Agd 09.13.2006

REGULAR MEETING OF THE TOHOPEKALIGA WATER AUTHORITY TO BE HELD SEPTEMBER 13, 2006 AT 5: 00 PM IN THE COMMISSION CHAMBERS, KISSIMMEE CITY HALL, 101 NORTH CHURCH STREET, KISSIMMEE, FLORIDA

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2. INVOCATION AND PLEDGE OF ALLEGIANCE

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5. PUBLIC HEARING

6. HEAR AUDIENCE ( Anything requiring a vote will be heard at a later date) r11111 96101Ry 91111kWTI101l

The Consent Agenda is a technique designed to expedite handling of routine and miscellaneous business of the Board of Supervisors. The Board of Supervisors in one motion may adopt the entire Agenda. The motion for adoption is non -debatable and must receive unanimous approval. By request of any individual member, any item may be removed from the Consent Agenda and placed upon the Regular Agenda for debate.

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C. APPROVAL OF DEVELOPER SERVICE AGREEMENT FOR SHOPPES AT VISTA DEL LAGO A. K. A. LMG VISTA DEL LAGO PD PARCEL 1

D. APPROVAL OF SUPPLEMENTAL AGREEMENT WITH CSX TRANSPORTATION, INC. FOR THE BVL WATER RECLAMATION FACILITY ABANDONMENT AND FORCE MAIN PROJECT E. APPROVAL BID FOR THE PURCHASE OF MINI EXCAVATORS WITH 7 TON TRAILERS ( 2)

F. APPROVAL OF CONSTRUCTION ADMINISTRATION PROPOSAL FOR POINCIANA BLVD. PH 1 UTILITY RELOCATION PROJECT

G. APPROVAL OF THE AGREEMENT FOR REIMBURSEMENT AND REIMBURSEMENT COSTS FOR THE DESIGN AND CONSTRUCTION OF THE LAKE AUSTIN FORCE MAIN AND LIFT STATION

H. APPROVAL OF DEVELOPER SERVICE AGREEMENT AMENDMENT FOR COMPASS BAY

8. INFORMATIONAL PRESENTATIONS ( REQUIRING NO ACTION): PRESENTATION BY COSTA DEVAULT ON MARKETING OPPORTUNITIES AND BENEFITS FOR THE AUTHORITY

OLD Bf,SIrlESS: A. PDATE OR TME STAT11S OF TME OF •' THE DVT i 4 _ C

B. APPROVAL OF RESOLUTION 06- 010 ESTABLISHING A REVISED EFFECTIVE DATE FOR THE WATER AND WASTEWATER IMPACT FEE ADJUSTMENTS

10. NEW BUSINESS: A. APPROVAL TO INITIATE THE REQUEST FOR QUALIFICATIONS FOR THE SELECTION OF AN ARCHITECT FOR THE ADMINISTRATIVE BUILDING PROJECT

B. APPROVAL OF RESOLUTION 06 - 014 - RESERVE ACCOUNT RELEASE AND RESOLUTION 06 - 015 - MASTER BOND RESOLUTION AMENDMENT

11. STAFF REPORTS: H. O. M. E. LEASE AGREEMENT TERMS/ VOTE ON H. O. M. E. LEASE

BVL BACTERIOLOGICAL VIOLATION

EXECUTIVE DIRECTOR PERFORMANCE EVALUATION SELECTION9. 12. BOARD OFFICIALS

13. ADJOURNMENT

IN ACCORDANCE WITH FLORIDA STATUTES 286. 105ANY PERSON WISHING TO APPEAL ANY DECISION MADE BY THE BOARD OF SUPERVISORS WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSES MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS MADE IN ACCORDANCE WITH FLORIDA STATUTE 286. 26, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE OFFICE OF THE EXECUTIVE DIRECTOR, 101 NORTH CHURCH STREET, KISSIMMEE, FLORIDA 34741, ( 467) 518- 2160. with Mrs. Hadley and one of her sons to discuss the purchase of her property on the day of the last Board meeting. Executive Director asked Mrs. Hadley to provide the Authority a Letter of Intent to Sell. Last week Chairman Van Meter met with Charles Owen, Mark Durbin and Tom Kohler to discuss property located in the area of Central Avenue, Union Street and Mitchell Street. City Manager, Mark Durbin, indicated that the City would not want to build the proposed fire station on the Owen property. Mr. Owen has a 3. 1 acre parcel which fronts on Central Avenue and Union Street which is available to the Authority for the appraised value. Mr. Owen further stated that the Authority could use their own appraiser. Supervisor Wells favored submitting to Charles Owen a Letter of Intent and then getting the necessary information like zoning, appraised value, etc. Supervisor Reich was of the opinion that the Authority should proceed with due diligence on both sites; the Hadley and the Owen. Attorney Davis informed the Board that TWA can have two real estate contracts at one time provided the Authority had appropriate language which allowed the cancellation of either or both contracts without penalty. The City of Kissimmee still has interest in working with the Authority to co - locate a Fire Station on the Hadley Property. Supervisor Reich made a motion to accept the Hadley Letter of Intent to Sell and also to pursue a similar document on the Charles Owen property located east of Union Street with 90 days due diligence period. Attorney Davis informed the Board that the Hadley letter is the basis of preparation of a contract, not an actual contract. Supervisor Arrington seconded the motion. Motion approved 5 to 0.

Supervisor Reich made a second motion to pursue a similar Letter of Intent for the Charles Owen property on the east side of Union Street. Charles Owen had indicated to Chairman Van Meter that he may need up to 60 days to acquire the last piece in the assemblage he was attempting to acquire. Supervisor Reich' s motion on the Owen Property was to include whatever assemblage Mr. Owen can put together on the east side of Union Street. Supervisor Arrington would like to know in two weeks what is available on the Owen Property. Supervisor Wells seconded the motion. Motion passed 5 to 0.

913. APPROVAL OF REVISED STANDARD SPECIFIC CONDITIONS FOR SECTION 21 OF j DEVELOPER SERVICE AGREEMENTS — Staff is recommending that another common specific condition for residential and commercial developer service agreements ( DSA' s) be incorporated in the Executive Director' s approval authorization. The specific condition will only be incorporated into the DSA if it is applicable. The condition is the following; The DEVELOPER shall be required to connect to the AUTHORITY' S reuse distribution system when reuse is made available in this area." Supervisor Moody asked that staff add language stating that the ! irrigation system shall be designed to reuse j standards. Supervisor Wells made a motion to adopt

the revised specific conditions incorporating i Supervisor Moody's recommendation. Supervisor Arrington seconded the motion. Motion passed 5 to 0.

9C. APPROVAL OF LETTER AGREEMENT WITH THE CITY OF ST CLOUD FOR BULK WATER SERVICE FOR LAKE AJAY - At the May 10, 2006 Board meeting, staff presented the outline of the terms of a proposed letter agreement with the City of St. Cloud. The City of St. Cloud has presented a Letter Agreement incorporating the Board approved agreement terms. Supervisor Arrington motioned to approve Item 9C and Supervisor Moody seconded the motion. Motion passed 5 to 0.

5: 59: 22 PM 10A. SALE OF MARTIN STREET PROPERTY TO HELPING OTHERS MAKE THE EFFORT ( H. O. M. E.) The Authority owns approximately four acres just outside the fence of the abandoned Martin Street Wastewater Treatment Facility which it leases to H. O. M. E. for its facilities. The lease is a 20 year term NEW BUSINESS with an option to renew for an additional ten years. Rent was waived for the first ten years. Having a lease instead of ownership has become an obstacle for H. O. M. E. when trying to obtain grants for their facilities and services. Therefore, H. O. M. E. has expressed an interest in purchasing the property from the Authority. The sale would involve the Authority' s a Engineer of Record to declaring the property surplus and obtaining an appraisal of market value for the property. Attorney Mike Davis informed the Board that H. O. M. E. could be the exclusive buyer. Before declaring it surplus, the Board would like to know if H. O. M. E. has the money to buy it. If the Authority does sell it, Supervisor Wells would like a caveat in the contract that the Authority can buy it back for the selling price if H. O. M. E. would cease operation or move from the property. Supervisor Wells made a motion that before the Engineer of Record declares the land surplus, the Authority obtain an appraisal and offer it to H. O. M. E. at the appraised value with the caveat that if they ever sell the property or discontinue its use as a homeless facility, the Authority can purchase it back for the selling price. Supervisor Reich seconded the motion. Supervisor Wells changed the motion to state that the sales contract be brought to the Board for final approval. Chairman Van Meter asked that the Executive Director provide the Board with information on the j lease via electronic mail. Motion approved 4 to 0. Supervisor Reich was not present to consent to the changes in the motion. r 10B. APPROVAL OF BUDGET FOR FISCAL YEAR 2007 - The Budget for FY2007 was presented to the Board at two workshops; Capital Budget on May 19, 2006 and Operating Budget on July 28, 2006. 3 Resolution 06- 013 was drawn up to approve the budget for FY2007. Supervisor Arrington moved for approval of Resolution 06- 013 approving the FY2007 budget incorporating the revisions and changes made by staff after the workshops. Supervisor Moody seconded the motion. Motion passed 5 to 0. ;

6. 13: 18 PM ( Supervisor Reich left the meeting). Rodney { Henderson, Business Services Manager, presented the financial reports for June and July 2006. Supervisor Wells would like to see the breakdown on STAFF REPORTS units coming on line both residential and commercial. Executive Director informed the Board that KUA provides this information to the Authority and could 1 easily be incorporated into the financial reports. j 6. 26: 31 PM BOARD Executive Director Wheeler reminded the Board x OFFICIALS about the Annual Association of Municipal Water Agencies meeting in Charleston, South Carolina in October and the need to respond promptly so reservations could be made. Also, Mr. Wheeler reminded the Board about the Congressional Briefing i on September 22, 2006 and the need to know who

was attending. 6: 28: 01 PM There being no further business to discuss, Chairman Van Meter adjourned the meeting at 6: 28 PM.

ADJOURNED Bruce R. Van Meter, Chairman

John E. Moody, Secretary CATEGORY: Consent

Attachment( s): Developer Service Agreement

APPROVAL OF DEVELOPER SERVICE AGREEMENT FOR OAK MANOR

Explanation: The Oak Manor project, developed by 3 Piers, Inc., is located on the west side of Bass Road and is required to enter into a standard Developer Service Agreement (" Agreement") with the Tohopekaliga Water Authority ( Authority) as a condition of water, reuse, and wastewater service.

The Special Conditions of the Agreement contain five conditions. Three conditions are standard conditions typically approved by the Executive Director. The remaining two special conditions require:

1. TWA shall own and maintain the force main within the right- of-way. The developer shall own and maintain the force main outside of the right-of-way. 2. The DEVELOPER shall own, operate, and maintain the temporary on- site lift station. The lift station shall be decommissioned when the developer and/ or its successors and assigns are notified that gravity sewer is available on Bass Road. The DEVELOPER shall, at the sole cost of the DEVELOPER, connect to the gravity sewer main on Bass Road, decommission and remove the temporary on- site lift station, decommission and remove the entire 2" force main, and decommission and remove the gravity sewer main connecting the temporary on- site lift station and the on- site gravity sewer system. Decommission and removal procedures shall be in accordance with all relevant codes and shall be subject to TWA' s approval.

Recommendation: Staff recommends approval of the developer service agreement for the Oak Manor project.

DSA - Oak Manor. 09. 13. 06. ge TOHOPEKALIGA WATER AUTHORITY WATER AND WASTEWATER SYSTEM DEVELOPER' S SERVICE AGREEMENT

THIS AGREEMENT made and entered into this ; J day of 206-±, by and between the . 3 P/ e rs " c, / hereafter " DEVELOPER"), and TOHOPEKALIGA WATER AUTHORITY (" TWA"), an independent " Special District" created pursuant to Chapter 189, Laws of Florida.

RECITALS 1. The DEVELOPER has or is about to develop property by erecting Residential improvements consisting of Townhome units on property described in Exhibit " A" attached to and incorporated in this Agreement ( the Property")

2. The DEVELOPER is desirous of prompting the construction and/ or maintenance of central water and wastewater facilities so to receive adequate service.

3. TWA is willing to provide, in accordance with the provisions and stipulations hereinafter set out, and in accordance with all applicable laws, central water and wastewater service through central water and wastewater facilities, and to accept and operate a water distribution and wastewater collection system, and to thereafter operate such facilities so the occupants of the improvements constructed on the Property will receive adequate retail water and wastewater service from TWA.

ACCORDINGLY, for and in consideration of the Recitals, the mutual undertakings and agreements herein contained and assumed, and other good and valuable consideration the receipt and sufficiency of which are acknowledged by the parties, the DEVELOPER and TWA hereby covenant and agree as follows:

SECTION 1. RECITALS. The above Recitals are true and correct, and form a material part of this Agreement.

SECTION 2. DEFINITIONS. The following definitions and references are given for the purpose of interpreting the terms as used in this Agreement and apply unless the context indicates a different meaning:

1) " Service" - the readiness and ability on the part of TWA to fumish water and/ or wastewater service to each lot on the Property.

2) " Point of Delivery or Distribution" - the point where the pipes of utility are connected with the pipes of the customer. Unless otherwise indicated, the point of delivery shall be at a point on the customer' s lot line.

Page 1 the preparation, drafting and negotiation of this document and neither has had undue influence or control thereof. Both parties agree that in construing this Agreement, it shall not be construed in favor of either party by virtue of the preparation, drafting, or negotiation of this Agreement.

SECTION 21. SPECIAL CONDITIONS. The following Special Conditions are mutually agreed between DEVELOPER and TWA.

1., The DEVELOPER shall coordinate locations for all water, sewer and reuse services and mains with other utility companies ( i. e., gas, power, telephone, cable) and the home builder( s) to avoid conflicts or damage to the services and mains. The following conditions apply: a. Transformer junction boxes shall not be allowed over water, sewer or reuse services or mains. b. Water, sewer and reuse services shall not be located under house driveways. C. During the development of any and all lots of the subdivision and the multifamily section The Developer shall be responsible for the repair or correction of any conflicts between water, sewer and reuse mains/ services and other utilities/ driveways at The Developer' s expense until all buildings

are constructed. d. Tree plantings shall maintain a minimum of five feet horizontal separation from water, sewer and reuse mains and services. Tree plantings that do not meet this minimum distance shall be relocated at the DEVELOPER' s

expense. 2. All existing water, reuse and force mains along Bass Road impacted by Oak Manor' s proposed Bass Road roadway improvements shall be relocated at the expense of The DEVELOPER to the satisfaction of TWA. 3. The Developer shall pay a pro rata share fee in the amount of $0. 7624 per the assessed gallon per day assessment for Water Hydraulic Shares in addition to the impact and connection fees required by TWA ordinance. This fee represents the Developer's share in the construction cost for the extension of the existing water

main. 4. TWA shall own and maintain the force main within the right of way. The developer shall own and maintain the force main outside of the right of way. 5. The DEVELOPER shall own and maintain the temporary on- site lift station. This lift station shall be decommissioned when gravity sewer becomes available on Bass Road. The DEVELOPER shall, at the sole cost of the DEVELOPER, tie into the gravity sewer main on Bass Road, decommission and remove the temporary on- site lift station, decommission and remove the entire 2" force main, and decommission and remove the gravity sewer main which runs between the temporary on- site lift station and the manhole. Decommission and removal procedures shall be in accordance with all relevant codes and shall be subject to TWA' s approval.

Page 9 IN WITNESS WHEREOF, DEVELOPER and TWA have executed or have caused this Agreement, with the named Exhibits attached, if any, to be duly executed in several counterparts, each of which counterpart shall be considered an original executed copy of this Agreement.

TOHOPEKALIGA WATER AUTHORITY

0 Bruce R. Van Meter, Chairman Board of Supervisors

Attest: John E. Moody, Secretary

FOR THE USE AND RELIANCE OF TOHOPEKALIGA WATER AUTHORITY ONLY. APPROVED AS TO FORM.

Dated: , 20

TWA Attorney

Signed, sealed and delivered DEVELOPER in the presence of:

By:

CORPORATE SEAL]

T:\ DEVELOP\ 20061060036. ge\ DSA - Oak Manor. doc

Page 10 EXHIBIT " A"

LEGAL DESCRIPTION:

THE SOUTH 1/ 2 OF GOVERNMENT LOT 1, SECTION 24, TOWNSHIP 25 SOUTH, RANGE 28 EAST, OSCEOLA COUNTY, FLORIDA, LESS THE NORTH 394. 69 FEET, THEREOF.

TOGETHER WITH: A 25. 00 FEET STRIP OF LAND IN SECTION 24, TOWNSHIP 25 SOUTH, RANGE 28 EAST; MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE NORTHEAST CORNER OF GOVERNMENT LOT 2 OF SECTION 24, TOWNSHIP 25 SOUTH, RANGE 28 EAST, OSCEOLA COUNTY, FLORIDA, RUN SOUTH 00031' 45" WEST, A DISTANCE OF 25. 00 FEET, ALONG THE EAST SECTION LINE OF SAID SECTION 24; RUN THENCE NORTH 89019' 27" WEST, A DISTANCE OF 1629. 70 FEET PARALLEL TO AND 25. 00 FEET SOUTH OF THE NORTH LINE OF SAID GOVERNMENT LOT 2 TO A POINT ON THE WEST LINE OF THE EAST 1/ 2 OF THE NORTHEAST 1/ 4 OF SAID SECTION 24; RUN THENCE NORTH 00° 31' 45" EAST, A DISTANCE OF 25. 00' ALONG SAID WEST LINE TO A POINT ON THE NORTH LINE OF SAID GOVERNMENT LOT 2; RUN THENCE SOUTH 89019' 27" EAST, A DISTANCE OF 1629. 70 FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING.

CONTAINING 10. 90 ACRES, MORE OR LESS.

PAGE I OF 2 k

a U. J. 192 a

TRACT B

TRACT A

THIS SITE

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i GOVT LOT 2

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SITE LOCATION MAP NOT TO SCALE)

PAGE 2 OF 2 rum3uu3X CATEGORY: Consent

Attachment( s): Developer Service Agreement

APPROVAL OF DEVELOPER SERVICE AGREEMENT FOR SHOPPES AT VISTA DEL LAGO A. K. A. LMG VISTA DEL LAGO PD PARCEL 1

Explanation: The Shoppes at Vista del Lago project, developed by Shoppes at Vista del Lago, LLC, is located on the north side of US 192, west of 1- 4 and is required to enter into a standard Developer Service Agreement (" Agreement") with the Tohopekaliga Water Authority (Authority) as a condition of water, reuse, and wastewater service.

The Special Conditions of the Agreement contain five conditions. Four conditions are standard conditions typically approved by the Executive Director. The remaining special condition requires:

1. TWA' s on- site water and sewer operation and maintenance responsibility shall be limited to the potable and irrigation meters only. With the exception of the water meters on the on- site water and sewer system shall be privately maintained by the DEVELOPER. This includes any previously existing on- site water and/ or sewer infrastructure which is not removed.

Recommendation: Staff recommends approval of the developer service agreement for the Shoppes at Vista del Lago project.

DSA - Shoppes at Vista Del Lago. 09. 13. 06. ge

7C TOHOPEKALIGA WATER AUTHORITY WATER AND WASTEWATER SYSTEM DEVELOPER' S SERVICE AGREEMENT

THIS AGREEMENT made and entered into this_ LUday of ivy , 20DL, by and between the > XVA& S vesT c -v LLC TWA"), an hereafter " DEVELOPER"), and tbHOPEKALIGA WATER AUTHO ITY (" independent " Special District" created pursuant to Chapter 189, Laws of Florida.

RECITALS

1. The DEVELOPER has or is about to develop property by erecting commercial improvements consisting of DPdi CA , described in Exhibit W attached to and incorporated in this Agreement ( the " Property").

2. The DEVELOPER is desirous of prompting the construction and/ or maintenance of central water and wastewater facilities so to receive adequate service.

SECTION 1. RECITALS. The above Recitals are true and correct, and form a material part of this Agreement.

1) " Service'- the readiness and ability on the part of TWA to furnish water and/ or wastewater service to each lot on the Property.

Page 1 SECTION 20. ARMS LENGTH TRANSACTION. Both parties have contributed to the preparation, drafting and negotiation of this document and neither has had undue influence or control thereof. Both parties agree that in construing this Agreement, it shall not be construed in favor of either party by virtue of the preparation, drafting, or negotiation of this Agreement.

SECTION 21 SPECIAL_CONDITIONS. The following Special Conditions are mutually agreed between DEVELOPER and TWA.

1. The DEVELOPER shall provide TWA architectural floor and plumbing plans of the interior spaces within the buildings proposed at Vista Del Lago PO Parcel 1, hereinafter referred to as " Project", for impact fee and hazardous waste assessments prior to water and sewer service initiation. 2. Any food establishments proposed by the Project shall require a grease trap and/or grease interceptor properly sized and in accordance to TWA! s standards and specifications. If the grease trap initially constructed proves to be of insufficient capacity as determined by TWA, it will be required for the DEVELOPER to increase the capacity of the grease trap until an acceptable effective grease trap level of service is provided. 3. Tree plantings shall maintain a minimum of five feet horizontal separation from water and sewer mains and services. Tree plantings that do not meet this minimum distance shall be relocated at the DEVELOPER' s expense. 4. TWA's on-site water and sewer operation and maintenance responsibility shall be limited to the potable and irrigation meters only. The remainder of the on- site system shall be privately maintained by the DEVELOPER. This includes any previously existing on-site water and/or sewer infrastructure which is not removed. 5. The DEVELOPER shall provide TWA site access and utility easements around the potable and irrigation meters for operation and maintenance.

TOHOPEKAUGA WATER AUTHORITY

0 Bruce Van Meter, Chairman

Attest: John E. Moody, Secretary

FOR THE USE AND RELIANCE OF TOHOPEKALiGA WATER AUTHORITY ONLY. APPROVED AS TO FORM.

TWA Attorney

Signed, sea* d and delivered in the Cres of:

x: By: i By:_

CORPORATE SEAL.]

7:0NEL0PaD0MM73.ge5DSA- Vift PO Parcel t dw

Page 10 EXHIBIT A

LEGAL DESCRIPTION ( LOT 2):

A PORTION OF LAND SITUATE IN THE SOUTHWEST 1/ 4 OF SECTION 32, TOWNSHIP 24 SOUTH, RANGE 27 EAST, ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCE AT A POINT SITUATE ON THE ORANGE COUNTY AND OSCEOLA COUNTY LINE, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF THE SOUTHEAST 1/ 4 OF THE SOUTHWEST 1/ 4 SAID SECTION 32; THENCE RUN N00° 12' 59" E ALONG THE WEST LINE OF OF THE EAST 1/ 2 OF THE SOUTHWEST 1/ 4 OF SAID SECTION 32 FOR A DISTANCE OF 116.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF STATE ROAD 530 ( U. S. 192) AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT- OF- WAY MAP, SECTION 75220- 2504, PAGES 8 AND 9 OF 12, DATED 5/ 13/ 1994, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT- OF- WAY LINE CONTINUE N00012' 59" E ALONG SAID WEST LINE A DISTANCE OF 284. 00 FEET; THENCE LEAVING SAID WEST LINE RUN N89° 54' 42" E A DISTANCE OF 923. 63 FEET TO A POINT ON THE WESTERLY RIGHT- OF- WAY LINE OF VISTA DEL LAGO BOULEVARD, BEING A PRIVATE ROADWAY AS SHOWN ON THE UNRECORDED PLAT OF VISTA DEL LAGO PHASE II; THENCE S03 °01' 14" WALONG SAID WEST RIGHT-OF-WAY A DISTANCE OF 280.41 FEET TO A POINT ON THE NORTH RIGHT-OF- WAY LINE OF THE AFOREMENTIONED STATE ROAD 530 (U.S. 192); THENCE ALONG SAID NORTH RIGHT- OF- WAY LINE RUN THE FOLLOWING THREE COURSES AND DISTANCES: S89° 54'42" W A DISTANCE OF 109. 86 FEET; THENCE S00° 05' 18" E A DISTANCE OF 4.00 FEET; THENCE S89° 54'42" W A DISTANCE OF 800.07 FEET TO THE POINT OF BEGINNING.

F.. USERS\ KristyWista Del Lago\ VISTADELL0AG0L0T2. wpd

CATEGORY: Consent

Attachment( s): CSX Supplemental Agreement

APPROVAL OF SUPPLEMENTAL AGREEMENT WITH CSX TRANSPORTATION, INC. FOR THE BVL WATER RECLAMATION FACILITY ABANDONMENT AND FORCE MAIN PROJECT

Explanation: The Board is requested to approve a Supplemental Agreement with CSX Transportation, Inc. ( CSX) for the BVL WRF Abandonment and Force Main project. The route of the proposed force main begins at the BVL WRF, traverses west across the Florida Turnpike, north along Bill Beck Blvd., northwest between RaceTrac and the Napleton Dealership, west along Osceola Parkway, south along the proposed Thacker Avenue and terminates at the Thacker Avenue lift station. The Supplemental Agreement appends the CSX agreement CSX -050157 which was executed by the TWA Board on March 22, 2006. This Supplemental Agreement is required for CSX to approve the revised force main path. The design engineer altered the original force main alignment within the CSX ROW in order to deflect below a fiber optic cable which is located within an abandoned petroleum main. The actual depth of the fiber optic cable in the abandoned petroleum main was not known during the previous design efforts. The actual depth of the conflicting main was determined after the original Agreement was executed. Once the actual depth of the conflicting main was known, the design engineer was able to determine that the force main would be required to be deflected approximately three feet to clear the conflicting main. TWA's attorney has reviewed and approved the Supplemental Agreement language.

