Kingman Gate
Community Development District February 211   2020

Kingman Gate
Community Development District

5385 N. Nob Hill Road, Sunrise, Florida 33351 Phone: 954-721-8681 - Fax: 954-721-9202

February 14, 2020

Board of Supervisors Kingman Gate
Community Development District

Dear Board Members:

The regular meeting of the Board of Supervisors of Kingman Gate Community Development District will be held on February 21, 2020 at 10:15 a.m. at Lennar Homes, 730 NW 107th Avenue Suite 300, Miami, Florida. Following is the advance agenda for this meeting.

Roll Call

Approval of Minutes of the January 24, 2020 Meeting

Consideration of Engineering Agreement with Alvarez Engineers, Inc. to serve as District Engineer

Consideration of Resolution #2020-21 Approving the Proposed Fiscal Year 2021 Budget and Setting the Public Hearing

Staff Reports
Attorney

Engineer

Manager

Financial Reports
Approval of Funding Request #3

Balance Sheet
Supervisors Requests and Audience Comments

Adjournment
Meetings are open to the public and may be continued to a time, date and place certain. For more information regarding this CDD please visit the website: http://www.kingmangatecdd.com

MINUTES OF THE MEETING KINGMAN GATE
COMMUNITY DEVELOPMENT DISTRICT

The regular meeting of the Board of Supervisors of the Kingman Gate Community Development District was held on Friday, January 24, 2020 at 10:15 a.m. at Lennar Homes, 730 NW 107th Avenue, Suite 300, Miami, Florida.

Present and constituting a quorum were:

Teresa Baluja Vanessa Perez Carmen Orozco Raisa Krause

Also present were:

Michael Pawelczyk Juan Alvarez
Luis Hernandez

Vice Chairman Assistant Secretary Assistant Secretary Assistant Secretary

District Counsel District Engineer District Manager

FIRST  ORDER OF BUSINESS	Oath	of	Office	for	Newly
Elected Supervisors Elected the Landowners Meeting
Mr. Hernandez: I want to indicate for the record that  the  oath  of  office for  Teri Baluja, Raisa Krause, Carmen Orozco, and Vanessa Perez has already been administered and taken care of by the District and they  constitute  the quorum  for today.  The District  is still pending to administer the oath for Carolina Herrera, but she is not present today.

SECOND  ORDER OF BUSINESS	Roll Call
Mr. Hernandez called the meeting to order and called roll.

THIRD ORDER OF BUSINESS	Organizational Matters
Consideration of Resolution #2020-14 Canvassing and Certifying Results of Landowners Election
Mr. Hernandez: Moving on, as part of the organizational matters of the District, which is item No. 3 on the agenda, the first item for the Board to consider would be resolution #2020-14, canvassing and certifying the results of the landowner's election.

 	I

January 24, 2020	Kingman Gate CDD

What this is going to read is that Carolina Herrera and Teresa Baluja received 80 votes, and the remainder of the Supervisors, Raisa Krause, Carmen Orozco and Vanessa Perez received 78 votes. As a result of that, the ones receiving the 80 votes, those being Carolina and Teresa will serve for 4 years, and the remainder of the Supervisors will serve 2 years. With that being said, unless anyone has any questions, recommendation from staff is to adopt resolution #2020-14 that is canvassing and certifying the results of the landowner's election.

On MOTION by Ms. Baluja seconded by Ms. Perez with all in favor, Resolution #2020-14 canvassing and certifying the results of the landowner's election was approved.

Consideration of Resolution #2029-15 Electing Officers
Mr. Hernandez: Moving on, the next item that you have is resolution #2020-15 that is going to elect the officers. As of this point, the Board can change or rearrange the slate, but prior to the election Carolina was acting as chairman, Teri was acting as vice chairman, the remainder of the Supervisors were acting as assistant secretaries, the treasurer was Patti Powers, secretary was Luis Hernandez, and assistant secretary was Rich Hans from GMS. As that is being said, it's really up to the Board, you can as I said rearrange this or elect the same slate of officers prior to the election.
Ms. Baluja: Motion to elect the same.
Mr. Hernandez: Ok, so #2020-15 will read the same slate of officers prior to the election. I have a motion on the table, is there a second to that motion?

On MOTION by Ms. Baluja seconded by Ms. Perez with all in favor, Resolution #2020-15 electing officers, electing the same slate of officers as stated on the record by Luis Hernandez was approved.

Consideration of Resolution #2020-16 Ratifying Past Actions
Mr. Hernandez: The next action is resolution #2020-16, and it is necessary that since the District has been recently established all the actions need to be ratified. So, resolution #2020-16 will ratify any past actions the Board has undertaken up until the landowner's election took place. With that being said, recommendation from staff would be to adopt resolution #2020-16.

On MOTION by Ms. Saluja seconded by Ms. Perez with all in favor, Resolution #2020-16 ratifying past actions was approved.

FOURTH ORDER OF BUSINESS	Approval of Minutes of the
November 22, 2019 Meeting
Mr. Hernandez: Moving on, the next item you have approval of the minutes of the November 22, 2019 meeting. This would be the time to make any changes, corrections additions or deletions. If there are none, a motion to approve would be in orde .

On MOTION by Ms. Saluja seconded by Ms. Perez with all in favor, the Minutes of the November 22, 2019 Meeting were approved.

