32461

Landscape/Irrigate ABNA-CDD 30A Landsca 120 Richard Jackson Blvd
Suite 220
Panama City Beach FL 32407

Date	Reference	Description	Amount	Taxes	Total	
Mar 31, 2021	REC-1	30A Weekly Inspections	162.50	0.00	162.50	

Alys Beach Resorts

Invoice Date:	Mar 31, 2021	
Invoice Number:	CL00008712	

9581 E County Hwy 30A, Bldg D Alys Beach, FL 32461

Somerset CDD Not 30A 120 Richard Jackson Blvd Suite 220
Panama City Beach FL 32407

Date	Reference	Description	Amount	Taxes	Total	
Mar 31, 2021	REC-1		Pump Weekly Inspections Comm. street Light check

04/26/2021
4/30/2021
2021
0	4610	$80.00
0	4651	$866.67	80.00	0.00	80.00	
Mar 31, 2021	REC-2			866.67	0.00	866.67	

04/30/					
00	1	539					
		541					

Digital Assurance Certification, LLC
315 East Robinson St. Suite 300
Orlando, FL 32801
407-515-1100
Billing@DACBond.com www.DACBond.com

INVOICE 53729

BILL TO

DATE 05/01/2021	TERMS Due upon receipt

Scott Brizendine Somerset CDD

DUE DATE 05/01/2021

% Rizzetta and Company, Inc. 3434 Colwell Avenue, Suite 200
Tampa, FL 33614

ACTIVITY	DESCRIPTION	QTY	RATE	AMOUNT

Annual Fee EC	Ongoing Fee

Dissemination Type: Annual

Professional Services Rendered to Somerset Community Development District for centralized document repository for client filings, cover sheet creation, even dissemination to EMMA and investors, links to and from client web-site (if requested), email reminders keyed to continuing disclosure agreement, creation of templates for operating data, staffed help desk and access to Continuing Professional Education (CPE) credits.

Wire funds to:
Bank of America ABA #026009593

For credit to:
Digital Assurance Certification (DAC)
                                           Account # 898104038892	

Thank you for your business.	Our Federal EIN-59-3536820	

001	1	1,500.00	1,500.00

Annual Dissemination Agent Fee 05/21
05/03/2021
5/7/2021
05/07/2021
51300	3104	

TOTAL DUE	$1,500.00

Thank you for your business. Our Federal EIN:59-3536820

Hello Somerset Community Development District, Here's what you owe for this billing period.

GulfPower.com Page 1	E001

Electric Bill Statement
For: Mar 4, 2021 to Apr 2, 2021 (30 days)
Statement Date: Apr 2, 2021
Account Number: 21046-33165
Service Address:
9954 E COUNTY HIGHWAY 30A IRRIGATION INLET BEACH, FL 32461

CURRENT BILL
$286.95
TOTAL AMOUNT YOU OWE

4/23/21
NEW CHARGES DUE BY

ENERGY USAGE HISTORY

3,950 kWh
3,160 kWh
2,370 kWh
1,580 kWh
790 kWh
0 kWh
2020 A

M    J	J	A	S	O    N    D    J	F	M

A  2021

BILL SUMMARY
Amount of your last bill Payment received
Balance before new charges

−215.63
0.00
−215.63

Total new charges
Total amount due

502.58
$286.95

(See reverse for billing details)

Visit GulfPower.com/PayBill for ways to pay

KEEP IN MIND
The interest earned on your deposit has been credited on this bill.

04/09/2021

04/05/2021

4/12/2021

001

53100	4308

Customer Service:	800-225-5797
To Report Power Outages:	800-487-6937

/	160022 2104633165 0660200000000000000028695

Please request changes
at GulfPower.com. Notes on this bill will not be detected.
#BWCDRHG	Make check payable to Gulf Power
#00900E001009005#	in U.S. funds and mail along with

SOMERSET COMMUNITY DEVELOPMENT DISTRICT

this coupon to:

2806 N 5TH ST STE 403	GULF POWER
ST AUGUSTINE FL 32084-1904	P.O. BOX 29090
MIAMI FL 33102-9090

21046-33165

$286.95

Apr 23, 2021

$

ACCOUNT NUMBER	TOTAL AMOUNT OWED	NEW CHARGES DUE BY	AMOUNT ENCLOSED

Customer Name:	Account Number:
Somerset Community	21046-33165
Development District

GulfPower.com Page 2	E001

BILL DETAILS

Amount of your last bill Payment received
Balance before new charges

−215.63
0.00
−$215.63

New Charges
Rate: GS - GS General Service Non-Demand
Base charge
Energy charge	(3550 kWh at $0.09006)
Fuel charge	(3550 kWh at $0.03070)

Electric service charges

25.25
319.71
108.99

$453.95

Gross receipts tax Florida sales tax Discretionary sales surtax
Interest: Cash Security Dep
Taxes and charges

11.65
32.36
4.66
−0.04
$48.63

Total new charges
Total amount you owe

$502.58
$286.95

METER SUMMARY
Meter reading - Meter 7350283. Next meter reading May 4, 2021

Usage type	Current	-	Previous	=	Usage	
kWh	12005	8455		3550	

ENERGY USE COMPARISON

This Month	Last Month	Last Year	
Service to kWh used	Apr 2, 2021
3550	Mar 3, 2021
964	Apr 2, 2020
3337	
Service days kWh/day Amount	30
118
$502.62	29
33
$156.84	30
111
$476.35	

Taking inventory
We need to take inventory of our poles on the grid every 5 years. You may see our contractor, Davey Resource Group, in your area doing this.

Learn more

Save energy and money
Use the Energy Checkup tool to find personalized recommendations and savings tips.

Start Saving

We are here to help
If you are experiencing hardship as a result of the coronavirus (COVID-19) and need help with your bill, there are resources available.

Learn more

When you pay by check, you authorize Gulf Power to process your payment electronically or as a draft. If your payment is processed electronically, your checking account may be debited on the same day we receive the check and your check will not be returned with your checking account statement.

Gulf Power does not agree to any restrictions, conditions or endorsements placed on any bill statement or payments such as check, money order or other forms of payment. We will process the payment as if these restrictions or conditions do not exist.

Hello Somerset Community Development District, Here's what you owe for this billing period.

GulfPower.com Page 1	E001

Electric Bill Statement
For: Apr 3, 2021 to May 4, 2021 (32 days)
Statement Date: May 4, 2021
Account Number: 21046-33165
Service Address:
9954 E COUNTY HIGHWAY 30A IRRIGATION INLET BEACH, FL 32461

CURRENT BILL
$685.15
TOTAL AMOUNT YOU OWE

5/25/21
NEW CHARGES DUE BY

ENERGY USAGE HISTORY

3,950 kWh
3,160 kWh
2,370 kWh
1,580 kWh
790 kWh
0 kWh
2020  M

J	J	A	S	O    N    D    J	F	M   A

M 2021

Visit GulfPower.com/PayBill for ways to pay

THIS $286.95 IS PAST DUE – PLEASE PAY IMMEDIATELY

BILL SUMMARY		
Amount of your last bill	286.95	
Payment received	0.00	
Balance before new charges	286.95	

Reminder: If you notice a difference this month in your bill comparison to last year, it is likely due to the one-time fuel savings credit distributed early in the COVID-19 crisis. GulfPowerNews.com/OneTimeDecrease

KEEP IN MIND

Total new charges	398.20	
Total amount due	$685.15	
(See reverse for billing details)		

Your last payment was received past the due date or your last bill remains unpaid.

05/06/2021
             5/7/2021
05/07/2021

Customer Service:	800-225-5797
To Report Power Outages:	800-487-6937

001	53100	4308

/	160022 2104633165 0660200000286950000068515

#BWCDRHG #00900E001009005#
SOMERSET COMMUNITY DEVELOPMENT DISTRICT 2806 N 5TH ST STE 403
ST AUGUSTINE FL 32084-1904

Make check payable to Gulf Power in U.S. funds and mail along with this coupon to:

GULF POWER
P.O. BOX 29090 MIAMI FL 33102-9090

21046-33165

$685.15

May 25, 2021

$

ACCOUNT NUMBER	TOTAL AMOUNT OWED	NEW CHARGES DUE BY	AMOUNT ENCLOSED

Customer Name:	Account Number:
Somerset Community	21046-33165
Development District

GulfPower.com Page 2	E001

METER SUMMARY
Meter reading - Meter 7350283. Next meter reading Jun 2, 2021

Amount of your last bill	286.95	
Payment received	0.00	
Balance before new charges	$286.95	

 	
Usage type	Current	-	Previous	= Usage	
kWh	14774	12005	2769	

BILL DETAILS

New Charges
Rate: GS - GS General Service Non-Demand
Base charge
Energy charge	(2769 kWh at $0.09006)
Fuel charge	(2769 kWh at $0.03070)

Electric service charges

25.25
249.38
85.01

$359.64

Gross receipts tax Florida sales tax Discretionary sales surtax

9.23
25.64
3.69

Taxes and charges	$38.56

Total new charges
Total amount you owe

$398.20
$685.15

THIS $286.95 IS PAST DUE – PLEASE PAY IMMEDIATELY

ENERGY USE COMPARISON

This Month	Last Month	Last Year	
Service to	May 4, 2021	Apr 2, 2021	May 1, 2020	
kWh used	2769	3550	2877	
Service days	32	30	29	
kWh/day	87	118	99	
Amount	$398.20	$502.62	$239.40	

Save energy and money
Use the Energy Checkup tool to find personalized recommendations and savings tips.

Start Saving

We are here to help
If you are experiencing hardship as a result of the coronavirus (COVID-19) and need help with your bill, there are resources available.

Learn more

When you pay by check, you authorize Gulf Power to process your payment electronically or as a draft. If your payment is processed electronically, your checking account may be debited on the same day we receive the check and your check will not be returned with your checking account statement.

Gulf Power does not agree to any restrictions, conditions or endorsements placed on any bill statement or payments such as check, money order or other forms of payment. We will process the payment as if these restrictions or conditions do not exist.

GULF POWER AUTO PAY - DO NOT PAY
Hello Somerset Community Development District, Here's what you owe for this billing period.

GulfPower.com Page 1	E001

Electric Bill Statement
For: Apr 3, 2021 to May 4, 2021 (32 days)
Statement Date: May 4, 2021
Account Number: 21080-12465
Service Address:
9396 E COUNTY HIGHWAY 30A IRRIGATION INLET BEACH, FL 32461-7129

CURRENT BILL
$262.22
TOTAL AMOUNT YOU OWE

5/25/21
NEW CHARGES DUE BY

ENERGY USAGE HISTORY

3,950 kWh
3,160 kWh
2,370 kWh
1,580 kWh
790 kWh
0 kWh
2020  M

J	J	A	S	O    N    D    J	F	M   A

M 2021

BILL SUMMARY
Amount of your last bill Payment(s) received - thank you
Balance before new charges

317.29
−317.29
0.00

Total new charges
Total amount due

262.22
$262.22

(See reverse for billing details)

Visit GulfPower.com/PayBill for ways to pay

GULF POWER AUTO PAY – DO NOT PAY

Reminder: If you notice a difference this month in your bill comparison to last year, it is likely due to the one-time fuel savings credit distributed early in the COVID-19 crisis. GulfPowerNews.com/OneTimeDecrease

KEEP IN MIND
The amount of this bill will be automatically deducted from your bank account on or after May 15, 2021

05/06/2021
            5/7/2021
05/07/2021
001	53100	4308

Customer Service:	800-225-5797
To Report Power Outages:	800-487-6937

/ 3* GULF POWER AUTO PAY - DO NOT PAY *

#BWCDRHG #00900E001009005#
SOMERSET COMMUNITY DEVELOPMENT DISTRICT C/O RIZZETTA & COMPANY
3434 COLWELL AVE STE 200

Make check payable to Gulf Power in U.S. funds and mail along with this coupon to:

GULF POWER

TAMPA FL 33614	P.O. BOX 29090
MIAMI FL 33102-9090

21080-12465

$262.22

May 25, 2021

ACCOUNT NUMBER	TOTAL AMOUNT OWED	NEW CHARGES DUE BY

$

GULF POWER

AUTO PAY - DO NOT PAY

Customer Name:	Account Number:
Somerset Community	21080-12465
Development District

GulfPower.com Page 2	E001

METER SUMMARY
Meter reading - Meter 7357992. Next meter reading Jun 2, 2021

Amount of your last bill Payment(s) received - thank you	317.29
−317.29	
Balance before new charges	$0.00	

 	
Usage type	Current	-	Previous	= Usage	
kWh	26035	24283	1752	

BILL DETAILS

New Charges
Rate: GS - GS General Service Non-Demand
Base charge
Energy charge	(1752 kWh at $0.09006)
Fuel charge	(1752 kWh at $0.03070)

Electric service charges

25.25
157.79
53.79

$236.83

Gross receipts tax Florida sales tax Discretionary sales surtax

6.08
16.88
2.43

Taxes and charges	$25.39

Total new charges
Total amount you owe

$262.22
$262.22

GULF POWER AUTO PAY – DO NOT PAY

ENERGY USE COMPARISON

This Month	Last Month	Last Year	
Service to	May 4, 2021	Apr 2, 2021	May 1, 2020	
kWh used	1752	2164	1553	
Service days	32	30	29	
kWh/day	55	72	54	
Amount	$262.22	$317.29	$142.09	

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When you pay by check, you authorize Gulf Power to process your payment electronically or as a draft. If your payment is processed electronically, your checking account may be debited on the same day we receive the check and your check will not be returned with your checking account statement.

Gulf Power does not agree to any restrictions, conditions or endorsements placed on any bill statement or payments such as check, money order or other forms of payment. We will process the payment as if these restrictions or conditions do not exist.

