Del Webb Bexley Community Development District

Board of Supervisors’ Meeting December 18, 2019

District Office:
5844 Old Pasco Road, Suite 100 Wesley Chapel, FL 33544
813-994-1001

www.delwebbbexleycdd.org

DEL WEBB BEXLEY COMMUNITY DEVELOPMENT DISTRICT

Rizzetta & Company, Inc., 5844 Old Pasco Road, Suite 100, Wesley Chapel, FL 33544

Board of Supervisors	Aaron Baker	Chairman	
	Jessica Robinson	Vice Chairman	
	Doug South	Assistant Secretary	
	Vacant	Assistant Secretary	

District Manager	Brady Lefere

Jordan Lansford	Assistant Secretary

Rizzetta & Company, Inc.	
District Counsel	Alyssa Willson	Hopping Green & Sams, PA	
District Engineer	Jordan Schrader	Clearview Land Design	

All cellular phones must be placed on mute while in the meeting room.

The Audience Comment portion of the agenda is where individuals may make comments on matters that concern the District. Individuals are limited to a total of three
minutes to make comments during this time.

Pursuant to provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting/hearing/workshop is asked to advise the District Office at least forty-eight (48) hours before the meeting/hearing/workshop by contacting the District Manager at (813) 933-5571. If you are hearing or speech impaired, please contact the Florida Relay Service by dialing 7-1- 1, or 1-800-955-8771 (TTY)
1-800-955-8770 (Voice), who can aid you in contacting the District Office.

A person who decides to appeal any decision made at the meeting/hearing/workshop with respect to any matter considered at the meeting/hearing/workshop is advised that person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made including the testimony and evidence upon which the appeal is to be based.

DEL WEBB BEXLEY COMMUNITY DEVELOPMENT DISTRICT DISTRICT OFFICE  5844 OLD PASCO ROAD  SUITE 100  WESLEY CHAPEL, FL 33544
WWW.DELWEBBBEXLEYCDD.ORG

December 10, 2019

Board of Supervisors Del Webb Bexley
Community Development District

FINAL AGENDA

Dear Board Members:

The regular meeting of the Board of Supervisors of the Del Webb Bexley Community Development District will be held on Wednesday, December 18, 2019 at 4:00 p.m. at Rizzetta & Company, 5844 Old Pasco Road, Suite 100, Wesley Chapel, Florida 33544. The following is the agenda for this meeting.

CALL TO ORDER/ROLL CALL
AUDIENCE COMMENTS
BUSINESS ADMINISTRATION
Consideration of the Minutes of the Board of
Supervisors’ Meeting held September 25, 2019	Tab 1
Consideration of Operation and Maintenance
Expenditures for September and October 2019	Tab 2
Ratification of Series 2018 Requisitions – Under $100K – None
Ratification of Series 2018 Requisitions – Over $100K – None
Ratification of Change Orders – None
BUSINESS ITEMS
Presentation of Aquatics Report	Tab 3
Consideration   of   Aquatic    Systems    Add-On Agreement	Tab 4
Consideration of Redline Rules of Procedure	Tab 5
Consideration of Resolution 2020-02; Setting Public Hearing on Rules of Procedure	Tab 6
Consideration of Erosion Repair Proposal	Tab 7
STAFF REPORTS
District Counsel
Consideration of Fiscal Year 2019-2020 Funding Agreements	USC
Consideration of First Amendment to the Fiscal
Year 2018-2019 Budget	USC
District Engineer
District Manager
Discussion of Springhill Suites Marriott Rental
SUPERVISOR REQUESTS
ADJOURNMENT

Del Webb Bexley Community Development District
December 10, 2019
Page 2

We look forward to seeing you at the meeting.	In the meantime, if you have any questions, please do not hesitate to call us at (813) 933-5571.

Sincerely,
Jordan Lansford
District Manager

Cc:	Aaron Baker, Chairman
Alyssa Willson, Hopping, Green & Sams, P.A.