Recommendation: Staff recommends approval of the Supplemental CSX Agreement for the BVL WRF Elimination Project.

CSX Agreement - BVL WRF Eli mination. 09. 13. 06. ge

m CSXT Form SUPPLEME - Page 1 Revised August, 2004 e Agreement No. CSX -050157

SUPPLEMENTAL AGREEMENT

THIS SUPPLEMENTAL AGREEMENT, Made as of August 21, 2006, by and between CSX TRANSPORTATION, INC., a Virginia corporation, whose mailing address is 500 Water Street, Jacksonville, Florida 32202, hereinafter called " Licensor," and TOHOPEKALIGA WATER AUTHORITY, a municipal corporation, political subdivision or state agency, under the laws of the State of Florida, whose mailing address is 101 North Church Street, Kissimmee, Florida 34741, hereinafter called " Licensee," WITNESSETH:

WHEREAS, Licensor and Licensee entered into an agreement dated March 10, 2006, covering the ownership, maintenance, use, and operation of a certain pipeline facility( ies), at Kissimmee, Osceola County, Florida (" Agreement"); and

WHEREAS, Licensee desires to increase the bury depth of the Pipeline; and

WHEREAS, Licensor has reviewed Licensee' s application and drawing( s) and has no objection to the proposed increase in bury depth of the Pipeline.

NOW THEREFORE, this Supplemental Agreement, effective August 21, 2006, will serve to amend Agreement, dated March 10, 2006, between Licensor and Licensee, as follows:

The specifications of the Pipeline and/ or its installation are hereby changed as shown on attached Licensee' s application dated August 10, 2006, and Licensee' s Drawing( s) No. RM050157, dated August 14, 2006, attached hereto and made a part hereof.

Except as provided in this Supplemental Agreement, all other terms and conditions of the Agreement shall remain in effect.

IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly signed, sealed and delivered in duplicate.

CSX TRANSPORTATION, INC. TOHOPEKALIGA WATER AUTHORITY LM S.) Print/ Type Name: Who, by the execution hereof, affirms that Print/ Type Title: he/she has the authority to do so and to bind the Licensee to the terms and conditions of this Agreement.

Print/ Type Name: Bruce R. Van Meter

Print/ Type Title: cha; rman Rnard of Supervisor: Tax ID Number: 56- 2378950 FORM CSXT 7455 - Rev. 1/ 0 1105 ( Page 1 of 2)

APPLICATION FOR PIPELINE CROSSING OR PARALLELING PROPERTIES AND TRACK AUG 162046 Submit one original and one copy of both the application and drawing along with a $750.00 nonrefundable Application Fee to CSX Transportation, Property Services J180, 500 Water Street, Jacksonville, FL 32202. Application and plans must be approved and written authority received from the Railroad before construction is begun. Your proposal and construction must be in accordance with CSXT' s Specifications and any current governing laws or regulations. Note: Specifications furnished in the Application Package, are to be used as a guideline only. CSXT reserves the right to approve or decline any application.

PLEASE SIGN BIGFORE COMPLETING: AgreementNo.: CSX - 050157 _ S W-

I affirm the information I am furnishing in his application will comply with the current CSX Standards, governing laws or regul s, dcur tel reflecthe proposed constriction plans: ,}

Signature: Application Date: U

roject Owner Information: 9 Check here if agreement should be mailed to this address

I . Complete Leal Name of applicant as it would appear in a legal document {inaccurate information will delay

your request): Tohopekaliga Water Authority -- 2. Company Contact Name: Mr Robert Pelham, P . E . Title: Assistant Director 3, Telephone: tn 518- 2253 Fax: (40 84? - 7945 E -Mail: RPELFiAMkissirnme . ora Company Emergency Contact Number (in case of derailment, pipe failure, etc.): 4.07- 518- 2 502 34741 4. Street Address: 101 N: Church Street City: 1{ i asimmee State: FT. Zip: - 5. Type of business: Corporation ( State of incorporation ) Partnership ( Type and State of Partnership ) Individual Developer 2 Municipality Other

Check here if agreement should be mailed to this address

6. Company Name: Boyd Environmental Enaineerincr, Inc 7. Company Contact Name: , Tames Q. Boyd . P, . Title: praggi dent - 8. Telephone: 4 07 936- 1257 Fax: ( 40V 936- 21 92 E-Mail:boydenv^ att. net 9. Street Address: City: Lake Mary State:_ IL Zip: -32- 4.fZ

Project Information: ( Note. Metric Information will NOT be accepted.)

10. Is this installation: 9 New Revision to existing Attachment to existing ' Upgrade to existing 11. If not a new installation, furnish existing Agreement Number: 12. If this installation is to be a supplement to your master ( general) agreement, furnish: Agreement Number: CSX - 050157 Date: 3/ 10/ 2006 13. Your Reference Number: N/ A 14. Work to be performed by: Applicant' s employees Is Applicant an Aegis member? Yes No Contractor Contractor Name: N o t y e t e e l c- c t e d StatelProvince: 15. Town Location: Kissimmee County: Osceola— PT.

Form continued on Page 2) FORM CSXT 7455 — Rev. 1/ 01/ 05 ( Page 2 of 2)

ect Information Cont' d:

Flammable: Yes : 1 No 16. Product to be Conveyed: Domestic Wastewater Temperature: 70 Degrees F Hydrostatic 17. Maximum Working Pressure: 20 psi Field Test Pressure: 150 psi Type Test: west & 52' east of c sin - 18. Location of Shut -Off Valves: Valves have been located 35' 19. Number: Manholes N A Other ( describe) to be located within Railroad corridor. Manholes shall be flush with top of ground and dimensions of ancillary structures are required on drawing. 20. Distance from manholes/ other to nearest track: N/ A 21. Angle of Crossing: 7 8 D e g r e e s Number of Tracks to be crossed: 1 CASING PIPE: 22. PIPE SPECIFICATIONS: CARRIER PIPE: Material Ductile Iron Steel Material Specifications & Grade AN s T A 21_ . 51 / AWWA C151 ASTM A139, Grad e Minimum Yield Strength of Material PSI 42, 000 35, 000' 32. 9411 Inside Diameter 20. 8211 0. 53211 Wall Thickness 0. 3911 3419 Outside Diameter 21. 611 Type of Seam N/ A_ Welded Kind of Joints Restrained Mech. Joint N/ A 1021 Total Length Within Railroad R/ W 1021 _ Tunneling ( Liner Plates) Note: Attach manufacturer' s shop detail and computations that include plate thickness and ¢ age. Vents: Number N/ A Size Height above ground Seals: One End Both Ends Bury depth: Base of rail to -top -of casing:_ 10 feet 4 inches Not beneath track : 8 feet 0 inches Below ditches) 8 feet, 10 inches 0 No Cathodic Protection: Yes : W No Protective Coating: Yes ( Kind) : 23. Method of installation: , Ta Ck & Bore ( Note: Directional boring is prohibited. See specs) 900: ft. 24. Location of boring pits from adjacent track @ Launching Pit: 51 ft., Receiving Pit: _ 5 1 _ 25. Temporary track support or riprapping required? Yes A No ( Describe and Detail on Drawing) 26. Wires, poles, obstructions to be relocated? Yes X No ( Describe and Detail on Drawing) 27. Is this both a Crossing and Parallelism? Yes 9 No 28. Crossing location: 1, 000 feet North ( direction) from Railroad Milepost: 8 0 5 If known: Valuation Station: N/ A Valuation Map Number: N/ A If known: Latitude/ Longitude: N/ A If known: Street Address of Crossing/Parallelism: Osceola Pkwy. west of Michigan Ave . 29. Parallelism location: Beginning: N/ A feet ( direction) fiom RR Milepost: and Ending: N/ A feet ( direction) from RR Milepost: 30. Total length on Railroad R/ W: 102' Length Crossing: 1 0 2' Length Paralleling: N/ A 31. Will line be entirely within a public road R/ W? Yes 0 No DOT/ AAR Crossing No.: If you answered yes, road name, number, and width of public right-of-way are required on drawing 2 No 32. a) Will this occupancy connect to an existing facility within Railroad corridor? 0 Yes . b) If Yes, name facility owner( s):

Railroad Use Onh,

No. ofJCrossings: Division Jkt9 Subdivision Fl_ 40 Absolute No.: Q, Valuation Section/ Map No.: Valuation Station: Milepost:

Roadmaster No.: P- 7( Contr. Type: P1Sw)( Fiber? CATEGORY: CONSENT

APPROVAL BID FOR THE PURCHASE OF MINI EXCAVATORS WITH 7 TON TRAILERS ( 2)

ATTACHMENTS: Specifications, written estimate from Highland Turf and Tractor, bid tabulation, and supporting justification for purchase.

Explanation: The Authority is proposing to purchase two ( 2) John Deere Mini Excavators with 7 Ton Trailers, IFB 06- 003 from Highland Turf and Tractor at a total purchase price of $ 63, 600. This equipment will make it easier to install and repair utilities that are hard to reach in confined areas such as narrow utility easements, rear easements of homes or businesses, in or on the side of ditches, tight and narrow roads and road shoulders. These machines are able to fit in areas that normal backhoes will not fit in and are easily transported by our service trucks to job sites where large backhoes have to be transported by heavy equipment transport trailers.

The Authority recommends rejecting the apparent low bid from Tresca Machinery, Inc. due to their unacceptable historical service performance which has been noted by the City's Fleet Maintenance department. The following discrepancies were noted: Poor service response causing our departments to purchase new equipment and replacement parts from another dealer Multiple breakdowns taking equipment out of service Difficulty getting repair parts in a timely manner Equipment stalling at low speeds.

The current John Deere equipment has shown to be more reliable with easier serviceability and has had less down time for repairs. In conclusion, staff recommends purchasing this equipment from Highland Turf and Tractor even though their purchase price is $ 3, 194 more than Tresca Machinery, Inc.

ollows:ollows:

421- 8025-0 536- 61. 94

0 69. 94

Recommendation: Recommendation: Staff Staff recommends recommends approval approval ofof two two( ( 2)2) John John Deere Deere MiniMini Excavators Excavators withwith 77 TonTon Trailers Trailers for for$ $ 63,63, 600.600.

MiniMini Excavatorwith7TonTrailerpurchase. Excavatorwith7TonTrailerpurchase. 09.09. 13.13. 06al06al 7E7E oho Rater. rrthor it

PURCHASING OFFICE 101N. CHURCH STREET KISSIMMEE, FL 34741

ADDENDUM NO. 1

Date: July 6, 2006

To: All Prospective Bidders

Issued By: Adana Lumsden, Purchasing Agent

Subject: IFB 06- 003 Mini Excavators with 7 Ton Trailers

The purpose of this addendum is to provide answers to questions submitted by the specified deadline.

Question and Answer

Q. C& P makes a few different couplers for this class of machine. Can serial numbers off the buckets be provided to ensure the right coupler is submitted?

A. Yes. The serial number off one of the buckets is GR300 600MM 510J. Other serial numbers have been grounded off.

Acknowledgement

Acknowledge your receipt of and compliance with this Addendum is required by referencing its receipt and your compliance in your bid.

ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME

Notice of decision or intended decision concerning a bid solicitation or award will be given by posting the bid tabulation or recommended award at the location where the bids were opened. Failure to file a protest within the time prescribed in S. 120. 53( s), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Steve Cantrell Toho Water Authority Field Operations Bid IBF 06003: Mini Excavators with 7 ton trailer 2 proposals that were received from Tresca Machinery Inc. for JCB 27ZTS mini excavators and Highland Turf & Tractor for John Deere 27D Mini Excavators.

At this time it is my opinion that we do not purchase the JCB 27ZTS mini excavators from Tresca Machinery for the following reasons:

The City Of Kissimmee Public Works Department has 4 JCB rubber tire Backhoes. After speaking with the Drainage Foreman and Personnel that do repairs and maintenance of these Backhoes, they informed of the following problems they have experienced.

A. Poor service response from Tresca Machinery Inc. Causing Public Works to Purchase new Equipment and replacement parts from another dealer in Lakeland, Fl.

B. Multiple breakdowns taking equipment out of service and difficultly getting repair parts in a timely manner.

C. Equipment stalling at low idle speeds.

D. Use of Hydraulic hoses that are not standard thread pattern. These hoses would have to be purchased from the JCB Dealer.

The Field Operations Division experienced many maintenance problems with a JCB Backhoe that was purchased in the late 1980' s. The machine was in for maintenance more than it was used and was traded in earlier than normal because of high maintenance costs.

The Field Operations Division currently has 3 John Deere Backhoes and 1 John Deere front end loader. 2 of the Backhoes and the front end loader are approximately 15 years old and are still in good working order and are used on a daily basis with few mechanical breakdowns.

Although the bid for the John Deere Mini Excavators with trailer are $ 3194. 00 more expensive, I recommend purchasing the John Deere equipment because of easier serviceability , reliability, and less down time for repairs and longevity of current John Deere equipment. cc C c c OO NN E cc 55 UU O ci caca a)a) 01 C a)a) V1V1 a3V C O O 2( D O O O O a w d D

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Attachment( s): Scope, Contract Addendum

APPROVAL OF CONSTRUCTION ADMINISTRATION PROPOSAL FOR POINCIANA BLVD. PH 1 UTILITY RELOCATION PROJECT

Explanation: The Poinciana Blvd Ph 1 Utility Relocation Project will be constructed in conjunction with Osceola County' s widening of Poinciana Boulevard between Oren Brown Road and Pam Road. The County' s widening of Poinciana Boulevard provides an opportunity to upgrade the existing water main in addition to relocating existing utilities that are in conflict with the roadway improvements.

The upgrade of the existing water main consists of installing 11, 060 LF of 20" water main on the west side of Poinciana Boulevard. The relocation work will consist of relocating approximately 330 LF of reuse main, 4, 390 LF of water main, and 5, 190 LF of force main in order to resolve conflicts within the project limits.

Project design has been completed and construction is expected to begin within the month. Dyer, Riddle, Mills, & Precourt, Inc. ( DRMP) has provided a construction administration and post design services proposal for this project. The services proposed include reviewing shop drawings, conducting utility progress meetings, attending alternate weekly roadway progress meetings, interpreting contract documents, coordinating the removal of unsuitable material in existing TWA trenches, processing change orders, processing pay requests, responding to contractor RFIs, providing coordination between the County, TWA, and their contractors, performing substantial and final inspections, coordination with the on- site, full time inspector, preparing the Record Documents, and submitting FDEP clearance applications. The construction contract time is set at 390 days with construction expected to be complete within 300 days. This direct labor cost plus expenses proposal has assumed that construction will last 300 days from the issuance of the notice to proceed.

Project funding will be from W10510, WE0614, W021 10, and WB0419.

Recommendation: Staff recommends approval of the proposal in the amount of 188, 588. 25.

Poinciana Blvd Ph 1 Construction Admin Services. 09. 14. 06. ge

7F Dyer, Ridtile, Mills Precourt, Inc.

Principals Wayne D. Chalifoux Donaldson K. Barton, Jr. Lucius J. Cushman. Jr. Jon S. Meadows Stephen L. Precourt Lawrence L. smith, Jr. September 1, 2006 DRMP Job #04- 0355. 002 William T. Stone

Mr. Robert Pelham, P. E. Deputy Director Tohopekaliga Water Authority 101 N. Church Street, 2nd Floor Kissimmee, Florida 34741- 5054

Subject: Construction Administration Proposal - Poinciana Boulevard Phase I formerly Phase 2) Utility Relocations — Alternate of No CEI Services

Dear Mr. Pelham:

Dyer, Riddle, Mills & Precourt, Inc. ( DRMP) is pleased to provide you with this alternate

proposal to provide construction administration and post design services, without providing Resident Project Representative services, for additions, modifications, and relocations of utilities in conjunction with Osceola County' s widening of Poinciana Boulevard from approximately Oren Brown Road to Pam Road. This project was originally known as Phase 2, but has been renamed by Osceola County as Phase 1.

For this alternative, TWA would be expected to supply their own staff to perform the day- to-day construction inspection and coordination services on the job site. The only services provided by the DRMP CEI Department would be those that have already been accomplished and coordination expected for the next week.

DRMP proposes to perform these services on a " Direct Labor Cost" plus expenses basis, with a not -to -exceed limit without further approval of TWA.

Scope of Services

The attached Scope of Services describes the work to be performed.

1505 East Colonial Drive Orlando, Florida 32803 ProposedP Fee Phone: 407. 896. 0594 Fax: 407.896. 4836 DRMP proposes to perform the work for the following not -to -exceed fee based on Direct Bartow, Florida Charlotte, North Carolina Labor Cost and expenses as defined in the attached Manhour Estimate. Chipley, Florida Columbia, South Carolina DeLand, Florida Construction Administration and Post Design Services Ft. Lauderdale, Florida Ft. Myers, Florida Fee Not to Exceed $ 188, 588. 25 Gainesville. Florida

Jacksonville, Florida Palm Coast, Florida Panama City Beach, Florida Pensacola. Florida Tallahassee, Florida

Tampa, Florida

1. 800.375. 3767 C:\ Documents and Settings\ geversole\ Local Settings\ Temporary Internet Files\ TWA Poinciana Blvd. const. phase services www. dmip. com prop_ altemate no CEI 9. 01. 06. doc Mr. Robert Pelham, P. E. August 22, 2006 Page 2

Schedule

The utility modifications must be coordinated with Osceola County' s schedule for widening of Poinciana Boulevard. Osceola County' s roadway construction schedule has been set with substantial completion of work within 390 calendar days. Due to TWA originally desiring that this project be constructed under a Joint Participation Agreement JPA) with Osceola County, the same 390 day calendar day schedule was written into the TWA utility construction documents contract. As it is expected that the utility construction work will actually be completed in a shorter period than that, this proposal for DRMP construction administration and post design services has been prepared based on a construction period of 300 calendar days from issuance of Notice to Proceed to the Contractor until final completion of the construction. If construction of the utilities is not completed within 300 calendar days from actual first start of construction by the contractor, services will be extended based on the amount of $500. 00 per workday until the project has been inspected and judged to have met " final completion".

We have included with this proposal two copies of proposed Addendum # 3 to our Agreement with TWA. We can not find a signed copy of the Agreement, but it was executed by DRMP on July 6, 2004, and Purchase Order # 02034, dated July 21, 2005, was issued for the work under Addendum # 1. If this document is acceptable to you, please sign and return one copy to us for our records.

It is our pleasure to be able to provide construction administration and post design services to you. If you have any questions, please contact us.

Sincerely, Dyer, Riddle, Mills & Precourt, Inc.

Michael J. Henry, P. E. Lucius J. Cushman, Jr., P. E. Senior Project Manager Vice President

CC: Bill Smoot, P. E. ( DRMP) Steve Precourt, P. E. ( DRMP) George Eversole, E. I. ( TWA)

C:\ Documents and Settings\ geversole\ Local Settings\ Temporary Internet Files\ TWA Poinciana Blvd. const. phase services prop alternate no CEI 9.01. 06.doc EXHIBIT B — SCOPE OF ENGINEERING SERVICES

TOHOPKALIGA WATER AUTHORITY POINCIANA BOULEVARD PHASE 1 ( FORMERLY KNOWN AS 2) UTILITY RELOCATIONS DYER, RIDDLE, MILLS & PRECOURT, INC. CONSTRUCTION ADMINISTRATION AND POST DESIGN SCOPE OF SERVICES — ALTERNATIVE OF NO RESIDENT INSPECTION SERVICES 9/ 01/ 06

SCOPE OF SERVICES

General

Dyer, Riddle, Mills & Precourt, Inc. ( DRMP) provided consulting engineering services to the Tohopekaliga Water Authority (TWA) related to design, permitting, and bidding for construction of water, wastewater, and reclaimed water improvements, relocations, replacements, and additions within the areas to be affected by Osceola County' s widening of Poinciana Boulevard from approximately Oren Brown Road to Pam Road. These services were provided under an Agreement with the TWA. We can not find a signed copy of the Agreement, but it was executed by DRMP on July 6, 2004, and Purchase Order # 02034, dated July 21, 2005, was issued for the work under Addendum # 1.

The design, permitting, and bidding phases are complete and construction is about to commence. DRMP proposes to provide construction administration services to TWA as needed during the duration of the construction work. The project team will be the same that developed the construction documents, prepared permit applications, and provided bid phase services. In addition, in the early stages of the construction phase, a Senior Construction Engineer and a Resident Project Representative ( RPR) have been assigned to the work to assist with the start of construction. This Scope of Services is prepared as an alternate to the base proposal. In this alternative, DRMP will not provide resident inspection services beyond the initial startup services. It will be the requirement of TWA to supply the day-to-day construction inspection with their own staff.

This work is proposed in accordance with the following planned services.

Construction Administration and Post Desipan Services

This phase of work will include the following tasks: Bind the addenda and completed bid and contractual documents into the Conformed Project Manual and provide copies of it and the construction drawings to TWA and the Contractor. Prepare for, attend and chair a preconstruction conference to be held at TWA' s offices, as well as the roadway construction preconstruction conference scheduled by Osceola County. Provide miscellaneous other preconstruction services necessary to get the contractor started. Construction Progress Meetings will be held and attended by the Project Engineer on a regular basis, with periodic attendance by the Project Manager. Construction Progress Meetings are expected to be held on a bi-weekly basis. Poinciana Boulevard roadway construction weekly progress meetings will be held by Osceola County and will be attended by the Project Engineer every second week during TWA construction, with periodic attendance by the Project Manager. The Senior Construction Engineer will attend the first four of these meetings. The Project Engineer will spend approximately 3 hours per week plus travel time on the job site observing the construction by the TWA Contractor, with the Project Manager visiting the site once per month. DRMP will provide contract document interpretation and address RFI' s from the Contractor. DRMP will provide necessary coordination and document preparation regarding the removal and replacement of unsuitable material beneath and over TWA utility pipes. DRMP will provide shop drawing review and approval ( or rejection) upon submittal by the Contractor. DRMP will assist TWA with review and analysis of proposed Change Orders and provide Field Orders and revised contract documents as determined necessary. DRMP will perform one substantial completion inspection, one interim final inspection, and one final inspection of the construction. The substantial completion inspection will include preparation of a substantial completion form with attached punch list of items requiring work prior to final completion. Upon receipt of TWA Resident Inspector approved quantities, DRMP will review contractor' s partial and final pay requests for accuracy of installed facilities and materials stored on site and will recommend the level of payment to TWA for action. A total of 1 I pay requests have been included in the proposal. Coordination with TWA and their Resident Inspector will be provided throughout the

construction contract. Once construction is substantially completed and the contractor has submitted as -built construction drawings, DRMP will prepare official Record Drawings based on the contractor as -built drawings to indicate field changes made by the contractor and shown on the as -built drawings. Certification of completion documents will be completed and submitted to FDEP, along with any necessary Record Drawings, so that FDEP can clear the pipelines for use. It is assumed that there will be multiple certifications required based on the contractor' s sectionalization of the work. Up to ten ( 10) separate partial potable water certifications, and nine ( 9) wastewater/ reclaimed water certifications are assumed. DRMP will provide TWA with copies of the Record Drawings for their files. These will include one set of mylar sepias, two sets of paper prints, and one electronic file of the work in AutoCAD format ( converted from the original MicroStation format).

Client Responsibilities

Tohopekaliga Water Authority will be responsible for: Any final contractor negotiations, after DRMP has provided review and recommendations. Prompt attention to matters requiring TWA review and approval. The location for holding bi-weekly construction progress meetings ( either at their facilities or those provided by the TWA contractor). Providing day-to-day construction inspection services, including approval of invoiced quantities for partial and final pay requests. Processing of contractor pay requests once reviewed and recommended for approval by DRMP. Prompt review, approval and payment of DRMP monthly invoices for services rendered during the construction.

FEE

DRMP proposes to perform the above Scope of Services for a fee not to exceed 188, 588. 25

SCHEDULE

The utility modifications must be coordinated with Osceola County' s schedule for widening of Poinciana Boulevard. Osceola County' s roadway construction schedule has been set with substantial completion of work within 390 calendar days. Due to TWA originally desiring that this project be constructed under a Joint Participation Agreement { JPA} with Osceola County, the same 390 day calendar day schedule was written into the TWA utility construction documents contract. As it is expected that the utility construction work will actually be completed in a shorter period than that, this proposal for DRMP construction administration and post design services has been prepared based on a construction period of 300 calendar days from issuance of Notice to Proceed to the Contractor until final completion of the construction. If construction of the utilities is not completed within 300 calendar days from actual first start of construction by the contractor, services will be extended based on the amount of $500. 00 per workday until the project has been inspected and judged to have met " final completion". I -- Cl) O a zz O

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O F— yGNUDammCt) to00eeoCom")Cip pOp000rnLmTowowmTac)ac) OgmwOgmwmmOm• cmwCgpymoo-pcpcCgpymoo-vw TOHOPEKALIGA WATER AUTHORITY AUTHORITY ADDENDUM ADDENDUM #: 3

DATE: SEPTEMBER 1, 2006 AMENDMENT: I I Per the terms, conditions, and specifications of the Tohopekaliga Water Authority with Dyer, Riddle, Mills & Precourt, Inc.

engineer) for Professional Engineering and Surveying Services for Utility Modifications in Conjunction with Reconstruction and Widening of Poinciana Boulevard, Oren Brown Road to Pam Road the following described project) changes are agreed to and are hereby accepted and incorporated:

DESCRIPTION OF ASSIGNMENT: Provide construction administration and post design services for the above described project, without resident inspection services.

