October 29, 2024 Board of Supervisors Towne Park Community Development District Dear Board Members: The regular meeting of the Board of Supervisors of Towne Park Community Development District will be held Tuesday, November 5, 2024, at 4:00 PM at the Towne Park Amenity Center #1, 3883 White Ibis Road, Lakeland, FL 33811. Those members of the public wishing to attend the meeting can do so using the information below: Zoom Video Link: https://us06web.zoom.us/j/82093856101 Zoom Call-In Information: 1 305 224 1968 Meeting ID: 820 9385 6101 Following is the advance agenda for the meeting: 1. Roll Call 2. Public Comment Period 3. Approval of Minutes of the September 3, 2024 Board of Supervisors Meeting 4. Consideration of Resolution 2025-01 Authorizing Publication of Legal Notices A. Attorney B. Engineer i. Approval of Check Register ii. Balance Sheet & Income Statement iii. Notice of Filing Insurance Claim for Hurricane Milton Damages on Public Website 5. Consideration of Audit Services Engagement Letter for Fiscal Year 2024 6. Ratification of Proposal for Tree Staking in Riverstone 7. Staff Reports C. Field Manager’s Report D. District Manager’s Report 8. Supervisors Requests 9. Adjournment MINUTES OF MEETING TOWNE PARK COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Towne Park Community Development District was held Tuesday, September 3, 2024, at 4:00 p.m. at the Towne Park Amenity Center #1, 3883 White Ibis Road, Lakeland, Florida and by Zoom. Present and constituting a quorum: Greg Jones Chairman Jennifer Tidwell Vice Chairperson Tom Zimmerman by Zoom Assistant Secretary Roger Runyon Assistant Secretary Also present were: Tricia Adams District Manager, GMS Patrick Collins District Counsel, Kilinski Van Wyk Meredith Hammock by Zoom District Counsel, Kilinski Van Wyk Alan Rayl by Zoom District Engineer, Rayl Engineering Allen Bailey Field Operations, GMS FIRST ORDER OF BUSINESS Roll Call Ms. Adams called the meeting to order and called the roll. Four Board members were in attendance, with three Board members being present in person, constituting a quorum. SECOND ORDER OF BUSINESS Public Comment Period Ms. Adams noted next is public comment. There are no members of the public present nor any members attending on Zoom. THIRD ORDER OF BUSINESS Approval of Minutes of August 6, 2024 Board of Supervisors Meeting Ms. Adams presented the minutes from the August 6, 2024, Board of Supervisors meeting and asked for any comments, corrections, or changes. These minutes have been reviewed by District Counsel and District Management. The Board had no changes to the minutes. On MOTION by Mr. Jones, seconded by Ms. Tidwell, with all in favor, the Minutes of the August 6, 2024 Board of Supervisors Meeting, were approved. FOURTH ORDER OF BUSINESS Staff Reports A. Attorney Mr. Collins and Ms. Hammock had nothing to report. B. Engineer Mr. Rayl noted two items were left open after the last meeting. He has not been contacted by anyone or had any other information come to him on the Keaton Springs fence issue. Mr. Rayl noted he had nothing further on the 5287 White Egret easement encroachment request. He was expecting to see a resubmittal in accordance with the Board’s conditions from the last meeting but has not heard anything on either topic. C. Field Manager’s Report i. Consideration of 2024/2025 Janitorial Maintenance Renewal ii. Consideration of 2024/2025 Pool Maintenance Services Renewal Mr. Bailey presented the Field Manager’s Report on page 14 of the agenda package. Mr. Runyon asked if the lights and camera have been checked at nighttime to see how it does. Mr. Bailey stated the lights have been checked and will pickup motion and turn on. Mr. Bailey noted this is a renewal notice with E&A Cleaning for janitorial for an additional year. Mr. Jones stated overall they have done a good job. On MOTION by Mr. Jones, seconded by Mr. Runyon, with all in favor, the 2024/2025 Janitorial Maintenance Renewal, was approved. Mr. Bailey presented the proposal from Resort Pools for pool maintenance services. There is a 5% increase to $3,625 to accommodate staffing and chemical costs. iii. Consideration of Proposal for Front Entrance Landscape Enhancement iv. Consideration of Proposal for Medulla Landscape Enhancement v. Consideration of Erosion Repair at 4116 Red Fern Lane On MOTION by Mr. Jones, seconded by Mr. Zimmerman, with all in favor, the 2024/2025 Pool Maintenance Services Renewal, was approved. Mr. Bailey presented three options in the Prince & Sons proposal for the front entrance landscape enhancements. Option 1 – Sable & Queen palms, option 2 – Foxtail palms, and option 3 – Queen palms. No Board action