Viera East Community Development District

Agenda November 28, 2018

A	GENDA

Viera East
Community Development District

135 W. Central Blvd., Suite 320, Orlando, FL 32801
Phone: 407-841-5524- Fax: 407-839-1526

November 20, 2018

Board of Supervisors Viera East Community Development District

Dear Board Members:

The Board of Supervisors of the Viera East Community Development District  will  meet Wednesday, November 28, 2018 at 2:00 p.m. in the Multi-Purpose Room, Faith Lutheran Church, 5550 Faith Drive, Viera, FL. Following is the advance agenda for the meeting:

Audit Committee Meeting
Roll Call
Public Comment Period
Approval of Minutes of September 26, 2018 Meeting
Tally of Audit Committee Members Rankings and Selection of an Auditor
Adjournment

Board of Supervisors Meeting
Roll Call
Public Comment Period
Organizational Matters
Administration of Oaths of Office to Elected Supervisors
Election of Officers
Consideration of Resolution 2019-01 Electing Officers
Approval of Minutes of the October 24, 2018 Meeting
Consideration of Eleventh Modification and Amendment  to  Duda/District  Canal System Drainage Easement
Staff Reports
General Manager's Report
Treasurer's Report - Consideration of Financial Statements
Approval of Check Register
Balance Sheet and Income Statement
Supervisor's Requests
Adjournment

The second order of business of the Audit Committee Meeting is the Public Comment Period where the public has an opportunity to be heard on propositions coming before the Board as reflected on the agenda, and any other items. The third order of business is the approval of the minutes from the September 26, 2018 meeting. The minutes are enclosed for your review. The fourth order of business is the tally of the Audit Committee  members rankings and selection of an auditor. Rankings from all Audit Committee members will be tallied at the meeting to

develop an overall Audit Committee ranking. The RFP responses have been  provided separately and the tally sheet has been enclosed in your agenda package.

The second order of business of the Board of Supervisors meeting is the Public Comment Period where the public has an opportunity to be heard on propositions coming before the Board as reflected on the agenda, and any other items.

The third order of business is organizational matters. Section A is administration of oaths of office to elected supervisors. Section B is election of officers. Section C is consideration of Resolution 2019-01 electing officers. A copy of the resolution is enclosed for your review.

The fourth order of business is the approval of minutes of the October 24, 2018 meeting. The minutes are enclosed for your review.

The fifth order of business is consideration of eleventh modification and amendment to Duda/District canal system drainage easement. A copy of the easement is enclosed for your review.

The sixth order of business is the Staff Reports. Section A is the General Manager's Report.

The seventh order of business is the Treasurer's Report . Section A includes the check register being submitted for approval and Section B includes the balance sheet and income statement for your review.

The balance of the agenda will be discussed at the meeting. In the meantime, if you have any questions, please contact me.

£

Sincerely,

District Manager

Cc:		Brian Jones, District Counsel Rey Malave, District Engineer Tim Melloh, General Manager Darrin Mossing, GMS

AUDIT COMMITTEE MEETING

S ECTION Ill

MINUTES OF MEETING VIERA EAST
COMMUNITY DEVELOPMENT DISTRICT

The Audit Committee meeting of the Board of Supervisors of the Viera East Community Development District was held on Wednesday, September 26, 2018 at 2:00 p.m. at the Faith Lutheran Church in the Multi-Purpose Room, 5550 Faith Drive, Viera, Florida.

Present and constituting a quorum were:

Paul McCarthy David Bedwell Jo Walsh
Melinda Thomsen

Chairman
Vice Chairman Treasurer
Assistant Secretary

Also present were:

Jill Burns TimMelloh

GMS
General Manager

FIRST ORDER OF BUSINESS	Roll Call
Ms. Walsh called the meeting to order at 2:30 p.m. All Supervisors were present with the exception of Mr. Oakley.

SECOND ORDER OF BUSNESS	Public Comment Period
There not being any, the next item as followed.

THIRD ORDER OF BUSINESS	Audit Services
Approval of Request for Proposals and Selection Criteria
Ms. Burns: These are all according to Statute, and in line with what you would see. The due date is Friday, November 2nd to submit proposals. The main purpose of this meeting, is to approve the standard Instructions to Proposers, Evaluation Criteria and the form of the notice. We always suggest that you use price as selection criteria, but it is the Board's option not to use that. Generally, we send this out to three or four firms that we work with, and we will bring back three proposals. The first step is for the Board to approve the selection criteria. If you have any questions, I will answer them.
Ms. Walsh: Does anyone have any questions or comments about the selection criteria?

September 26, 2018	Viera East CDD

Ms. Thomsen: Yes. Is there a reason to keep the price at 20 points? It might actually  make us skew towards one company that we are not in favor of.
Ms. Bums: These can be arranged any way that the Committee would like, so if you wanted to decrease it down to 15 points and move 5 points into experience, we can do that or knock it down to 10 and move 5 to one item and 5 to another. You are welcome to do that as well. Generally, they come in within the same range and the same firms that perform CDD  audits, provide proposals.
Ms. Thomsen: So that's not an issue.
Ms. Bums: Not normally. No, you wouldn't see that. The advertisement is placed in the newspaper. You could get a firm that maybe might not have the experience or know what the scope of the work is, but you can take that into consideration and say, "Proposers experience," if you didn't feel that they had that. Even though their price was lower, you could adjust that with their experience. If you wanted to move any of these around, the Committee is welcome to do that.
Ms. Walsh: Would you like to make a motion to change the weight?
Ms. Thomsen: After hearing the explanation, I think we should leave it. Thank you. Ms. Walsh: Paul?
Mr. McCarthy: I'm all set. Ms. Walsh: David?
Mr. Bedwell: Is there more detail in the scope of work?
Ms. Bums: The scope of work are the instructions for selection  criteria, the budget  for the current year as well as the adopted upcoming year. The firms that generally respond to these, do large volumes of CDD work. Grau & Company is one such firm.
Mr. Bedwell: They don't come visit your place, do they?
Mr. Bums: With some CDD's, we send them the information, but a  lot of them do come to the office, because they work for multiple Districts and its easier for them. They will spend two days at the office and work on 15 different Districts.
Mr. Bedwell: Do they track revenue and expenses? Ms. Bums: Yes. They will check all of the invoices.
Mr. Bedwell: Do they verify the balance of the bank statements? Ms. Bums: Absolutely.
Mr. Bedwell: Do they write letters to the banks or just take your word for it?

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September 26, 2018	Viera East CDD

Ms. Bums: They take all of the statements, and work very closely with the District Accountant. They review Construction Requisitions, bank funds and invoices, to make sure that we have internal controls for the processes that we use.
Mr. Bedwell: Do they spot check a number of invoices?
Ms. Bums: Yes. They spend a good amount of time looking at them.
Mr. Bedwell:	I got the impression, not just here, but also in Grand Isle and a lot of churches, that they just take our financial report, re-format it into theirs and send it to the State.
Ms. Bums: No.
Mr. Bedwell: That's what it looks like to me.
Ms. Bums: They come to our office. The District Manager and District Accountant sit down with them.
Ms. Walsh: A lot of times, we will get the same company for three, four or five years. Once they get established with us, it probably becomes a lot more familiar to them on what they are looking for.
Ms. Bums: This would be for five years.
Mr. Bedwell: I'm just saying that I know what auditors can do.
Ms. Walsh: Are we good with leaving the Auditor Selection Evaluation Criteria as is? Ms. Thomsen: Yes.
Mr. Bedwell: Yes.
Ms. Bums: We just need a motion.

On MOTION by Ms. Thomsen, seconded by Mr. McCarthy, with all in favor, the Request for Proposals and Selection Criteria, was approved as presented.

Approval of Notice of Request for Proposals for Audit Services
Ms. Bums: This is the advertisement that we will place in the newspaper to put them on notice. Once this advertisement  runs, we will also to send it to two or three of the companies  that we work with, regularly, that perform District audits, just to make sure that we get a few proposals back for the Board to consider. The only other action before the Board is for the approval for staff to place this advertisement.
Ms. Thomsen: Are these also published in the newspaper as well? Ms. Bums: They are.

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September 26, 2018	Viera East CDD

On MOTION by Mr. McCarthy, seconded by Ms. Thomson, with all in favor, the Notice of Request for Proposals for Audit Services, was approved.

Public Announcement of Opportunity to Provide Auditing Services
Ms. Bums: That's all we have.
Ms. Walsh: If there's nothing further, we need a motion to adjourn.

FOURTH ORDER OF BUSINESS	Adjournment

On MOTION by Ms. Thomsen, seconded by Mr. Bedwell, with all in favor, the Audit Committee Meeting was adjourned.

