North River Ranch Community Development District
12051 Corporate Blvd., Orlando, FL 32817
Phone: 407-723-5900, Fax: 407-723-5901
www.northriverranchcdd.com

The following is the agenda for the Board of Supervisors Meeting for the North River Ranch Community Development District scheduled to be held Wednesday, April 14, 2021 1:30 p.m. at 8141 Lakewood Main Street, Bradenton, FL 34202. The following is the proposed agenda for this meeting.

Call in number: 1-844-621-3956 Passcode: 790 562 990 #
BOARD OF SUPERVISORS’ MEETING AGENDA

Administrative Matters
Roll Call to Confirm Quorum
Public Comment Period [for any members of the public desiring to speak on any proposition before the Board]

Business Matters

Consideration of the Minutes of the March 10, 2021 Board of Supervisors’ Meeting
Review and Consideration of the Onsight Industries, LLC Proposals
Review and Consideration of the Clearview Land Design, P.L , Amenity Site Design Proposal
Review and Consideration of the Clearview Land Design, P.L, IV-C&IV-D Design/Permitting
Ratification of Funding Requests # 17 -19
Review of District Financial Statements (under separate cover)
Other Business

Staff Reports District Counsel District Engineer District Manager

Supervisor Requests and Audience Comments Adjournment

North River Ranch Community Development District

Consideration of the Minutes of the March 10, 2021 Board of Supervisors’ Meeting

MINUTES OF MEETING

NORTH RIVER RANCH COMMUNITY DEVELOPMENT DISTRICT BOARD OF SUPERVISORS MEETING MINUTES
Wednesday, March 10, 2021 at 1:30 p.m. 8141 Lakewood Main Street, Bradenton, FL 34202

Board Members present via phone or in person:

Pete Williams Ivory Matthews Priscilla Heim John Blakley Dale Weidemiller
Also present via phone or in person: Vivian Carvalho
Venessa Ripoll

(via phone)	
Neal Communities	
Neal Communities	
Neal Communities	(via phone)	
Neal Communities	(via phone)	
Neal Communities	(via phone)	
Neal Communities	(via phone)	
Neal Communities	(via phone)	
Bryant Miller Olive	(via phone)	
MBS Capital Markets, LLC	(via phone)	
MBS Capital Markets, LLC	(via phone)	
Stantec	(via phone)	

Johnathan Johnson Christopher Fisher

John McKay Jim Schier Tom Panaseny Pam Curran
John Leinaweaver Janice Snow Mark Roscoe Misty Taylor
Ed Bulleit Sete Zare Rob Engle

FIRST ORDER OF BUSINESS

Chairperson Vice Chaiperson
Assistant Secretary Assistant Secretary Assistant Secretary

District Manager- PFM Group Consulting LLC Assistant District Manager- PFM Group Consulting LLC	(via phone)
Hopping Green & Sams	(via phone) District Engineer-Clearview Land Design, P.L.

Administrative Matters Call to Order and Roll Call

Ms. Carvalho called to order at 1:45 pm the meeting of the Board of Supervisors of the North River Ranch Community Development District and proceeded with roll call. The persons in attendance are outlined above either in person or via speaker phone.

Public Comment Period

There were no members of the public present at this time.

SECOND ORDER OF BUSINESS	General Business Matters

Consideration of the Minutes of the February 10, 2021 Board of Supervisors’ Meeting

The Board reviewed the Minutes of the February 10, 2021 Board of Supervisors’ Meeting.

On MOTION by Mr. Williams, seconded by Mr. Blakley, with all in favor, the Board approved the Minutes of the February 10, 2021 Board of Supervisors’ Meeting.

Public Hearing on the Approval of Merger with North River Ranch Improvement Stewardship District
Public Comments and Testimony
Board Comments
Consideration of Resolution 2021-09, Approving the Merger Agreement

Ms. Carvalho requested a motion to open the Public Hearing.

On MOTION by Mr. Williams, seconded by Mr. Blakley, with all in favor, the Board opened the Public Hearing

Resolution 2021-09 was prepared by Hopping Green & Sams. Mr. Johnson reviewed the Resolution for the Board. The Resolution reaffirms the District’s intention which was already expressed when they approved the Merger Agreement. There was no public comment.

On MOTION by Mr. Williams, seconded by Ms. Matthews, with all in favor, the Board approved Resolution 2021-09, Approving the Merger Agreement.

Ms. Carvalho requested a motion to close the Public Hearing.

On MOTION by Mr. Williams, seconded by Ms. Matthews, with all in favor, the Board closed the Public Hearing.

Review and Consideration of the Onsight Industries, LLC Proposals

The Board reviewed the Onsight Industries, LLC Proposals for the decorative signage for the contracts for Phases 4A and 4B. Mr. Fisher requested the Board only approve the proposal for 4A. Mr. Roscoe recommended approval of both with the price as marked and if 4B is changed the District will do a Change Order at that time.

On MOTION by Mr. Williams, seconded by Ms. Heim, with all in favor, the Board approved the Onsight Industries, LLC Proposals for the decorative signage for the contracts for Phases 4A. & 4B.

Ratification of the LRK Architects Designs Planners Proposal

Ms. Carvalho explained this agenda item has been approved and signed by the Chair so the Board was requested to ratify the action. The Addendumis included with the proposal.

On MOTION by Mr. Blakley, seconded by Mr. Williams, with all in favor, the Board ratified the LRK Architects Designs Planners Proposal.

Ratification of Funding Requests # 14-16

The Board reviewed Funding Requests #14-16.

On MOTION by Mr. Williams, seconded by Ms. Matthews, with all in favor, the Board ratified Funding Requests #14-16.

Review of District Financial Statements

The Board reviewed the District’s Financial Statements through February 28, 2021.

On MOTION by Mr. Williams, seconded by Mr. Weidemiller, with all in favor, the Board accepted the District Financial Statements.

THIRD ORDER OF BUSINESS	Other Business Staff Reports
District Counsel – Not Present

District Engineer – Mr. Fisher drafted the contract to start construction with RIPA for Phases 4A and the mass grading of Phase 4B. That contract was sent to the Contractor and he is waiting for their signature. Once signed Mr. Fisher will send it to Ms. Carvalho before it is reviewed by the Board. Mr. Fisher requested the E-Verification information is included on the contract.

District Manager – Ms. Carvalho noted for the record that the next scheduled meeting will be on April 14, 2021.

Audience Comments and Supervisor Requests

There were no Supervisor requests or audience comments.

FOURTH ORDER OF BUSINESS	Adjournment

Ms. Carvalho requested if there are no further business to come before the Board for a motion to adjourn the meeting.

ON MOTION by Ms. Matthews, seconded by Mr. Williams, with all in favor, the March 10, 2021 Board of Supervisor’s Meeting for the North River Ranch Community Development District was adjourned at 1:52 p.m.

___________________________	__________________________
Secretary / Assistant Secretary	Chairperson / Vice Chairperson

North River Ranch Community Development District

Review and Consideration of the Onsight Industries, LLC Proposals

ADDENDUM TO AGREEMENT BETWEEN
NORTH RIVER RANCH COMMUNITY DEVELOPMENT DISTRICT AND CONTRACTOR

This Addendum to Agreement Between North River Ranch Community Development District and Contractor,   (the   “Addendum”),   is   made   and   entered   into   as   of   the   14th   day   of APRIL, 2021, by and between the North River Ranch Community Development District, a local unit of special-purpose government     established     pursuant     to     Chapter     190,     Florida     Statutes,     (hereinaf    ter,     "District");
and	 	ONSIGHT	INDUSTRIES	
(hereinafter, the "Contractor").

WITNESSETH

WHEREAS, District and Contractor are parties to that certain contract, proposal and/or agreement, (collectively the “Agreement”), of even date herewith for construction, work, professional and/or related services, (collectively the “Work”), to be performed on lands owned and/or operated and maintained by the District, (the “Agreement”); and,

WHEREAS, Florida law requires specific contractual provisions apply to all Community Development Districts pursuant to Chapter 190, Florida Statutes; and,

WHEREAS, the parties desire for this Addendum to amend, modify, supplement and clarif y the Agreem ent , such that the Agreement shall fully comply with the provisions of this Addendum, Chapter 190, Florida Statutes and other provisions of law pertaining to public bodies.

NOW THEREFORE, in consideration of themutual covenants set forth herein, and other good a nd valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

All payments pursuant to the Agreement, including any dispute regarding any payment or other monies owed to Contractor by District, shall be governed by the “Local Government Prompt Payment Act,” Chapter 218, Florida Statutes.

Contractor shall obtain, and thereafter at all times during the performance of the Work described in the Agreement, maintain a performance bond and a labor and material payment bond, a s applicable, each in f orm a nd substance satisfactory to District.  Such bonds shall comply with Section 255.05, Florida Statutes.

Contractor shall observe and abide by and perform all of its obligations hereunder and all other activities in connection with the Work and project contemplated by the Agreement in accordance with all applicable laws, rules and regulations of all governmental authorities having jurisdiction, including the District’s Resolutions, Rules and Regulations.

To the fullest extent permitted by law, and to the extent claims, damages, losses or expenses a re not covered by insurance maintained by Contractor in accordance with the Agreement, Contractor hereby assumes entire responsibility and liability for any and all damage or injury of any kind or nature whatsoever (including death resulting therefrom) to all persons, whether employees of Contractor or its subcontractors, or otherwise, and to all property (real and personal), caused by, resulting from, arising out of or occurring in any manner whatsoever in connection with the execution of the Work and/or performance of the Agreement. Contractor agrees to indemnify and save harmless District, its officers, Supervisors, agents, servants and employees from and against any and all such claims, losses, costs, expenses, liability, damages and/or injuries, including reasonable legal fees, that District, its officers, Supervisors, agents, servants or employees may directly or indirectly sustain, suffer or incur as a result thereof. Nothing herein shall be construed as or constitute a waiver of District's limitations on liability contained in Section 768.28, Florida Statutes, or other statute or law. The District shall have the right to withhold from any payments due or to become due to Contractor a n a mount sufficient in its judgment to protect and indemnify District, its officers, Supervisors, agents, servants and employees from and against any and all such claims, including legal fees and disbursements, or District in it s discretion, m ay require Contractor to furnish a surety bond satisfactory to District gua ranteeing such protection, which bond shall be furnished by Contractor within five (5) days after written demand has been made therefore.
The Contractor shallprepareand maintain completerecords and comprehensivebooks rela t ing to the Work and/or any other services performedon lands within and/or controlled by the District, (the “ Records”), which Records shallbe maintainedby the Contractor for a periodof atleastfive (5) years after theexpirationof the Agreement ;

and, copies of all Records shallbe timely given to the District uponrequest. The Records shallinclude, butnotbe limited to, documents andother informationpertainingto allcosts associated with the project and Work contemplated by the Agreement. The District, and/or its duly authorized representative, shall have the right to audit such Records at reasonable times uponprior notice to Contractor, and Contractor shallbe required to prepare a ndmaintain all Records on a basis of generally accepted accountingprinciples. If an audit reveals overcharges that exceed the total a mount due Contractor under the Agreement, Contractor willreimburse District for the cost of the audit and pay 2.5 times theamount of the overcharges as liquidateddamages.

The Contractor agrees andunderstands that District is a specialpurposeunit of localgovernment and as such is subject to Chapter 119, Florida Statutes. Contractor agrees andcovenants tofully cooperate with District, to District's fullsatisfaction, in respondingto requests for public records pursuant to Chapter 119, Florida Statutes, as same pertain to the Records, the Workandthe Agreement. Contractor further agrees and understands that the Records, Work and Agreement are pubic records, and Contractor shallfully comply with Florida law, andspecifically the provisions of Chapter 119 Florida Statutes, as it pertains to same.

Contractor covenants, warrants and agrees that allwork products of Contractor, Contractor's employees, suppliers andsubcontractors, includingdrawings, designs, plans, reports, manuals, programs, tapes, electronic data a nd any other material preparedby Contractor or its employees, suppliers and subcontractors under the Agreement, including the Records, shall belong exclusively to, and may be used by, the District, free and clear of all liens and other encumbrances.

In addition to the terms of this Addendum, the Agreementshallbe further subject to the “ Term s and Conditions to CDD Addendum,” attachedhereto as Exhibit “A,” andincorporatedherein.

The parties agreethat the Agreementshallbe controlled and governed by the la ws of the State of Florida, with venue situatein Manatee County, Florida.

The Agreement, Addendum and Terms and Conditions to CDD Addendum constitute the entire agreementbetweentheparties heretowith respect to thematters hereby. All prior negotia tions, representations a nd agreements, whether oralor written, with respecthereto not incorporatedherein are hereby cancelled , terminated and void. The Agreement canbe modifiedor amendedonlyby a writtendocument duly executed onbehalf of both parties hereto.

If any term of the Agreement, Addendum or Terms and Conditions to CDDAddendum is inva lid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, suchterm shall be deemed reformedor deleted, but only to theextentnecessary to comply with such statute, regulation, ordinance, order or rule a nd the remainingprovisions of the Agreement, Addendum and Terms and Conditions to CDDAddendum shallremain in ful force and effect.

The Agreement, Addendum and Terms and Conditions to CDD Addendum shall constitute one complete documentand shallbe referred to collectively as the “Agreement”; provided however, a nd n otwithstanding anythingto the contrary herein, in the event of any conflict between the terms of this Addendum [which specif ically includes by incorporation the Terms and Conditionsto CDDAddendum] and theterms of the Agreement, the terms of this Addendum shall at all times govern, controlandprevail.

IN WITNESS WHEREOF, this Addendum is herebyexecuted as of the date first aboveset forth.