Attorneys and Counselors

119 S. Monroe Street, Ste. 300
P.O. Box 6526 Tallahassee, FL 32314
850.222.7500

=================================	STATEMENT =================================

April 13, 2021
Somerset Community Development District	Bill Number 122204
c/o Accounts Payable	Billed through 03/31/2021
120 Richard Jackson Blvd. Suite # 220 Panama City Beach, FL 32407

General Counsel/Monthly Meeting SOMER	00001	TFM
FOR PROFESSIONAL SERVICES RENDERED
03/01/21	TFM	Review correspondence regarding engineering work authorization to produce irrigation maps and confer with Martelli regarding same; confer with Everett and Monk; confer regarding local records office.	0.80 hrs	
03/01/21	DHS	Research current local records office and confer with staff regarding same.	0.40 hrs	
03/08/21	TFM	Confer with Everett.	0.40 hrs	
03/09/21	TFM	Review correspondence from Martelli.	0.20 hrs	
03/10/21	TFM	Review correspondence O'Connell and confer with O'Connell and Martelli regarding same.	0.30 hrs	
03/10/21	DHS	Review correspondence regarding development of new irrigation map for cost share agreement.	0.20 hrs	
03/18/21	DGW	Draft budget approval resolution.	0.20 hrs	
03/29/21	TFM	Review correspondence from Martelli and O'Connell.	0.20 hrs	
03/31/21	JLK	Review proposed legislation; monitor committee activity and agendas; monitor Amendment 12 implementation.	0.30 hrs	
	Total fees for this matter	$765.00	

MATTER SUMMARY

Wilbourn, David - Paralegal	0.20 hrs	125	/hr	$25.00	
Sier, Deborah H.	0.60 hrs	225	/hr	$135.00	
Kilinski, Jennifer L.	0.30 hrs	275	/hr	$82.50	
Mackie, A.Tucker Frazee	1.90 hrs	275	/hr	$522.50	

TOTAL FEES	$765.00

TOTAL CHARGES FOR THIS MATTER	$765.00

Somerset CDD - General Counsel	Bill No. 122204	Page 2
=======================================================================================

BILLING SUMMARY

Wilbourn, David - Paralegal		0.20 hrs	125	/hr	$25.00	
Sier, Deborah H.		0.60 hrs	225	/hr	$135.00	
Kilinski, Jennifer L.		0.30 hrs	275	/hr	$82.50	
Mackie, A.Tucker Frazee		1.90 hrs	275	/hr	$522.50	
	TOTAL FEES				$765.00	

TOTAL CHARGES FOR THIS BILL	$765.00

Please include the bill number with your payment.

05/12/2021
           5/12/2021
05/14/2021
001	51400	3107

= = = = = = = = = = = = = = = = =S U P P L Y = = = = = = = = = = = = = = = = =
Invoice

Date	Invoice#	
5/4/2021	8477	

omersct Community Development District Rizzetta & Company
3434 olwell   ve.   uite 200
Tampa. FL 336 1 4

Bill To

Alys Beach

Ship To

P.O. No.	Terms	Rep	Ship	Via	Project	
	et 10	RM				
Quantity	Item Code	Description	Price	Each	Amoun t	
I	p MAI  T	Pump tation Maintenance - Ma 2021
Fl late. Walton County ates Tax

05/04/2021
5/7/2021
05/07/2021
001	53900	4610	200.00	200.00	
			7.00%	0.00	
Thank	ou for your bu ine		Total		
$200.00	

P.O. Box 804 • Sh a li ma r, Florida 32579 · Phone/Fax: (850) 651-6625 email: mills upply@cox.net

VGlobalTech
636 Fanning Drive
Winter Springs, FL 32708 US contact@vglobaltech.com www.vglobaltech.com

INVOICE
BILL TO
3434 Colwell Ave Tampa, FL 33614 United States

INVOICE # 2647
DATE 05/01/2021
DUE DATE 05/01/2021
TERMS Due on receipt

DATE	ACTIVITY	QTY	RATE	AMOUNT	
Web Maintenance:ADA Website Maintenance
Ongoing website maintenance for
ADA and WCAG Compliance	1	425.00	425.00	

Monthly maintenance	BALANCE DUE	$425.00

05/03/2021
            5/7/2021
05/07/2021
001	51300	5103

Subtotal

Total

Rizzetta & Company, Inc.	Invoice
3434 Colwell Avenue

Date	Invoice #	
5/1/2021	INV0000058208	

Suite 200
Tampa FL	33614

Services for the month of

Bill To:

SOMERSET CDD
3434 Colwell Avenue, Suite 200
Tampa FL	33614

	Term	s	Client Number	
	May	Upon	Receipt	00861	
Description	Qty		Rate	Amount	
District Management Services			1.00	$2,205.92	$2,205.92	
Administrative Services			1.00	$458.33	$458.33	
Accounting Services			1.00	$1,545.00	$1,545.00	
Financial & Revenue Collections			1.00	$437.50	$437.50	

04/27/2021				
		4/30/2021				
	04/30/2021					
001	51300	3101	$2,205.92				
		3100	$458.33				
		3201	$1,545.00				
		3111	$437.50				
	$4,646.75

$4,646.75	

Rizzetta Technology Services	Invoice
3434 Colwell Avenue

Date	Invoice #	
5/1/2021	INV0000007525	

Suite 200
Tampa FL	33614

Bill To:

SOMERSET CDD
3434 Colwell Avenue, Suite 200
Tampa FL	33614

Services for the month of	Terms	Client Number
May	00861

Description

Qty

Rate

Amount

EMail Accounts, Admin & Maintenance Website Compliance and Management

0	$15.00
1	$100.00

$0.00
$100.00

04/30/2021

04/27/2021

4/30/2021

001	51300	5103

Subtotal

Total

$100.00

$100.00

Invoice #	575353	
Account #	717616	
Invoice Date	5/1/2021	
Due Date	5/11/2021	
Rep	MTS	

INVOICE

3543 State Road 419,  Winter Springs, FL 32708

PH: 800-666-5253

SOMERSET CDD
C/O RIZZETTA & COMPANY 3434 COLWELL AVE., SUITE 200
TAMPA, FL 33614

Bill To

Invoice Questions: Lakes@lakedoctors.com Payment Questions: Payments@lakedoctors.com

Purchase Order Number	Terms	Invoice Date Reflects Month of Service Provided	
	NET 10 DAYS		
Item	Description	Amount	
	Monthly Monitoring-Visual Inspection

05/03/2021

05/07/2021
001	53800	4613

Customer Total Balance	$45.00	45.00	
Please confirm your bank bill payer amount matches your invoice amount if you use a bank bill
payer service. Thank you!			

To help ensure prompt and accurate credit to your account, please include your account number and invoice number on your check and always include your remittance stub with your payment.

Please visit www.lakedoctors.com for your local office contact information.

Total Invoice

$45.00

SOMERSET CDD
C/O RIZZETTA & COMPANY 3434 COLWELL AVE., SUITE 200
TAMPA, FL 33614

Bill To

PLEASE DETACH & RETURN THIS PORTION WITH PAYMENT

Amount Enclosed

Invoice #	575353	
Account #	717616	
Date	5/1/2021	

Go Green! Contact us at Payments@lakedoctors.com to have your invoices emailed.

IF PAYING BY CREDIT CARD, FILL OUT BELOW
 	 Mastercard	 		 Visa	 	 American Express Card #  						                                                                       Card Verification #  					  Exp. Date #  						                                                              Print Name							 Billing Address:		Check box if same as above

Signature  	

For address and contact updates, please email us at Frontdesk@lakedoctors.com.

5/7/2021

The Lake Doctors, Inc. 3543 State Road 419 Winter Springs, FL 32708

Tab 3

FIRST AMENDMENT TO COST SHARE AGREEMENT FOR CERTAIN MAINTENANCE SERVICES

THIS FIRST AMENDMENT ("Amendment") is made and entered into this	day of
A \A.Crus<:	, 2015, by and between:
SOMERSET COMMUNITY DEVELOPMENT DISTRICT, a local unit of special­ purpose government established pursuant to Chapter 190, Florida Statutes, being situated in Walton County, Florida (the "District"); and

ALYS BEACH NEIGHBORHOOD ASSOCIATION, INC., a Florida non-profit
corporation, whose address is 9581 County Highway 30A East Panama City Beach, Florida 32413 (the "Association".)

RECITALS

WHEREAS, the District is a special purpose unit of local government established pursuant to and governed by Chapter 190, Florida Statutes; and

WHEREAS, the District and the Association previously entered into the Cost Share Agreement for Certain Maintenance Services ("Cost Share Agreement"), attached hereto and incorporated by reference herein as Exhibit A, in which the District contracted with the Association to manage and maintain District Property as defined therein; and

WHEREAS, the parties wish to amend the Cost Share Agreement to incorporate the current description of the District Property and update the anticipated maintenance cost and specifications for the same and without otherwise, amending, changing, or otherwise abrogating any of the provisions of the Cost Share Agreement; and

WHEREAS, each of the parties hereto has the authority to execute this Amendment and to perform its obligations and duties hereunder, and each party has satisfied all conditions precedent to the execution of this Amendment so that this Amendment 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 Association agree as follows:

INCORPORATION OF RECITALS. The recitals stated above are true and correct and by this reference are incorporated as a material part of this Agreement.

AFFIRMATION OF THE COST SHARE AGREEMENT. The District and the Association agree that nothing contained herein shall alter or amend the parties' rights and responsibilities under the Cost Share Agreement, except to the extent set forth in Section 3 of this Amendment. The Cost Share Agreement is hereby affirmed and continues to constitute a valid and binding agreement between the parties.

AMENDMENTS TO THE COST SHARE AGREEMENT.

Sections 3(C.) and 5 of the Cost Share Agreement are herein revised to provide for an updated not-to-exceed amount for the District Expenses. The Association and the District agree that the District's Expenses shall not exceed one hundred and twenty-seven thousand five hundred dollars ($127,500.00) annually, plus any supplemental maintenance services approved by  the District in writing, as provided in the Cost Share Agreement.

The District Property, as defined and depicted in Exhibit A to the Cost Share Agreement, is herein revised and amended to include those areas identified in Exhibit B hereto.

The maintenance specifications, as described in Exhibit B to the Cost Share Agreement, are herein revised and amended to reflect the specifications set forth in Exhibit C hereto.

IN WITNESS WHEREOF, the parties execute this Amendment the day and year first written
above.

Attest:	SOMERSET COMMUNITY DEVELOPMENT DISTRICT

Seci:etiuy/Assista nt Secretary

Attest:	ALYS BEACH NEIGHBORHOOD ASSOCIATION, INC.

Witness

Exhibit A: Exhibit B: Exhibit C:

Cost Share Agreement Description of District Property Maintenance Specifications

Page 2 of 2

FIRST AMENDMENT
EXHIBIT A

COST SHARE AGREEMENT FOR CERTAIN MAINTENANCE SERVICES
THIS AGREEMENT is made effective the day of -::r u e-   , 2011, by and between the SOMERSET COMMUNITY DEVELOPMENT DISTRICT, a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes ("District") and the ALYS BEACH NEIGHBORHOOD ASSOCIATION, INC., a Florida non-profit corporation ("Association").

RECITALS:

WHEREAS, District was established by Walton County, Florida, for the purpose of planning, financing, constructing, operating and/or maintaining certain public infrastructure improvements; and

WHEREAS, District owns and is responsible for the maintenance and repair of certain landscape and stormwater improvements located within its boundaries ('"District Property"), including, but not necessarily limited to, the District Property generally identified in Exhibit A; and

WHEREAS, the Association is a Florida not-for-profit corporation owning, operating and maintaining various improvements and facilities in close proximity to District Property; and

WHEREAS, for ease of administration, potential cost savings to property owners and residents, and the benefits of full time on-site inspection, operation and maintenance personnel, the District desires to contract with the Association to manage and maintain the District Property; and

WHEREAS, the Association represents that it is qualified, through its officers, employees, contractors and affiliates, to manage and maintain the District Property and desires to contract with the District to do so in accordance with the terms of this Agreement; and

WHEREAS, the Association and the District have a mutual obligation to the property owners' and residents of the District to provide for the proper and efficient operation and maintenance of each parties amenities. Association and District agree that this mutual obligation is sufficient consideration to induce the other party to enter into this Agreement; and

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 District and Association agree as follows:

RECITALS CONFIRMED.	The parties confirm that the above stated recitals are true and correct.

ASSOCIATION'S OBLIGATION.

General duties. Association shall be responsible for the management and maintenance of the District Property in an efficient, lawful and satisfactory manner. Association will act in a fiduciary capacity with respect to the protection and accounting of the District's assets.

Inspection. Association shall conduct regular inspections of all District Property and report any irregularities to the District Manager, or his designated representative, and shall correct any irregularities in accordance with the terms of this Agreement.

Repair and Maintenance. Association shall make, or cause to be made, such routine repair work or normal maintenance to the District Property as may be required for the operation or physical protection of the District Property, or as required under applicable government permits. Association, in consultation with the District Engineer, shall promptly cause emergency repairs to be made when such repairs are necessary for the preservation and safety of persons and/or property, or when the repairs are required to be made to avoid the suspension of any service of the District. Association shall immediately notify the District Engineer and District Manager, or a designated representative, concerning the need for emergency repairs.

Investigation and Report of Accidents/Claims. Association shall promptly investigate and provide a full written report to the District Manager as to all accidents or claims for damage relating to the management of the District and maintenance and operation of District Property. Such report shall at a minimum include a description of any damage or destruction of property and the estimated cost of repair. Association shall cooperate and make any and all reports required by any insurance company or the District in connection with any accident or claim.   Association shall not file any claims with the District's insurance company without the prior consent of the District Board of Supervisors.

Compliance with Government Rules, Regulations, Requirements and Orders. Association shall take such action as is necessary to comply promptly with any and all permits, orders or requirements affecting District Property placed thereon by any governmental authority having jurisdiction. Association shall immediately notify the District Manager

and District Counsel in writing of all such orders or requirements. At the request of the District, Association shall prepare for execution and filing by the District any forms, reports or returns which may be required by law in connection with the ownership, maintenance and operation of the District Property.

Adherence to District Rules, Regulations and Policies. Association's personnel shall be familiar with all District policies and procedures and shall ensure that all persons using District Property are informed with respect to the rules, regulations and notices as may be promulgated by the District from time to time and ensure that said persons conform therewith. Association assures the District that all third parties will be dealt with at arm's length, and that the District's interest will be best served at all times.

Care of the Property. Association shall use all due care to protect the property of the District, its residents and landowners from damage by Association, its employees or contractors. Association agrees to repair any damage resulting from Association's activities and work.

Liens and Claims. The Association shall promptly and properly pay for all contractors retained, labor employed, materials purchased, and equipment hired by it to perform under this Agreement. The Association shall keep the District's property free from any materialmen's or mechanic's liens and claims or notices in respect to such liens and claims, which arise by reason of the Association's performance under this Agreement, and the Association shall immediately discharge any such claim or lien.

MAINTENANCE CONTRACTS AND COST SHARING.

The Parties acknowledge that it is in the best interest of the residents and property owners within the District for the District Property to be kept in a condition reflecting the quality of the development within the District and desired by the Association.

At all times, the Association shall provide for the maintenance of the District Property to the satisfaction of the District, including as provided in Exhibit B hereto for the District Property identified in Exhibit A. When necessary, the Association shall seek the advice of qualified professionals relating to any unusual maintenance events (e.g., extreme weather or bug infestation, etc.).

The District shall pay to the Association all expenses incurred in connection with the operation, repair and maintenance of the District Property (the "Expenses"). The Expenses shall not include any administrative fees or overhead of the Association, and, initially,  shall only include those expenses directly related to the landscaping and irrigation maintenance activity of the District Property identified  in Exhibit A provided pursuant to Exhibit B. The Association  and  the District agree that the District's Expenses shall not exceed
Ni'od·,. S')" -c4-o wx4-oJ challa.es	($96,000.00) annually, plus
any supplemental  maintenance  services  approved  by  the  District  in
writing, as provided herein.