Secretary/Assistant Secretary	ChairmanNice Chairman

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S ECTION IV

Viera East C.DD Auditor Selection	

. _		
	
Ability of Personnel 120 pts)	
Proposer's Experience (20 pts)	
Understanding of Scope of Work (20 pts)	
Ablllty to Furnish the Reauired Services (20 pts)	

Price (20 pts)	
Total Points Earned	
Ranking
11 beina hiahest)	
					...........15.PtS..........			
					2018- $9,500			
Grau & Associates					2019- $9,800			
					2020 - $10,100			
					2021 - $10,400			
					2022 - $10,700			
					........ 20. pts..........			
Berger, Toombs, Elam, Gaines
& Frank					2018 - $7,050
2019 - $7,050			
					2020 - $7,250			

BOARD OF SUPERVISORS MEETING

S ECTION Ill

S ECTION C

RESOLUTION 2019-01

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE VIERA EAST COMMUNITY DEVELOPMENT DISTRICT ELECTING THE OFFICERS OF THE DISTRICT AND PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, the Viera East Community Development District (the "District") is a local unit of special purpose government created and existing pursuant to Chapter 190, Florida Statutes; and

WHEREAS, the Board of Supervisors of the District ("Board") desires to elect the Officers of the District.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE VIERA EAST COMMUNITY DEVELOPMENT DISTRICT:

Section 1.

Section 2.

_   _   _   _   _   _

_   _   _   _   _ _

_   _   _

_   _  _

_	is elected Chairperson.

_	is elected Vice-Chairperson.

Section 3.

- - - - - - - - - -

is elected Secretary.

Section 4.

_   _   _ _
_   _   _  _
_   _   _  _
_   _   _  _

_   _   _   _ _
_   _   _   _  _
_   _   _   _  _
_   _   _   _  _

_	is elected Assistant Secretary.
_	is elected Assistant Secretary.
_	is elected Assistant Secretary.
_	is elected Assistant Secretary .

Section 5.

Section 6.

- - - - - - - - - -
- - - - - - - - - -

is elected Treasurer.

is elected Assistant Treasurer.

Section 7.	This Resolution shall become effective immediately upon its adoption.

PASSED AND ADOPTED this 28th day of November, 2018.

ATTEST:	VIERA EAST COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairperson/Vice-Chairperson

S ECTION IV

MINUTES OF MEETING VIERA EAST
COMMUNITY DEVELOPMENT DISTRICT

The regular meeting of the Board of Supervisors of the Viera East Community Development District was held on Wednesday, October 24, 2018 at 2:00 p.m. at the Faith Lutheran Church in the Multi-Purpose Room, 5550 Faith Drive, Viera, Florida.

Present and constituting a quorum were:

Paul McCarthy David Bedwell
William 'Bill' Oakley Jo Walsh
Melinda Thomsen Also present were:
Jason Showe TimMelloh

Chairman
Vice Chairman Secretary Treasurer Assistant Secretary

District Manager General Manager

FIRST ORDER OF BUSINESS	Roll Call
Mr. McCarthy called the meeting to order at 2:00 p.m. All Supervisors were present.

SECOND ORDER OF BUSINESS	Public Comment Period
Mr. McSeveney: Jim McSeveney, Herons Landing. What I came here to talk about are the paths that go between Herons Landing and Auburn Lakes and the half that goes between Herons Landing Drive and Thrasher Drive. Those paths are clearly marked, "No Golf Carts. " Recently, it's becoming more and more of an issue. One homeowner of Herons Landing Drive had to move his sprinklers because golf carts ran over his sprinkler heads and broke them. Two weeks ago, when I was walking between Herons Landing and Auburn Lakes, an electric golf cart came up behind me and the driver beeped his horn. It almost scared me to death. I was on the path, but he was not. He was driving around it. He was either going to drive straight or I had to get off of the cart path. It's clearly marked, "No Golf Carts." Is there a way to put something in to block them from coming down both of those paths? There are sites where you can core drill and soft cut the center of the concrete to put a post in on both sides so golf carts cannot go between them. We only have to do it on one side or the other. You can put a lock on the gate.

October 24, 2018	Viera East CDD

It would only have to be a pole that blocks the car, but doesn't involve the handle bars. That solves the problem once and for all. I'm asking you to consider doing that. I'm coming with a problem and a solution.
Mr. McCarthy: Thank you for your comments. The next step is for Tim to take a look at it. We will talk to each Board Member, individually and try to get a decision for you as soon as possible.
Mr. Bedwell: With your recommendation, bicycles can still ride through there?
Mr. McSeveney: Yes. The sign clearly says, "No Motorized Vehicles" and "No Golf Carts." Unless the gate is physically locked, they are not going to stop. One of these days, somebody is going to get hurt.
Mr. B_edwell: I know.
Mr. McSeveney: Then it's going to be an issue for the District.
Mr. McCarthy: He makes a very good point, which we appreciate. Let's have Tim evaluate it and then we will get back to each Board Member. Then we can discuss it at a workshop and go from there. You are free to go into his office at any time and set up an appointment to discuss this issue with him on your own.
Mr. Melloh: Give me some time, Jim because there are some issues associated with that, like talking to insurance companies. I'm not so sure that short poles would be the way to do it. People would walk and trip over them if they didn't see it.
Mr. Showe: There are also ADA requirements requmng passage, so if it requires someone in a wheelchair to use the path, we might have an ADA issue as well. We just have to evaluate it.
Mr. Melloh: We have to get legal involved with that and do it in such a manner because you see a lot of times where people put up things like that and then the golf cart has to go around it.
Mr. McSeveney:	I don't want to take much of your time, but there are a couple of locations where that can't happen, unless the golf carts go through water.
Mr. Melloh: Right.
Mr. McSeveney: There are two or three locations like that.
Mr. McCarthy: I think the best thing to do would be for you to set up a meeting with Jim at that location. That way he can explain what he's talking about.
Mr. Melloh: Absolutely. We will get the particulars on what can be done.

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October 24, 2018	Viera East CDD

Mr. McCarthy: Thank you very much. We appreciate it.

THIRD ORDER OF BUSINESS	Approval of Minutes of the September 26,
2018 Meeting
Mr. Showe: I received some minor corrections on Pages 4 and 5. If there are no other changes, we need a motion to approve the minutes as amended.

On MOTION by Ms. Walsh seconded by Ms. Thomsen with all in favor the Minutes of the September 26, 2018 Meeting were approved, as amended.

FOURTH ORDER OF BUSINESS	Consideration of LED Lighting Proposal
Mr. McCarthy:	Do any Board Members have any questions for the General Manager regarding the LED light proposal from Yellowblue™LED? Jo?
Ms. Walsh: No, I'm good. Mr. McCarthy: Bill?
Mr. Oakley: I would like to thank Tim for having the gentleman stop by to give us a presentation. He answered a lot of my questions and it was very well put together.
Ms. Thomsen: When are they going to start?
Mr. Melloh: Once they get approval from us, I think he said that there was an eight to ten week turnaround to order the lights and hire an electrician.
Mr. McCarthy: David?
Mr. Bedwell: No questions.
Mr. McCarthy:	Then we need a motion for Yellowblue™LED. The total amount is
$29,058.70, which can be financed for 36 months interest free.
Mr. Showe: Just for clarification purposes, I will draft an agreement laying out the payment. I will also include the warranty information. I didn't see it in the proposal and we definitely want that included.
Mr. McCarthy: Could we also add no interest?
Mr. Showe: Absolutely. It will be $807.20 per month for 36 months. Ms. Walsh: Can we have the sales tax removed?
Mr. Showe: Yes. Tim and I will come up with the percentage of savings between or the split between the golf course and the General Fund. We will charge each of those for those 36 months in accordance with that. Hopefully, the savings will offset the costs as anticipated.

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October 24, 2018	Viera East CDD

On MOTION by Ms. Walsh seconded by Mr. Oakley with all in favor the Yellowblue™LED Lighting Proposal in the amount of
$29,058.70 was approved.