FORM OF COMPLETED DELIVERABLES: Record drawings based on asbuilt drawings provided by the contractor upon completion of construction ( I set of reproducible mylars, 2 sets of paper prints, and one electronic file of the drawings in AutoCAD format);

Certification of Construction Completion forms with necessary record drawings for submittal to FDEP for clearance to use newly constructed pipelines.

BASIS OF PAYMENT: Services shall be made on the basis of Direct Labor Costs

method of compensation) method in accordance with the Agreement, the total not to exceed S 188, 588. 28 without further authorization from the Tohopekaliga Water Authority.

ESTIMATED DATE OF COMPLETION: This assignment shall be completed within 300 calendar days ( See Exhibit B for details) from the Notice to Proceed date of the Contractor, or N/ A calendar days from receipt of Tohopekaliga Water Authority provided information which will enable the Engineer to proceed with this work

assignment.

Previous Contract Total Dollars: S 137, 863. 70

NET Dollars for this Change ( Addition): S 188, 588. 25

NET CONTRACT TOTAL DOLLARS: S 326,451. 95

Accepted By: 02EMMIM

signature) signatuw) Title/ Position: U6162MEM

sipatum)

Engineer:

signature) Approved as to Form and Legality:

signature) CATEGORY: Consent

Attachments: Developer' s Service Agreement; Competitive Bids and Letter of Recommendation from Hanson, Walter and Associates; Invoices and Proof of Payment for Appraisals; Design Contract

APPROVAL OF THE AGREEMENT FOR REIMBURSEMENT OF COSTS FOR THE DESIGN AND CONSTRUCTION OF THE LAKE AUSTIN FORCE MAIN AND LIFT STATION

Explanation: The City of Kissimmee and Orange County entered into an agreement in February 1990 for the City to provide water and wastewater service to the development in southwest Orange County. The agreement, transferred to TWA, requires TWA to construct a lift station and force main to serve Orange County within 24 months of notice to proceed from the County, with Orange County reimbursing the Authority engineering and construction costs up to $ 2, 250, 000. 00. The project timing and schedule is driven by developers' interests in that section of Orange County.

The initial Orange County project that will be served by this force main and lift station is Grande Palisades ( formerly Lake Austin). The Grande Palisades design engineer, Hanson, Walter and Associates, is also a TWA Continuing Consultant design engineer.

Staff, with the assistance of TWA' s attorney, has negotiated an agreement with the Grande Palisade developer, Lake Austin Properties I, LTD., for the design of the force main and lift station by Hanson, Walter and Associates with a construction contractor to be selected by competitive bid. The agreement requires that the design and construction meet TWA' s standards and enables the Grande Palisades developer to control the schedule. The competitive bidding process meets the Authority' s and Orange County' s requirements.

The Hanson, Walter and Associates design fees, which include surveying, geotechnical, environmental services, permitting, design and post design services, are $ 229, 385. 00. Appraisals were completed for properties along Avalon Rd. in the event the force main was required to be located in easements; the cost of the appraisals was $ 26, 400. 00. The project was bid and three bids were received. One bid from R& J Site Development was disqualified as the contractor did not utilize the bid form and it was determined that the bid did not include all of the bid items. The low responsive bidder was determined to be JR Davis Construction with a bid amount of $ 1, 317, 603. 65.

FZ This project will be temporarily funded by wastewater impact fee reserves until TWA receives the Orange County reimbursement.

Recommendation: Staff recommends approval of the Developer' s Service Agreement for the construction of the Lake Austin Development force main and lift station with a reimbursement of $ 1, 573, 388. 65 in the total amount of the design fees, appraisal fees and contractor' s bid and a construction contingency fund of 5% in the amount of 66, 000. 00.

Lake Austin FM & LS Developers Agreement. 09. 13. 06. DB Purposes Only

THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO:

Donald T. Smallwood, Esq. Tohopekaliga Water Authority 101 N. Church Street, 5th Floor Kissimmee, FL 34741 407) 518- 2311

TOHOPEKALIGA WATER AUTHORITY/ LAKE AUSTIN PROPERTIES I, LTD. AGREEMENT

THIS AGREEMENT is made this _ day of , 2006, by the TOHOPEKALIGA WATER AUTHORITY, an independent special district created under the laws of the State of Florida ( hereinafter the " Authority") and LAKE AUSTIN PROPERTIES I, LTD., a limited partnership ( hereinafter the " Owner").

RECITALS:

1. WHEREAS, the Owner owns certain real property which is located in Orange County, Florida and is legally described on Exhibit " A," attached to and incorporated in this Agreement (hereinafter the " Lake Austin Property") on which the Owner intends to develop a multi -building residential condominium project (the " Grande Palisades Development'); and 2. WHEREAS, the Authority, by and through the City of Kissimmee, has entered into that certain City of Kissimmee/Orange County Water & Wastewater Territorial Agreement dated October 29, 1994 which has been subsequently modified by virtue of that certain Wholesale Wastewater Letter Agreement ( the " Letter Agreement') entered into between the City

1 of Kissimmee and Orange County on December 5, 2000 ( as modified the " Wastewater Agreement") which authorizes the Authority to provide service; and 3. WHEREAS, under the terms and conditions of the Wastewater Agreement, the Authority is obligated to construct the Hartzog Road Interconnect Infrastructure ( as that term is defined in the Wastewater Agreement); and

4. WHEREAS, the Engineers ( as defined below) have prepared the Plans and Specifications ( as defined below) for the construction of a portion of the Hartzog Road Interconnect Infrastructure which are identified thereon as the " Avalon Road/ CR 545 Forcemain and Lift Station" ( hereafter the " Forcemain and Lift Station Improvements") which Plans and

Specifications depict all of the wastewater facilities and improvements associated therewith; and

5. WHEREAS, in order to ensure that the Forcemain and Lift Station Improvements are constructed and completed in a timely manner, the Owner, subject to the terms and conditions set forth herein, desires to design and build the Forcemain and Lift Station

Improvements on behalf of the Authority and the Authority, subject to the terms and conditions set forth herein, desires to have the Owner construct the Forcemain and Lift Station

Improvements the design, permitting and construction of which shall be subject to the Authority' s review, inspection and approval; and 6. WHEREAS, the Owner acknowledges that Authority' s obligation to construct and/ or serve the Lake Austin Property is subject to the terms and conditions of the Wastewater

Agreement; and

7. WHEREAS, the Owner acknowledges that the agreement is not intended to be a third party beneficial obligation on the part of the Authority to the Owner, but a direct contract for constructing the Forcemain and Lift Station Improvements; and

8. WHEREAS, The parties now desire to enter into this Agreement for the purposes of setting forth their respective rights, obligations, and duties.

Now therefore, in consideration of the matters set forth in the Recitals above, the mutual covenants and conditions contained herein, and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties, intending to be legally bound, hereby agree as follows:

ki SECTION 1. RECITALS. The matters set forth in the Recitals above are true and correct, in all material respects and are adopted and incorporated herein as a material part of this

Agreement.

SECTION 2. DEFINITIONS. In construing this Agreement, the following words, phrases, and terms shall have the meanings indicated unless the context requires otherwise:

2_1 " Agreement" means this Tohopekaliga Water Authority Lake Austin Property Holdings, Inc., as it may be hereafter amended from time to time. 2_2 " Authority" means the Tohopekaliga Water Authority, an independent special district created under the laws of the State of Florida.

2_3 " Bich' means a written bid for the construction of the Forcemain and Lift Station Improvements pursuant to the Plans and Specifications which has been submitted to the Owner by a duly licensed and qualified general contractor and which has been prepared in accordance with the requirements, if any, of the Authority for such bids. 2_4 " Connection Point" shall have the meaning set forth in the Wastewater Agreement.

2_5 " Contract Price" means the total amount of money owed by the Owner to the General Contractor for the contract amount and any approved change orders by the Authority.

2_6 " Contractor" means a general contractor who has been selected by the Owner as the lowest responsible bidder and subject to approval by the Authority and who is duly licensed by the all governmental authorities whose license is required in order to lawfully construct.

2_7 " Design Fees" means those professional fees charged by the Engineers to the Owner for the preparation of the Plans and Specifications which may or have been approved, in writing, by the Authority.

2_8 " Engineers" means Hanson, Walter & Associates, Inc.

2_9 " General Contract" means the contract which has been entered into between the Owner and the Contractor and approved in writing by the Authority for the construction of the Forcemain and Lift Station Improvements in accordance with the Plans and Specifications, the terms and conditions set forth in this Agreement and the requirements, if any, which are set forth in the Wastewater Agreement.

3 2. 10 " Hartzog Road Interconnect Infrastructure" shall have the meaning set forth in the Wastewater Agreement.

2. 11 " Payment Request" means a request, made by the Contractor pursuant to the terms and conditions of the General Contract and utilizing the then current Authority' s approved Request for Payment form or similar document, for a progress or final payment which has been approved, in writing, by the Owner and Engineers, and Authority. 2. 12 " Plans and Specifications" means those final documents, drawings plans and specifications for the construction of the Forcemain and Lift Station Improvements which have been prepared by the Engineers, are described generally as the " Construction Plans for Avalon Road CR 545 Force main and Lift station" and which have been approved in writing by the Authority and all governmental authorities and bodies politic having jurisdiction over the approval thereof.

2. 13 " Responsible Party" means the person who, pursuant to the terms and conditions set forth in Paragraph 4 of the Wastewater Agreement is deemed to own, and is responsible for the ongoing operation and maintenance of, any portion of the Hartzog Road Interconnect Infrastructure.

SECTION 3. DESIGN. PERMITTING AND CONSTRUCTION OF THE

FORCEMAIN AND LIFT STATION IMPROVEMENTS. The design, permitting, and construction of the Forcemain and Lift Station Improvements shall be accomplished in material compliance with and subject to the following terms and conditions:

3_ 1 Approvals Prior to Commencement of Construction. The Owner shall provide the design, obtain the necessary permits and approvals for, and construct the Forcemain and Lift Station Improvements in compliance with the applicable Authority standards, the Plans and Specifications, the terms and conditions set forth in the Wastewater Agreement which are applicable thereto if any and State law requirements. All Design Fees, Bids, selection of the General Contractor, the terms and conditions of the General Contract and all costs associated with the construction of the Forcemain and Lift Station Improvements must be approved by the Authority prior to commencement of construction by the Owner. The Authority acknowledges and agrees that the Owner has engaged the services of the Engineers as its civil engineers for the purposes of designing the Forcemain and Lift Station Improvements. The Authority further acknowledges that ( i) the Engineers have already prepared certain preliminary plans and

4 specifications for the construction of the Forcemain and Lift Station Improvements which are

identified as the " Construction Plans for Avalon Road CR 545 Force Main and Lift Station." The costs and expenses associated with such design work are hereby approved as Design Fees hereunder.

3_2 Authority Review, Inspection and Approval. The design, permitting, and construction of the Forcemain and Lift Station Improvements shall, at all times, be subject to the Authority' s review, inspection, and acceptance.

3_3 Competitive Bids. In connection with the construction of the Forcemain and Lift Station Improvements, the Owner shall be required to obtain three competitive Bids. Thereafter, the Owner shall award the General Contract to the contractor who has submitted the lowest responsive and responsible Bid which has been approved by the Authority. 3_4 Easement and Right —of Way- The Authority shall not be required to acquire such temporary construction easements, permanent easements, licenses and or rights of way within the Lake Austin Property, all of which the Owner shall provide in accordance with the terms and conditions set forth in Section 4 below.

3_5 Maintenance Bond. The Owner shall provide a one ( 1) year maintenance bond ( the " Maintenance Bond") for the Forcemain and Lift Station Improvements with the applicable Responsible Party as the beneficiary commencing from the date of final approval thereof by the Authority.

SECTION 4. ACCEPTANCE OF THE FORCEMAIN AND LIFT STATION IMPROVEMENTS. Upon acceptance by the Authority of all or any portion of the Forcemain and Lift Station Improvements pursuant to Section 5 hereof, such accepted Forcemain and Lift Station Improvements shall thereafter be owned, maintained and operated by the appropriate Responsible Party. The Owner shall ( i) be deemed to have surrendered control of such approved Forcemain and Lift Station Improvements upon such acceptance to the applicable Responsible Party and ( ii) promptly execute such documents as may be reasonably required by such Responsible Party in order to ( x) vest lawful title to the applicable portion( s) of the Forcemain and Lift Station Improvements in such Responsible Party and/or ( y) provide such Responsible party with all easements and rights of way required to lawfully operate and maintain the portion, if any, of the Forcemain and Lift Station Improvements lying within the Lake Austin Property. SECTION 5. PAYMENT. The Authority shall pay the Contract Price to the Owner, in the manner set forth herein.

5_1 Payment Requests. Each month not later than fifteen ( 15) business days following the end of the prior month, the Owner shall submit a Payment Request to the Director of the Authority or his designee and to Orange County which list the costs and expenses incurred by the Owner during the applicable pay period in connection with the construction of the Forcemain and Lift Station Improvements. Each Payment Request shall also summarize the total of all of the improvements, including the pipe, actually installed and delivered in the prior month for accounting clarity. Authority shall after approval promptly pay the Owner the total of all of

the costs and expenses set forth on such Payment Request less ten ( 10%) percent of such total

sum as retention described below.

5_2 Approval of Payment Requests. Each Payment Request shall be promptly reviewed and must be approved by the Director of the Authority prior to the issuance of any payment thereof by the Authority. Each payment to the Owner hereunder shall be issued by the Authority not later than thirty ( 30) days after receipt of each Payment Request, except when written notice of any reasonable objection thereto is promptly given by the Authority to the Owner. Such notice will be given within ten business ( 10) days following the Authority' s receipt of the applicable Payment Request. If such a notice is timely delivered by the Authority to the Owner, then the Owner will provide explanation and f wther support if needed within five ( 5) business days after receipt thereof. The Authority will then issue payment within fifteen ( 15) business days thereafter if resolved and if not the process will be repeated until resolved.

5_3 Retainage. The Authority shall retain ten ( 10%) percent of the payment due the Owner under each Payment Request hereunder until the Authority has made its final inspection and approval and until FDEP has issued a " Clearance" to place the applicable

Forcemain and Lift Station Improvements in service. The Authority will then issue its approvals of this final payment not later than fifteen ( 15) business days after such final inspection and approval of the construction or receipt of a Payment Request seeking final payment whichever is later, which approval shall not be unreasonably withheld, conditioned or delayed. The Authority shall perform any inspection necessary to approve final payment to Owner within fifteen ( 15) days after notice from Owner that construction is complete and ready for inspection. The actual payment will be made upon such approval not later than fifteen ( 15) business days of such

0 approval. Notwithstanding the above, any unresolved construction issue or payment issue which exist prior to final pay request that is not resolved in the final payment request shall survive the final payment and each party may pursue such rights it deemed it may have under this Agreement.

SECTION 6. COVENANT RUNNING WITH THE LAND. The obligations imposed by this Agreement constitute a covenant running with the Lake Austin Property in accordance with the terms and conditions herein. This covenant shall be binding upon all heirs, successors, and assigns of all or any portion of the Lake Austin Property. SECTION 7. RECORDATION OF AGREEMENT. The parties hereto agree that an executed copy of this Agreement shall be recorded, at the expense of the Owner, in the Public Records of Orange County, Florida, The Authority agrees that, from time to time at the request of the Owner and provided that the Authority determines facts are such as to enable the Authority to do so, the Authority shall execute and deliver to the Owner such documents or such instruments ( in recordable form) as may be reasonably required in order to manifest on the Public Records of Orange County, Florida, the fact that the Owner has satisfied and fulfilled its duties and obligations under this Agreement either in whole or in part. The Owner shall be entitled to record at its expense any such documents or instruments as may be so executed and delivered by the Authority in the Public Records of Orange County, Florida. SECTION 8. APPLICABLE LAW. This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida.

SECTION 9. SEVERABILITY. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of this Agreement if the rights and obligations of the parties contained therein are not materially prejudiced and if the intentions of the parties can continue to be effected. To that end, this

Agreement is declared severable.

SECTION 10. TIME OF THE ESSENCE. Time is hereby declared of the essence in the performance of the duties and obligations of the respective parties pursuant to this

Agreement.

SECTION 11. FORCE MAJEURE. Neither party shall be liable or responsible to the other party by reason of such party' s failure or inability to perform a duty, obligation or

7 responsibility of such parry hereunder if such failure or inability is directly or indirectly caused by force majeure. The term " force majeure" as employed herein shall mean acts of god, strikes, lock -outs, or other industrial disturbance, acts of public enemies, war, acts of terrorism, blockades of or damage to machinery, pumps, or pipe lines, landslides, earthquakes, fires, storms, floods, or washouts, arrests, title disputes, or other litigation, governmental restraints of any nature whether federal, state, city, municipal or otherwise, civil or military, civil disturbances, explosions, failure or inability to obtain necessary materials, supplies, labor or permits or governmental approvals whether resulting from or pursuant to existing or future rules, regulations, orders, laws or proclamations whether federal, state, city, municipal or otherwise, civil or military, or by any other causes, whether or not of the same kind as enumerated herein, not within the sole control of such party and which by exercise of due diligence such party is unable to overcome.

SECTION 12. SPECIFIC PERFORMANCE. The Authority and Owner shall have the right in addition to any other legal and equitable remedies otherwise available to them to specifically enforce this Agreement.

SECTION 13. WAIVER OF JURY TRIAL LEGAL COSTS VENUE. Each party does hereby waive trial by jury in any action, proceeding or claim which may be brought by either of the parties hereto against the other on any matters concerning or arising out of this Agreement. In any such action, each party shall be responsible for its own fees and charges for attorneys, engineers, architects and other professionals and court costs, including those incurred in appellate proceedings. Venue of all actions founded upon this Agreement shall lie in Osceola County, Florida.

SECTION 14. ENTIRE AGREEMENT' MODIFICATIONS. This instrument constitutes the entire Agreement between the parties and supersedes any previous discussions, understandings and agreements. Modifications to and waivers of the provisions herein set forth may be made only by the parties hereto in writing. IN WITNESS WHEREOF, the parties hereto have hereunder executed this Agreement on

the date and year first above written.

Signed, sealed and delivered in the presence of THE TOHOPEKALIGA WATER AUTHORITY

By: Bruce R. Van Meter, Chairman

Attest:

John E. Moody, Secretary

STATE OF FLORIDA COUNTY OF OSCEOLA

The foregoing instrument was acknowledged before me this _ day of 2006, by Bruce R. Van Meter who is acting in his capacity as Chairman of The Tohopekaliga Water Authority.

Signature ofNotary Public

Print Notary Name) My Commission Expires: AFFIX NOTARY STAMP Commission No.: Personally known, or Q Produced Identification Type of Identification Produced

0 Attest: LAKE AUSTIN PROPERTIES I, LTD., a Florida limited partnership

By GFD, INC. a Florida corporation as its general partner

UAN __. By Secretary U Name: Paul Oxley Title: President 44-t) SRy csxt o

Address: 3050 Michigan Street Kissimmee, Florida 34744

STATE OF FLORIDA COUNTY OF OSCEOLA

The foregoing instrument was acknowledged before me this Z!! day of ` i , 2006, by Paul Oxley acting in his capacity as president of GFD, INC. a Florida corporation which is acting as the general partner of Lake Austin Properties I, Ltd., a Florida limited partnership. He is personally known to me or has produced a valid driver' s license as identification.

Notary Public; State of Florida Print Name: U *A j! % My Commission Expires: - t- q4, kk - t My Commission No.:

R, V. Marks Gommission # ppE1085 Expiros March, ,

10 EXHIBIT " A"

PARCEL 1

THE EAST 1/ 2 OF THE SOUTH 1/ 2 OF THE SOUTHWEST 1/ 4 OF SECTION 30, TOWNSHIP 24 SOUTH, RANGE 27 EAST, LYING AND BEING IN ORANGE COUNTY, FLORIDA.

Less and except the following described lands:

A PARCEL OF LAND LYING IN SECTION 30, TOWNSHIP 24 SOUTH, RANGE 27 EAST, OSCEOLA COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGIN AT THE NORTHEAST CORNER OF THE SOUTHWEST 1/ 4 OF THE SOUTHWEST 1/ 4 OF SAID SECTION 30; THENCE RUN SOUTH 00°33' 18" WEST ALONG THE EAST LINE OF THE SOUTHWEST 1/ 4 OF THE SOUTHWEST 1/ 4 OF SAID SECTION 30, A DISTANCE OF 1, 322. 44 FEET TO THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/ 4 OF THE SOUTHWEST 1/ 4; THENCE RUN SOUTH 89° 29' 39" WEST ALONG THE SOUTH LINE OF SAID SOUTHWEST 1/ 4 OF THE SOUTHWEST 1/ 4, A DISTANCE OF 61. 19 FEET TO THE SOUTHWEST CORNER OF THE EAST 1/ 2 OF THE SOUTH 1/ 2 OF THE SOUTHWEST 1/ 4 OF SAID SECTION 30; THENCE RUN NORTH 00024' 43" EAST ALONG THE WEST LINE OF EAST 1/ 2 OF THE SOUTH 1/ 2 OF THE SOUTHWEST 1/ 4, A DISTANCE OF 1, 322. 41 FEET TO THE NORTHWEST CORNER OF SAID EAST 1/ 2 OF THE SOUTH 1/ 2 OF THE SOUTHWEST 1/ 4 OF SECTION 30; THENCE RUN NORTH 89029' 58" EAST ALONG THE NORTH LINE OF THE SOUTHWEST 1/ 4 OF THE SOUTHWEST 1/ 4 OF SAID SECTION 30, A DISTANCE OF 64. 49 FEET TO THE POINT OF BEGINNING.

PARCEL II

THAT PART OF THE SOUTHWEST 1/ 4 OF THE SOUTHEAST 1/ 4 OF SECTION 30, TOWNSHIP 24 SOUTH, RANGE 27 EAST THAT LIES WEST OF HIGHWAY, KNOWN AS STATE ROAD 545, LESS THE NORTH 712. 4 FEET THEREOF, LYING AND BEING IN ORANGE COUNTY, FLORIDA.

PARCEL 111

THE NORTHEAST 1/ 4 OF THE NORTHWEST 1/ 4 OF SECTION 31, TOWNSHIP 24, RANGE 27 EAST, LESS THE SOUTH 30 FEET FOR A COUNTY ROAD RIGHT- OF- WAY, LYING AND BEING IN ORANGE COUNTY, FLORIDA.

PARCEL IV

THAT PORTION OF THE NORTH 1/ 2 OF THE NORTHEAST 1/ 4 OF SECTION 31, TOWNSHIP 24 SOUTH, RANGE 27 EAST, ORANGE COUNTY, FLORIDA, LYING WEST OF STATE ROAD 545; SUBJECT TO THE RIGHT-OF-WAY FOR COUNTY ROAD OVER THE SOUTH 30 FEET THEREOF.

PARCEL V

THE NORTH 561. 40 FEET OF THE SW 1/ 4 OF THE SE 1/ 4 OF SECTION 30, TOWNSHIP 24 SOUTH, RANGE 27 EAST, LYING WEST OF S. R. 545, ORANGE COUNTY, FLORIDA.

PARCEL VI

THE SOUTH 151 FEET OF THE NORTH 712. 4 FEET OF THE SW 1/ 4 OF THE SE 1/ 4 OF SECTION 30, TOWNSHIP 24 SOUTH, RANGE 27 EAST, LYING WEST OF S. R. 545, ORANGE COUNTY, FLORIDA. HANSON, WALTER & ASSOCIATES, INC. PROFESSIONAL ENGINEERING, SURVEYING & PLANNING

August 14, 2006

Ms. Deb Beatty Tohopekaliga Water Authority 101 N. Church Street, 2nd Floor Kissimmee, FI, 34741

Re: Avalon Road ( C.R. 545) Force Main & Lift Station HWA ##4072- 03

Dear Ms. Beaty:

Please find attached the three ( 3) bids for the subject project along Avalon Road. The bids were based upon a bid form provided to the contractors to maintain consistency among the bids. The contractors were instructed to utilize the bid form with the quantities and line items provided by Hanson, Walter & Associates, Inc.

R & J Sitc Development, Inc. had the lowest bid at $ 1, 257, 924. 00 followed by Jr. Davis Construction Company, Inc. at $ 1, 317, 603. 65 and. Utility Systems Construction, Inc. at 1. 318, 720. 00. However, R & J Site Development did not provide unit prices anddi4 not utilize the prescribed quantities and line items provided in the bid form as the ober t"x") contractors did.