Tab 1

DEL WEBB BEXLEY COMMUNITY DEVELOPMENT DISTRICT
September 25, 2019 - Minutes of Meeting
Page 1
1	MINUTES OF MEETING
2
Each person who decides to appeal any decision made by the Board with respect
to any  matter considered at the  meeting is  advised that the  person may need to
ensure that a verbatim record of the proceedings is made, including the
testimony and evidence upon which such appeal is to be based.
7
8	DEL WEBB BEXLEY COMMUNITY DEVELOPMENT DISTRICT
9
The regular meeting of the Board of Supervisors of Del Webb Bexley Community
Development District was held on Wednesday, September 25, 2019 at 2:00 p.m. at the
office of Rizzetta & Company, Inc., located at 5844 Old Pasco Road, Suite 100, Wesley
Chapel, FL 33544.
14
15	Present and constituting a quorum were:
16
Aaron Baker	Board Supervisor, Chairman
Jessica Robinson	Board Supervisor, Vice Chairman
Doug South	Board Supervisor, Assistant Secretary
Brady Lefere	Board Supervisor, Assistant Secretary
Rick Stevens	Board Supervisor, Assistant Secretary
22
23	Also present were:
24
Jordan Lansford	District Manager, Rizzetta & Company, Inc.
Alyssa Wilson	District Counsel, Hopping Green & Sams
Jordan Schrader	District Engineer, Clearview Land Design
Chris Fisher	Representative, Clearview Land Design
(via conference call)
Jimmy Taylor	Representative, Aquatic Systems Inc.
31
32
33	FIRST ORDER OF BUSINESS	Call to Order
34
The meeting was called to order and roll call performed confirming that a quorum
was present.
37
38	SECOND ORDER OF BUSINESS	Audience Comments
39
40	There were no audience members present.
41
42
43
44

DEL WEBB BEXLEY COMMUNITY DEVELOPMENT DISTRICT
September 25, 2019 - Minutes of Meeting
Page 2
THIRD ORDER OF BUSINESS	Consideration  of  the  Minutes  of  the
Board of Supervisors’ Meeting held on
47	July 24, 2019
48
Ms. Lansford presented the Minutes of the Board of Supervisors’ meeting held on
July 24, 2019. The Board approved these Minutes with no changes.
51

On a Motion by Mr. Lefere, seconded by Mr. Baker, with all in favor, the Board of Supervisors approved the Minutes of the Board of Supervisors’ meeting held on July 24, 2019, as presented, for Del Webb Bexley Community Development District.

52
FOURTH ORDER OF BUSINESS	Consideration	of	Operation	and
Maintenance	Expenditures	for	July
and August 2019
56
Ms. Lansford presented the Operation and Maintenance Expenditures for July and
August 2019. There were no questions.
59

On a Motion by Mr. Baker, seconded by Mr. Lefere, with all in favor, the Board of Supervisors ratified the Operation and Maintenance Expenditures for July ($9954.39) and August 2019 ($12,140.70) for Del Webb Bexley Community Development District.

60
FIFTH ORDER OF BUSINESS	Ratification	of	Series	2018	Trust
Account Requisitions  –  Under $100K
– None
64
Ms. Lansford stated that there were no requisitions under $100K to
present that this time.
67
SIXTH ORDER OF BUSINESS	Ratification	of	Series	2018	Trust
Account Requisitions – Over $100K –
None
71
Ms. Lansford stated that there were no requisitions over $100K to present at this
time.
74
75	SEVENTH ORDER OF BUSINESS	Ratification of Change Orders - None
76
Ms. Lansford stated that there were no change orders to present to the Board at
this time.
79
80
81
82
83

DEL WEBB BEXLEY COMMUNITY DEVELOPMENT DISTRICT
September 25, 2019 - Minutes of Meeting
Page 3
84	EIGHTH ORDER OF BUSINESS	Presentation of Aquatics Report
85
Ms.  Lansford  presented  the  Aquatics  Report  dated  August  15,  2019.	It was
approved that Aquatic Systems Incorporated will add ponds S1, S2, S3, 10 and 11 to their
contract with a “not to exceed” amount of $150.00 per month additional charge.
89

On a Motion by Mr. South, seconded by Mr. Lefere, with all in favor, the Board of Supervisors approved Aquatic Systems, Incorporated will add ponds S1, S2, S3, 10, 11 to their contract with a “not to exceed” amount of $150.00 per month additional charge, for the Del Webb Bexley Community Development District.

90
NINTH ORDER OF BUSINESS	Consideration	of	ASI	Landscape
Contract Modification
93
Ms. Lansford presented the ASI Landscape Contract Modification to the Board for
consideration. The Board approved landscaping for all of Phases 1 and 2, with a “not to
exceed” amount of $50,000.
97

On a Motion by Mr. Baker, seconded by Mr. Lefere, with all in favor, the Board of Supervisors approved landscaping for all of Phases 1 and 2, with a “not to exceed” amount of $50,000, for the Del Webb Bexley Community Development District.