Contractor:	District:

___		North River RanchCommunity Development District

By:	By:	 Name:	Name:	 Title:	Chairperson/Vice Chairperson of the Boardof Supervisors

EXHIBIT “A”

TERMS AND CONDITIONS TO CDD ADDENDUM

SECTION 1. WORK

The Contractor shallcomplete all Work as specified or indicatedin the Agreementin a timely and professional manner; in accordancewith all laws, rules and regulations of any governmentalbodywith jurisdiction thereto; a nd in accordancewith any andallschedules or other time frames for completionof the Work a set forth in the Agreement. TIME IS OF THE ESSENCE FOR COMPLETION OF THE WORK.

SECTION 2. DISTRICT ENGINEER AS REPRESENTATIVE

District Engineer will act as the representativefor the District to reviewandinspect the Work. District Engineer shall at all times haveaccess to review allplans, specifications, permits, approvals andallother matters of and a ssociated with Contractor’s Work and completionthereof.

SECTION 3.	AUDIT

Contractor shallcheck allmaterials andlabor enteringinto the Work andshallkeepsuchfullanddetailed accounts as may be necessary to determine the Costof the Work. District shallhave access to the Work at all reasonable t im es a nd the right to audit all Contractor's books, records, correspondence, instructions, drawings, receipts, vouchers and memoranda, relating to the Work, and Contractor shallpreservesuchrecords for a period of notless tha n f ive (5 ) years after finalpayment.

SECTION 4. PAYMENTS

All payments pursuantto the Agreement, includingany dispute regardinganypaymentor other monies owed to Contractor by District, shallbe governedby the“Local Government Prompt Payment Act,” Chapter 218, Florida Statutes.

Retainage: Ten percent(10%) shallbe retained from eachpayment madeby District to Contractor untilthe Work has been fully completedin accordance with the Agreement andallprovisions rela ted to the Work have been fulfilled, as confirmed in writingby the District’s Representative, andallprovisions relatedto the Agreement have been fulfilled, as confirmed by the District’s Board of Supervisors in writing; provided however, if District Engineer is a partyto the Agreement, then District shallappoint an independent District Representative.

Any provision hereof to the contrarynotwithstanding, District shallnot be obligated to make any paym ent to Contractor hereunder if Contractor has failed to perform its Work and any other obligations hereunder or otherwise is in default under the Agreement, (as amended, supplemented andmodified bythe Addendum and this Terms and Conditions to CDDAddendum).

As a conditionprecedent to each payment under the Agreement, Contractor shall f urnish to District a partial wavier andrelease of lien, in a form satisfactory to the District, from all subcontractors, materialmen a nd other parties furnishing labor, materials, or both in the performance of the Work . The Contractor agrees, and this Agreement is based upon theexpressed condition, that no liens or rights in rem sha ll so lie or a t tach, a nd the Contractor shallindemnify andhold District harmless from anda gainst such liens, claims, rights and a ny a nd all expenses incurredby the Contractor or District in dischargingthem.

As conditions precedent to anyfinalpaymentunder the Agreement, Contractor shall: (i) execute anddeliver a final affidavit, wavier and release of allclaims and liens Contractor may have against the Distric t a nd the la nd a nd improvements upon whichthe Work is located; (ii) furnish written release andwaivers of all rights to claim or file liens properly executed by any and all subcontractors, materialmen, suppliers, laborers, vendors or others furnishingwork, labor, materials, machineryor fixtures in the performance of the Work in a form satisfactory to the District; (iii) furnish anymanufacturers' guarantees or warranties for materials providedor equipment installed in the Work; (iv) havedone and performedallother things required of it pursuant to the Agreement; (v) furnished District with the Certificateof Use or Occupancy, as thecase may be (if applicable); (vi) warrant allworkmanship as outlined in Exhibit A-1, attached; and(vii) deliver to the District a set of “as built” d rawings a nd plans, (if applicable), reflectingallchanges, modifications andadditions thereto whichoccurredduringperformance of the Work. Acceptance of any Workor anypossession takenby District shallnot operate as a waiver of anyprovision

of the Agreement or any right or power therein reserved to District including any right to damages provided therein at lawor in equity.

SECTION 5. INSURANCE

During the entire term of this Agreement andanyextensions thereof, Contractor shall obtain a nd maintain, a t Contractor's expense, the insurances required herein, which insuranceshallbe kept in fullforce andeffect untilacceptance of the Work by District. Before proceeding with any Work, Contractor shall furnish to District and District’s Representative, and any governmentalagencydesignated by District, an origina l certificate of insurance or proof of insurance in a form reasonably acceptable to District.

The District shallbe namedas additionalinsured onallinsurance policies required with the exceptionof worker's compensation and employer’s liability insurance. Allrequired insurance policies, except workers' compens ation a nd employers' liability, shallbe endorsedto be primary andnon-contributory to anyinsurance otherwise carried by Contractor and District with respect to the Work. Such insurance shallnot be modified, permittedto lapse, or canceledwithoutwritten notice to District from such insurance companies, mailedto District, with copies to District’s Representative, via Registered Mailthirty (30) days in advance of suchmodification, expiration, or cancellation. In the event of suchcancellation notice, Contractor, at Contractor's expense, shallobtain replacementinsurancecoverage from other insurance companies prior to the cancellationof the originalinsurance coverage.

Insurance Coverage	Limits	
a) Worker's Compensation	As required by Florida law.	
b) Employers Liability	$1,000,000 per occurrence.	
c) Comprehensive General Liability (Occurrence Form)
Includingbutnotlimited to:
Premises, operations and elevators. Independent Contractors.
Broad form property damage. Personal Injury.
Blanket contractual liability.
Blanket fire and explosionlegalliability. Explosion, collapse andundergroundhazard included.
Products liability.
Completedoperations coverage for 3 years after completionand acceptanceof the Work.	$1,000,000 combined single limit bodily injury and propertydamageper occurrenceand projectspecific
aggregate.	
d) Automobile Liability	$1,000,000 combined single limit bodily injury and
propertydamageper occurrence. If Contractor, or any subcontractor, is a transporter of hazardous materials, such transporter's Automobile Liability policy shallhave
all pollution exclusions deleted.	

If Contractor subcontracts any of the Work, Contractor shallrequire eachsubcontractor to have the insurance coverage required by this Section or such other amountas agreedto by District and Contractor. Contractor shall f urnish District evidence thereof before each subcontractor commences anyof the Work. Contractor's obtainingof the insurance required by this Sectionshallin no manner lessen, diminish or affect Contractor's obligations set forth in any provisio ns of the Agreement. Contractor shallalso carry such additionalinsurance as maybe required byanylaw. All insurance policies required of Contractor andsubcontractors shallcontain a waiver of subrogationclause wherein no insurance company shall have anyright of recovery a gainst District.

All insurance required in this sectionshallbe provided byfinancially responsible insurance carriers authorized or eligible to do business in the state of Florida and ratedby A.M. Best Rating Service as A- or better.

District and Contractor acknowledgethatthe insurance requirements set forth in the Agreementmaybe required to be varied by District's insurance carrier and Contractor agrees to enter into suitable modifications of the provisions hereof upon the request of the District, provided District bears anyadditionalcost occasionedthereby.

SECTION 6. INDEPENDENT CONTRACTOR

The Work shallbe performedby Contractor as an independent contractor at its sole risk, cost andexpense. District shallhavethe right to insist that all the provisions andrequirements of the Agreementare carriedoutby Contractor.

SECTION 7. WAIVER

No consent or waiver, express or implied, by either partyto this Agreement of any breachor default by theother in the performance of anyobligations hereunder shall be deemed or construedto be a consent or waiver to or of a ny other breachor default bysuchpartyhereunder. Unless the Agreement specifies a time period for notice of a particular cla im, failure on the partof anyparty heretoto complain of anyact or failure to act of the other partyor to declare theother party in default hereunder, irrespectiveof howlongsuch failure continues, shallnot constitutewaiver of therights of such part y hereunder. Notwithstandinganythingto the contrary in the Agreement, inspectionor failure of District to perform any inspection hereunder, shallnot release Contractor of any of its obligations hereunder.

SECTION 8. PROTECTION OF WORK

Contractor     shall     protect     and     prevent     damage      to      all      finished      and      unfinished portions of the Work, includingbutnotlimited to the protection thereof from damage bythe elements, theft or vandalism. Restorationof suchdamage shallbe the sole responsibility of Contractor and shallnot be causef or a n increase in amounts owed Contractor pursuantto the Agreement.

If any property uponwhich the Work is completed or accessedin order to complete the Work, to include without limitation streams, waterways, existing trees and wetlands, are damaged to any extent by Contractor or its subcontractor(s), agents and/or assigns, then the Contractor shallrepair and restore theproperty to the condition which exists on the datehereof. Such repair or restorationshallbe the sole responsibility of Contractor a nd shall not be cause for an increase in amounts owed Contractor pursuant to the Agreement.

SECTION 9. COMPLIANCE WITH LAWS

Contractor shallobserveandabide byandperform allof its obligations hereunder a nd all other a ct iv it ies in connectionwith the Workin accordancewith allapplicable laws, rules and regulations of all governmental a uthorities havingjurisdiction, includingthe District.

SECTION 10. PERMITS AND LICENSES

Contractor shallpayalltaxes, includingsales taxes, unless otherwise statedherein. Contractor shallobtain and pay for allconstructionpermits andlicenses, andallcontributions imposedor required byanylawfor anyemployment insurance, pensions, age-related retirementfunds, or similar purposes.

Contractor accepts liability for all taxes and contributions required of it andits subcontractors by the Federal Social Security Act andthe unemployment compensation lawor anysimilar lawof anystate.

SECTION 11. TERMINATION
District mayimmediately terminatethe Agreementin the event of the happeningof any of thef ollowing or a ny other comparable event: (a) insolvencyof the Contractor, (b) filing of a voluntary petition in bankruptcy a gainst Contractor, (c) filing of any involuntarypetition in bankruptcyagainst Contractor, (d) appointmentof a receiver or trustee for Contractor, (e) execution of an assignment, (f) failure of Contractor to commence the Work in accordancewith the provisions of this Agreement, (g) failure of Contractor to prosecutethe Workto completion thereof in a diligent, efficient, workmanlike, skillfulandcarefulmanner andin accordance with provisions of this Agreement, (h) failure of Contractor to use anadequateamount or qualityof personnelor equipmentto com plete the Work withoutdelay, (i) failure of Contractor to perform any of its obligations under this Agreem ent, or if Contractor otherwise repudiates or breaches anyof theterms of this Agreement, including Contractor's warranties.
District shall have the right to terminate this Agreement for any reason whatsoever at any time by giving Contractor thirty (30) days writtennotice thereof. Upon receipt of suchnotice, Contractor im m ediately shall

terminate performance of the Work and make every reasonable effort to mitigate its losses and damages hereunder; provided, however, in connectionwith such termination, Contractor shallperform suchacts as may be necessary to preserve andprotect that partof the Work theretofore performedhereunder. Uponsuchtermination, District shallpay to Contractor a sum of moneyequalto the cost of all Work properly performe d (a ccepted a nd approved by District and District’s Representatives) hereunder by Contractor for which payments have not theretofore been made hereunder, and District shall assume the obligations of Contractor under all its subcontracts and purchaseorders coveringthe unperformed parts of the Work. In the event of such termination, the Contractor shallnot be entitled to anticipatedprofits on any Worknotyet performed; and the Agreement shall become terminated and of no further force nor effect; providedhowever, and notwithstanding a nything to the contrary, allwarranties of Contractor for Work completedprior to the termination of the Agreementshallcontinue in fullforce andeffect andshallsurvive terminationof the Agreement.

SECTION 12. ATTORNEY'S FEE'S

In the event of any action or proceeding between Contractor and District to enforce any provision of this Agreement, thelosingparty shallpay to the prevailingpartyallcosts andexpenses, includingwithout limitation, reasonable attorneys' fees and expenses, incurred in such actionor proceedingand in any appealin connection by such prevailing party. This Sectionis intended tobe severable from theother provisions of this Agreement, andthe prevailingp arty's rights under this Sectionshallnot merge into anyjudgment and anyjudgmentshallsurvive untilallsuch fees andcosts have been paid.

SECTION 13. SPECIAL CONDITIONS

Contractor is to provide weeklyprogress reports deliveredto the District’s Representative by 3:00 pm, Friday f or the current weekof Work.

Contractor shallcoordinateallinspections required by governmentalagencies and the District’s Representative. All constructionmethods, materials, and testingshallcomply with Manatee County, Florida, standards.

The Contractor acknowledges that the District is exemptfrom the Florida Sales and Use Tax (the "Sales Ta x"). Accordingly, to minimize thecost of the Workto the District, the Contractor agrees to cooperate with the District and to allowthe District, at its option, to purchase materials in its name in order to avoid the Sales Taxthat would otherwise be due onsuchpurchases. Allsavings realizedby the District as a result of such directpurchases shall inure to the benefit of the District only.

EXHIBIT A-1

CONTRACTOR (OR SUBCONTRACTOR) WARRANTY-GUARANTEE

For purposes of this Exhibit A-1, when this form is used to provide subcontractor's warranty-guarantee, the term "Contractor" shallapplyto the subcontractor.

WARRANTY GUARANTEE

("Contractor" or "Subcontractor")	does herebywarrant and guaranteethe Workin it s entirety as definedin the Agreement dated _		shallbe free and clear from def ects for a period of one (1) year from thedate of inspectionandacceptanceby the District or the District’s Representative, (the "Guarantee Period").

Contractor agrees torepair or replaceto the satisfaction of the District’s Representative anyor all Work that may prove defective in workmanship or materials within the Guarantee Period.

If Contractor fails to comply with the above-mentioned conditions within a reasonable time after beingnotified, Contractor hereby authorizes the District to proceedto have defects repairedandmade good at Contractor's sole cost and expense, and Contractor shallpaythe costs andcharges therefore immediately upondemandto the District.