1 spoke with R & J Site Development and asked if unit prices could be provided to assist its in comparing the bids. I was told that R & J Site Development does net release their unit prices because they do not want certain items to be negotiated with other bidders. I also asked if' certain line items that were not specifically listed in their bid were indeed included within the overall price. I was told that they did not know at that time and would have to go back and go through their calculations. I was also asked to send another copy of the bid form for them to check into this matter which I promptly sent. Over the next couple of days I left a couple of follow up messages to see if they have made any progress and never heard anything back. The timing and schedule of this prefect was bccomina more critical each week and we were asked to make a bid recommendation with the information at hand. We felt that the R & J Site Development Bid should be omitted ! or being an incomplete and unresponsive bid, however we wanted to be able to recommend a low bidder with a complete bid and decided to equalize the bids for this purpose.

400 W. Emmett Street • Kissimmee, Florida 34741- 5481 • Phone: 407- 847- 9433 Engineering Fax: 321- 442- 1045 • Surveying Fax: 407- 847- 2499 • Email: hwa@hansonwalter. com Website: www. hansonwalter. com Ms. Deb Beatty August 14, 2006 Page 2 of 2

In an effort to equalize R & J Site Development' s bid with the others, the bid was reviewed for any apparent deficiencies. Line item' s such as retaining wall and 76 LF of 16" DIP force main were not included in the R & J Site Development bid. In order to provide a unit price for these and other missing items, we used an average of the unit prices from the other two bidders. The following table summarizes the missing items and the additional cost that should be added to the R & J Site Development bid:

Item Frire Retaining Wall 20, 869. 82 76 LF of 16" DIP Force Main 5, 355. 76 Lift Station Testing 2,455. 88 2- 16" 45 degree Bends 3, 576. 42 1- 20" 45 degree Bend 3, 384. 36 Force Main Testing 8, 008. 67 Temporary Asphalt Lane 12, 766. 50 Geotechnical Testing 3, 648. 56 Total: j $ 60, 065. 93

The total amount of the missing line items was added to R & J Site Development bid and is shown below with the other two bids for comparison and recommendation. The equalized. bids are as follows:

Jr. Davis Construction $ 1, 317, 603. 65 R & J Site Development $ 1, 317, 989. 93 Utility Systems Construction $ 1, 318, 720. 00

Based upon the lowest bid, we recommend the contract for this project be awarded to Jr. Davis Construction. Please utilize the unit cost and bid items provided by Jr. Davis Construction for the preparation of the Developer' s Agreement for the subject project.

If you should have any questions, please contact our office at ( 407) 847- 9433.

Sincerely,

Mark Vincutonis, P. F. Attachements

HANSON. WALTER & ASSOCIATES. INC. r7 , PROFESSIONAL ENGINEERING, SURVEYING & PLANNING 400 W. Emmett Street • Kissimmee, Florida 34741- 5 481 • Phone: 407- 847- 9433 Engineering Fax: 321- 442- 1045 • Surveying Fax: 407- 847- 2499 Email: hwa0hansonwaRer. com • Website: www. hansonwatter. com 210 S. Hoagland Blvd, Kissimmee, FL 34741 Phone: ( 407) 870- 0066 Jr. Davis FOX: ( 407) 870. 9743 Construction Co., Inc.

r7t I 1 mkr".

Sontlago Machado Tai Hanson Walter & Associates From, C. S. Chavis - Sr. Project Manager

Rmc ( 407) 847-2499 Datm July 11, 2006

Phone: Pqgam Two ( 2) Lake Austin ! Orande Palisade Re: Bid —545 Lift Station & Force Main CCI

0 Urgent For Review p please Comment Please Reply 13 Please Recycle

Santiagot

Please find attached Jr. Davis Construction Co., Int.'s revlssed BID for Ow referenced work, as requested, for your kind consideration.

Should you have a question, please do not hesitate to call no directly.

Thank you,

c4L--

C. S. Chaws

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promo" Name: GRAND PALIRADW - MASTRR I,= STATION AND PORmAll, SCRRDULE OF VALUM

h4091LIZATION • DEMOBILIzAT1oN CLSARMr, 1 LS $ 0. 00 SO, pO I SILTPENCb LS 23, 932,23 53, 93225 5, 300./ LF kESTORATION eon 21. 06 5, 618, 00 11, 033 SY RETAINING WALL - LIFT STATION MIS 26, 089, 80 R2 LF 5389. 01 231. 298.82 REMOVE ecREP1. AGE IS" MER 2 EA REMOVE& REPLACE 15" PCP S1, 26111, 17 2, 536. 34 16 LP $ ROAD AND DRIVEWA Y RESTORATION 28. 09 4x9.04 1 1. 8 32.291, 63 2, 898. 63 LINT STATION AND PORCKMAIN LSCRIPTIO 21. 19$, 320. 41 QTVUNIT PR CIS ALS LIFT STATION PACKAGE 29'/ 30' I 24" GRAVIrrSEWER DIP WIN 8$ 3. 86 5323. 9bs86 33 24" ORAVITY NEWER DIP 16'/ 12' LFLP 8173.173. 42 3. 139. 36 26 24" THP LF $ 148.70 3, 86620 2 ¢ A 56, 983, 43 13. 966. 16 CONNECT 241 gEW, R Tb EXISTING MANHOLE I i. R MANHOLE 2.4" I1 ( 1471 G) SI, 93s. 3a 51. 953, 34 I & A $ 16• TIG PORT W/ VAULT 7,909. 17 7, 909. 17 I LS $ 13. 262.49 513, 262,49 MAGMETLtR VAULT W/ PUMP, MAOMIMP, 2" PVC AND FIT77NO1; I BYPASS ASSEMBLY LS 832, 918. 94 532. 918, 94 I ODOR CONTROL SYSTEM 1S 814,227.05 14. 227AS I LS ELECTRICAL WORK 533. 807. 75 33, 807. 7s I TELEMETRY LS S2s. 648. 38 525. 648, 38 I BACKUP GENERATOR LS 512, 678, 79 17„ 678. 79 I TESTING LS $ 61. 811. SS 561, 111, 35 1 L9 5361. 75 5361. 75

CONNFCTTo riX18TINO 20” PORCEMAIN • WESTStor; BLVD A I4WY 19: I L8 16" DIP PORC6MAIN 54. 001. 1 I 84, 001, 11 S, OIiIi LF 10" CONN¢ CRON- 13LAND REEF' 1'63. 33 330M9. 8U I LS 86. 323, 70 56, 323, 70 0PRNCUT- PAWSAD68 BLVD, TO AVALON ROAD I OPENCUT• ARROWHEAD BLVD, 1, 8 212, 338,26 12,538, 26 I L"4 AIR R1314AS9 VALVE ON 16" PIPE S2.966, 04 52, 966. 04 2 LA 16" OATEVALVE 35. 803. 68 111, 611. 36 4 16" 45 BENDS RA !, 4.487. 79 517,951, 16 17 EA 20" a 16" REDUCER SI. 236,41 21, 012. 97 6A $ 2, 704. 02 2, 704, 02 20" DIP FORCEMAIN 177'/ LACK & BOR¢ ( 20" PM) HWY 192 LF $ 94, 05 516,646.83 I LS 277.038, 34 577,x38, 34 AVALON ROA$ TEMPORARY t ONANCRETr BARRIER WALL 120 LP AIR RSLrASP. VALVII ON 20" PIPE 2x6139 SS, 366.80 I EA $ 20" GATUVALVE 3. 805, 68 95. 805. 61 2 EA $ I0" 45 BENDS 7. 309. 41 14. 618. 82 4 EA $ TESTSNO 1643. 71 10, 574. 8a I TEMPORARY ASPHALT LANR. LS $ 11. 729. 34 211, 739. 34 WIDEVALON ROAD450 LP $ 29. 73 513, 378,50 2IN' CONNBMON - AVAILON ROAD WMH20" OAT, VALVE I RMIRAINED JOINTS LS 51019. 39 314. 039.39 I I. 3 $ MISCP.,LLANEOUS PITTINCrS 22. 747. 94 22, 747. 94 1 LS 90.00 F. 80,00 MISCRI. LANEOUg DUCRITMON 589. UNIT P IC TOTALSALRT SURVEY AND LAYOUT I CBR71PIED AN BUILT$ I' s 511. 235. 00 511, 235. 00 I MArNrRNANC, OP TRAFFIC Le 56, 179, 23 56. 179.15 I IS DRANO¢ COUNTY . UTIL/ ROW USE PERM( 7' S20, 510,94 20, 610. 94 I L9 $ PAYMENTAND PER " OKMANCE BOND 24, 196. 77 24, 19@77 1 OBOTSCHNICAL T'ESI' ING V 823. 283. 89 523, 285,89 I IS $ 4, 222, 11 4. 222, 11

AL , 11. 317, 603AS TbRMS AND^ pNDITION3 1. Lift Station Oenmtor ix quoted M 23000PS OTEC 400. 2, No repelp ofoRiating pevamont an OR 54S it. Included. 3, PrOpottcl bnecd on Jr, Davie Consltuclion holding the power polos,

210 SOUTH HOAGLAND BLVD. a KISSIMMEE, FL 34741 407-870"0066 • FAX: 407" 870- 9743 06- 29-' 06 15; 49 FROM- 407- 957- 0377 T- 731 P001 F- 665

rr f' GVti1:•''if L.

Y. i•• RW Site Dieve/apment4nc. St. Cloud, Florida 34769 Office: 407- 957-0326 Fax: 407-957-0377

FAX transmittal--ransmittal

6/6/ 29/29/ 20062006

From: Toby Bergman

To: Hanson Walter, and Associates

Attn: Mark Vincutonis

Phone#: ( 407) 847- 9433

Fax: ( 407) 847- 2499

Subject: Avalon Road CR 545 Forcemain and Liftstation

Comments: Please see included pages

of pages: 2 ( including cover sheet)

If you have any questions regarding this fax transmittal please contact us at the above numbers. Thank you. 06- 29-' 06 15; 49 FBOM- 407- 957- 0377 T- 731 P002 F- 665 R & J Site Development CR545 Forcemain & Liftstation Rev2 Hanson, Walters, and Associates Mark Vincutonis Fax # (407) 8472499 Phone # (407) 847- 9433

Bid Item Quantity Unit

Administration 116,275.00 General Conditions 1 LS Mobilization 1 LS Construction Staking 1 LS Permits 1 LS Bond 1 LS Certified As- Builts 1 LS Sanitary Sewer 1, 141, 649. 00 Connect To Exist, FM 20" 1 EA 36" Steel Casing 123 LF 24" DIP Pipe 47 LF 20" DIP Pipe 280 ,LF 16" DIP Pipe 4,984 LF 20" X 16" Reducer 1 EA 20" Gate Valve 3 EA 20" 45 Degree Bend 3 EA 20" Tee Fitting 1 EA 20" Air Release Valve Assy 1 EA 16" Gate Valve 8 EA 16" 45 Degree Bend 15 EA 16" 22. 5 Degree Bend 1 EA 16" x 10" Tee Fitting 1 EA 16" Air Release Valve Assy 2' EA 10" Gate Valve 1 EA 36" Jack & Bore 123 LF 10' x 10' Jacking Pit 2 EA Open Road Cut 1 EA R & R Exist MES ( shoring, etc) 1 EA M. O. T. 1' EA Manhole 16/ 18' 1 ' EA Magmeter Manhole Vault 1 EA Lift Station 1 EA Vac Truck 1 EA Clearing 1 EA Dewatering 1 EA Dewatering Pumps 2 EA Silt Fence 5, 30011- 17 Erosion Control 1 EA Restoration 1 * EA ON- SITE TOTAL Jun. 30. 2006 4: 34PM No. 2984 P. 1

T43 F HWA Bob Teter

Aftm Mark Vtncutmie 6 Mtuding cover

Fac 321- 442. IM now 6,.30 -pg

Res Avalon Rd. & CR 645

uget ar Review Q PISMO Comment Q Ptaew nqdy O P1mmReaycio Jun, 30. 2006 4: 34PM No. 2984 P. 2

AVALON RD. - CR545 FORCEMAIN & LIFT STATION

UTILITY SYSTEMS CONSTRUCTION, INC 925 Waller Rd.

W1ldwood, >M'I. 34785

Phone: 352. 748-3502 Fa:: 352-74$ 4502

To; Hanson, Walter & Associates 400 W. Emit St. Date of Fes: 6- 1246 Kissimmee, FL 34741 Phone: 407- 847- 9433 Revision bate: E81C; 407- 847.2499 6. 30- 06

ITEM DESCRIPTION UANTITY UNIT UNIT PRICE AMOUNT 10 Mobilization/ DemoNization 1. 00 LS 10, 800. 00 10, 800. 00 20 2wing 1. 00 LS 3, 1I5.00 3, 115. 00 30 Silt Fence 5, 300. 00 LF 0.60 3, 180. 00 40 Sod 11, 055. 00 YD 3. 20 35, 376. 00 50 Wall 82. 00 LF 120. 00 9, 840. 00 60 Romove & Replace 15" MES 2. 00 F.A 965. 00 1, 930. 00 70 Remove & Replace 15" RCP 16. 00 LF 75. 00 1, 200.00 80Right ofWay 4-Nway Restoration 1. 00 LS 3,450. 00 3,450.00 90 TOTAL SITE PREPRRATION 91. 00 100 Lift Station 1. 00 EA 280 750.00 280, 750. 00

110 24" DIP Qtavity Sewer 59. 00 LF 265. 00 15, 635. 00 120. 24" Tee 2. 00 EA 11, 380. 00 22, 760. 00 130 Connect 24" Sewer to Existing Manhole 1. 00 LS 6,240. 00 6,240.00 140 Manhole SS -11 1. 00 EA 7,305. 00 7,305.00 150 Pig port Assembly 1. 00 EA 5,260,001 5, 260. 00 160 Mag Mater Vault w/ Pump, MWL, 2" pipe & 1. 00 EA 27, 770. 00 27,770.00 Fittings

17000Bypass Assembly 1. 00 EA 22, 595. 00 22, 595. I80 Odor Control System 1. 00 LS 1 40,220.00 40, 220. 00 190 Electrical Work 1. 00 EA 51, 750. 00 51, 750. 00 195 Backup Generator 1. 00 EA 48,305.00 48, 305. 00 200 Telemetry 1. 00 EA 11, 535. 00 11, 535. 00 210 Lift Station Testing 1. 00 EA 4, 350. 00 4,350.00 110 TOTAL LEFT STATION I$ 75. 00 230 Connect to Existing 20" Force Main Westside Blvd, 1. 001 BA 3, 525. 00 3, 525. 00 240 16" DIP Force Main 5,060. 00 LF 75.60 382, 536. 00

250 10" Connection - Island Reef 1. 001 EA 5, 975. 00 5, 975. 00 2601 Open Cut - Palisades Blvd. to Avalon 1. 001 - LS 3,450.001 3, 450. 00 2701 Open Cut - Arrowhead Blvd. 1. 00 LS 2, 975, 001 2, 875. 00 Page 1 of 2 Jun, 30, 2006 4: 34PM No, 2984 P. 3

ITEM ] DESCRIPTION QUAN I'ITY UNIT UMT PRICE AMOUNT 280 Air Release Valve on on 16" pipe 2. 00 EA 5,450. 00 1.0,900. 00 290 Gate Valves 16" 4.00 EA 4, 390. 00 17, 560. 00 300 16" 45 de Beads 17. 00 EA 2, 340. 00 39,780.00 310 20" x 16" Reducer 1. 00 EA 3, 290. 00 3,290.00 320 20 DIP Force Main 177. 00 LF 118. 00 20,886. 00 330 20" Jack & Bore HWY 192 w/ Carrier 123. 00 LF 623. 00 76, 629, 00 340 Avalon Rd. Lam. Barrier Wall 120. 00 LF 11. 00 1, 320, 00 350 Air Release Valve on 20" Pipe 1. 00 RA 5, 130. 00 5, 130. 00 360 Gate Valves 20" 2. 00 EA 9,920.00 19,840.00 370 201145 dol. Bends 4.00 EA 4, 125.00 16, 500.00 380 Force Main Testing 5, 360. 0 LF 0. 80 4,288. 00 390 Tomppqq Asphah Lane V We Avalon ltd. 450.00 LF 27. 00 12, 150.00 400 20" Coimecdon Avalon Rd. w120" GV 1. 00 EA 16,295. 00 16, 293. 00 410 R.muvaed joints 1. 00 L5 1 6,875.00 6,875,00 4?0 TOTAL FORCE MAIN I 649 . 0Q 430 Survey & Lay= 1. 00 LS 6,900, 00 61900. 00 440 Certified Asbuiits 1. 00 LS 3,450. 00 3,450. 00 450 A40W NM of Traffic 1. 00 LS 4,600. 00 4, 600. 00 460 Omye Co - UtillROW Use Permit 1. 00 LS 13, 330, 00 13, 530, 00 470 Pa t & Parfomxance Bond 1. 00 LS 23, 995. 00 23, 995. 00 480 Cieowimical Testi 1. 00 LS 3, 073.00 3' 075. 00 4901 MTAL BUSCELLANEOUS SSS 50. 00 GRAND TOTAL p SI x$, 720.00 P i `

Page 2 of 2 Jun 08 04 09: 12a p. 2 7 UT, --

HANSOM, WALTER & ASSOCIATES, INC. HvrE55toNAL ENGINEERING, SURVEYING & PLANNING

LETTER OF ACREEMENT

March 17, 2004

Mr. Pawl O.xluy hake Austin Propertics 1, LP 3050 Michigan Avenue Kissitmyttx, FL 14744

Rc: CR 545 ( Avalon Road) Sanitary Forcernain & Lift Station

Dcar Mr. Oxlcy:

Janson, Walter & AssoclaiQx. Inc. is pieascd to provide: voij with this proposal 6 r pralessional services in connection with your proposed project as fo llotivs-

Fasenient. Appraisals ( by 0,,ceola Appraisal Co.):

1. Provide parcel research, to include the ,, crierttion of data on the. subject parent tract including, ownership, mailing address, sire, legal descriptions, etc.

S150. 001parcel x approx. 20 parcels $ 3, 0() 0. 00 2. Provide a limited summary appraisal report in accordance with the Uniform Standards Professional Apprai.sal practice—, S1. 500. 00 / parcel x approx. 20 parceis s 3(), 0o0.() o

J. Provide negotiations to include meetings and discussions will) properly owners, explaining the appraisal report value estirtlnte, acid supporting; data— ...... 300. 00/ parcel x approx. 20 parcels S 6, 000. 00

4. If regLiired, provide litigation support services to include an update ofthe appraisal report with more current data along with an updated value estimate, ...... _ ...... O' Yt:: oforiginal appraisal fee laud litigation - . S15O. W/ hox , r

400 W. Emmett Street • Kissimmee, Florida 34741- 5481 - Phone: 407_847- 9433 Fax: 407- 847- 2499 • Email: hvva0hansonwa1tPW r- A m . Ahm - hesta r . 1 V V V 1 V V • L J Q P. j

Page 2

Land Surveying Services'

1. Prepare the Route Survey along Avalon Road ( CR 54S), from approximately 200± south of U.S. Highway 192 ( SR 530) north to the Lift Station site at the northeast comer of Lake Austin property, approx. 6,000 LF, to include cstabiishing a baseline of survey with horizontal and vertical control, cross-sections at 100' station intervals ofthe Avalon Road ( CR 545) right of way and extending 25' beyond each side ofthe existing right of way, painting station numbcrs on the edge of pavement, and locating all existing improvers ms within the described corridor ...... S 271,000.00 2. Prepare Legal Descriptions and Parcel Sketches for the proposed easements for acquisition along the proposed route for the forcemaim construction and the Lift Station Easement ...... 5400. 00 per easement ( est. 20 easements) ...... S 8, 000. 00

Total Land Surveying...... 35,000.00

Geotechnical Consulter Services (by)RCS, Ltd}: 1. Provide subsurface exploration for installation ofthe force: main along CR 545 ( Avalon Road), to include soil borings, laboratory testing, and an engineering report as outlined in the scope of services contract dated 12/ 11/ 03, attached for execution ...... , S 5, 635. 00

Frivironmentai ICrvit-pc ( 1) y hr,

Provide Sitc Work, Report, Permitting, ,& Meetings as outlined in the scope of services contract dnted 12/ 15/ 03, attached for execution ...... S 9, 750. 00

Civil Engineering Design & Permitting, Services:

1. Prepare Construction Drawings to include Plan & Profile for the forcetriain extension from the Lift Station site at the northeast comer of Lake Austin, along the cast side ofAvalon Road, to a manhole located at the north end of Westside Blvd. ( south of U.S. Highway), to include the

constructionDirectional detailsBore proposed...... for the forcctnain construction under U.S. Highway 192, and S 4$. 000.00 2. Prepare Construction Drawings for the Lift Station Design and Collector Manhole, toinclude the calculations for sizing the lift station pumps, wet well, electrical, structural, flow estimates, design and calculation coordination with subconsultants, as necessary ctc...... 5 50,000.00 Civil Design Services...... 30, 000. 00 Structural Design Services...... 10, 000M Electrical Design Services ...... __ 10, 000. 00 Note: 12/ 10/ 03.Based on flows established by Orange County Public Utilities at 2100 gpm, as of

HANSON, WALTER & ASSOCIATES, INC. PROFESSIONAL ENGINEERING. SURVEYING Cal PLANNING 400 W. Emmett Strout - Ki;;uimmuu. Florida 34741- 5481 - Phone- 407-847- 9433 juri ua U - r UZ: Ija p. 4

Page 3

3. If required by Toho Water Authority and/or Orange County Public Utilities, we will provide a hydraulic analysis to dLtcrminc flows and sizing of forccmain...... $ 14, 000. 00 4. Provide permitting with the Toho Water Authority and the Florida Dept. of Environmental Protection for the forcemain extension and the lift suction, to include revisions per staffcomments as necessary for construction plan approval ...... 5 8,000.00 5. Provide permitting with the Florida Dept. of Transportation for approval of the Directional Bore for construction of the foreemain under U.S. Highway 192 ( SR 530), to include utility coordination plan revisions as necessary for construction plan approval ...... S 5,000. 00 6. Provide assistance to the Contractor for the Right of Way Utilization Permit for construction of the utility improvements within CR 545 ( Avalon Road), to include utility coordination and plan revisions, if necessary_...... S 19000. 00 7. Provide Project Administration to include coordination and meetings with the Toho Water Authority and Orange County Public Utilities for the design criteria of the forccmain extension and the lift station, and assist the attorneys with civil related issues for preparation of the Interlocal Agreement, as necessary ...... T & M up to Budget S 15, 000. 00

Total Civil Design & Permitting ...... I...... I...... not to exceed 5138, 000. 00

Post Desian Services.

1. Provide Construction Administration, to include meetings with the Utility and the Contractor, preparing Notice of Award of Contract and providing associated services, review and approve Shop Drawings, attend Pre -Construction Conference ...... T & M up to Budget S 10, 000. 00 2. Provide Construction Management Services during the construction of the forecmain along Avalon Road ( CR 545) to include, but not limited to, provide RFI' s to Site Contractor, provide - Construction Observation ( 3 days/week) and Construction Log Book, attend Weekly Progress Meetings, process Change Orders ( if applicable), perform Site Inspections for authorization of Pay Requests, attend Pressure Tests, Lift Station Start-up, and attend Preliminary and Final Walk- throughs for Final sign -off and acceptance ......

Hourly Rate at 5110. 00/hr ( assuming 4 mo, construction schedule) S 36, 000. 00 3. Prepare Certification of Construction Completion documentation for submittal to the Toho Water Authority and the Florida Dept. of Environmental Protection for approval and " clearance for use" for the forccmain and lift station, and Engineer' s Ccrt. of Cost ...... S 3, 000. 00 Based on as -built information for construction of the forcemain and lift station to be provided by the Contractor in electronic format, as prepared by a Florida Registered Land Surveyor., to include an electronic rile on state plane coordinates.

Total Post Design ...... not to exceed S 49, 000. 00

HANSON, WALTER & ASSOCIATES INC. PROFESSIONAL. ENGINEERING. SURVLYING K PLANNING Ann W r MM- - 1T Crrnur . Kja. mm, n cinr..tin a-sa1_, an1 Phr. no- n! 1%_ Ai17- Gln Z9 furl ua uT uJ: 1Ja p. 5

Page 4

Exclusions

This fee does not include as -built surveying, permitting with the SFWMD, if necessary, transportation engineering analysis, hydrogcology, construction layout, or application fees.

Scope of Services

In reviewing this proposal for profcssiona.l services, it should be understood that the above proposal items and their corresponding fees do not necessarily represent the full scopc of services required for the project. Rather, it rcpresents our best cffort to set forth those services which we bclicve to be those requested by you, the Client, and/ or those we can determine to be needed to accomplish a particular objective. However, we recognize and we ask the Client recognize that as the project progresses, the scope of services as originally dclincd may change in content to includc work not initially identified. Several factors will cause this to happen:

Better understanding of the project and the Client' s goals 35 progress on the project is made.

Additional requirements identified by the Client.

3. Now laws or governmental agency requirements. As thesc influences occur and are, identified, we will advise you of same and scek your direction u to how you wish to proceed.

Work required as a result of the above will be " extra work" outside of the original scope of services. Upon your direction, we will perform the; work under the " Work Not Specified" section of this proposal or we can provide you with a separate proposal should the scope so indicate.