DISTRICT'S APPROVAL OF SUPPLEMENTAL MAINTENANCE SERVICES. The Association shall notify the District, in advance, of any supplemental maintenance services proposed to be provided for any District Property. The District shall approve or deny the provision of such supplemental landscape maintenance services, in writing, prior to commencement of such supplemental services. The District shall not be required to compensate the Association for any supplemental maintenance services performed for any District Property Areas without the District's prior written consent.

PAYMENT OF DISTRICT EXPENSES. The District shall make monthly payments to the Association within forty-five (45) days after receipt of a written invoice from the Association for the monthly maintenance services rendered for the District Property, including any
supplemental maintenance services approved pursuant to Paragraph 4, above. In no event shall
the  Expenses  for maintenance  of the  District  Property  exceed   i' ,·0  Lt y  S(K    +I,..,,u.JJ    dwlU>v:s

1

($ 9 4 oov	) annually, plus any supplemental maintenance services approved by the District
in writing, as provided herein.

INSPECTION OF RECORDS; PAYMENT DISPUTES. Upon request, the Association shall make available to the District for review at a reasonable time and place, its books and records with respect to the Expenses. In the event of a dispute between the Parties relating to the reimbursement of Expenses, the District shall pay the amount requested by the Association in the time frame set forth above. The District shall give written notice accompanying the payment which states it disputes the amount of the payment. Payment in this manner shall not waive the right of the District to dispute the correct amount of such required payment. Any dispute between the District and the Association that the Parties are unable to resolve through informal negotiations within thirty (30) days of notice of such dispute shall be referred to a mutually acceptable arbitrator, whose decision shall be binding on the Parties.

TERMINATION. The District and the Association shall each have the right to terminate this Agreement for any reason upon thirty (30) days written notice. Upon termination, the District and the Association shall account to each other with respect to all  matters outstanding as of the date of termination.

INSURANCE. The Association shall require any contractor retained to perform any maintenance or other services for the District Property to maintain the following insurance coverage throughout the term of this Agreement:

Worker's Compensation Insurance in accordance with the laws of the State of Florida.

Commercial General Liability Insurance covering the Contractor's legal liability for bodily injuries, with limits of not less than $1,000,000 combined single limit bodily injury and property damage liability, and including, at a minimum, Independent Contractors Coverage for bodily injury and property damage in connection with subcontractors' operation.

Employer's Liability Coverage with limits of at least $1,000,000 (one million dollars) per accident or disease.

Automobile Liability Insurance for bodily injuries in limits of not less than
$1,000,000 combined single limit bodily injury and for property damage, providing coverage for any accident arising out of or resulting from the operation, maintenance, or use by the Contractor of any owned, non­ owned, or hired automobiles, trailers, or other equipment required to be licensed.

The Association and the District and their staff, consultants, agents and supervisors, shall be named as additional insureds. The Contractor shall furnish the Association, and the Association shall provide the District, with the Certificate of Insurance evidencing compliance with this requirement. No certificate shall be acceptable to the District unless it provides that any change or termination within the policy periods of the insurance coverage, as certified, shall not be effective within thirty (30) days of prior written notice to the District. Insurance coverage shall be from a reputable insurance carrier, licensed to conduct business in the State of Florida.

INDEMNIFICATION. The Association agrees to indemnify and hold harmless the District and its officers, agents and employees from any and all liability, claims, actions, suits or demands by any person, corporation or other entity for injuries, death, property damage or other damage of any nature, arising out of, or in connection with, any negligent act or omission, or willful misconduct, of the Association or their employees or agents.

NEGOTIATION AT ARM'S LENGTH. This Agreement has been negotiated fully between the Parties as an arms length transaction. The 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, all Parties are deemed to have

drafted, chosen and selected the language, and the doubtful language will not be interpreted or construed against any party.

AMENDMENT. 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 of the Parties hereto.

AUTHORITY TO CONTRACT. The execution of this Agreement has been duly authorized by the appropriate body or official of all Parties hereto, each party has complied with all the requirements of law, and each party has full power and authority to comply with the terms and provisions of this instrument.

NOTICES. All notices, requests, consents and other communications hereunder ("Notices") shall be in writing and shall be delivered, mailed by Federal Express or First Class Mail, postage prepaid, to the Parties, as follows:

A	If to Association:

B.	If to District:

With a copy to:

Alys Beach Neighborhood Association, Inc. 9581 County Highway 30A East
Panama City Beach, Florida 32413 Attn: Scott Stephens, Property Manager

Somerset Community Development District 3434 Colwell Avenue, Suite 200
Tampa, Florida 33614 Attn: District Manager

Hopping Green & Sams, P.A.
119 South Monroe Street, Suite 300 Post Office Box 6526
Tallahassee, Florida 32314 Attn: Brian A. Crumbaker

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 Parties may deliver Notice on behalf of the Parties. 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.

Venue for ; in Walton

PLICABLE LA w AND VENUE. This Agreeme construed, interpreted and controlled according tc
·		ispute arising under this Agreement shall be in a ty, Florida.

ai     the provisions contained e ws of the State of Florida. u of appropriate jurisdiction

and shall r1 accordance additional <

16.

17.
Agreement the prevail, incurred, ii such arbitr. proceeding

ERM. This Agreement shall become effective a in effect until September 31, 2012, unless teni this Agreement. Thereafter, this Agreement sh
ear terms until otherwise terminated as provided    r

NFORCEMENT. A default by either party under 1 remedies available at law or in equity, which amages, injunctive relief and specific performant

TTORNEYS'   FEES.      In  the  event  either   par y provision hereof through binding arbitration, arty shall be entitled to recover from the non-pi ing but not limited to reasonable attorneys' fees
, litigation or other dispute resolution, and incl

e date first written above, earlier by either party in matically be renewed for

greement shall entitle the elude, but not be limited

equired to enforce this roceedings or otherwise, g party all fees and costs ed prior to or during any ees incurred in appellate

18.		SSIGNMENT. This Agreement may not be assig e prior written consent of the other. Any p
e void.

whole or in part, by either assignment without such

limited wa Legislature shall inure otherwise l::

20.

This Agre action sha·l party heret< to conferu

provisions, benefit of · successors :

IMITATIONS ON GOVERNMENTAL LIABILITY.
waiver of immunity or limits  of liability  of  t of immunity or limits of liability which may h ection 768.28,  Florida  Statutes  or other statute, e benefit of any third party for the purpose of
ed under the Doctrine of Sovereign Immunity o'

INDING EFFECT; No THIRD PARTY BENEFICIA
binding  upon and  shall inure to  the  benefit of t t is solely for the benefit of the formal Parties e upon or by reason hereof, to or for the bene othing in this Agreement, expressed or implied, :
y person or corporation other than the Parties h on of this Agreement or any provisions or c esentations, covenants and conditions herein cc
.shall be binding upon the Parties hereto and '

g in this Agreement shall
· ct beyond any statutory n adopted by the Florida 'ot hing in this Agreement any claim which would
eration oflaw.

The terms and provisions trict and the Association. and  no right  or cause of y third party not a formal
<led or shall be construed y right, remedy  or claim s  hereof;  and  all of  the d shall inure to the sole spective representatives,

21.
the Associati employees of or application otherwise. Tf more of such performance , create any obl no authority 1 otherwise set

DEPENDENT CONTRACTOR STATUS.   In all matte
shall  be  acting  as an  independent  contractor. e Association, if there are any, are employees of
f  any  Federal  or State  Unemployment  or Insuranc1 Association agrees to assume all liabilities or oblig, aws with respect to employees of the Associatif
. this Agreement.    The Association shall not have
. tion, express or implied, on behalf of the District a:
represent  the District as an agent, employee,  or i in this Agreement.

elating to this Agreement, ither the Association nor istrict under the meaning aws or Old  Age Laws or ns imposed by any one or
, if  there  are  any,  in  the y authority  to assume or the Association shall have any other capacity, unless

22.
the Parties v negotiations, ' into this Agre amended, wai parties to this

23.
of counterpart such counteri acknowledgm, copy of this de

This Agreement constitutes ·. respect to its subject matter and all antec
ertakings, representations, warranties, inducement: ent  and  superseded  by its delivery. No provisio1 d or modified unless the same is set forth in writi
eement, or their respective successors or assigns.

XECUTION IN COUNTERPARTS.   This instrument m
. each of which, when executed and delivered, sha s together shall constitute one and the same' pages, if any, may be detached from the counteq ent to physically form one document.	1

entire agreement between nt  and  contemporaneous d  obligations  are  merged f this Agreement may be
· and signed by each of the

be executed in any number constitute an original, and trument. Signature and
s and attached to a single

[Remainder of Page Intentionally Left Bl	]

IN WITNESS WHEREOF, District and Association have each caused their duly authorized officers to execute this Agreement as of the date and year first above-written.

Attest:	SOMERSET COMMUNITY
DEVELOPMENT DISTRICT

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EXHIBIT A

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MASTER PLAN MAP

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EXHIBITB

Turf Grass on the Property:

	Fertilizatjon: All turf area shall be fertilized sever (7) times per year, three (3) times in the summer (with pre-emergent),·two (2) times in the spring (with pre­ emergent, one (1) time in the fall and one (1) time in the winter. Organic
·    fertilizers will be applied when possible. Contractor shall be SQlely responstble
for the acquisition and delivery of all fertilizer material

Insect Control: Pesticide shall be applied on all turl areas one (1)	in the summer and one (1) time in the fall, and as needed as problems arise. Pesticide for all·plant material will be on an as needed basis. Beneficial insects will be released each year in early summer in appropriate locations. Contractor shall be
solely responsible for the a quisition and delivery of all insecticide material
Mowing: All ttnf areas shallbe reel mowed 104 times per calendar year. Other . turf management procedures, such as top dressing, verticutting or aerating will be determined and agreed upon by the Client and Contractor.

Qeaning Hard Surfaces: All hard surfaces, with the exception" of roadways, shall be blown, swept or vacuumed one (1) tim e.per week and more often when conditions require.

Edging and Weed Eating: All sidewalks, circles, e ., shall be edged and weed eated periodically at approximately weekly intervals.
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Weeding: Landscaped areas shall be regularly weeded as necessary to maintain a clean appearance.
Rye Seed Applicatio11=  _Ryeseed shall be applied one (1) time in the fall to maintain art attractive appearance of the property. Contractor shall be responsible for the acqwsiti.on and delivery of all rye seed material.

Irrigation System: Contractor Will cycle the :irrigation system on a monthly basis to ensure the system in functioning properly. All irrigation problems, whether discovered during a cycle check or observed while performing other duties under this contract, shall be checked and corrected immediately. Minor irrigation repairs will.hlclude all repairs with the exception of main line pipe repairs. Major inigation repairs will be at adcµtional cost to the Client at the rate of Forty Eight dollars Twenty ive cents ($48.25) per hour plus materials needed to complete such repairs. Contractor shall change watering zones as needed to accommodate seasonal variations in water needs.

Priming of Plant Material:

Tree and Shrub: Trees and shrubs will be routinely trimmed and pruned to get
the desired effect for the plant itself.

Palms: Palm tree shall be pruned.and maintained two (2) times per year to
encourage correct growth habits.

_Gener	Policing of the Property:

Trash / Debris: All areas of the property shallbe policed daily by Contractor to collect trash, rubbish and debris so as to ensure high quality appearance·.

Fountains: Contractor shall check fountains daily and mamtain them as needed according to conditions. A constant water level must be maintained at all times. The cost of the pumps or parts shall be paid for by the Oient

·Equipment: Contractor shall be solely responsible for the acquisition, maintenance and repairs on and for all equipment required to perform the obligation of this contract

Bedding Material: Pine straw, sand, etc.' will beapplied on an as needed basis with the cost to be mcluded in the contract total
Notto include areas under or impacted by active construction activity.
Not to include pine straw in new areas not previously strawed, but does
cover subsequent maintenance of those areas.

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Acts of Nature: Contractor shall also clean the property after all storms which degrade the physical appearance of the property with the exception of a Major Storm such as Tropical stonns, Tropical Depressions, Hurricanes of a category level 1 to level 5 as determined by the National Weather Service.

EXHIBIT _B	  
Landscape Maintenance, Including Irrigation County Hwy. 30-A

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EXHIBIT	B
Irrigation Only Maintenance Areas

EXHIBIT	C	

RIP'S PROFESSIONAL LAWN CARE, INC
Landscape Maintenance Agreement Scope of Services for Alys Beach Neighborhood Association, Inc.

County Highway 30A - $6,992.00 per month ($83,904.00 annually)

Turf shall be cut 48 times per year (2 times per cut) to a height of one half to one and one quarter inches as conditions dictate. No more than one third of the grass blade is to be removed when cutting.
	Contractor shall be responsible for edging all curbs, walkways and turf bed lines with a metal blade edger. All completed edges will have a perpendicular appearance between turf and hardscape, and turf, street signs and bed lines. Blowers will be used to clean sidewalk, curbs and streets of all grass clippings caused by mowing or edging.

Contractor shall be responsible for the use of monofilament line to trim grass that cannot be mowed with large machinery.

Contractor shall be responsible for daily or weekly inspection of the entire property and the treatment of any insects or disease related problems.

Contractor shall be responsible for maintaining weed control in all turf areas. Pre-emergent will be applied two times per year to control broadleaf and other weeds. Post-emergent applications will be made as needed

Contractor shall be responsible for the acquisition and application of Grade A quality Blue Tag Perennial Ryegrass seed in the fall of each year at the rate of 600 lbs per acre followed by a starter fertilizer at the rate of 43 lbs per acre. Overseeding shall occur in October. Reduction of the height of the turf to overseed is acceptable.

Contractor shall be responsible for the trimming of Palmettos twice annually to client height and weight requirements.

Contractor shall be responsible for verticutting all turf grass areas if needed before the application of Ryegrass.

Contractor will be responsible for the monitoring the moisture levels in turf and bed areas and make adjustments to accommodate watering needs.

EXHIBIT _--'C=----

Contractor shall monitor, adjust and manage all irrigation systems as to proper frequency, duration and operation of supplemental watering. Contractor shall notify the Client of any malfunction or damage to the system's integrity. Contractor will be responsible for any repairs to system with materials to be an additional cost to the Client. Labor charges will apply to mainline repairs, all valves and pump stations repairs at the rate of $52.00 per hour.

Contractor shall be responsible for the weeding of the groundcover Dichondra on a weekly basis and/or supply all chemicals needed to treat for weeds.

Contractor shall be responsible for the pruning and shaping of Palms. Palms should be thoroughly detailed with all fronds trimmed to lateral position and removal of all seed heads.