The warranty-guarantee rights affordedthe District herein shallbe in additionto allother rights affordedthe District atla w and equity, and shallin no way restrict, limit or impair thoseadditionalrights of the District.

CONTRACTOR (OR SUBCONTRACTOR):

(Name)
By:		 Title:		 Date:	, 20 	

PROPOSAL 294522
NORTH RIVER RANCH CDD
Submitted to

CONTACT	MARK ROSCOE	
ADDRESS	C/O PFM GROUP CONSULTING, LLC	

PHONE	
FAX	
EMAIL	mroscoe@nealland.com	

 	
	
ESTIMATE #	006-21-294522	
	DATE	3/26/2021	
	WRITTEN BY	LISA JIMENEZ	
	REFERENCE		
		                   ** DEPOSIT REQUIRED **		

Project Detail - Page 1
LOCATION   NORTH RIVER RANCH	DISTANCE	COORDINATES PROJECT NAME PHASE 4A STREET SIGNS	

    1 	STREET SIGNAGE, CUSTOM	$1,411.10	13	$18,344.30	
    2 	STREET SIGNAGE, CUSTOM	$794.10	13	$10,323.30	
    3 	STREET SIGNAGE, CUSTOM	$906.10	1	$906.10	
    4 	STREET SIGNAGE, CUSTOM	$1,214.20	1	$1,214.20	
    5 	STREET SIGNAGE, CUSTOM	$799.90	14	$11,198.60	
    6 	STREET SIGNAGE, CUSTOM	$1,153.15	2	$2,306.30	
    7 	STREET SIGNAGE, CUSTOM	$943.90	2	$1,887.80	
    8 	STREET SIGNAGE, CUSTOM	$978.30	2	$1,956.60	
    9 	STREET SIGNAGE, CUSTOM	$835.15	1	$835.15	
   10 	STREET SIGNAGE, CUSTOM	$963.85	1	$963.85	
   11 	STREET SIGNAGE, CUSTOM	$963.85	1	$963.85	
   12 	SIGNAGE / DISPLAY, ORACAL VINYL, MEDIA ONLY, STICKER, 3MIL LAM, 16'' MAX	$0.00	83	$0.00	
   13 	LABOR / INSTALLATION, INSTALL - TAMPA, LOCAL 15-30	$4,675.00	1	$4,675.00	

Items	PRICE EACH	QTY	TOTAL

(1-13) DUAL STREET BLADES

STOP SIGNS

STOP SIGN

STOP SIGN/RIGHT TURN ONLY COMBO

SPEED LIMIT 25 MPH SIGN

SPEED LIMIT 25 MPH/NO PARKING/PLAQUE COMBO

DIVIDED MEDIAN/OBJECT MARKER COMBO

PEDESTRIAN CROSSING/ARROW COMBO

HANDICAP PARKING/RIDER COMBO

LEFT ARROW DIRECTIONAL/15 MPH COMBO

RIGHT ARROW DIRECTIONAL/15 MPH COMBO

DOT WARNING DECALS

QUOTED INSTALLATION

Approval

PRE-TAX TOTAL   $55,575.05
EST TAX (.07)	$3,890.25

TOTAL	$59,465.30

TERMS & CONDITIONS	- All work will be completed in a workmanlike manner according to standard practice. All agreements are contingent upon delays and material cost increases beyond our control.
Pricing in this proposal is subject to acceptance within 14 days and is void thereafter.
Depending upon the agreed credit terms, a deposit may be required before work is to commence.
If a deposit is to be paid by credit card, you authorize OnSight Industries, LLC to charge 50% of the total project cost upfront and the balance of the project immediately upon completion.
Any labor and installation pricing is approximate and subject to change based upon actual time incurred.
Delivery/installation postponement will result in the client being progress billed for completed product. At this time, title for the product will transfer to the client. Product will be warehoused until the client is ready for installation, at which time applicable installation labor will be invoiced upon completion.
Sales tax is estimated and subject to change based upon the actual rate at time of invoicing.
Unless otherwise noted, client assumes all responsibility for permitting and utility locator services as necessary.
Customer is responsible for variations from customer supplied architectural drawings & hardscapes.
Signature on this proposal constitutes approval from the client on supplied artwork/graphics.
Invoices are due upon receipt. Any unpaid invoices are subject to late fees equal to 1.5% of the balance due per month (18% per year) , collection fees and/or court costs.	
ONSIGHT INDUSTRIES, LLC.

RON SILVEIRA	3/29/2021
  
SIGNATURE	NAME	DATE	
PROPOSAL ACCEPTANCE THE ABOVE PRICES, SPECIFICATIONS AND CONDITIONS ARE HEREBY ACCEPTED. ONSIGHT INDUSTRIES, LLC IS AUTHORIZED TO PROCEED WITH THE PROJECT AS STATED. PAYMENT WILL BE MADE AS OUTLINED ABOVE.	

  
SIGNATURE	NAME	DATE	
900 CENTRAL PARK DR., SANFORD, FL 32771-6634
P: 407.830.8861 • F: 407.830.5569

PROPOSAL 294525
NORTH RIVER RANCH CDD
Submitted to

CONTACT	MARK ROSCOE	
ADDRESS	C/O PFM GROUP CONSULTING, LLC	

PHONE	
FAX	
EMAIL	mroscoe@nealland.com	

 	
	
ESTIMATE #	006-21-294525	
	DATE	3/26/2021	
	WRITTEN BY	LISA JIMENEZ	
	REFERENCE		
		                   ** DEPOSIT REQUIRED **		

Project Detail - Page 1
LOCATION   NORTH RIVER RANCH	DISTANCE	COORDINATES PROJECT NAME PHASE 4B STREET SIGNS	

    1 	STREET SIGNAGE, CUSTOM	$1,441.10	8	$11,528.80	
    2 	STREET SIGNAGE, CUSTOM	$794.10	8	$6,352.80	
    3 	STREET SIGNAGE, CUSTOM	$799.90	6	$4,799.40	
    4 	STREET SIGNAGE, CUSTOM	$978.30	8	$7,826.40	
    5 	STREET SIGNAGE, CUSTOM	$835.15	1	$835.15	
    6 	STREET SIGNAGE, CUSTOM	$963.85	1	$963.85	
    7 	STREET SIGNAGE, CUSTOM	$963.85	1	$963.85	
    8 	STREET SIGNAGE, CUSTOM	$199.90	1	$199.90	
    9 	SIGNAGE / DISPLAY, ORACAL VINYL, MEDIA ONLY, STICKER, 3MIL LAM, 16'' MAX	$0.00	26	$0.00	
   10 	LABOR / INSTALLATION, INSTALL - TAMPA, LOCAL 15-30	$3,100.00	1	$3,100.00	

Items	PRICE EACH	QTY	TOTAL

(1-8) DUAL STREET BLADES

(A) STOP SIGNS

(D) SPEED LIMIT 25 MPH SIGN

PEDESTRIAN CROSSING/ARROW COMBO

HANDICAP PARKING/RIDER COMBO

LEFT ARROW DIRECTIONAL/15 MPH COMBO

RIGHT ARROW DIRECTIONAL/15 MPH COMBO

TEMPORARY DEAD END SIGN

DOT WARNING DECALS

QUOTED INSTALLATION

Approval

PRE-TAX TOTAL   $36,570.15
EST TAX (.07)	$2,559.91

TOTAL	$39,130.06

TERMS & CONDITIONS	- All work will be completed in a workmanlike manner according to standard practice. All agreements are contingent upon delays and material cost increases beyond our control.
Pricing in this proposal is subject to acceptance within 14 days and is void thereafter.
Depending upon the agreed credit terms, a deposit may be required before work is to commence.
If a deposit is to be paid by credit card, you authorize OnSight Industries, LLC to charge 50% of the total project cost upfront and the balance of the project immediately upon completion.
Any labor and installation pricing is approximate and subject to change based upon actual time incurred.
Delivery/installation postponement will result in the client being progress billed for completed product. At this time, title for the product will transfer to the client. Product will be warehoused until the client is ready for installation, at which time applicable installation labor will be invoiced upon completion.
Sales tax is estimated and subject to change based upon the actual rate at time of invoicing.
Unless otherwise noted, client assumes all responsibility for permitting and utility locator services as necessary.
Customer is responsible for variations from customer supplied architectural drawings & hardscapes.
Signature on this proposal constitutes approval from the client on supplied artwork/graphics.
Invoices are due upon receipt. Any unpaid invoices are subject to late fees equal to 1.5% of the balance due per month (18% per year) , collection fees and/or court costs.	
ONSIGHT INDUSTRIES, LLC.

RON SILVEIRA	3/29/2021
  
SIGNATURE	NAME	DATE	
PROPOSAL ACCEPTANCE THE ABOVE PRICES, SPECIFICATIONS AND CONDITIONS ARE HEREBY ACCEPTED. ONSIGHT INDUSTRIES, LLC IS AUTHORIZED TO PROCEED WITH THE PROJECT AS STATED. PAYMENT WILL BE MADE AS OUTLINED ABOVE.

  
SIGNATURE	NAME	DATE	

P: 407.830.8861 • F: 407.830.5569

PROPOSAL 294525
NORTH RIVER RANCH CDD
Submitted to

CONTACT	MARK ROSCOE	
ADDRESS	C/O PFM GROUP CONSULTING, LLC	

PHONE	
FAX	
EMAIL	mroscoe@nealland.com	

 	
	
ESTIMATE #	006-21-294525	
	DATE	3/26/2021	
	WRITTEN BY	LISA JIMENEZ	
	REFERENCE		
		                   ** DEPOSIT REQUIRED **		

Project Detail - Page 1
LOCATION   NORTH RIVER RANCH	DISTANCE	COORDINATES PROJECT NAME PHASE 4B STREET SIGNS	

    1 	STREET SIGNAGE, CUSTOM	$1,441.10	8	$11,528.80	
    2 	STREET SIGNAGE, CUSTOM	$794.10	8	$6,352.80	
    3 	STREET SIGNAGE, CUSTOM	$799.90	6	$4,799.40	
    4 	STREET SIGNAGE, CUSTOM	$978.30	8	$7,826.40	
    5 	STREET SIGNAGE, CUSTOM	$835.15	1	$835.15	
    6 	STREET SIGNAGE, CUSTOM	$963.85	1	$963.85	
    7 	STREET SIGNAGE, CUSTOM	$963.85	1	$963.85	
    8 	STREET SIGNAGE, CUSTOM	$199.90	1	$199.90	
    9 	SIGNAGE / DISPLAY, ORACAL VINYL, MEDIA ONLY, STICKER, 3MIL LAM, 16'' MAX	$0.00	26	$0.00	
   10 	LABOR / INSTALLATION, INSTALL - TAMPA, LOCAL 15-30	$3,100.00	1	$3,100.00	

Items	PRICE EACH	QTY	TOTAL

(1-8) DUAL STREET BLADES

(A) STOP SIGNS

(D) SPEED LIMIT 25 MPH SIGN

PEDESTRIAN CROSSING/ARROW COMBO

HANDICAP PARKING/RIDER COMBO

LEFT ARROW DIRECTIONAL/15 MPH COMBO

RIGHT ARROW DIRECTIONAL/15 MPH COMBO

TEMPORARY DEAD END SIGN

DOT WARNING DECALS

QUOTED INSTALLATION

Approval

PRE-TAX TOTAL   $36,570.15
EST TAX (.07)	$2,559.91

TOTAL	$39,130.06

TERMS & CONDITIONS	- All work will be completed in a workmanlike manner according to standard practice. All agreements are contingent upon delays and material cost increases beyond our control.
Pricing in this proposal is subject to acceptance within 14 days and is void thereafter.
Depending upon the agreed credit terms, a deposit may be required before work is to commence.
If a deposit is to be paid by credit card, you authorize OnSight Industries, LLC to charge 50% of the total project cost upfront and the balance of the project immediately upon completion.
Any labor and installation pricing is approximate and subject to change based upon actual time incurred.
Delivery/installation postponement will result in the client being progress billed for completed product. At this time, title for the product will transfer to the client. Product will be warehoused until the client is ready for installation, at which time applicable installation labor will be invoiced upon completion.
Sales tax is estimated and subject to change based upon the actual rate at time of invoicing.
Unless otherwise noted, client assumes all responsibility for permitting and utility locator services as necessary.
Customer is responsible for variations from customer supplied architectural drawings & hardscapes.
Signature on this proposal constitutes approval from the client on supplied artwork/graphics.
Invoices are due upon receipt. Any unpaid invoices are subject to late fees equal to 1.5% of the balance due per month (18% per year) , collection fees and/or court costs.	
ONSIGHT INDUSTRIES, LLC.

RON SILVEIRA	3/29/2021
  
SIGNATURE	NAME	DATE	
PROPOSAL ACCEPTANCE THE ABOVE PRICES, SPECIFICATIONS AND CONDITIONS ARE HEREBY ACCEPTED. ONSIGHT INDUSTRIES, LLC IS AUTHORIZED TO PROCEED WITH THE PROJECT AS STATED. PAYMENT WILL BE MADE AS OUTLINED ABOVE.

  
SIGNATURE	NAME	DATE	

P: 407.830.8861 • F: 407.830.5569

North River Ranch Community Development District

Review and Consideration of the Clearview Land Design, P.L, Amenity Site Design Proposal

ADDENDUM TO AGREEMENT BETWEEN
NORTH RIVER RANCH COMMUNITY DEVELOPMENT DISTRICT AND CONTRACTOR

This Addendum to Agreement Between North River Ranch Community Development District and Contractor,   (the   “Addendum”),   is   made   and   entered   into   as   of   the   14th   day   of APRIL, 2021, by and between the North River Ranch Community Development District, a local unit of special-purpose government    established    pursuant    to     Chapter     190,     Florida     Statutes,     (hereinaf     ter,     "District"); and	CLEARVIEW LAND DESIGN, PL.	(hereinafter, the "Contractor").

