August 9, 2023 Board of Supervisors Falcon Trace Community Development District Dear Board Members: The meeting of the Board of Supervisors of Falcon Trace Community Development District will be held Wednesday, August 16, 2023, at 6:00 PM at the Big Hawk Lake Recreation Center, 13600 Hawk Lake Drive, Orlando, Florida. Following is the advance agenda for the meeting: Board of Supervisors Meeting 1. Roll Call 2. Public Comment Period 3. Approval of Minutes of the July 19, 2023 Board of Supervisors Meeting 4. Public Hearing A. Consideration of Resolution 2023-07 Adopting the Fiscal Year 2024 Budget and Relating to Annual Appropriations B. Consideration of Resolution 2023-08 Imposing Special Assessments and Certifying an Assessment Roll 5. Staff Reports A. Attorney B. District Manager’s Report i. Approval of Check Register ii. Balance Sheet and Income Statement iii. Review of Fiscal Year 2024 Meeting Schedule C. Field Manager’s Report i. Consideration of Fiscal Year 2024 Landscape Maintenance Proposals a. Blade Runners b. United Land c. Yellowstone Landscaping ii. Consideration of Fiscal Year 2024 Agreement Renewal with Roberts Pools iii. Consideration of Pickleball Addition to Tennis Court- GMS iv. Consideration of Sidewalk Lifting Proposals a. Alpha Foundations b. LRE Foundations c. Ram Jack D. Amenity Manager Report 6. Supervisor’s Requests 7. Adjournment MINUTES OF MEETING FALCON TRACE COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Falcon Trace Community Development District was held Wednesday, July 19, 2023 at 6:00 p.m. at the Big Hawk Lake Recreational Center, 13600 Hawk Lake Drive, Orlando, Florida. Present and constituting a quorum were: Sara Hurst Chairperson Carole Miller Vice Chairperson Kathy Stark Assistant Secretary Sue Marchesi Baron Assistant Secretary Perry Shaikh Assistant Secretary Also Present were: Jason Showe District Manager Mike Eckert District Counsel Kate John Kutak Rock Jarett Wright Field Operations Marcia Calleja CALM The following is a summary of the discussions and actions taken at the July 19, 2023 meeting. An audio copy of the proceedings can be obtained by contacting the District Manager. FIRST ORDER OF BUSINESS Roll Call Mr. Showe called the meeting to order and called the roll. SECOND ORDER OF BUSINESS Public Comment Period There being no comments, the next item followed. THIRD ORDER OF BUSINESS Approval of the Minutes of the May 17, 2023 Meeting Mr. Hurst moved to approve the minutes of the May 17, 2023 meeting Ms. Stark seconded the motion. The motion passed on the following roll call vote: Ms. Hurst yes. Mr. Shaikh yes. Ms. Stark yes. Ms. Baron yes. Ms. Miller yes FOURTH ORDER OF BUSINESS Review of Fiscal Year 2024 Budget Mr. Showe stated we didn’t receive any feedback via email but will take any changes in advance of your hearing next month. This doesn’t lock you into any of the account lines, if we need to make changes between now and the hearing or throughout the year, we can do that. You are setting the cap on your assessments. Ms. Hurst stated the cap is $419.70 per household and has remained the same since 2007. Mr. Shaikh moved to lower the attorney fees to $10,000 and there being no second, the motion died for lack of a second. FIFTH ORDER OF BUSINESS Consideration of Resolution 2023-07 Approving Mutual Aid Agreement Ms. John stated the mutual aid agreement allows the district to enter into agreement with other local units of government to request assistance during times of emergency or threats of emergency. For example, a hurricane hit Orlando and they are flooded with requests and Falcon Trace has a lot of trees that need to be removed. Under this agreement you can call Melbourne for assistance if they have also signed this agreement. Ms. Hurst stated it is reciprocal, if we have resources and somebody needed our assistance we could reciprocate. Ms. John stated you are not required to. Ms. Miller asked is there any downside to entering into this agreement? Ms. John stated it doesn’t cost anything to enter into the agreement, however, if we do request assistance you would have to reimburse that party. Ms. Hurst stated if we are unable to render aid there is no penalty for not assisting. Mr. John stated yes. Ms. Miller moved to approve Resolution 2023-07. Ms. Stark seconded the motion. The motion passed on the following roll call vote: Ms. Hurst yes. Mr. Shaikh yes. Ms. Stark yes. Ms. Baron yes. Ms. Miller yes. SIXTH ORDER OF BUSINESS Ratification of Non-Ad Valorem Agreement with Orange County Mr. Showe stated this is the agreement we enter into annually with Orange County to place our assessments on the tax roll. Ms. Hurst moved to ratify the non-ad valorem agreement with Orange County. Ms. Baron seconded the motion. The motion passed on the following roll call vote: Ms. Hurst yes. Mr. Shaikh no. Ms. Stark yes. Ms. Baron yes. Ms. Miller yes. SEVENTH ORDER OF BUSINESS Staff Reports A. Attorney Mr. Eckert stated we were asked to look into an issue with the roof on the clubhouse, we provided advice on how we suggest you handle that issue. Staff has been getting proposals to evaluate and fix that damage. That is the first step and if you have to file a suit against them you want to know what your damages are. If your damages are $800, I will tell you don’t spend it on us, fix it for $800. Until we know those numbers, we can’t give the appropriate advice. If it is in the $5,000 to $10,000 range it is questionable whether it is worth it. In this particular case that number goes lower. I’m concerned if you go to court and win and get prevailing attorney’s fees and they are not collectable. There are no assets so we want to take a quick look at that before we recommend that you actually file something. You are going to have to have ethics training starting January 1, 2024. We will come out in the fall with your options on that. Kate has been doing a lot of work on your district behind the scenes and you may hear from her more. We anticipate being on the phone as much as we possibly can but there were enough legal issues raised tonight, we felt it was important to be here. B. Manager i. Approval of Check Register Ms. Hurst moved to approve the check register. Ms. Baron seconded the motion. The motion passed on the following roll call vote: Ms. Hurst yes. Mr. Shaikh no. Ms. Stark yes. Ms. Baron yes. Ms. Miller yes. iii. Balance Sheet and Income Statement A copy of the financials was included in the agenda package. C. Field Manager’s Report Mr. Wright reviewed the field manager’s report and stated as to the roof repair, we haven’t noticed any significant damage or cause of concern that would make us close the facility. From what we have noticed it is primarily cosmetic issues. If they say there are no major issues, I suggest having our guys come out and we will open this section clean up the tarp and at the turrets I would paint the white flash. It is not going to look perfect but at this point I don’t recommend spending too much money dealing with that issue, but that is up to you. i. Proposal for Sidewalk Foundation Lifting from Alpha Foundations This item tabled. Mr. Wright stated I know the topic of benches has come up before and apparently there was a not to exceed amount approved a couple years ago and we don’t know if you would feel comfortable with something at this time. Ms. Hurst stated I thought we approved benches. Ms. Miller stated we did. Mr. Showe stated we wanted more clear direction because I couldn’t find it in the minutes. Mr. Wright stated when we moved the ones we had, people sit on the top portion and that one is now bent. We need something a little more stable. After discussion of the type and location of benches staff was directed to bring back options on benches with backs. Ms. Calleja updated the board on rentals and pool usage and activity since the last meeting. EIGHTH ORDER OF BUSINESS Supervisor’s Requests Mr. Showe stated we provided you with the email from Mr. Shaikh