Work Not specified

Work not specified in the above proposal item; will not be performed without your prior knowledge and approval. When merited, we will provide you with a lump sum fee for additional services. Otherwise, additional services will be performed on an hourly basis at the rates shown under " Schedule of Fees for Per Diem Services".

Hourly Charges

Hourly work will be billed at our current prevailing per diem rates, but are subject to change, due to increasing labor and material costs. Hourly work performed outside of the normal business hours will be billed at 1 % times the direct Iabor cost and overhead.

WALTER & ASSOCIATES, INC. 1. ENGINEERING, SURVEYING & PLANNING:

Ant*%A, % =---" -_ f-_+ • = 1 1- 1a7d1 Sd111 • IIhnnn d117_ 5147_ GG.' T.' i Jun U8 U4 U9: 13a P. 6

Page 5

Permit and Application Fees

The service fees set forth herein do not include the payment of governmental agencyAS submitral fees,cc , review or pcm t fees, or other charges assessed by said agencies. Cliclit. T11cSC fees shall be paid for by Elie

Reproduction and Outside Service Fees The above service fees include the Cost of printing and/or reproduction necessary for permitting submittals and approvals plus five ( 5) additional set,; of drawings and documents for the owner. AdditionalSchedule ofcopiesFees forofPerdocumentsDiem Serviccs,*,and/or drawings will be invoiced to you as direct charges as per

Ownership of Documents

Hanson. Walter & Associates, Inc. will retain ownership c ts perta project and will not release cOPiC, of the original documents pertaining to thisis s of same without authorization from you or your agent, Invoicing and Payment

A 25% Retainer will be required prior to the work being performed. All work will be invoiced approximately the 20th day of each month based on a proration of work completed to date, with payment thecxpcctedinvoiceupondate,receipt a late Ofchargethe invoice by the Client. If payment is not received within thirty (30) days of will be added to the invoice in an amount not to exceed 1- 1/ 2% on the outstanding balance. per month Ifpayment is not received within forty-five (45) days ofthe invoice date, the Consultant may terminate this Agreement or suspend work under the Agreement until payments have been made in full. Client agrees to pay all costs ofcollection, including reasonable attorney fees, should such action be required. Acceptance

This proposal and fee schedules ith are based on the acceptance within (thirty 30) da YS of the Bats;t of preparation, If not ao" ptcd by you within that time period, we reserve the tight to rc- cv u t c and conditions contained herein. al a c the terms Please sign the Agrcument and return to our office. cxecutcd Agreement will serve as our Notice to Proceed. Receipt of the

Termination Eithcr Party may terminate this contract with cause upon providing thirty (30) days written notice to the other party. In the event of termination, Hanson, Walter & Associates, Inc, will be reimbursed for all fees and expenses incurred to d.-Ite by Hanson, Walter & Associatcq. Inc. and/ or our Consultants,

HANSOM WALTER & ASSOCIATES, INC. 0 WW U 400 W. EjY)rncjr! 5tr0vt - Kissimmee, HOr-da 34741- 114al - Phone.; 407- 847- 9433 Jun U8 U4 ( 39: 13a p- 7

Page 6

Acceptance of rroposal The above fees, terms, conditions, and specifications arc satisfactory and arc hcrcbv acceptcd. You are authorized to do the work as specified. Payment will be made as outlined above.

This Proposal Accepted By 7

Mark S. Vincutonis, P. I. Client

Date Date

MSV/ ac

w/ attachment

HANSON, WALTER & ASSOCIATES, INC. PROFESSIONAL ENGINLERING, SURVCYINC c`4 PLANNING a00 W. Emmott Street - Kin.=.imms W, Flnrieis : t©7et 5aR7 . OF res o. nn_ rs t n e jun Ua U4 U5: 14a p- 8

SCHEDULE OF FEES FOR PER DIEM SERVICES CONSTILTING SFRVICF,S HR. A. Senior Principal B. Principal 200. 00 C. Project Manager 105. 00 D. Engineer 95. 00 E. Land Planncr 8 0. 00 F. 80. 00 Senior Engineering Technician ( CAD) G. Senior Design Technician ( CAD) 60. 00 60. 00 N. Design Technician ( CAD) 50. 00 1. Surveying Services 1. Survey Field Crew 95, 00 2. CPS Survey Crew 125. 00 3. Professional Land Surveyor 80. 00 4. Scnior Technician ( CAD) 60. 00 5. Computer Technician ( CAD) 50. 00 J. Secretarial Services 35. 00 K. Miscellaneous Expenses

a. Prints 24" x 36"/ 30" x 42" Blueprint or Xerox, ca, 2. 00/ 3. 00 b. Paper Scpia ( Vellum) 24" x 36"/ 30" x 42", ca. 10. 00/ 15. 00 C. Sepia Mylar 24" x 36730" x 42", ea. 15. 00/ 20. 00 d. Xerox Copies, ca. mass reproduction 25 c. Xerox Copies of Original Survey 8 V x 14" 5. 00 Plus each additional 1. 00 Travel, per mile, portal to portal 40 g. Printing, Graphics, Postage, etc. Cost + 20% h. Long Distance Telephone Charges Cost + 20% i. Out of Town Expenses ( Overnight) Cost + 30% j. Sub -Consultant Services, Laboratory, Testing, etc. Cost + 15% k. Permit and Application Fee Advances Cost+ 10% 1. Overnight Deliveries Cost+ 20% m, Courier Services Cost + 20%

F0f Sworn teatimnny At &. positions and heuuings, etc, the above ratea will be doubled. poor cervices in court. the above rates will be doubled with n minimum ofan uighl. how day churgpd for each duy ofnpponranoo.

aubaoqueffiOvertime tobaccomplishclient notificutiona projectandby approval,the client' a required completion date will be charged aL 1. 5 times the Above hourly rates,

Errective 1011103

HANSON, WALTER & ASSOCIATES, INC. PROI- ESSIONAL ENGINCCRING. SURVEYING & PLANNING 400 W. Lm,nc-t1 Struut • Kissimmr,.o, Fioridu 34741- 5eal . Phonv: 40%-8al-94n.1 Jun 08 U4 09: 14a p. 9

JSCEOLA APPRAISAL C. UNMPANY Appraisers & Consultants

818 W. 11al bette Sr„ Kissirnmce, Flcrida 347=1 Phonc ( 407) 533- 5252 Fax ( 40 7) 933- 6449

November 12, 2003

Mr. Eric Lagassey, P. E. Mr. Mark Vincutonis, P. E. Project Engineers Hanson, Walter & Associates, Inc. 400 W. Emmett Street Kissimmee, FL 4741- 5481

Re ProjectsEasement Appraisal Reports on the Orange/ Osceola Counties

Gentlemen:

Torn Cowart, MAI of Cowart & Associates, Inc. and I enjoyed and appreciated our meeting yesterday, and the opportunity of providing our professional real estate appraisal services on the above referenced projects. Based upon the limited data currently available, it is our opinion, our scope of services could include individual parcel research, appraisal report preparation, individual parcel negotiation, appraisal report update, and hourly litigation rates. This fee cost estimate is based upon our knowledge of the area, and what would be a typical standard parcel, if during the initiation of parcel analysis we discover complexities associated with any individual parcel, which would intensify our product generation effort, of course the fee structure would be increased, and we would inform you on a parcel -by -parcel basis prior to commencement.

Aestimatesummaryis itemizedand descriptionas fellows:of these components, together with the fee structure A. The parcel research would include the generation of data on the subject parent tract including, ownership, mailing address, size, legal descriptions, etc. The research fee would be $ 150.00 per parcel. CATEGORY: Consent

Attachment( s): Developer Service Agreement

APPROVAL OF DEVELOPER SERVICE AGREEMENT AMENDMENT FOR COMPASS BAY

Explanation: The Compass Bay project, developed by KB Home Orlando, LLC is located on the west side of Poinciana Boulevard between US 192 and Osceola Parkway and had previously entered into a standard Developer Service Agreement Agreement") on April 13, 2006 with the Tohopekaliga Water Authority (Authority) as a condition of water and wastewater service.

The original agreement provided conditions for the coordination of Poinciana Boulevard improvements with existing utilities and the coordination of water and sewer mains and services with other utilities and structures. This amendment establishes the responsibilities of the Developer and the Authority for the construction of a 20 -inch water main through the project. This water main will interconnect the 24 -inch and 30 - inch diameter water mains existing along US 192 and Osceola Parkway, respectively. The Authority' s attorney, created the amendment form that adds special conditions to the original agreement

The additional conditions require:

2. The Developer shall construct approximately 2, 624 feet of 20 -inch water main through the project along with the construction of Phase 1 of the project. The Authority will reimburse the Developer for the design and construction costs of the water main as detailed in the attachment. 3. The Developer shall provide a cost proposal for the Authority' s review. Upon staff' s approval of the lowest bid a consent agenda shall be submitted to the Board of Supervisors for approval. 4. The Authority will reimburse the Developer based on a percentage completion basis less retainage in an amount equal to ten percent ( 10%) of the agreed costs of the improvements. This percentage completion will be certified by the Authority and the Developer' s engineer. 5. Upon the Developer' s engineer certifying the substantial completion of the 20 - inch water main the retainage will be reduced from 10% to 5%. The retainage shall be paid to the Developer within thirty ( 30) days of acceptance by the Authority of Phase 1 of the project. 6. All conditions specified in the April 13, 2006 Agreement remain in effect.

Recommendation: Staff recommends approval of the developer service agreement amendment for the Compass Bay project.

Developer Service Agreement Compass Bay.09. 13. 06. em 7H Amendment to the Tohopekaliga Water Authority Water, Wastewater, and Reclaimed Water System Standard Developer' s Service Agreement OR 313512517- 2531

to as " TWA") and KB Home Orlando, LLC ( hereinafter referred to as " Developer") and in consideration of the mutual undertakings and agreements herein contained and assumed, and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged by the parties, the Developer and TWA hereby covenant and agree as follows:

1) Section 21. Special Conditions. The following Special Conditions are mutually agreed between the Developer and TWA and are intended to amend, supplement, and add the following conditions to the previous Developer' s Service Agreement as recorded in OR 3135/ 2517- 2531 as follows:

a) The Developer shall construct approximately 2,624 feet of 20 -inch water main through the property from Osceola Parkway to U. S. 192 during Phase 1 of Compass Bay, hereinafter referred to as "Project". TWA will reimburse the Developer for the construction of the following upon acceptance and approval of Phase 1 of the Project by TWA:

i) The upsizing costs between 8 -inch and 20 -inch water main for approximately 725 feet including associated fittings and valves. ii) The upsizing costs between 6 -inch and 20 -inch water main for approximately 210 feet of including associated fittings and valves. iii) 100% of the costs for approximately 1, 689 feet of 20 -inch water main and associated fittings and valves. iv) The engineering design costs for re -designing the Project' s water system to include a 20 -inch water main.

b) Prior to the start of construction of the 20 -inch water main the Developer shall obtain a construction cost proposal from the contractor and submit to TWA for approval. The proposal shall be based on final approved construction plans and shall require the following:

i) Unit prices for the pipes, fittings, valves, testing, and other accessories required for the construction of the 20 -inch water main for the Project are to be submitted to TWA for review and approval by staff. ii) Upon staff approval of unit prices TWA shall submit the pricing to the Board of Directors for formal approval. iii) Upon final acceptance and approval of Phase 1 of the Project a check will be issued to the Developer for the approved costs. Amounts above those previously approved by TWA require separate approval as per TWA standard policies. c) TWA as well as the Developer' s engineer shall inspect all development work on the property and certify to TWA the percentage of completion of the proposed 20 - inch water main that is specifically required by TWA and to immediately fund and pay to the Developer the cost of said improvements on a percentage completion basis less retainage in an amount equal to ten percent ( 10%) of the agreed costs of the improvements. d) Upon the Developer's engineer's certification of substantial completion of the required improvements, the balance of the 20 -inch water main construction costs, less five percent ( 5%) retainage for punch list items, shall be disbursed to the Developer. The retainage shall be paid to the Developer within thirty (30) days of acceptance by TWA of Phase 1 of the Project.

2) All other terms, conditions, and covenants of the Developer' s Service Agreement as recorded in OR 3135/ 2517- 2531 shall remain in full force and effect. IN WITNESS WHEREOF, Developer and TWA have executed or have caused this Amendment, with the named Exhibits attached, if any, to be duly executed in several counterparts, each of which counterpart shall be considered an original executed copy of this Agreement.

TOHOPEKALIGA WATER AUTHORITY

Mary Jane Arrington, Vice Chairman

Attest: John E. Moody - Secretary

APPROVED AS TO FORM & LEGALITY

Dated: 12006

Donald T. Smallwood, City Attorney

DEVELOPER

KB Home Orlando, LLC Signed, sealed and delivered In the presence of: x: By: Reed Berlinsky, Member By:

By: STATE OF FLORIDA COUNTY OF OSCEOLA

The foregoing instrument was acknowledged before me this day of 2005, by Of , a authorized to do business in the State of Florida, on behalf of the corporation. He is personally known to me or has produced as identification and did ( did not) take an oath.

Signature of Person Taking Acknowledgment

Name of Acknowledger Typed, Printed or Stamped

Title or Rank

Serial Number, if any.

STATE OF FLORIDA COUNTY OF OSCEOLA

The foregoing instrument was acknowledged before me this day of 2005, by Of a authorized to do business in the State of Florida, on behalf of the corporation. He is personally known to me or has produced as identification and did ( did not) take an oath.

Signature of Person Taking Acknowledgment

Name of Acknowledger Typed, Printed or Stamped

Title or Rank

Serial Number, if any. Amendment to the Tohopekaliga Water Authority Water, Wastewater, and Reclaimed Water System Standard Developer' s Service Agreement OR 3135/ 2517- 2531

This Amendment ( the " Agreement") is made this day of , 20 by and between Tohopekaliga Water Authority, an independent special district established and created pursuant to Chapter 189, Florida Statutes ( hereinafter referred to as " TWA") and KB Home Orlando, LLC ( hereinafter referred to as " Developer") and in consideration of the mutual undertakings and agreements herein contained and assumed, and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged by the parties, the Developer and TWA hereby covenant and agree as follows:

a) The Developer shall construct approximately 2, 624 feet of 20 -inch water main through the property from Osceola Parkway to U. S. 192 during Phase 1 of Compass Bay, hereinafter referred to as " Project". TWA will reimburse the Developer for the construction of the following upon acceptance and approval of Phase 1 of the Project by TWA:

b) Prior to the start of construction of the 20 -inch water main the Developer shall obtain a construction cost proposal from the contractor and submit to TWA for

approval. The proposal shall be based on final approved construction plans and shall require the following:

c) TWA as well as the Developer' s engineer shall inspect all development work on the property and certify to TWA the percentage of completion of the proposed 20 - inch water main that is specifically required by TWA and to immediately fund and pay to the Developer the cost of said improvements on a percentage completion basis less retainage in an amount equal to ten percent ( 10%) of the agreed costs of the improvements. d) Upon the Developer' s engineer' s certification of substantial completion of the required improvements, the balance of the 20 -inch water main construction costs, less five percent ( 5%) retainage for punch list items, shall be disbursed to the Developer. The retainage shall be paid to the Developer within thirty (30) days of acceptance by TWA of Phase 1 of the Project.

TOHOPEKALIGA WATER AUTHORITY

2 Mary Jane Arrington, Vice Chairman

Attest: John E. Moody - Secretary

APPROVED AS TO FORM & LEGALITY

Dated: 2006

Donald T. Smallwood, City Attorney

DEVELOPER

K13 Home Orlando, LLC Signed, sealed and delivered In the presence of:

X: By: Reed Berlinsky, Member la

X: la STATE OF FLORIDA COUNTY OF OSCEOLA

The foregoing instrument was acknowledged before me this day of 2005, by , of , a authorized to do business in the State of Florida, on behalf of the corporation. He is personally known to me or has produced as identification and did ( did not) take an oath.

Signature of Person Taking Acknowledgment

Name of Acknowledger Typed, Printed or Stamped

Title or Rank

Serial Number, if any.

STATE OF FLORIDA COUNTY OF OSCEOLA

Signature of Person Taking Acknowledgment

Name of Acknowledger Typed, Printed or Stamped

Title or Rank

Serial Number, if any. Category: Presentations

PRESENTATION BY COSTA DEVAULT ON MARKETING OPPORTUNITIES AND BENEFITS FOR THE AUTHORITY

Explanation: The Board has discussed retaining a marketing firm to assist the Authority in developing and promoting its identity and mission on several occasions. An allowance has been provided in the FY2007 Budget for marketing but there are no specific programs or initiatives for the funding at this time. Supervisor Reich suggested that the Board have a marketing firm make a general presentation to the Board of the types of services that can be provided for the Authority. Costa DeVault is an Orlando marketing firm that has provided services to the Orlando Utility Commission for several years. The firm has developed the OUC slogan " The Reliable One" and their water branding, " H2OUC". Linda Costa, president of the firm, will make a presentation to the board outlining the services a marketing firm can provide and providing examples of some of the services provided to OUC.

MarketPresentCostaDeVault. 09. 13. 06. blw

0 Category: Old Business

Attachments: Letter of Intent on Charles Owen Property

UPDATE ON THE STATUS OF THE SITE SELECTION FOR THE ADMINISTRATIV2

Explanation: At the August 23, 2006 meeting, the Board of Supervisors took action to engage in a letter of intent to purchase two separate parcels as alternatives for the Authority's Administrative Building. The Board approved execution of the letter of intent to sell submitted by Mary Hadley for her property located on MLK Boulevard. Additionally, the Board authorized submitting a letter of intent to purchase to Charles Owen for the purchase of the property he owns east of Union Street. The day after the Board meeting, the Executive Director met with Mr. Wayne Hadley to provide him with a copy of the executed letter of intent and to advise him of the Board' s actions and plans. A purchase contract was requested to be provided to the Board incorporating the conditions of the letter of intent. A letter of intent was prepared for the Charles Owen property located east of 6th Union Street and submitted to Mr. Owen on September and; subsequently, executed by him and his partner. The letter included a purchase price based upon an appraised value and the intent to purchase the property which Mr. Owen had the ability to convey to the Authority. The approximate area of the tract including the two adjacent parcels identified is 3. 9 acres. Staff has initiated contact with a real estate appraisal firm, Clayton, Roper, & Marshall, to conduct the appraisal of the Owen property. The firm has performed the Rinker site appraisal and has indicated the ability to deliver the appraisal within 30- 45 days. Staff has also initiated obtaining Phase 1 environmental surveys and preliminary subsurface surveys on both the Hadley and Owen properties. Information is also being obtained on the land use, zoning, utility availability, and flood plain for each property.

Recommendation: The Board may want to take additional action or provide additional direction to the staff on the investigation of the properties.

BuildSiteUpdate. 09. 13. 06. blw LETTER OF INTENT TO SELL

DATE: August 21, 2006

TO: Toho Water Authority

FROM: Mary Hadley

The following shall serve as a Letter of Intent between Mary Hadley, as " Seller", and Real Estate Market Solutions ( REMS), as `Buyer" acting on behalf of Toho Water Authority (TWA) ofKissimmee Florida, regarding the property located at 951 Midland Street (Parcel ID #21252914000010590), in Osceola County, Florida.

1. PRICE $ 2, 350, 000

2. TERMS Cash, or some combination of cash and tax- exempt Toho Water Authority bonds.

3. PROPERTY CONDITION Property is to be conveyed in " as is" condition. Seller makes no representations or warranties except as to issue of title.

4. CONTINGENCIES Buyer shall have until December 15, 2006 to make surveys, conduct feasibility studies, engineering, conduct and Environmental Audit, and any and all other studies as may be desired by the Buyer.

5. CLOSING Closing shall occur in Osceola County, Florida on or before January 31, 2007.

6. BROKERS Buyer confirms that Buyer has not dealt with any other Broker in connection with this transaction other than REMS.

7. TITLE POLICY Seller shall furnish, at its cost, a satisfactory Title Policy to Buyer or Buyer' s Agent at least forty- five ( 45) days before the closing date.

8. ESCROW Twenty- five Thousand ($ 25, 000) will be deposited with escrow agent of REMS within three ( 3) days of execution of a legally binding Contract for Sale and Purchase, as an earnest money deposit and shall apply towards the purchase price.

9. DOCUMENT FOR CLOSING At closing, Seller will cause to be delivered to the title company the following documents or instruments:

A. Title shall pass in a manner acceptable to Buyer and Seller and agreed to in writing by January 31, 2007.

B. Bill of Sale conveying title to all personal property and all intangible Property to the Seller. The Bill of Sale shall be in a form and style acceptable to Buyer.

C. An Assignment of Leases or easements, if any, dated as of date of closing, made in favor of the Buyer and/ or assigns, assigning, with warranty of title, all leases, security deposits, and prepaid rents, covering all and any part of the land, improvements or personal property, if any, duly executed and acknowledged by Seller.

D. Boundary survey for the property, certified by Seller to be true and correct As of closing date.

10. NO PARTIES HAVE OPTIONS; EXECUTION OF ADDITIONAL INSTRUMENTS No person, firm or corporation or other entity has any right or option to acquire the land, buildings, or any part thereof from the Seller.

Seller will, whenever and as often as shall be reasonably requested to do so by Buyer; and Buyer will, whenever, and as often as will be reasonably requested to do so by Seller, execute, acknowledge and deliver or cause to be executed, acknowledged or delivered, any and all conveyances, assignments and/ or other instruments, documents as may be reasonably necessary in order to complete the transaction herein provided and to carry out the intent and purposes of this agreement.

11. SPECIAL PROVISIONS

A. Seller may have the option to live on the premises until July 31, 2007 at no cost, following the closing of the transaction.

B. A final Contract of Sale and Purchase must be acceptable to both the Buyer and Seller.

EXECUTION OF THIS LETTER If Buyer has not signed a copy of this Letter of Intent and delivered same to Seller by 4:00 P.M. on September 1, 2006 this Letter shall be null and void. NON- BINDING

This Letter of Intent is not to be a legally binding agreement of purchase and Sale. Neither party shall be bound or have the obligation to pursue negotiations or any other obligations of any kind unless and until a definitive formal contract is hereafter signed and delivered by the parties. No definitive formal contract will be entered into unless it is satisfactory to both Seller and Buyer, in their discretion. Neither the expenditure of funds by either party or reliance on this Letter nor part performance of any provision of this Letter by either party shall alter the foregoing provisions of this paragraph, and not withstanding and such expenditure or performance, this Letter shall, as stated above, not constitute a binding agreement of

purchase and sale.

Accepted and agreed:

SELLER: BUYER:

Date:- /' ak Rea! Estate Market S O L U T I O N S

LETTER OF INTENT TO PURCHASE

DATE: August 30, 2006

TO: BC Partnership

FROM: William H. Owen Real Estate Market Solutions

The following shall serve as a Letter of Intent between BC Partnership as " Seller", and Real Estate Market Solutions ( REMS), as " Buyer" acting on behalf of Toho Water Authority ( TWA) of Kissimmee Florida, regarding the terms and conditions by which Buyer is willing to acquire the properties bound along Union, Ellison, Mitchell, and Robinson Streets more specifically identified as: Parcels ID # 222529201000110020, 222529201000060060, 222529201000060090, 2225292201000060100, 222592201000060045, in Osceola County, Florida. Upon analysis of the current market, the TWA, at its most recent meeting, determined that an offer will be made based on an appraisal performed by a professional, licensed appraiser in line with real estate values within the immediate area. It is the intent of TWA to have this appraisal completed by October 15, 2006.

1. PRICE Appraised value

2. TERMS Cash, or some combination of cash and tax-exempt Toho Water Authority bonds.

3. PROPERTY CONDITION

Property is to be conveyed in " as is" condition. Seller makes no representations or warranties except as to issues of title.

4. CONTINGENCIES

Buyer shall have until December 15, 2006, to make surveys, conduct feasibility studies, engineering, conduct an Environmental Audit, and any and all other tests or studies as may be desired by the Buyer.

5. CLOSING

Closing shall occur in Osceola County, Florida on or before January 31, 2007.

518 SOUTH MAGNOLIA AVENUE • ORLANDO, FLORIDA 32801 • P 407-843- 5635 • F 407- 839- 6197 • WWW. RERCINC. COM Letter of Intent Page 2 of 4

6. BROKERS

Buyer confirms that Buyer has not dealt with any other Broker in connection with this transaction other than REMS.

7. TITLE POLICY

Seller shall furnish, at its cost, a satisfactory Title Policy to Buyer or Buyer's Agent at least forty-five (45) days before the closing date.

8. ESCROW

Twenty-five Thousand ($ 25,000) will be deposited with the escrow agent of REMS within three ( 3) days of execution of a legally binding Contract for Sale and Purchase, as an earnest money deposit and shall apply towards the purchase price.

9. DOCUMENTS FOR CLOSING

At closing, Seller will cause to be delivered to the title company the following documents or instruments:

A. Title shall pass in a manner acceptable to Buyer and Seller and agreed to in writing by January 31, 2007.

B. Bill of Sale conveying title to all personal property and all intangible property to the Seller. The Bill of Sale shall be in a form and style acceptable to Buyer.