FIFTH ORDER OF BUSINESS	Ranking of Respondents to Engineering Proposals
Mr. Hernandez: As to the ranking of respondents the District has an easy task, we only received one response, and the responder is here with us today.
Mr. Alvarez: And I can answer any questions you may have.
Mr. Hernandez: So, as I usually explain, the Board has basically two options, you can scratch the process and start all over again. The fact that the District received only one responder does not deny the fact that the entire process was meant. The second option that the Board has is to accept the responder to that request for proposal, and by doing so authorize the District to move forward and engage Alvarez Engineering to be the District Engineer. As of yet, Alvarez Engineering has been the interim engineer in waiting to finalize the request for proposals and so on. So, with that being said, I'm just looking for direction from the Board.
Ms. Saluja: Motion to accept.
Mr. Hernandez: Your motion would be to enter into an agreement with Alvarez Engineering?
Ms. Saluja: Yes.
Mr. Pawelczyk: That will rank them #1 and move forward with entering into an agreement with Alvarez Engineering.
Ms. Saluja: Yes.

Mr. Hernandez: With that indication, do I have anyone seconding that motion?

On MOTION by Ms. Saluja seconded by Ms. Perez with all in favor, ranking Alvarez Engineering as the #1 ranked respondent and authorizing staff to enter into an agreement was approved.

SIXTH ORDER OF BUSINESS	Public Hearing to Consider the Imposition of Special Assessments
Motion to Open the Public Hearing
Mr. Hernandez: Moving on, the next item we have is the public hearing, there are I believe 3 public hearings that we have today. So, the first public hearing we have is for the imposition of Special Assessments. The first action that I need to ask the Board would be a motion to open the public hearing.

On MOTION by Ms. Saluja seconded by Ms. Perez with all in favor, opening the Public Hearing was approved.

Mr. Hernandez: The part that I do want to indicate for the record prior to starting, going through the different steps that we have in the public hearing is that we don't have any audience here today, so it is not that the District is trying to skip any comments from the audience but we don't have anyone attending.

Engineers Report
Mr. Hernandez: With that being said, the first item that we have is the engineers report, and Juan if you would just enlighten us and give us a quick summary as to what your report presents, I would greatly appreciate it.
Mr. Alvarez: Yes. This report was presented to the Board on November 22, 2019 and it was accepted then and I don't think there have been any changes, or request for changes so that report is identical. The idea is that the COD finances the offsite roads, the interior roads up to the gate because these are going to be hard gated and the stormwater management system and the water and sewer systems are going to be financed, and

there is going to be land acquisition, the COD will purchase from the landowner the lake and the entrance roads up to the gate and that's all.
Mr. Hernandez: Ok.
Mr. Alvarez: The COD will pay road impact fees and water and sewer connection fees related to those systems. The work is happening right now, it started I think in the fourth quarter of 2019 and it will end in 2022 with the final lift of asphalt. There's quite a bit of work that has already been done by the developer, and the estimated costs for the COD project is $18,697,299, and that's the report that's in your package. You have the exhibits and the costs.
Mr. Hernandez: Unless anyone has any questions, it would be appropriate at this time to have a motion accepting the Kingman Gate Community Development District engineers report dated November 22, 2019.

On MOTION by Ms. Baluja seconded by Ms. Perez with all in favor, accepting the Engineers Report dated November 22, 2019 was approved.

Assessment Methodology
Mr. Hernandez: Moving on, if you move to tab C you will find the assessment methodology. It has been called the master assessment methodology for the Series 2020 Bonds and it's also dated November 22, 2019. Nothing has changed since this was presented at that time, but just to bring everybody up to speed and I've always said the fastest and easiest way for me to explain it is through the tables, so if you would just please move to the back part of the report. In table 1 what you see is the different product types that are intended as of this time. There will be three product types, those being single family homes, the townhomes and the villas. In total the community will have 770 units and part of what has been done is that the single family homes have been put up and marked as being 1 equivalent residential unit, so that by comparison we can assign how much the benefit is being given to the other product types, those being the townhomes and the villas. The townhomes have been determined that they receive compared to the single family homes, 0.94 equivalent residential units, and the villas 0.87 equivalent residential units. The benefit that it gives the District having equivalent residential units is that if there

are any changes in the product types, it will be easier to allocate the debt depending upon whatever the changes are. Moving on to table 2, what that does is it takes basically and passes the already adopted engineers report and the total costs of the public improvements, the $18,697,299. Table 3 defines how much bonds the District needs to issue to pay for the full costs of all the public improvements. With that the District is able to define that the amount of bonds that will be necessary based on the given parameters of the interest rate, amortization, time, the capitalized interest that will be held and so on, and the District would need to issue $22,650,000. Table 4 takes the costs of all the improvements and assigns them per unit based on the product type, so that any homeowner will be able to see how much the cost of those public improvements affecting and allocated to each one of those properties. Table 5 takes the bond amount and allocates it so that now any homeowner will know how much is the debt allocated to each one of those properties and how much each property is responsible for the payment of the bonds. At the same time, the last column to the right identifies how much would be the annual assessments that each property would need to pay in order to pay off those bonds in the 30year period that has been established. Table 6, what that does is it just summarizes by letting us know where the existing folios, keep in mind that none of what we have been describing has been subdivided into single folios so at the beginning we do it based on acreages. There are only 4 folios that we currently have, and based on the acreages we are allocating, we meaning the COD, is allocate the debt when the bonds get to be issued. The last table is how the tax roll will be looked at based on the information that exists as of today. With that being said, does anyone have any questions in regard to the methodology report? Hearing none, the request of the Board would be a motion to accept the Master Assessment Methodology Report dated November 22, 2019

On MOTION by Ms. Saluja seconded by Ms. Perez with all in favor, accepting the Master Assessment Methodology Report dated November 22, 2019 was approved.