with his agenda item requests. A. Review of CDD Related Policies and Procedures i. Rules of Board Meetings Mr. Shaikh asked is the CDD forever? Mr. Eckert stated not necessarily. Mr. Shaikh asked we had this thing for 20 years and what are we going to do? The rules how we conduct our meeting, this meeting does not require a predetermined agenda by law. Mr. Eckert stated that is incorrect. I will send you the statute. Mr. Shaikh stated that particular thing is in email and I will show you that. It is nice to have an agenda and when the meeting gets started the law permits the same things come up, they should be discussed, things can be added to the meeting and be productive. The email I sent to all of you. Mr. Eckert asked why are you sending emails to other board members? I have told you over and over again not to send emails to other board members because it can create a sunshine law violation for you and the other board members. Mr. Shaikh stated the law says you can’t tell somebody you only have two minutes to talk. Mr. Eckert stated that is not true. You adopted a resolution that says the public gets three minutes for comment for each member and the chair has the discretion to reduce that amount to a time she sees fit. Mr. Shaikh stated I’m not talking about the comment. I’m talking about the agenda of the meeting; the people can add items to something not on the agenda. Mr. Eckert stated 189.069(2)(a)(15) says you have to have an agenda with items, you have to put it on your website seven days in advance of the meeting. So, you do have to have an agenda. ii. Sunshine Law Mr. Shaikh stated the sunshine law 286 says any records that I need they can ask and get it. Mr. Eckert stated that is not the sunshine law, that’s the public records act. Mr. Shaikh stated call it anything you want to but it clearly says that whatever records relevant to our organization can be asked for in writing. Let’s say someone wants to know the minutes of our meeting from two months ago. Mr. Eckert stated they would contact Jason and Jason would provide them with the minutes. He cannot say no on minutes. There are some things he can say no on. Mr. Showe stated also we are not required to create records; we are not required to answer questions. We are required to provide specific records that are available from the district. Ms. Hurst stated we don’t allow our security conversations to be provided. Mr. Eckert stated I agree but that is not what he is saying. Mr. Shaikh asked can I request public documents over the telephone or whatever? Mr. Eckert stated yes. iii. Appointment to Treasurer Mr. Shaikh stated according to Chapter 190 the treasurer will be appointed. Mr. Eckert stated yes and you voted for Jason and he is the treasurer. Mr. Shaikh stated the law says the board shall designate a person who is a resident of the state as treasurer, this person will have charge of the funds of the district but he just said somebody else writes the checks. Mr. Showe stated the assistant treasurer signs the checks, that you also voted for. Mr. Eckert stated you come in here and say stuff is against the law and it is not. I disagree with you on it each time then we talk about the same thing two months later, because the law isn’t what you want it be so therefore it is wrong. That is where we are getting into a problem and that is why I’m here today. The only board member I have talked to in the last 60 days is you. The district got billed for that. I’m here today in person for this meeting for this. You are the one that is incurring the cost on behalf of the district right now, because you brought up a bunch of legal issues that we have gone over and over again that you want to talk about. Now we are going to spend time talking about it and the residents here are going to pay more money because you want to do this again. Mr. Shaikh stated you are absolutely wrong. I want to make sure very word is recorded in these minutes. You are patronizing because how can you say, how do you like to have a neutral or third party or something. Mr. Eckert stated I have a neutral party and that is the board. The board reviews all the expenses that are made and the board has the option to go back and say GMS why did you pay $50,000 for a bench, we want to see the invoice we want to know why you did that and that may be coming out of your pocket if you did that against our will. Mr. Shaikh stated that’s what I’m saying, GMS should not be paying out money. Mr. Eckert stated you just asked for a neutral person, there is, it is this board. You look at those invoices every month and look at those if they were appropriate or not appropriate. If there is something inappropriate, embezzlement theft, misappropriation of funds we are going to go after GMS because they are the ones that have the insurance policy that we required in our district management contract. Mr. Shaikh moved to remove Jason Showe as treasurer and there being no second, the motion died for lack of a second. iv. Dissolution Mr. Shaikh asked why is CDD created? Mr. Eckert stated a CDD is created to finance, manage and maintain infrastructure. Mr. Shaikh stated it is also spelled out that once CDD has accomplished whatever it is for and all the loans have been paid back CDD needs to go away. Mr. Eckert stated that is absolutely not true. Mr. Shaikh stated the only thing that is left, all we are doing now is the loans are paid, everything is complete, all the projects are complete, all the construction is complete, the CDD has lived its purpose. That is exactly what the law says. I request we plan and take our time and all these things if we just try to get some help from Susan or anybody else. We do not have to go through so much expense, we pay CDD $58,000 and we open the swimming pool. Ms. Stark asked how much do you think it takes to run this facility? You still have to pay a management company, you still have to operate this facility, you still have to maintain this facility, you still have to pay staff. Mr. Eckert stated you said once the bonds are paid off the CDD should go away. That is not how it works. However, there is a provision in Chapter 190 in 190.046 that talks about what a CDD can do to dissolve. You have to not own anything; you have to have a plan of termination for how you are going to terminate the CDD and CDDs exist for as long as there are bonds outstanding and as long as you have maintenance responsibilities. What the board would have to do is figure out how not to have assets, the statute says we can turn them over to a local general purpose government, which for here is Orange County, which means we would be turning over this facility and the lake to Orange County. I don’t know if Orange County wants this facility. I know they don’t want the lake because there is not a county I can get to take a stormwater management pond. If you want to talk about dissolution there is a procedure for doing that. What we have tried to do in the past when we had a couple of these where we had a minor road or something like that, never an amenity center, we dissolved the CDD, we had a plan of transfer, we transferred that road to the county and the county transferred that road to the HOA. That is as much as you can do. If you wanted to get rid of this facility you cannot transfer it directly to an HOA; it would be the same as me saying let’s transfer it to Perry because an HOA is a private entity, and local governments can’t just pick winners and losers and give stuff away to private property owners. Mr. Shaikh stated it makes sense. Everything needs to be paid off. Ms. Miller stated this is going nowhere. Make a motion and let’s move on. Mr. Shaikh moved to direct staff to present a plan of dissolution to the board and there being no second, the motion died for lack of a second. Mr. Shaikh stated Mike sent us information about the agenda. Ms. Miller asked how much is this meeting going to cost us because you are here