FIFTH ORDER OF BUSINESS	Staff Reports
A.	General Manager's Report
Mr. Melloh: In the CDD, we have our normal day-to-day operations. The lake bank restoration for this year is 100% complete. Does anybody have any comments on that? I think this coinpany did an excellent job and we will definitely look to them next year.
Ms. Walsh: Did you ever see them water it?
Mr. Melloh: From the boat? Yes. They just put their trash pump out there.
Mr. McSeveney: I was playing with someone the other day and they commented on the nice job they did along Hole #10, as far as the bank restoration and the grass that they put in.
Mr. Melloh: That particular lake, and all of the lakes, we have a five-year plan which has been on the books for quite some time. It's not something that we just did. They did a great job and we are very happy with them. The previous company that we used a few years ago, the owner had health issues. Jason turned us on to these folks and they have been excellent. On October 18th, Ed and I went over to Grand Isle and made a presentation for the CDD and went over items that will be in our newsletter. We also hit hard about the drainage and their concerns with the preserve over there. They want to trim it all the way down and they can't do that. We showed them how the water flows to the St. Johns River. During Hurricanes Matthew and Irma their streets flooded, but according to the District Engineer, their streets are designed to hold water. We explained that to them and showed them the 100-year and 25-year rain events.  I think everybody was pleased. We asked some good questions and described the scrub jay habitat in great detail to them. They didn't even know about the preserve and it was right across the street from them. I think we earned some good points over there. David  was there, he invited us.
Mr. Bedwell:  We received a lot of good comments afterwards. Mr. McCarthy: How many people would you estimate were there? Mr. Melloh: I would say 40 or 50.
Mr. McCarthy: How long was your presentation?
Mr. Bedwell: About 45 minutes. Tim opened it up for questions after each slide. Mr. Melloh: There was a lot of interaction from the crowd.

4

October 24, 2018	Viera East CDD

Ms. Walsh: We love having communication.
Mr. Melloh: Speaking of communication, our newsletter is scheduled to be delivered within the next seven days. Look for it in your mailbox.
Ms. Walsh: Has it gone out?
Mr. Melloh: It hasn't gone out yet. It was scheduled to.
Ms. Walsh: I hope it doesn't get lost in the shuffle. I like the idea of informing them ahead of time, but I'm also afraid that it will get tossed with all the other ads.
Mr. Melloh: Ours is an eight-page fold over, so you would think they would see that, but you are right we run that risk. I think it's important to inform everybody.
Ms. Walsh: I understand.
Ms. Thomsen: The fact that we are doing it later, maybe some of the other mailers will slow down. I hope.
Mr. Melloh: Everything looks good on the golf course. We are preparing the golf course for overseeding in the next 10 days. We are overseeding everything we did last year.
Ms. Walsh: The collars?
Mr. Melloh: The greens and collars aren't overseeded, but the slopes all the way down to the cart paths are. We increased our overseeding of the tees. We are going to overseed all tee boxes, instead of just the Par 3 tee boxes. They will all look good for the wintertime. Seed doesn't cost a lot, so for another $800 or $900 we can overseed all of our tees and have them  look good through the wintertime.
Mr. Bedwell: What about the collapsed culvert? Mr. Melloh: Yes, we are investigating a sinkhole. Mr. Bedwell: It's huge.
Mr. Melloh: It is big. It's on #7 underneath the cart path. The initial report from Scott was that they think they have that under control, so they are going to be able to fix that. It shouldn't be a problem. We may end up having to pour two sections, including 16 feet of cart path. We have some room to get around it. At some point things are going to start failing on us. Most of the culvert is concrete and has corrugated metal pipe or CMP. It will rust out, but we don't think the hole where it's rusted out is big enough to where we can't fix it like we did the other one. It was almost 180 degrees across the lake from where the other one was.
Ms. Thomson: Is that what's going on right now with the big machine on #7? Mr. Melloh: Yes, that's exactly what it is.

5

October 24, 2018	Viera East CDD

Ms. Thomson: It's been there since this morning.
Mr. Melloh: Right, it was just discovered this morning and they are working on it right now. We talked before about VEMA wanting to put up a sign. They are not going to use sponsors, but they are going to do everything that we ask them to do. They want to put up a banner.
Mr. McCarthy: What are the dimensions?
Mr. Melloh: The one that we are looking at is 4x8, which is as big as a sheet of plywood. I told Gary, "I want to talk to Joyce Schwartz and Diane Schmelhammer to find out if the Ladies Association wants to do anything." We may reduce the size of the banner so we can fit others. We don't want it to be some linear 32-foot billboard looking thing.
Mr. McCarthy: We have to anticipate that in the future, because the women presidents don't want it now. There's going to be another election in two years and those members may want it, so you have to decide if you are going to have three of them there eventually.
Ms. Walsh: I thought we were talking about rotating sponsors for VEMA.
Mr. Melloh: Yes, we were just talking about rotating sponsors. The Board was not amenable having a VEMA sponsored sign because it doesn't look good, especially in that particular area or anywhere around the Clubhouse. I think it will look good.
Mr. McCarthy: If you go 4x8 you are potentially going to have 24 feet of signage, which is a lot of signage.
Mr. Oakley: Is it going to be a solid sign or a banner?
Mr. Melloh: Duran had two 4x4 posts set in the ground and a banner with grommets. Then there are eye hooks on the 4x4 posts. Then they take a bungie cord to stretch it between the two posts.
Mr. Oakley: Is this being proposed at no cost to the golf course? Mr. Melloh: Yes.
Mr. McCarthy: If anyone wants to take a look at it, I went over to Duran. It's facing the parking lot.
Ms. Thomson: That's the only one? Mr. McCarthy: Just one.
Mr. Oakley: Where are you proposing to put it?

6

October 24, 2018	Viera East CDD

Mr. Melloh: As you are coming from the 18th green back to the Clubhouse, on the left­ hand side just before you get to the cart path that goes out into the parking lot, underneath the oak tree.
Mr. Oakley: So, you can see it from the sidewalk and pulling in the parking lot?
Mr. Melloh: No, you wouldn't see it from the parking lot.
Mr. Oakley: But you would see it driving up the street to the parking lot?
Mr. Melloh: Yes, you might be able to catch part of it. People coming off of the 18th  hole, can see it on the left-hand side. They wanted to put it right in the front yard of the Clubhouse, and of course that's not what we want to do. There's really no good place to put it. That's just out of the way and it at least gives them some visibility.
Ms. Walsh:	What  about  the  parking lot itself?	We have a lot of acreage out there.
Duran's sign is in the parking lot, so perhaps the parking lot might be a good location.
Mr. Melloh: Again, they want more visibility than that would probably give them. I thought this would be a place that might be a happy medium, but we can still talk about it more. I don't want to mess up what we have there.
Ms. Thomson: Right now, you are going ahead with cleaning everything out there anyway, so we are going to have that visual set in our mind. I'm just concerned about dredging up that area, because I think what you are doing is really nice. One you get some plantings in there, it's going to be really pretty. I'm just being cautious.
Mr. Melloh: I will tell VEMA that there are still concerns by the Board and we'll continue to work through this.
Ms. Thomson: Maybe it doesn't have to be 4x8.
Mr. Oakley: That was what I was going to recommend. Take a 4x8 sheet of plywood  and put it up and let each one of the Board Members look at it. I agree with you that 4x8 is awfully thick. When you are driving, you will be looking at something the size of this table.
Mr. Bedwell: I have a couple of points. Over the years, I have been in the golf shop and when I meet a new person, they ask, "Do you have a men's golf league?" That's what they say at Duran, not "Association." Here it looks nice, because they put the post with two palm trees behind it and it's framed by the palm trees, instead of just sitting out.
Mr. McCarthy: I think David makes a good point. New people coming in don't know what VEMA is.
Mr. Bedwell: What is VEMA?

7

October 24, 2018	Viera East CDD

Mr. McCarthy: Viera East Men's Association.
Mr. Bedwell: I'm asked in the pro shop if there's a men's,golfleague.
Mr. McCarthy: Good point.
Mr. Melloh: Would you think that it might be a good idea to have Gary  and someone  else from VEMA coming to the workshop?
Mr. Bedwell: That would be fine.
Mr. Melloh: You can express the concerns and they can come up with solutions because that's really what a workshop is about. Let me schedule them for the workshop.
Mr. Bedwell: I need you to take me out there because I can't visualize it. Are you trying  to pick up when people drive their car in or when they drive their golf carts from the 18th hole?
Mr. Melloh: From the 18th hole of the golf course is where the most  visibility  would come from.
Mr. Bedwell: So, they are already playing. It's not people driving up.
Mr. Melloh: Right.
Mr. Oakley: I think we all need to have a better idea of what David said of exactly where the sign is going to go.
Mr. Melloh: We will take some pictures of it. I will talk a little more about it. We will work through these issues.
Mr. McCarthy: They might have an opportunity to go over to Duran and take a look at what they have over there.
Mr. Oakley: Is it right when you pull in?
Mr. McCarthy: When you pull into the parking lot, the sign is by the curve as you are commgm.
Mr. Oakley: Just past the sidewalk?
Mr. Bedwell: You see it as you come in with a cart.
Mr. Melloh: Maybe the parking lot might be it the place for it. They wanted it very close to the front door up in the yard and by the flagpole.
Ms. Walsh: Depending on how it's positioned, people are going to see it when they are parking their cars.
Mr. Bedwell: We should put something on our website that says we have a men's golf league. That's a question I get asked a lot.
Mr. Melloh: Absolutely.