98
99	TENTH ORDER OF BUSINESS	Consideration of Rizzetta Technology
100	Services Contract
101
Ms. Lansford presented the Rizzetta Technology Services Contract to the Board
for consideration.

On a Motion by Mr. Baker, seconded by Mr. Lefere, with all in favor, the Board of Supervisors approved the Rizzetta Technology Services Contract, for the Del Webb Bexley Community Development District.

ELEVENTH ORDER OF BUSINESS	Ratification of Drainage Easement

Ms. Lansford presented the Drainage Easement for ratification. (Exhibit A)

On a Motion by Mr. South, seconded by Mr. Lefere, with all in favor, the Board of Supervisors ratified the Drainage Easement, for the Del Webb Bexley Community Development District.

DEL WEBB BEXLEY COMMUNITY DEVELOPMENT DISTRICT
September 25, 2019 - Minutes of Meeting
Page 4
TWELFTH ORDER OF BUSINESS	Staff Reports

A.	District Counsel
The Consideration of FY 2019-2020 Funding Agreements was tabled.
The Consideration  of First  Amendment  to  the  FY 2018-2019 Budget was
tabled.

B.	District Engineer
The Board was updated to expect the addition of twenty (20) more drainage
easements.

C.	District Manager
Ms. Lansford reminded the Board that the next regular meeting is scheduled
for October 23, 2019 at 2:00 p.m. at the office of Rizzetta & Company, 5844
Old Pasco Road, Suite 100, Wesley Chapel, FL 33544.

THIRTEENTH ORDER OF BUSINESS	Supervisor Requests

Ms. Lansford asked if there were any Supervisor Requests. There were none.

FOURTEENTH ORDER OF BUSINESS	Adjournment

Ms. Lansford stated that if there was no further business to come before the
Board than a motion to adjourn the meeting would be in order.

On a Motion by Mr. Baker, seconded by Mr. South, with all in favor, the Board of Supervisors adjourned the meeting at 2:36 p.m. for Del Webb Bexley Community Development District.

143	 		 	
144	Secretary/Assistant Secretary	Chairman/ Vice Chairman

Exhibit A

This space reserved for use by the Clerk of the Circuit Court
Prepared By and Return to:
Alyssa C. Willson, Esq.
HOPPING GREEN & SAMS, P.A.
Post Office Box 6526
Tallahassee, Florida 32314

PERPETUAL, NON-EXCLUSIVE DRAINAGE EASEMENT AGREEMENT
This Easement Agreement ("Easement Agreement") made as of this 	day of
________, 2019, by and between:

Del Webb Bexley Community Development District, a local unit of special­ purpose government established pursuant to Chapter 190, Florida Statutes, being situated in Pasco County, Florida, and whose address is 5844 Old Pasco Road, Suite 100, Wesley Chapel, Florida 33544 (the "District" or "Grantee"); and
Pulte Home Company, LLC, a Michigan limited liability company, and landowner within the District with an address of 2662 S. Falkenburg Rd., Riverview, Florida, 33578 (the "Grantor").
WITNESSETH:

WHEREAS, District was established by ordinance adopted by Board of County Commissioners of Pasco County, Florida, pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended (the "Act") and is validly existing under the Constitution and laws of the State of Florida;; and

WHEREAS, the Act authorizes the District to finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain certain systems, facilities, and basic infrastructure within or without the boundaries of the District; and

WHEREAS, Grantor is the fee owner of certain, specific portions of the lands within the District, which lands are more particularly described in Exhibit A attached hereto and by this reference incorporated herein (all portions collectively known as the "Easement Property"); and

WHEREAS, the District desires to obtain a perpetual, non-exclusive drainage and flowage easement on, over, under, and across the Easement Property; and

WHEREAS, Grantor has agreed to grant such Easement subject to the terms and conditions herein provided.

Now, THEREFORE, for and in consideration of the foregoing premises, the mutual agreement of the parties hereto, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

RECITALS. The foregoing recitals are true and correct and by this reference are incorporated as a material part of this Easement Agreement.

GRANT OF EASEMENT. Grantor hereby grants unto the District, its successors and assigns, in perpetuity, an easement for the purposes of water drainage, management, and control on, in, over, under, upon, and through the Easement Property, together with the right of ingress and egress over, across, upon, and through the Easement Property for purposes of effectuating this grant of Easement, as well as, any necessary construction, maintenance, repair, installation, or reconstruction which is deemed necessary or desirable by the District.