was taken at this time. Mr. Bailey was directed to go back out for quotes on ribbon palms between 15-20 ft., secondary option of river rock, and increase sable height more towards 20 ft. Mr. Bailey presented two options in the Prince & Sons proposal for Medulla landscape enhancement. Option 1 using larger plants at $21,149 and option 2 using smaller plants at $12,144. On MOTION by Mr. Jones seconded by Ms. Tidwell, with all in favor, the $12,144 Proposal for Medulla Landscape Enhancement, was approved. Mr. Bailey presented a proposal for repair of erosion at 4116 Red Fern Lane from extended gutter runoff. Ms. Adams noted the Board probably would not want to authorize erosion repairs until the Board gives staff direction if they want to reach out to the property owner regarding any prescriptive action the homeowner should take on their property, such as installing a pop-up emitter at a location on the homeowner’s private lot and at a location to be reviewed and agreed upon by the District Engineer. She noted the Board can require the property owner to remove their drain line from the District’s property. The erosion repair would need to take place after the drain line is relocated, and District staff will need to make sure that where the drain terminates does not continue to create an erosion problem on District property. On MOTION by Mr. Jones, seconded by Ms. Tidwell, with all in favor, Directing Staff to Send Letter to Property Owner Requiring Removal of the Encroachment from CDD Property, was approved. On MOTION by Mr. Jones, seconded by Mr. Runyon, with all in favor, the Erosion Repair Proposal #361 As Presented in the Agenda Package on Page 39 in Amount of $795 Behind 4116 Red Fern, was approved. D. District Manager’s Report i. Approval of the Check Register ii. Balance Sheet and Income Statement Ms. Adams conferred with the Chairman of the Board that there were some funds set aside in security if they needed to staff Amenity Center #1. Property owners who use Amenity Center #1 were concerned about boisterous behavior at the pool during peak hours. The Chair authorized staffing an additional security guard at Amenity Center #1 during peak hours in August. It will be temporary and will revert back to normal staffing now that Labor Day and peak pool season is over. The additional security camera has been installed at Amenity Center #2. Ms. Adams presented the check register on page 42 of the agenda from July 20th through August 20th totaling $77,853.10. Immediately following the check register is a detailed run summary. On MOTION by Mr. Jones, seconded by Ms. Tidwell, with all in favor, the Check Register totaling $77,853.10, was approved. Ms. Adams presented the unaudited financials. The District is fully collected for the fiscal year. FIFTH ORDER OF BUSINESS Supervisors Requests Ms. Adams asked for any Supervisor’s requests or public comments. Mr. Jones recommended looking into lighting options of electric and solar for the trail along the boulevard. The street lights are insufficient. Residents have expressed concern about the trail from Arlington River to Amenity Center #2 when going to the school bus stop is very dark. Mr. Bailey will get with Lakeland Electric and look into this. A Board member noted residents have complained about security not allowing food or drinks at the pools. The District’s duly adopted policy regarding amenity center use notes that food and drinks are allowed in designated areas in accordance with the requirements of the pool permit, which is under the authority of the Florida Department of Health and governed by Florida Administrative Code. Mr. Bailey noted designated areas for food and drink are under the roof, not the pool deck or in the pool. Ms. Adams noted they can let security know when using the loungers, food and drink are allowed. However, no glass is allowed in the pool area at any time. SIXTH ORDER OF BUSINESS Adjournment Ms. Adams adjourned the meeting. On MOTION by Mr. Jones, seconded by Ms. Tidwell, with all in favor, the meeting was adjourned. Secretary/Assistant Secretary Chairman/Vice Chairman RESOLUTION 2025-01 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE TOWNE PARK COMMUNITY DEVELOPMENT DISTRICT AUTHORIZING THE PUBLICATION OF LEGAL ADVERTISEMENTS AND PUBLIC NOTICES ON A PUBLICALLY ACCESSABLE WEBSITE; GRANTING THE AUTHORITY TO EXECUTE A PARTICIPATION AGREEMENT WITH POLK COUNTY; APPROVING THE FORM OF GOVERNMENT AGENCY ORDER; PROVIDING FOR NOTICE OF THE USE OF PUBLICALLY ACCESABLE WEBSITE; AUTHORIZING THE DISTRICT MANAGER TO TAKE ALL ACTIONS NECESSARY TO COMPLY WITH CHAPTER 50, FLORIDA STATUTES AND POLK COUNTY ORDINANCE 