WITNESSETH

WHEREAS, District and Contractor are parties to that certain contract, proposal and/or agreement, (collectively the “Agreement”), of even date herewith for construction, work, professional and/or related services, (collectively the “Work”), to be performed on lands owned and/or operated and maintained by the District, (the “Agreement”); and,

WHEREAS, Florida law requires specific contractual provisions apply to all Community Development Districts pursuant to Chapter 190, Florida Statutes; and,

WHEREAS, the parties desire for this Addendum to amend, modify, supplement and clarif y the Agreem ent , such that the Agreement shall fully comply with the provisions of this Addendum, Chapter 190, Florida Statutes and other provisions of law pertaining to public bodies.

NOW THEREFORE, in consideration of themutual covenants set forth herein, and other good a nd valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

All payments pursuant to the Agreement, including any dispute regarding any payment or other monies owed to Contractor by District, shall be governed by the “Local Government Prompt Payment Act,” Chapter 218, Florida Statutes.

Contractor shall obtain, and thereafter at all times during the performance of the Work described in the Agreement, maintain a performance bond and a labor and material payment bond, a s applicable, each in f orm a nd substance satisfactory to District.  Such bonds shall comply with Section 255.05, Florida Statutes.

Contractor shall observe and abide by and perform all of its obligations hereunder and all other activities in connection with the Work and project contemplated by the Agreement in accordance with all applicable laws, rules and regulations of all governmental authorities having jurisdiction, including the District’s Resolutions, Rules and Regulations.

To the fullest extent permitted by law, and to the extent claims, damages, losses or expenses a re not covered by insurance maintained by Contractor in accordance with the Agreement, Contractor hereby assumes entire responsibility and liability for any and all damage or injury of any kind or nature whatsoever (including death resulting therefrom) to all persons, whether employees of Contractor or its subcontractors, or otherwise, and to all property (real and personal), caused by, resulting from, arising out of or occurring in any manner whatsoever in connection with the execution of the Work and/or performance of the Agreement. Contractor agrees to indemnify and save harmless District, its officers, Supervisors, agents, servants and employees from and against any and all such claims, losses, costs, expenses, liability, damages and/or injuries, including reasonable legal fees, that District, its officers, Supervisors, agents, servants or employees may directly or indirectly sustain, suffer or incur as a result thereof. Nothing herein shall be construed as or constitute a waiver of District's limitations on liability contained in Section 768.28, Florida Statutes, or other statute or law. The District shall have the right to withhold from any payments due or to become due to Contractor a n a mount sufficient in its judgment to protect and indemnify District, its officers, Supervisors, agents, servants and employees from and against any and all such claims, including legal fees and disbursements, or District in it s discretion, m ay require Contractor to furnish a surety bond satisfactory to District gua ranteeing such protection, which bond shall be furnished by Contractor within five (5) days after written demand has been made therefore.
The Contractor shallprepareand maintain completerecords and comprehensivebooks rela t ing to the Work and/or any other services performedon lands within and/or controlled by the District, (the “ Records”), which Records shallbe maintainedby the Contractor for a periodof atleastfive (5) years after theexpirationof the Agreement ;

and, copies of all Records shallbe timely given to the District uponrequest. The Records shallinclude, butnotbe limited to, documents andother informationpertainingto allcosts associated with the project and Work contemplated by the Agreement. The District, and/or its duly authorized representative, shall have the right to audit such Records at reasonable times uponprior notice to Contractor, and Contractor shallbe required to prepare a ndmaintain all Records on a basis of generally accepted accountingprinciples. If an audit reveals overcharges that exceed the total a mount due Contractor under the Agreement, Contractor willreimburse District for the cost of the audit and pay 2.5 times theamount of the overcharges as liquidateddamages.

The Contractor agrees andunderstands that District is a specialpurposeunit of localgovernment and as such is subject to Chapter 119, Florida Statutes. Contractor agrees andcovenants tofully cooperate with District, to District's fullsatisfaction, in respondingto requests for public records pursuant to Chapter 119, Florida Statutes, as same pertain to the Records, the Workandthe Agreement. Contractor further agrees and understands that the Records, Work and Agreement are pubic records, and Contractor shallfully comply with Florida law, andspecifically the provisions of Chapter 119 Florida Statutes, as it pertains to same.

Contractor covenants, warrants and agrees that allwork products of Contractor, Contractor's employees, suppliers andsubcontractors, includingdrawings, designs, plans, reports, manuals, programs, tapes, electronic data a nd any other material preparedby Contractor or its employees, suppliers and subcontractors under the Agreement, including the Records, shall belong exclusively to, and may be used by, the District, free and clear of all liens and other encumbrances.

In addition to the terms of this Addendum, the Agreementshallbe further subject to the “ Term s and Conditions to CDD Addendum,” attachedhereto as Exhibit “A,” andincorporatedherein.

The parties agreethat the Agreementshallbe controlled and governed by the la ws of the State of Florida, with venue situatein Manatee County, Florida.

The Agreement, Addendum and Terms and Conditions to CDD Addendum constitute the entire agreementbetweentheparties heretowith respect to thematters hereby. All prior negotia tions, representations a nd agreements, whether oralor written, with respecthereto not incorporatedherein are hereby cancelled , terminated and void. The Agreement canbe modifiedor amendedonlyby a writtendocument duly executed onbehalf of both parties hereto.

If any term of the Agreement, Addendum or Terms and Conditions to CDDAddendum is inva lid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, suchterm shall be deemed reformedor deleted, but only to theextentnecessary to comply with such statute, regulation, ordinance, order or rule a nd the remainingprovisions of the Agreement, Addendum and Terms and Conditions to CDDAddendum shallremain in ful force and effect.

The Agreement, Addendum and Terms and Conditions to CDD Addendum shall constitute one complete documentand shallbe referred to collectively as the “Agreement”; provided however, a nd n otwithstanding anythingto the contrary herein, in the event of any conflict between the terms of this Addendum [which specif ically includes by incorporation the Terms and Conditionsto CDDAddendum] and theterms of the Agreement, the terms of this Addendum shall at all times govern, controlandprevail.

IN WITNESS WHEREOF, this Addendum is herebyexecuted as of the date first aboveset forth.

Contractor:	District:

___		North River RanchCommunity Development District

By:	By:	 Name:	Name:	 Title:	Chairperson/Vice Chairperson of the Boardof Supervisors

EXHIBIT “A”

TERMS AND CONDITIONS TO CDD ADDENDUM

SECTION 1. WORK

The Contractor shallcomplete all Work as specified or indicatedin the Agreementin a timely and professional manner; in accordancewith all laws, rules and regulations of any governmentalbodywith jurisdiction thereto; a nd in accordancewith any andallschedules or other time frames for completionof the Work a set forth in the Agreement. TIME IS OF THE ESSENCE FOR COMPLETION OF THE WORK.

SECTION 2. DISTRICT ENGINEER AS REPRESENTATIVE

District Engineer will act as the representativefor the District to reviewandinspect the Work. District Engineer shall at all times haveaccess to review allplans, specifications, permits, approvals andallother matters of and a ssociated with Contractor’s Work and completionthereof.

SECTION 3.	AUDIT

Contractor shallcheck allmaterials andlabor enteringinto the Work andshallkeepsuchfullanddetailed accounts as may be necessary to determine the Costof the Work. District shallhave access to the Work at all reasonable t im es a nd the right to audit all Contractor's books, records, correspondence, instructions, drawings, receipts, vouchers and memoranda, relating to the Work, and Contractor shallpreservesuchrecords for a period of notless tha n f ive (5 ) years after finalpayment.

SECTION 4. PAYMENTS

All payments pursuantto the Agreement, includingany dispute regardinganypaymentor other monies owed to Contractor by District, shallbe governedby the“Local Government Prompt Payment Act,” Chapter 218, Florida Statutes.

Retainage: Ten percent(10%) shallbe retained from eachpayment madeby District to Contractor untilthe Work has been fully completedin accordance with the Agreement andallprovisions rela ted to the Work have been fulfilled, as confirmed in writingby the District’s Representative, andallprovisions relatedto the Agreement have been fulfilled, as confirmed by the District’s Board of Supervisors in writing; provided however, if District Engineer is a partyto the Agreement, then District shallappoint an independent District Representative.

Any provision hereof to the contrarynotwithstanding, District shallnot be obligated to make any paym ent to Contractor hereunder if Contractor has failed to perform its Work and any other obligations hereunder or otherwise is in default under the Agreement, (as amended, supplemented andmodified bythe Addendum and this Terms and Conditions to CDDAddendum).

As a conditionprecedent to each payment under the Agreement, Contractor shall f urnish to District a partial wavier andrelease of lien, in a form satisfactory to the District, from all subcontractors, materialmen a nd other parties furnishing labor, materials, or both in the performance of the Work . The Contractor agrees, and this Agreement is based upon theexpressed condition, that no liens or rights in rem sha ll so lie or a t tach, a nd the Contractor shallindemnify andhold District harmless from anda gainst such liens, claims, rights and a ny a nd all expenses incurredby the Contractor or District in dischargingthem.

As conditions precedent to anyfinalpaymentunder the Agreement, Contractor shall: (i) execute anddeliver a final affidavit, wavier and release of allclaims and liens Contractor may have against the Distric t a nd the la nd a nd improvements upon whichthe Work is located; (ii) furnish written release andwaivers of all rights to claim or file liens properly executed by any and all subcontractors, materialmen, suppliers, laborers, vendors or others furnishingwork, labor, materials, machineryor fixtures in the performance of the Work in a form satisfactory to the District; (iii) furnish anymanufacturers' guarantees or warranties for materials providedor equipment installed in the Work; (iv) havedone and performedallother things required of it pursuant to the Agreement; (v) furnished District with the Certificateof Use or Occupancy, as thecase may be (if applicable); (vi) warrant allworkmanship as outlined in Exhibit A-1, attached; and(vii) deliver to the District a set of “as built” d rawings a nd plans, (if applicable), reflectingallchanges, modifications andadditions thereto whichoccurredduringperformance of the Work. Acceptance of any Workor anypossession takenby District shallnot operate as a waiver of anyprovision

of the Agreement or any right or power therein reserved to District including any right to damages provided therein at lawor in equity.

SECTION 5. INSURANCE

During the entire term of this Agreement andanyextensions thereof, Contractor shall obtain a nd maintain, a t Contractor's expense, the insurances required herein, which insuranceshallbe kept in fullforce andeffect untilacceptance of the Work by District. Before proceeding with any Work, Contractor shall furnish to District and District’s Representative, and any governmentalagencydesignated by District, an origina l certificate of insurance or proof of insurance in a form reasonably acceptable to District.

The District shallbe namedas additionalinsured onallinsurance policies required with the exceptionof worker's compensation and employer’s liability insurance. Allrequired insurance policies, except workers' compens ation a nd employers' liability, shallbe endorsedto be primary andnon-contributory to anyinsurance otherwise carried by Contractor and District with respect to the Work. Such insurance shallnot be modified, permittedto lapse, or canceledwithoutwritten notice to District from such insurance companies, mailedto District, with copies to District’s Representative, via Registered Mailthirty (30) days in advance of suchmodification, expiration, or cancellation. In the event of suchcancellation notice, Contractor, at Contractor's expense, shallobtain replacementinsurancecoverage from other insurance companies prior to the cancellationof the originalinsurance coverage.

Insurance Coverage	Limits	
a) Worker's Compensation	As required by Florida law.	
b) Employers Liability	$1,000,000 per occurrence.	
c) Comprehensive General Liability (Occurrence Form)
Includingbutnotlimited to:
Premises, operations and elevators. Independent Contractors.
Broad form property damage. Personal Injury.
Blanket contractual liability.
Blanket fire and explosionlegalliability. Explosion, collapse andundergroundhazard included.
Products liability.
Completedoperations coverage for 3 years after completionand acceptanceof the Work.	$1,000,000 combined single limit bodily injury and propertydamageper occurrenceand projectspecific
aggregate.	
d) Automobile Liability	$1,000,000 combined single limit bodily injury and
propertydamageper occurrence. If Contractor, or any subcontractor, is a transporter of hazardous materials, such transporter's Automobile Liability policy shallhave
all pollution exclusions deleted.	

If Contractor subcontracts any of the Work, Contractor shallrequire eachsubcontractor to have the insurance coverage required by this Section or such other amountas agreedto by District and Contractor. Contractor shall f urnish District evidence thereof before each subcontractor commences anyof the Work. Contractor's obtainingof the insurance required by this Sectionshallin no manner lessen, diminish or affect Contractor's obligations set forth in any provisio ns of the Agreement. Contractor shallalso carry such additionalinsurance as maybe required byanylaw. All insurance policies required of Contractor andsubcontractors shallcontain a waiver of subrogationclause wherein no insurance company shall have anyright of recovery a gainst District.

All insurance required in this sectionshallbe provided byfinancially responsible insurance carriers authorized or eligible to do business in the state of Florida and ratedby A.M. Best Rating Service as A- or better.

District and Contractor acknowledgethatthe insurance requirements set forth in the Agreementmaybe required to be varied by District's insurance carrier and Contractor agrees to enter into suitable modifications of the provisions hereof upon the request of the District, provided District bears anyadditionalcost occasionedthereby.

SECTION 6. INDEPENDENT CONTRACTOR

The Work shallbe performedby Contractor as an independent contractor at its sole risk, cost andexpense. District shallhavethe right to insist that all the provisions andrequirements of the Agreementare carriedoutby Contractor.

SECTION 7. WAIVER

No consent or waiver, express or implied, by either partyto this Agreement of any breachor default by theother in the performance of anyobligations hereunder shall be deemed or construedto be a consent or waiver to or of a ny other breachor default bysuchpartyhereunder. Unless the Agreement specifies a time period for notice of a particular cla im, failure on the partof anyparty heretoto complain of anyact or failure to act of the other partyor to declare theother party in default hereunder, irrespectiveof howlongsuch failure continues, shallnot constitutewaiver of therights of such part y hereunder. Notwithstandinganythingto the contrary in the Agreement, inspectionor failure of District to perform any inspection hereunder, shallnot release Contractor of any of its obligations hereunder.