INCONSISTENT USE. Grantor agrees and covenants that it shall not grant or exercise any rights in the Easement Property inconsistent with, or which interfere with, the rights herein accorded to the District.

INDEMNIFICATION.

Grantor agrees to indemnify and hold the District harmless from and against any and all damages, losses, or claims, including but not limited to, legal fees and expenses, to the extent that such damages, losses, or claims are attributable to actions, omissions or negligence in the use of the Easement Property by Grantor, its agents, employees, or independent contractors.

To the extent allowed by law, the District agrees to indemnify and hold Grantor harmless from and against any and all damages, losses, or claims, including but not limited to, legal fees and expenses, to the extent that such damages, losses, or claims are attributable to actions, omissions or negligence in the use of the Easement Property by the District, its agents, or employees, or independent contractors.

Grantor agrees that nothing contained in this Easement Agreement shall constitute or be construed as a waiver of the District's limitations on liability set forth in Section 768.28, Florida Statutes, and other law.

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

DEFAULT. A default by either party under this Easement Agreement shall entitle the other to all remedies available at law or in equity, which may include, but not be limited to, the right of actual damages, injunctive relief, and specific performance.

ENFORCEMENT OF AGREEMENT. In the event that either the District or Grantor seeks to enforce this Easement Agreement by court proceedings or otherwise, then the prevailing party shall be entitled to recover all fees and costs incurred, including reasonable attorneys' fees and costs for trial, alternative dispute resolution, or appellate proceedings.

NOTICES. Any notice, demand, consent, authorization, request, approval or other communication that any party is required, or may desire, to give to or make upon the other party pursuant to this Agreement shall be effective and valid only if in writing, signed by the party giving notice and delivered personally to the other parties or sent by express 24-hour guaranteed courier or delivery service or by certified mail of the United States Postal Service, postage prepaid and return receipt requested, addressed to the other party as follows (or to such other place as any party may by notice to the others specify):

To Grantor

To the District:

With a copy to:

Pulte Home Company, LLC, 2662 S. Falkenburg Rd.

Rivervi�, FloJjda, 33578 Attn:	-'>,-\- \ ' .  -l=>e>e<rc:,0
Del Webb Community Development District 5844 Old Pasco Road, Suite 100
Wesley Chapel, Florida 33544 Attn: District Manager

Hopping Green & Sams, P.A.
119 S. Monroe Street, Suite 300 (32301) Post Office Box 6526
Tallahassee, Florida 32314 Attn: Jonathan T. Johnson

Notice shall be deemed given when received, except that if delivery is not accepted, notice shall be deemed given on the date of such non-acceptance. Notices delivered after 5:00 p.m. (at the place of delivery) or on a non-business day, shall be deemed received on the next business day. If any time for giving notice would otherwise expire on a non-business day, the notice period shall be extended to the next succeeding business day. Saturdays, Sundays, and legal holidays recognized by the United States government shall not be regarded as business days. Counsel for the District and counsel for Grantor may deliver Notice on behalf of the District and Grantor.

THIRD PARTIES. This Easement Agreement is solely for the benefit of the District and Grantor, and no right or cause of action shall accrue upon or by reason, to or for the benefit of any third party not a formal party to this Easement Agreement. Nothing in this Easement expressed or implied is intended or shall be construed to confer upon any person or corporation other than the District and Grantor any right, remedy, or claim under or by reason of this Easement Agreement or any of the provisions or conditions of this Easement Agreement. The District shall be solely responsible for enforcing its rights under this Easement Agreement against any interfering third party. Nothing contained in this Easement Agreement shall limit or impair the District's right to protect its rights from interference by a third party.

ASSIGNMENT. Neither of the parties hereto may assign, transfer or license all or any portion of its rights under this Easement Agreement without the written consent of the other party.

CONTROLLING LAW AND VENUE. This Easement Agreement shall be construed, interpreted, and controlled according to the laws of the State of Florida. The parties agree and consent to venue in Pasco County, Florida, for the resolution of any dispute, whether brought in or out of court, arising out of this Easement Agreement.

PUBLIC RECORDS. Grantor understands and agrees that all documents of any kind provided to the District in connection with this Easement Agreement shall be treated as public records in accordance with Florida law.

SEVERABILITY. The invalidity or unenforceability of any one or more provisions of this Easement Agreement shall not affect the validity or enforceability of the remaining portions of this Easement Agreement, or any part of this Easement Agreement not held to be invalid or unenforceable.