All 30A Medjool Palms (44) and (16) at Caliza care will be an additional cost to the Client of $350.00 per palm per year. All Sylvester Palms (8 Palmera Park, 4 A-E Pedestrian Path and 1 Caliza Pool) trimming will be an additional cost to the Client of $300.00 per palm per year. All Amphitheater Canary Island Palms (16) trimming will be an additional cost to the Client of $300.00 per palm per year. All treatments to palm trees will be in accordance with the Alys Beach palm inspection report and maintenance recommendations by Groundworks of Palm Beach County.

Contractor shall be responsible for maintaining the pH levels in all turf grass areas. Soil samples will be collected annually and adjustments will be made as needed.

Bedding areas will be refreshed two times per year with materials to be purchased by Client and installed by Contractor. Touch-up applications will occur on an as needed basis.

Contractor shall be responsible for all fountain cleaning and repairs. All fountain repairs and parts will be an additional cost to the Client.

Tab 4

SOMERSET COMMUNITY DEVELOPMENT DISTRICT LANDSCAPE & IRRIGATION MAINTENANCE SERVICES AGREEMENT

THIS AGREEMENT   (“Agreement”) is made and   entered   into   this   ___ day of
_______________, 2021, by and between:

SOMERSET COMMUNITY DEVELOPMENT DISTRICT, a local unit of special- purpose government established pursuant to Chapter 190, Florida Statutes, being situated in Walton County, Florida, and having offices at c/o Rizzetta & Company, Inc., 120 Richard Jackson Blvd., Suite 220, Panama City Beach, Florida 32407 (“District”); and

RIP’S PROFESSIONAL LAWN CARE, INC., a Florida corporation, with a mailing address of 511 North Highway 79, Panama City Beach, Florida 32413 (the “Contractor,” and collectively with the District, the “Parties”).

RECITALS

WHEREAS, the District was established for the purpose of planning, financing, constructing, operating and/or maintaining certain infrastructure, including landscaping and irrigation; and

WHEREAS, the District has a need to retain an independent contractor to provide, for certain lands within the District, certain landscape and irrigation maintenance services; and

WHEREAS, Contractor desires to provide such services, and represents that it is qualified to do so in accordance with its proposal submitted to the District;

NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, it is agreed that the Contractor is hereby retained, authorized, and instructed by the District to perform in accordance with the following covenants and conditions, which both the District and the Contractor have agreed upon:

INCORPORATION OF RECITALS.   The recitals stated above are true and correct and are incorporated by reference as a material part of this Agreement.

SCOPE OF SERVICES. The Contractor shall provide the services described in the Scope of Services attached hereto as EXHIBIT A for the areas identified in the Landscape Maintenance Areas Exhibit attached hereto as EXHIBIT B (“Work”). The Contractor shall perform the Work consistent with the presently established, high quality standards of the District, and shall assign such staff as may be required for coordinating, expediting, and controlling all aspects of the Work. Contractor shall solely be responsible for the means, manner and methods by which its duties, obligations and responsibilities are met to the satisfaction of the District. Notwithstanding any other provision of this Agreement, the District reserves the right in its discretion to remove from this Agreement any portion of the Work and to separately contract for

such services. In the event that the District contracts with a third party to install certain landscaping or to otherwise perform services that might otherwise constitute a portion of the Work, Contractor agrees that it will be responsible for any such landscaping installed by the third party, and shall continue to perform all other services comprising the Work, including any future services that apply to the landscaping installed by the third party or to the areas where services were performed by the third party.

MANNER OF CONTRACTOR'S PERFORMANCE. The Contractor agrees, as an independent contractor, to undertake the Work as specified in this Agreement or any Additional Services Order (see Section 7.c. herein) issued in connection with this Agreement. All Work shall be performed in a neat and professional manner reasonably acceptable to the District and shall be in accordance with industry standards, such as USF, IFAS, etc. The performance of all services by the Contractor under this Agreement and related to this Agreement shall conform to any written instructions issued by the District.

In the event that time is lost due to heavy rains (“Rain Days”), the Contractor agrees to reschedule its employees and divide their time accordingly to complete all scheduled services during the same week as any Rain Days. The Contractor shall provide services on Saturdays if needed to make up Rain Days with prior notification to, and approval by, the District Representatives (defined below).

Contractor in conducting the Work shall use all due care to protect against any harm to persons or property. If the Contractor’s acts or omissions result in any damage to property within the District, including but not limited to damage to landscape lighting and irrigation system components, entry monuments, etc., the Contractor shall immediately notify the District and repair all damage – and/or replace damaged property – to the satisfaction of the District.

MONITORING OF SERVICES. The District shall designate in writing one or more persons to act as the District’s representatives with respect to the services to be performed under this Agreement (“District Representatives”). The District Representatives shall have complete authority to transmit instructions, receive information, interpret and define the District’s policies and decisions with respect to materials, equipment, elements, and systems pertinent to the Contractor’s services. This authority shall include but not be limited to verification of correct timing of services to be performed, methods of pruning, pest control and disease control. The District hereby designates Kim O’Mera and other representatives of Rizzetta & Company, Inc., to act as the District Representatives. The District shall have the right to change its designated representatives at any time by written notice to the Contractor.

The Contractor shall provide to management a written report of work performed for each month with notification of any problem areas and a schedule of work for the upcoming month. Further, the Contractor agrees to meet the District Representatives at least bi-weekly to inspect the property to discuss conditions, schedules, and items of concern regarding this Agreement.

If the District Representatives identify any deficient areas, the District Representatives shall notify the Contractor whether through a written report or otherwise. The Contractor shall then within the time period specified by the District Representatives, or if no time is specified

within forty-eight (48) hours, explain in writing what actions shall be taken to remedy the deficiencies. Upon approval by the District, the Contractor shall take such actions as are necessary to address the deficiencies within the time period specified by the District, or if no time is specified by the District, then within three days and prior to submitting any invoices to the District. If the Contractor does not respond or take action within the specified time period, and subject to Section 17, the District shall have the rights to, among other remedies available at law or in equity, fine the Contractor $100 per day; to withhold some or all of the Contractor’s payments under this Agreement; and to contract with outside sources to perform necessary Work with all charges for such services to be deducted from the Contractor’s compensation. Any oversight by the District Representatives of Contractor’s Work is not intended to mean that the District shall underwrite, guarantee, or ensure that the Work is properly done by the Contractor, and it is the Contractor’s responsibility to perform the Work in accordance with this Agreement.

SUBCONTRACTORS. The Contractor shall not award any of the Work to any subcontractor without prior written approval of the District. The Contractor shall be as fully responsible to the District for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as the Contractor is for the acts and omissions of persons directly employed by the Contractor. Nothing contained herein shall create contractual relations between any subcontractor and the District.

EFFECTIVE DATE. This Agreement shall be binding and effective as of the date first written above and shall remain in effect as set forth in Section 7, unless terminated in accordance with the provisions of this Agreement.

COMPENSATION; TERM.
Work under this Agreement shall begin on the date first written above and shall remain in effect for a period of one (1) year (“Initial Term”), unless terminated earlier pursuant to the terms of this Agreement. At the end of the Initial Term, the District may elect, in its sole discretion, to renew this Agreement on the same terms for an additional one-year period.
As compensation for the  Work, the District agrees to pay Contractor
 	  Dollars ($	) per month. Contractor shall invoice the District monthly for Work performed during the prior month. All additional work or services, and related compensation, shall be governed by Section 7.c. of this Agreement.
Additional Work. Should the District desire that the Contractor provide additional work and/or services relating to the District’s landscaping and irrigation systems (e.g., additional services or services for other areas not specified in this Agreement), such additional work and/or services shall be fully performed by the Contractor after prior approval of a required Additional Services Order (“ASO”). The Contractor agrees that the District shall not be liable for the payment of any additional work and/or services unless the District first authorizes the Contractor to perform such additional work and/or services through an authorized and fully executed ASO, an example of which is attached as EXHIBIT C. The Contractor shall be compensated for such agreed additional work and/or services based upon a

payment amount derived from the prices set forth in the Contractor’s pricing summary (attached as part of EXHIBIT A). Nothing herein shall be construed to require the District to use the Contractor for any such additional work and/or services, and the District reserves the right to retain a different contractor to perform any additional work and/or services.
Payments by District. The Contractor shall maintain records conforming to usual accounting practices. Further, the Contractor agrees to render monthly invoices to the District, in writing, which shall be delivered or mailed to the District by the fifth (5th) day of the next succeeding month. Each monthly invoice shall contain, at a minimum, the District's name, the Contractor's name, the invoice date, an invoice number, an itemized listing of all costs billed on the invoice with a description of each sufficient for the District to approve each cost, the time frame within which the services were provided, and the address or bank information to which payment is to be remitted. Consistent with Florida’s Prompt Payment Act, Section 218.70 et al. of the Florida Statutes, these monthly invoices are due and payable within forty-five (45) days of receipt by the District.
Payments by Contractor. Subject to the terms herein, Contractor will promptly pay in cash for all costs of labor, materials, services and equipment used in the performance of the Work, and upon the request of the District, Contractor will provide proof of such payment. Contractor agrees that it shall comply with Section 218.735(6), Florida Statutes, requiring payments to subcontractors and suppliers be made within ten (10) days of receipt of payment from the District. Unless prohibited by law, District may at any time make payments due to Contractor directly or by joint check, to any person or entity for obligations incurred by Contractor in connection with the performance of Work, unless Contractor has first delivered written notice to District of a dispute with any such person or entity and has furnished security satisfactory to District insuring against claims therefrom. Any payment so made will be credited against sums due Contractor in the same manner as if such payment had been made directly to Contractor. The provisions of this Section are intended solely for the benefit of District and will not extend to the benefit of any third persons, or obligate District or its sureties in any way to any third party. Subject to the terms of this Section, Contractor will at all times keep the District’s property, and each part thereof, free from any attachment, lien, claim of lien, or other encumbrance arising out of the Work. The District may demand, from time to time in its sole discretion, that Contractor provide a detailed listing of any and all potential lien claimants (at all tiers) involved in the performance of the Work including, with respect to each such potential lien claimant, the name, scope of Work, sums paid to date, sums owed, and sums remaining to be paid.

INSURANCE.
The Contractor shall maintain throughout the term of this Agreement the following insurance:

Worker’s Compensation Insurance in accordance with the laws of the State of Florida.
Employer’s Liability Coverage with limits of at least $500,000 per accident or disease.
Commercial General Liability Insurance covering the Contractor’s legal liability for bodily injuries, with limits of not less than
$2,000,000 combined single limit bodily injury and property damage liability, and further including, but not being limited to, Independent Contractors Coverage for bodily injury and property damage in connection with subcontractors’ operation.
Automobile Liability Insurance for bodily injuries in limits of not less than $1,000,000 combined single limit bodily injury and for property damage, providing coverage for any accident arising out of or resulting from the operation, maintenance, or use by the Contractor of any owned, non-owned, or hired automobiles, trailers, or other equipment required to be licensed.
Umbrella Excess Liability Insurance to cover any liability in excess of the limits of coverage already required and shall have limits of at least $2,000,000 per occurrence and $2,000,000 on aggregate.
The District, its staff, supervisors and consultants shall be named as additional insureds (except with respect to the Worker’s Compensation Insurance). The Contractor shall furnish the District with the Certificate of Insurance evidencing compliance with this requirement. No certificate shall be acceptable to the District unless it provides that any change or termination within the policy periods of the insurance coverage, as certified, shall not be effective within thirty (30) days of prior written notice to the District. Insurance coverage shall be from a reputable insurance carrier, licensed to conduct business in the State of Florida, and such carrier shall have a Best’s Insurance Reports rating of A-VII.
If the Contractor fails to have secured and maintained the required insurance, the District has the right (without any obligation to do so, however), to secure such required insurance in which event, the Contractor shall pay the cost for that required insurance to the District and shall furnish, upon demand, all information that may be required in connection with the District’s obtaining the required insurance. If Contractor fails to pay such cost to the District, the District may deduct such amount from any payment due the Contractor.

INDEMNIFICATION.
Contractor shall use reasonable care in performing the services and shall be responsible for any harm of any kind to persons or property resulting from Contractor’s actions or inactions. 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.
Obligations under this section shall include the payment of all settlements, judgments, damages, liquidated damages, penalties, fines, forfeitures, back pay, awards, court costs, mediation costs, litigation expenses, attorney fees, paralegal fees (incurred in court, out of court, on appeal, or in bankruptcy proceedings), or other amounts of any kind.
The Contractor agrees that nothing in this Agreement shall serve as or be construed as a waiver of the District’s or its staff, supervisors or consultants limitations on liability contained in section 768.28, Florida Statutes or other law. Any subcontractor retained by the Contractor shall acknowledge the same in writing, and it shall be Contractor’s responsibility to secure such acknowledgments. Further, nothing herein shall be construed to limit or restrict the District’s rights against the Contractor under applicable law.

ENVIRONMENTAL ACTIVITIES. The Contractor agrees to use best management practices, consistent with industry standards, with respect to the storage, handling and use of chemicals (e.g., fertilizers, pesticides, etc.) and fuels. The Contractor shall keep all equipment clean (e.g., chemical sprayers) and properly dispose of waste. Further, the Contractor shall immediately notify the District of any chemical or fuel spills. The Contractor shall be responsible for any environmental cleanup, replacement of any turf or plants harmed from chemical burns, and correcting any other harm resulting from the Work to be performed by Contractor.

ACCEPTANCE OF THE SITE. By executing this Agreement, the Contractor agrees that the Contractor was able to inspect the site prior to the time of submission of the bid, and that the Contractor agrees to be responsible for the care, health, maintenance, and replacement, if necessary, of the existing landscaping, in its current condition, and on an “as is” basis. The Contractor shall be strictly liable for the decline or death of any plant material, regardless of whether such decline or death is due to the negligence of the Contractor, and except that the Contractor shall not be responsible for fire, cold, storm or wind damage, incurable or uncontrollable diseases, or damage due to vandalism. No changes to the compensation set forth in this Agreement shall be made based on any claim that the existing landscaping was not in good condition or that the site was unsuitable for such landscaping.

TAX EXEMPT DIRECT PURCHASES. The parties agree that the District, in its discretion, may elect to undertake a direct purchase of any or all materials used for the landscaping

services, including but not limited to the direct purchase of fertilizer. In such event, the following conditions shall apply:

The District may elect to purchase any or all materials directly from a supplier identified by Contractor.

Contractor shall furnish detailed Purchase Order Requisition Forms (“Requisitions”) for all materials to be directly purchased by the District.

Upon receipt of a Requisition, the District shall review the Requisition and, if approved, issue its own purchase order directly to the supplier, with delivery to be made to the District on an F.O.B. job site basis.

The purchase order issued by the District shall include the District’s consumer certificate of exemption number issued for Florida sales and use tax purposes.