SECTION 8. PROTECTION OF WORK

Contractor     shall     protect     and     prevent     damage      to      all      finished      and      unfinished portions of the Work, includingbutnotlimited to the protection thereof from damage bythe elements, theft or vandalism. Restorationof suchdamage shallbe the sole responsibility of Contractor and shallnot be causef or a n increase in amounts owed Contractor pursuantto the Agreement.

If any property uponwhich the Work is completed or accessedin order to complete the Work, to include without limitation streams, waterways, existing trees and wetlands, are damaged to any extent by Contractor or its subcontractor(s), agents and/or assigns, then the Contractor shallrepair and restore theproperty to the condition which exists on the datehereof. Such repair or restorationshallbe the sole responsibility of Contractor a nd shall not be cause for an increase in amounts owed Contractor pursuant to the Agreement.

SECTION 9. COMPLIANCE WITH LAWS

Contractor shallobserveandabide byandperform allof its obligations hereunder a nd all other a ct iv it ies in connectionwith the Workin accordancewith allapplicable laws, rules and regulations of all governmental a uthorities havingjurisdiction, includingthe District.

SECTION 10. PERMITS AND LICENSES

Contractor shallpayalltaxes, includingsales taxes, unless otherwise statedherein. Contractor shallobtain and pay for allconstructionpermits andlicenses, andallcontributions imposedor required byanylawfor anyemployment insurance, pensions, age-related retirementfunds, or similar purposes.

Contractor accepts liability for all taxes and contributions required of it andits subcontractors by the Federal Social Security Act andthe unemployment compensation lawor anysimilar lawof anystate.

SECTION 11. TERMINATION
District mayimmediately terminatethe Agreementin the event of the happeningof any of thef ollowing or a ny other comparable event: (a) insolvencyof the Contractor, (b) filing of a voluntary petition in bankruptcy a gainst Contractor, (c) filing of any involuntarypetition in bankruptcyagainst Contractor, (d) appointmentof a receiver or trustee for Contractor, (e) execution of an assignment, (f) failure of Contractor to commence the Work in accordancewith the provisions of this Agreement, (g) failure of Contractor to prosecutethe Workto completion thereof in a diligent, efficient, workmanlike, skillfulandcarefulmanner andin accordance with provisions of this Agreement, (h) failure of Contractor to use anadequateamount or qualityof personnelor equipmentto com plete the Work withoutdelay, (i) failure of Contractor to perform any of its obligations under this Agreem ent, or if Contractor otherwise repudiates or breaches anyof theterms of this Agreement, including Contractor's warranties.
District shall have the right to terminate this Agreement for any reason whatsoever at any time by giving Contractor thirty (30) days writtennotice thereof. Upon receipt of suchnotice, Contractor im m ediately shall

terminate performance of the Work and make every reasonable effort to mitigate its losses and damages hereunder; provided, however, in connectionwith such termination, Contractor shallperform suchacts as may be necessary to preserve andprotect that partof the Work theretofore performedhereunder. Uponsuchtermination, District shallpay to Contractor a sum of moneyequalto the cost of all Work properly performe d (a ccepted a nd approved by District and District’s Representatives) hereunder by Contractor for which payments have not theretofore been made hereunder, and District shall assume the obligations of Contractor under all its subcontracts and purchaseorders coveringthe unperformed parts of the Work. In the event of such termination, the Contractor shallnot be entitled to anticipatedprofits on any Worknotyet performed; and the Agreement shall become terminated and of no further force nor effect; providedhowever, and notwithstanding a nything to the contrary, allwarranties of Contractor for Work completedprior to the termination of the Agreementshallcontinue in fullforce andeffect andshallsurvive terminationof the Agreement.

SECTION 12. ATTORNEY'S FEE'S

In the event of any action or proceeding between Contractor and District to enforce any provision of this Agreement, thelosingparty shallpay to the prevailingpartyallcosts andexpenses, includingwithout limitation, reasonable attorneys' fees and expenses, incurred in such actionor proceedingand in any appealin connection by such prevailing party. This Sectionis intended tobe severable from theother provisions of this Agreement, andthe prevailingp arty's rights under this Sectionshallnot merge into anyjudgment and anyjudgmentshallsurvive untilallsuch fees andcosts have been paid.

SECTION 13. SPECIAL CONDITIONS

Contractor is to provide weeklyprogress reports deliveredto the District’s Representative by 3:00 pm, Friday f or the current weekof Work.

Contractor shallcoordinateallinspections required by governmentalagencies and the District’s Representative. All constructionmethods, materials, and testingshallcomply with Manatee County, Florida, standards.

The Contractor acknowledges that the District is exemptfrom the Florida Sales and Use Tax (the "Sales Ta x"). Accordingly, to minimize thecost of the Workto the District, the Contractor agrees to cooperate with the District and to allowthe District, at its option, to purchase materials in its name in order to avoid the Sales Taxthat would otherwise be due onsuchpurchases. Allsavings realizedby the District as a result of such directpurchases shall inure to the benefit of the District only.

EXHIBIT A-1

CONTRACTOR (OR SUBCONTRACTOR) WARRANTY-GUARANTEE

For purposes of this Exhibit A-1, when this form is used to provide subcontractor's warranty-guarantee, the term "Contractor" shallapplyto the subcontractor.

WARRANTY GUARANTEE

("Contractor" or "Subcontractor")	does herebywarrant and guaranteethe Workin it s entirety as definedin the Agreement dated _		shallbe free and clear from def ects for a period of one (1) year from thedate of inspectionandacceptanceby the District or the District’s Representative, (the "Guarantee Period").

Contractor agrees torepair or replaceto the satisfaction of the District’s Representative anyor all Work that may prove defective in workmanship or materials within the Guarantee Period.

If Contractor fails to comply with the above-mentioned conditions within a reasonable time after beingnotified, Contractor hereby authorizes the District to proceedto have defects repairedandmade good at Contractor's sole cost and expense, and Contractor shallpaythe costs andcharges therefore immediately upondemandto the District.

The warranty-guarantee rights affordedthe District herein shallbe in additionto allother rights affordedthe District atla w and equity, and shallin no way restrict, limit or impair thoseadditionalrights of the District.

CONTRACTOR (OR SUBCONTRACTOR):

(Name)
By:		 Title:		 Date:	, 20 	

April 2, 2021

North River Ranch Community Development District
c/o PFM Group Consulting, LLC
Attn: Vivian Carvalho, District Manager 12051 Corporate Blvd.
Orlando, FL 32817

RE:	North River Ranch Amenity Site Design

Dear Mr. Panaseny:

Submitted herein is a proposal to perform engineering design and permitting services on the above referenced project. Our work shall be in accordance with applicable governmental regulations, including, but not limited to, the Manatee County Land Development Regulations, the Florida Department of Environmental Protection (DEP), and the Southwest Florida Water Management District (SWFWMD).

Our services under this proposal are based on the following assumptions:

PROJECT DESCRIPTION:

This project will consist of design & permitting the main Amenity Site for the North River Ranch Project. This will include drainage ponds, parking areas and several pads for various buildings located throughout the site. An extension of Rapid Creek Blvd will be required to access the site and will be apart of this set of plans. The project located immediately north of the existing Phase IVA project and directly west of Fort Hamer Road. The project is generally located on property owned by Haval Farms, LLC.

PRELIMINARY SITE PLAN, DESIGN & PERMITTING SERVICES:

MANATEE PRELIMINARY SITE PLAN/FINAL SITE PLAN, CONSTRUCTION PLAN, SWFWMD
MANATEE SIMULTANEOUS SUBMITTAL (PSP/FSP & CP)

Prepare grading and drainage plans, including street sections and necessary details, and process for approval by the Manatee County Building and Development Services Department.

Prepare flexible pavement calculations as required by Manatee County Land Development regulations.

Prepare a SWFWMD Environmental Resource Permit application package and submit to SWFWMD for approval.

Prepare Manatee County Final Site Plans with details to be processed through Manatee County for approval as a simultaneous submittal

North River Ranch CDD NRR Amenity Site April 2, 2021
Page 2 of 4

Prepare on-site sewage collection system plans, including a pump station, and necessary details and process for approval by the Manatee County Building and Development Services Department and the State of Florida Department of Environmental Protection.

Prepare on-site water distribution system plans, including necessary details and process for approval by the Manatee County Building and Development Services Department and the Florida Department of Health and Rehabilitative Services.

Supply appropriate prints to Florida Power & Light (FPL), Frontier Communications and TECO-Peoples Gas Company, to aid in their distribution system design.

Coordinate and attend a pre-construction meeting with Client, contractor and other necessary consultants and utility representatives.

Consult, as required, with Client and governmental agencies in connection with the above listed services, including follow-up on submittals to governmental agencies to secure necessary approvals.

RAPID CREEK TRAIL EXTENSION:

Design roadway and extend utilities to access and serve the Amenity Center Site from it terminus just west of Fort Hamer Road. Provide stub road connections to serve future subdivision phases.

LANDSCAPE/HARDSCAPE COORDINATION:
IF LANDSCAPE CONSULTANT OTHER THAN CLEARVIEW IS SELECTED

2. Coordinate landscape/hardscape details with the project Landscape Architect and provide assistance with preparation of final landscape plans to be processed through Manatee County for approval.

REVISIONS/MISC. (IF REQUIRED):

The following revisions will be performed on an hourly basis at prevailing hourly rates, after verbal authorization by Client, so the project scheduling and permitting will not be interrupted as the result of Work Order preparation/execution. Generally, the cost of each individual revision may be quoted.

Revisions covered may include:
Revisions requested by the Client, including, but not limited to, revisions resulting from aesthetic considerations, parcel configuration changes or parcel related revisions, market driven revisions, fill requirements, revisions to the site plan, etc.

Revisions required by reviewing agencies and as approved by Client, resulting from evolving standards or standards not found in the application technical/regulation manuals at the time of design and not specified in pre-design meetings, or resulting

North River Ranch CDD NRR Amenity Site April 2, 2021
Page 3 of 4

from a reviewing agency not accepting a design element agreed to by Client during the design stage.

WORK SPECIFICALLY EXCLUDED FROM THIS CONTRACT:
Any work not specifically included in this contract shall be presumed extra to this contract.
Landscape/Hardscape/Irrigation Design & Permitting Services
Zoning Modifications
FEMA LOMR’s
Traffic studies
Structural Engineering
Environmental Engineering
Wetland setback encroachment variances or waivers.
Request for waivers from Manatee Land Development Code.
In the event the Client or contractor desires changes to the approved plans or specifications, all work connected therewith is extra to this contract.
Determination, report and/or permitting of invasive plant species.
Wetland survey or re-establishment of the SWFWMD/EPC line, if the COE does not accept the approved SWFWMD/EPC lines.
Offsite Improvements along Fort Hamer or Moccasin Wallow Roads.

North River Ranch CDD NRR Amenity Site April 2, 2021
Page 4 of 4

FEE SUMMARY:

Description	Job No.	Billing Type	Amount	
Design/Permitting Amenity Center Site	CDD-NR-033	Lump Sum	$110,000.00	
Rapid Creek Trail Extension	CDD-NR-034	Lump Sum	$40,000.00	
Landscape/Hardscape Coordination	CDD-NR-035	Hourly NTE	$15,000.00	
Revisions/Misc.	CDD-NR-036	Hourly NTE	$10,000.00	

All work herein is subject to the conditions described in Attachment “A” attached herewith and made a part of this “Authorization for Work”.

If the foregoing meets with your approval, please execute the acceptance below and return one copy for our files. We certainly look forward to working with you on this project and trust you will find our services satisfactory.
Sincerely,

	By: 		
	Title: 		
Christopher Fisher, P.E.	Date: 		
Project Manager		

CLEARVIEW LAND DESIGN, P.L.

cc:	Mary Robin Thiele File

ACCEPTANCE:

North River Ranch CDD

P:\North River Ranch\Master Plan\Contracts\Drafted\2021.04.02 CDD-NR-033-036 NRR Amenity Site Design.doc

ATTACHMENT “A”

In addition to the fees in this Work Order, we charge all out-of-pocket expenses such as printing, photocopying, long distance telephone calls and postage. These expenses will be charged to you at our cost. Consultant Fees and permit fees, (if necessary), etc. will be charged at our cost plus 15%. Client shall pay the following items in advance: (a) all review/permit fees required by governmental agencies, and (b) any fees or other charges to be imposed upon Clearview Land Design, P.L., by its insurance carriers in excess of those necessary to obtain a standard certificate of insurance (including, without limitation, for earmarking of policy coverage to the project or for a waiver of subrogation). In the event such items are paid by Clearview Land Design, P.L. fees shall be reimbursed by Client in addition to the contract prices stated herein.

Any work requested which is not included in the stated fees shall be performed only after the execution of an “Authorization for Work” form. Fees for the additional work shall be at the rates prevailing at the time of the additional service.

Work will be billed at the end of each month under the terms of this Work Order, and we shall expect payment by the tenth of the following month. Client shall pay the invoice and statement in accordance with the terms of this Work Order and the terms of said statement and invoice. If Client fails to make any payment due Clearview Land Design, P.L. for services within 30 days of the invoice date, the amount(s) due shall include an interest charge at the rate of 1 ½ percent per month for the thirtieth day.

Additionally, notwithstanding any other terms or conditions herein to the contrary, it is expressly understood and agreed that Clearview Land Design, P.L., at its sole discretion, shall have the right to cease work on the project and withhold all information and documents concerning the project in the event until any amounts then due have been outstanding for more than 30 days from the date of the invoice. It is further agreed that Client shall hold Clearview Land Design, P.L. harmless for any and all damages resulting from ceasing work and/or withholding information or documents concerning the project.