BINDING EFFECT,· This Easement Agreement and all of the prov1s10ns, representations, covenants, and conditions contained herein shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

AUTHORIZATION. By execution below, the undersigned represent that they have been duly authorized by the appropriate body or official of their respective entity to execute this Easement Agreement, and that the respective parties have complied with all the requirements of law, and have full power and authority to comply with the terms and provisions of this instrument.

AMENDMENTS. Amendments to and waivers of the provisions contained in this Easement Agreement may be made only by an instrument in writing which is executed by both the District and Grantor.

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

IN WITNESS WHEREOF, the parties have caused this instrument to be executed by their duly authorized officers effective as of the day and year first above written.

Signed, sealed and delivered in the presence of:

(�

(Print Name)

(Signature)

J$c·,�--

 	--s. M"'- I

k tr/\
(Print Name)

PULTE HOME COMPANY, LLC, a Michigan
limited liability company

COUNTY OF�'itl.)l_spa0vJ,.

STATE OF FL

IDA
'\

The foregoi	strument was acknowledged before me this �S,p-,  day   of
9!�kmb-V"	, 2019,by   w <(),&wr-	as \)1' v t?\ll-oici,/l.J.
,
of Pulte Home Company, LLC, a Michigan limited liability company, on behalf of the company.
S/He [vj'is personally known to me or [ ] has produced	as identification.

Signed, sealed and delivered in the presence of:

(Signature)

DEL WEBB COMMUNITY DEVELOPMENT
DISTRICT, a local unit of special-purpose government created pursuant to Chapter 190, Florida Statutes

(Print Name)

Lisa Budronis

By:

clfairman.BoaofSupervisors

JudyJoseph
(Print Name)

STATE OF Flt'�

COUNTY OF 16.h

::	:

The	foregoing	instru'f	�	acknowledged	before	me	this   � day of

�

,   2019,   by�,(N:	,   as   Chairman   of  the   Board   of
Supervisors of the Del Webb Bexley Community Development District, a local unit of special­ purpose government created pursuant to Chapter 190, Florida Statutes, on behalf of said District. He � is personally known to me or [ ] has produced 	as identification.

Exhibit A:

KIRSTENLYCETT
Notary Puhlrc StJtt' of Florida Cornmi1,iu1111 r.r, 11r,u21 MyComm.[xpire,O<.t I�. Z021 Bcmdcd 1hrnu�h �cll1011i1I Nn\,llyA\\ft

Easement Property

Notary Public	Kirsten Lycett

EXHIBIT A
The Easement Property

LOT 6, BLOCK 17 • DRAINAGE EASEMENT
DESCRIPTION: The Northerly 5 feet of Lot 6, Block 17,  DEL  WEBB BEXLEY PHASE  1, according to the plat thereof as recorded in Plat Book 77, Pages 116 through 130, inclusive, Public Records  of Pasco County, Florida, and being more particularly described as follows:

BEGINNING at the Northwest corner of Lot 6, Block 17 DEL WEBB  BEXLEY PHASE 1,  according to the plat thereof as recorded in Plat Book 77, Pages 116 through 130, inclusive, Public Records of Pasco County, Florida, and run thence along the Northerly boundary of said
Lot 6, S.81°00'00"E., 121. 00 feet to the Northeast corner of said Lot 6; thence along the Easterly boundary of said Lot 6,  S.09°00"00"W.,  5.00 feet; thence N.81°0D'00'W.,  121.00 feet to the Westerly boundary of said Lot 6: thence along said Westerly boundary, N.09°00'00"E., 5.00 feet to the POINT OF BEGINNING.

Containing 605 square feet, more or less.
NOTES:
Bearings shown hereon are grid bearings per the plat of DEL WEBB BEXLEY PHASE 1. The Westerly boundary of said Lot 6 having a grid bearing of N.09"00'00"E.
  This  Sketch  Prepared  For:   PULo'T"E  HOME  COMPANY,   LLC	SHEET  NO.	1	OF	1

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Domiottoo	" ";0 e1510 wn. Ck'd 0,..er  N0•

DESCRIPTION SKETCH	Clearview Land Design, P.L.