Public Comment and Testimony
Approving the Project and Declaring that Special Assessments  will  pay for the Project
Mr. Hernandez: Moving on, item D once again, we have no public to provide any comments or testimony. Item E, approving the project and declaring that Special Assessments will pay for this project. The part that the Statute requires the Board at this point is to let the public record reflect that the intent from the District is that the bonds will be paid exclusively by the properties that will be built within the District. So, in this item the Board is going to be approving that the project will be Special Assessment and that's how the bonds will be paid off. It would be appropriate to have a motion for that matter or is the resolution enough?
Mr. Pawelczyk: No, a motion to approve the project that you already described in the Engineers Report and declaring Special Assessments would be in order.
Mr. Hernandez: Perfect.

On MOTION by Ms. Baluja seconded by Ms. Perez with all in favor, approving the project and declaring that Special Assessments will pay for the project as stated on the record was approved.

Equalization of Assessments
Mr. Hernandez: Equalization of assessments, as I was explaining at the beginning one of the many roles that the Board has is to ensure that there is some fairness as to how much is being charged for each one of the properties. The fact of utilizing equivalent residential units, what it tries to do and the purpose is to give certainty to the property owner that they're paying something that makes sense based on the size of the property. The District has made and established a distinction between a single family home, a townhome or villa just for the purposes of making fairness into the amount that is being assessed. With that being said, does anyone have any questions in regard as to how the assessments are being equalized and the fairness of how those are being presented? If not, a motion to accept the equalization of assessments would be in order.

On MOTION by Ms. Baluja seconded by Ms. Perez with favor, accepting the equalization of assessments was appr

Adoption of Resolution #2020-17
Mr. Hernandez: Moving on, all those actions that we have been taking are formalized through resolution #2020-17, and Michael would you just guide us through what the resolution does, I would greatly appreciate it.
Mr. Pawelczyk: Sure. You will recall at the last meeting which was the organizational meeting you adopted the initial assessment resolutions which were #2020-

11 and #2020-12, they're part of Chapter 170 assessment process. This is the final resolution under that process and will equalize, approve and confirm and levy the assessments on specially benefited property in accordance with the methodology report you just approved, and provide for the payment and collection of such special assessments by either method provided by Chapter 170 and 197 Florida Statutes, whereas otherwise provided by law, and it also confirms the District's intention to issue the special assessment bonds for which these assessments will serve as the pledged revenue securing those bonds. So, unless you have any questions regarding that, a motion to adopt resolution #2020-17 would be in order.

On MOTION by Ms. Saluja seconded by Ms. Perez with all in favor, accepting Resolution #2020-17 was approved.

Motion to Close the Public Hearing

SEVENTH  ORDER OF BUSINESS	Public	Hearing	to
the	Fiscal	Year Budget

Adopt
2020

Motion to Open the Public Hearing
Mr. Hernandez: Rather than closing this section what I will just do is, we are already in a public hearing, and I just want to indicate for the record that we will be moving on to the public hearing to adopt the fiscal year 2020 budget. We are still on the public record so no action to open the public hearing would make any sense at this point.

Public Comment and Discussion
Consideration of Resolution #2020-18 Adopting the Final Budget
Mr. Hernandez: Once again I need to indicate that there is no public here so we are not skipping section 7B. The next item you have is section 7C, you have resolution #2020- 18 and this is adopting the final budget. As you probably recall the District started late last year and at that point the District just started the process for the adoption of the budget. We already have fulfilled all the requirements which is the 60 days that needs to be given prior to the adoption of the budget. As of this point, the District has a budget that will be completely under developer contribution, meaning that as expenditures are being incurred will be passed on and the developer will be paying those. It's estimated at this point that the developer contribution will not exceed $180,000 roughly and all this will come back and matches with what has been presented to the county. With that being said, unless anyone has any questions in regard to the proposed budget that will be adopted with resolution #2020-18, recommendation from staff is to adopt the resolution and by adopting the resolution you will be adopting the District's final budget.

On MOTION by Ms. Saluja seconded by Ms. Perez with all in favor, Resolution #2020-18 adopting the final budget was approved.

Motion to Close the Public Hearing

EIGHTH  ORDER OF BUSINESS	Public Hearing Expressing
the District's Intent to Utilize the Uniform Method of Levying, Collecting and Enforcing Non-Ad Valorem Assessments
Motion to Open the Public Hearing
Mr. Hernandez: Since we have another public hearing, I'm not going to close it, instead I will move on to item 8, which is the public hearing expressing the District's intent to utilize the uniform method of levying, collecting and enforcing the Non-Ad Valorem Assessments. In a few words, this is just the action the District will be taking to be able to levy taxes within Miami-Dade County.