for the length of time? Mr. Eckert stated I believe we have a flat fee for the meetings I attend in person, $1,700 or something like that versus a few hundred dollars being on the phone. Ms. Stark asked roughly what have you spent on all the emails? Mr. Eckert stated not a lot. When I get an email or copied on it from Perry that he sends to other board members, I will chime in telling the board members not to respond. Perry and I spent probably less than half an hour talking about some of these issues he had concerns with. Ms. Miller stated he needs to stop sending those emails. Mr. Sheikh stated you and I haven’t talked in a couple months. Mr. Eckert stated after the last meeting you had concerns. Ms. Hurst stated on 19th of May you talked with Perry for half an hour and it cost us $182.50. On the 22nd Mike spent 45 minutes preparing for and a call from Supervisor Shaikh for $255.50. Mr. Showe stated you specifically requested a call from Mike in the board meeting. Ms. Stark moved to adjourn the meeting at 7:26 p.m. Ms. Miller seconded the motion and the motion passed on the following roll call vote. Ms. Hurst yes. Mr. Shaikh no. Ms. Stark yes. Ms. Baron yes. Ms. Miller yes. Secretary/Assistant Secretary Chairman/Vice Chairman RESOLUTION 2023-07 THE ANNUAL APPROPRIATION RESOLUTION OF THE FALCON TRACE COMMUNITY DEVELOPMENT DISTRICT (“DISTRICT”) RELATING TO THE ANNUAL APPROPRIATIONS AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2023 AND ENDING SEPTEMBER 30, 2024; AUTHORIZING BUDGET AMENDMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the District Manager has, prior to the fifteenth (15th) day in June, 2023, submitted to the Board of Supervisors (“Board”) of the Falcon Trace Community Development District (“District”) proposed budget (“Proposed Budget”) for the fiscal year beginning October 1, 2023 and ending September 30, 2024 (“Fiscal Year 2023/2024”) along with an explanatory and complete financial plan for each fund of the District, pursuant to the provisions of Section 190.008(2)(a), Florida Statutes; and WHEREAS, at least sixty (60) days prior to the adoption of the Proposed Budget, the District filed a copy of the Proposed Budget with the local governing authorities having jurisdiction over the area included in the District pursuant to the provisions of Section 190.008(2)(b), Florida Statutes; and WHEREAS, the Board set a public hearing thereon and caused notice of such public hearing to be given by publication pursuant to Section 190.008(2)(a), Florida Statutes; and WHEREAS, the District Manager posted the Proposed Budget on the District’s website at least two days before the public hearing; and WHEREAS, Section 190.008(2)(a), Florida Statutes, requires that, prior to October 1st of each year, the Board, by passage of the Annual Appropriation Resolution, shall adopt a budget for the ensuing fiscal year and appropriate such sums of money as the Board deems necessary to defray all expenditures of the District during the ensuing fiscal year; and WHEREAS, the District Manager has prepared a Proposed Budget, whereby the budget shall project the cash receipts and disbursements anticipated during a given time period, including reserves for contingencies for emergency or other unanticipated expenditures during the fiscal year. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE FALCON TRACE COMMUNITY DEVELOPMENT DISTRICT: SECTION 1. BUDGET a. The Board has reviewed the Proposed Budget, a copy of which is on file with the office of the District Manager and at the District’s Local Records Office, and hereby approves certain amendments thereto, as shown in Section 2 below. b. The Proposed Budget, attached hereto as Exhibit “A,” as amended by the Board, is hereby adopted in accordance with the provisions of Section 190.008(2)(a), Florida Statutes (“Adopted Budget”), and incorporated herein by reference; provided, however, that the comparative figures contained in the Adopted Budget may be subsequently revised as deemed necessary by the District Manager to reflect actual revenues and expenditures. c. The Adopted Budget, as amended, shall be maintained in the office of the District Manager and at the District’s Local Records Office and identified as “The Budget for the Falcon Trace Community Development District for the Fiscal Year Ending September 30, 2024.” d. The Adopted Budget shall be posted by the District Manager on the District’s official website within thirty (30) days after adoption, and shall remain on the website for at least two (2) years. SECTION 2. APPROPRIATIONS There is hereby appropriated out of the revenues of the District, for Fiscal Year 2023/2024, the sum of $________________ to be raised by the levy of assessments and/or otherwise, which sum is deemed by the Board to be necessary to defray all expenditures of the District during said budget year, to be divided and appropriated in the following fashion: TOTAL GENERAL FUND $__________________ CAPITAL RESERVE FUND(S) $__________________ TOTAL ALL FUNDS $__________________ SECTION 3. BUDGET AMENDMENTS Pursuant to Section 189.016, Florida Statutes, the District at any time within Fiscal Year 2023/2024 or within sixty (60) days following the end of the Fiscal Year 2023/2024 may amend its Adopted Budget for that fiscal year as follows: a. A line-item appropriation for expenditures within a fund may be decreased or increased by motion of the Board recorded in the minutes, and approving the expenditure, if the total appropriations of the fund do not increase. b. The District Manager or Treasurer may approve an expenditure that would increase or decrease a line-item appropriation for expenditures within a fund if the total appropriations of the fund do not increase and if either (i) the aggregate change in the original appropriation item does not exceed the greater of $15,000 or 15% of the original appropriation, or (ii) such expenditure is authorized by separate disbursement or spending resolution. c. Any other budget amendments shall be adopted by resolution and consistent with Florida law. The District Manager or Treasurer must ensure that any amendments to the budget under paragraph c. above are posted on the District’s website within five (5) days after adoption and remain on the website for at least two (2) years. SECTION 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 16th DAY OF AUGUST 2023. ATTEST: FALCON TRACE COMMUNITY DEVELOPMENT DISTRICT By: Secretary/Assistant Secretary Its: RESOLUTION 2023-08 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE FALCON TRACE COMMUNITY DEVELOPMENT DISTRICT MAKING A DETERMINATION OF BENEFIT AND IMPOSING SPECIAL ASSESSMENTS FOR FISCAL YEAR 2023/2024; PROVIDING FOR THE COLLECTION AND ENFORCEMENT OF SPECIAL ASSESSMENTS; CERTIFYING AN ASSESSMENT ROLL; PROVIDING FOR AMENDMENTS TO THE ASSESSMENT ROLL; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Falcon Trace Community Development District (“District”) is a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, for the purpose of providing, operating and maintaining infrastructure improvements, facilities and services to the lands within the District; and WHEREAS, the District is located in Orange County, Florida (“County”); and WHEREAS, the District has constructed or acquired various infrastructure improvements and provides certain services in accordance with the District’s adopted capital improvement plan and Chapter 190, Florida Statutes; and WHEREAS, the Board of Supervisors (“Board”) of the District hereby determines to undertake various operations and maintenance and other activities described in the District’s budget (“Adopted Budget”) for the fiscal year beginning October 1, 2023 and ending September 30, 2024 (“Fiscal Year 2023/2024”), attached hereto as Exhibit “A” and incorporated by reference herein; and WHEREAS, the District must obtain sufficient funds to provide for the operation and maintenance of the services and facilities provided by the District