C. An Assignment of Leases or easements, if any, dated as of date of closing, made in favor of the Buyer and/or assigns, assigning, with warranty of title, all leases, security deposits, and prepaid rents, covering all and any part of the land, improvements or personal property, if any, duly executed and acknowledged by Seller.

D. Boundary survey for the property, certified by Seller to be true and correct as of the closing date.

10. NO PARTIES HAVE OPTIONS: EXECUTION OF ADDITIONAL INSTRUMENTS

No person, firm or corporation or other entity has any right or option to acquire the land, buildings, or any part thereof from the Seller.

acknowledged or delivered, any and all conveyances, assignments and/ or other instruments, documents as may be reasonably necessary in order to complete the transaction herein provided and to cant' out the intent and purposes of this agreement.

11. SPECIAL PROVISIONS

A. That all buildings will be vacant and all leases terminated at closing.

B. A final Contract for Sale and Purchase must be acceptable to the Toho Water Authority.

EXECUTION OF THIS LETTER

If Seller has not signed a copy of this Letter of Intent and delivered same to Buyer by 4: 00 P. M. on September 6, 2006 this Letter shall be null and void.

NON- BINDING

This Letter of Intent is not intended to be a legally binding agreement of purchase and sale. Neither party shall be bound or have the obligation to pursue negotiations or any other obligations of any kind unless and until a definitive formal contract is hereafter signed and delivered by the parties. No definitive formal contract will be entered into unless it is satisfactory to both Seller and Buyer, in their discretion. Neither the expenditure of funds by either party or reliance on this Letter nor part performance of any provision of this Letter by either party shall alter the foregoing provisions of this paragraph, and notwithstanding any such expenditure or performance, this Letter shall, as stated above, not constitute a binding agreement of purchase and sale.

Accepted and agreed:

0'041 SELLER:

Date: August 30, 2006 CATEGORY: Old Business

Attachment: Senate Bill No. 1194, Resolution 06- 010

APPROVAL OF RESOLUTION 06- 010 ESTABLISHING A REVISED EFFECTIVE DATE FOR THE WATER AND WASTEWATER IMPACT FEE ADJUSTMENTS

Explanation: On August 9, 2006, the Board approved adjusting the Authority' s water and wastewater impact fees approximately 6% in accordance with the Engineering News Record Construction Cost Index. The intent of the resolution adopting the impact fee change was for the revised fees to take effect upon October 1, 2006. Subsequently, staff became aware that the legislature had enacted new legislation affecting the development and adoption of impact fees. The legislation specifies that changes in impact fees may not be implemented until 90 days after notification of the adoption of the impact fee resolution. Based on the legislation and the notification requirements, the Authority will have to re- establish the effective date to allow sufficient time to meet the legislative requirement. After reviewing the new legislation, Mike Davis has advised staff that the Board should adopt a new resolution establishing a new effective date for the impact fee change meeting the notification requirement. He has provided a resolution for the Board to adopt establishing the new effective date for the water and wastewater impact fees as January 1, 2007, meeting the legislation notification requirements. There are some additional requirements related to adopting impact fees included in the legislation. A review of the legislation indicates that the Authority' s impact fee development, adoption, and administration of the fees meet the legislative requirements.

Recommendation: Approval of resolution establishing the effective date of the water and wastewater impact fee adjustments as January 1, 2007.

RESOLUTIONEFFECTIVEDATEIMPACTFEESREVISED. 09. 13. 06. BLW CHAPTER 2006- 218

Committee Substitute for Senate Bill No. 1194

An act relating to growth management; creating part II of ch. 171, F. S., the " Interlocal Service Boundary Agreement Act"; providing legislative intent with respect to annexation and the coordination of services by local governments; providing definitions; providing for the creation of interlocal service boundary agreements by a county and one or more municipalities or independent special districts; specifying the procedures for initiating an agreement and responding to a proposal for agreements; identifying issues the agreement may or must address; requiring that emergency medical services be provided by the existing provider to an annexed area with certain exceptions; requiring local governments that are a party to the agreement to amend their comprehensive plans; providing for review of the amendment by the state land planning agency; providing an exception to the limitation on plan amendments; specifying those persons who may challenge a plan amendment required by the agreement; providing for negotiation and adoption of the agreement; providing for preservation of certain agreements and powers regarding utility services; providing for preservation of existing contracts; providing prerequisites to annexation; providing a process for annexation; providing for the effect of an interlocal service boundary area agreement on the parties to the agreement; providing for a transfer of powers; authorizing a municipality to provide services within an unincorporated area or territory of another municipality; authorizing a county to exercise certain powers within a municipality; providing for the effect on interlocal agreements and county charters; providing a presumption of validity; providing a procedure to settle a dispute regarding an interlocal service boundary agreement; amending s. 171. 042, F. S.; revising the time period for filing a report; providing for a cause of action to invalidate an annexation; requiring municipalities to provide notice of proposed annexation to certain persons; amending s. 171. 044, F. S.; revising the time period for providing a copy of a notice; providing for a cause of action to invalidate an annexation; creating s. 171. 094, F.S.; providing for the effect of interlocal service boundary agreements adopted under the act; amending s. 171. 081, F.S.; requiring a governmental entity affected by annexation or contraction to initiate conflict resolution procedures under certain circumstances; providing for initiation of judicial review and reimbursement of attorney's fees and costs regarding certain annexations or contractions; amending s. 163. 01, F.S.; providing for the place of filing an interlocal agreement in certain circumstances; amending s. 164. 1058, F.S.; providing that a governmental entity that fails to participate in conflict resolution procedures shall be required to pay attorney's fees and costs under certain conditions; requesting the Division of Statutory Revision to designate parts I and II of ch. 171, F. S.; creating s. 163. 31801, F.S.; creating the " Florida Impact Fee Act"; providing legislative intent; requiring that an impact fee meet certain specified requirements

1 CODING: Words s eP are deletions; words underlined are additions. Ch. 2006- 218 LAWS OF FLORIDA Ch. 2006- 218

concerning calculation of the fee, accounting for revenues and ex- penditures, provision of notice, and collection of administrative costs; requiring inclusion of an affidavit certifying compliance with the act in certain audits of financial statements of a local government entity or a school board provided to the Auditor General; providing an effective date.

Be It Enacted by the Legislature of the State of Florida: Section 1. Part II of chapter 171, Florida Statutes, consisting of sections 171. 20, 171. 201, 171. 202, 171. 203, 171. 204, 171. 205, 171. 206, 171. 207, 171. 208, 171. 209, 171. 21, 171. 211, and 171. 212, is created to read:

171. 20 Short title.—This part may be cited as the " Interlocal Service Boundary Agreement Act."

tion of territory into a municipality and the subtraction of territory from the unincorporated area of the county. The principal goal of this part is to encourage local governments to jointly determine how to provide services to

address a wider range of the effects of annexation. This part is intended to

171. 202 Definitions.— As used in this part, the term:

1) " Chief administrative officer" means the municipal administrator, municipal manager, county manager, county administrator, or other officer of the municipality, county, or independent special district who reports directly to the governing body of the local government.

2) " Enclave" has the same meaning as provided in s. 171.031.

3) " Independent special district" means an independent special district, as defined in s. 189.403, which provides fire, emergency medical, water, wastewater, or stormwater services.

of an initiating resolution.

5) " Initiating local government" means a county, municipality, or independent special district that commences the process for negotiating an

2 CODING: Words str-ieken are deletions, words underlined are additions. Ch. 2006- 218 LAWS OF FLORIDA Ch. 2006- 218

interlocal service boundary greement through the adoption of an initiating resolution.

6) " Initiating municipality" means a municipality that commences the process for negotiating an interlocal service boundary agreement through the adoption of an initiating resolution.

nicipality, or independent special district which commences the process for negotiating an interlocal service boundary agreement and which identifies the unincorporated area and other issues for discussion.

8) " Interlocal service boundary_ agreement" means an agreement adopted under this part, between a county and one or more municipalities which may include one or more independent special districts as parties to the agreement.

9) " Invited local government" means an invited county, municipality, or special district and any other local government designated as such in an initiating resolution or a responding resolution that invites the local government to participate in negotiating an interlocal service boundary agreement.

10) " Invited municipality" means an initiating municipality and any other municipality designated as such in an initiating resolution or a responding resolution that invites the municipality to participate in negotiating an interlocal service boundary agreement.

11) " Municipal service area" means one or more of the following as designated in an interlocal service boundary agreement:

a) An unincorporated area that has been identified in an interlocal service boundary agreement for municipal annexation by a municipality that is a party to the agreement.

b) An unincorporated area that has been identified in an interlocal ser-

12) " Notified local government" means the countv or a municipality, other than an invited municipality, that receives an initiating resolution.

13) " Participating resolution" means the resolution adopted by the initiating local government and the invited local government.

14) " Requesting resolution" means the resolution adopted by a municipality seeking to participate in the negotiation of an interlocal service boundary agreement.

15) " Responding resolution" means the resolution adopted by the county

discussion, or both, and may designate an additional invited municipality or independent special district.

CODING: Words str-icken are deletions; words underlined are additions. Ch. 2006- 218 LAWS OF FLORIDA Ch. 2006- 218

16) " Unincorporated service area" means one or more of the following as designated in an interlocal service boundary agreement:

a) An unincorporated area that has been identified in an interlocal service boundary agreement and that may not be annexed without the consent of the county.

b) An unincorporated area or incorporated area or both which have been identified in an interlocal service boundary agreement to receive municipal services from a county or its designee or an independent special district.

171. 203 Interlocal service boundary agreement.—The governing body of a county and one or more municipalities or independent special districts within the county may enter into an interlocal service boundary agreement under this Dart. The Lyovernine' bodies of a county a municinality_ nr An

service boundaryagreement which provides for public participation in a manner that meets or exceeds the requirements of subsection ( 13) or the governing bodies may use the process established in this section.

1) A county, a municipality, or an independent special district desiring to enter into an interlocal service boundary agreement shall commence the negotiation process by adopting an initiating resolution. The initiating resolution must identify an unincorporated area or Inco orated area or both to be discussed and the issues to be negotiated. The identified area must be specified in the initiating resolution by a descriptive exhibit that includes but need not be limited to, a map or legal description of the designated area. The issues for negotiation must be listed in the initiating resolution and may include, but need not be limited to, the issues listed in subsection ( 6). An independent special district may initiate the interlocal service boundary agreement for the purposes of dissolving an independent special district or

or asses

a) The initiating resolution of an initiating county must designate one or more invited municipalities. The initiating resolution of an initiating municipality may designate an invited municipality. The initiating resolution of an independent special district must designate one or more invited municipalities and invite the county_

b) An initiating county shall send the initiating resolution by United States certified mail to the chief administrative officer of every invited municipality and each other municipality within the county. An initiating municipality shall send the initiating resolution by United States certified mail to the chief administrative officer of the county, the invited municipality, if any, and each other municipality within the county.

c) The initiating local government shall also send the initiating resolution to the chief administrative officer of each independent special district in the unincorporated area designated in the initiating resolution.

CODING: Words r4r-iAkAp are deletions; words underlined are additions. Ch. 2006- 218 LAWS OF FLORIDA Ch. 2006- 218

2) Within 60 days after the receipt of an initiating resolution the county or the invited municipality, as appropriate shall adopt a responding resolution. The responding resolution may identify an additional unincorporated area or incorporated area, or both, for discussion and may designate additional issues for negotiation. The additional identified area if any, must be specified in the responding resolution by a descriptive exhibit that includes but need not be limited to, a map or legal description of the designated area The additional issues desi- hated for negotiation. if anv. must be listed in the listed in subsection ( 6). The responding resolution may also invite an additional municipality or independent special district to negotiate the interlocal service boundary agreement.

a) Within 7 days after the adoption of a responding resolution, the responding county shall send the responding resolution by United States certified mail to the chief administrative officer of the initiating municipality, each invited municipality, if any, and the independent special district that received an initiating resolution.

b) Within 7 days after the adoption of a responding resolution, an in -

ceived an initiating resolution.

c) An invited municipality that was invited by a responding resolution shall adopt a responding resolution in accordance with paragraph (b).

d) Within 60 days after receipt of the initiating resolution, any independent special district that received an initiating resolution and that desires to participate in the negotiations shall adopt a resolution indicating tion, the independent special district shall send the resolution by United States certified mail to the chief administrative officer of the county, the initiating municipality, each invited municipality, if any., and each notified local government.

3) A municipality within the county which is not an invited municipality may request participation in the negotiations for the interlocal service boundary agreement. Such a request must be accomplished by adopting a requesting resolution within 60 days after receipt of the initiating resolution or within 10 days after receipt of the responding resolution. Within 7 days istrative officer of the initiating local government and each invited munici-

ations.

5 CODING: Words striker are deletions; words underlined are additions. Ch. 2006- 218 LAWS OF FLORIDA Ch. 2006- 218

occurs later.

tion process, if any is reached.

a) Identify a municipal service area.

b) Identify an unincorporated service area.

c) Identify the local government responsible for the delivery or funding of the following services within the municipal service area or the unincorporated service area:

1. Public safety.

2. Fire, emergency rescue, and medical.

3. Water and wastewater.

4. Road ownership, construction, and maintenance.

5. Conservation, parks, and recreation.

6. Stormwater management and drainage.

d) Address other services and infrastructure not currently provided by

tion under s. 163. 3187.

6 CODING: Words 4visl£en are deletions; words underlined are additions. Ch. 2006- 218 LAWS OF FLORIDA Ch. 2006- 218

g) Address other issues concerning service delivery including the transfer of services and infrastructure and the fiscal compensation to one county, municipality, or independent special district from another county municipality, or independent special district.

h) ' Provide for the joint use of facilities and the colocation of services

mined by agreement.

i) Establish a procedure by which the local ,government that is responsible for water and wastewater services shall within 30 days after the annexa -

which are necessary to reflect changes in the entity that is responsible for managingsurface water under such permits.

7) If the interlocal service boundary agreement addresses responsibili-

8) In order to ensure that the health and welfare of the residents affected by annexation will be protected, all fire and emergency medical services shall be provided by the existing provider of fire and emer envy medical services to the annexed area and remain part of the existing municipal service taxing unit or special district unless:

1. The countv and annexing municipality reach an agreement through interlocal agreement or other legally sufficient means as to who shall provide these emergency services; or

2. A fire -rescue services element exists for the respective county's comprehensive plan filed with the state and the annexing municipality meets the criteria set forth.

9) Each local government that is a party to the interlocal service boundary agreement shall amend the intergovernmental coordination element of its comprehensive plan, as described in s. 163.3177( 6)( h)l.,no later than 6 months following entry ofthe interlocal service boundaryagreement consistent with s. 163. 3177( 6)( h) l. Plan amendments required by this subsection are exempt from the twice -per -year limitation under s. 163.3187.

10) An affected person for the purpose of challenging a comprehensive plan amendment required by paragraph ( 6)( f)includes a person who owns real property, resides, or owns or operates a business within the boundaries Ch. 2006- 218 LAWS OF FLORIDA Ch. 2006- 218

11)( a) A municipality that is a party to an interlocal service boundary agreement that identifies an unincorporated area for municipal annexation under s. 171. 202( 11)( a) shall adopt a municipal service area as an amend -

contain:

L A boundary map of the municipal service area.

2. Population proiections for the area.

3. Data and analysis supporting the provision of public facilities for the area.

to municipal annexation or contraction.

ment must require renegotiations to begin at least 18 months before its termination date.

13) No earlier than 6 months after the commencement of negotiations either of the initiating local governments or both, the county, or the invited to agree at the conclusion of the process under chapter 164 the local governments shall hold ajoint public hearing on the issues raised in the negotiations.

14) When the local governments have reached an interlocal service

if it

independent special district.

CODING:• •• letions; words underlined are additions. Ch. 2006-218 LAWS OF FLORIDA Ch. 2006- 218

issues that were specified in the failed initiating resolution

agreement is initiated, the local governments shall negotiate in good faith to the conclusion of the process established in this section.

18) Elected local government officials are encouraged to participate ac- tively and directly in the negotiation process for developing an interlocal service boundary agreement.

19) This part does not impair any existing franchise agreement without

electric utilities or public utilities in accordance with s. 366. 04. In addition

20) This part does not impair any existing contract without the consent of the parties.

land that may be annexed pursuant to this part. As determined in the interlocal service boundary agreement, any character of land may be annexed, including, but not limited to, an annexation of land not contiguous

tion that creates an enclave, or an annexation of land that is not currently served by water or sewer utilities, one of the following options must be followed:

that

CODING: Words s#viel£en are deletions; words underlined are additions. Ch. 2006- 218 LAWS OF FLORIDA Ch. 2006- 218 annexation to the DgRartment of Community Affairs for review under chap- 1C0 A. M.- --- -_- 3 - 1L- - 3------1 _.-- - - i} . . ,.. approve the annexation and comprehensive - plan amendment concurrently at a single public hearing= or

2) A municipality and county shall enter into a joint planning agreement under s. 163. 3171 which is adopted into the municipal comprehensive plan.

reside in th annexation.

to be annexed.

2) if the area to be annexed includes a privately owned solid waste disposal facility as defined in s. 403. 703( 11) which receives municipal solid waste collected within the jurisdiction of multiple local governments the

that an agreement between the annexing municipality and the solid waste disposal facility to govern the operations of the solid waste disposal facility

10 CODING: Words sir-Wcem are deletions, words underlined are additions. Ch. 2006- 218 LAWS OF FLORIDA Ch. 2006- 218

who are registered voters or own property in the area proposed for annexation, or of both such voters and owners for the annexation of property within

171. 206 Effect of interlocal service boundary area agement on annexations,

2) Notwithstanding part L without consent of the county and the af-

independent special district, the independent special district may seek compensation using the process in s. 171. 093.

agreement for the provision of services or the acquisition of public facilities entered into by a county. municinality_ indenendent snecial district_ or nthpr

11 CODING: Words strielep are deletions; words underlined are additions. Ch. 2006- 218 LAWS OF FLORIDA Ch. 2006- 218

171. 208 Municipal extraterritorial power.— This part authorizes a municipality to exercise extraterritorial powers that include but are not limited to, the authority to provide services and facilities within the unincorporated area or within the territory of another municipality as provided within an interlocal service boundary agreement These powers are in addition to

disputes under s. 366. 04. An interlocal agreement has no effect on the resolution of a territorial dispute to be determined by the Public Service Commission.

171. 209 County incorporated area power.— As provided in an interlocal service boundary agreement, this part authorizes a county to exercise powers within a municipality that include, but are not limited to the authority to provide services and facilities within the territory of a municipality. These powers are in addition to other county powers that otherwise exist.

oint

part; however, a county, municipality or independent special district may avail itself of this part, which may result in the repeal or modification of a joint planning agreement or other interlocal agreement. A local government within a county that has adopted a charter provision pursuant to s 171. 044( 4) may avail itself of the provisions of this part which authorize an interlocal service boundary agreement if such interlocal agreement is consistent with the charter of that county, as the charter was approved revised, or amended pursuant to s. 125. 64.

171. 211 Interlocal service boundary agreement presumed valid and binding.—inding_(

1)1) If there is litigation over the terms, conditions, construction or en- forcement of an interlocal service boundary agreement the agreement shall be presumed valid, and the challenger has the burden of proving its invalid - Ay --

2) Notwithstanding part I, it is the intent of this part to authorize a municipality to enter into an interlocal service boundary agreement that enhances, restricts, or precludes annexations during the term of the agreement.

171. 212 Disputes regarding construction and effect of an interlocal service boundary agreement.—If there is a question or dispute about the con-

dures established in chapter 164. If there is a failure to resolve the conflict no later than 30 days following the conclusion of the procedures established in chapter 164, the local government may file an action in circuit court For purposes of this section, the term " local government" means a party to the interlocal service boundary agreement.

12 CODING: Words stviAkAp are deletions; words underlined are additions. Ch. 2006- 218 LAWS OF FLORIDA Ch. 2006- 218

Section 2. Subsection ( 2) of section 171. 042, Florida Statutes, is amended, and subsection ( 3) is added to that section, to read:

171. 042 Prerequisites to annexation.—

2) Not fewer than 15 days prior to commencing the annexation procedures under s. 171. 0413, the governing body of the municipality shall file a copy of the report required by this section with the board of county commissioners of the county wherein the municipality is located. Failure to timely file the report as required in this subsection may be the basis for a cause of action invalidating the annexation.

3) The governing body of the municipality shall not less than 10 days prior to the date set for the first public hearing required by s 171. 0413( l), mail a written notice to each person who resides or owns property within the area proposed to be annexed. The notice must describe the annexation proposal, the time and place for each public hearing to be held regarding the annexation, and the place or places within the municipality where the proposed ordinance may be inspected by the public A copy of the notice must be kept available for public inspection during the regular business hours of the office of the clerk of the governing body.

Section 3. Subsection ( 6) of section 171. 044, Florida Statutes, is amended to read:

171. 044 Voluntary annexation.—

6) Not fewer than 10 days prior to Ulp( publishing or posting the ordinance notice required under subsection ( 2), the governing body of the municipality must provide a copy of the notice, via certified mail, to the board of the county commissioners of the county wherein the municipality is located. The notice provision provided in this subsection may shall not be the basis for a of any cause of action invalidating ehalle g the annexation.

Section 4. Section 171. 094, Florida Statutes, is created to read:

171. 094 Effect of interlocal service boundary greements adopted under part II on annexations under this part.

1) An interlocal service boundary agreement entered into pursuant to part II is binding on the parties to the agreement and a party may not take any action that violates the interlocal service boundary agreement

2) Notwithstanding any other provision of this part without the consent of the county, the affected municipality, or affected independent special district by resolution, a county, an invited municipality, or independent special district may not take any action that violates an interlocal service boundary agreement.

Section 5. Section 171. 081, Florida Statutes, is amended to read:

171. 081 Appeal on annexation or contraction. -

13 CODING: Words strieken are deletions; words underlined are additions. Ch. 2006-218 LAWS OF FLORIDA Ch. 2006- 218

M No later than 30 daYs following the passage e= an annex t* Any party affected who believes that he or she will suffer material injury by reason of the failure of the municipal governing body to comply with the procedures set forth in this chapter for annexation or contraction or to meet the requirements established for annexation or contraction as they apply to his or her property may file a petition in the circuit court for the county in which the municipality or municipalities are located seeking review by certiorari. The action may be initiated at the party' s option within 30 days following' the passage of the annexation or

dispute resolution process in subsection ( 2). In any action instituted pursuant to this subsection section, the complainant, should he or she prevail, shall be entitled to reasonable costs and attorney' s fees.

Section 6. Subsection ( 11) of section 163. 01, Florida Statutes, is amended to read:

163. 01 Florida Interlocal Cooperation Act of 1969.—

11) Prior to its effectiveness, an interlocal agreement and subsequent amendments thereto shall be filed with the clerk of the circuit court of each county where a party to the agreement is located; however, if the parties to

the legal or administrative entity maintains its principal place of business.

Section 7. Section 164. 1058, Florida Statutes, is amended to read:

164. 1058 Penalty.—If a primary conflicting governmental entity whiph

fails to participate in good faith in the conflict assessment meeting, mediation, or other remedies provided for in this act, And- tbe i-Ritiatlnaf afiAcnrrmor. to entity files Suit Ma -d- is the prevailing party its surb suit; the primary disputing governmental entity that wish failed to participate in good faith shall be required to pay the attorney' s fees and costs in that proceeding of the prevailing primary conflicting governmental entity

Section 8. The Division of Statutory Revisi 171. 011- 171. 094. Florida StatutPG_ aG nart T

14 CODING: Words strislcAn are deletions; words underlined are additions. Ch. 2006- 218 LAWS OF FLORIDA Ch. 2006- 218

utes, and ss. 171. 20- 171. 212, Florida Statutes as created by this act as part II of chapter 171, Florida Statutes.

Section 9. Section 163. 31801, Florida Statutes, is created to read:

163. 31801 Impact fees; short title; intent; definitions-, ordinances levying impact fees.—

1) This section may be cited as the " Florida Impact Fee Act."

and local governments' reliance on impact fees, it is the intent of the Legisla- ture to ensure that, when a county or municipality adopts an impact fee by ordinance or a special district adopts an impact fee by resolution the governing authority complies with this section. An impact fee adopted by ordinance of a county or munici

a) Require that the calculation of the impact fee be based on the most recent and localized data.

such im

c) Limit administrative charges for the collection of impact fees to actual costs.

or fee.

4) Audits of financial statements of local governmental entities and dis-

entitv or district school board stating that the local governmental entity or district school board has complied with this section.

Section 10. This act shall take effect upon becoming a law. Approved by the Governor June 14, 2006.

Filed in Office Secretary of State June 14, 2006.

15 CODING: Words strielren are deletions; words underlined are additions. RESOLUTION NO. 06-010

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE TOHOPEKALIGA WATER AUTHORITY PROVIDING FOR THE EFFECTIVE DATE OF REVISED

WATER AND WASTEWATER IMPACT FEES, PROVIDNG FOR COMPLIANCE WITH THE FLORIDA IMPACT FEE ACT AND PROVIDING FOR APPLICABILITY AND AN EFFECTIVE DATE.

BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE TOHOPEKALIGA WATER AUTHORITY:

SECTION 1. AUTHORITY. This Resolution is adopted pursuant to

Chapter 2003- 368, Laws of Florida, Chapter 189, Florida Statutes, Chapter 2006- 218,

Laws of Florida ( the " Florida Impact Fee Act") and other applicable laws (the " Act").

SECTION 2. FINDINGS It is hereby ascertained, determined and declared by the Board of Supervisors ( the ' Board") of the Tohopekaliga Water Authority ( the " Authority") that: A) Pursuant to Section 12(3) of the Act and by Resolution No. 06-010, the

Authority has changed and revised certain water and wastewater impact fees. Said

Resolution No. 06- 010 left the effective date of said impact fees blank.

B) The Florida Impact Fee Act requires that notice be provided no less than

90 day before the effective date of an ordinance or resolution imposing a new or amended impact fee.

C) The impact fees provided for in Resolution No. 06- 010 have been calculated based upon the most recent and localized data. SECTION 3. REVISED EFFECTIVE DATE AND COMPLIANCE REQUIREMENTS D) The impact fees provided for in Resolution No. 06- 010 shall be accounted for and reported as provided for in the Florida Impact Fee Act.

E) Administrative charges for the collection of such impact fees shall be limited to actual costs.

F) Notice shall be provided at least 90 days before the effective date of

Resolution No. 06- 010.

G) Resolution No. 06- 010 is amended to provide that it shall become effective after provision of such 90 day notice and on December 31, 2006.

H) The impact fees provided for in Resolution No. 06- 010 shall become effective on January 1, 2007 and after provision of the 90 day notice required by the

Florida Impact Fee Act.

SECTION 4. APPLICABILITY AND EFFECTIVE DATE. This Resolution shall be liberally construed to effect the purposes hereof and shall take effect immediately upon its adoption,

PASSED AND DULY ADOPTED by the Board of Supervisors of the Tohopekaliga Water Authority on the 13th day of September_ 2006.

BOARD OF SUPERVISORS OF THE TOHOPEKALIGA WATER AUTHORITY

Mary Jane Arrington, Vice Chairman ATTEST:

John E. Moody, Secretary RESOLUTION NO. 06- 010

A RESOLUTION OF THE BOARD OF SUPERVISORS OF

THE TOHOPEKALIGA WATER AUTHORITY

PROVIDING FOR THE EFFECTIVE DATE OF REVISED

WATER AND WASTEWATER IMPACT FEES, PROVIDNG FOR COMPLIANCE WITH THE FLORIDA

IMPACT FEE ACT AND PROVIDING FOR APPLICABILITY AND AN EFFECTIVE DATE.

BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE

TOHOPEKALIGA WATER AUTHORITY:

SECTION 1. AUTHORITY. This Resolution is adopted pursuant to

Chapter 2003- 368, Laws of Florida, Chapter 189, Florida Statutes, Chapter 2006- 218,

Laws of Florida ( the ' Florida Impact Fee Act") and other applicable laws ( the " Act")

SECTION 2. FINDINGS It is hereby ascertained, determined and declared by the Board of Supervisors (the ' Board") of the Tohopekaliga Water Authority ( the " Authority") that: A) Pursuant to Section 12( 3) of the Act and by Resolution No. 06- 010, the

Authority has changed and revised certain water and wastewater impact fees. Said

Resolution No. 06- 010 left the effective date of said impact fees blank.

B) The Florida Impact Fee Act requires that notice be provided no less than

90 day before the effective date of an ordinance or resolution imposing a new or amended impact fee.

C) The impact fees provided for in Resolution No. 06- 010 have been

calculated based upon the most recent and localized data. SECTION 3. REVISED EFFECTIVE DATE AND COMPLIANCE REQUIREMENTS D) The impact fees provided for in Resolution No. 06- 010 shall be accounted

for and reported as provided for in the Florida Impact Fee Act.

E) Administrative charges for the collection of such impact fees shall be

limited to actual costs.

F) Notice shall be provided at least 90 days before the effective date of

Resolution No. 06- 010.

G) Resolution No. 06- 010 is amended to provide that it shall become effective

after provision of such 90 day notice and on December 31, 2006.

H) The impact fees provided for in Resolution No. 06- 010 shall become

effective on January 1, 2007 and after provision of the 90 day notice required by the

Florida Impact Fee Act.

SECTION 4. APPLICABILITY AND EFFECTIVE DATE. This Resolution shall be liberally construed to effect the purposes hereof and shall take effect immediately upon its adoption,

PASSED AND DULY ADOPTED by the Board of Supervisors of the Tohopekaliga Water Authority on the 13th day of September_ 2006.

BOARD OF SUPERVISORS OF THE TOHOPEKALIGA WATER AUTHORITY

Mary Jane Arrington, Vice Chairman ATTEST:

John E. Moody, Secretary Category: New Business

APPROVAL TO INITIATE THE REQUEST FOR QUALIFICATIONS FOR THE SELECTION OF AN ARCHITECT FOR THE ADMINISTRATIVE BUILDING PROJECT

Explanation: The Authority has entered into two letters of intent for the purchase of a site for its administrative building. Over the next 60- 90 days, the Authority will be conducting its due diligence of both properties to provide information to assist the Board in deciding which of the two parcels to purchase for the site. With two sites of acceptable size and location being investigated, the staff believes it is appropriate to initiate the RFQ process for the selection of an architectural firm to provide for the design of the Authority's building. The process will take approximately 3 - 4 months and therefore would allow the Authority to initiate design immediately after closing on one of the properties. Should the Authority decide not to purchase either property or be unable to complete the purchase either property, an architectural firm will still be needed for the project when a site is obtained.

Recommendation: Staff recommends the Authority proceed with the request for qualifications process for the selection of an architectural firm for the design of the administrative building.

RFQARCHITECTADMINBLDG. 09. 13. 06. BLW

1 [ 11"11, CATEGORY: NEW BUSINESS

APPROVAL OF RESOLUTION 06 — 01 - RESERVE ACCOUNT RELEASE AND RESOLUTION 06 — 015 - MASTER BOND RESOLUTION AMENDMENT

ATTACHMENTS:

o Financial Advisor Memo

o Resolution Relating To The Reduction Of The Series 2003 Bonds Reserve Account Requirement For The Authority' s Utility System Revenue Bonds, Series 2003A And Utility System Revenue Bonds, Series 2003B Providing For Disposition Of Moneys Released Thereby; Approving An Exchange of the Reserve Account Surety Policy for the Series 2003B Bonds and Authorizing Execution of a Substitute Reimbursement Agreement In Connection

o Resolution Exhibit A - Certificate of Reduction

o Resolution Exhibit B - FSA ( Financial Security Assurance) Commitment Letter

o Resolution Amending the Master Bond Resolution No. 03- 005

o FSA Consent to Amendment

Explanation: The first resolution relates to the reduction of the Series 2003 Bonds Reserve Account Requirement thereby releasing $ 5, 364, 237. 50 out of the Series 2003A Bonds Debt Service Reserve account for deposit into the Project Fund. The Master Bond Resolution permitted the release of 50% of the Reserve Account Requirement at such time as the debt service coverage on the outstanding Bonds equaled or exceeded 150% for the two ( 2) preceding fiscal years ( FY2004 and FY2005). This constitutes an additional release of $ 4. 1 million above budgeted financial projections to fund capital projects ( infrastructure investment) from monies that would have otherwise been held in bond reserves. Adoption of the Resolution will accomplish release of the cash and substitution of the new FSA Surety. The premium percentage for such Surety is the same as it was when the Series 2003B Bonds were issued, 2. 25% of the Issue Amount. The calculated premium payment would be $ 27, 611. 72.

The second resolution amends the Master Bond Resolution No. 03- 005. This amendment provides for the inclusion of investment earnings in the definition of System Development Charges. In the process of confirming debt service coverage and the release of the Series 2003 Bonds Reserve Account Requirement, the Financial Advisor and Bond Counsel advised that certain language pertaining to the calculation be amended for the inclusion of investment earnings in the definition of System Development Charges. FSA, Bond Insurer, has reviewed and consented to the proposed amended.

Recommendation: Staff recommends approval of the two resolutions.

Reserve Account Release and Master Bond Resolution Amendment. 09. 13. 06rh 1013 ManuaUNN SOUTHEASTERN INVESTMENT SECURITIES, INC.. FINANCIAL ADVISORS AND PRIVATE. INVESTMENT BANKING I s

RICHARD TMAGNER President

MEMORANDUM

TO: Brian Wheeler

FROM: Richard T. Wagner

RE: TWA Outstanding Bond Issues: Reduction in Reserve Account Requirement and Amendment to Master Bond Resolution

DATE: September 5, 2006

Attached are two Resolutions for the Board' s consideration, both of which, if adopted, will be in the best interest of the Authority, ratepayers and customers.

The first Resolution relates to the reduction of the Series 2003 Bonds Reserve Account Requirement thereby releasing $ 5, 364, 237. 50 out of the Series 2003A Bonds Debt Service Reserve account for deposit into the Project Fund. The Master Bond Resolution permitted the release of 50% of the Reserve Account Requirement at such time as the debt service coverage on the outstanding Bonds by the Pledged Revenues equaled or exceeded 150% for the two ( 2) preceding fiscal years ( which has been attained).

As Financial Advisor to the Authority we have worked in collaboration with the Authority' s Bond Counsel, Bryant Miller Olive, Underwriter, First Southwest and FSA as the Bond Insurer for the Series 2003 Bonds, to effect this release of cash. FSA has agreed to issue an additional Debt Service Reserve Surety in the Issue Amount of 1, 227, 187. 50 on the Series 2003A Bonds which, together with the existing Surety from the Series 2003B Bonds will meet the reduced Reserve Account Requirement. Adoption of the attached Resolution relating to the reduction of the Reserve Account Requirement will accomplish release of the cash and substitution of the new FSA Surety. The premium percentage for such Surety is the same as it was when the Series 2003B Bonds were issued, 2. 25% of the Issue Amount. Calculated on the Issue Amount shown above, the premium payment would be $ 27, 611. 72.

Additionally, Bryant Miller Olive has prepared a Resolution amending the Master Bond Resolution No. 03- 005 which provides for the inclusion of investment earnings in the definition of System Development Charges and such change has been consented to by FSA. We recommend adoption of both of these Resolutions and will be pleased to attend an Authority meeting to discuss this matter at your further direction.

RTW/ pas Attachments cc: Rodney Henderson Robert Freeman, Esq., BMO Grace Dunlap, Esq., BMO

1075 W. MORSE BOULEVARD, WINTER PARK, FL 32789- 3737

TELEPHONE 407. 647. 1000 . FAX 407. 647. 5526. E- mail: rtwagner1 @earthlink. net RESOLUTION NO. 06- 014

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE TOHOPEKALIGA WATER AUTHORITY, RELATING TO THE REDUCTION OF THE SERIES 2003 BONDS RESERVE ACCOUNT REQUIREMENT FOR THE AUTHORITY' S UTILITY SYSTEM REVENUE

BONDS, SERIES 2003A AND UTILITY SYSTEM REVENUE BONDS, SERIES 200313; PROVIDING FOR DISPOSITION OF MONEYS RELEASED

THEREBY; APPROVING AN EXCHANGE OF THE RESERVE ACCOUNT

SURETY POLICY FOR THE SERIES 2003B BONDS AND AUTHORIZING

EXECUTION OF A SUBSTITUTE REIMBURSEMENT AGREEMENT IN

CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE.

BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE TOHOPEKALIGA WATER AUTHORITY:

SECTION 1. AUTHORITY FOR THIS RESOLUTION. This resolution is adopted pursuant to the provisions of Chapter 2003- 368, Laws of Florida, and other applicable provisions of law (collectively, the " Act"), and of Resolution No. 03- 005, adopted by the Board of Supervisors ( the " Board") of the Tohopekaliga Water Authority (" Authority") on July 17, 2003, as amended and supplemented ( collectively, the " Master Resolution"), particularly as supplemented by Resolution No. 03- 019, adopted on October 8, 2003 ( the

Series 2003A Supplemental Bond Resolution" and, together with the Master

Resolution, the " Bond Resolution").

SECTION 2. FINDING. It is hereby by found, determined and declared by the Board as follows:

A. The Authority has heretofore issued its Utility System Revenue Bonds, Series 2003A ( the " Series 2003A Bonds"), and thereafter its Utility System Revenue Bonds, Series 2003B ( the " Series 2003B Bonds") ( collectively, the " Series 2003 Bonds"). Pursuant to Section 4. 01A of the Series 2003A Supplemental Bond Resolution, the Series

2003 Bonds Reserve Account Requirement ( which is in effect with respect to both the

Series 2003A Bonds and the 2003B Bonds) is reduced to 50% of the Maximum Annual

Debt Service Requirement on deposit in the Series 2003 Bonds Reserve Sub account.

B. The Business Services Manager has certified that the coverage in the two preceding Fiscal Years of the Authority of the Pledged Revenues of the Maximum Debt Service Requirement on the Series 2003 Bonds exceeds 150% of the Maximum Annual Debt Service Requirement. A copy of the certificate of the Business Service Manager is attached hereto as Exhibit A.

C. A portion of the Series 2003 Bonds Reserve Account Requirement is currently provided pursuant to a Municipal Bond Debt Service Reserve Insurance Policy No. 201970- R ( the " Existing Reserve Policy"), issued by Financial Security Assurance Inc. (" FSA"), for the benefit of the Series 2003B Bonds, and the Board finds it in the best interest of the Authority to request FSA to reissue the Existing Reserve Policy the " Reissued Reserve Policy") to secure both the Series 2003A and Series 2003B Bonds and also to issue a new Reserve Policy to also secure the Series 2003A Bonds as further described herein.

SECTION 3. REDUCTION OF SERIES 2003 BONDS RESERVE ACCOUNT REQUIREMENT; REISSUED 2003B RESERVE POLICY. Pursuant to and as permitted by the provisions of Section 4. 01A of the Series 2003A Supplemental Bond Resolution, the covenant regarding the Series 2003 Bonds Reserve Account Requirement required to be on deposit in the Series 2003 Bonds Reserve Sub account has been satisfied in order to allow such amount to be reduced to 50% of the Maximum Debt Service Requirement on both issues of the Series 2003 Bonds.

The Executive Director, the Financial Advisor, Counsel to the Authority and Bond Counsel are authorized to make the necessary requests and take the necessary action to negotiate with FSA to receive both (a) a Reissued Reserve Policy to replace the current existing Reserve Policy which originally secured only the Series 2003B Bonds for deposit to the 2003 Bonds Reserve Sub account for the benefit of both the Series 2003A

Bonds and the Series 2003B Bonds and ( b) to purchase pursuant to the FSA

Commitment Letter, attached hereto as Exhibit B ( the " FSA Commitment") and release the cash and securities now on deposit in the Series 2003 Bonds Reserve Sub account for use by the Authority for capital projects, a new Municipal Bond Debt Service Reserve Insurance Policy under the terms and conditions of the FSA Commitment.

The Executive Director and such other officers and officials of the Authority, on the advice of the Financial Advisor, Counsel to the Authority and Bond Counsel, are hereby authorized to take all action and steps to execute and deliver, on behalf of the Authority, and in their official capacities, a reimbursement agreement between the Authority and FSA, guaranteeing payment of any draws on the Reissued Reserve Policy, and the new reserve policy, and such other documents necessary or desirable in connection with the delivery and deposit of the Reissued Reserve Policy. SECTION 4. USE OF MONEYS RELEASED FROM SERIES 2003 BONDS RESERVE SUBACCOUNT. The moneys released from the Series 2003 Bonds Reserve Sub account, due to the reduction in the required coverage, shall be withdrawn and deposited in the Project Fund, and used for the purposes set forth therein.

SECTION 5. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions of this resolution should be held to be contrary to any express provision of law or to be contrary to the policy of express law, though not expressly prohibited, or to be against public policy, or should for any reason whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements, or provisions of, and in no way affect the validity of, all the other provisions of this resolution.

SECTION 6. REPEALING CLAUSE. All resolutions of the Board, or parts thereof, in conflict with the provisions of this resolution are to the extent of such conflict hereby superseded and repealed.

SECTION 7. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED THIS —13th— day of September, 2006.

BOARD OF SUPERVISORS OF THE

TOHOPEKALIGA WATER AUTHORITY

By: Mary Jane Arrington, ViceChairman

ATTEST:

John E. Moody, Secretary FE, 011 FSA Aax.fra Cnm aara August 2, 2006

VIA E- MAIL Mr. Brian L. Wheeler Executive Director Tohopekaliga Water Authority, Florida 101 North Church Street Kissimmee, Florida 34741

Re: Tohopekaliga Water Authority, Florida Utility System Revenue Bonds, Series 2003A and 2003B

Dear Mr. Wheeler

Please find attached one original of our municipal bond debt service reserve commitment letter in respect of the above -referenced issue. Please return one fully executed copy to Ms. Erika Diaz, of our office, prior to any reference to Financial Security as insurer of the issue being made in marketing efforts in respect of the issue.

Attached as a link to this e- mail is Financial Security' s website, where the logo, statement of insurance, disclosure language, specimen policy, procedures for premium payment, form of opinion and form of no default and tax certificate may be accessed and downloaded as needed.

We will deliver to Bond Counsel, at the pre- closing, assuming the requirements of the commitment letter have been met, an opinion of counsel as to the validity of the policy, no default and tax certificate and the executed original policy.

Please ensure the following people are added to the Distribution List for this Financing: Elliot Schreiber, Associate General Counsel Telephone: ( 212) 339- 0869 Telecopier: ( 212) 857- 0518 E -Mail: ESchreiber@FSA. com

Jim Doyle, Director Telephone: 212) 339- 3462 Telecopier: 212) 857- 0354 E -Mail: JDoyle@FSA. com

Erika Diaz, Legal Assistant and Closing Coordinator Telephone: 212) 893- 2706 Telecopier: 212) 857- 0349 E -Mail: EDiaz@FSA. com

Financial Security requires one original and two copies of the final closing transcript of proceedings and it may be in the form of either hard copies or three CD- ROMs.

I look forward to working with you.

Yours truly,

Elliot Schreiber Associate General Counsel

ec: Robert O. Freeman, Esq.; Bryant Miller Olive, P. A. Mr. Mark P. Galvin, Senior Vice President; First Southwest Company Mr. Richard T. Wagner, President; Southeastern Investment Securities, Inc.

Financial Seeurity. ;* suraanc 3I' 41'04 5zn t Siree i . Nov York, New Pratt. raaom` R4' t. ct° ia. erl.asra ro l aa y as , fat3l4.;luaai N' e ` ork, I Paalht, , San Francisco . Laaaadon - Madrid . Paris . Singaalsore •' Sydne 1ikyo EXHIBIT A

MUNICIPAL BOND DEBT SERVICE RESERVE 9PFSAINSURANCE COMMITMENT

Issuer: Tohopekaliga Water Authority, Florida Date of Commitment: August 2, 2006

Bonds Insured: Utility System Revenue Bonds, Series 2003A and 2003B

Premium: 2. 25% of Policy Limit Expiration Date: Friday, October 6, 2006

Policy Limit: $ 1, 226, 362. 44

FINANCIAL SECURITY ASSURANCE INC. (" Financial Security"), a stock insurance company, hereby commits to issue its Municipal Bond Debt Service Reserve Insurance Policy ( the " Reserve Policy"), in the form attached hereto as Exhibit A, relating to the above- described debt obligations ( the ' Bonds"), subject to the terms and conditions contained herein or added hereto. All terms used herein and not otherwise defined shall have the meanings ascribed to them in the document setting forth the security for and authorizing the issuance of the Bonds ( the " Resolution").

To keep this Commitment in effect after the Expiration Date set forth above, a request for renewal must be submitted to Financial Security prior to such expiration date. Financial Security reserves the right to refuse wholly or in part to grant a renewal. To keep the Commitment in effect to the Expiration Date set forth above, Financial Security must receive a duplicate of this Commitment executed by an authorized officer of the Issuer by the date which is ten days from the date of this Commitment.

THE RESERVE POLICY SHALL BE ISSUED UPON SATISFACTION OF THE FOLLOWING CONDITIONS:

There shall be no material change in or affecting the Bonds ( including, without limitation, the security for the Bonds) or the financing documents since the date the Bonds were originally insured by Financial Security.

2. Financial Security shall be provided with:

a) An opinion of Bryant Miller Olive, P. A., addressed to and in form and substance satisfactory to Financial Security, as to the ( i) due authorization, validity and enforceability of the Resolution, the Insurance Agreement and the document which incorporates the requirements set forth in Paragraph 5 hereof and ( ii) the Policy constituting a debt service reserve insurance policy which is permitted to be delivered under the applicable provisions of the Resolution.

b) Evidence of wire transfer in federal funds in an amount equal to the insurance premium, unless alternative arrangements for the payment of such amount acceptable to Financial Security have been made prior to the delivery date of the Reserve Policy.

The Resolution shall include the following terms and conditions and shall be in form and substance acceptable to Financial Security:

a) The Issuer shall repay any draws under the Reserve Policy and pay all related reasonable expenses incurred by Financial Security. Interest shall accrue and be payable on such draws and expenses from the date of payment by Financial Security at the Late Payment Rate. " Late Payment Rate" means the lesser of (a) the greater of ( i) the per annum rate of interest, publicly announced from time to time by JPMorgan Chase Bank at its principal office in the City of New York, as its prime or base lending rate (' Prime Rate") ( any change in such Prime Rate to be effective on the date such change is announced by JPMorgan Chase Bank) plus 3%, and ( ii) the then applicable highest rate of interest on the Bonds and ( b) the maximum rate permissible under applicable usury or similar laws limiting interest rates. The Late Payment Rate shall be computed on the basis of the actual number of days elapsed over a year of 360 days. In the event JPMorgan

Page 1 of 3 L:\ LEGAL\ MUNIS\ STATES\ FL\ 94037—D. doc Chase Bank ceases to announce its Prime Rate publicly, Prime Rate shall be the publicly announced prime or base lending rate of such national bank as Financial Security shall specify.

Repayment of draws and payment of expenses and accrued interest thereon at the Late Payment Rate collectively, " Policy Costs") shall commence in the first month following each draw, and each such monthly payment shall be in an amount at least equal to 1/ 12 of the aggregate of Policy Costs related to such draw.

Amounts in respect of Policy Costs paid to Financial Security shall be credited first to interest due, then to the expenses due and then to principal due. As and to the extent that payments are made to Financial Security on account of principal due, the coverage under the Reserve Policy will be increased by a like amount, subject to the terms of the Reserve Policy.

All cash and investments in the debt service reserve fund established for the Bonds ( the " Reserve Fund") shall be transferred to the debt service fund for payment of debt service on Bonds before any drawing may be made on the Reserve Policy or any other credit facility credited to the Reserve Fund in lieu of cash Credit Facility"). Payment of any Policy Costs shall be made prior to replenishment of any such cash amounts. Draws on all Credit Facilities ( including the Reserve Policy) on which there is available coverage shall be made on a pro -rata basis ( calculated by reference to the coverage then available thereunder) after applying all available cash and investments in the Reserve Fund. Payment of Policy Costs and reimbursement of amounts with respect to other Credit Facilities shall be made on a pro -rata basis prior to replenishment of any cash drawn from the Reserve Fund.

b) If the Issuer shall fail to pay any Policy Costs in accordance with the requirements of Paragraph 5( a) hereof, Financial Security shall be entitled to exercise any and all legal and equitable remedies available to it, including those provided under the Resolution other than ( i) acceleration of the maturity of the Bonds or ( ii) remedies which would adversely affect owners of the Bonds.

c) The Resolution shall not be discharged until all Policy Costs owing to Financial Security shall have been paid in full. The Issuer' s obligation to pay such amounts shall expressly survive payment in full of the Bonds.

d) The additional bonds test and the rate covenant in the Resolution shall expressly provide for at least one times coverage of the Policy Costs then due and owing.

e) The Resolution shall require the Trustee to ascertain the necessity for a claim upon the Reserve Policy and to provide notice to Financial Security in accordance with the terms of the Reserve Policy at least five business days prior to each date upon which interest or principal is due on the Bonds. Where deposits are required to be made by the Issuer with the Trustee to the debt service fund for the Bonds more often than semi- annually, the Trustee shall be instructed to give notice to Financial Security of any failure of the Issuer to make timely payment in full of such deposits within two business days of the date due.

The Reserve Policy shall expire on the earlier of the date the Bonds are no longer outstanding and the final maturity date of the Bonds.

The Issuer shall deliver to Financial Security an executed Insurance Agreement in substantially the form of Exhibit B hereto.

The Reserve Policy shall be issued with respect to the Issuer' s Series 2003A and 2003B Bonds and, together with the Reserve Policy issued by Financial Security on October 30, 2003 with respect to the Issuer' s Series 2003B Bonds ( which Reserve Policy shall be amended to also insure the Series 2003A Bonds), shall insure only the Series 2003A and 20038 Bonds.

Page 2 of 3 L:\ LEGAL\ MUNIS\ STATES\ FL\ 94037—D. doc Promptly after the issuance of the Reserve Policy, Financial Security shall receive a complete set of executed documents implementing the requirements of this Commitment.

FINANCIAL SECURITY ASSURANCE INC.

Authorized Officer

Tukeep this commitment ineffect tothe Expiration Date set forth onthe first page, Financial Security must receive by the date which is { on days from the date of this Commitment a duplicate of this Commitment executed by an appropriate officer of the Issuer.