Public Comment and Discussion
Consideration of Resolution #2020-19 Expressing the District's Intent to Utilize the Uniform Method of levying, Collecting and Enforcing Non-Ad Valorem Assessments
Mr. Hernandez: Since we are still in the public hearing, we don't need to make a motion, and once again I want to indicate item 8B, the public comment and discussion, there is no one here to may any statements. So, we can move on to item C which is resolution #2020-19 and what this resolution does is it expresses the District's intent to utilize the uniform method of levying, collecting and enforcing the Non-Ad Valorem Assessments. This is the first step that would allow the District to go to Miami-Dade County and enter into an agreement with the Tax Collector and Property Appraiser so that collections from the District will be included in the tax bill.

On MOTION by Ms. Saluja seconded by Ms. Perez with all in favor, Resolution #2020-19 expressing the District's intent to utilize the uniform method of levying, collecting and enforcing the Non-Ad Valorem Assessments was approved.

Motion to Close the Public Hearing

NINTH ORDER OF BUSINESS	Public	Hearing	to	Adopt
the Rules
Motion to Open the Public Hearing
Mr. Hernandez: Moving on to the next one, another public hearing under item No.
9, and we do not need to open this one since we are still in the public hearing.

Public Comment and Discussion
Consideration of Resolution #2020-20 Adopting the Rules
Mr. Hernandez: Item 9B, once again for the record there is no one here to provide any public comment or discussion. We can go straight to resolution #2020-20 which is adopting the District Rules. As it was presented at the November meeting, the Board was provided with the intent of what those rules are, and as of this point all those rules have been advertised and the District has fulfilled the requirement so that the Board can consider and adopt those rules. Unless anyone has any questions in regard to the District

rules, the recommendation from staff is to adopt resolution #2020-20 and by doing so you will be adopting the District rules.

On MOTION by Ms. Baluja seconded by Ms. Krause wi favor, Resolution #2020-20 adopting the Rules was approved.

Motion to Close the Public Hearing
Mr. Hernandez:	Moving on, now we can go ahead and do a motion to close all the public hearings.

On MOTION by Ms. Baluja seconded by Ms. P favor, closing the Public Hearings was approved.

TENTH ORDER OF BUSINESS	Staff Reports
Mr. Hernandez: Moving on, we have staff reports, Mr. Pawelczyk?

Attorney
Mr. Pawelczyk: The only thing I have is that the final bond validation hearing for those of you who don't know is February 24th at 10:30 a.m. so about a month from now is the final hearing and we'll be able to close the bonds approximately 35 days after that if we're ready to do so.
Mr. Hernandez: Perfect.
Mr. Pawelczyk: The only question I have and I'm going to ask during the record but, I see in the methodology report, Michael Latterner trustee as the owner?
Mr. Hernandez: There was a written change being made in Miami-Dade County, if you see the notice that was being corrected.
Mr. Pawelczyk: Lennar Homes LLC.
Mr. Hernandez: Correct, so as of the date of the report, that was the one that was being presented in Miami-Dade County.
Mr. Pawelczyk: Ok, so clarified, perfect. That's it unless there are any questions for
me.
Mr. Hernandez: Not a problem.

Engineer
Mr. Hernandez: Juan?
Mr. Alvarez: No, nothing to report. Mr. Hernandez: Thank you.

Manager
Mr. Hernandez: As for the manager, I have nothing to report.

ELEVENTH ORDER OF BUSINESS	Financial Reports
Approval of Funding Request #2
Mr. Hernandez: Item No. 11 is financial reports and you will see funding request #2 which explains the items that are being presented to the developer for payment. As of this point recommendation from staff is to approve the funding request so that it can be passed on to the developer.

TION by Ms. Baluja seconded by Ms. Perez with all in ccepting funding request #2 was approved.

TWELVTH  ORDER OF BUSINESS	Supervisors	Requests	and
Audience Comments
Mr. Hernandez: Are there any Supervisors requests?  Not hearing any, once again I want to indicate for the record that we have no audience here today.

THIRTEENTH  ORDER OF BUSINESS	Adjournment
Mr. Hernandez: Unless anyone has any other District business to discuss a motion to adjourn would be in order.

On MOTION by Ms. Baluja seconded by Ms. Perez with all in favor, the Meeting was adjourned.

Secretary /Assistant Secretary	Chairman / Vice Chairman

Engineering Agreement

THIS AGREEMENT is entered into this_ day of 		20_, by and between
the Kingman Gate Community Development District, a local unit of special purpose government established pursuant to Chapter 190, Florida Statutes, and Alvarez Engineers, Inc., a Florida corporation and shall remain in effect until terminated under the terms contained herein.

WHEREAS, the Kingman Gate Community Development District ("District"), a special purpose unit of local government established and existing pursuant to Chapter 190, Florida Statutes, solicited for proposals from companies interested in serving as District Engineer to the District in accordance with sections 190.033 and 287.055, Florida Statutes; and
WHEREAS, Alvarez Engineers, Inc., ("Engineer"), a Florida corporation, submitted a proposal to serve as District Engineer and provide engineering services to the District; and
WHEREAS, the District intends to employ Alvarez Engineers, Inc. as District Engineer to perform engineering, surveying planning, landscaping, environmental management and permitting, financial and economic studies, and such other work as defined in separate work authorizations; and
WHEREAS, the District Engineer shall serve as the District's professional representative in each service or project to which this Agreement applies and will give consultation and advice to the District during the performance of these services.
NOW THEREFORE, in consideration of the mutual covenants herein contained and the acts and deeds to be performed by the parties, the receipt and sufficiency of which are hereby acknowledged, it is mutually covenanted and agreed as follows:

ARTICLE 1 SCOPE OF SERVICES
The District Engineer will provide general engineering services including:
Preparation of any necessary reports and applications.
Attendance at meetings of the District's Board of Supervisors.
Assistance in meeting with necessary parties to effectuate the issuance of bonds, special reports, feasibility studies and other tasks.
Performance of any other duties related to the provision of infrastructure and services as requested by the District's Board of Supervisors.
The District Engineer shall prepare, or cause to be prepared, or review construction drawings and specifications for the type of work as authorized by the District's Board of Supervisors. This may also include, but is not limited to, rendering assistance in the drafting of forms, proposal and contacts, issuance of certificates of construction and payment, assisting

l

and/or supervising the bidding processes, and any other activity required by the District's Board of Supervisors.
The Engineer shall, when authorized by the Board, provide general services during the construction phase including, but not limited to:
Periodic visits to the site, or full-time construction management services, as directed by the District.
Processing of contractors' pay estimates.
Final inspection and requested certificates for construction including the final certification of construction.
Consultation and advice during construction, including performing all roles and actions required of any construction contract between the District and any contractor(s) in which District Engineer is named as owner's representative or "District Engineer".
Any other activity related to construction as authorized  by the District's Board  of Supervisors.
With respect to maintenance of facilities, the District Engineer shall render such services as authorized in writing by the District.

ARTICLE 2 METHOD OF AUTHORIZATION
Each service or project shall be authorized in writing by the District. The written authorization shall be incorporated in a Work Authorization that shall include the scope of work, compensation, and special provisions or conditions specific to the service or project being authorized. Authorization of services or projects under the contract shall be at the sole option of the District.

ARTICLE 3 COMPENSATION
It is understood and agreed that the payment of compensation for services under this contract shall be stipulated in each Work Authorization. One of the following methods shall be utilized.
Lump Sum Amount: The District and District Engineer shall mutually agree to a lump sum amount for the services to be rendered payable in proportion to the work accomplished.
Hourly Personnel Rates: For services or projects where scope of services is not clearly defined, or recurring services or other projects where the District desires the use of the hourly compensation rates in Schedule "A" shall remain

m  effect.	On the anmversary date of this Agreement, the parties may renegotiate the fee schedule.

ARTICLE 4 REIMBURSABLE EXPENSES
Reimbursable expenses consist of actual expenditures made by District Engineer, its employees, or its consultants in the interest of the project for the incidental items listed below:
Expenses of transp01iation and living when traveling in connection with a project, for long distance calls and facsimiles, expedited delivery fees, and fees paid for securing approval of authorities having jurisdiction over a project. All expenditures shall be made in accordance with Chapter 112, Florida Statutes, and with the District's travel policy.
Expenses incurred in the reproduction, postage and handling of drawings and specifications except those used for in-house purposes.

ARTICLE 5 SPECIAL CONSULTANTS
When a special consultant is retained by District Engineer to assist in the provision of services such additional special services shall be paid for on a costs basis. Such services and fees shall be included in any work authorization.

ARTICLE 6 ACCOUNTING RECORDS
Records of District Engineer pe1iaining to the services provided hereunder shall be kept on a basis of generally accepted accounting principles and shall be available to the District or its authorized representative for observation or audit at mutually agreeable times. In addition, District Engineer acknowledges that the provisions of Article 13 of this Agreement may apply to these records.

ARTICLE 7 REUSE OF DOCUMENTS
All documents including drawings and specifications furnished by District Engineer pursuant to this Agreement are instruments of service to be used by the District. They are not intended or represented to be suitable for reuse by others or for extensions of the work for which they were provided or on any other project. Any reuse by the District without specific written consent by District Engineer will be at the District's sole risk.

ARTICLE 8 ESTIMATE OF COST
Since District Engineer has no control over the cost of labor, materials or equipment or over a contractor's methods of determining prices, or over competitive bidding or market

conditions, his opinions of probable cost provided as a service hereunder are to be made on the basis of his experience and qualifications and represent his best judgment as a professional familiar with the construction industry, but District Engineer cannot and does not guarantee that proposals, bids, or the construction costs will not vary from opinion of probable cost prepared by it. If the District wishes greater assurance as to the construction costs, it shall employ an independent cost estimator at its own expense or may direct that such work be accomplished through the Engineer. Services to modify approved documents to bring the construction cost within any limitation established by the District will be considered additional services and may justify additional fees.

ARTICLE 9 INDEPENDENT CONTRACTOR
In all matters relating to this Agreement, the District Engineer shall be acting as an independent contractor. Neither the District Engineer nor employees of the District Engineer, if any, are employees of the District under the meaning or application of any federal or state Unemployment or Insurance Laws or Old Age Laws or otherwise. The District Engineer agrees to assume all liabilities or obligations imposed by any one or more of such laws with respect to employees of the Engineer, if any, in the performance of this Agreement. The District Engineer shall not have any authority to assume or create any obligation, express or implied, on behalf of the District and the District Engineer shall have no authority to represent as agent, employee, or in any other capacity the District unless set forth differently herein.