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(Not  a  Survey)	Certificate of Authorization No. 28858

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This space reserved for use hy the Clerk of the Circuit Court
Prepared By and Return to:
Alyssa C. Willson, Esq.
HOPPING GREEN & SAMS, P.A.
Post Office Box 6526 Tallahassee, Florida 32314

PERPETUAL, NON-EXCLUSIVE DRAINAGE EASEMENT AGREEMENT

This  Easement Agreement  ("Easement  Agreement") made as of this	day of
-------� 2019, by and between:
Del Webb Bexley Community Development District, a local unit of special­ purpose government established pursuant to Chapter 190, Florida Statutes, being situated in Pasco County, Florida, and whose address is 5844 Old Pasco Road, Suite 100, Wesley Chapel, Florida 33544 (the "District" or "Grantee"); and
Pulte Home Company, LLC, a Michigan limited liability company, and landowner within the District with an address of 2662 S. Falkenburg Rd., Riverview, Florida, 33578 (the "Grantor").
WITNESSETH:

      WHEREAS, District was established by ordinance adopted by Board of County Commissioners of Pasco County, Florida, pursuant to the Uniform Community Development District Act of '1980, Chapter 190, Florida Statutes, as amended (the "Act") and is validly existing under the Constitution and laws of the State of Florida;; and
WHEREAS, the Act authorizes the District to finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain certain systems, facilities, and basic infrastructure within or without the boundaries of the District; and
WHEREAS, Grantor is the fee owner of certain, specific portions of the lands within the District, which lands are more particularly described in Exhibit A attached hereto and by this reference incorporated herein (all portions collectively known as the "Easement  Property"); and

WHEREAS, the District desires to obtain a perpetual, non-exclusive drainage and flowage easement on, over, under, and across the Easement Property; and
WHEREAS, Grantor has agreed to grant such Easement subject to the terms and conditions herein provided.

Now, THEREFORE, for and in consideration of the foregoing premises, the mutual agreement of the parties hereto, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

RECITALS. The foregoing recitals are true and correct and by this reference are incorporated as a material part of this Easement Agreement.

GRANT OF EASEMENT. Granter hereby grants unto the District, its successors and assigns, in perpetuity, an easement for the purposes of water drainage, management, and control on, in, over, under, upon, and through the Easement Property, together with the right of ingress and egress over, across, upon, and through the Easement Property for purposes of effectuating this grant of Easement, as well as, any necessary construction, maintenance, repair, installation, or reconstruction which is deemed necessary or desirable by the District.

INCONSISTENT USE. Grantor agrees and covenants that it shall not grant or exercise any rights in the Easement Property inconsistent with, or which interfere with, the rights herein accorded to the District.

INDEMNIFICATION.

Granter agrees to indemnify and hold the District harmless from and against any and all damages, losses, or claims, including but not limited to, legal fees and expenses, to the extent that such damages, losses, or claims are attributable to actions, omissions or negligence in the use of the Easement Property by Granter, its agents, employees, or independent contractors.

To the extent allowed by law, the District agrees to indemnify and hold Grantor harmless from and against any and all damages, losses, or claims, including but not limited to, legal fees and expenses, to the extent that such damages, losses, or claims are attributable to actions, omissions or negligence in the use of the Easement Property by the District, its agents, or employees, or independent contractors.

Granter agrees that nothing contained in this Easement Agreement shall constitute or be construed as a waiver of the District's limitations on liability set forth in Section 768.28, Florida Statutes, and other law.

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

DEFAULT. A default by either party under this Easement Agreement shall entitle the other to all remedies available at law or in equity, which may include, but not be limited to, the right of actual damages, injunctive relief, and specific performance.

ENFORCEMENT OF AGREEMENT. In the event that either the District or Grantor seeks to enforce this Easement Agreement by court proceedings or otherwise, then the prevailing party shall be entitled to recover all fees and costs incurred, including reasonable attorneys' fees and costs for trial, alternative dispute resolution, or appellate proceedings.

NOTICES. Any notice, demand, consent, authorization, request, approval or other communication that any party is required, or may desire, to give to or make upon the other party pursuant to this Agreement shall be effective and valid only if in writing, signed by the party giving notice and delivered personally to the other parties or sent by express 24-hour guaranteed courier or delivery service or by certified mail of the United States Postal Service, postage prepaid and return receipt requested, addressed to the other party as follows (or to such other place as any party may by notice to the others specify):

To Grantor

To the District:

With a copy to:

Pulte Home Company, LLC, 2662 S. Falkenburg Rd.