as described in the Adopted Budget; and WHEREAS, the provision of such services, facilities, and operations is a benefit to lands within the District; and WHEREAS, Chapter 190, Florida Statutes, provides that the District may impose special assessments on benefitted lands within the District; and WHEREAS, it is in the best interests of the District to proceed with the imposition of the special assessments for operations and maintenance in the amount set forth in the Adopted Budget; and WHEREAS, Chapter 197, Florida Statutes, provides a mechanism pursuant to which such special assessments may be placed on the tax roll and collected by the local tax collector (“Uniform Method”), and the District has previously authorized the use of the Uniform Method by, among other things, entering into agreements with the Property Appraiser and Tax Collector of the County for that purpose; and WHEREAS, it is in the best interests of the District to adopt the Assessment Roll of the Falcon Trace Community Development District (“Assessment Roll”) attached to this Resolution as Exhibit “B” and incorporated as a material part of this Resolution by this reference, and to certify the Assessment Roll to the County Tax Collector pursuant to the Uniform Method; and WHEREAS, it is in the best interests of the District to permit the District Manager to amend the Assessment Roll, certified to the County Tax Collector by this Resolution, as the Property Appraiser updates the property roll for the County, for such time as authorized by Florida law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE FALCON TRACE COMMUNITY DEVELOPMENT DISTRICT: SECTION 1. BENEFIT & ALLOCATION FINDINGS. The Board hereby finds and determines that the provision of the services, facilities, and operations as described in Exhibit “A” confers a special and peculiar benefit to the lands within the District, which benefit exceeds or equals the cost of the assessments. The allocation of the assessments to the specially benefitted lands, as shown in Exhibits “A” and “B,” is hereby found to be fair and reasonable. SECTION 2. ASSESSMENT IMPOSITION. Pursuant to Chapters 190 and 197, Florida Statutes, and using the procedures authorized by Florida law for the levy and collection of special assessments, a special assessment for operation and maintenance is hereby imposed and levied on benefitted lands within the District, and in accordance with Exhibits “A” and “B.” The lien of the special assessments for operations and maintenance imposed and levied by this Resolution shall be effective upon passage of this Resolution. Moreover, pursuant to Section 197.3632(4), Florida Statutes, the lien amount shall serve as the “maximum rate” authorized by law for operation and maintenance assessments. SECTION 3. COLLECTION. The collection of the operation and maintenance special assessments shall be at the same time and in the same manner as County taxes in accordance with the Uniform Method, as indicated on Exhibits “A” and “B.” The decision to collect special assessments by any particular method – e.g., on the tax roll or by direct bill – does not mean that such method will be used to collect special assessments in future years, and the District reserves the right in its sole discretion to select collection methods in any given year, regardless of past practices. SECTION 4. ASSESSMENT ROLL. The Assessment Roll, attached to this Resolution as Exhibit “B,” is hereby certified to the County Tax Collector and shall be collected by the County Tax Collector in the same manner and time as County taxes. The proceeds therefrom shall be paid to the District. SECTION 5. ASSESSMENT ROLL AMENDMENT. The District Manager shall keep apprised of all updates made to the County property roll by the Property Appraiser after the date of this Resolution, and shall amend the Assessment Roll in accordance with any such updates, for such time as authorized by Florida law, to the County property roll. After any amendment of the Assessment Roll, the District Manager shall file the updates in the District records. SECTION 6. SEVERABILITY. The invalidity or unenforceability of any one or more provisions of this Resolution shall not affect the validity or enforceability of the remaining portions of this Resolution, or any part thereof. SECTION 7. EFFECTIVE DATE. This Resolution shall take effect upon the passage and adoption of this Resolution by the Board. PASSED AND ADOPTED this 16th day of August 2023. ATTEST: FALCON TRACE COMMUNITY DEVELOPMENT DISTRICT _____________________________ By:___________________________ Secretary / Assistant Secretary Its:____________________________ Exhibit A: Budget Exhibit B: Assessment Roll BOARD OF SUPERVISORS MEETING DATES FALCON TRACE COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2024 The Board of Supervisors of the Falcon Trace Community Development District will hold their regular meeting for the Fiscal Year 2024 at Big Hawk Lake Recreation Center, 13600 Hawk Lake Drive, Orlando, Fl 32837 at 6:00 P.M. unless otherwise indicated as follows: October 18, 2023 January 17, 2024 March 20, 2024 May 15, 2024 July 17, 2024 August 21, 2024 The meetings are open to the public and will be conducted in accordance with the provision of Florida Law for Community Development Districts. The meetings may be continued to a date, time, and place to be specified on the record at the meeting. A copy of the agenda for these meetings may be obtained from the District Manager, Governmental Management Services - Central Florida, LLC or by calling (407) 841-5524. There may be occasions when one or more Supervisors or staff will participate by speaker telephone. Pursuant to provisions of the Americans with Disabilities Act, any person requiring special accommodations at this meeting because of a disability or physical impairment should contact the District Office at (407) 841-5524 at least 48 hours prior to the meeting. 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), for aid in contacting the District Office. A person who decides to appeal any decision made at that meeting with respect to any matter considered at the meeting 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 such appeal is to be based. Jason Showe District Manager Governmental Management Services Central Florida, LLC Contractor: United Land Services Property: Falcon Trace CDD Address: 6386 Beth Rd. Orlando, FL Address: 219 E. Livingston St. Orlando, Florida, 32801 Phone: 904-788-9199 Phone: 407-750-3599 Fax: Contact: Tom Enright Contact: JWright@gmscfl.com Email: tenright@unitedlandservice.com Email: JAN FEB MAR APRIL MAY JUN JUL AUG SEP OCT NOV DEC TOTAL GENERAL SERVICES (Schedule A) - Mowing/Detailing TURF CARE (Schedule B) Bahia/St Augustine Fert TREE/SHRUB CARE (Schedule C) Tree/Shrub Fert BED DRESSING - Estimate mulch yds (Schedule E - B.) Per Yard Pricing: $50/cy, $8/bale 55cy, 60 bale 55cy, 60 bale PALM TRIMMING (Schedule E - C.) Per Palm Price: $50 Washingtonian, ANNUAL CHANGES - None at this time (Schedule E - A. ) Per Annual Pricing: IRRIGATION MAINT. (Schedule D) TOTAL FEE PER MONTH: $1,353 $2,984 $1,924 $1,604 $5,738 $1,918 $2,257 $3,659 $1,999 $1,603 $5,645 $1,222 $31,906 Flat Fee Schedule $2,659 $2,659 $2,659 $2,659 $2,659 $2,659 $2,659 $2,659 $2,659 $2,659 $2,659 $2,659 $31,906 Essential Services Mowing/Detailing/Irrigation/Fert and Pest Extra Services Annual Changes, Palm Pruning, Mulch TOTAL $7,460 $3,400 162 162 162 162 162 162 $1,944 86 19 24 162 162 162 162 162 162 $478 3,730 3,730 $2,706 19 86 29 33 38 29 43 43 29 216 81 460 135 216 135 460 162 216 81 460 81 1,700 1,273 1,273 955 $15,918 1,700 Falcon Trace CDD Landscape Fee Summary 955 955 1,273 1,273 1,592 1,592 1,592 1,592 1,592 $0 $21,046 $10,860 $31,905.60 Initials______ ______ Falcon Trace CDD Landscape Fee Summary Contractor: Yellowstone Landscape Property: Falcon Trace CDD Address: 1773 Business Center Lane, Kissimmee, FL 34758 Phone: 407-396-0529 Fax: 352-396-2023 