2024-041 AND IMPLIMENTING RESOLUTIONS; PROVIDONG FOR CONFLICTING PROVISIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Towne Park Community Development District (“District”) is a local unit of special purpose government1 1 Section 190.003(6), FS created and existing pursuant to Chapter 190, Florida Statutes, and situated within Polk County, Florida; and WHEREAS, the District is a political subdivision of the State of Florida and a “governmental agency” as that term is defined in Section 1.01(8) and Section 50.0311, Florida Statutes; and WHEREAS, Chapter 50, Florida Statutes, provides that a governmental agency may publish certain statutorily required legal advertisements, publications and notices on a Publicly Accessible Website, as defined below, if the cost of publication is less than the cost of publication in a newspaper; and WHEREAS, the District Board of Supervisors has determined that the cost of publication of legally required advertisements and public notices on the Polk County Publicly Accessible Website is less than the cost of publishing advertisements and public notices in a newspaper; and WHEREAS, Polk County, Florida has adopted Ordinance 2024-041 and Resolutions 24- 124 and 24-125 (“County Regulations”), designating the Publicly Accessible Website of URL http://polkcounty.column.us/search (“Publicly Accessible Website”) for the publication of Legal Notices and Advertisements, such Ordinance and Resolutions are hereby adopted by this reference as if fully set forth herein; and WHEREAS, Polk County Resolution 2024-124 also designates the Publicly Accessible Website for the use of governmental agencies within Polk County; and WHEREAS, the District desires to publish all legal advertisements and public notices on the Publicly Accessible Website to the extent authorized by law; and WHEREAS, the District’s Board of Supervisors finds that granting to the District Manager and the Chairman the Authority to enter into the Participation Agreement and the Government Agency Order in the substantial form as set forth in Composite Exhibit A, attached hereto and incorporated by this reference, is in the best interests of the District. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE TOWNE PARK COMMUNITY DEVELOPMENT DISTRICT: 1. INCORPORATION OF RECITALS. The recitals so stated are true and correct and by this reference are incorporated into and form a material part of this Resolution. 2. AUTHORIZATION. The District hereby authorizes the use of the Publicly Accessible Website, as allowed by law, to be used for the publication of legal advertisements and public notices. 3. DELEGATION OF AUTHORITY. The District Manager and the Chairman are hereby authorized to sign, accept or execute a Participation Agreement and Government Agency Order in substantially the form attached hereto as Composite Exhibit A. 4. PUBLICATION OF NOTICE AND REGISTRY. The District Manager shall cause notice of the use of the Publicly Accessible Website for legal advertisements and public notices to be published annually in a newspaper of general circulation within the jurisdiction of the District and to maintain a registry of property owners and residents as set forth in Section 50.0311(6), Florida Statutes. 5. AUTHIRZATION. The District Manager is hereby authorized to take all actions necessary to provide for the implementation of this Resolution and comply with the specific requirements of Section 50.0311 and the County Regulations. 6. CONFLICTING PROVISIONS. All District Rules, Policies or Resolutions in conflict with this Resolution are hereby suspended. 7. SEVERABILITY. If any provision of this Resolution is held to be illegal or invalid, the other provisions shall remain in full force and effect. 8. EFFECTIVE DATE. This Resolution shall take effect upon its passage and shall remain in effect unless rescinded or repealed. PASSED AND ADOPTED THIS 5th DAY OF NOVEMBER, 2024. TOWNE PARK COMMUNITY DEVELOPMENT DISTRICT Secretary/ Assistant Secretary Chair/ Vice Chair Print Name: Print Name: Composite Exhibit A Governmental Agency Order D-R Media and Investments, LLC Publicly Accessible Website Agreement This Order is between County/[Governmental Agency] ("County")/("Governmental Agency") and D-R Media and Investments, LLC ("Contractor" or "D-R Media") pursuant to Contractor's Agreement with Polk County. Contractor affirms that the representations and warranties in the Agreement are true and correct as of the date this Order is executed by Contractor. In the event of any inconsistency between this Order and the Agreement, the provisions of the Agreement shall govern and control. Services to be provided pursuant