Contractor will have contractual obligations to inspect, accept delivery of, and store the materials pending use of the materials as part of the landscaping services. The contractor’s possession of the materials will constitute a bailment. The contractor, as bailee, will have the duty to safeguard, store and protect the materials while in its possession until returned to the District through use of the materials.

After verifying that delivery is in accordance with the purchase order, Contractor will submit a list indicating acceptance of goods from suppliers and concurrence with the District’s issuance of payment to the supplier. District will process the invoices and issue payment directly to the supplier.

The District may purchase and maintain insurance sufficient to cover materials purchased directly by the District.

All payments for direct purchase materials made by the District, together with any state or local tax savings, shall be deducted from the compensation provided for in this Agreement.

COMPLIANCE WITH GOVERNMENTAL REGULATION. The Contractor shall keep, observe, and perform all requirements of applicable local, State and Federal laws, rules, regulations, ordinances, permits, licenses, or other requirements or approvals. Further, the Contractor shall notify the District in writing within five (5) days of the receipt of any notice, order, required to comply notice, or a report of a violation or an alleged violation, made by any local, State, or Federal governmental body or agency or subdivision thereof with respect to the services being rendered under this Agreement or any act or omission of the Contractor or any of its agents, servants, employees, or material men, or appliances, or any other requirements applicable to provision of services. Additionally, the Contractor shall promptly comply with any

requirement of such governmental entity after receipt of any such notice, order, request to comply notice, or report of a violation or an alleged violation.

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 for breach of this Agreement, which may include, but not be limited to, the right of damages, injunctive relief, and/or specific performance. The District shall be solely responsible for enforcing its rights under this Agreement against any interfering third party. Nothing contained in this Agreement shall limit or impair the District’s right to protect its rights from interference by a third party to this Agreement.

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

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

TERMINATION. The District agrees that the Contractor may terminate this Agreement with cause by providing ninety (90) days written notice of termination to the District; provided, however, that the District shall be provided a reasonable opportunity to cure any failure under this Agreement. The Contractor agrees that, notwithstanding any other provision of this Agreement, and regardless of whether any of the procedural steps set forth in Section 4 of this Agreement are taken, the District may terminate this Agreement immediately with cause by providing written notice of termination to the Contractor. The District shall provide thirty (30) days written notice of termination without cause. Any termination by the District shall not result in liability to the District for consequential damages, lost profits, or any other damages or liability. However, upon any termination of this Agreement by the District, the Contractor shall be entitled to payment for all Work and/or services rendered up until the effective termination of this Agreement, subject to whatever claims or off-sets the District may have against the Contractor.

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

ASSIGNMENT. Neither the District nor the Contractor may assign this Agreement without the prior written approval of the other, which approval shall not be unreasonably withheld, provided, however, that consent shall not be required to assign this Agreement to any company which controls, is controlled by, or is under common control with Contractor or in connection with assignment to an affiliate or pursuant to a merger, sale of all or substantially all of its assets or

equity securities, consolidation, change or control or corporate reorganization. Any purported assignment of this Agreement without such prior written approval shall be void.

INDEPENDENT CONTRACTOR STATUS. In all matters relating to this Agreement, the Contractor shall be acting as an independent Contractor. Neither the Contractor nor employees of the Contractor, if there are any, are employees of the District under the meaning or application of any Federal or State Unemployment or Insurance Laws or Old Age Laws or otherwise. The Contractor agrees to assume all liabilities or obligations imposed by any one or more of such laws with respect to employees of the Contractor, if there are any, in the performance of this Agreement. The Contractor shall not have any authority to assume or create any obligation, express or implied, on behalf of the District and the Contractor shall have no authority to represent the District as an agent, employee, or in any other capacity, unless otherwise set forth in this Agreement.

HEADINGS FOR CONVENIENCE ONLY. The descriptive headings in this Agreement are for convenience only and shall neither control nor affect the meaning or construction of any of the provisions of this Agreement.

AGREEMENT. This instrument, together with its attachments which are hereby incorporated herein, shall constitute the final and complete expression of this Agreement between the District and Contractor relating to the subject matter of this Agreement. To the extent of any inconsistency / conflict between this document, and the Exhibits, this document and the Exhibits shall be read in harmony to fulfill the intent of this Agreement, provided however that in the event of an irreconcilable inconsistency / conflict, this document shall control.

ENFORCEMENT OF AGREEMENT. In the event that either the District or the Contractor is required to enforce this Agreement by court proceedings or otherwise, then the prevailing party shall be entitled to recover all fees and costs incurred, including reasonable attorneys’ fees, paralegal fees and costs for trial, mediation, or appellate proceedings.

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.

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 instrument.

NOTICES. Any notice, demand, request or communication required or permitted hereunder (“Notice”) shall be in writing and sent by hand delivery, United States certified mail, or by recognized overnight delivery service, addressed as follows:

If to the District:	Somerset Community
Development District
120 Richard Jackson Blvd., Suite 220 Panama City Beach, Florida 32407

Attn: District Manager

With a copy to:	Hopping Green & Sams, PA
119 South Monroe Street, Suite 300
Tallahassee, Florida 32301 Attn: District Counsel

If to Contractor:	Rip’s Professional Lawn Care, Inc.
511 North Highway 79
Panama City Beach, Florida 32413 Attn:   	

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.

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.

CONTROLLING LAW AND VENUE. This Agreement and the provisions contained in this Agreement shall be construed, interpreted, and controlled according to the laws of the State of Florida. Venue for any legal actions regarding this Agreement shall be Walton County, Florida.

COMPLIANCE WITH PUBLIC RECORDS LAWS. 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 Kim O’Mera (“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, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (850) 334-9055, KOMERA@RIZZETTA.COM, AND 120 RICHARD JACKSON BLVD., SUITE 220, PANAMA CITY BEACH, FLORIDA 32407.

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.

ARM’S LENGTH TRANSACTION. This Agreement has been negotiated fully between the District and the Contractor as an arm’s length transaction. The District and the Contractor participated fully in the preparation of this Agreement with the assistance of their respective counsel. In the case of a dispute concerning the interpretation of any provision of this Agreement, the parties are each deemed to have drafted, chosen, and selected the language, and any doubtful language will not be interpreted or construed against any party.

COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be an original; however, all such counterparts together shall constitute, but one and the same instrument.

E-VERIFY. The Contractor shall comply with and perform all applicable provisions of Section 448.095, Florida Statutes. Accordingly, beginning January 1, 2021, to the extent required by Florida Statute, Contractor shall register with and use the United States Department of Homeland Security’s E-Verify system to verify the work authorization status of all newly hired employees. The District may terminate this Agreement immediately for cause if there is a good faith belief that the Contractor has knowingly violated Section 448.091, Florida Statutes.

If the Contractor anticipates entering into agreements with a subcontractor for the Work, Contractor will not enter into the subcontractor agreement without first receiving an affidavit from the subcontractor regarding compliance with Section 448.095, Florida Statutes, and stating that

the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of such affidavit for the duration of the agreement and provide a copy to the District upon request.

In the event that the District has a good faith belief that a subcontractor has knowingly violated Section 448.095, Florida Statutes, but the Contractor has otherwise complied with its obligations hereunder, the District shall promptly notify the Contractor. The Contractor agrees to immediately terminate the agreement with the subcontractor upon notice from the District. Further, absent such notification from the District, the Contractor or any subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09(1), Florida Statutes, shall promptly terminate its agreement with such person or entity.

By entering into this Agreement, the Contractor represents that no public employer has terminated a contract with the Contractor under Section 448.095(2)(c), Florida Statutes, within the year immediately preceding the date of this Agreement.

[Remainder of page left intentionally blank]

IN WITNESS WHEREOF, the Parties execute this Agreement as set forth below.

ATTEST:

SOMERSET COMMUNITY DEVELOPMENT DISTRICT

___________________________ Secretary/Assistant Secretary

WITNESS:

______________________________ Chairperson, Board of Supervisors

RIP’S PROFESSIONAL LAWN CARE, INC.

______________________________ By: __________________________ Its: ___________________________

EXHIBIT A:	Scope of Services
EXHIBIT B:	Landscape Maintenance Area Map
EXHIBIT C:	Additional Services Order

________________________________ By: _____________________________ Its: _____________________________

EXHIBIT “A” SCOPE OF SERVICES

Rip's Professional Lawn Care, Inc	Estimate

Date	Estimate #	
7/22/2021	5-4413	

511 North Highway 79 Panama City Beach, FL 32413 850-233-6396

Name / Address	
Alys Beach Neighborhood Association c/o Rizzetta & Company
120 Richard Jackson Boulevard, Suite 220 Panama City Beach, FL 32407	

	Project	
		
Description	Qty	Rate	Total	
Grounds Management - East Highway 30A - Alys Beach - per month		8,975.00	8,975.00	
Mowing, edging, weedeating and blowing 48 times per year				
All chemical application - herbicides, insecticides, fungicides				
Rye seed application - once per year				
Aeration and top dressing application - once per year				
Rocks added to Palm tree beds (120 bags) per year				
				
		Total		
$8,975.00	

EXHIBIT “B’ LANDSCAPE MAINTENANCE AREAS

EXHIBIT “C”
FORM OF ADDITIONAL SERVICES ORDER

WORK AUTHORIZATION FOR ADDITIONAL LANDSCAPE AND IRRIGATION MAINTENANCE SERVICES

THIS WORK AUTHORIZATION (the “Work Authorization”), dated	, 2021 authorizes certain work in accordance with that certain Landscape and Irrigation Maintenance Services Agreement (the “Agreement”), dated	, 2021, by and between:

SOMERSET COMMUNITY DEVELOPMENT DISTRICT, a local unit of special- purpose government established pursuant to Chapter 190, Florida Statutes, being situated in Walton County, Florida, and having offices at c/o Rizzetta & Company, Inc., 120 Richard Jackson Blvd., Suite 220, Panama City Beach, Florida 32407 (“District”); and

RIP’S PROFESSIONAL LAWN CARE, INC., a Florida corporation, with a mailing address of 511 North Highway 79, Panama City Beach, Florida 32413 (the “Contractor,” and collectively with the District, the “Parties”).

SECTION 1. SCOPE OF SERVICES. In addition to the Services described in the Agreement and any Exhibits and Amendments thereto, the Contractor will provide additional landscape and irrigation maintenance services, as set forth in the attached Exhibit A, which is incorporated herein by reference, all in accordance with the terms of the Agreement (collectively, the “Additional Services”).

SECTION 2. COMPENSATION. It is understood and agreed that the payment of compensation for the Additional Services under this Work Authorization shall be in the amount set forth in the attached Exhibit A, and in the manner set forth in the Agreement.

SECTION 3. ACCEPTANCE. Acceptance of this Work Authorization will authorize the Contractor to complete the Additional Services as outlined above and is indicated by the signature of the authorized representative of the District and the Contractor in the spaces provided below. Contractor shall commence the aforesaid Additional Services as provided herein and shall perform the same in accordance with the terms and conditions of the Agreement, which, except to the extent expressly altered or changed in this Work Authorization, remain in full force and effect.

[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

IN WITNESS WHEREOF, the Parties hereto have caused this Work Authorization to be executed the day and year first above written.

SOMERSET COMMUNITY DEVELOPMENT DISTRICT

Secretary	Chairman, Board of Supervisors

RIP’S PROFESSIONAL LAWN CARE, INC.

 	

Witness

By:	 Its: 	

Exhibit A: Proposal/Scope of Additional Services

Tab 5

Somerset Community Development District
http://somersetcdd.org

Approved Proposed Budget for Fiscal Year 2021-2022 Presented by: Rizzetta & Company, Inc.

120 Richard Jackson Blvd.
Suite 220
Panama City Beach, FL 32407 Phone: 850-334-9055

rizzetta.com

TABLE OF CONTENTS

Page	
General Fund Budget for Fiscal Year 2021-2022	1	
Reserve Fund Budget for Fiscal Year 2021-2022	3	
Debt Service Fund Budget for Fiscal Year 2021-2022	4	
Assessment Charts for Fiscal Year 2021-2022	5	
General Fund Budget Account Category Descriptions	7	
Reserve Fund Budget Account Category Descriptions	14	
Debt Service Fund Budget Account Category Descriptions	15	

1
Proposed Budget
Somerset Community Development District General Fund
Fiscal Year 2021-2022

Chart of Accounts Classification	Actual YTD
through 05/31/21	Projected Annual Totals 2020/2021	
Annual Budget for 2020/2021	Projected Budget variance for 2020/2021	
Budget for 2021/2022	
Budget Increase (Decrease) vs 2020/2021	

Comments	
1									
2	REVENUES								
3									
4	Special Assessments								
5	Tax Roll*	$ 205,287	$ 202,253	$ 202,253	$	-	$   356,404	$	154,151	Tax/Off Roll determined upon final roll certification.	
6	Off Roll*	$ 193,118	$ 193,113	$ 193,113	$	-	$   356,305	$	163,192	Tax/Off Roll determined upon final roll certification.	
7									
8	TOTAL REVENUES	$ 398,405	$ 395,366	$ 395,366	$	-	$   712,709	$	317,343		
9									
10	Balance Forward from Prior Year	$	-	$	-	$	-	$	-	$	-	$	-		
11									
12	TOTAL REVENUES AND BALANCE FORWARD	$ 398,405	$ 395,366	$ 395,366	$	-	$   712,709	$	317,343		
13									
14	*Allocation of assessments between the Tax Roll and Off Roll are estimates only and subject to change prior to certification.		
15									
16	EXPENDITURES - ADMINISTRATIVE								
17									
18	Legislative								
19	Supervisor Fees	$	600	$    3,200	$    4,000	$	800	$	4,000	$	-	Maintained at same rate.	
20	Financial & Administrative								
21	Administrative Services	$    3,667	$    5,501	$    5,500	$	(1)	$	5,500	$	-	Maintained at same rate.	
22	District Management	$ 17,647	$ 26,471	$ 26,471	$	-	$	26,471	$	-	Maintained at same rate.	
23	District Engineer	$ 21,750	$ 32,610	$    3,600	$ (29,010)	$	16,500	$	12,900	Increased per projections.	
24	Disclosure Report	$    1,750	$    1,750	$    1,500	$	(250)	$	1,750	$	250	Increased per agreement.	
25	Trustees Fees	$    3,688	$    3,688	$    5,000	$    1,312	$	5,000	$	-	Maintained at same rate.	
26	Assessment Roll	$    5,250	$    5,250	$    5,250	$	-	$	5,250	$	-	Maintained at same rate.	
27	Financial & Revenue Collections	$    3,500	$    5,250	$    5,250	$	-	$	5,250	$	-	Maintained at same rate.	
28	Accounting Services	$ 12,360	$ 18,540	$ 18,540	$	-	$	18,540	$	-	Maintained at same rate.	
29	Auditing Services	$	26	$    3,400	$    3,400	$	-	$	3,500	$	100	Per agreement, FY 21 $3,600	
30	Arbitrage Rebate Calculation	$	500	$	500	$	500	$	-	$	500	$	-	Per agreement, FY 20,21,22 $500/yr	
31	Public Officials Liability Insurance	$    2,960	$    2,960	$    3,101	$	141	$	3,500	$	399	Per Egis projections	
32	Legal Advertising	$	868	$    1,302	$    1,600	$	298	$	2,000	$	400	Increased due to projected meetings.	
33	Dues, Licenses & Fees	$	175	$	263	$	175	$	(88)	$	175	$	-	Increased based on projections.	
34	Miscellaneous Fees	$	-	$	-	$	200	$	200	$	200	$	-	Maintained at same rate.	
35	Website Hosting, Maintenance, Backup (and Email)	$    4,200	$    6,300	$    6,300	$	-	$	7,400	$	1,100	Increased per agreement.	
36	Legal Counsel								
37	District Counsel	$ 10,689	$ 16,034	$ 14,000	$   (2,034)	$	15,000	$	1,000	Increased based on projections.	
38									
39	Administrative Subtotal	$ 89,630	$ 133,018	$ 104,387	$ (28,631)	$   120,536	$	16,149		
40									
41	EXPENDITURES - FIELD OPERATIONS								
42									
43	Electric Utility Services								
44	Utility - Lighting	$	-	$	-	$ 27,000	$ 27,000	$	32,500	$	5,500	Increased based on projections, changing utility ownership to the District.	
45	Utility - Irrigation	$    4,018	$    6,027	$    7,500	$    1,473	$	7,500	$	-	Maintained at same rate.	