Contact: Nicole Ailes Email: nailes@yellowstonelandscape.com Address: 219 E. Livingston St. Orlando, Florida, 32801 Phone: 407-750-3599 Contact: JWright@gmscfl.com Email: JAN FEB MAR APRIL MAY JUN JUL AUG SEP OCT NOV DEC TOTAL 1,998 1,998 1,998 1,998 1,998 1,998 1,998 1,998 1,998 1,998 1,998 1,998 $23,976 115 115 115 115 115 115 115 115 115 115 115 115 $1,380 80 80 80 80 80 80 80 80 80 $960 80 80 80 2,600 2,600 $5,200 50 CY 50 CY 1,920 2,208 $4,128 $0 180 180 180 180 180 180 180 $2,160 180 180 180 180 180 GENERAL SERVICES (Schedule A) - Mowing/Detailing TURF CARE (Schedule B) Bahia/St Augustine Fert TREE/SHRUB CARE (Schedule C) Tree/Shrub Fert BED DRESSING - Estimate mulch yds (Schedule E - B.) Per Yard Pricing: $52 PALM TRIMMING (Schedule E - C.) Per Palm Price: $48-62 ANNUAL CHANGES - None at this time (Schedule E - A. ) Per Annual Pricing: IRRIGATION MAINT. (Schedule D) TOTAL FEE PER MONTH: $2,373 $4,293 $2,373 $2,373 $4,973 $2,373 $2,373 $4,581 $2,373 $2,373 $4,973 $2,373 $37,804 Flat Fee Schedule $3,150 $3,150 $3,150 $3,150 $3,150 $3,150 $3,150 $3,150 $3,150 $3,150 $3,150 $3,150 $37,804 Essential Services $28,476 Mowing/Detailing/Irrigation/Fert and Pest Extra Services $9,328 Annual Changes, Palm Pruning, Mulch TOTAL $37,804.00 Orlando 3723 Hogshead Rd Apopka, FL 32073 Toll Free: (800) 714-3020 Website: www.alphafoundations.com CONTRACT Licensed Contractor CBC1257350 Date 5/24/2023 Customer Falcon Trace CDD Phone (Work or Home) CallerID: 4077503599 Project Location 13600 Hawk Lake Dr ORLANDO, FL 32837 E-mail JWright@gmscfl.com PROPOSED PRODUCTS QTY Utilities Protection 1.0 SettleStop PolyRenewal 150.0 Subtotal $2,392.97 Discount $239.30 Fuel Surcharge $99.00 Contract Price $2,252.67 This Contract, along with the Terms and Conditions, the Warranties, the Notice of Cancellation, and the Payment Terms form the contract (the "Contract") between the Customer and Alpha Foundation Specialists, LLC (the “Contractor”). X__________ Customer is responsible for removing all personal items from the work area. X__________ Customer assumes responsibility for damages to hidden or unmarked utility lines. X__________ Stabilization is warrantied. Contractor can attempt to lift at Customer's request. X__________ A full perimeter drainage system with sump pump was recommended. X__________ Customer is aware of warranty and all addenda. X__________ Customer is responsible for providing all necessary electrical outlets. Acceptance of Contract - The above prices, specifications, conditions, and separate warranty are satisfactory and hereby accepted. You are authorized to do work as specified. Payment will be made as outlined above or in accordance with the attached addendum. Subject to the Terms and Conditions, Contractor shall endeavor to start work within one hundred fifty (150) days of the date of the Contract and shall endeavor to complete the work within an estimated one hundred twenty (120) days of the start date of the work.. Customer X____________________________________________________________ X____________________________________________________________ Contractor X____________________________________________________________ Date 5/24/2023 Date 5/24/2023 Supplemental Notes Alpha Foundation Specialists, LLC to: Product Specifications Utilities Protection Utilities protection will cover repairs to private utilities damaged during installation (cable, sprinklers, private water lines, private electric lines etc). Repairs limited to damaged area and do not include full line replacement. SettleStop PolyRenewal PolyRenewal is a two-part urethane polymer that expands into rigid, structural foam to fill voids, stabilize, and sometimes lift concrete. Small 3/8" holes are drilled in strategic locations in the slab. PolyRenewal is injected beneath the slab to fill voids and attempt lift. Holes are grouted and sealed but may not match the color of the existing flooring or concrete. Customer is aware that the concrete can crack during the lifting process. Contractor will repair cracks that are caused by the lift but will not replace any concrete. The concrete can sometimes be ground down to reduce tripping hazards. Customer is aware that the concrete may not be perfectly level. Contractor guarantees stabilization. Sealing all joints and preexisting cracks are recommended and can be added for an additional charge. Terms and Conditions Services. Alpha Foundation Specialists, LLC d/b/a Alpha Foundations, license no.CBC1257350, is licensed by the Florida Department of Business and Professional Regulation. This Contract for the services requested by Customer (the “Work”) is based primarily upon Customer’s description of the project and/or the related problem(s) and is intended to remediate those problem(s). Contractor assumes existing construction generally complies with the relevant building codes. Any drawing(s) attached to the Contract are intended solely for illustration purposes, are not to scale, and do not create any additional representation, warranty, or commitment on the part of Contractor in connection with the Work. Contractor is not responsible for products, services, or conditions not expressly reflected herein, not expressly included in the Contract, and not purchased and paid for by Customer. Start dates and completion deadlines for the Work are approximate and may be affected by events beyond Contractor’s control, such as weather, permitting issues, access to the property, etc. Any delay caused by events beyond the control of Contractor shall not constitute abandonment and shall not be included in calculating timeframes for payment and performance. Contractor reserves the right to amend the scope of the Work in order to best address the project and/or problems. Any changes to the scope of Work which change the cost, materials, work to be performed, or estimated completion date must be made in writing, signed by both parties, and paid for before the Work can be performed. Any deviation from the scope of Work set forth in the Contract that results in additional costs, including but not limited to unforeseen site conditions, unusual building construction, changes needed after Contractor’s engineering/ management review of the signed Contract, and/or special requirements from the county/city/agency, will become an extra charge over and above the contract amount set forth in the Contract. If Customer and Contractor cannot agree on the amount of such additional costs and sign an amendment to the Contract, then Contractor has the option, at its sole discretion, of not proceeding with the Work and canceling the Contract for its convenience. Contractor reserves the right to substitute a product with an equivalent or superior product. The Work will be completed in a workmanlike manner according to the standard practices of the industry, and Contractor will comply with local permitting, inspection, and zoning requirements. Acceptance of Contract. By signing the Contract, Customer acknowledges that he/she understands and accepts all terms, the Terms and Conditions and the Warranties, and desires to enter into a contract with Contractor for the completion of the Work. Customer’s signature authorizes Contractor to perform the Work as specified in the Contract. The Contract may be withdrawn by Contractor if it is not accepted within thirty (30) days from the date of delivery. Compensation. Customer agrees to pay Contractor compensation as set forth in the Contract. Payment must be made in full upon completion of the Work. Failure by Customer to make payments when due shall constitute a breach of the Contract. A service fee of $25 will be charged for each returned check, and interest at a rate of 1% per month shall be applied to any amounts owed by Customer to Contractor (both pre-judgment and post-judgment) if Customer fails to pay the amounts owed for the Work as agreed. Insurance. Contractor represents and warrants that it maintains insurance as set forth in the