to this Order: [COMPOSE SIMPLE SUMMARY INCLUDING GO-LIVE DATE] The time period for this Order, unless otherwise extended or terminated by either party, is as follows: Contractor shall provide notices on the Publicly Accessible Website at no charge to the County/Governmental Agency as provided in the Agreement. Additional Terms: a. Form of Notice. County/Governmental Agency shall comply with all applicable requirements, obligations, duties, and procedures set forth in Chapter 50, Florida Statutes ("Notice Requirements"), as may be amended from time to time, relating to any Notices published on the Website. County/Governmental Agency shall be solely responsible for compliance with the Notice Requirements. b. Sovereign Immunity. Nothing contained in this Agreement shall be deemed a waiver, expressed or implied, of the County/Governmental Agency's sovereign immunity or an increase in the limits of liability pursuant to Section 768.28, Florida Statutes, regardless of whether any such obligations are based in tort, contract, statute, strict liability, negligence, product liability or otherwise nor shall anything included herein be construed as consent by County/Governmental Agency to be sued by a third party in any matter arising out of this Order. c. Notices. Parties shall ensure any Notices are provided in accordance with the "Notices" section of the Agreement at the address for Contractor listed in the Agreement and the address for County/Governmental Agency listed in the Participation Agreement. d. Public Records. The provisions of Section 119.0701 are hereby incorporated as if fully set forth herein. Governmental Agency's public records custodian is as follows: Warranties and Disclaimer. a. Each person signing this Order, represents and warrants that they are duly authorized and have legal capacity to execute and bind the respective party to the terms and conditions of this Order. Each party represents and warrants to the other that the execution and delivery of the Order and the performance of such Party's obligations thereunder have been duly authorized and that this Order is a valid and legal agreement binding on such Party and enforceable in accordance with its terms. b. D-R Media warrants that the Services will perform substantially in accordance with the Agreement, documentation, and marketing proposals, and free of any material defect. D-R Media warrants to the Governmental Agency that, upon notice given to D-R Media of any defect in design or fault or improper workmanship, D-R Media shall remedy any such defect. D-R Media makes no warranty regarding, and will have no responsibility for, any claim arising out of: (i) a modification of the Services made by anyone other than DR Media, even in a situation where DR Media approves of such modification in writing; or (ii) use of the Services in combination with a third-party service, web hosting service, or server not authorized by D-R Media. c. EXCEPT FOR THE EXPRESS WARRANTIES IN THE AGREEMENT AND THIS ORDER, D-R MEDIA HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A PRIOR COURSE OF DEALING. d. EACH PROVISION OF THIS ORDER THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS ORDER BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY D-R MEDIA TO GOVERNMENTAL AGENCY AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS ORDER. Ownership and Content Responsibility. a. Upon completion of the Initial Implementation and go-live date, County/Governmental Agency shall assume full responsibility for County/Governmental Agency Content maintenance and administration. County/Governmental Agency, not DR Media, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Governmental Agency Content. b. At any time during the term of the applicable Order, County/Governmental Agency shall have the ability to download the County/Governmental Agency Content and export the County/Governmental Agency data through the Services. Responsibilities of the Parties. a. D-R Media will not be liable for any failure of performance that is caused by or the result of any act or omission by Governmental Agency or any entity employed/contracted on the Governmental Agency's behalf. b. County/Governmental Agency shall be responsible for all activity that occurs under County/Governmental Agency's accounts by or on behalf of County/Governmental Agency. County/Governmental Agency agrees to (a) be solely responsible for all designated and authorized individuals chosen by Governmental Agency ("User") activity, which must be in accordance with this Order; (b) be solely responsible for County/Governmental Agency content and data; (c) obtain and maintain during the