The undersigned agrees that if the debt service reserve fund requirement for the Bonds is met in whole or in part by credit instrument, such credit instrument shall be Reserve Policy provided by Financial Security inaccordance with the terms ofthis Commitment.

TOHOPEKAL| GAWATER AUTHORITY, FLORIDA

By:

Title:

Date:

Page 3of3 EX I IT A

tipFINANCIAL MUNICIPAL BOND BT R I E SECURITY RESERVE INSU NCE P IC ASSURANCE®

ISSUER: Poli No.-

E ct a ate: BONDS: Pr mi

Ter in tion ate:

FINANCIAL SECURITY ASSURANC INC. " Fi anc I e ri r o sideratio re eiv d, here UNCONDITIONALLY AND IRREVO ABL agrees o ay o e u he ' T stee" or pa ing nt ( th Paying Agent") as set forth in th cu entation ' h " B d Do u of pr vi ing or the is ua ce of an securing the Bonds, for the be t of he wners, s j t o ly o t e m of hi Po cy (whic inc d ea endorsement hereto), that ion of th prin ' al o d i t es on h o d :_ th shall b o ue f r Payment but shall be unp ' ° by reaso of on a e t th Is ue

Financial Secu ' will ake pay' n as ` rovi din his of y th T ste Pa ' g Ag n on he I of the Business D on hi h such nci al d interest bec m s e fo ay t or the B si es Day next following the siness on ich `Fi an ial Securit sh I v ` ecei N ti e of Nonp en in' a form reasonably atisfactory o . Notice o No payment ill b d e rec i ' ed o a given Bu i Day if it is received pri r to 1: 00 p. . ( Ne York ti e) n such Bu nes y; he s it wi , be deeme received on the ne sin s '`Day. If a y tice f on ayment re eivy ' i anci I Se u ty is in '' plete, it shall be eme no to ha e be n rec iv b na ial Securit for pu po e of p c ding ntence and Financial ecurity h II p tly ad e th rus e, ing g t r I er, a a p , p ' e, who may submit an amende N tic" of on ment. Pa nt y Fi* a Se uri t ' t e u' to o aying Agent for the benefit of the O n ss all to t extent the di har e' t e bli ti n f ina c I ecurity under this Policy. Upon su pay t, in ci ecurity sh I eco e titl d o r m ur en o e amount so paid ( together with in r sta d xp n s)' u uantto [ on ` Do u n ] [ I u an ' e eement].'

e a un vaila le nd r this Poll y fo ym nt hal n e eed the Policy Limit. The amount available a ny parti lar time t b pai to the Tr stee or Pa ing Ag '" t der the terms of this Policy shall automatically be r ced y, any p m t u der this olicy. Ho ev , er such payment, the amount available under this Policy all e ' rein st ed fu or in ` but only p' t e Policy Limit, to the extent of the reimbursement of such pa t ( excl ive f in r a d xpenses to inancial Security by or on behalf of the Issuer. ! Within threeBu in ss. D of su h r ' burs m t, Fina cial Security shall; provide the Trustee, the Paying Agent and, the Issue h n ice of th reimburse ent nd r nstatement

Pay e t u er this P licy shall n t be available with respect to ( a) any Nonpayment that occurs prior to the tive e o after the ermination Date of this Policy or (b) Bonds that are not' outstanding under the Bond Doc en. if t amoun payable der this Policy is also payable under another insurancepolicyor surety bond ' ns i th Bonds, ay t first shall be made under this Policy to the extent of the amount available de thi lic up to the P y Limit. In no event shall Financial Security incur duplicate liability for the same a o is ng; ith resp to the Bonds that are covered under this Policy and any otherinsurancepolicy or s re bo d hat inancial Security has issued.

Exc pt o t e extent expressly modified; by an endorsement hereto, the following terms shall have the meanin' s s led for all purposes of this Policy. " Business Day" means any day other than ( a) a Saturday or Sunda' or ( a day on which banking institutions in the State of New York are, or the Insurer's Fiscal Agent is, author' ed or required by law or executive order to remain closed. " Due for Payment" means ( a) when referring to th principal of a Bond, payable on the stated maturity date thereof or the date on which the same shall have duly called for mandatory sinking; fund redemption and does not refer to any earlier date on which payment is due by reason of call for redemption ( other than by, mandatory sinking fund redemption), acceleration or other advancement of maturity unless Financial Security shall elect, in its sole discretion, to pay' such principal due upon such acceleration together with any accrued interest to the date of acceleration and ( b) when referring to Page 2 of 2 Policy No. - R

interest on a Bond,; payable on the stated date for payment of interest. " Insurance reeme can t Insurance Agreement dated as of the effective date hereof in respect of this Polic as the s e ma amended or supplemented from time to time. " Nonpayment" means, in respec Bond, the a ure o t Issuer to have provided sufficient funds to the Paying Agent for payment in full all pr cipal and ' t rest th t Due for Payment on such Bond. " Nonpayment" shall also include, in respect o a Bo d any p ent' f princ I or interest that is Due for Payment made to an Owner by or on behalf of Is uer t t as en rec ered fr such Owner pursuant to the United States Bankruptcy Code by a trust i ba krupt y i , ac ordance ith a fi nonappealable order of a court having competent jurisdiction. " No ce" ea s tele " h nic r teleco ied noti subsequently confirmed in a signed writing; or written notice b g tere or ertifi d : ail fro e ss r, t Trustee or the Paying Agent to Financial Security which noti s al speci ), the e son ent ak g the . claim, ( b) the Policy Number, ( c) the claimed amount and ( ) t ate s' ch cl im d mo nt be a e e for Payment. " Owner" means, in respect of a Bond, the rson r e ti who, t tim Nonpay n is titled' under the terms of such Bond to payment of princi I or ter st t r un er e c' t t at ' Owner" s II of lude the Issuer or any person or entity whose direct r indir ct lig do c ns it to th derlying' s c rityo the Bonds. " Policy Limit" shall be the dollar amount f,the de t s rvic r se e d q re to be inta ed o the Bonds by the Bond Document from time tim ( the " De S rvi es e it nt"), tin no ve t all the Policy Limit exceed $ . T licy imit shall u om tic Ily n ' re c I be educed f rn im to time by the amount of each red on in th Debt Se . ' c R e e e it e , s p ovided i th B nd Document.

Financial Security may a point a fis al ge t ( t " In rer sc A n' fo p rp of i P, icy y; giving written notice to e ru ee and th in ' Ag t spe ifyi g t e m a n is ad ress o t el ` ure Fiscal Agent. Fro daft rt date rece to such notic by h T ee a th P ying Agent ( ) c ies of all notices requir to be de' v ed Financi IS curitypurs ant o his olicy all e simultaneo sl ivered to the Insurer' s iscal Agen a d t Financia Se urity and s all of be em re i d until rec iv by both` and ( b) ay ents requi, d to e made y inancial S cud nd r this lic ay be m e directly by Finan ' I S uri or by the rer F' 1 ge on behalf f F a ci ecu it h Insure Fiscal Agent is the ent of in cial curi my th I sur res Fiscal' A ent ` h II i o e t b Ii ble any Owner for any act the Ins re s F c Ag or any fai ' r of inan S un t d' p sit r: u e e deposited sufficient fun s to mak p ym t du u der this P is .

T e f Ile t e e pe„ ed by ap is ble w, ina c IS c ity ee n t to assert, and hereby waives, on ' f r e e efit" f ac wrier, rig is h her b cc nt rcl i etoff or otherwise) and defenses' i lu ng ' tho t Ii ` ion, h def' se of fr ud) w th ` , a qui d y ubrogation, assignment or otherwise, to th ex nt hat s ch r ghts a d efe ses may a a, able o ina ci I curity to avoid payment of its obligations u er ' Policy n accord ce wit the expre s provisio o this o icy.

This P lic sets fo in ull e u rt king of F an ' I Security, and shall not be modified, altered or a cted by a y Cher a eme to i ru en includi any modification or amendment thereto. Except to the e nt expre I mo ' ied by an ndors m t . her o, -,( a) any; premium paid in respect of this Policy is no refundabl f an reason hatsoever,- clu ' ng yment, or provision being made for payment, of the Bonds pri ` to maturi nd ` ) this Po cy may not e ca elled or revoked. THIS POLICY IS NOT COVERED BY THE PR ER TY/ U TY INS RANCE S CURITY FUND SPECIFIED 1N ARTICLE 76 OF THE NEW YORK: INSU CE

w ne he of, FIN CI SECURITY ASSURANCE INC. has caused this Policy to be executed on its alf yit th' ized Offi

oun r gn ur ] FINANCIALSECURITYASSURANCE INC.

B By Authorized Officer

A su iary of Financial Security Assurance Holdings Ltd. ( 212) 826- 0100 31 West 52nd Street, New York, N. Y. 10019

Form 501 NY ( 6/ 90) EXHIBIT B

INSURANCE AGREEMENT

INSURANCE AGREEMENT, dated 2006 ( Agreemonf), and between 1 the ^ by Tohopekaliga Water Authority, Florida ( the " Issuer") and Financial Security Assurance Inc. ( the " Insurer").

In consideration of the ioaumnuo by the Insurer ofits Municipal Bond Debt Service Rmeonm Insurance Policy No. ( the " Reserve Policy") with respect to the Issuer's Utility System Revenue Bonds, Series 2003A and 2003B ( the " Bonds") issued under the Resolution adopted_, ___ ( the '' Rmnu| ubun'') and the | oouo/ a payment to the Insurer of the insurance premium for the Reserve Policy, the Insurer and the Issuer hereby covenant and agree mofollows:

Upon any payment by the Insurer under the Roommo Rdicy, the Insurer shall furnish to the Issuer written instructions anhothe manner in which payment ufamounts owed to the Insurer as a mouk ofsuch payment under the Reserve Policy shall bomade.

The Issuer shall pay the Insurer the principal amount ofany draws under the Reserve Policy and pay all related reasonable expenses incurred by the Insurer and shall pay interestthereon from the date ofpayment byFinancial Security atthe Late Payment Rate. " Late Payment Rate" means the lesser of( a) the greater of( i) the per annum mha of interest, publicly announced from time totime by JPMorgan Chase Bank at its principal office in the City of New York, as its prime or base lending rate ('' Primo Rate") ( any change in such Prime Rate to be effective on the date such change is announced by JPMorgan Chase Bank) plus 3%, and ( ii) the then applicable highest rate of interest on the Bonds and ( b) the maximum rate permissible under applicable usury ursimilar laws limiting interest nah* n. The Lmka Payment Rate shall be computed on the basis of the actual number of days elapsed over myear of3OOdays. | nthe event JPMorganChase Bank ceases toannounce its Primo Rate, the Primo Rate ahmU be the prime or base lending rate of such national bank as the Insurer shall designate.

3. Repayment of draws and payment of expenses and the interest accrued thereon at the Late Payment Rate ( collectively, " Policy Costs") shall commence in the first month following each draw, and each such monthly payment shall be in an amount at least equal to 1/ 12th of the aggregate of Policy Costs related hosuch draw.

4. Amounts inrespect ufPolicy Costs paid hothe Insurer shall becredited first tointerest due, then to the expenses due and then hoprincipal due.

5. As and to the extent that payments are made tothe Insurer onaccount of principal due, the coverage under the Roaonm Policy will be inunmood by a like amount, subject to the henno of the Reserve Policy.

0. All cash and investments in the Reserve Fund ohmU botransferred tothe debt service fund for payment of debt service on the Bonds before any drawing may be made on the Reserve Policy or on any a|tmmahwa credit instrument. Payment of any Policy Costs shall be made prior to replenishment ofany such cash amounts. Draws onall alternative credit instruments ( including the Reserve Policy) on which there is available coverage shall be made on a pro rata basis ( calculated by reference to coverage then available under each such alternative credit instrument) o0or applying available cash and investments in the Rmaemo Fund. Payment of Policy Costs and

reimbursement of amounts with respect to alternative credit instruments shall be made on a prom' -

ratana1obooiopriortomp|basis prior to replenishmenteniohmontofanycaohdnewnfromthoRooen/of any cash drawn from the ReserveaFund.Fund.

l If the Issuer shall fail to pay any Policy Costs inaccordance with the requirements of the Resolution and this Agreement, the Insurer shall be entitled to exercise any and all legal and equitable

Page 1of2 remedies available to it, including those provided under the Resolution, other than ( i) acceleration of the maturity of the Bonds or ( ii) remedies which would adversely affect owners of the Bonds.

The Resolution shall not be discharged until all Policy Costs owing to the Insurer shall have been paid in full. The Issuer' s obligation to pay such amounts shall expressly survive payment in full of the Bonds.

In order to secure the Issuer's payment obligations with respect to the Policy Costs, there is hereby granted and perfected in favor of the Insurer a security interest ( subordinate only to that of the owners of the Bonds) in all revenues and collateral pledged as security for the Bonds.

10. Policy Costs due and owing shall be included in debt service requirements for purposes of calculation of the additional bonds test and the rate covenant in the Resolution.

11. The Trustee shall ascertain the necessity for a claim upon the Reserve Policy and provide notice to the Insurer in accordance with the terms of the Reserve Policy at least five business days prior to each date upon which interest or principal is due on the Bonds. Where deposits are required to be made by the Issuer with the Trustee to the debt service fund for the Bonds more often than semi- annually, the Trustee shall give notice to the Insurer of any failure of the Issuer to make timely payment in full of such deposits within two business days of the date due.

12. Notices to the Insurer shall be sent to the following address ( or such other address as the Insurer may designate in writing): Financial Security Assurance Inc., 31 West 52nd Street, New York, New York 10019 Attention: Managing Director - Surveillance.

13. This Agreement may be executed in counterparts, each of which alone and all of which together shall be deemed one original Agreement.

14. If any one or more of the agreements, provisions or terms of this Agreement shall be for any reason whatsoever held invalid, then such agreements, provisions or terms shall be deemed severable from the remaining agreements, provisions or terms of this Agreement and shall in no way affect the validity or enforceability of the other provisions of this Agreement.

15. All capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the Resolution.

16. This Agreement and the rights and obligations of the parties of the Agreement shall be governed by and construed and interpreted in accordance with the laws of the State of New York.

IN WITNESS WHEREOF, the parties hereto have set their hands as of the date written above.

TOHOPEKALIGA WATER AUTHORITY, FLORIDA FINANCIAL SECURITY ASSURANCE INC.

By: _ By: _ Title: Title Authorized Officer

Page 2 of 3 L:\ LEGAL\ MUNIS\ STATES\ FL\ 94037—D. doc PROCEDURES FOR PREMIUM PAYMENT TO FINANCIAL SECURITY ASSURANCE INC.

Financial Security' s issuance of its municipal bond insurance policy at bond closing is contingent upon payment and receipt of the premium. NO POLICY MAY BE RELEASED UNTIL PAYMENT OF SUCH AMOUNT HAS BEEN CONFIRMED. Set forth below are the procedures to be followed for confirming the amount of the premium to be paid and for paying such amount:

Confirmation of Upon determination of the final debt service Amount to be Paid: schedule, fax such schedule to Financial Security Attention: Jim Doyle, Director Phone No.: ( 212) 339- 3462 Fax No.: ( 212) 857- 0354

Confirm with the individual in our underwriting department that you are in agreement with respect to par and premium on the transaction prior to the closing date.

Payment Date: Date of Delivery of the insured bonds.

Method of Payment: Wire transfer of Federal Funds.

Wire Transfer Instructions:

Bank: The Bank of New York ABA#: 021 000 018 Acct. Name: Financial Security Assurance Inc. Account No.: 8900297263 Transaction No.: 94037

CONFIRMATION OF PREMIUM WIRE NUMBER AT CLOSING

Financial Security will accept as confirmation of the premium payment a wire transfer number and the name of the sending bank, to be communicated on the closing date to Erika Diaz, Legal Assistant and Closing Coordinator, ( 212) 893- 2706. CERTIFICATE OF REDUCTION OF MAXIMUM DEBT SERVICE REQUIREMENTS ON TOHOPEKALIGA UTILITY SYSTEM REVENUE BONDS, SERIES 2003

I hereby certify that I am the Business Services Manager for the Tohopekaliga Water Authority (the " Authority") and as such have the responsibility for maintaining the accounting records for the Authority.

The Authority has heretofore, pursuant to Resolution No. 03- 005, adopted by the Board of Supervisors ( the " Board") of the Tohopekaliga Water Authority on July 17, 2003, as amended and supplemented ( collectively, the " Master Resolution"), particularly as supplemented by Resolution No. 03- 019, adopted on October 8, 2003 ( the " Series 2003A Supplemental Bond Resolution"), and by Resolution No. 03- 020, adopted on October 8, 2003 ( the " Series 2003B Supplemental Bond Resolution" and, together with the Series 2003A Supplemental Bond Resolution and the Master Resolution, the " Bond Resolution"), issued its Utility System Revenue Bonds, Series 2003A, and Utility System Revenue Bonds, Series 2003B ( collectively, the " Series 2003 Bonds"). Pursuant to Section 4. 01A of the Series 2003A Supplemental Bond Resolution, the Series 2003 Bonds Reserve Account Requirement is reduced to 50% of the Maximum Debt Service Requirement once the coverage of the Maximum Debt Service Requirement by the Pledged Revenues on the Series 2003 Bonds equals or exceeds 150% for the two preceding Fiscal Years.

The Maximum Debt Service Requirement for the Series 2003 Bonds is $8, 274, 100.00.

150% of the Maximum Debt Service Requirement for the Series 2003 Bonds is 12,411, 150.00.

The Pledged Revenues for Fiscal Year Ended September 30, 2004 were $38, 359,000 and the Pledged Revenues for Fiscal Year Ended September 30, 2005 were $45, 043, 000.00.

The coverage of Pledged Revenues of the Maximum Debt Service Requirement on the Series 2003 Bonds exceeds 150% for the two Fiscal Years Ended September 30, 2004 and 2005, and the Reserve Account Requirement for the Series 2003 Bonds is, therefore reduced to 50% of the Maximum Debt Service Requirement on the Series 2003 Bonds, which is the amount of 4, 137, 050.00.

Dated: July, 21, 2006

ddney Henderson, Business Services Manager ohopekaliga Water Authority RESOLUTION NO. 06- 015

A RESOLUTION AMENDING RESOLUTION NO. 03- 005 OF THE BOARD OF SUPERVISORS, ADOPTED JULY 17, 2003, AND ENTITLED:

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE TOHOPEKALIGA WATER AUTHORITY; PROVIDING FOR THE ISSUANCE OF UTILITY SYSTEM REFUNDING AND/ OR REVENUE BONDS OF THE AUTHORITY FROM TIME TO TIME TO FINANCE AND/ OR REFINANCE CAPITAL PROJECTS, INCLUDING THE ACQUISITION OF UTILITY ASSETS; PROVIDING FOR THE PAYMENT THEREOF; PROVIDING FOR THE RIGHTS, SECURITY, AND REMEDIES OF THE REGISTERED OWNERS OF SUCH BONDS; AND PROVIDING AN EFFECTIVE DATE

TO INCLUDE INVESTMENT EARNINGS IN THE DEFINITION OF SYSTEM DEVELOPMENT CHARGES; PROVIDING AN EFFECTIVE DATE.

BE IT RESOL' TTED BT TAE BOARD OF SSPER71SORS OF TAE—:1F( M7r0PE) WATER •' rWkLIGi

SECTION 1. AUTHORITY FOR THIS RESOLUTION. This resolution is adopted pursuant to the provisions of Chapter 2003- 368, Laws of Florida, and other applicable provisions of law ( collectively, the " Act"), and Resolution No. 03- 005, adopted July 17, 2003, as amended and supplemented ( the " Master Resolution") of the Board of Supervisors (" Board") of the Tohopekaliga Water Authority (" Authority").

SECTION 2. FINDINGS. It is hereby found, determined and declared by the Board as follows:

A. The Board has previously adopted the Master Resolution and provided therein for the Pledged Revenues to include the System Development Charges, and now finds it necessary to extend the definition of System Development Charges to include the investment earnings from the System Development Charges Fund.

B. The Board has heretofore issued its Utility System Revenue Bonds, Series 2003A, and Utility System Revenue Bonds, Series 2003B ( collectively, the " Series 2003 Bonds").

C. The Board has been advised that such amendment will require the consent of Financial Security Assurance Inc., as the Credit Facility Issuer of the Series 2003B Bonds the form of which is attached hereto as Exhibit A. D. It is necessary and desirable and in the best interests of the Authority and its ratepayers and customers that the Master Resolution be amended as provided herein.

SECTION 3. AMENDMENT TO MASTER RESOLUTION. The definition of System Development Charges" contained in the Section 1. 02 of the Master Resolution is hereby amended to read as follows:

System Development Charges" means any fees or charges which are related to acquiring, constructing, equipping or expanding capacity and Facilities of the Utility System, including, but not limited to, excess capacity calculated as of the date of issuance of any Bonds, and which are levied or collected by the Authority on or from any governmental body, utility company, real estate developer, or other Person, for the purpose of reserving capacity in the Utility System, connecting to the Utility System, or paying or reimbursing any capital cost relating to such acquisition, construction, expansion or equipping of excess and unused capacity of the Utility System or any expansion thereof, including any investment earnings on moneys on deposit in the System Development Charges Fund created herein, but excluding: ( 1) amounts received from the sale of water; ( 2) amounts received for the treatment, acceptance or disposal of wastewater;

3) meter installation fees; and ( 4) other revenues constituting operating revenues ( as any of the foregoing items are more particularly described by the Authority with respect to the Utility System); in each case to the extent the same are lawfully available for the acquisition and construction of Expansion Facilities and for the payment of System Development Charges Debt Service Components.

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

DULY PASSED AND ADOPTED this 13TH day of SEPTEMBER 2006 at a regular meeting.

SEAL) TOHOPEKALIGA WATER AUTHORITY

ATTEST: Mary Jane Arrington, Vice Chairman Board of Supervisors

John E. Moody, Secretary Board of Supervisors CONSENT TO AMENDMENT Financial Security Assurance Inc.

This consent is being executed in connection with the amendment to Resolution No. 03- 005, adopted by the Board of Supervisors ( the " Board") of the Tohopekaliga Water Authority (" Authority") on July 17, 2003, as amended and supplemented collectively, the " Master Resolution"), particularly as supplemented by Resolution No. 03- 019, adopted on October 8, 2003, and Resolution No. 03- 020, adopted on October 8, 2003 ( the " Series 2003A Supplemental Bond Resolution" and the " Series 20038 Supplemental Bond Resolution", respectively, and together with the Master Resolution, the " Bond Resolution") providing for the issuance of the Authority' s Utility System Revenue Bonds, Series 2003A (" 2003A Bonds"), and Utility System Revenue Bonds, Series 2003B ( the " 2003B Bonds", and together with the 2003A Bonds, the " Series 2003 Bonds"). Capitalized terms used herein not otherwise defined shall have the meanings set forth in the Bond Resolution.

This is to certify that Financial Security Assurance Inc. (" FSA") hereby represents to the Authority that it is the Bond Insurer of 100% of its aggregate outstanding Series 2003Bonds. Any capitalized undefined terms used herein not otherwise defined shall have the meaning set forth in the Bond Resolution.

As the Bond Insurer of the Series 2003B Bonds, we received proper notice of the proposed amendment to the Master Resolution, such amendment being set forth in the attached resolution proposed for adoption at the Authority' s meeting on 2006, and acknowledge that copies of the proposed amendatory resolution are on file for inspection with the Authority. We fully consent to and hereby approve the amendatory resolution pursuant to Section 6. 05 of the Master Resolution.

In Witness Whereof, FSA has executed this consent as of this day of 2006.

FINANCIAL SECURITY ASSURANCE, INC.

By: Name: Title: APPROVED AS TO FORM AND

CORRECTNESS:

Authority Attorney

Bryant Miller Olive,

Bond Counsel j: \ wdox \ docs \ clients \ 3714\ 06 \ ordres \ 00066539. doc MEMORANDUM

DATE: 9/ 6/ 2006

TO: BOARD OF SUPERISORS

CC: FILE

FROM: BRIAN WHEELER, EXECUTIVE DIRECTOR, TORO WATER AUTHORITY

RE: H. O. M. E. LEASE AGREEMENT TERMS

At the August 23, 2006 meeting the Board discussed and authorized the potential sale of the property leased by H. O. M. E. at the Martin Street Wastewater Plant site. The Board requested information relative to the terms of the lease and the potential sale of the property. The terms of the lease relative to the potential sale are as follows: 1. The property will be sold at market value determined by an appraisal provided by a firm selected by the Authority that has offices in Osceola County. The value of improvements to the property made by H. O. M. E. will not be considered in the appraisal.

2. Use of the property under the lease is restricted to the services of H. O. M. E. unless otherwise approved by the Authority.

3. Upon termination of the lease, the Authority would retain ownership of the improvements on the property.

4. The lease provides H. O. M. E. a written option to purchase the

property.

Review of the lease for the above information resulted in finding that H. O. M. E. is presently technically in default of the lease because of the incomplete construction of Phase 1. The first phase was to be completed by April 2005. The staff will provide the organization written notice of the default

and request information upon a schedule to cure or complete the

construction.

BLW