All rates and fees are subject to renegotiation after a one month period from the date of this Work Order if it has not been accepted.

Unless otherwise agreed to in this contract, all sketches, tracings, drawings, computations, details, design calculations, permits, and other documents and plans prepared by Clearview Land Design, P.L., pursuant to this contract are instruments of service and are the property of Clearview Land Design,
P.L. Client may not use or modify such documents on other projects or extensions of this project without the prior written approval of Clearview Land Design, P.L.    Notwithstanding any provision in this contract to the contrary, in the event of a default by Client (including, without limitation, any failure to pay amounts due within 30 days of invoice date), Clearview Land Design, P.L., shall be entitled to exclusive ownership and possession of any and all documents prepared pursuant to this contract.

In the event this contract is terminated prior to completion, Clearview Land Design, P.L. shall be entitled to payment for services performed as of the date of termination, plus out-of-pocket expenses.

Client shall indemnify, defend and hold harmless Clearview Land Design, P.L., from and against any claims, liability, damages, penalties and/or costs (including, without limitation, reasonable attorney’s fees and expenses) Clearview Land Design, P.L., may incur as a result of claims in any form by third parties (including, without limitation, governmental agencies and departments) relating to or arising out of this contract, except to the extent such claims arise from the gross negligence or intentional misconduct of Clearview Land Design, P.L.

Your acceptance of this proposal shall constitute a contract between the Client and Clearview Land Design, P.L.

The prevailing party in any litigation between the parties relating to or arising out of this contract (including, without limitation, trial, appellate and
bankruptcy proceedings) shall recover its reasonable attorney’s fees and costs from the non-prevailing party.

Opinions of probable construction costs provided by Clearview Land Design, P.L. represent our best judgment but do not constitute a guarantee since we have no control over contractor pricing.

The scope of services does not include site investigations or other engineering evaluations to determine the presence or extent of hazardous wastes or soil and groundwater contamination. Clearview Land Design, P.L. accepts no responsibility or liability in this regard.

Client acknowledges that the work described herein will constitute a lien against the property. The signature on this Work Order authorizes the work herein described and does so on behalf of the owner in question and warrants that he has the authority to sign this agreement on behalf of the Owner. In the event improvements are dedicated to public use or otherwise alienated by the Owner, then Clearview Land Design, P.L. shall be entitled to a lien on all property abutting said improvements.

Limitation of Liability
To the maximum extent permitted by law, CLEARVIEW LAND DESIGN, P.L.’s liability for CLIENT’s damages will not exceed the compensation received by CLEARVIEW LAND DESIGN, P.L. under this Agreement. CLEARVIEW LAND DESIGN, P.L. is not responsible for the duties and responsibilities that belong to the borrower(s), developer(s), construction contractor(s), designer(s), testing laboratories, full-time inspector(s), or other parties associated with the Project (currently, in the past or in the future) not in the employ of or a subcontractor to CLEARVIEW LAND DESIGN, P.L. The limitations of liability and indemnities will apply whether CLEARVIEW LAND DESIGN, P.L.’s liability arises under breach of contract or warranty; tort; including negligence (but not sole negligence); strict liability; statutory liability; or any other causes of action; and shall apply to CLEARVIEW LAND DESIGN, P.L.’s officers, employees, and subcontractors. Due to the inherent risk involved in the type of work in this agreement, at the Client’s discretion, and upon payment of an additional fee to be negotiated, CLEARVIEW LAND DESIGN, P.L. ‘s liability for the work can be increased.

The Client agrees to extend any and all liability limitation and indemnification provided by the Client to the Clearview Land Design , P.L. to those individuals and entities that Clearview Land Design , P.L retains for performance of the services

under this Agreement, including but limited to the Clearview Land Design , P.L’s current or former officers and employees and their heirs and assigns.

PURSUANT TO SECTION 558.0035 FLORIDA STATUTES, THE CONSULTANT’S CORPORATION IS THE RESPONSIBLE PARTY FOR THE PROFESSIONAL SERVICES IT AGREES TO PROVIDE UNDER THIS AGREEMENT. NO INDIVIDUAL PROFESSIONAL EMPLOYEE, AGENT, DIRECTOR, OFFICER OR PRINCIPAL MAY BE INDIVIDUALLY LIABLE FOR NEGLIGENCE ARISING OUT OF THIS CONTRACT.

Revised 09/29/15

CLEARVIEW LAND DESIGN, P.L. FEE SCHEDULE
(Effective March 1, 2019)

DESCRIPTION	HOURLY RATE	
Principal	$225.00	
Senior Professional Engineer	$195.00	
Professional Engineer	$170.00	
Design Engineer	$155.00	
Senior Field Engineer	$135.00	
Field Engineer	$120.00	
Senior Landscape Architect	$180.00	
Landscape Architect	$155.00	
Senior Environmental Scientist	$180.00	
Entitlement Planner	$180.00	
Senior Professional Surveyor & Mapper	$165.00	
GIS Specialist	$155.00	
Senior CADD Designer	$150.00	
CADD Designer	$130.00	
Senior Project Coordinator	$140.00	
Project Coordinator	$120.00	
Graphic Designer	$120.00	
Project CPA	$185.00	
Administrative Assistant	$80.00	

North River Ranch Community Development District

Review and Consideration of the Clearview Land Design, P.L, IV-C&IV-D Design/Permitting

ADDENDUM TO AGREEMENT BETWEEN
NORTH RIVER RANCH COMMUNITY DEVELOPMENT DISTRICT AND CONTRACTOR

This Addendum to Agreement Between North River Ranch Community Development District and Contractor,  (the  “Addendum”),  is  made  and  entered  into  as  of  the  14TH  day  of APRIL 2021, by and between the North River Ranch Community Development District, a local unit of special-purpose government    established    pursuant    to     Chapter     190,     Florida     Statutes,     (hereinaf     ter,     "District"); and        Clearview Land Design, PL	(hereinafter, the "Contractor").

WITNESSETH

WHEREAS, District and Contractor are parties to that certain contract, proposal and/or agreement, (collectively the “Agreement”), of even date herewith for construction, work, professional and/or related services, (collectively the “Work”), to be performed on lands owned and/or operated and maintained by the District, (the “Agreement”); and,

WHEREAS, Florida law requires specific contractual provisions apply to all Community Development Districts pursuant to Chapter 190, Florida Statutes; and,

WHEREAS, the parties desire for this Addendum to amend, modify, supplement and clarif y the Agreem ent , such that the Agreement shall fully comply with the provisions of this Addendum, Chapter 190, Florida Statutes and other provisions of law pertaining to public bodies.

NOW THEREFORE, in consideration of themutual covenants set forth herein, and other good a nd valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

All payments pursuant to the Agreement, including any dispute regarding any payment or other monies owed to Contractor by District, shall be governed by the “Local Government Prompt Payment Act,” Chapter 218, Florida Statutes.

Contractor shall obtain, and thereafter at all times during the performance of the Work described in the Agreement, maintain a performance bond and a labor and material payment bond, a s applicable, each in f orm a nd substance satisfactory to District.  Such bonds shall comply with Section 255.05, Florida Statutes.

Contractor shall observe and abide by and perform all of its obligations hereunder and all other activities in connection with the Work and project contemplated by the Agreement in accordance with all applicable laws, rules and regulations of all governmental authorities having jurisdiction, including the District’s Resolutions, Rules and Regulations.

To the fullest extent permitted by law, and to the extent claims, damages, losses or expenses a re not covered by insurance maintained by Contractor in accordance with the Agreement, Contractor hereby assumes entire responsibility and liability for any and all damage or injury of any kind or nature whatsoever (including death resulting therefrom) to all persons, whether employees of Contractor or its subcontractors, or otherwise, and to all property (real and personal), caused by, resulting from, arising out of or occurring in any manner whatsoever in connection with the execution of the Work and/or performance of the Agreement. Contractor agrees to indemnify and save harmless District, its officers, Supervisors, agents, servants and employees from and against any and all such claims, losses, costs, expenses, liability, damages and/or injuries, including reasonable legal fees, that District, its officers, Supervisors, agents, servants or employees may directly or indirectly sustain, suffer or incur as a result thereof. Nothing herein shall be construed as or constitute a waiver of District's limitations on liability contained in Section 768.28, Florida Statutes, or other statute or law. The District shall have the right to withhold from any payments due or to become due to Contractor a n a mount sufficient in its judgment to protect and indemnify District, its officers, Supervisors, agents, servants and employees from and against any and all such claims, including legal fees and disbursements, or District in it s discretion, m ay require Contractor to furnish a surety bond satisfactory to District gua ranteeing such protection, which bond shall be furnished by Contractor within five (5) days after written demand has been made therefore.

The Contractor shallprepareand maintain completerecords and comprehensivebooks rela t ing to the Work and/or any other services performedon lands within and/or controlled by the District, (the “ Records”), which Records shallbe maintainedby the Contractor for a periodof atleastfive (5) years after theexpirationof the Agreement ;

and, copies of all Records shallbe timely given to the District uponrequest. The Records shallinclude, butnotbe limited to, documents andother informationpertainingto allcosts associated with the project and Work contemplated by the Agreement. The District, and/or its duly authorized representative, shall have the right to audit such Records at reasonable times uponprior notice to Contractor, and Contractor shallbe required to prepare a ndmaintain all Records on a basis of generally accepted accountingprinciples. If an audit reveals overcharges that exceed the total a mount due Contractor under the Agreement, Contractor willreimburse District for the cost of the audit and pay 2.5 times theamount of the overcharges as liquidateddamages.

The Contractor agrees andunderstands that District is a specialpurposeunit of localgovernment and as such is subject to Chapter 119, Florida Statutes. Contractor agrees andcovenants tofully cooperate with District, to District's fullsatisfaction, in respondingto requests for public records pursuant to Chapter 119, Florida Statutes, as same pertain to the Records, the Workandthe Agreement. Contractor further agrees and understands that the Records, Work and Agreement are pubic records, and Contractor shallfully comply with Florida law, andspecifically the provisions of Chapter 119 Florida Statutes, as it pertains to same.

Contractor covenants, warrants and agrees that allwork products of Contractor, Contractor's employees, suppliers andsubcontractors, includingdrawings, designs, plans, reports, manuals, programs, tapes, electronic data a nd any other material preparedby Contractor or its employees, suppliers and subcontractors under the Agreement, including the Records, shall belong exclusively to, and may be used by, the District, free and clear of all liens and other encumbrances.

In addition to the terms of this Addendum, the Agreementshallbe further subject to the “ Term s and Conditions to CDD Addendum,” attachedhereto as Exhibit “A,” andincorporatedherein.

The parties agreethat the Agreementshallbe controlled and governed by the la ws of the State of Florida, with venue situatein Manatee County, Florida.

The Agreement, Addendum and Terms and Conditions to CDD Addendum constitute the entire agreementbetweentheparties heretowith respect to thematters hereby. All prior negotia tions, representations a nd agreements, whether oralor written, with respecthereto not incorporatedherein are hereby cancelled , terminated and void. The Agreement canbe modifiedor amendedonlyby a writtendocument duly executed onbehalf of both parties hereto.

If any term of the Agreement, Addendum or Terms and Conditions to CDDAddendum is inva lid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, suchterm shall be deemed reformedor deleted, but only to theextentnecessary to comply with such statute, regulation, ordinance, order or rule a nd the remainingprovisions of the Agreement, Addendum and Terms and Conditions to CDDAddendum shallremain in ful force and effect.

The Agreement, Addendum and Terms and Conditions to CDD Addendum shall constitute one complete documentand shallbe referred to collectively as the “Agreement”; provided however, a nd n otwithstanding anythingto the contrary herein, in the event of any conflict between the terms of this Addendum [which specif ically includes by incorporation the Terms and Conditionsto CDDAddendum] and theterms of the Agreement, the terms of this Addendum shall at all times govern, controlandprevail.

IN WITNESS WHEREOF, this Addendum is herebyexecuted as of the date first aboveset forth.

Contractor:	District:

___		North River RanchCommunity Development District

By:	By:	 Name:	Name:	 Title:	Chairperson/Vice Chairperson of the Boardof Supervisors

EXHIBIT “A”

TERMS AND CONDITIONS TO CDD ADDENDUM

SECTION 1. WORK

The Contractor shallcomplete all Work as specified or indicatedin the Agreementin a timely and professional manner; in accordancewith all laws, rules and regulations of any governmentalbodywith jurisdiction thereto; a nd in accordancewith any andallschedules or other time frames for completionof the Work a set forth in the Agreement. TIME IS OF THE ESSENCE FOR COMPLETION OF THE WORK.

SECTION 2. DISTRICT ENGINEER AS REPRESENTATIVE

District Engineer will act as the representativefor the District to reviewandinspect the Work. District Engineer shall at all times haveaccess to review allplans, specifications, permits, approvals andallother matters of and a ssociated with Contractor’s Work and completionthereof.

SECTION 3.	AUDIT

Contractor shallcheck allmaterials andlabor enteringinto the Work andshallkeepsuchfullanddetailed accounts as may be necessary to determine the Costof the Work. District shallhave access to the Work at all reasonable t im es a nd the right to audit all Contractor's books, records, correspondence, instructions, drawings, receipts, vouchers and memoranda, relating to the Work, and Contractor shallpreservesuchrecords for a period of notless tha n f ive (5 ) years after finalpayment.

SECTION 4. PAYMENTS

All payments pursuantto the Agreement, includingany dispute regardinganypaymentor other monies owed to Contractor by District, shallbe governedby the“Local Government Prompt Payment Act,” Chapter 218, Florida Statutes.