term all necessary consents, agreements and approvals from end-users, individuals, or any other third parties for all actual or intended uses of information, data, or other content County/Governmental Agency will use in connection with the Services; (d) use commercially reasonable efforts to prevent unauthorized access to, or use of, any User's log-in information and the Services, and notify D-R Media promptly of any known unauthorized access or use of the foregoing; and (e) use the Services only in accordance with applicable laws and regulations. c. The Parties shall comply with all applicable local, state, and federal laws, treaties, regulations, and conventions in connection with its use and provision of any of the Services or DR Media Property. d. In the event of a security breach at the sole fault of the negligence, malicious actions, omissions, or misconduct of D-R Media, D-R Media, as the data custodian, shall comply will all remediation efforts as required by applicable federal and state law. (Signatures appear on the following page.) IN WITNESS WHEREOF, the Parties hereto have made and executed this Order, effective as of the date the last party signs this Order. GOVERNMENTAL AGENCY NAME ATTEST: By: ________________________________ GOVERNMENTAL AGENCY NAME/TITLE CITY CLERK Print Name _____day of _____________,20_ Contractor Signature Print/Type Name Title Form Participation Agreement for Publication of Legal Notices on County Designated Publicly Accessible Website This Form Participation Agreement ("Participation Agreement") is made and entered into by and between Polk County, a political subdivision of the State of Florida ("County"), and ,a local government existing under the laws of the State of Florida ("Local Government") (each a "Party," and collectively the "Parties"). RECITALS A. During the 2022 legislative session, the Florida Legislature enacted House Bill 7049, which created Section 50.0311, Florida Statutes. B. Effective January 1, 2023, Section 50.0311, Florida Statutes, authorizes a local governmental agency to publish legal notices under specified conditions on a publicly accessible website, owned or designated by the applicable county, instead of in a print newspaper. C. Local Government represents that it is a governmental agency as defined in Section 50.0311, Florida Statutes. Local Government desires to utilize County's designated publicly accessible website for certain required notices and advertisements. D. Pursuant to Section 50.0311, Florida Statutes, County designated the website operated by D-R Media ("Website") as County's publicly accessible website for publication of notices and advertisements ("Publications"). 1. Recitals. The truth and accuracy of each clause set forth above is acknowledged by the Parties. 2. Designation of Website. County has entered into an agreement with Website ("Website Contract") for Publications. County may at any time, upon at least ninety (90) days prior to Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: written notice to Local Government in accordance with the Notices section of this Participation Agreement, designate a different entity as County's publicly accessible website pursuant to Section 50.0311, Florida Statutes. Parties shall consider any such new designation as automatically effective upon the date stated in County's notice without the need for an amendment to this Participation Agreement, and upon the effective date the new website shall be the "Website" for purposes of this Participation Agreement. 3. Utilization of Website. Local Government may utilize the Website for its Publications if and to the extent it elects to do so. Nothing in this Participation Agreement obligates Local Government to utilize the Website for any Publication. However, any utilization of Website by Local Government for Publications pursuant to Section 50.0311, Florida Statutes, shall be obtained exclusively through the Website Contract and not through any other contract or procurement method. Local Government agrees that no other website is County's designated publicly accessible website, and Local Government agrees it may not take any action to challenge or otherwise attempt to disqualify the designation of Website (or any substitute website pursuant to Section 2 above) as the properly designated website of County pursuant to Section 50.0311, Florida Statutes. 4. Term. The term of this Participation Agreement shall commence upon the date it is fully executed by the Parties ("Effective Date") and shall continue until terminated by either Party as otherwise provided herein. 