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October 24, 2018	Viera East CDD

Mr. McCarthy: That's a good idea. Schedule the President to come in and we can talk to him and the Board can answer questions so we can get what he thinks is appropriate, so we can come to some type of a conclusion.
Ms. Thomson: Are you saying, Dave, that there is no mention of the leagues on our website?
Mr. Bedwell: I don't remember seeing it.
Mr. Melloh: VEMA has their own website. I thought we had a link on our website to VEMA's.
Mr. Oakley: I think we were supposed to.
Ms. Thomson: I don't believe the Women's League pushed for that over the years. I just think that all three leagues should be mentioned on the website. There's no reason not to. That's important.
Mr. Bedwell: A lot of people like to play in the league.  If they don't know anybody, it' s  a way for them to meet people.
Ms. Thomson: We need to provide information and have communication, as I keep saying, on that website. If Lane could do that with the help of the others to get it on there.
Mr. Melloh: Understood. As far as the Rounds and Revenue Report, through 23 days, we are averaging well over budget and a great deal over what we did in prior years. We  are definitely heading in the right direction this month. Everything is ahead of schedule. Everybody received their financial statement for the year. You will notice that we fmished up the year  almost $20,000 ahead of plan, which is a really good year, considering that we had a few bad months. I think we had an excellent year and if we can continue to get our numbers above the budget, we should have another successful year.
Ms. Walsh: We had a number of unexpected expenses.
Mr. Melloh: Yes. We are looking good. Does anyone have any comments?
Mr. Bedwell: Yes. Why is the revenue per round on Monday  and Tuesday  a  lot less? Just this past Monday and Tuesday, it dropped from $26 to $24. On Monday, the rate was $26 and on Tuesday, it was $21.
Mr. Melloh: The dollar per round is a mix. When you have a lot of people in the  afternoon playing golf for $14, it brings down your dollar per round of golf.
Mr. Bedwell: Is that rate more on Monday and Tuesday than other days?
Mr. Melloh: Yes.

9

October 24, 2018	Viera East CDD

Ms. Welsh: You changed the rates on the 16th• Right?
Mr. Melloh: Exactly. The rates changed slightly, but if you look at the  very  first  Tuesday as an example, Tuesday is just one of those days where a lot of people don't play in the morning, but more people play in the afternoon.
Ms. Thomsen: We have a couple of Tuesday groups that go out, but  now  that the weather is cooler, more people are willing to go later.
Mr. Melloh: Exactly. There are more people taking us up on our moonlight  special. When you get into February and March, we are averaging $38 and $39 per round of golf and for August and September, we are averaging $28.
Mr. Bedwell: I just wondered what was unusual about Monday and Tuesday.
Mr. Melloh: It's just a rounds mix. If you raised the rate across the  board  by $2,  it doesn't flow through to the bottom line. The only other item I had on the list, was you talked at the workshop about taking $25,000 from the Capital Reserve Fund for landscaping.  Jason, is  that something we need to vote on?
Mr. Showe: No. As you go through the year, if the Board is amenable, we can just take the projects one-by-one or you can put together a summary of what you want to do and the Board can approve it.
Mr. Melloh:	I will keep a running total and keep everybody abreast of what we are
doing.
Mr. Bedwell: Are we going to do this? Is that what you are saying?
Mr. Melloh:	Most  of what  we are taking  out of the Capital  Reserve  Fund  is  for  one
project, such as the bunkers for $35,000, but with the landscaping, we are improving little bits here and there.  As we go along, there could be 30 projects.  It's hard to take every single $400 or
$500 or $800 project out of the Capital Reserve Fund, versus just earmarking $25,000.
Mr. Showe: Just keep a running list.
Mr. Melloh: When I book those expenses, they come out of the Capital Reserve Fund instead of operating expenses.
Mr. Oakley: Are you are going to keep a general accounting of where that $25,000 is coming from?
Mr. Melloh: Yes.
Ms. Thomsen: Is that in addition to?
Mr. Melloh: It's in addition to our operating account that has $15,000 or $16,000 in it.

10

October 24, 2018	Viera East CDD

Ms. Thomsen: But it's not going to come out of that same line item?
Mr. Melloh: It's the same type, but we expect to spend more than that. If  we don't need  to vote on that, is everybody happy with that plan?
Ms. Thomsen: Yes.
Mr. Showe: Can you just add a section on here that says, "$25,000 for landscaping" and any projects you do? Just keep a running total.
Mr. Bedwell: You are talking about the Capital Reserve Fund, not operating.
Mr. Melloh: Right. That's our project this year. We've done things in the past like irrigation heads and a lot of different projects. Now I think the biggest bang for our buck this year, is to increase the landscaping on the golf course. You have a lot of different areas around Par 3. The 18th green is a big one.
Ms.  Walsh:	When you say, "Landscaping," you are talking primarily about plant material or mulch. Correct?
Mr. Melloh: It could be structures. It could be boulders. It could be palm trees. It could be other flowering bushes and things like that. Anything that would be considered landscaping as far as the beautification.
Ms. Walsh: I don't want irrigation thrown in there.
Mr. Melloh: No. If we landscape an area that needs to have irrigation, that would be on our irrigation budget on the operating side.
Ms. Walsh:  So, we are talking about beautification.  Mr. Melloh: Right, the beautification of the golf course.
Mr. Bedwell: I want to talk about that because capital reserves are low. Mr. Melloh: We will talk about it.
Mr. Bedwell: I don't want to talk about it now. Mr. Melloh: That's my report.
Mr. McCarthy: Thank you, Tim.

SIXTH  ORDER OF BUSINESS	Treasurer's  Report  -	Consideration of
Financial Statements
Approval of Check Register

On MOTION by Ms. Walsh seconded by Mr. Oakley with all in favor Checks #3441 through #3458 from the General Fund totaling
$76,344.43 were approved.

11

October 24, 2018	Viera East CDD

On MOTION by Ms. Walsh seconded by Mr. Oakley with all in favor Checks #60 and #61 from the Capital Reserve Fund totaling
$38,142.30 was approved.

On MOTION by Ms. Walsh seconded by Ms. Thomsen with all in favor Checks #26049 through #26146 from the Golf Course Fund in the amount of $92,604.60 were approved.

Balance Sheet and Income Statement
No action was required by the Board.

SEVENTH ORDER OF BUSINESS
M_r. McCarthy: David? Mr. Bedwell: Nothing. Mr. McCarthy: Melinda? Ms. Thomsen: Nothing. Mr. McCarthy: Bill?

Supervisor's Requests

Mr. Oakley: Sure. Are we changing the time? Mr. Showe: Nobody knows.
Mr. Oakley: So, we still don't know.
Mr. Melloh: The Florida Legislature approved maintaining Daylight Savings Time, but it has to be approved by the Federal Government.
Mr. Oakley: So, we're just in limbo?
Mr. Melloh: We're in limbo; however, we are within two weeks of that happening. Mr. Bedwell: They are all in recess.
Mr. Oakley: Are we adjusting tee times for later morning hours?
Mr. Melloh: We are doing business as usual right now in anticipation of Daylight Savings Time staying the same. I can't believe that they are going to pull the trigger, but if they say, "We are going to continue Daylight Savings Time," then we will just be starting golflater in the day because there will be light later in the day. Then we will adjust accordingly. We have everything set up to do that.
Mr. Showe: We changed the definition so it's not based on a time.

12

October 24, 2018	Viera East CDD

Mr. Oakley: The next items are the November and December meetings. Are they going  to be changed to the first and third week?
Mr. Showe: Yes.
Mr. Bedwell: Do we have to vote on that?
Mr. Showe: No. For November, you have meetings on the 14th and the 28th• Ms. Thomsen: It's supposed to be the first and third of November.
Mr. Showe: That's because in the past you conflicted with Thanksgiving, but this year Thanksgiving is the 3rd week of November.
Mr. Melloh: So, we don't need to vote on November. Mr. Showe: In December it does flip.
Ms. Thomsen: Are the December meetings on the 14th and 28th?
Mr. McCarthy: Yes.
Mr. Showe: I will double check all of those dates. Mr. McCarthy: Are you all set, Bill?
Mr. Oakley: I would like to just re-approach something again that we talked about before. I might be beating a dead horse, but the sidewalk along the power box, when you go to Hole #15 on the north side of the street, are not ours. You said that they were the homeowner' s responsibility. In talking to Vinnie and Walt, they said that they are not our responsibility. They are the responsibility of the City of Rockledge. Could we investigate to see who is responsible for those broken up sidewalks?
Mr. Melloh: According to the Property Appraiser's website, the sidewalks are on John Gates' property, so I don't know.
Ms. Thomsen: Then it would be between them and the power company. Mr. Melloh: Yes.
Mr. Oakley: Could we re-approach John Gates and maybe inform Vinnie and Walt that it is really their property? I know that we don't have any control over people who live around the golf course, but maybe some of those people could request that those sidewalks be repaired. I know that the power company is breaking the sidewalks because they drive the trucks on them. I would like to see some resolution. They have been that way for years.
Mr. Bedwell: I think the only way to address the issue, is for Tim to go to their Board Meeting and bring up the issue to see if they will do something.
Mr. Oakley: They just had a Board Meeting.