Rivervi�f. FIQrida, 33578 Attn:	..Je\\  \C>f<>-��
Del Webb Community Development District 5844 Old Pasco Road, Suite 100
Wesley Chapel, Florida 33544 Attn: District Manager

Hopping Green & Sams, P.A.
119 S. Monroe Street, Suite 300 (32301) Post Office Box 6526
Tallahassee, Florida 32314 Attn: Jonathan T. Johnson

Notice shall be deemed given when received, except that if delivery is not accepted, notice shall be deemed given on the date of such non-acceptance. Notices delivered after 5:00 p.m. (at the place of delivery) or on a non-business day, shall be deemed received on the next business day. If any time for giving notice would otherwise expire on a non-business day, the notice period shall be extended to the next succeeding business day. Saturdays, Sundays, and legal holidays recognized by the United States government shall not be regarded as business days. Counsel for the District and counsel for Grantor may deliver Notice on behalf of the District and Grantor.

THIRD PARTIES. This Easement Agreement is solely for the benefit of the District and Grantor, and no right or cause of action shall accrue upon or by reason, to or for the benefit of any third party not a formal party to this Easement Agreement. Nothing in this Easement expressed or implied is intended or shall be construed to confer upon any person or corporation other than the District and Grantor any right, remedy, or claim under or by reason of this Easement Agreement or any of the provisions or conditions of this Easement Agreement. The District shall be solely responsible for enforcing its rights under this Easement Agreement against any interfering third party. Nothing contained in this Easement Agreement shall limit or impair the District's right to protect its rights from interference by a third party.

ASSIGNMENT. Neither of the parties hereto may assign, transfer or license all or any portion of its rights under this Easement Agreement without the written consent of the other party.

CONTROLLING LAW AND VENUE. This Easement Agreement shall be construed, interpreted, and controlled according to the laws of the State of Florida. The parties agree and consent to venue in Pasco County, Florida, for the resolution of any dispute, whether brought in or out of court, arising out of this Easement Agreement.

PUBLIC RECORDS. Grantor understands and agrees that all documents of any kind provided to the District in connection with this Easement Agreement shall be treated as public records in accordance with Florida law.

SEVERABILITY. The invalidity or unenforceability of any one or more provisions of this Easement Agreement shall not affect the validity or enforceability of the remaining portions of this Easement Agreement, or any part of this Easement Agreement not held to be invalid or unenforceable.

BINDING EFFECT. This Easement Agreement and all of the prov1s1ons, representations, covenants, and conditions contained herein shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

AUTHORIZATION. By execution below, the undersigned represent that they have been duly authorized by the appropriate body or official of their respective entity to execute this Easement Agreement, and that the respective parties have complied with all the requirements of law, and have full power and authority to comply with the terms and provisions of this instrument.

AMENDMENTS. Amendments to and waivers of the provisions contained in this Easement Agreement may be made only by an instrument in writing which is executed by both the District and Grantor.

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

IN WITNESS WHEREOF, the parties have caused this instrument to be executed by their duly authorized officers effective as of the day and year first above written.

Signed, sealed and delivered in the presence of:

�

(Signature)

�c

,�/\  1",,
(Print Name)

/-t lls

STATE OF FLORIDA
COUNTY OF	j	bor49L

PULTE HOME COMPANY, LLC, a Michigan
limited liability company

The  foregoi�  \l'strument  was  acknowledged  before me this Q�• day of
 	, 2019,by  �0	��0'.'.)	as	01'u.,	i?va'IL-t11).-
of Pulte Home Company, LLC, a Michigan limited liability company, on behalf of the company.
S/He [....(is personally known to me or [ ] has produced	as identification.

a(s°' ��

Signed, sealed and delivered in the presence of:

(Signature) (Print Name)

 	Judy Joseph	
(Print Name)

COUNTY OF �V\.

STATE OF FLS_�\?t �n,u r/ 
1	i;he	foregoing	instrum

DEL WEBB COMMUNITY DEVELOPMENT
DISTRICT, a local unit of special-purpose government   created   pursuant   to   Chapter   190, Florida Statutes

By:
cfiairman.BoaofSupervisors

acknowledged	before	me	this  � day	of

Se,,�	,  2019,   by   �rt-.\ ...V,.,tC	,   as   Chairman   of  the   Board   of

tl}

Supervisors of the Del Webb Bexley Community Development District, a local unit of special­ purpose government created pursuant to Chapter 190, Florida Statutes, on behalf of said District. He      is personally known to me or [ ] has produced 	as identification.