5. Compliance with Notice Requirements. For the duration of this Participation Agreement, Local Government shall comply with all applicable requirements, obligations, duties, and procedures set forth in Chapter 50, Florida Statutes ("Notice Requirements"), as may be amended from time to time, relating to any Publications published on the Website. County shall have no responsibility for ensuring that Local Government, the Website, or the Publications comply with the Notice Requirements or any other applicable law, rule, or regulation. 6. County Actions are Ministerial. Local Government acknowledges that any and all Publications of Local Government are prepared by Local Government and not by County Local Government shall construe any and all actions of County in conjunction with, or 7. Costs and Payment. Local Government shall be solely responsible for the timely payment of all fees and costs associated with its Publications and use of the Website. Local Government shall utilize the Website Contract to obtain from Website any applicable services Local Government requires relating to Publications and shall pay Website directly for all such services provided in connection with Publications. Additionally, Local Government shall be solely responsible for payment of any and all mailing costs or other costs associated with the Publications or otherwise incurred relating to the Publications pursuant to Chapter 50, Florida Statutes, including without limitation Section 50.0311(6), Florida Statutes. County shall not be responsible for any fees or costs associated with: (a) use of the Website by Local Government; (b) any Publication; or (c) compliance with Chapter 50, Florida Statutes. Local Government recognizes and agrees that if Local Government fails to timely pay Website, then Website may terminate Local Government's access to the Website, and County shall have no liability to Local Government for such termination or lack of access, or any subsequent costs which Local Government might incur due to such termination or lack of access. Likewise, Local Government acknowledges that County has no control over payment processing services. 8. Sovereign Immunity. Except to the extent sovereign immunity may be deemed waived by entering into this Participation Agreement, nothing herein is intended to serve as a waiver of sovereign immunity by either Party nor shall anything included herein be construed as consent by either Party to be sued by a third party in any matter arising out of this Participation Agreement. 9. Indemnification. Local Government shall indemnify and hold harmless County and all of County's current, past, and future officers, agents, and employees (collectively, "Indemnified Party") from and against any and all causes of action, demands, claims, losses, liabilities, and expenditures of any kind, including attorneys' fees, court costs, and expenses, including through the conclusion of any appellate proceedings, raised or asserted by any person or entity not a party to this Participation Agreement, and caused relating to, the designation of the Website for use by Local Government as, purely ministerial acts. 10. Termination. 10.1. Termination without cause. Either Party may terminate this Participation Agreement without cause upon at least ninety (90) days' prior written notice to the other Party. 10.2. Termination with cause. If the Party in breach has not corrected the breach within thirty (30) days after receipt of written notice from the aggrieved Party identifying the breach, then the aggrieved Party may terminate this Participation Agreement for cause. 10.3. Automatic Termination. If the publication of electronic notices is determined to be illegal by a court of competent jurisdiction, or if the Florida Legislature modifies Florida law to prohibit utilization of County's designated publicly accessible website for Publications, then this Participation Agreement will be deemed automatically terminated upon such finding becoming final or such law becoming effective, as applicable. 