13

October 24, 2018	Viera East CDD

Mr. Melloh: I was there with Ed, Scott and Wes and we talked with John about that area. They said the same thing, "Why throw money into that when they are just going to drive over it and break it again." We will talk to them again and see what the story is.
Mr. Oakley: They need to be reinforced with rebar.
Mr. Melloh: It's going to have to be back flowed. There is a lot more work than just pouring concrete because the ground around it has caved in as well.
Mr. Oakley: We are doing a nice job and are presenting a nice image, but when people drive out there they see the broken sidewalks.
Mr. McCarthy:  Somebody could trip.
Ms. Walsh: I think it would probably be a better angle to tell them that somebody is going to get hurt.
Mr. Oakley: If you could just re-address that Tim, I would appreciate it. Mr. McCarthy: That's a good idea.
Mr. Oakley: Thank you.
Mr. McCarthy: Jo, do you have anything? Ms. Walsh: No. Thank you.
Mr. McCarthy: I have just one item, Tim. With this change in time, how will it impact revenue? Is it positive, negative, or is it going to stay the same?
Mr. Melloh: I don't know if anybody really has the answer to that. I read some articles about it, but we are going to try to maintain what we charge as the rack rate. Right now, the rack rate is until 11:00 a.m., so if the time does not change, we are going to move that to 12:00 p.m. That is why we made the preparation for this. For instance, instead of our Men's League going off at 8:00 a.m., they would have to leave at 9:00 a.m. because we still need to maintain that 45 minutes to hour gap ahead of them. They pay, but the ones who pay the higher rate, the public play, would go out ahead of them.
Mr. McCarthy: There would be a big loss of revenue in December, January and March, but we won't know until we get into it. I don't think it's going to do us any good.
Mr. Melloh: Where we do pick up is later in the day. As we talked about before, that's the lowest dollar per round of golf.
Ms. Thomsen: Right now, the peak time is where we have the most people and the highest rate. If we counted that into the mix we should be okay.

14

October 24, 2018	Viera East CDD

Mr. Melloh: We will see how it all works out. Typically, in February you don't have anybody teeing off at 5:00 p.m. like we do now. If Daylight Savings Time stays the same, then we will probably pick up some revenue. The people that traditionally want to pay us $59 to play golf in February and want a 7:30 a.m. tee time, will take the 8:30 a.m. tee time.
Mr. Oakley: Have you mentioned to the Women's League that they might have to take a later tee time?
Mr. Melloh: We made that clear to them. Mr. McCarthy: Okay. Thank you.

EIGHTH ORDER OF BUSINESS	Adjournment

On MOTION by Ms. Thomsen seconded by Ms. Walsh with all in favor the meeting was adjourned.

Secretary/Assistant Secretary	Chairman/Vice Chairman

15

S ECTION V

Prepared by and return to:

L_J 	_

ELEVENTH MODIFICATION AND AMENDMENT TO
DUDA/DISTRICT CANAL SYSTEM DRAINAGE EASEMENT

THIS ELEVENTH MODIFICATION AND AMENDMENT TO DUDA/DISTRICT CANAL
SYSTEM	DRAINAGE	EASEMENT	(this	"Amendment")	is	dated	as	of
-   -   -   -   -   -   -   -   -   -   -   -   -    ,-   -    -    - ·  2018 (the "Effective Date")  by  and among A. DUDA & SONS, INC., a Florida corporation ("Duda"), VIERA EAST COMMUNITY DEVELOPMENT
DISTRICT, a special purpose unit of local government of the State of Florida established pursuant to Chapter 190, Florida Statutes (the "CDD"), VIERA STEWARDSHIP DISTRICT, a special purpose unit of local government established pursuant to Chapter 2006-360, Laws of Florida and Chapter 189, Florida Statutes (the "VSD"), and CENTRAL VIERA COMMUNITY ASSOCIATION, INC., a Florida not-for­ profit corporation ("CVCA"). Duda, the CDD, the VSD, and CVCA may be individually referred  to in this Amendment as a "Party" and collectively, the "Parties."

RECITALS:

WHEREAS, Duda and the CDD entered into that certain Duda/District Canal System Drainage Easement dated June 23, 1992 and recorded on December 1, 1992 in Official Records Book 3249, Page 603, of the Public Records of Brevard County, Florida, as amended from time to time, with the most recent recorded amendment being that certain Tenth Modification to Canal System under Duda/District Canal System Drainage Easement dated June 28, 2016 and recorded on June 29, 2016 in Official Records Bok 7651, Page 278, of the Public Records of Brevard County, Florida (collectively, the "Agreement");

WHEREAS, in the Agreement Duda granted the CDD a non-exclusive perpetual easement over and across a system of canals located west oflnterstate 95 owned in fee simple by Duda and referred to in the Agreement as the "Canal System" (the "Canal System") for the purpose of conveying stormwater drainage from the lands within the jurisdiction of the CDD through the Canal System (the "Drainage Easement");

WHEREAS, under the Agreement Duda is responsible for operating and maintaining the Canal System in accordance with all applicable regulatory requirements and applicable laws in a way that ensures the Canal System will continue to accommodate the "Maximum Flows" (as defined in the Agreement);

WHEREAS, at the time of the original execution of the Agreement and the granting of the Drainage Easement, the Canal System was located on lands located west of Interstate 95 then owned  in fee simple by Duda (the "Initial Duda Property") and the Canal System also provided drainage for the Initial Duda Property;

WHEREAS, since the original execution of the Agreement, a portion of the Initial Duda Property was conveyed by Duda to St. Johns River Water Management District as described below, and the

ORLDOCS 16516144  2	I

remainder of the Initial Duda Property was incorporated into the boundary of the Viera Development of Regional Impact located in Brevard County, Florida (the "DRI");

WHEREAS, the portion of the Initial Duda Property that was conveyed to St. Johns River Water Management District has not been incorporated into the boundary of the DRI as of the Effective Date and shall be hereafter referred to in this Amendment as the "Non-DRI Property;"

WHEREAS, the Non-DRI Property was conveyed by Duda to St. Johns River Water  Management District pursuant to that certain Warranty Deed recorded on July 30, 1999 in Official Records Book 4046, Page 82, of the Public Records of Brevard County, Florida, but subject to terms and conditions of the Agreement (including the Drainage Easement rights) and that certain Drainage Easement Agreement from St. John's River Water Management District in favor of Duda dated July 28, 1999 and recorded on September 1, 1999 in Official Records Book 4060, Page 1884, of the Public Records of Brevard County, Florida (the "SJRWMD Easement Agreement");

WHEREAS, in connection with the development of the DRI west of Interstate 95 after  the original execution of the Agreement,

CVCA was established as the property owners association under that certain Declaration of Covenants, Conditions, Easements, Reservations and Restrictions for Central  Viera Community recorded on July 25, 1994 in Official Records Book 3409, Page 624, of the Public Records of Brevard County, Florida (as amt;:nded from time to time, the "Community Declaration") and is responsible for administering that certain portion of the DRI located west of Interstate 95 and more particularly described in the Community Declaration, and

the VSD was established by the Florida Legislature pursuant to Chapter 2006-360, Laws of Florida and Chapter 189, Florida Statutes (as amended from time to  time,  the  "VSD Charter"), and is validly existing under the Florida Constitution and the laws of the State of Florida;

WHEREAS, the DRI land that is subject to the VSD Charter is more particularly described in the VSD Charter and that certain Amended Notice of Creation and Establishment of the Viera Stewardship District recorded in Official Records Book 6081, Page 1354, of the Public Records of Brevard County, Florida, and portions of the land subject to the VSD Charter are also subject to the Community Declaration;

WHEREAS, among the powers of CVCA are powers to own, operate and manage community stormwater drainage facilities comprising the "CVCA Master Drainage System" (as defined below) for that portion of the DRI subject to the Community Declaration;

WHEREAS, the VSD was established for, inter alia, community stormwater, drainage, and infrastructure management purposes for the portions of the DRI that are subject to the VSD Charter, including without limitation, the "VSD Village Drainage System" (as defined below);