2

Proposed Budget
Somerset Community Development District General Fund
Fiscal Year 2021-2022

Chart of Accounts Classification	Actual YTD
through 05/31/21	Projected Annual Totals 2020/2021	
Annual Budget for 2020/2021	Projected Budget variance for 2020/2021	
Budget for 2021/2022	
Budget Increase (Decrease) vs 2020/2021	

Comments	
46	Stormwater Control								
47	Stormwater System Maintenanace	$	-	$	-	$	-	$	-	$	1,000	$	1,000	Added line item to account for maintenance.	
48	Lake/Pond Bank Maintenance	$	360	$	540	$    5,000	$    4,460	$	5,000	$	-	Maintained at same rate.	
49	Pond Liner Repair	$	-	$	-	$	-	$	-	$	500	$	500	Added line item to account for maintenance.	
50	Other Physical Environment								
51	General Liability/Property Insurance	$    5,478	$    5,478	$    5,644	$	166	$	20,000	$	14,356	Placeholder- Renewal with EGIS to add property coverage	
52	Facilities Management				$	-	$	54,168	$	54,168	Alys Beach Resorts Facilities Management, including inspections	
53	Facilities Management - Additional Oversight				$	-	$	5,000	$	5,000	Alys Beach Resorts - Additional Oversight Fees	
54	Landscape Maintenance - 30A	$ 43,377	$ 65,066	$ 127,621	$ 62,556	$	87,500	$	(40,121)	Reduction to account for direct agreement and potential increase at renewal.	
55	Landscape Maintenance - Palm Trees	$	-	$	-	$	-	$	-	$	16,500	$	16,500	Added line item, per agreement	
56	Landscape Replacement - Plants, Shrubs, Palms,	$ 17,550	$ 65,500	$ 10,000	$ (55,500)	$	75,000	$	65,000	Increase to account for replacement costs.	
57	Landscape - Mulch	$	-	$	-	$    1,500	$    1,500		$	(1,500)	Recommend removing, not used last two FY's	
58	Irrigation Repairs	$    3,652	$ 16,500	$ 31,000	$ 14,500	$	35,000	$	4,000		
59	Irrigation System Supply Pump Maintenance	$    2,480	$    3,720	$    3,360	$	(360)	$	4,000	$	640	Increased based on projections.	
60	Irrigation - Well Maintenance and Repair	$    1,380	$    5,500	$    6,575	$    1,075	$	6,575	$	-	Maintained at same rate.	
61	Irrigation - System Feeder Pump Maintenance	$    2,013	$    3,020	$	-	$   (3,020)	$	7,500	$	7,500	Increased based on projections.	
62	Irrigation System - Feeder Pump Chemicals	$	-	$	-	$    1,750	$    1,750	$	1,750	$	-	Recommend removing	
63	NPDES Inspections	$ 17,763	$ 26,645	$ 36,000	$    9,356	$	26,700	$	(9,300)	Renamed line item, additional inspections included within Facility Management.	
64	Dune Maintenance				$	-	$	72,480	$	72,480	Added line item to account for ongoing maintenance.	
65	Ped Path Lighting - Maintenance	$	-	$	-	$    3,000	$    3,000	$	12,000	$	9,000	Renamed from Ornamental Lighting & Maintenance, increase per MOU	
66	Road & Street Facilities								
67	Crosswalk Installation/Lighting	$	-	$	-	$	-	$	-	$	18,000	$	18,000	Expected crosswalk installation.	
68	Crosswalk Maintenance	$	-	$	-	$	-	$	-	$	12,000	$	12,000	Suggested line item to account for maintenance.	
69	Street Light Maintenance	$ 46,548	$ 65,000	$ 18,250	$ (46,750)	$	31,500	$	13,250	Increase based on projected costs, stree light inspections moved to Facility Management	
73	Contingency								
74	Miscellaneous Contingency	$ 21,381	$ 32,072	$    6,779	$ (25,293)	$	60,000	$	53,221	Increase due to age of equipment and repair therof	
75									
76	Field Operations Subtotal	$ 166,000	$ 295,066	$ 290,979	$   (4,087)	$   592,173	$	301,194		
77									
78	TOTAL EXPENDITURES	$ 255,630	$ 428,084	$ 395,366	$ (32,718)	$   712,709	$	317,343		
79									
80	EXCESS OF REVENUES OVER EXPENDITURES	$ 142,775	$ (32,718)	$	-	$ (32,718)	$	-	$	-		
81									

3

Proposed Budget
Somerset Community Development District Reserve Fund
Fiscal Year 2021-2022

Chart of Accounts Classification	Actual YTD through 05/31/21	Projected Annual Totals 2020/2021	Annual Budget for 2020/2021	Projected Budget variance for 2020/2021	
Budget for 2021/2022	Budget Increase (Decrease) vs 2020/2021	
Comments	
1									
2	REVENUES								
3									
4	Special Assessments								
5	Tax Roll*	$	87,686	$	87,686	$ 87,686	$	-	$ 332,744	$	245,058	Tax/Off Roll determined upon final roll certification.	
6	Off Roll*	$	83,723	$	83,723	$ 83,723	$	-	$ 365,812	$	282,089	Tax/Off Roll determined upon final roll certification.	
7	Interest Earnings								
8	Interest Earnings	$	32	$	48	$	-	$	48	$	-	$	-		
9									
10	TOTAL REVENUES	$ 171,441	$	171,457	$ 171,409	$	48	$ 698,556	$	527,147		
11									
12	TOTAL REVENUES AND BALANCE	$ 171,441	$	171,457	$ 171,409	$	48	$ 698,556	$	527,147		
13									
14	*Allocation of assessments between the Tax Roll and Off Roll are estimates only and subject to change prior to certification.		
15									
16	EXPENDITURES								
17									
18	Contingency								
19	Capital Reserves	$ 144,753	$	144,753	$ 171,409	$	26,656	$ 698,556	$	527,147	Increase required to fund Reserve Balance for future anticipated expeditures.	
20									
21	TOTAL EXPENDITURES	$ 144,753	$	144,753	$ 171,409	$	26,656	$ 698,556	$	527,147		
22									
23	EXCESS OF REVENUES OVER	$	26,688	$	26,704	$	-	$	26,704	$	-	$	-		
24									

4

Budget Template
Somerset Community Development District Debt Service
Fiscal Year 2021/2022

Chart of Accounts Classification	Series 2005	Budget for 2021/2022	
			
REVENUES			
Special Assessments			
Net Special Assessments	$1,161,919.76	$1,161,919.76	
			
TOTAL REVENUES	$1,161,919.76	$1,161,919.76	

EXPENDITURES			
Administrative			
Financial & Administrative			
Debt Service Obligation	$1,161,919.76	$1,161,919.76	
Administrative Subtotal	$1,161,919.76	$1,161,919.76	
			
TOTAL EXPENDITURES	$1,161,919.76	$1,161,919.76	
			
EXCESS OF REVENUES OVER EXPEN	$0.00	$0.00	

Walton County Collecction Costs (2%) and Early Payment Discounts (4%)	6.0%

Gross assessments	$1,236,084.85

Notes:
Tax Roll Collection Costs and Early Payment Discounts are 6.0% of Tax Roll. Budgeted net of tax roll assessments. See Assessment Table.

5

SOMERSET COMMUNITY DEVELOPMENT DISTRICT

FISCAL YEAR 2021/2022 O&M & DEBT SERVICE ASSESSMENT SCHEDULE TOTAL O&M BUDGET	$1,411,265.00
COLLECTION COSTS @:	2.0%	$30,026.91
EARLY PAYMENT DISCOUNT @	4.0%		$60,053.83 TOTAL O&M ASSESSMENT:		$1,501,345.74

UNITS ASSESSED	TOTAL	
SERIES 2005	ALLOCATION OF O&M ASSESSMENT	SERIES 2005	PER LOT ANNUAL ASSESSMENT	
DEBT	TOTAL	% TOTAL	TOTAL	DEBT SERVICE		SERIES 2005		
LOT SIZE	O&M	SERVICE (1)	EAU FACTOR	EAU's	EAU's	O&M BUDGET	ASSESSMENT	O&M (2)	DEBT SERVICE (3)	TOTAL (4)	
PLATTED LOTS					
SINGLE & MULTI FAMILY	531	531	1.00	531.00	69.71%	$1,046,556.73	$861,648.39	$1,970.92	$1,622.69	$3,593.61	
COMMERCIAL	22.8	22.8	1K sf	0.75	17.10	2.24%	$33,702.67	$27,748.06	$1,478.19	$1,217.02	$2,695.21	

Total Platted	 	553.8	    	553.8		 	548.10	71.95%	$1,080,259.41  	

     $889,396.45					
UNPLATTED LOTS					
COMMERCIAL	154.2	154.2	1K sf	0.75	115.65	15.18%	$227,936.51	$187,664.48	$1,478.19	$1,217.02	$2,695.21	
HOTEL / INN	60	60	0.50	30.00	3.94%	$59,127.50	$48,681.00	$985.46	$811.35	$1,796.81	
SINGLE FAMILY	68	68	1.00	68.00	8.93%	$134,022.33	$110,342.92	$1,970.92	$1,622.69	$3,593.61	
Total Unplatted	 	282.2	    	282.2		 	213.65	28.05%	$421,086.34 

TOTAL COMMUNITY	 	836	    	836		 	761.75	100.00%     $1,501,345.74  

LESS: Walton County Collection Costs (2%) and Early Payment Discounts (4%):	($90,080.74)

Net Revenue to be Collected:	$1,411,265.00	     $346,688.40	
    $1,236,084.85 ($74,165.09)

$1,161,919.76				

UNPLAT BY ACREAGE (2)	88.62	88.62	$421,086.34	

$346,688.40	PER ACRE ASSESSMENTS - UNPLATTED O&M	DEBT SERVICE	TOTAL
$4,751.54	$3,912.03	$8,663.57	

(1) Reflects the number of total lots with Series 2005 debt outstanding.

(2) Assessments are allocated on an equal assessment per acre basis until lots are platted.

(3) Annual debt service assessment per lot adopted in connection with the Series 2005 bond issue. Annual assessment includes principal, interest, Walton County collection costs and early payment discounts.

(4) Annual assessment that will appear on November 2021 Walton County property tax bill. Amount shown includes all applicable collection costs and early payment discounts (up to 4% if paid early).	

6

SOMERSET COMMUNITY DEVELOPMENT DISTRICT

FISCAL YEAR 2021/2022 O&M AND DEBT SERVICE ASSESSMENT SCHEDULE

2021/2022 O&M Budget	$1,411,265.00	
Collection Costs (2%):	$30,026.91	
Early Payment Discount (4%):	$60,053.83	
2021/2022 Total:	$1,501,345.74	

2020/2021 O&M Budget	$566,775.00	
2021/2022 O&M Budget	$1,411,265.00	
Total Difference:	$844,490.00	

PER UNIT ANNUAL ASSESSMENT	Proposed Increase / Decrease
	2020/2021	2021/2022	$	%	
Debt Service - Commercial	$1,217.02	$1,217.02	$0.00	0.00%	
Operations/Maintenance - Commercial	$593.65	$1,478.19	$884.54	149.00%	
Total	$1,810.67	$2,695.21	$884.54	48.85%	

Debt Service - Hotel / Inn	

$811.35	

$811.35	

$0.00	

0.00%	
Operations/Maintenance - Hotel / Inn	$395.77	$985.46	$589.69	149.00%	
Total	$1,207.12	$1,796.81	$589.69	48.85%	

Debt Service - Single Family	

$1,622.69	

$1,622.69	

$0.00	

0.00%	
Operations/Maintenance - Single Family	$791.54	$1,970.92	$1,179.38	149.00%	
Total	$2,414.23	$3,593.61	$1,179.38	48.85%	

7

GENERAL FUND BUDGET ACCOUNT CATEGORY DESCRIPTION

The General Fund Budget Account Category Descriptions are subject to change at any time depending on its application to the District. Please note, not all General Fund Budget Account Category Descriptions are applicable to the District indicated above. Uses of the descriptions contained herein are intended for general reference.

REVENUES:

Interest Earnings: The District may earn interest on its monies in the various operating accounts.

Tax Roll: The District levies Non-Ad Valorem Special Assessments on all of the assessable property within the District to pay for operating expenditures incurred during the Fiscal Year. The assessments may be collected in two ways. The first is by placing them on the County’s Tax Roll, to be collected with the County’s Annual Property Tax Billing. This method is only available to land properly platted within the time limits prescribed by the County.

Off Roll: For lands not on the tax roll and that is by way of a direct bill from the District to the appropriate property owner.

Developer Contributions: The District may enter into a funding agreement and receive certain prescribed dollars from the Developer to off-set expenditures of the District.

Event Rental: The District may receive monies for event rentals for such things as weddings, birthday parties, etc.

Miscellaneous Revenues: The District may receive monies for the sale or provision of electronic access cards, entry decals etc.

Facilities Rentals: The District may receive monies for the rental of certain facilities by outside sources, for such items as office space, snack bar/restaurants etc.

EXPENDITURES – ADMINISTRATIVE:

Supervisor Fees: The District may compensate its supervisors within the appropriate statutory limits of $200.00 maximum per meeting within an annual cap of $4,800.00 per supervisor.