Contractor’s Certificate of Liability Insurance, which can be made available upon request. Dispute Resolution. Dispute Resolution. The Contract shall be governed by the law of the place where the project is located, excluding that jurisdiction’s choice of law rules. Except for instances of failure to pay the full amount of the Contract, any claim, dispute, or other matter in controversy arising out of or related to this Contract or breach thereof shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Construction Industry Arbitration Rules in the place where the project is located, unless another location is mutually agreed upon, and judgment on the award rendered by the single arbitrator appointed to decide such proceeding may be entered in accordance with applicable law in any court having jurisdiction thereof. The fee schedule is listed on the AAA website at http://info.adr.org/constructionfeeschedule/. The arbitrator has the discretion and authority to award such remedies as may be available under applicable law. Each party shall be responsible for its own attorneys’ fees for the arbitration. If payment in full is not made when due, Contractor is entitled to proceed with litigation and may recover all expenses of collection, including attorneys’ fees, court costs, court reporter fees, and expert witness fees, in such amount as the court may adjudge reasonable. Contractor is also entitled to recover interest on the unpaid amount from the date due until paid at the rate of 1% per month. EACH PARTY TO THIS CONTRACT FOR ITSELF, ITS SUCCESSORS AND ASSIGNS, WAIVES ALL RIGHTS TO TRIAL BY JURY FOR ANY CLAIM, DISPUTE, OR OTHER MATTER IN CONTROVERSY ARISING OUT OF OR RELATED TO THIS CONTRACT. Customer's Responsibility. Cosmetic Repairs. Unless specifically noted in the Contract, Contractor is not responsible for any cosmetic repairs. Rather, Customer is responsible for any finished carpentry, painting, repointing, electrical work, extending discharge lines, replacement of floor tiles, carpeting, paneling, etc. that may be necessary after Contractor has completed the Work, unless such repairs are specifically identified in the Contract. When trenching or excavation is required, Contractor will backfill and compact soil to the best of its ability; however, Customer may need to add more topsoil at a later date if the excavated area settles. Customer is also responsible for any landscaping, reseeding, and resodding that may be necessary after Contractor has completed the Work. Utilities. Contractor will call the appropriate utility protection service or damage prevention authority (i.e., 811 or “Miss Utility”) to have all public underground utilities located. If Customer lives at a rural address, public lines will only be located to the pole or Customer’s property line. Customer is responsible for marking any private lines such as satellite dish cables, propane lines, low voltage lighting wires, sprinkler system lines, security system wires, services to outbuildings and swimming pools, etc. Customer assumes all responsibility for damage caused to hidden, buried, or unmarked fuel/utility/service/private lines. Unless otherwise noted, electrical work is not included in this Contract and problems with electrical connections are the responsibility of Customer. Water Seepage. Customer agrees to maintain positive drainage away from any wall(s) repaired by wall anchors, foundation piers, and/or carbon fiber strips/reinforcers. In the event of a wall anchor installation, a Water Management System is recommended to reduce hydrostatic pressure (which increases at greater depths) on the wall(s) and reduce the chance of water seepage into the basement. Water seepage into any area of the basement is NOT covered by the attached Warranties. Access and Personal Property. Customer shall provide access to the areas where the Work is to be performed and shall furnish utilities of electric and water at no cost to Contractor. Customer shall prepare such areas so that Contractor can begin work, including moving all items at least 10 feet away from areas where Work is to be performed and adequately sealing off living space from work areas. Customer shall remove or protect personal property, inside and outside of the residence, including but not limited to carpets, rugs, shrubs and plants, and Contractor shall not be responsible for said items. In the event that the removals have not been completed by the scheduled start date for Work, Customer shall be assessed a trip fee of $250. Contractor may offer, but is not required, to assist (i) in the preparation of the Work areas and/or (ii) in the removal and replacement of drywall, paneling, flooring, finish carpentry, wall coverings, or landscaping at a rate of $40 per man hour. Representations. Customer warrants that except as described in the request for service, all electrical, plumbing, HVAC, restoration, and handyman services located on the property are in good repair and condition and agrees to indemnify Contractor for any defective conditions that exist prior to or that occur after performance of the Work through no fault of Contractor. Customer is responsible for protecting the components that Contractor provides from future damage and shall follow all instructions provided in maintaining and protecting such components. On-Site Meetings. Customer shall meet with Contractor on-site before the Work begins and shall meet with Contractor on-site when the Work is completed and ready for inspection such that Contractor can explain the Work and finalize payment by Customer. Customer shall be responsible for being present on-site during any attempts to lift any part of the structure and/or concrete pavement. Notice and Contractor’s Right to Cure. Customer shall promptly report, in writing, any problems with the Work to Contractor. If the problem with the Work is attributable to Contractor, Contractor will begin to repair/correct the problem within fourteen (14) days of receipt of written notice and shall complete the repair/correction in a reasonable time. Assignment. This Contract will be binding upon the parties hereto and their respective successors and assigns. This Contract is not assignable without the written consent of both parties. Miscellaneous. This Contract constitutes the entire agreement of the parties. All prior agreements, whether written or oral, are merged herein and shall be of no force or effect. This Contract shall not be modified except in writing signed by both parties. The waiver by any party of a breach or the failure to enforce any provision of this Contract shall not operate as a continued waiver or agreement or be construed as any other waiver or agreement. The validity, performance, and construction of this Contract shall be governed and interpreted in accordance with the law of the place where the project is located. If any term, condition, or provision of this Contract is found unenforceable by a court of law or equity, this Contract shall be construed as though that term, condition, or provision did not exist, and its unenforceability shall have no effect whatsoever on the rest of this Contract. Signatures. This Contract may be executed in any number of counterparts, each of which shall, when executed, be deemed to be an original and all of which shall be deemed to be one and the same instrument. This Contract may be executed by facsimile or electronic signature pages which shall have the same force and effect as original executed signature pages. The person signing below for Customer represents that he/she has authority to act on behalf of the owner(s) of the property described in the Contract. Limitation of Liability. IN NO EVENT SHALL CONTRACTOR BE RESPONSIBLE FOR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE OF THE SUBJECT PROPERTY, DAMAGE TO ANY PROPERTY NOT FURNISHED BY CONTRACTOR, ATTORNEYS’ FEES, EXPERT FEES AND/OR COSTS. FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND. PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE  FROM THE FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND IF CUSTOMER LOSES MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS:   (850) 921-6593,   Construction Industry Licensing Board, 2601 Blair Stone Road, Tallahassee, Florida 32399. IN WITNESS WHEREOF, Customer and Contractor have caused their duly authorized representatives to execute this Contract as of the date first written above. Customer Name: X___________________________________________________ By: Falcon Trace CDD Contractor Alpha Foundation Specialists, LLC Name: X___________________________________________________ By: Chris Batten Warranties These Warranties are in effect only after the Work is completed and Customer has paid in full. If payment is not received, these Warranties are null and void. These Warranties are made in lieu of all other warranties, express or implied, and of all other obligations on the part of Contractor to Customer. There are no other oral or written warranties. There are no warranties which extend beyond the descriptions that appear below, including no warranties of express or implied merchantability and no warranties of express or implied fitness for a particular purpose. These Warranties are transferable to future owners of the structure on which the Work is completed. Contractor shall charge a fee of $200 to complete a system inspection and new owner orientation. All warranty claims must be brought prior to the expiration of the applicable warranty period in order to be valid. Contractor does not warrant products not mentioned herein. Some products may be covered by a separate manufacturer’s warranty, and Customer is responsible for compliance with any notice and claim procedure included in such warranties. Definitions. The term “stabilize,” as used in these Warranties, shall mean to make unlikely to give way or fail. The term “horizontal movement,” as used in these Warranties shall mean bowing. The term “vertical movement,” as used in these Warranties shall mean settlement. Wall Support Systems. Contractor hereby warrants that wall support systems, including wall anchors, carbon fiber strips, and steel I-beam systems, will stop further inward horizontal movement of the wall(s) in the areas where they are installed for the lifetime of the structure from the date of installation. Wall support systems are warranted only to stabilize repaired walls(s), not straighten. Walls that do not have wall support systems installed by Contractor entirely from corner to corner are not warranted. Contractor recommends annual maintenance for wall support systems. The cost of maintenance is not included in this contract, but maintenance is available from Contractor at an additional charge. For Carbon Fiber Strips, contractor does not warrant against: (1) any tipping or leaning at the top of the wall(s) repaired; (2) shearing or sliding at the bottom of the wall(s) repaired. In the rare instance that the repaired wall(s) experience leaning or shearing, steel brackets or other methods can be installed by Contractor at an additional charge. Foundation Push Piers and Foundation Helical Piers. Contractor warrants that the foundation push piers and foundation helical piers will stabilize the affected area(s) against further vertical movement for the lifetime of the structure from the date of installation. Contractor DOES NOT WARRANT TO LIFT ANY STRUCTURE, to close cracks, to render doors and windows operational, or to move walls back to their original position, but will do its best to achieve positive results in this regard, if lift is requested by Customer. Contractor is not responsible for any damages caused by a lifting operation on Customer’s foundation. Foundation push piers and foundation helical piers are sold and installed without the benefit of detailed knowledge of the existing foundation construction or subsurface conditions at the site. Contractor reserves the right to conduct a more thorough subsurface investigation, if necessary. Such an investigation may result in additional charges and delays. Steel Columns/Adjustable Screw Jacks/IntelliJack Support. Contractor warrants that the IntelliJacks will stabilize the affected area(s) against further vertical movement for a period of two (2) years from the date of installation. This two (2) years warranty against further vertical movement is separate and apart from the manufacturer’s warranty of twenty-five (25) years on the product(s). Contractor DOES NOT WARRANT TO LIFT ANY STRUCTURE, to close cracks, to render doors and windows operational, or to move walls back to their original position, but will do its best to achieve positive results in this regard, if lift is requested by Customer. Contractor is not responsible for any damages caused by a lifting operation on Customer’s framing. The condition of wood located in crawl spaces can be highly variable and can rapidly deteriorate or move as a result of changes in environmental conditions and/or changes in the building envelope conditions. Contractor is not responsible for wood repair (i.e., joist sistering, beam replacement, sill plate repair, cracking/movement in hardwood flooring or tiles) incidental to changes in environmental conditions and/or changes in the building envelope conditions, unless specifically noted in this Contract. Contractor warrants carpentry work for a period of one (1) year. Steel columns/adjustable screw jacks are sold and installed without the benefit of detailed knowledge of the existing foundation construction or subsurface conditions at the site. Contractor reserves the right to conduct a more thorough subsurface investigation, if necessary. Such an investigation may result in additional charges and delays. Slab Piers. Contractor warrants that the slab piers will stabilize the affected area(s) against further vertical movement for a period of ten (10) years from the date of installation. Contractors DOES NOT WARRANT TO LIFT the slab back to its original position. Water Management. Contractor warrants that if water from the walls or floor wall joint passes through the perimeter of the water management system and into the basement floor, Contractor will provide the additional labor and materials to fix the leak at no additional charge to the Customer. This warranty applies to water management systems along the specific areas where the system is installed. This warranty will be in effect for the lifetime of the structure and may be transferred to future homeowners provided Contractor is notified within thirty (30) days of the real estate transfer. Annual maintenance is strongly recommended for all water management systems, but is not required for the warranty to be in effect. The water management system shall not rust, rot, or corrode for the life of the structure. If the entire perimeter of the basement was not treated, then additional work at an additional charge may be necessary to extend the system or treat other areas or other problems not addressed by this Work. In addition, a pump or power failure is possible; therefore, this warranty is not a guarantee of a dry basement. This warranty shall not apply to condensation, or any system that has been altered in any way, water vapor transmission, concrete discoloration from capillary action, water squirting out of the walls over the system, window well flooding, plumbing leaks, surface water flooding, leaks from chimneys or garages, wall dampness, or efflorescence (white powder) on concrete, masonry or bricks. Contractor is not responsible for frozen discharge lines or water once it is pumped from the structure. Installation of a water management system does not include extending discharge lines more than five (5) feet from the foundation or electrical work, unless specified. Floor cracks are warranted against leakage only with full perimeter water management systems. Primary AC operated sump pumps and DC back-up