WHEREAS, a portion of the Initial Duda Property within the DRI (and thus a portion  of the Canal System within the ORI) is now within the jurisdiction of either CVCA and/or the VSD (and, in some cases, no longer owned by Duda), or is outside of the jurisdiction of CVCA or the VSD and owned by Brevard County, Florida, the Florida Department of Transportation, or another governmental  entity, but owned subject to the terms and conditions (including the Drainage Easement rights) of the  Agreement;

WHEREAS, as a consequence of the aforementioned westerly development of the DRI since the execution of the Agreement, the Canal System has been affected as follows:
ORLDOCS 16516144 2	2

a portion of the Canal System within the DRI has been annexed into the lands subject to the Community Declaration and incorporated into either (i) the "Master Drainage System," as such tenn is defined in the Community Declaration, which is operated and maintained by CVCA pursuant to the Community Declaration (the "CVCA Master Drainage System"), or (ii) the "VSD Drainage System", as such term is defined in the Community Declaration, which is operated and maintained by the VSD pursuant to the VSD Charter, as also provided for in the applicable provisions of the Community Declaration (the "VSD Village Drainage System"), and the remainder of the  Canal System within the DRI remains owned by Duda (the "Remainder DRI Canal System");

the remainder of the Canal System consists of (i) the Remainder DRI Canal System owned by Duda and (ii) the portion of the Canal System within the Non-DRI Property owned by St. John's River Water Management District subject to the Drainage Easement granted under the Agreement and the drainage easement rights of Duda granted under the SJRWMD Easement Agreement (collectively, the "Remainder Canal System"); and

the Remainder Canal System (not simply the Remainder DRI Canal System) is presently maintained by Duda in accordance with the Agreement and the SJRWMD Easement Agreement;

WHEREAS, under the terms and conditions of the Agreement, Duda has the right, but not the obligation, to (a) modify the Canal System from time to time to construct additional canals and  other water control structures that flow into or receive flow from the Canal System, and (b) to change the location of the canals and other structures located therein that are a part of the Canal System (as to be evidenced by a recorded amendment to the Agreement), and, as a consequence of such modifications to the Canal System, the location of the Drainage Easement over the Canal System would be modified to be across the modified Canal System under the Agreement;

WHEREAS, since the original execution of the Agreement, Duda has exercised the above­ referenced right to modify the Canal System (and thus modified the location of the Drainage Easement) from time to time, as set forth in the various recorded amendments to the Agreement;

WHEREAS, Duda desires to further amend the Agreement to memorialize the current depiction and legal description of the Canal System, which is set forth in Exhibit "A" attached hereto and incorporated herein by this reference (which includes a clear delineation of the portion of the Canal System that is a part of (a) the CVCA Master Drainage System, (b) the VSD Village Drainage System, or
the Remainder Canal System as of the Effective Date, and the current location of the Drainage Easement over the Canal System), for purposes of clarifying the location of the Canal System and the Drainage Easement; and

WHEREAS, Duda also desires to further amend the Agreement (a) to join the VSD and CVCA as parties to the Agreement, (b) to grant the VSD and CVCA each a drainage easement over the Canal System (which shall be in addition to the existing Drainage Easement in favor of the CDD under the Agreement and the existing easement and other rights of CVCA and the VSD over portions of the Canal System under the Community Declaration and, as to the VSD, the VSD Charter), and (c) designate operation and maintenance responsibilities for the Canal System.

NOW, THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby amend and restate the Agreement as follows:

RECITALS: The above recitals are true and correct, and are incorporated into this Amendment by this reference.

ORLDOCS 16516144  2	3

AMENDMENTS: The following amendments are hereby made to the Agreement as of the Effective Date:

THE PARTIES: CVCA and the VSD are hereby added as parties to the Agreement, and by their respective execution of this Amendment, CVCA and the VSD agree to be bound by the terms and conditions of the Agreement, as amended by this Amendment. For purposes of this Amendment and the Agreement, reference to the term "Parties,"  "parties," or a "party" shall include CVCA and the VSD, including without limitation, reference to the word "parties" or a "party" in Section 9 (Enforcement), Section 16 (Recovery of Cost and Fees), Section 17 (Entire Agreement), Section 18 (Amendments), and Section 21 (Third Party Beneficiaries) of the original version of the Agreement. Further, any reference to the term "both parties" in the Agreement shall mean the Parties.

THE CANAL SYSTEM:

The Canal System is hereby amended to be those certain canals more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said Exhibit "A" depicts the portions of the Canal System that are a part of (1) the CVCA Master Drainage System, (2) the VSD Village Drainage System, or (3) the Remainder Canal System as of the Effective Date.

Duda shall retain the right, but not the obligation, to, in its sole and absolute discretion, unilaterally modify any portion of the Remainder Canal System from time to time prior to that portion of the Remainder Canal System being annexed into the lands subject to the terms and conditions of the Community Declaration as a part of the VSD Village Drainage System (and thus, no longer a part of the Remainder Canal System for purposes of the Agreement upon the occurrence of such annexation), including, without limitation, removing land from the Remainder Canal System, adding land to the Remainder Canal System, constructing additional canals and other water control structures that  regulate flow into or out of the Remainder Canal System, and to change the location of  the Drainage Easement and the canals and other structures located therein that are then a part of the Remainder Canal System; provided, however, that no such modifications may be contrary to applicable law or adversely affect the ability of the Reminder Canal System to accommodate the Maximum Flows. Duda shall also have the right to annex (or cause to be annexed) a portion of the Remainder Canal System into the lands subject to the terms and conditions of  the Community Declaration as a part of the VSD Village Drainage System (and thus, no longer a part of the Remainder Canal System for purposes of the Agreement upon the occurrence of such annexation) in connection with the development of the DRI. The foregoing modification and annexation rights relating to the Remainder Canal System shall also belong to (1) any designee of Duda who is delegated, and assumes, the obligations of Duda under the Agreement for operation and maintenance of the Remainder Canal System (including, without limitation, the designee for operation and maintenance of the Remainder Canal System under the "Canal Maintenance Agreement" (as defined in Section 2c below) from time to time), but with the prior, written consent  of Duda to any such modifications, and (2) any successor owner to Duda to any portion of the Remainder Canal System who is the master developer of the DRI  and "Declarant" under the Community Declaration and is specifically assigned such modification right to the Remainder Canal System by Duda in a written instrument recorded in the Public Records of Brevard County, Florida, with such modification right of any such successor owner to belong only to, or relate to,
ORLOOCS 16516144 2	4

only that portion of the Remainder Canal System owned by such successor owner, and to be exercised without any consent of any other party.

To the extent of any modification to the Canal System pursuant  to  this Subsection 2(a) (including annexation into the VSD Village Drainage System), the Drainage Easement shall extend to such relocation of the Canal System  so that the Drainage Easement is over the Canal System as the Canal System may be modified from time to time.

Any such modification to the Remainder Canal System pursuant to this  subsection shall be memorialized by a written amendment to the Agreement executed by the party exercising such amendment right and recorded in  the Public Records of Brevard County, Florida, with no other third party consent being required in order to effectuate such amendment unless provided in this subsection.

(iv) The Parties acknowledge that to the extent the foregoing modification right is exercised and/or a portion of the Remainder Canal System is annexed in as part  of the lands subject to the Community Declaration and becomes a part of the  VSD Village Drainage System, such annexed portion of the Remainder Canal System shall no longer be a part of the Remainder Canal System for purposes of the Agreement and such amendment shall clearly identify and depict  by sketch the remaining Remainder Canal System following such annexation.

GRANT OF DRAINAGE EASEMENT RIGHTS THROUGH THE CANAL SYSTEM:

In the Agreement, Duda granted the COD the Drainage Easement in, over, and across the Canal System for the purpose of conveying stormwater drainage from the lands within the jurisdiction of the CDD through the Canal System. Duda hereby confirms that the location of the Drainage Easement in favor of the COD is over the Canal System as modified by this Amendment and as may be duly modified in the future in accordance with the terms and conditions of the Agreement.

Duda now hereby grants, with the consent of the other Parties, (1) CVCA a non­ exclusive, perpetual easement in, over, and across the Canal System (as the Canal System may be duly modified in the future in accordance with the terms and conditions of the Agreement) for the purpose of conveying stormwater drainage from the lands within the jurisdiction of the CVCA under the Community Declaration that are not subject to the VSD Charter, including, without limitation, the CVCA Master Drainage System through the Canal System and (2) the VSD a non-exclusive, perpetual easement in, over, and across the Canal System, as the Canal System may be duly modified in the future in accordance with the terms and conditions of the Agreement, for the purpose of conveying stormwater drainage from the lands within the jurisdiction of the VSD under the VSD Charter, including, without limitation, the VSD Village Drainage System  (as from time to time modified), through the Canal System.