11. Notices. In order for a notice to a Party to be effective under this Participation Agreement, notice must be sent via U.S. first-class mail, with a contemporaneous copy sent via e-mail, to the addresses listed below and shall be effective upon mailing. The addresses for notice shall remain as set forth herein unless and until changed by providing notice of such change in accordance with the provisions of this section. or alleged to be caused, in whole or in part, by any breach of this Participation Agreement by Local Government, or any intentional, reckless, or negligent act or omission of Local Government, its officers, employees, or agents, arising from, relating to, or in connection with this Participation Agreement or any Publication. The obligations of this section shall survive the expiration or earlier termination of this Participation Agreement. FOR COUNTY: County Manager Polk County Board of County Commissioners P.O. Box 9005 Bartow, Florida 33830 12. Prior Agreements. Parties shall consider this Participation Agreement as representing the final and complete understanding of the subject matter of this Participation Agreement and supersedes all prior and contemporaneous negotiations and discussions regarding same. All commitments, agreements, and understandings of the Parties concerning the subject matter of this Participation Agreement are contained herein. 13. Assignment. Neither this Participation Agreement nor any term or provision hereof or right hereunder may be assignable by either Party without the prior written consent of the other Party. Any assignment, transfer, encumbrance, or subcontract in violation of this section shall be void and ineffective. 14. Interpretation. The headings contained in this Participation Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Participation Agreement. All personal pronouns used in this Participation Agreement shall include any other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein" refer to this Participation Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a section or article of this With a copy to: County Attorney Polk County Board of County Commissioners P.O. Box 9005, Drawer AT01 Bartow, Florida 33830 FOR LOCAL GOVERNMENT: Email address: Participation Agreement, such reference is to the section or article as a whole, including all of the subsections of such section, unless the reference is made to a particular subsection or subparagraph of such section or article. 15. Third-Party Beneficiaries. Neither Local Government nor County intends to directly or substantially benefit a third party by this Participation Agreement. Therefore, the Parties acknowledge that there are no third-party beneficiaries to this Participation Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Participation Agreement. 16. Law. Jurisdiction. Venue, Waiver of Jury Trial. This Participation Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. The exclusive venue for any lawsuit arising from, related to, or in connection with this Participation Agreement shall be in the state courts of the Tenth Judicial Circuit in and for Polk County, Florida. If any claim arising from, related to, or in connection with this Participation Agreement must be litigated in federal court, then the exclusive venue for any such lawsuit shall be in the United States District Court, or the United States Bankruptcy Court, for the Middle District of Florida. EACH PARTY EXPRESSLY, VOLUNTARILY, INTENTIONALLY, IRREVOCABLY, AND KNOWINGLY WAIVES ANY RIGHTS IT MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS PARTICIPATION AGREEMENT. 17. Amendments. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Participation Agreement and executed on behalf of County and Local Government, respectively, by persons authorized to execute same on their behalf. 18. Representation of Authority. Each individual executing this Participation Agreement on behalf of a Party represents and warrants that they are, on the date they sign this Participation Agreement, duly authorized by all necessary and appropriate action to execute this Participation Agreement on behalf of such Party and that they do so with full legal authority. 19. Counterparts and Multiple Originals. This Participation Agreement may be executed in multiple originals, and may be executed in counterparts, whether signed physically or electronically, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same Participation Agreement. 20. Materiality and Waiver or Breach. Each requirement, duty, and obligation set forth herein was bargained for at arm's-length. Each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Participation Agreement, and each is, therefore, a material term. Any Party's failure to enforce any provision of this Participation Agreement shall not be deemed a waiver of such provision or modification of this Participation Agreement. A waiver of any breach of a provision of this Participation Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Participation Agreement. For a waiver to be effective, any waiver must be in writing signed by an authorized signatory of the Party granting the waiver. 