KIRSTEN LYCETT
Not.ry Public · StDll' of Florida Commi1,ion I GG 11 6021   My Comm. Expire1 Oct t\, 2021 Uondcd lhrough N,1lioni1fNnl,1,y A\�11

Exhibit A:	Easement Property

EXHIBIT A
The Easement Property

DESCRIPTION SKETCH 5' DRAINAGE EASEMENT
DEL WEBB BEXLEY PHASE 1 LOT 3, BLOCK 9

DESCRIPTION: The Southwesterly 5 feet of Lot 3, Block 9, DEL WEBB BEXLEY PHASE 1, according to the plat thereof as recorded In Plat Book 77, Pages 116 through 130, Inclusive, Public Records of Pasco County, Florida, and being more particularly described as follows:
BEGINNING at the Southeast corner of Lot 3, Block 9, DEL WEBB BEXLEY PHASE 1, according to the plat thereof as recorded ln Plat Book 77, Pages 116 through 130, lncluslve, Publlc Records of Pasco County, Florida, and run thence along the Southerly boundary of said Lot 3, N.63"00'00"W., 121. 00 feet to the Southwest corner of said Lot 3; thence along the Westerly boundary of said
Lot 3, N.27°00"001tE., 5.00 feet; thence S.63"00'001tE., 121.00 feet to the Easterly boundary of said Lot 3; thence along said Easterly boundary, S.27"00'00�W., 5.00 feet to the POINT OF BEGINNING.
Containing 605 squarefeet, more or less.

NOTES:
1 ) Bearings shown hereon are grid bearings per the plat of DEL WEBB BEXLEY PHASE 1. The Westerly boundary of said Lot 3 having a grid bearing of N.27"00'00"E.

This Sketch Prepared For: PULTE HOME COMPANY, LLC

SHEET  NO.	'1	OF	'1

RD�ISl�NS

DESCRIPTION SKETCH

Clearview Land Design, P.L.

 	bi,r,tP��

Descriotion	0 e	wn. Ck'd Order No.	(Not a Survey)

Oolcemoscolo0-------+-----+-+--t------i

Poul A.
FLCROAPRCfESSIOW.SUM:YQl,:IW'PIRHO. LS:3B_!!1
 	      Har VH.10 WffilllJT 1)£ S!GffATIIRE N1D 1)£ ORIGIIW.

Certificate of Authorizotron No. 28858 Licensed Business No. 8151
301 0 W Azeo:o Str!l<ft
CIVIL ENGINEERING	Su,\-, 150
PLANNING	Tamp;'!., Flor,da 33609 SURVEYING & !vAPPING Phom· 813-223·3919
1.ANDSCAPEAACH!TECTURE      FwwwM c81i!l3a·2rv2lc-N3·'3.a9n7d5com
Dnrwn:  PAD   IChocked:JLS	No., LHH-80-00:l Dala:  B/10/20111 1°"9:  1..J-B Q  DIWw. o E  &SEMOO

RAISED StlJ.. Of A FtORIO\ LICfHSED SIJR'laOR NfD WJ'P£R  Sactlon   15.   Town■hl"   26  South.   Ran"•   16   Erut

Tab 6

RESOLUTION 2020-01

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE DEL WEBB BEXLEY COMMUNITY DEVELOPMENT DISTRICT TO DESIGNATE DATE, TIME AND PLACE OF PUBLIC HEARING AND AUTHORIZATION TO PUBLISH NOTICE OF SUCH HEARING FOR THE PURPOSE OF ADOPTING AMENDED AND RESTATED RULES OF PROCEDURE; AND PROVIDING AN EFFECTIVE DATE

WHEREAS, Del Webb Bexley Community Development District (the “District”) is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated entirely within Pasco County, Florida; and

WHEREAS, the Board of Supervisors of the District (the “Board”) is authorized by Section 190.011(5), Florida Statutes, to adopt rules and orders pursuant to Chapter 120, Florida Statutes.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE DEL WEBB BEXLEY COMMUNITY DEVELOPMENT DISTRICT:

SECTION 1. A Public Hearing will be held to adopt the District’s Amended and Restated Rules	of	Procedure	on	 	,	20   ,	at	 		 .m.,	at
 	.

SECTION 2.	The District Secretary is directed to publish notice of the hearing in accordance with Section 120.54, Florida Statutes.

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

PASSED AND ADOPTED this 	day of 	, 20 	.

ATTEST:	DEL WEBB BEXLEY COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairman, Board of Supervisors