For purposes of the Agreement, the term "Drainage Easement" shall now collectively refer to the drainage easement rights granted to the CDD in the Agreement (as confirmed in this Amendment) and the drainage easement rights granted to CVCA and the VSD in this subsection over the Canal System, as the Canal System may be duly modified in the future in accordance with the terms and conditions of the Agreement.
ORLDOCS 16516144  2	5

The Drainage Easement granted to CVCA and the VSD are in addition  to, and not in limitation of, the easement and other rights of CVCA and the VSD over portions of the Canal System to the extent established under the Community Declaration, and the rights of the VSD under the VSD Charter.

The use of the Drainage Easement by the CDD, CVCA, and the VSD are subject to their respective compliance with the Agreement (as amended by this Amendment) and all applicable governmental laws, rules, regulations, regulatory permits, and permitting requirements and conditions. The granting of the Drainage Easement shall not preclude Duda, CVCA, or the VSD from using the portion of the Canal System respectively owned by it for its own purposes to the extent permitted by applicable law and not contrary to, or in unreasonable interference with, the Drainage Easement rights granted under the Agreement.

Duda, CVCA, and the VSD hereby reserve any and all riparian or littoral rights and title to the beds and bottoms of the portions of the Canal System respectively owned by such Parties from time to time.

TERMINATION OF DRAINAGE EASEMENT UPON PUBLIC ROAD RIGHT-OF­ WAY DEDICATION AND RECORDING OF ROAD PLAT: Upon (i) the dedication of any portion of the Canal System from time to time as a public road right-of-way to Brevard County, Florida for public use under a plat and (ii) the recording of such plat ("Plat") in the Public Records of Brevard County, Florida, such dedicated portion of the Canal System shall not be a part of the Canal System for purposes of the Agreement (but shall be a part of the applicable dedicated public right-of-way) and the  Drainage Easement and rights granted hereunder and in the Agreement over such dedicated portion of the Canal System shall automatically cease and terminate and be in all respects null, void and of no further force or effect, without the necessity of recording any instrument memorializing such termination in the Public Records of Brevard County, Florida, provided the Plat provides for the use of the dedicated portion of the Canal System by the CDD, CVCA, and VSD consistent with the rights and uses under the Drainage Easement and Agreement. Notwithstanding the foregoing provisions providing for automatic termination and extinguishment, Duda and the party hereunder responsible for maintaining such dedicated portion of the Canal System shall execute such instrument or instruments in recordable form as may be requested by Duda or Brevard County to evidence of record (a) the termination and extinguishment of the Drainage Easement rights granted herein over, across and upon the dedicated portion of the Canal System and
(b) the amended Canal System following such public road right-of-way dedication. The
termination and extinguishment of the any such Drainage Easements granted hereunder, and the applicable amendment to the Canal System, shall not terminate or  otherwise affect the other rights and obligations of the parties hereunder relating to the remainder of the Canal System, which, by the express terms of this Amendment, survive such termination.

OPERATION AND MAINTENANCE OF THE CANAL SYSTEM: From and after the Effective Date, the responsibility for the operation and maintenance of the Canal System shall be allocated to CVCA and the VSD as more particularly set forth in that certain Canal Maintenance Agreement executed by the Parties and recorded in the  Public Records of Brevard County, Florida immediately after the recording of this Amendment (the "Canal Maintenance Agreement").

AMENDMENT: Except for the amendment rights reserved pursuant  to Section  2b of this Amendment, the Agreement shall not be otherwise amended except by a written instrument signed by each of the Parties and recorded in the Public Records of Brevard County, Florida.
ORLDOCS 16516144 2	6

NOTICES: Any notices or other communications that may be required or desired to be given under the terms of this Amendment (a "Notice") shall be in writing and shall be deemed to have been duly given if personally delivered, delivered by over-night courier, mailed by United States certified mail, return receipt requested, postage prepaid, or delivered by email and addressed to the respective party at the addresses set forth below:

To Duda:

With a copy to:

A. Duda & Sons, Inc. Attn: Mr. Pete Coultas,
Sr. Director Engineering & Environmental Compliance 1200 Duda Trail
Oviedo, FL 32765
Email: pete.c oultas@duda.co m

A. Duda & Sons, Inc. Attn: Legal Department 1200 Duda Trail Oviedo, FL 32765
Email: corporatele gal t duda.corn and ben jam in.wilso n(a),dud a.com

ToCDD:

ToVSD:

With a copy to:

ToCVCA:

Viera East Community Development District c/o George S. Flint, District Manager Governmental Management Services
Central Florida, LLC 135 W. Central Blvd. Suite 320
Orlando, FL 32801
Email: gflint@gmsctl.com

Viera Stewardship District
c/o Moyer Management Group
Attn. Mr. Gary L. Moyer, District Manager 313 Campus Street
Celebration, FL 34747
Email: gary.moyer@thevillages.com

Hopping Green & Sams. P.A. Attn: Jennifer Kilinski, Esq. 119 South Monroe St.
Suite 300
Tallahassee, FL 32301 Email: jenk@hgslaw.com

Central Viera Community Association, Inc. c/o Fairway Management of Brevard, Inc. 1331 Bedford Drive, Suite 103
Melbourne, FL 32940
Email: tomdillont'@fa irwa vmgmt.com

If delivered by hand, a Notice shall be deemed to have been sent, given and received when actually received by the addressee. If sent by United States certified mail, a Notice shall be deemed to have been sent and given when properly deposited with the United States Postal Service with the proper address and postage paid therewith, and shall be deemed to have been received on the third (3rd) business  day ORLDOCS 16516144 2	7

following the date of such deposit, whether or not actually received by addressee. If sent  by courier service, a Notice shall be deemed to have been sent and given when delivered to said courier service with the proper address and delivery charges either prepaid or charged to a proper account, and  shall  be deemed to have been received when actually received by the addressee.  If  sent by email, a Notice  shall be deemed to have been sent and received on the date delivered by email, as evidenced by written receipt therefor or email confirmation of delivery whether or not actually received or opened by the person to whom addressed; provided that such email is accompanied by the sending of such written notice also by any of the other forms of Notice delivery provided for hereunder. Any party may change the address to which notices are to be sent to that party by written notice to the other party specifying such change of address. A Notice sent by the legal counsel for a party shall be deemed to be valid Notice form the party represented by such legal counsel.

AUTHORITY TO EXECUTE AGREEMENT: Each Party hereby represents  and warrants to the other Party that it has full power and authority to execute this Amendment and has  received all applicable corporate, organizational, or governmental approval necessary for such Party to execute this Amendment.

MISCELLANEOUS:

Public Records: The Parties understand and agree that the Agreement, this Amendment, and all documents of any kind provided to the COD, the VSD, or any member of their respective staffs in connection with this Amendment or the Agreement are public records and are to be treated as such in accordance with Florida law.

Third Parties: The Agreement and this Amendment is solely for the  benefit  for the benefit of the Parties, and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of, any other third party (including, without limitation, no  such rights to the members of the general public). Nothing in the Agreement or this Amendment, express or implied, is intended or shall be construed to confer upon any person or corporation other than the Parties any right, remedy, or claim under, or  by reason of, the Agreement, this Amendment, or any provisions or conditions thereof, and all of the provisions, representations, covenants, and conditions contained in the Agreement and this Amendment shall inure to the sole benefit of, and shall be binding upon the Parties and their respective successors and assigns. VSD shall be solely responsible for enforcing its rights under this Amendment against any interfering third party. Nothing in this Amendment shall limit or impair the VSD's right to protect its  rights hereunder from interference by a third party.

Limitation on Governmental Liability: Nothing in this Amendment shall be deemed as a waiver of immunity or limits of liability of the COD or the VSD beyond any statutory limited waiver of immunity or limits of liability that may have been adopted by the Florida Legislature in Section 768.28, Florida Statutes, or other law, and nothing in this Amendment shall inure to the benefit of any third party for the purpose of allowing any claim that would otherwise be barred by sovereign immunity  or by other operation  of law.

Venue: The venue for any legal proceeding relating to this Amendment shall be Brevard County, Florida.

Waiver of Jury Trial: To the fullest extent permitted by applicable law, the Parties waive the right to a jury trial in connection with any dispute relating to the Agreement due to the complexity of the subject matter covered by the Agreement.

ORLDOCS 16516144  2	8

FULL FORCE AND EFFECT: Except as modified by this Amendment, the Agreement remains unmodified and in full force and effect.

COUNTERPARTS: This Amendment may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the Parties have executed this Amendment as of the Effective Date.

WITNESSES:

Print Name:- - - - - - - - -

DUDA:

A. DUDA & SONS, INC., a Florida corporation

By:_ _ _ _ _

_ _ _ _ _

_ _ _ _

Print Name:- - - - - - - - -

Print Name:- - - - - - - - -

Print Name:- - - - - - - - - - - - -
Title:- - - - - - - - - - - - - - -
CDD:

VIERA EAST COMMUNITY DEVELOPMENT DISTRICT,
a special purpose unit of local government of the State of Florida created under Chapter 190, Florida Statutes

Print Name:- - - - - - - - -

By:_ _ _

_ _ _ _ _

_ _ _ _ _ _

WITNESSES:

Print Name:- - - - - - - - -

Print Name:- - - - - - - - - - - - -
Title:- - - - - - - - - - - - - - -
VSD:

VIERA STEWARDSIBP DISTRICT,
a special purpose unit of local government established pursuant to Chapter 2006-360, Laws of Florida and Chapter 189, Florida Statutes

By:._   _	_	_	_

_	_	_	_	_

_	_	_	_

Print Name:- - - - - - - - -

Print Name:- - - - - - - - -

Print Name:- - - - - - - - - - - - -
Title:- - - - - - - - - - - - - - -
CVCA:

CENTRAL VIERA COMMUNITY ASSOCIATION, INC.,
a Florida not-for-profit corporation

By:_ _ _ _ _

_ _ _ _ _

_ _ _ _

Print Name:- - - - - - - - -

Print Name:- - - - - - - - - - - - -
Title:- - - - - - - - - - - - - - -

(NOTARY ACKNOWLEDGMENTS ARE ON THE FOLLOWING PAGES.)
ORLDOCS 16516144 2	9

NOTARY ACKNOWLEDGMENTS

STATE OF FLORIDA	) COUNTY OF BREVARD	)
The   foregoing   instrument   was   acknowledged    before   me   on  the    	

day of

_   _   _   _   _   _   _   _   _   ,  2018  by -   -   -   -   -   -   -   -   -   -   -   :--,---,------	-	-	-	-	-	-	-  '   as

- - - - - - - - - - - -

-of A. DUDA & SONS, INC., a Florida corporation, on behalf of the

corporation.	He/She _	is  personally  known  to me or   	 License as proof of identification.

produced a State of Florida Driver's

Print Name:_ _ _

_ _ _ _ _ _

_ _ _ _

Notary Public:_ _ _ _

_ _ _

_ _ _ _ _

Commission No.:-   -   -   -   -   -   -   -   -   -  -
My Commission  Expires:_   _   _   _   _   _   _ _

STATE OF FLORIDA	) COUNTY OF BREVARD	)

The foregoing  instrument was acknowledged  before me on the  	

day of _ _ _ _ _ _

_ , 2018

by-     -   -   -   -   -   -   -   -   -   -   -   -   -   -   -	as _ _

_ _ _ _

_ _ _

_ _ _ _

_ _ _

of VIERA EAST COMMUNITY DEVELOPMENT DISTRICT, a special purpose unit of local government of the State of Florida created under Chapter 190, Florida Statutes, on behalf of the district.

He/She_ is personally known to me or _ identi fication.

_	produced a State of Florida Driver's License as proof of

	Print Name:_ _ _ _ _ _	_	_	_	_	_	_	_	
	Notary Public:_ _ _ _ _	_	_	_	_	_	_	_	
	Commission No.:_ _ _ _	_	_	_	_	_	_	_	
	My Commission Expires:_	_	_	_	_	_	_	_	

STATE OF FLORIDA COUNTY OF BREYARD	
)
)								

The foregoing instrument was acknowledged  before me on the  		day of  	,2018
by Jay A. Decator, III, as Chairman of VIERA STEWARDSHIP DISTRICT, a special purpose unit of local government established pursuant to Chapter 2006-360, Laws of Florida, and Chapter 189, Florida

Statutes, on behalf of the district.  He _	is personally  known to me or  	 Driver's License as proof of identification.

produced a State of Florida

Print Name:_ _ _

_ _ _

_ _ _ _

_ _ _

Notary Public:_ _ _

_ _ _ _ _

_ _ _ _

Commission No.:._ _

_ _ _

_ _ _

_ _ _

My Commission Expires:_ _ _ _ _ _ _ _

STATE OF FLORIDA	)
COUNTY OF BREVARD	)

ORLDOCS 16516144 2	10

The foregoing instrument was acknowledged  before me on the 		day of _ _ _
2018 by Eva M. Rey, as President of CENTRAL VIERA COMMUNITY ASSOCIATION, Inc., a Florida not-for-profit corporation,  on  behalf  of  the corporation.   She_ is  personally  known  to me or  	 produced a State of Florida Driver's License as proof of identification.

Print Name:- - - - - - - - - - - - -
Notary Public:_  _  _  _  _  _  _  _  _  _  _  _
Commission No.:_  _  _  _  _  _  _  _  _  _ _
My Commission Expires:_ _ _ _ _ _ _ _

ORLDOCS 16516144 2	11

Exhibit "A"

The Modified Canal Svstem Map and Legal Descriptions

X:\LEGAL_ VC\ADS\Cocoa Ranch\Canal Maintenance\Duda-District Canal System Drainage Easement\(V3) Amendment to Canal System Drainage Easement (ADS, VSD, CVCA, VECDD)(2018).doc
C:\Users\JK\AppData\Local\Temp\omvkirlp\Amendment  to Canal System  Drainage Easement (ADS, VSD, CVCA, VECDD)(2018	doc

ORLDOCS 16516144  2	12

S ECTION VII

S ECTION A

AP300R	YEAR-TO-DATE ACCOUNTS PAYABLE PREPAID/COMPUTER CHECK REGISTER	RUN 11/20/18
*** CHECK DATES 10/17/2018 - 11/20/2018 ***	VIERA EAST- GOLF COURSE
BANK B VIERA EAST-GOLF

PAGE	5

CHECK	VEND#	•••••INVOICE••••••••EXPENSED TO...		VENDOR NAME DATE			DATE	INVOICE	YRMO	DPT ACCT# SUB	SUBCLASS

STATUS	AMOUNT	•.••CHECK.•.•.
AMOUNT	#

10/24/18 00694	10/10/18 585041	201810 390-57200-46000	*
GOLF COURSE SUPPLIES
10/17/18 585413	201810 390-57200-46000	*
GOLF COURSE SUPPLIES
10/19/18 585533	201810 390-57200-46000	*
GOLF COURSE SUPPLIES
-  -  -  - -  -  - - - - -  -  -  -  -  -  -  -  -  - - - - - - - -P-RECISION SMALL ENGINE CO., INC.  10/24/18 01363	10/18/18 46765	201810 390-57200-47100	*
MONTHLY IRR COMP PAYMENT
10/22/18 46814	201810 390-57200-47100	*
REPAIR SERVICES
- - - - - -   - - - - - - -  -  -  -  - - - - - - - - - - -RA-INBIRD INTERNATIONAL SERVICES

54.70
67.60
79.34

348.00
761.00

201.64 026179

1,109.00 026180

10/24/18 99999	10/24/18 VOID	201810 000-00000-00000
VOID CHECK
- - - - - - - - - - - - - - - - - - - - - - - - - - - -******INVALID VENDOR NUMBER******

C	.oo

.oo 026181

10/24/18 01324	10/16/18 10162018 201810 320-57200-54000
AMAZON SUPPLIES
10/16/18 10162018 201810 320-57200-41000
CRICKET WIRELESS
10/16/18 10162018 201810 340-57200-51100
AMAZON SUPPLIES
10/16/18 10162018 201810 320-57200-51100
AMAZON SUPPLIES
10/16/18 10162018 201810 320-57200-51000
AMAZON SUPPLIES
10/16/18 10162018 201810 300-14200-10000
HOLE IN ONE TROPHY
10/16/18 10162018 201810 320-57200-51000
AMAZON SUPPLIES
10/16/18 10162018 201810 320-57200-51100
AMAZON SUPPLIES
10/16/18 10162018 201810 320-57200-51100
AMAZON SUPPLIES
10/16/18 10162018 201810 320-57200-51000
AMAZON SUPPLIES
10/16/18 10162018 201810 320-57200-51100
AMAZON SUPPLIES
10/16/18 10162018 201810 320-57200-51000
AMAZON SUPPLIES
10/16/18 10162018 201810 340-57200-51100
AMAZON SUPPLIES
10/16/18 10162018 201810 320-57200-51000
AMAZON SUPPLIES

*	12.99
*	104.00
*	74.76
*	9.99
*	309.98
*	28.00
*	59.67
*	149.40
*	105.42
*	12.80
*	18.99
*	5.20
*	30.20
*	82.01

VIER --VIERA EAST-- HSMITH