Retainage: Ten percent(10%) shallbe retained from eachpayment madeby District to Contractor untilthe Work has been fully completedin accordance with the Agreement andallprovisions rela ted to the Work have been fulfilled, as confirmed in writingby the District’s Representative, andallprovisions relatedto the Agreement have been fulfilled, as confirmed by the District’s Board of Supervisors in writing; provided however, if District Engineer is a partyto the Agreement, then District shallappoint an independent District Representative.

Any provision hereof to the contrarynotwithstanding, District shallnot be obligated to make any paym ent to Contractor hereunder if Contractor has failed to perform its Work and any other obligations hereunder or otherwise is in default under the Agreement, (as amended, supplemented andmodified bythe Addendum and this Terms and Conditions to CDDAddendum).

As a conditionprecedent to each payment under the Agreement, Contractor shall f urnish to District a partial wavier andrelease of lien, in a form satisfactory to the District, from all subcontractors, materialmen a nd other parties furnishing labor, materials, or both in the performance of the Work . The Contractor agrees, and this Agreement is based upon theexpressed condition, that no liens or rights in rem sha ll so lie or a t tach, a nd the Contractor shallindemnify andhold District harmless from anda gainst such liens, claims, rights and a ny a nd all expenses incurredby the Contractor or District in dischargingthem.

As conditions precedent to anyfinalpaymentunder the Agreement, Contractor shall: (i) execute anddeliver a final affidavit, wavier and release of allclaims and liens Contractor may have against the Distric t a nd the la nd a nd improvements upon whichthe Work is located; (ii) furnish written release andwaivers of all rights to claim or file liens properly executed by any and all subcontractors, materialmen, suppliers, laborers, vendors or others furnishingwork, labor, materials, machineryor fixtures in the performance of the Work in a form satisfactory to the District; (iii) furnish anymanufacturers' guarantees or warranties for materials providedor equipment installed in the Work; (iv) havedone and performedallother things required of it pursuant to the Agreement; (v) furnished District with the Certificateof Use or Occupancy, as thecase may be (if applicable); (vi) warrant allworkmanship as outlined in Exhibit A-1, attached; and(vii) deliver to the District a set of “as built” d rawings a nd plans, (if applicable), reflectingallchanges, modifications andadditions thereto whichoccurredduringperformance of the Work. Acceptance of any Workor anypossession takenby District shallnot operate as a waiver of anyprovision

of the Agreement or any right or power therein reserved to District including any right to damages provided therein at lawor in equity.

SECTION 5. INSURANCE

During the entire term of this Agreement andanyextensions thereof, Contractor shall obtain a nd maintain, a t Contractor's expense, the insurances required herein, which insuranceshallbe kept in fullforce andeffect untilacceptance of the Work by District. Before proceeding with any Work, Contractor shall furnish to District and District’s Representative, and any governmentalagencydesignated by District, an origina l certificate of insurance or proof of insurance in a form reasonably acceptable to District.

The District shallbe namedas additionalinsured onallinsurance policies required with the exceptionof worker's compensation and employer’s liability insurance. Allrequired insurance policies, except workers' compens ation a nd employers' liability, shallbe endorsedto be primary andnon-contributory to anyinsurance otherwise carried by Contractor and District with respect to the Work. Such insurance shallnot be modified, permittedto lapse, or canceledwithoutwritten notice to District from such insurance companies, mailedto District, with copies to District’s Representative, via Registered Mailthirty (30) days in advance of suchmodification, expiration, or cancellation. In the event of suchcancellation notice, Contractor, at Contractor's expense, shallobtain replacementinsurancecoverage from other insurance companies prior to the cancellationof the originalinsurance coverage.

Insurance Coverage	Limits	
a) Worker's Compensation	As required by Florida law.	
b) Employers Liability	$1,000,000 per occurrence.	
c) Comprehensive General Liability (Occurrence Form)
Includingbutnotlimited to:
Premises, operations and elevators. Independent Contractors.
Broad form property damage. Personal Injury.
Blanket contractual liability.
Blanket fire and explosionlegalliability. Explosion, collapse andundergroundhazard included.
Products liability.
Completedoperations coverage for 3 years after completionand acceptanceof the Work.	$1,000,000 combined single limit bodily injury and propertydamageper occurrenceand projectspecific
aggregate.	
d) Automobile Liability	$1,000,000 combined single limit bodily injury and
propertydamageper occurrence. If Contractor, or any subcontractor, is a transporter of hazardous materials, such transporter's Automobile Liability policy shallhave
all pollution exclusions deleted.	

If Contractor subcontracts any of the Work, Contractor shallrequire eachsubcontractor to have the insurance coverage required by this Section or such other amountas agreedto by District and Contractor. Contractor shall f urnish District evidence thereof before each subcontractor commences anyof the Work. Contractor's obtainingof the insurance required by this Sectionshallin no manner lessen, diminish or affect Contractor's obligations set forth in any provisio ns of the Agreement. Contractor shallalso carry such additionalinsurance as maybe required byanylaw. All insurance policies required of Contractor andsubcontractors shallcontain a waiver of subrogationclause wherein no insurance company shall have anyright of recovery a gainst District.

All insurance required in this sectionshallbe provided byfinancially responsible insurance carriers authorized or eligible to do business in the state of Florida and ratedby A.M. Best Rating Service as A- or better.

District and Contractor acknowledgethatthe insurance requirements set forth in the Agreementmaybe required to be varied by District's insurance carrier and Contractor agrees to enter into suitable modifications of the provisions hereof upon the request of the District, provided District bears anyadditionalcost occasionedthereby.

SECTION 6. INDEPENDENT CONTRACTOR

The Work shallbe performedby Contractor as an independent contractor at its sole risk, cost andexpense. District shallhavethe right to insist that all the provisions andrequirements of the Agreementare carriedoutby Contractor.

SECTION 7. WAIVER

No consent or waiver, express or implied, by either partyto this Agreement of any breachor default by theother in the performance of anyobligations hereunder shall be deemed or construedto be a consent or waiver to or of a ny other breachor default bysuchpartyhereunder. Unless the Agreement specifies a time period for notice of a particular cla im, failure on the partof anyparty heretoto complain of anyact or failure to act of the other partyor to declare theother party in default hereunder, irrespectiveof howlongsuch failure continues, shallnot constitutewaiver of therights of such part y hereunder. Notwithstandinganythingto the contrary in the Agreement, inspectionor failure of District to perform any inspection hereunder, shallnot release Contractor of any of its obligations hereunder.

SECTION 8. PROTECTION OF WORK

Contractor     shall     protect     and     prevent     damage      to      all      finished      and      unfinished portions of the Work, includingbutnotlimited to the protection thereof from damage bythe elements, theft or vandalism. Restorationof suchdamage shallbe the sole responsibility of Contractor and shallnot be causef or a n increase in amounts owed Contractor pursuantto the Agreement.

If any property uponwhich the Work is completed or accessedin order to complete the Work, to include without limitation streams, waterways, existing trees and wetlands, are damaged to any extent by Contractor or its subcontractor(s), agents and/or assigns, then the Contractor shallrepair and restore theproperty to the condition which exists on the datehereof. Such repair or restorationshallbe the sole responsibility of Contractor a nd shall not be cause for an increase in amounts owed Contractor pursuant to the Agreement.

SECTION 9. COMPLIANCE WITH LAWS

Contractor shallobserveandabide byandperform allof its obligations hereunder a nd all other a ct iv it ies in connectionwith the Workin accordancewith allapplicable laws, rules and regulations of all governmental a uthorities havingjurisdiction, includingthe District.

SECTION 10. PERMITS AND LICENSES

Contractor shallpayalltaxes, includingsales taxes, unless otherwise statedherein. Contractor shallobtain and pay for allconstructionpermits andlicenses, andallcontributions imposedor required byanylawfor anyemployment insurance, pensions, age-related retirementfunds, or similar purposes.

Contractor accepts liability for all taxes and contributions required of it andits subcontractors by the Federal Social Security Act andthe unemployment compensation lawor anysimilar lawof anystate.

SECTION 11. TERMINATION
District mayimmediately terminatethe Agreementin the event of the happeningof any of thef ollowing or a ny other comparable event: (a) insolvencyof the Contractor, (b) filing of a voluntary petition in bankruptcy a gainst Contractor, (c) filing of any involuntarypetition in bankruptcyagainst Contractor, (d) appointmentof a receiver or trustee for Contractor, (e) execution of an assignment, (f) failure of Contractor to commence the Work in accordancewith the provisions of this Agreement, (g) failure of Contractor to prosecutethe Workto completion thereof in a diligent, efficient, workmanlike, skillfulandcarefulmanner andin accordance with provisions of this Agreement, (h) failure of Contractor to use anadequateamount or qualityof personnelor equipmentto com plete the Work withoutdelay, (i) failure of Contractor to perform any of its obligations under this Agreem ent, or if Contractor otherwise repudiates or breaches anyof theterms of this Agreement, including Contractor's warranties.
District shall have the right to terminate this Agreement for any reason whatsoever at any time by giving Contractor thirty (30) days writtennotice thereof. Upon receipt of suchnotice, Contractor im m ediately shall

terminate performance of the Work and make every reasonable effort to mitigate its losses and damages hereunder; provided, however, in connectionwith such termination, Contractor shallperform suchacts as may be necessary to preserve andprotect that partof the Work theretofore performedhereunder. Uponsuchtermination, District shallpay to Contractor a sum of moneyequalto the cost of all Work properly performe d (a ccepted a nd approved by District and District’s Representatives) hereunder by Contractor for which payments have not theretofore been made hereunder, and District shall assume the obligations of Contractor under all its subcontracts and purchaseorders coveringthe unperformed parts of the Work. In the event of such termination, the Contractor shallnot be entitled to anticipatedprofits on any Worknotyet performed; and the Agreement shall become terminated and of no further force nor effect; providedhowever, and notwithstanding a nything to the contrary, allwarranties of Contractor for Work completedprior to the termination of the Agreementshallcontinue in fullforce andeffect andshallsurvive terminationof the Agreement.

SECTION 12. ATTORNEY'S FEE'S

In the event of any action or proceeding between Contractor and District to enforce any provision of this Agreement, thelosingparty shallpay to the prevailingpartyallcosts andexpenses, includingwithout limitation, reasonable attorneys' fees and expenses, incurred in such actionor proceedingand in any appealin connection by such prevailing party. This Sectionis intended tobe severable from theother provisions of this Agreement, andthe prevailingp arty's rights under this Sectionshallnot merge into anyjudgment and anyjudgmentshallsurvive untilallsuch fees andcosts have been paid.

SECTION 13. SPECIAL CONDITIONS

Contractor is to provide weeklyprogress reports deliveredto the District’s Representative by 3:00 pm, Friday f or the current weekof Work.

Contractor shallcoordinateallinspections required by governmentalagencies and the District’s Representative. All constructionmethods, materials, and testingshallcomply with Manatee County, Florida, standards.

The Contractor acknowledges that the District is exemptfrom the Florida Sales and Use Tax (the "Sales Ta x"). Accordingly, to minimize thecost of the Workto the District, the Contractor agrees to cooperate with the District and to allowthe District, at its option, to purchase materials in its name in order to avoid the Sales Taxthat would otherwise be due onsuchpurchases. Allsavings realizedby the District as a result of such directpurchases shall inure to the benefit of the District only.

EXHIBIT A-1

CONTRACTOR (OR SUBCONTRACTOR) WARRANTY-GUARANTEE

For purposes of this Exhibit A-1, when this form is used to provide subcontractor's warranty-guarantee, the term "Contractor" shallapplyto the subcontractor.

WARRANTY GUARANTEE

("Contractor" or "Subcontractor")	does herebywarrant and guaranteethe Workin it s entirety as definedin the Agreement dated _		shallbe free and clear from def ects for a period of one (1) year from thedate of inspectionandacceptanceby the District or the District’s Representative, (the "Guarantee Period").

Contractor agrees torepair or replaceto the satisfaction of the District’s Representative anyor all Work that may prove defective in workmanship or materials within the Guarantee Period.

If Contractor fails to comply with the above-mentioned conditions within a reasonable time after beingnotified, Contractor hereby authorizes the District to proceedto have defects repairedandmade good at Contractor's sole cost and expense, and Contractor shallpaythe costs andcharges therefore immediately upondemandto the District.

The warranty-guarantee rights affordedthe District herein shallbe in additionto allother rights affordedthe District atla w and equity, and shallin no way restrict, limit or impair thoseadditionalrights of the District.

CONTRACTOR (OR SUBCONTRACTOR):

(Name)
By:		 Title:		 Date:	, 20 	

April 2, 2021

North River Ranch Community Development District
c/o PFM Group Consulting, LLC
Attn: Vivian Carvalho, District Manager 12051 Corporate Blvd.
Orlando, FL 32817

RE:	North River Ranch Phases IV-C & IV-D Design/Permitting

Dear Mr. Panaseny:

Submitted herein is a proposal to perform engineering design and permitting services on the above referenced project. Our work shall be in accordance with applicable governmental regulations, including, but not limited to, the Manatee County Land Development Regulations, the Florida Department of Environmental Protection (DEP), and the Southwest Florida Water Management District (SWFWMD).

PROJECT DESCRIPTION:

This project will consist of design & permitting Phases IV-C & IV-D (827 +/- lots). The project located immediately north of the existing Phases IV-A & IV-B west of Fort Hamer Road and south of the future Road FF with access through the existing phases. The project is generally located on property owned by Haval Farms, LLC.

PROJECT ASSUMPTIONS:

The project will be designed and permitted in set of construction plans with two construction/plat phases.

The CDD will contract with additional consultants as required. Including but not limited to the following:
Survey
Environmental Services
Geotechnical Engineering Services.
Landscape, Hardscape & Irrigation Services
Traffic Engineering
SUE (if needed)

This proposal excludes any off-site roadway and/or Fort Hamer intersection improvements. Any required intersection improvements on Fort Hamer shall be under separate contract.