21. Compliance with Laws. Each Party shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Participation Agreement. (Remainder of this page intentionally left blank.) IN WITNESS WHEREOF, the Parties have signed this Agreement and through their duly authorized signatories on the dates noted below their names. ATTEST: Stacy M. Butterfield Clerk to the Board POLK COUNTY a political subdivision of the State of Florida By: _ Deputy Clerk By: _ County Manager Date: ATTEST: Local Government. Signature Signature Print Name Print Name Title Title Phone 863-422-5207 | Fax 863-422-1816 Phone: 914-14-0774-45-6401-143424 Email: Qty Unit Unit Cost TOTAL 119 Ea $125.00 $14,875.00 34 Ea $75.00 $2,550.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total: $17,425.00 The customer agrees, that by signing this proposal, it shall become a legal and binding contract and shall supersede any previous agreements, discussed or implied. The customer further agrees to all terms and conditions set forth within and shall be responsible for any/all court and/or attorney fees incurred by Prince and Sons, Inc.required to obtain collection for any portion of money owed for material and/or work performed by Prince and Sons Inc. Accepted by:_____________________________ Date Accepted: _____________________ Submitted by: Harold Simmons Date:October 14,2024 Staking Trees Small oaks and Cedars pool Street Tree Staking Date:October 14,2024 abailey@gmscfl.com Orlandso fl. 332822 Job Name / Location: Staking Trees Large Trees SUBMITTED TO: Lakeland Fl. 33811 200 S. F. Street Haines City, Florida 33844 Polk County License # 214815 Suit 300 3883 White Egret Lane Allen Baily Town Park CDD 6200 lee Vistga Blvd Docusign Envelope ID: 08158251-A91D-4F0D-A15D-D6456D7409D3 2024-10-16 Towne Park CDD Field Management Report November 5th, 2024 Allen Bailey – Field Services Manager GMS The filling around the pavers came lose at the lift. This has been resealed to prevent damage. 2 Towne Park Field Management Report | GMS 2024 Amenity Hostile Vegetation Amenity One Chair Lift Completed The hostile vegetation is growing from all the rain. We are monitoring to make sure it does not reach into the amenity center. Completed Playground Barrier The barrier around the playground at amenity two was coming loose. The barrier has been secured to prevent safety issues. Playground Rule Signs New playground rule signs have been placed up. The signs will allow residents to clearly see what is allowed at the playground. 3 Towne Park Field Management Report | GMS 2024 Review Hydrilla The Hydrilla in various ponds is starting to die. This process will take time to try and avoid harming fish. 4 Towne Park Field Management Report | GMS 2024 4116 Red Fern Pipe The pipe that was requested to be removed from district property is still in place. Hurricane Review Many trees have fallen due to the hurricane. The large trees on Medulla have then set up and supported to increase stability. Trees Shade Structures The shade structures at both playgrounds were damaged. We are working with the original vendor to review options. 5 Towne Park Field Management Report | GMS 2024 Hurricane Review District Fencing Large sections of district fence have been blown apart. We are working on getting the fences back up and replacing damaged parts. Storm Water Systems-Salt Springs The area south of the weir has eroded from the storm lowering the stormwater pond levels at Salt Springs. 6 Towne Park Field Management Report | GMS 2024 Hurricane Review Storm Water Systems -Siltstone The sump that uses a swale to manage overflow had the swale eroded from the high volume of water. Storm Water Systems – Medulla Spillover The wetlands spillover at the end of Medulla has collapsed on the side causing erosion from the high volume of water. 7 Towne Park Field Management Report | GMS 2024 For any questions or comments regarding the above information, please contact me by phone at 407-460-4424, or by email at abailey@gmscfl.com. Thank you. Respectfully, Allen Bailey Conclusion District Name: Towne Park Community Development District Address and Location of Loss: 3883 White Ibis Road, Lakeland FL 33811 Date of Loss: 10/9/2024 Point of Contact: Allen Bailey Contact Phone Number: 407-460-4424 Contact Email: abailey@gmscfl.com Description of Damage: (Please attach photos if available) Hurricane force winds caused damage to several structures on district property: • White panel fence damaged throughout the District • Black aluminum fence damaged • Amenity restroom door damage • Ceiling damage at amenity center • Remote access pool camera system damaged • Shade structure damages at two playgrounds • Trash fence gate broken • Clean up of debris • Removal of water from amenity center • Amenity parking lot sign damage Reported By: Tricia Adams Additional Remarks: