SOUTH BAY COMMUNITY DEVELOPMENT DISTRICT HILLSBOROUGH COUNTY REGULAR BOARD MEETING AUGUST 5, :00 P.M.

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1 SOUTH BAY COMMUNITY DEVELOPMENT DISTRICT HILLSBOROUGH COUNTY REGULAR BOARD MEETING AUGUST 5, :00 P.M. Special District Services, Inc. The Oaks Center 2501A Burns Road Palm Beach Gardens, FL Telephone 877.SDS.4922 Toll Free Facsimile

2 AGENDA SOUTH BAY COMMUNITY DEVELOPMENT DISTRICT 536 Bahia Beach Boulevard, Building B First Floor Ruskin, FL REGULAR BOARD MEETING August 5, :00 P.M. A. Call to Order B. Proof of Publication Page 1 C. Establish Quorum D. Additions or Deletions to Agenda E. Approval of Minutes F. Reports 1. June 3, 2016 Regular Board Meeting & Public Hearing Page 2 1. Financial Report.Page 7 2. Legal Report 3. Manager s Report a. Consider Approving Directional Sign Replacement Page Chairman s Report 5. POA Report 6. Bond Holder s Report 7. Landowner s Report G. Old Business H. New Business 1. Consider Resolution No Authorizing the Chairman to Take Certain Actions on Behalf of the District in Connection with Development of Antigua Cove...Page Discussion Regarding Request from SouthShore Management for Parking Lot Leases...Page 39 I. Administrative Matters J. Comments by the Public for Matters not on the Agenda K. Board Members Comments L. Adjourn

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4 SOUTH BAY COMMUNITY DEVELOPMENT DISTRICT PUBLIC HEARING & REGULAR BOARD MEETING JUNE 3, 2016 A. CALL TO ORDER Vice Chairman Brett Vogeler called the June 3, 2016, Regular Board Meeting of the South Bay Community Development District to order at 2:00 p.m. in the Conference Room of Harborside Suites located at 536 Bahia Beach Boulevard, Building B, First Floor, Ruskin, Florida B. PROOF OF PUBLICATION Proof of publication was presented that notice of the Regular Board Meeting had been published in The Tampa Tribune on September 22, 2016, as part of the District s Fiscal Year 2015/2016 Regular Meeting Schedule, as legally required. C. ESTABLISH A QUORUM Mr. Ellington determined that the attendance of Chairman W. Thomas Grimm (attended by conference call), Vice Chairman Brett Vogeler and Supervisors Kevin Crist and Robert McCarthy constituted a quorum and was in order for the meeting to commence. Staff present were: District Manager Richard Ellington of Special District Services, Inc.; and District Attorney Tom Cloud of Gray-Robinson, P.A. (who attended by conference call). Others present were: Phillip Kokesh, Zina Lucas and Gary Queen. D. ADDITIONS OR DELETIONS TO AGENDA. There were no additions or deletions to the agenda. E. APPROVAL OF MINUTES 1. April 1, 2016, Regular Board Meeting The minutes of the April 1, 2016, Regular Board Meeting were presented for approval. A motion was made by Mr. McCarthy, seconded by Mr. Vogeler approving the minutes of the April 1, 2016, Regular Board Meeting, as presented. That motion carried 4 to May 13, 2016, Special Board Meeting The minutes of the May 13, 2016, Special Board Meeting were then presented for approval. A motion was made by Mr. Vogeler, seconded by Mr. Crist and passed unanimously approving the minutes of the May 13, 2016, Special Board Meeting, as presented. Page 1 of 5 Page 2

5 SOUTH BAY COMMUNITY DEVELOPMENT DISTRICT PUBLIC HEARING & REGULAR BOARD MEETING JUNE 3, 2016 Following the approval of the minutes, Mr. Ellington requested that the Board ratify the actions taken up at the Special Board Meeting of May 13, Mr. Vogeler moved and Mr. Crist seconded that the actions of the May 13, 2016, Special Board Meeting be ratified and that motion carried 4 to 0. At this time, Mr. Ellington recessed the Regular Board Meeting and opened the Public Hearing on the Fiscal Year 2016/2017 Final Budget. F. PUBLIC HEARING 1. Proof of Publication Proof of publication was presented that notice of the Public Hearing had been published in The Tampa Tribune on May 16, 2016, and May 23, 2016, as legally required. 2. Receive Public Comment on the Fiscal Year 2016/2017 Final Budget 3. Consider Resolution No Adopting a Fiscal Year 2016/2017 Final Budget Mr. Ellington presented Resolution No , entitled: RESOLUTION THE ANNUAL APPROPRIATION RESOLUTION OF THE SOUTH BAY COMMUNITY DEVELOPMENT DISTRICT (THE DISTRICT ) RELATING TO THE ANNUAL APPROPRIATIONS AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2016, AND ENDING SEPTEMBER 30, 2017 Mr. Ellington went through the budget and primarily pointed out to the Board that as had been previously discussed when the proposed budget was presented that the $135,000 that was for the debt payback had now been taken out of the budget and $50,000 of it had been put in the line item for Contingency Reserves and the other $85,000 would not be in the budget and there would thus be a reduction in the assessments. Mr. McCarthy asked several questions regarding the reductions and how they would be applied. At this point, Mr. Ellington opened the floor for comments from the public. Mr. Queen indicated that he felt that the full $135,000 should go to reduction of assessments, but Members of the Board responded to him that they thought the contingency was necessary, as had been recently evidenced by the requirement to fill potholes and replace grates in the roadways. Following the general discussion related to the budget, Mr. Crist moved that Resolution No be adopted approving the Fiscal Year 2016/2017 Final Budget, Mr. McCarthy seconded and the motion carried 4 to. Page 2 of 5 Page 3

6 SOUTH BAY COMMUNITY DEVELOPMENT DISTRICT PUBLIC HEARING & REGULAR BOARD MEETING JUNE 3, Consider Resolution No Adopting an Annual Assessment Resolution for Fiscal Year 2016/2017 Mr. Ellington then presented Resolution No , entitled: RESOLUTION A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE SOUTH BAY COMMUNITY DEVELOPMENT DISTRICT MAKING A DETERMINATION OF BENEFIT; IMPOSING SPECIAL ASSESSMENTS; PROVIDING FOR THE COLLECTION AND ENFORCEMENT OF SPECIAL ASSESSMENTS, INCLUDING BUT NOT LIMITED TO PENALTIES AND INTEREST THEREON; CERTIFYING AN ASSESSMENT ROLL; PROVIDING FOR AMENDMENTS TO THE ASSESSMENT ROLL; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Crist moved and Mr. Vogeler seconded that Resolution No be approved and upon being put to a vote, the motion carried 4 to 0. Mr. Ellington then adjourned the Public Hearing and reconvened the Regular Board Meeting. G. REPORTS 1. Financial Report There was no Financial Report at this time. 2. Legal Report Mr. Cloud reported, by telephone, that the closing on the Serenity Bay property by Lennar had taken place. He also advised that there was a new round of public records requests being made and indicated that as he received them, he was forwarding them to the District Manager for response. 3. Manager s Report There was no Manager s Report at this time. 4. Chairman s Report There was no Chairman s Report at this time. Page 3 of 5 Page 4

7 SOUTH BAY COMMUNITY DEVELOPMENT DISTRICT PUBLIC HEARING & REGULAR BOARD MEETING JUNE 3, POA Report There was no POA Report at this time. 6. Bondholder s Report There was no Bondholder s Report at this time. 7. Landowners Report There was no Landowners Report at this time. H. OLD BUSINESS There were no Old Business items to come before the Board. I. NEW BUSINESS 1. Consider Resolution No Adopting a Fiscal Year 2016/2017 Meeting Schedule Mr. Ellington presented Resolution No , entitled: RESOLUTION NO A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE SOUTH BAY COMMUNITY DEVELOPMENT DISTRICT, ESTABLISHING A REGULAR MEETING SCHEDULE FOR FISCAL YEAR 2016/2017 AND SETTING THE TIME AND LOCATION OF SAID DISTRICT MEETINGS; AND PROVIDING AN EFFECTIVE DATE. The Board moved that the start time for the meetings be changed to 1:00 p.m. from 2:00 p.m., starting with the October 2016 meeting. Mr. Vogeler moved, seconded by Mr. Crist that Resolution No be approved, as amended, and upon being put to a vote, the motion carried 4 to Discussion Regarding Request from SouthShore Management for Park Lot Leases This item was tabled on a motion made by Mr. McCarthy, seconded by Mr. Crist and passed unanimously. J. ADMINISTRATIVE MATTERS 1. Announce Landowners Meeting Page 4 of 5 Page 5

8 SOUTH BAY COMMUNITY DEVELOPMENT DISTRICT PUBLIC HEARING & REGULAR BOARD MEETING JUNE 3, 2016 Mr. Ellington announced that there would be a Landowners Meeting on November 4, 2016, and introduced the procedures for holding the Landowners Meeting. Mr. McCarthy moved approval of the procedures, seconded by Mr. Vogeler and the motion carried 4 to 0. Mr. Ellington also announced under the schedule the Board had adopted that there would not be a meeting in July, there would be a meeting in August and there would not be a meeting in September. The Board confirmed that schedule. K. COMMENTS FROM THE PUBLIC FOR MATTERS NOT ON THE AGENDA There were no comments from the public for matters not on the agenda. L. BOARD MEMBER BOMMENTS Mr. McCarthy indicated that the POA was still working on a well for the purposes of providing water for maintenance. M. ADJOURNMENT There being no further business to come before the Board, a motion was made by Mr. Crist, seconded by Mr. McCarthy and passed unanimously to adjourn the meeting at 2:45 p.m. Secretary/Assistant Secretary Chair/Vice-Chair Page 5 of 5 Page 6

9 South Bay Community Development District Financial Report For June 2016 Page 7

10 SOUTH BAY COMMUNITY DEVELOPMENT DISTRICT MONTHLY FINANCIAL REPORT JUNE 2016 Year Annual To Date Budget Actual Actual REVENUES 10/1/15-9/30/16 Jun-16 10/1/15-6/30/16 Administrative Assessments 326,557 3,366 93,243 Administrative Assessments - Off Roll 0 6, ,250 Maintenance Assessments 330,435 3,404 94,272 Maintenance Assessments - Off Roll 0 6, ,040 O & M Assessments - SPE Debt Assessments (A-1) 888,853 22, ,199 Debt Assessments (A-1) - Off Roll 0 56, ,958 Debt Assessments - Harborside Settlement ,876 Debt Assessments (B-1) - Off Roll 505, ,692 Other Income 0 0 1,829 Interest Income TOTAL REVENUES $ 2,051,344 $ 97,919 $ 2,149,625 O & M EXPENDITURES Supervisor Fees 6, ,400 Payroll Taxes - Employer Surveying 1, Engineering 4, ,340 Management 35,208 2,934 26,406 Legal 42,000 1,606 29,830 Legal - Litigation 7, ,249 Assessment Roll 6, Auditing Fees 6,600 4,000 5,500 Arbitrage Rebate Fee ,950 Travel Per Diam 3, Insurance 6, ,550 Legal Advertising 3, ,386 Miscellaneous 1, Postage Office Supplies 1, Dues & Subscriptions Website Management 1, ,125 Trustee Fees 11, ,081 Continuing Disclosure Fee 5, ,000 Debt Payback 135, Property Taxes 1, Reserve 20, TOTAL ADMINISTRATIVE EXPENDITURES $ 300,673 $ 9,985 $ 98,255 MAINTENANCE EXPENDITURES Common Area Maintenance 144,000 12, ,000 Seawall Repairs 150, Roadway Repairs 10, ,292 TOTAL MAINTENANCE EXPENDITURES $ 304,000 $ 12,000 $ 116,292 TOTAL EXPENDITURES $ 604,673 $ 21,985 $ 214,547 EXCESS/(SHORTFALL) $ 1,446,671 $ 75,934 $ 1,935,078 Payment To Trustee (A-1 Bond) (817,745) (78,368) (835,814) Payment To Trustee (05 - Harborside Settlement) 0 0 (548,876) Payment To Trustee (B-1 Bond) (464,838) 0 (241,692) BALANCE $ 164,088 $ (2,434) $ 308,696 County Appraiser & Tax Collector Fee (82,044) (587) (16,582) Discounts for Early Payments (82,044) 0 (29,358) NET EXCESS/(SHORTFALL) $ - $ (3,021) $ 262,756 Bank Balance As Of 5/31/16 $ 306, Funds Received: 6/1/16-6/30/16 $ 98, Disbursements: 6/1/16-6/30/16 $ 115, Bank Balance As Of 6/30/16 $ 289, Accounts Payable As Of 6/30/16 $ 9, Due To Debt Service Fund As Of 6/30/16 $ 117, Accounts Receivable As Of 6/30/16 $ - Available Funds As Of 6/30/16 $ 162, Page 8

11 South Bay Community Development District Operating Fund Expenditures June 2016 Date Invoice # Vendor Description Amount Expenditures Payroll tax expense 06/17/2016 PR mtg ck Total Payroll tax expense Supervisors Fee 06/17/2016 PR mtg ck Total Supervisors Fee Management Fees 06/30/ Special District Services, Inc. Invoice for June , Total Management Fees 2, Legal Fees 06/30/ Gray Robinson File# General Rep Invoice# , Total Legal Fees 1, Audit Fees 06/20/ Carr Riggs & Ingram Client No nd progress payment for FY 2014/ 2015 audit 2, /30/ Carr Riggs & Ingram Client No rd progress payment for FY 2014/2015 audit 2, Total Audit Fees 4, Travel & Per Diam 06/30/ Special District Services, Inc. Invoice for June 2016 Travel Total Travel & Per Diam Miscellaneous 06/17/2016 PR mtg ck /30/ Special District Services, Inc. Invoice for June 2016 Storage 1.71 Total Miscellaneous Postage and Delivery 06/30/ Special District Services, Inc. Invoice for June 2016 postage Total Postage and Delivery Office Supplies 06/30/ Special District Services, Inc. Invoice for June 2016 Copies /30/ Special District Services, Inc. Invoice for June 2016 meeting books /30/ Special District Services, Inc. Invoice for June 2016 Fed Ex 0.00 Total Office Supplies Website Hosting Fees 06/30/ Special District Services, Inc. Invoice for June Total Website Hosting Fees Page 9

12 South Bay Community Development District Operating Fund Expenditures June 2016 Date Invoice # Vendor Description Amount Common Area Maintenance 06/21/2016 June 2016 Little Harbor POA Common Area Maintenance June , Total Common Area Maintenance 12, Total Expenditures 21, Page 10

13 South Bay Community Development District Balance Sheet As of June 30, 2016 Operating Fund Debt Service Fund (05) Debt Service Fund (15) Capital Projects Fund Gen Fixed Assets Fund Long Term Debt Fund TOTAL ASSETS Current Assets Checking/Savings Seacoast Bank 289, , Total Checking/Savings 289, , Total Current Assets 289, , Other Assets Investments - Construction Fund Investments - Interest Account (A1) Investments - Revenue Account , , Investments - Reserve Account (A) Investments - Reserve Account (B1) Investments - Prepayment Account (B1) Investments - Reserve Account (B2) Investments - Interest Account (B1) , , Investments - Interest Account (B2) Investments - Revenue Account (2015-1) , , Investments - Reserve Account (2015-A1) , , Investments - Reserve Account (2015-B1) , , Investments - Revenue Account (2015-2) Investments - Reserve Account (2015-A2) ,073, ,073, Investments - Reserve Account (2015-B2) , , Investments - Cost Of Issuance (2015-1) , , Due From General Fund , , A/R Non Ad Valorem Receipts A/R Miscellaneous Land ,812, ,812, Infrastructure Under Construction ,853, ,853, Amount Available In DSF (2005) , , Amount Available In DSF (2015) ,309, ,309, Amount To Be Provided ,422, ,422, Total Other Assets , ,309, ,666, ,870, ,983, TOTAL ASSETS 289, , ,309, ,666, ,870, ,273, Page 11

14 South Bay Community Development District Balance Sheet As of June 30, 2016 Operating Fund Debt Service Fund (05) Debt Service Fund (15) Capital Projects Fund Gen Fixed Assets Fund Long Term Debt Fund TOTAL LIABILITIES & EQUITY Liabilities Current Liabilities Due To Trustee 117, , Due To Bondholders ,755, ,755, Accounts Payable 9, , Total Accounts Payable 126, ,755, ,881, Total Current Liabilities 126, ,755, ,881, Long Term Liabilities Special Assessment Debt (2005) ,755, ,755, Special Assessment Debt (2015A-1) ,590, ,590, Special Assessment Debt (2015B-1) ,070, ,070, Special Assessment Debt (2015A-2) ,280, ,280, Special Assessment Debt (2015B-2) ,175, ,175, Total Long Term Liabilities ,870, ,870, Total Liabilities 126, ,755, ,870, ,751, Equity Investment In General Fixed Assets ,666, ,666, Retained Earnings -99, ,395, ,918, ,576, Net Income 262, , , , Total Equity 162, ,617, ,309, ,666, ,521, TOTAL LIABILITIES & EQUITY 289, , ,309, ,666, ,870, ,273, Page 12

15 From: Zina Lucas Sent: Tuesday, July 19, :27 AM To: Richard Ellington Subject: Entry directional Signage Hi Richard, Someone had hit our Entry directional signage and we ve made an insurance claim of which the insurance company has paid for a replacement and all fees. Attached you would find what our new sign would be, the map area and 2 documents we are required to obtain from the CDD. Because of the new code requiring 10 setbacks, we are not able to place the sign where it was originally. We are looking to place the new sign (as indicated on the map) near the stop sign which would include removing 1 2 of the trees currently in place. By any chance do you have a utility locate map for the general area where the sign would be placed? The installer needs to make sure all the utilities and waterline aren t an obstruction when they dig 4 down. Any assistance of information would be greatly appreciated. The POA would like to submit the NOC and authorization for CDD Board approval and execution for the permitting and installation of the new directional sign. Thanks! Zina Lucas, CAM Little Harbor POA 611 Destiny Drive Ruskin, FL, Telephone: x7233 Fax: Page 13

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21 RESOLUTION RESOLUTION OF THE SOUTH BAY COMMUNITY DEVELOPMENT DISTRICT (THE DISTRICT ) AUTHORIZING CHAIRMAN TO TAKE CERTAIN ACTIONS IN CONNECTION WITH THE DEVELOPMENT OF ANTIGUA COVE WHEREAS, LEN-Little Harbor, LCC ( LEN-Little Harbor ) is the owner and developer of land within the District commonly referred to as Antigua Cove; and WHEREAS, the District has entered into certain agreement with LEN-Little Harbor and its predecessors regarding development of the Antigua Cove; and WHEREAS, the LEN-Little Harbor has begun development within Antigua Cove and requires the cooperation of the District in connection with its development activities; and WHEREAS, the District only meets on a bi-monthly basis; and WHEREAS, the District finds it to be in the best interest of the District to authorize the Chairman to take certain actions in connection with the development of Antigua Cove consistent with the resolutions herein; and WHEREAS, the District and LEN-Little Harbor acknowledge that the resolutions herein are intended to be modified and updated as development plans for Phase 3 of Antigua Cove become more certain. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE SOUTH BAY COMMUNITY DEVELOPMENT DISTRICT: RESOLVED, that upon consultation with the District s legal counsel, the Chairman is hereby authorized to execute all applications, plats, authorizations, agreements, and other similar instruments in connection with the following development activities: 1. A vacating of that portion of the Antigua Cove Phase 1 plat as graphically and as substantially depicted on Exhibit A; and 2. A plat of Antigua Cove Entry Road prepared by AMERRIT, Inc. in substantial conformance with the draft plat attached hereto as Exhibit B; and 3. A plat of Antigua Cove Phase 2 prepared by AMERRIT, Inc. in substantial conformance with the draft plat attached hereto as Exhibit C; and 4. Construction of improvements to the Antigua Cove Entrance Road in substantial conformance with the Entrance Site Plan prepared by Clearview Land Design, L.P. and attached hereto as Exhibit D; and Page 19

22 5. A plat of Antigua Cove Phase 1A in substantial conformance with the layout depicted on the Entrance Site Plan prepared by Clearview Land Design, L.P. and attached hereto as Exhibit D; and 6. The installation, removal, and replacement of landscaping and irrigation within the District rights-of-way and common areas; and 7. The installation of street lights within the District rights-of-way and common areas; and RESOLVED, that upon consultation with the District s legal counsel, the Chairman is hereby authorized to execute all applications, plats, deeds, authorizations, agreements, and other similar instruments in connection with the following documents: 1. The Forbearance and Settlement Agreement between the District, U.S. Bank National Association, and Serenity Bay, Inc. (predecessor to LEN-Little Harbor) dated August 12, 2013; and 2. The Road Relocation Agreement between the District and LEN-Little Harbor dated May 13, Introduced, considered favorably, and adopted this 5th day of August, ATTEST: Secretary/Assistant Secretary SOUTH BAY COMMUNITY DEVELOPMENT DISTRICT By: Its: Page 20

23 EXHIBIT A AREA OF VACATING Page 21

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25 EXHIBIT B DRAFT PLAT OF ANTIGUA COVE ENTRY ROAD Page 23

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31 EXHIBIT C DRAFT PLAT OF ANTIGUA COVE PHASE 2 Page 29

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38 EXHIBIT D ENTRANCE SITE PLAN Page 36

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