This proposal excludes any off-site utility extensions. This proposal assumes the utilities available in Fort Hamer or any other off-site utility extensions needed to serve these units will be sufficient or designed by others.

North River Ranch CDD Phases IV-C & IV-D April 2, 2021
Page 2 of 5

UPDATE MASTER UTILITY PLANS:

Coordinate with Manatee County Utilities to update the Master Utility Plans (MUP’s):

Potable Water:	Update the Master Water Plan and process through MCU. This contract excludes any detailed WaterCAD modeling.
Wastewater: Update the Master Wastewater Plan and process through MCU. This contract excludes any detailed wastewater and/or pump station analysis.
Reclaimed: Update the Master Reclaimed Water Plan and process through MCU. This contract excludes any hydraulic modeling.

Consult with the Client as needed in conjunction with Plans and Submittals.

Meet with Staff reviewers as needed for submittals and responses through to final approvals.

This contract assumes MCU will accept a simple graphic revision to the Master Utility Plans without any detailed hydraulic modeling and/or detailed wastewater analysis.

MODIFICATION TO THE IV-A & IV-B PLANS:

Coordinate with Manatee County Stormwater and SWFWMD to process a modification to Pond W7 in the Phase IV-A & IV-B plans to support the revised layout for Phase IV- C.

Consult with the Client as needed in conjunction with Plans and Submittals.

Meet with Staff reviewers as needed for submittals and responses through to final approvals.

FINAL SITE PLAN, DESIGN & PERMITTING SERVICES:

MANATEE PRELIMINARY SITE PLAN/FINAL SITE PLAN, CONSTRUCTION PLAN, SWFWMD
MANATEE SIMULTANEOUS SUBMITTAL (PSP/FSP & CP)

Prepare grading and drainage plans, including street sections and necessary details, and process for approval by the Manatee County Building and Development Services Department.

Prepare flexible pavement calculations as required by Manatee County Land Development regulations.

Prepare a SWFWMD Environmental Resource Permit application package and submit to SWFWMD for approval.

North River Ranch CDD Phases IV-C & IV-D April 2, 2021
Page 3 of 5

Prepare Manatee County Final Site Plans with details to be processed through Manatee County for approval as a simultaneous submittal.

Prepare on-site sewage collection system plans, including a pump station, and necessary details and process for approval by the Manatee County Building and Development Services Department and the State of Florida Department of Environmental Protection.

Prepare on-site water distribution system plans, including necessary details and process for approval by the Manatee County Building and Development Services Department and the Florida Department of Health and Rehabilitative Services.

Supply appropriate prints to Florida Power & Light (FPL), Frontier Communications and TECO-Peoples Gas Company, to aid in their distribution system design.

Coordinate and attend a pre-construction meeting with Client, contractor and other necessary consultants and utility representatives.

Consult, as required, with Client and governmental agencies in connection with the above listed services, including follow-up on submittals to governmental agencies to secure necessary approvals.

LANDSCAPE/HARDSCAPE COORDINATION:
IF LANDSCAPE CONSULTANT OTHER THAN CLEARVIEW IS SELECTED

Coordinate landscape/hardscape details with the project Landscape Architect and provide assistance with preparation of final landscape plans to be processed through Manatee County for approval.

REVISIONS/MISC. (IF REQUIRED):

The following revisions will be performed on an hourly basis at prevailing hourly rates, after verbal authorization by Client, so the project scheduling and permitting will not be interrupted as the result of Work Order preparation/execution. Generally, the cost of each individual revision may be quoted.

Revisions covered may include:
Revisions requested by the Client, including, but not limited to, revisions resulting from aesthetic considerations, parcel configuration changes or parcel related revisions, market driven revisions, fill requirements, revisions to the site plan, etc.

Revisions required by reviewing agencies and as approved by Client, resulting from evolving standards or standards not found in the application technical/regulation manuals at the time of design and not specified in pre-design meetings, or resulting from a reviewing agency not accepting a design element agreed to by Client during the design stage.

North River Ranch CDD Phases IV-C & IV-D April 2, 2021
Page 4 of 5

WORK SPECIFICALLY EXCLUDED FROM THIS CONTRACT:
Any work not specifically included in this contract shall be presumed extra to this contract.
Landscape/Hardscape/Irrigation Design & Permitting Services
Zoning Modifications
FEMA LOMR’s
Traffic studies
Structural Engineering
Environmental Engineering
Wetland setback encroachment variances or waivers.
Request for waivers from Manatee Land Development Code.
In the event the Client or contractor desires changes to the approved plans or specifications, all work connected therewith is extra to this contract.
Determination, report and/or permitting of invasive plant species.
Wetland survey or re-establishment of the SWFWMD/EPC line, if the COE does not accept the approved SWFWMD/EPC lines.
Offsite Improvements along Fort Hamer, Moccasin Wallow Roads and extensions to Road FF.

North River Ranch CDD Phases IV-C & IV-D April 2, 2021
Page 5 of 5

FEE SUMMARY:

Description	Job No.	Billing Type	Amount	
Update Master Utility Plan	CDD-NR-028	Lump Sum	$15,000.00	
Modification to IV-A & IV-B Plans	CDD-NR-029	Lump Sum	$50,000.00	
Design/Permitting	CDD-NR-030	Lump Sum	$530,000.00	
Landscape/Hardscape Coordination	CDD-NR-031	Hourly NTE	$15,000.00	
Revisions/Misc.	CDD-NR-032	Hourly NTE	$10,000.00	

All work herein is subject to the conditions described in Attachment “A” attached herewith and made a part of this “Authorization for Work”.

If the foregoing meets with your approval, please execute the acceptance below and return one copy for our files. We certainly look forward to working with you on this project and trust you will find our services satisfactory.

Sincerely,
CLEARVIEW LAND DESIGN, P.L.

ACCEPTANCE:

North River Ranch CDD

By: 	

Title: 	

Christopher Fisher, P.E.	Date:	 Project Manager
CMF

cc:	Mary Robin Thiele File

P:\North River Ranch\Master Plan\Contracts\Drafted\2021.04.02 CDD-NR-025-029_ NRR IV-C & IV-D Design & Permitting.doc

ATTACHMENT “A”

In addition to the fees in this Work Order, we charge all out-of-pocket expenses such as printing, photocopying, long distance telephone calls and postage. These expenses will be charged to you at our cost. Consultant Fees and permit fees, (if necessary), etc. will be charged at our cost plus 15%. Client shall pay the following items in advance: (a) all review/permit fees required by governmental agencies, and (b) any fees or other charges to be imposed upon Clearview Land Design, P.L., by its insurance carriers in excess of those necessary to obtain a standard certificate of insurance (including, without limitation, for earmarking of policy coverage to the project or for a waiver of subrogation). In the event such items are paid by Clearview Land Design, P.L. fees shall be reimbursed by Client in addition to the contract prices stated herein.

Any work requested which is not included in the stated fees shall be performed only after the execution of an “Authorization for Work” form. Fees for the additional work shall be at the rates prevailing at the time of the additional service.

Work will be billed at the end of each month under the terms of this Work Order, and we shall expect payment by the tenth of the following month. Client shall pay the invoice and statement in accordance with the terms of this Work Order and the terms of said statement and invoice. If Client fails to make any payment due Clearview Land Design, P.L. for services within 30 days of the invoice date, the amount(s) due shall include an interest charge at the rate of 1 ½ percent per month for the thirtieth day.

Additionally, notwithstanding any other terms or conditions herein to the contrary, it is expressly understood and agreed that Clearview Land Design, P.L., at its sole discretion, shall have the right to cease work on the project and withhold all information and documents concerning the project in the event until any amounts then due have been outstanding for more than 30 days from the date of the invoice. It is further agreed that Client shall hold Clearview Land Design, P.L. harmless for any and all damages resulting from ceasing work and/or withholding information or documents concerning the project.

All rates and fees are subject to renegotiation after a one month period from the date of this Work Order if it has not been accepted.

Unless otherwise agreed to in this contract, all sketches, tracings, drawings, computations, details, design calculations, permits, and other documents and plans prepared by Clearview Land Design, P.L., pursuant to this contract are instruments of service and are the property of Clearview Land Design,
P.L. Client may not use or modify such documents on other projects or extensions of this project without the prior written approval of Clearview Land Design, P.L.    Notwithstanding any provision in this contract to the contrary, in the event of a default by Client (including, without limitation, any failure to pay amounts due within 30 days of invoice date), Clearview Land Design, P.L., shall be entitled to exclusive ownership and possession of any and all documents prepared pursuant to this contract.

In the event this contract is terminated prior to completion, Clearview Land Design, P.L. shall be entitled to payment for services performed as of the date of termination, plus out-of-pocket expenses.

Client shall indemnify, defend and hold harmless Clearview Land Design, P.L., from and against any claims, liability, damages, penalties and/or costs (including, without limitation, reasonable attorney’s fees and expenses) Clearview Land Design, P.L., may incur as a result of claims in any form by third parties (including, without limitation, governmental agencies and departments) relating to or arising out of this contract, except to the extent such claims arise from the gross negligence or intentional misconduct of Clearview Land Design, P.L.

Your acceptance of this proposal shall constitute a contract between the Client and Clearview Land Design, P.L.

The prevailing party in any litigation between the parties relating to or arising out of this contract (including, without limitation, trial, appellate and
bankruptcy proceedings) shall recover its reasonable attorney’s fees and costs from the non-prevailing party.

Opinions of probable construction costs provided by Clearview Land Design, P.L. represent our best judgment but do not constitute a guarantee since we have no control over contractor pricing.

The scope of services does not include site investigations or other engineering evaluations to determine the presence or extent of hazardous wastes or soil and groundwater contamination. Clearview Land Design, P.L. accepts no responsibility or liability in this regard.

Client acknowledges that the work described herein will constitute a lien against the property. The signature on this Work Order authorizes the work herein described and does so on behalf of the owner in question and warrants that he has the authority to sign this agreement on behalf of the Owner. In the event improvements are dedicated to public use or otherwise alienated by the Owner, then Clearview Land Design, P.L. shall be entitled to a lien on all property abutting said improvements.

Limitation of Liability
To the maximum extent permitted by law, CLEARVIEW LAND DESIGN, P.L.’s liability for CLIENT’s damages will not exceed the compensation received by CLEARVIEW LAND DESIGN, P.L. under this Agreement. CLEARVIEW LAND DESIGN, P.L. is not responsible for the duties and responsibilities that belong to the borrower(s), developer(s), construction contractor(s), designer(s), testing laboratories, full-time inspector(s), or other parties associated with the Project (currently, in the past or in the future) not in the employ of or a subcontractor to CLEARVIEW LAND DESIGN, P.L. The limitations of liability and indemnities will apply whether CLEARVIEW LAND DESIGN, P.L.’s liability arises under breach of contract or warranty; tort; including negligence (but not sole negligence); strict liability; statutory liability; or any other causes of action; and shall apply to CLEARVIEW LAND DESIGN, P.L.’s officers, employees, and subcontractors. Due to the inherent risk involved in the type of work in this agreement, at the Client’s discretion, and upon payment of an additional fee to be negotiated, CLEARVIEW LAND DESIGN, P.L. ‘s liability for the work can be increased.

The Client agrees to extend any and all liability limitation and indemnification provided by the Client to the Clearview Land Design , P.L. to those individuals and entities that Clearview Land Design , P.L retains for performance of the services

under this Agreement, including but limited to the Clearview Land Design , P.L’s current or former officers and employees and their heirs and assigns.

PURSUANT TO SECTION 558.0035 FLORIDA STATUTES, THE CONSULTANT’S CORPORATION IS THE RESPONSIBLE PARTY FOR THE PROFESSIONAL SERVICES IT AGREES TO PROVIDE UNDER THIS AGREEMENT. NO INDIVIDUAL PROFESSIONAL EMPLOYEE, AGENT, DIRECTOR, OFFICER OR PRINCIPAL MAY BE INDIVIDUALLY LIABLE FOR NEGLIGENCE ARISING OUT OF THIS CONTRACT.

Revised 09/29/15

CLEARVIEW LAND DESIGN, P.L. FEE SCHEDULE
(Effective March 1, 2019)

DESCRIPTION	HOURLY RATE	
Principal	$225.00	
Senior Professional Engineer	$195.00	
Professional Engineer	$170.00	
Design Engineer	$155.00	
Senior Field Engineer	$135.00	
Field Engineer	$120.00	
Senior Landscape Architect	$180.00	
Landscape Architect	$155.00	
Senior Environmental Scientist	$180.00	
Entitlement Planner	$180.00	
Senior Professional Surveyor & Mapper	$165.00	
GIS Specialist	$155.00	
Senior CADD Designer	$150.00	
CADD Designer	$130.00	
Senior Project Coordinator	$140.00	
Project Coordinator	$120.00	
Graphic Designer	$120.00	
Project CPA	$185.00	
Administrative Assistant	$80.00	

North River Ranch Community Development District

Ratification of Funding Requests # 17 -19

NORTH RIVER RANCH COMMUNITY DEVELOPMENT DISTRICT

Funding Requests 2021-17 - 2021-19

FR #	Description	Amount	Total	
				
2021-17	Vogler Ashton			
		$966.50		
			$966.50	
				
2021-18	Bradenton Herald	$249.21		
				
	Vglobal Tech	$125.00		
			$374.21	
				
2021-19	PFM Group Consulting	$2,926.36		
				
	Supervisor Fees- 3/10/21 Meeting	$1,000.00		
			$3,926.36	
				
		Total	$5,267.07	

By Amanda Lane at 9:19 am, Mar 01, 2021

By Amanda Lane at 9:34 am, Mar 08, 2021

By Amanda Lane at 9:49 am, Mar 15, 2021

North River Ranch Community Development District

Review of District Financial Statements
(under separate cover)