8

Administrative Services: The District will incur expenditures for the day to today operation of District matters. These services include support for the District Management function, recording and preparation of meeting minutes, records retention and maintenance in accordance with Chapter 119, Florida Statutes, and the District’s adopted Rules of Procedure, preparation and delivery of agenda, overnight deliveries, facsimiles and phone calls.

District Management: The District as required by statute, will contract with a firm to provide for management and administration of the District’s day to day needs. These services include the conducting of board meetings, workshops, overall administration of District functions, all required state and local filings, preparation of annual budget, purchasing, risk management, preparing various resolutions and all other secretarial duties requested by the District throughout the year is also reflected in this amount.

District Engineer: The District’s engineer provides general engineering services to the District. Among these services are attendance at and preparation for monthly board meetings, review of construction invoices and all other engineering services requested by the district throughout the year.

Disclosure Report: The District is required to file quarterly and annual disclosure reports, as required in the District’s Trust Indenture, with the specified repositories. This is contracted out to a third party in compliance with the Trust Indenture.

Trustee’s Fees: The District will incur annual trustee’s fees upon the issuance of bonds for the oversight of the various accounts relating to the bond issues.

Assessment Roll: The District will contract with a firm to maintain the assessment roll and annually levy a Non-Ad Valorem assessment for operating and debt service expenses.

Financial & Revenue Collections: Services include all functions necessary for the timely billing and collection and reporting of District assessments in order to ensure adequate funds to meet the District’s debt service and operations and maintenance      obligations. These services include, but are not limited to, assessment roll preparation and certification, direct billings and funding request processing as well as responding to property owner questions regarding District assessments. This line item also includes the fees incurred for a Collection Agent to collect the funds for the principal and interest payment for its short-term bond issues and any other bond related collection needs. These funds are collected as prescribed in the Trust Indenture. The Collection Agent also provides for the release of liens on property after the full collection of bond debt levied on particular properties.

Accounting Services: Services include the preparation and delivery of the District’s financial statements in accordance with Governmental Accounting Standards, accounts payable and accounts receivable functions, asset tracking, investment tracking, capital program administration and requisition processing, filing of annual reports required by the State of Florida and monitoring of trust account activity.

9

Auditing Services: The District is required annually to conduct an audit of its financial records by an Independent Certified Public Accounting firm, once it reaches certain revenue and expenditure levels, or has issued bonds and incurred debt.

Arbitrage Rebate Calculation: The District is required to calculate the interest earned from bond proceeds each year pursuant to the Internal Revenue Code of 1986. The Rebate Analyst is required to verify that the District has not received earnings higher than the yield of the bonds.

Travel: Each Board Supervisor and the District Staff are entitled to reimbursement for travel expenses per Florida Statutes 190.006(8).

Public Officials Liability Insurance: The District will incur expenditures for public officials’ liability insurance for the Board and Staff.

Legal Advertising: The District will incur expenditures related to legal advertising. The items for which the District will advertise include, but are not limited to meeting schedules, special meeting notices, and public hearings, bidding etc. for the District based on statutory guidelines

Bank Fees: The District will incur bank service charges during the year.

Dues, Licenses & Fees: The District is required to pay an annual fee to the Department of Economic Opportunity, along with other items which may require licenses or permits, etc.

Miscellaneous Fees: The District could incur miscellaneous throughout the year, which may not fit into any standard categories.

Website Hosting, Maintenance and Email: The District may incur fees as they relate to the development and ongoing maintenance of its own website along with possible email services if requested.

District Counsel: The District’s legal counsel provides general legal services to the District. Among these services are attendance at and preparation for monthly board meetings, review of operating and maintenance contracts and all other legal services requested by the district throughout the year.

EXPENDITURES - FIELD OPERATIONS:

Deputy Services: The District may wish to contract with the local police agency to provide security for the District.

10

Security Services and Patrols: The District may wish to contract with a private company to provide security for the District.

Electric Utility Services: The District will incur electric utility expenditures for general purposes such as irrigation timers, lift station pumps, fountains, etc.

Streetlights: The District may have expenditures relating to streetlights throughout the community. These may be restricted to main arterial roads or in some cases to all streetlights within the District’s boundaries.
Utility - Recreation Facility: The District may budget separately for its recreation and or amenity electric separately.

Gas Utility Services: The District may incur gas utility expenditures related to district operations at its facilities such as pool heat etc.

Garbage - Recreation Facility: The District will incur expenditures related to the removal of garbage and solid waste.

Solid Waste Assessment Fee: The District may have an assessment levied by another local government for solid waste, etc.

Water-Sewer Utility Services: The District will incur water/sewer utility expenditures related to district operations.

Utility - Reclaimed: The District may incur expenses related to the use of reclaimed water for irrigation.

Aquatic Maintenance: Expenses related to the care and maintenance of the lakes and ponds for the control of nuisance plant and algae species.

Fountain Service Repairs & Maintenance: The District may incur expenses related to maintaining the fountains within throughout the Parks & Recreational areas

Lake/Pond Bank Maintenance: The District may incur expenditures to maintain lake banks, etc. for the ponds and lakes within the District’s boundaries, along with planting of beneficial aquatic plants, stocking of fish, mowing and landscaping of the banks as the District determines necessary.

Wetland Monitoring & Maintenance: The District may be required to provide for certain types of monitoring and maintenance activities for various wetlands and waterways by other governmental entities.

Mitigation Area Monitoring & Maintenance: The District may be required to provide for certain types of monitoring and maintenance activities for various mitigation areas by other governmental entities.

11

Aquatic Plant Replacement: The expenses related to replacing beneficial aquatic plants, which may or may not have been required by other governmental entities.

General Liability Insurance: The District will incur fees to insure items owned by the District for its general liability needs

Property Insurance: The District will incur fees to insure items owned by the District for its property needs

Entry and Walls Maintenance: The District will incur expenditures to maintain the entry monuments and the fencing.
Landscape Maintenance: The District will incur expenditures to maintain the rights-of-way, median strips, recreational facilities including pond banks, entryways, and similar planting areas within the District. These services include but are not limited to monthly landscape maintenance, fertilizer, pesticides, annuals, mulch, and irrigation repairs.

Irrigation Maintenance: The District will incur expenditures related to the maintenance of the irrigation systems.

Irrigation Repairs: The District will incur expenditures related to repairs of the irrigation systems.

Landscape Replacement: Expenditures related to replacement of turf, trees, shrubs etc.

Field Services: The District may contract for field management services to provide landscape maintenance oversight.

Miscellaneous Fees: The District may incur miscellaneous expenses that do not readily fit into defined categories in field operations.

Gate Phone: The District will incur telephone expenses if the District has gates that are to be opened and closed.

Street/Parking Lot Sweeping: The District may incur expenses related to street sweeping for roadways it owns or are owned by another governmental entity, for which it elects to maintain.

Gate Facility Maintenance: Expenses related to the ongoing repairs and maintenance of gates owned by the District if any.

Sidewalk Repair & Maintenance: Expenses related to sidewalks located in the right of way of streets the District may own if any.

Roadway Repair & Maintenance: Expenses related to the repair and maintenance of roadways owned by the District if any.

12

Employees - Salaries: The District may incur expenses for employees/staff members needed for the recreational facilities such as Clubhouse Staff.

Employees - P/R Taxes: This is the employer’s portion of employment taxes such as FICA etc.

Employee - Workers’ Comp: Fees related to obtaining workers compensation insurance.

Management Contract: The District may contract with a firm to provide for the oversight of its recreation facilities.

Maintenance & Repair: The District may incur expenses to maintain its recreation facilities.

Facility Supplies: The District may have facilities that required various supplies to operate.

Gate Maintenance & Repairs: Any ongoing gate repairs and maintenance would be included in this line item.

Telephone, Fax, Internet: The District may incur telephone, fax and internet expenses related to the recreational facilities.

Office Supplies: The District may have an office in its facilities which require various office related supplies.

Clubhouse - Facility Janitorial Service: Expenses related to the cleaning of the facility and related supplies.

Pool Service Contract: Expenses related to the maintenance of swimming pools and other water features.

Pool Repairs: Expenses related to the repair of swimming pools and other water features.

Security System Monitoring & Maintenance: The District may wish to install a security system for the clubhouse

Clubhouse Miscellaneous Expense: Expenses which may not fit into a defined category in this section of the budget

Athletic/Park Court/Field Repairs: Expense related to any facilities such as tennis, basketball etc.

Trail/Bike Path Maintenance: Expenses related to various types of trail or pathway systems the District may own, from hard surface to natural surfaces.

13

Special Events: Expenses related to functions such as holiday events for the public enjoyment

Miscellaneous Fees:	Monies collected and allocated for fees that the District could incur throughout the year, which may not fit into any standard categories.

Miscellaneous Contingency: Monies collected and allocated for expenses that the District could incur throughout the year, which may not fit into any standard categories.

Capital Outlay:	Monies collected and allocated for various projects as they relate to public improvements.

14

RESERVE FUND BUDGET ACCOUNT CATEGORY DESCRIPTION

The Reserve Fund Budget Account Category Descriptions are subject to change at any time depending on its application to the District. Please note, not all Reserve Fund Budget Account Category Descriptions are applicable to the District indicated above. Uses of the descriptions contained herein are intended for general reference.

REVENUES:

Tax Roll: The District levies Non-Ad Valorem Special Assessments on all of the assessable property within the District to pay for operating expenditures incurred during the Fiscal Year. The assessments may be collected in two ways. The first is by placing them on the County’s Tax Roll, to be collected with the County’s Annual Property Tax Billing. This method is only available to land properly platted within the time limits prescribed by the County.

Off Roll: For lands not on the tax roll and that is by way of a direct bill from the District to the appropriate property owner.

Developer Contributions: The District may enter into a funding agreement and receive certain prescribed dollars from the Developer to off-set expenditures of the District.

Miscellaneous Revenues: The District may receive monies for the sale or provision of electronic access cards, entry decals etc.

EXPENDITURES:

Capital Reserve: Monies collected and allocated for the future repair and replacement of various capital improvements such as club facilities, swimming pools, athletic courts, roads, etc.

Capital Outlay: Monies collected and allocated for various projects as they relate to public improvements.

1155

DEBT SERVICE FUND BUDGET ACCOUNT CATEGORY DESCRIPTION
The Debt Service Fund Budget Account Category Descriptions are subject to change at any time depending on its application to the District. Please note, not all Debt Service Fund Budget Account Category Descriptions are applicable to the District indicated above. Uses of the descriptions contained herein are intended for general reference.

REVENUES:

Special Assessments: The District may levy special assessments to repay the debt incurred by the sale of bonds to raise working capital for certain public improvements. The assessments may be collected in the same fashion as described in the Operations and Maintenance Assessments.

EXPENDITURES – ADMINISTRATIVE:

Bank Fees: The District may incur bank service charges during the year.

Debt Service Obligation: This would a combination of the principal and interest payment to satisfy the annual repayment of the bond issue debt.

Tab 6

RESOLUTION 2021-04

THE ANNUAL APPROPRIATION RESOLUTION OF THE SOMERSET COMMUNITY DEVELOPMENT DISTRICT (“DISTRICT”) RELATING TO THE ANNUAL APPROPRIATIONS AND ADOPTING THE BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2021, AND ENDING SEPTEMBER 30, 2022; AUTHORIZING BUDGET AMENDMENTS; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the District Manager has, prior to the fifteenth (15th) day in June, 2021, submitted to the Board of Supervisors (“Board”) of the Somerset Community Development District (“District”) proposed budgets (“Proposed Budget”) for the fiscal year beginning October 1, 2021 and ending September 30, 2022 (“Fiscal Year 2021/2022”) 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 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 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; and

WHEREAS, Section 190.008(2)(a), Florida Statutes, requires that, prior to October 1st of each year, the 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 SOMERSET COMMUNITY DEVELOPMENT DISTRICT:

SECTION 1.     BUDGET

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

b.	The 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 (“Adopted Budget”), 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.	
c.	The Adopted Budget, as amended, shall be maintained in the office of the District Manager and at the District’s Local Records Office and identified as “The Budget for the Somerset Community Development District for the Fiscal Year Ending September 30, 2022.”	
d.	The Adopted Budget shall be posted by the District Manager on the District’s official website within thirty (30) days after adoption, and shall remain on the	
website for at least 2 years.

SECTION 2.	APPROPRIATIONS

There is hereby appropriated out of the revenues of the District, for Fiscal Year 2021/2022, the sum of $	to be raised by the levy of assessments and/or otherwise, which sum is deemed by the Board 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	$ 	

DEBT SERVICE FUND(S)	$ 	

TOTAL ALL FUNDS	$ 	

SECTION 3.	BUDGET AMENDMENTS

Pursuant to Section 189.016, Florida Statutes, the District at any time within Fiscal Year 2021/2022 or within 60 days following the end of the Fiscal Year 2021/2022 may amend its Adopted Budget for that fiscal year as follows:

A line-item appropriation for expenditures within a fund may be decreased or increased by motion of the Board recorded in the minutes, and approving the expenditure, if the total appropriations of the fund do not increase.

The District Manager or Treasurer may approve an expenditure that would increase or decrease a line-item appropriation for expenditures within a fund if the total appropriations of the fund do not increase and if either (i) the aggregate change in the original appropriation item does not exceed the greater of $15,000

or 15% of the original appropriation, or (ii) such expenditure is authorized by separate disbursement or spending resolution.

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

The District Manager or Treasurer must ensure that any amendments to the budget under paragraph c. above are posted on the District’s website within 5 days after adoption and remain on the website for at least 2 years.

SECTION 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption.

PASSED AND ADOPTED THIS 9TH DAY OF AUGUST, 2021.

ATTEST:	SOMERSET COMMUNITY
DEVELOPMENT DISTRICT

Secretary/Assistant Secretary

By:	 Its: 	

Tab 7

RESOLUTION 2021-05

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE SOMERSET COMMUNITY DEVELOPMENT DISTRICT MAKING A DETERMINATION OF BENEFIT AND IMPOSING SPECIAL ASSESSMENTS FOR FISCAL YEAR 2021/2022; PROVIDING FOR THE COLLECTION AND ENFORCEMENT OF SPECIAL ASSESSMENTS, INCLUDING BUT NOT LIMITED TO PENALTIES AND INTEREST THEREON; CERTIFYING AN ASSESSMENT ROLL; PROVIDING FOR AMENDMENTS TO THE ASSESSMENT ROLL; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Somerset Community Development District (“District”) is a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, for the purpose of providing, operating and maintaining infrastructure improvements, facilities and services to the lands within the District; and

WHEREAS, the District is located in Walton County, Florida (“County”); and

WHEREAS, the District has constructed or acquired various infrastructure improvements and provides certain services in accordance with the District’s adopted capital improvement plan and Chapter 190, Florida Statutes; and

WHEREAS, the Board of Supervisors (“Board”) of the District hereby determines to undertake various operations and maintenance and other activities described in the District’s budget (“Adopted Budget”) for the fiscal year beginning October 1, 2021 and ending September 30, 2022 (“Fiscal Year 2021/2022”), attached hereto as Exhibit “A;” and

WHEREAS, the District must obtain sufficient funds to provide for the operation and maintenance of the services and facilities provided by the District as described in the Adopted Budget; and

WHEREAS, the provision of such services, facilities, and operations is a benefit to lands within the District; and

WHEREAS, Chapter 190, Florida Statutes, provides that the District may impose special assessments on benefitted lands within the District; and

WHEREAS, it is in the best interests of the District to proceed with the imposition of the special assessments for operations and maintenance in the amount set forth in the Adopted Budget; and

WHEREAS, the District has previously levied an assessment for debt service, which the District desires to collect for Fiscal Year 2021/2022; and

WHEREAS, Chapter 197, Florida Statutes, provides a mechanism pursuant to which such special assessments may be placed on the tax roll and collected by the local tax collector (“Uniform Method”), and the District has previously authorized the use of the Uniform Method by, among other things, entering into agreements with the Property Appraiser and Tax Collector of the County for that purpose; and

WHEREAS, it is in the best interests of the District to adopt the assessment roll (“Assessment Roll”) attached to this Resolution as Exhibit “B,” and to certify the portion of the Assessment Roll related to certain developed property (“Tax Roll Property”) to the County Tax Collector pursuant to the Uniform Method and to directly collect the portion of the Assessment Roll relating to the remaining property (“Direct Collect Property”), all as set forth in Exhibit “B;” and

WHEREAS, it is in the best interests of the District to permit the District Manager to amend the Assessment Roll adopted herein, including that portion certified to the County Tax Collector by this Resolution, as the Property Appraiser updates the property roll for the County, for such time as authorized by Florida law.

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

SECTION 1. BENEFIT & ALLOCATION FINDINGS. The provision of the services, facilities, and operations as described in Exhibit “A” confers a special and peculiar benefit to the lands within the District, which benefit exceeds or equals the cost of the assessments. The allocation of the assessments to the specially benefitted lands is shown in Exhibits “A” and “B,” and is hereby found to be fair and reasonable.

SECTION 2. ASSESSMENT IMPOSITION. Pursuant to Chapters 190 and 197, Florida Statutes, and using the procedures authorized by Florida law for the levy and collection of special assessments, a special assessment for operation and maintenance is hereby imposed and levied on benefitted lands within the District and in accordance with Exhibits “A” and “B.” The lien of the special assessments for operations and maintenance imposed and levied by this Resolution shall be effective upon passage of this Resolution. Moreover, pursuant to Section 197.3632(4), Florida Statutes, the lien amount shall serve as the “maximum rate” authorized by law for operation and maintenance assessments.

SECTION 3.	COLLECTION AND ENFORCEMENT; PENALTIES; INTEREST.

Tax Roll Assessments. The operations and maintenance special assessments and previously levied debt service special assessments imposed on the Tax Roll Property shall be collected at the same time and in the same manner as County taxes in accordance with the Uniform Method, as set forth in Exhibits “A” and “B.”

Direct Bill Assessments. The operations and maintenance special assessments and previously levied debt service special assessments imposed on the Direct Collect Property shall be collected directly by the District in accordance with Florida law, as set forth in Exhibits “A” and “B.” Assessments directly collected by the District are due in full on December 1, 2021; provided, however, that, to the extent permitted by law, the assessments due may be paid in several partial, deferred payments and according to the following schedule: 50% due no later than December 1, 2021, 25% due no later than February 1, 2022 and 25% due no later than May 1, 2022. In the event that an assessment payment is not made in accordance with the schedule stated above, the whole assessment – including any remaining partial, deferred payments for Fiscal Year 2021/2022, shall immediately become due and payable; shall accrue interest, penalties in the amount of one percent (1%) per month, and all costs of collection and enforcement; and shall either be enforced pursuant to a foreclosure action, or, at the District’s sole discretion, collected pursuant to the Uniform Method on a future tax bill, which amount may include penalties, interest, and costs of collection and enforcement. Any prejudgment interest on delinquent assessments shall accrue at the rate of any bonds secured by the assessments, or at the statutory prejudgment interest rate, as applicable. In the event an assessment subject to direct collection by the District shall be delinquent, the District Manager and District Counsel, without further authorization by the Board, may initiate foreclosure proceedings pursuant to Chapter 170, Florida Statutes, or other applicable law to collect and enforce the whole assessment, as set forth herein.

Future Collection Methods. The decision to collect special assessments by any particular method – e.g., on the tax roll or by direct bill – does not mean that such method will be used to collect special assessments in future years, and the District reserves the right in its sole discretion to select collection methods in any given year, regardless of past practices.

SECTION 4. ASSESSMENT ROLL. The Assessment Roll, attached to this Resolution as Exhibit “B,” is hereby certified for collection. That portion of the Assessment Roll which includes the Tax Roll Property is hereby certified to the County Tax Collector and shall be collected by the County Tax Collector in the same manner and time as County taxes. The proceeds therefrom shall be paid to the District.

SECTION 5.    ASSESSMENT ROLL AMENDMENT. The District Manager shall keep apprised of all updates made to the County property roll by the Property Appraiser after the date of this Resolution, and shall amend the Assessment Roll in accordance with any such updates, for such time as authorized by Florida law, to the County property roll. After any amendment of the Assessment Roll, the District Manager shall file the updates in the District records.

SECTION 6. SEVERABILITY. The invalidity or unenforceability of any one or more provisions of this Resolution shall not affect the validity or enforceability of the remaining portions of this Resolution, or any part thereof.

SECTION 7.	EFFECTIVE DATE. This Resolution shall take effect upon the passage and adoption of this Resolution by the Board.

PASSED AND ADOPTED this 9th day of August, 2021.

ATTEST:	SOMERSET COMMUNITY DEVELOPMENT DISTRICT

Secretary / Assistant Secretary

By:	 Its: 	

Exhibit A:	Budget
Exhibit B:	Assessment Roll (Uniform Method) Assessment Roll (Direct Collect)

Exhibit A
Fiscal Year 2021/2022 Budget

Exhibit B
Assessment Roll (Uniform Method) Assessment Roll (Direct Collect)

Assessment roll is maintained in the District’s official records and is available upon request. Certain exempt information may be redacted prior to release in compliance with Chapter 119, Florida Statutes.

Tab 8

AGREEMENT BY AND BETWEEN THE SOMERSET COMMUNITY DEVELOPMENT DISTRICT AND EBSCO GULF COAST DEVELOPMENT, INC., REGARDING THE DIRECT COLLECTION OF SPECIAL ASSESSMENTS FOR FISCAL YEAR 2021-2022

This Agreement is made and entered into as of this         day of	, 2021, by and between:

Somerset Community Development District, a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, and located in Walton County, Florida (hereinafter “District”), and

EBSCO Gulf Coast Development, Inc., a Delaware corporation and the owner of a portion of the property located within the boundaries of the District (hereinafter, the “Property Owner”). For purposes of this agreement, Property Owner’s property is more particularly described in Exhibit “A” attached hereto (the “Property”).

Recitals

WHEREAS, the District was established by an ordinance adopted by Walton County, Florida, for the purpose of planning, financing, constructing, operating and/or maintaining certain infrastructure; 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 Property will benefit from the timely construction and acquisition of the District's facilities, activities and services and from the continued operations of the District; and

WHEREAS, pursuant to section 197.3632, Florida Statutes, the District intends to utilize the uniform method of levying, collecting and enforcing the special assessments against the Property once platted and collect such special assessments on the Walton County tax roll for platted lots; and

WHEREAS, the District and Property Owner desire to arrange for the direct collection of the District’s special assessments prior to platting of the Property; and

WHEREAS, Property Owner desires to provide for the direct payment of special assessments.

NOW, THEREFORE, based upon good and valuable consideration and the mutual covenants of the parties, the receipt of which and sufficiency of which are hereby acknowledged, the parties agree as follows:

Assessment Payment. Property Owner agrees to pay the special assessments necessary to fund the District’s operation and maintenance costs for fiscal year 2021-2022 and its previously levied debt service assessments attributable to the Property, regardless of whether Property Owner owns the Property at the time of such payment. Nothing herein shall prohibit Property Owner from prorating or otherwise collecting these special assessments from subsequent purchasers of the Property. The District shall send a bill to Property Owner on or about September 15, 2021, indicating the exact amount of the special assessment payment for operation and maintenance for fiscal year 2021-2022 and its previously levied debt service. If Property Owner does not pay such invoice in full prior to December 1, 2021, then to the extent permitted by law, Property Owner may pay the assessments in several partial, deferred payments and according to the following schedule: 50% due no later than December 1, 2021, 25% due no later than February 1, 2022, and 25% due no later than May 1, 2022. The District’s decision to collect special assessments by any particular method – e.g., on the tax roll or by direct bill – does not mean that such method will be used to collect special assessments in future years, and the District reserves the right in its sole discretion to select collection methods in any given year, regardless of past practices.

Enforcement. This Agreement shall serve as an alternative method for collection of the special assessments. This Agreement shall not affect the District’s ability to collect and enforce its special assessments by any other method authorized by Florida law. Property Owner acknowledges that the failure to pay the special assessments

may result in the initiation of a foreclosure action, or, at the District’s sole discretion, delinquent assessments may be certified for collection on a future Walton County tax bill. In the event that an assessment payment is not made in accordance with the schedule stated above, the whole assessment – including any remaining partial, deferred payments for Fiscal Year 2021-2022, as well as any future installments of special assessments securing debt service – shall immediately become due and payable; shall accrue interest, penalties in the amount of one percent (1%) per month, and all costs of collection and enforcement; and shall either be enforced pursuant to a foreclosure action, or, at the District’s sole discretion, collected pursuant to the Uniform Method on a future tax bill, which amount may include penalties, interest, and costs of collection and enforcement. Any prejudgment interest on delinquent assessments shall accrue at the applicable rate of any bonds or other debt instruments secured by the special assessments, or, in the case of operations and maintenance assessments, at the applicable statutory prejudgment interest rate. In the event an assessment subject to direct collection by the District shall be delinquent, the District Manager and District Counsel, without further authorization by the Board, may initiate legal proceedings pursuant to Chapter 170, Florida Statutes, or other applicable law to collect and enforce the whole assessment, as set forth herein.

Notice. All notices, payments and other communications hereunder (“Notices”) shall be in writing and shall be delivered, mailed by First Class Mail, postage prepaid, or telecopied to the parties, as follows:

If to Property Owner:	EBSCO Gulf Coast Development, Inc.
Post Office Box 5600	
	Birmingham, Alabama 32461
Attn:  		
If to the District:	Somerset Community Development District 120 Richard Jackson Blvd, Suite 220 Panama City Beach, Florida 32407
Attn: District Manager	
With a copy to:	Hopping Green & Sams, P.A.
119 South Monroe Street, Suite 300
Tallahassee, Florida 32301	
Attn: Tucker F. Mackie

Amendment. This instrument shall constitute the final and complete expression of the agreement between the parties relating to the subject matter of this Agreement. 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 of the parties hereto.

Authority. The execution of this Agreement has been duly authorized by the appropriate body or official of all parties hereto, each party has complied with all the requirements of law, and each party has full power and authority to comply with the terms and provisions of this instrument.

Assignment. This Agreement may not be assigned, in whole or in part, by either party except upon the written consent of the other.  Any purported assignment without such consent shall be void.

Default. A default by either party under this Agreement shall entitle the other to all remedies available at law or in equity, which shall include, but not be limited to, the right of damages, injunctive relief and specific performance and specifically including the ability of the District to enforce any and all payment obligations under this Agreement through the imposition and enforcement of a contractual or other lien on property owned by the Property Owner.

Attorneys’ Fees. 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 costs incurred, including reasonable attorneys' fees and costs for trial, alternative dispute resolution, or appellate proceedings.

Beneficiaries. This Agreement is solely for the benefit of the formal parties herein and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party not a formal party hereto. Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person or corporation other than the parties hereto any right, remedy or claim under or by reason of this Agreement or any provisions or conditions hereof; and all of the provisions, representations, covenants and conditions herein contained shall inure to the sole benefit of and shall be binding upon the parties hereto and their respective representatives, successors and assigns.

Applicable Law. This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of Florida.

Negotiation at Arm’s Length. This Agreement has been negotiated fully between the parties as an arm's length transaction. The parties participated fully in the preparation of this Agreement with the assistance of their respective counsel. In the case of a dispute concerning the interpretation of any provision of this Agreement, the parties are each deemed to have drafted, chosen and selected the language, and the doubtful language will not be interpreted or construed against any party.

Effective Date. The Agreement shall take effect as of October 1, 2021.

In witness whereof, the parties execute this agreement the day and year first written above.

Attest:	SOMERSET COMMUNITY
DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	By:	 Its:  	

EBSCO GULF COAST DEVELOPMENT, INC.,
a Delaware corporation

By: 	

Witness	Name:	 Title:  		
Exhibit A	Description of the Property	

Tab 9

RESOLUTION 2021-06

A RESOLUTION OF THE BOARD OF SUPERVISORS OF SOMERSET COMMUNITY DEVELOPMENT DISTRICT DESIGNATING DATES, TIME AND LOCATION FOR REGULAR MEETINGS OF THE BOARD OF SUPERVISORS OF THE DISTRICT, AND PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, Somerset 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 Walton County, Florida; and

WHEREAS, the District’s Board of Supervisors (hereinafter the “Board”) is statutorily authorized to exercise the powers granted to the District; and

WHEREAS, all meetings of the Board shall be open to the public and governed by the provisions of Chapter 286, Florida Statutes; and

WHEREAS, the Board is statutorily required to file annually, with the local governing authority and the Florida Department of Economic Opportunity, a schedule of its regular meetings.

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

Section 1. Regular meetings of the Board of Supervisors of the District shall be held as provided on the schedule attached as Exhibit “A”.

Section 2. In accordance with Section 189.015(1), Florida Statutes, the District’s Secretary is hereby directed to file annually, with Walton County, a schedule of the District’s regular meetings.

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

PASSED AND ADOPTED THIS 9th DAY OF AUGUST, 2021.

SOMERSET COMMUNITY DEVELOPMENT DISTRICT

CHAIRMAN / VICE CHAIRMAN

ATTEST:

SECRETARY / ASST. SECRETARY

EXHIBIT “A”
BOARD OF SUPERVISORS MEETING DATES SOMERSET COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2020/2021

November 08, 2021
February 14, 2022
May 09, 2022
August 08, 2022

The above referenced meetings will convene at 2:00 p.m. (CDT) at the Alys Beach office located at Building 1 84 Elbow Road, Alys Beach, Florida 32461.