pumps may be covered under a separate manufacturer’s warranty. Systems that drain to daylight cannot be warranted by Contractor if such system does not drain enough water, does not drain water from under the floor, clogs, or freezes. While drainage systems clogging or malfunctioning from iron ochre, iron get, or iron bacteria from the soil are rare, Contractor cannot be responsible for these situations, or for a system that requires cleaning, flushing, or other service as necessary to keep it functioning. Crawl Space Encapsulation. A crawl space encapsulation system will isolate the home from the earth. The humidity level in the air will be lowered, reducing moisture; however, the encapsulation system does not claim to be a mold mitigation system and a dehumidification/air purification system is highly recommended to further reduce mold growth. CrawlSeal has a transferable twenty-five (25) years warranty—there will be no charge for service calls on any tears or holes in the CrawlSeal liner (not caused by abuse or misuse), in the unlikely event this occurs. Wet crawl spaces require a drainage system and a sump pump system to remedy any problems with water below the liner. There will be no charge for Contractor to repair tears or holes in the crawl space encapsulation liner, unless Contractor determines that the tear/hole was caused by abuse or misuse. Sump pumps and crawl space encapsulation systems may be covered under a separate manufacturer’s warranty. Installation of a crawl space encapsulation system does not include extending discharge lines more than five (5) feet from the foundation or electrical work, unless specified. Contractor is not responsible for frozen discharge lines, water once it is pumped from the structure, or condensation. The condition of wood located in crawl spaces can be highly variable and can rapidly deteriorate or move as a result of changes in environmental conditions and/or changes in the building envelope conditions. Contractor is not responsible for the repair of preexisting wood damage unless specifically noted in this Contract. PolyRenewal and Expanding Polyurethane Structural Foam. Contractor represents that expanding polyurethane structural foam will fill voids, but will not necessarily lift Customer’s slab to meet any criteria of levelness. Contractor recommends sealing all cracks and joints, and Contractor can do so for an additional charge. Contractor warrants that the area where the slab of concrete was stabilized will not settle more than ¼ inch for a period of five (5) years from the date of installation. If it does, Contractor will provide the labor and materials to re-inject the area at no additional charge to Customer. This Warranty does not include patching or caulking between slabs. Customer is aware that the concrete may not be perfectly level or may not lift at all. Contractor guarantees stabilization, NOT LIFT. Any personal items in the work area are to be removed by the Customer prior to the arrival of the Contractor’s crew. This warranty is void if Customer does not maintain grade around slabs and seal joints between slabs. Exclusions. THIS WARRANTY DOES NOT COVER, AND CONTRACTOR SPECIFICALLY DISCLAIMS LIABILITY FOR: (a) any product or system that is altered in any way; (b) exterior waterproofing; (c) system damage caused by Customer’s negligence, misuse, abuse, or alteration; (d) damage, issues, and conditions incidental to installation, including dust and dirt; (e) changes to wood framing system; (f) damage to personal property of any type; (g) unmarked utility line breakage; (h) private utilities and lines (e.g., sprinkler, plumbing, discharge lines, etc.); (i) damage caused by unforeseen conditions such as mold, asbestos, or lead based paint; (j) removal and/or disposal of any hazardous materials; (k) failure or delay in performance or damage caused by acts of God (flood, fire, storm, earthquake, methane gas, etc.), acts of civil or military authority, or any other cause outside of Contractor’s control; (l) damage beyond Contractor’s control caused by dry rot, corrosion, termite infestation, and substandard construction; (m) damage done during a lifting operation; (n) basement water seepage, unless a full perimeter drainage system has been installed; (o) heave or any damage caused by it; and (p) damage caused by lateral movements and forces of hillside creep, land sliding or slumping of fill soils of deep embankments. EXCEPT AS EXPRESSLY SET FORTH, ALL SERVICES, MATERIALS, PARTS AND COMPONENTS PROVIDED BY CONTRACTOR ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND CONTRACTOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NOTICE OF CANCELLATION Transaction Date:______________________________   You may CANCEL this transaction, without any penalty or obligation, within THREE BUSINESS DAYS from the above date. If you cancel, any property traded in, any payments made by you under the Contract or sale, and any negotiable instrument executed by you will be returned within 10 BUSINESS DAYS following receipt by Contractor of your cancellation notice, and any security interest arising out of the transaction will be canceled.   If you cancel, you must make available to Contractor at your residence, in substantially as good condition as when received, any goods delivered to you under this Contract or sale; or you may, if you wish, comply with the instructions of Contractor regarding the return shipment of the goods at Contractor's expense and risk.   If you do make the goods available to Contractor and Contractor does not pick them up within 20 days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to Contractor, or if you agree to return the goods to Contractor and fail to do so, then you remain liable for performance of all obligations under the Contract.   To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram, to:   Alpha Foundation Specialists, LLC at 3723 Hogshead Rd, Apopka, FL 32073 NOT LATER THAN MIDNIGHT OF X____________________________ (Date).      I HEREBY CANCEL THIS TRANSACTION. (Date) _______________   (Customer's signature) ______________________   If after three business days the transaction has not been canceled, then the deposit will be non-refundable. PAYMENT TERMS We propose hereby to complete the services indicated in this Contract for the sum of: Contract Amount $2,252.67 Deposit $563.17 Due Upon Completion $1,689.50 Is the project financed?    YES _______________    NO _______________    (Financing must be set up at the time of the signed contract.) Approval/Account #____________________________________________________________ X__________ (initial) - Customer must be present on final day of install and final walk-through is to be performed with the job foreman. X__________ (initial) - Balance to be paid in full to foreman on last day of install. (Unless financed) BUYER’S RIGHT TO CANCEL. This is a home solicitation sale, and if Customer does not want the goods or services, Customer may cancel the Contract by providing written notice to Contractor in person, by telegram, or by mail. This notice must indicate that Customer does not want the goods or services and must be delivered or postmarked before midnight of the third business day after Customer signs the Contract. The notice must be mailed or delivered to: Alpha Foundation Specialists, LLC at 3723 Hogshead Rd, Apopka, FL 32073. If Customer cancels the Contract, Contractor may not keep all or part of any cash down payment. If Customer does not cancel the transaction during the cancellation period listed in this paragraph of the Contract, the deposit will be non-refundable. See the attached Notice of Cancellation form for further explanation of this cancellation right. Customer X____________________________________________________________ X____________________________________________________________ Contractor X____________________________________________________________ Date 5/24/2023 Date 5/24/2023