ARTICLE 10 INSURANCE
District Engineer shall, at its own expense, maintain insurance during the performance of its services under this Agreement, with limits of liability not less than the following:

Workers Compensation General Liability
Bodily Injury (incl. contractual) Property Damage (incl. contractual)

Automobile Liability (if applicable) Bodily Injury
Property Damage

Professional Liability for Errors and Omissions

Statutory

$1,000,000/$2,000,000
$1,000,000/$2,000,000

Combined Single Limit $1,000,000

$1,000,000

District Engineer shall provide District with a certificate evidencing compliance with the above terms and naming the District as an additional insured, except on the worker's compensation and professional liability policies. District Engineer shall provide the District with 30 days notice of cancellation of such insurance. At no time shall Engineer be without insurance in the above amounts.

ARTICLE 11 CONTINGENT FEE
The Engineer warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the District Engineer, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the District Engineer, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement.

ARTICLE 12 AUDIT
The District Engineer agrees that the District or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Agreement, have access to and the right to examine any books, documents, papers and records of the District Engineer involving transactions related to the Agreement. The Engineer agrees that payment made under the Agreement shall be subject to reduction for amounts charged thereto that are found on the basis of audit examination not to constitute allowable costs. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of all work under the Agreement.

ARTICLE 13 INDEMNIFICATION
The Engineer agrees to indemnify, defend, and hold harmless the District and its officers, District Manager and employees of and from any and all liabilities, claims, causes of action, demands, suits, or losses by any person, corporation or other entity arising form the negligent acts, errors or omissions of the District Engineer or District Engineer's agents or employees, in the performance of professional services under this Agreement. The Engineer agrees and covenants that nothing herein shall constitute or be construed as a waiver of the District's limitations on liability pursuant to Section 768.28, F.S., or any other statute or law. Nothing in the Agreement shall inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred by operation of law.

ARTICLE  14 PUBLIC RECORDS
The District Engineer agrees and understands that Chapter 119, F.S., may be applicable to documents prepared in connection with work provided to the District and agrees to operate with public record requests made thereunder. The District Engineer shall allow access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, F.S.

Engineer shall, pursuant to and in accordance with Section 119.0701, Florida Statutes, comply with the public records laws of the State of Florida, and specifically shall:

Keep and maintain public records required by the District to perform the services or work set forth in this Agreement; and

Upon the request of the District's custodian of public records, provide the District with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; and

Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law  for  the duration of the contract term and  following  completion  of  the  Agreement  if the Engineer  does not transfer the records to the District; and

Upon completion of the Agreement, transfer, at no cost to the District, all public records in possession of the Engineer or keep and maintain public records required by the District to perform the service or work provided for in this Agreement. If the Engineer transfers all public records to the District upon completion of the Agreement, the Engineer shall destroy any duplicate public records that are exempt or confidential and exempt from public disclosure requirements. If the Engineer keeps and maintains public records upon completion of the Agreement, the Engineer shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the District, upon request from the District's custodian of public records, in a format that is compatible with the information technology systems of the District.

Engineer acknowledges that any requests to inspect or copy public records relating to this Agreement must be made directly to the District pursuant to Section 119.0701(3), Florida Statutes. If notified by the District of a public records request for records not in the possession

of the District but in possession of the Engineer, the Engineer shall provide such records to the District or allow the records to be inspected or copied within a reasonable time. Engineer aclmowledges that should Engineer fail to provide the public records to the District within a reasonable time, Engineer may be subject to penalties pursuant to Section 119.10, Florida Statutes.

IF THE ENGINEER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE ENGINEER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT/CONTRACT, THE ENGINEER MAY CONTACT THE CUSTODIAN OF PUBLIC RECORDS FOR THE DISTRICT AT:

Governmental Management Services 5385 N Nob Hill Road
Sunrise, Florida 33351
TELEPHONE: (954) 721-8681
EMAIL: lhernandez@gmssf.com

ARTICLE 15 EMPLOYMENT VERIFICATION
The Engineer agrees that it shall bear the responsibility for verifying the employment status, under the Immigration Reform and Control Act of 1986, of all persons it employs in the performance of this Agreement.

ARTICLE 16 CONTROLLING LAW
District Engineer and the District agree that this Agreement shall be controlled and governed by the laws of the State of Florida. The venue/jurisdiction for any legal proceedings brought hereunder shall be brought in the courts in Miami-Dade County, Florida.

ARTICLE 17WAIVEROF JURY TRIAL
THE PARTIES HEREBY KNOWINGLY, IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHTS TO A TRIAL BY JURY IN RESPECT TO ANY ACTION, PROCEEDING OR COUNTERCLAIM BASED ON THIS CONTRACT OR ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS CONTRACT OR ANY DOCUMENT OR INSTRUMENT EXECUTED IN CONNECTION WITH THIS CONTRACT, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTION OF ANY PARTY HERETO. THIS PROVISION IS A

MATERIAL INDUCEMENT FOR THE PARTIES ENTERING INTO THE SUBJECT AGREEMENT.

ARTICLE 18 ASSIGNMENT
Neither the District nor the District Engineer shall assign, sublet, or transfer their rights, duties, interest or obligations under this Agreement without the express written consent of the other. Nothing in this paragraph shall prevent the District Engineer from employing such independent professional associates and consultants, as District Engineer deems appropriate, pursuant to Article 5 herein.

ARTICLE 19AMENDMENT
Amendment to and waivers of the provisions contained in this Agreement may be made only by an instrument in writing which is executed by both of the parties hereto.

ARTICLE 20 TERMINATION
The District may terminate this Agreement, in whole or in part, for failure of the District Engineer to perform in accordance with the terms of this Agreement or for any reason, at the District's sole discretion, upon thirty (30) days written notice. The District Engineer may terminate this Agreement for cause upon ninety (90) days written notice. At such time  as District Engineer receives notification of the intent of the District to terminate the contract, District Engineer shall not perform any further services unless directed to do so by the Board of Supervisors in writing.

ARTICLE 21 NOTICES
Any notice provided by this Agreement to be served in writing upon either of the parties shall be deemed sufficient if delivered to an authorized representative of either of the parties, or if mailed by registered or certified mail, return receipt requested, to the address of the party set forth below or to such other addresses as the parties hereto may designate in writing.  Such notice shall be effective from the date the same is deposited in the mails, registered or ce1iified mail, return receipt requested, first class postage prepaid and addressed as follows:

If to District Engineer:		Juan R. Alvarez, P.E. Alvarez Engineers, Inc. 8935 NW 35 Lane
Suite 101
Doral, Florida 33172

If to District	Mr. Luis Hernandez
Kingman Gate Community Development District
5385 N Nob Hill Road Sunrise, Florida 33351 Attention: District Manager

With a Copy to:	Mr. Dennis E. Lyles, Esq.
Billing, Cochran, Lyles, Mauro & Ramsey, P.A. 515 E Las Olas Blvd., 6th Floor
Ft. Lauderdale, FL 33301

ARTICLE 22 RECOVERY OF COSTS AND FEES
In the event either party is required to enforce this Agreement by court proceedings or otherwise, then the prevailing patiy shall be entitled to recover from the other paiiy all fees and costs incurred including reasonable attorneys' fees and costs whether incurred prior to, during, or post litigation, appeal, or through alternative dispute resolution.

ARTICLE 23 OBJECTIVE CONSTRUCTION AND ACCEPTANCE
This Agreement reflects the negotiated agreement of the parties, each represented by competent legal counsel. Accordingly, this Agreement shall be construed as if both patties jointly prepared it, and no presumption against one party or the other shall govern the interpretation or construction of any of the provisions of this Agreement. Acceptance of this Agreement is indicated by the signature of the authorized representative of the District and the District Engineer in the spaces provided below.

ARTICLE 24 SEVERABILITY
Should any clause, paragraph or other part of this Agreement be held or declared void or illegal, for any reason, by any court having competent jurisdiction, all other clauses, paragraphs or parts of this Agreement shall neve1iheless remain in full force and effect.

IN WITNESS WHEREOF, the parties  hereto  have caused  these present to  be executed the day and year first above written.

Kingman Gate Community Development District

Attest

 	

Chairperson/Vice Chairperson	Witness

10

Schedule "A" Alvarez Engineers, Inc.
Hourly Personnel Billing Rates*

Principal	$ 210.00 I Hour

Chief Engineer	$ 210.00 I Hour
Professional Engineer with 20+ years of experience

Senior Engineer	$ 180.00 / Hour
Professional Engineer with 10+ years of experience

Senior Project Engineer	$ 155.00 / Hour
Professional Engineer with 6+ years of experience

Project Manager	$ 155.00 / Hour
Professional Engineer with 5+ years of experience

Project Engineer	$ 135.00 / Hour
Professional Engineer with 2+ years of experience

Engineer	$ 130.00 / Hour
Degreed Engineer

Computer Aided Designer and Drafter (CADD)	$  98.00 / Hour

Engineering Technician	$ 88.00 /  Hour

Senior Administrative	$ 86.00 / Hour

Administrative	$ 52.00 / Hour

*Billing Rates subject to change on the anniversary of this agreement

Proposed Budget
Fiscal Year 2021

Kingman Gate Community Development District

February 21)' 2020

Kingman Gate		
Community Development District						General Fund	
	Adopted Budget	Actual Thru		Projected Next	Total Projected	Proposed
Budget	
Description	 	FY2020	1/31/20	 	8 Months	9/30/20	FY 2021		

Revenues						
Developer Contributions	$180,950	$14,571	$112,834	$127,405	$180,950	
Total Revenues	$180,950	$14,571	$112,834	$127,405	$180,950	

Expenditures						
Administrative						
Engineering	$12,000	$0	$8,000	$8,000	$12,000	

$0	$0	$0	$0	$0	
$0	$0	$0	$0	$0	

Arbitrage	(1)
Dissemination Agent	(1)

Attorney	$20,000	$5,070	$20,280	$25,350	$20,000	
Annual Audit	$3,000	$0	$0	$0	$3,000	
Trustee Fees	(1)	$0	$0	$0	$0	$0
Management Fees	$36,000	$6,900	$24,000	$30,900	$36,000	
Telephone	$50	$0	$50	$50	$50	
Postage	$750	$0	$750	$750	$750	
Printing & Binding	$1,000	$0	$1,000	$1,000	$1,000	
Assessment Roll	$4,000	$0	$0	$0	$4,000	
Insurance	$8,000	$0	$5,500	$5,500	$8,000	
Legal Advertising	$2,500	$2,395	$750	$3,145	$2,500	
Other Current Charges	$500	$0	$500	$500	$500	
Website Admin	$1,200	$0	$800	$800	$1,200	
Office Supplies	$150	$26	$124	$150	$150	
Dues, Licenses & Subscriptions	$175	$150	$0	$150	$175	
First quatrter	$20,515	$0	$0	$0	$20,515	
Total Administrative	$109,840	$14,541	$61,754	$76,295	$109,840	

Field						
Landscape Maintenance	$48,000	$0	$28,000	$28,000	$48,000	
Plant Replacement	$6,000	$0	$6,000	$6,000	$6,000	
Lake Maintenance	$8,800	$0	$8,800	$8,800	$8,800	
Lake Debris Removal	$2,000	$0	$2,000	$2,000	$2,000	
Contingency	$6,310	$0	$6,310	$6,310	$6,310	
Total Field	$71,110	$0	$51,110	$51,110	$71,110	
						
Total Expenditures	$88,220	$14,541	$112,864	$127,405	$180,950	

Excess Revenues (Expenditures)	 	$71,110	$30		{$30) 	$0	$0

)

$190,473.68
Cf\
$180,950.00
770
$235.00

Gross Assessment Less: Disc & Coll (5%)
Net Assessment
# Units Per Unit Net Assessment

1

( ) Expenses related to the issuance of Bonds

GMS-SF, LLC

Page 1

REVENUES:

Developer Contributions

It is presently anticipated that the District will enter into a Funding Agreement with the Developer to Fund all General Fund expenditures for the Fiscal Year.

EXPENDITURES:

Administrative:

Engineering Fees

The District's engineer will be providing general engineering services to the District, i.e. attendance and preparation for monthly board meetings, review invoices, etc.

Arbitrage

The District is required to have an annual arbitrage rebate calculation on the District's Bonds. The District will contract with an independent auditing firm to perform the calculations.

Dissemination Agent

The District is required by the Security and Exchange Commission to comply with Rule 15(c)(2)-12(b )(5), which relates to additional reporting requirements for un-rated bond issues.

Attorney

The District's legal counsel will be providing general legal services to the District, i.e. attendance and preparation for monthly meetings, review operating & maintenance contracts, etc.

Annual Audit

The District is required annually to conduct an audit of its financial records by an Independent Certified Public Accounting Firm.

Trustee Fees

The District bonds will be held and administered by a Trustee. This represents the banks annual fee.

Management Fees

The District receives Management, Accounting and Administrative services as part of a Management Agreement with Governmental Management Services - South Florida, LLC.

Telephone

Represents the cost of conference calls.

Postage

Mailing of agenda packages, overnight deliveries, correspondence, etc.

Administrative: (continued)

Printing & Binding

Printing and Binding agenda packages for board meetings, printing of computerized checks, stationary, envelopes etc.

Assessment Roll

The costs associated with preparing, processing and administering the annual assessment place on the County's tax roll.

Insurance

The District's General Liability & Public Officials Liability Insurance policy is with a qualified entity that specializes in providing insurance coverage to governmental agencies. The amount is based upon similar Community Development Districts.

Legal Advertising

The District is required to advertise various notices for monthly Board meetings, public hearings etc in a newspaper of general circulation.

Other Current Charges

Bank charges and any other miscellaneous expenses that incurred during the year.

Website Compliance

Per Chapter 2014-22, Laws of Florida, all Districts must have a website to provide detailed information on the COD as well as links to useful websites regarding Compliance issues. This website will be maintained by GMS-SF, LLC and updated monthly.

Office Supplies

Miscellaneous office supplies.

Dues, Licenses & Subscriptions

The District is required to pay an annual fee to the Department of Economic Opportunity for $175. This is the only expense under this category for the District.

RESOLUTION  2020 21

A RESOLUTION OF THE KINGMAN GATE COMMUNITY DEVELOPMENT DISTRICT  APPROVING  THE  DISTRICT'S PROPOSED BUDGET FOR FISCAL YEAR 2021 AND SETTING A PUBLIC HEARING THEREON PURSUANT TO FLORIDA LAW

WHEREAS, the District Manager has prepared the proposed budget for the Fiscal Year 202l;and

WHEREAS, the Board of Supervisors approves the proposed budget for purpose of submitting said budget to the local governing authorities not less than 60 days prior to the public hearing date in accordance with Chapter 190.00S(b), Florida Statutes: and

WHEREAS, the Board of Supervisors desires to set the public hearing date;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE KINGMAN GATE COMMUNITY DEVELOPMENT DISTRICT:

The proposed budget for Fiscal Year 2021 is hereby approved for the purpose of conducting a public hearing to adopt said budget.
A public hearing on said approved budget is hereby declared and set for the following date, hour and place:

Date:	 Hour:	 Place:      	 

Notice of public hearing shall be published in accordance with Florida Law.

Adopted this  	daof 	2020
ChairmanNice Chairman
Secretary/Assistant Secretary

Kingman Gate
Community Development District	Funding Request #3
February 21, 2020

PAYEE

1	ALM Media, LLC	GENERAL FUND	
Inv# 446273 - Notice of Rule	$	76.20	
Inv# 445578 - Intent to Asse.ss	$	380.20	
Inv# 449828 - Notice of Meeting	$	57.65	
2	Billing, Cochran, Lyles, Mauro & Ramsey, PA		
Inv# 160315 - General Counsel (Dec 19)	$	1,160.00	
3	GMS-SF, LLC		
Inv# 4 - Management Fees & Expenses (Feb 20)	$	3,208.17	
TOTAL	$	4,882.22	

Please make check payable to:

Kingman Gate Community Development District
5385 N Nob Hill Road Sunrise, FL 33351

BALANCE SHEET
January 31, 2020

 	General Fund	

ASSETS:

CASH
DUE FROM DEVELOPER DUE FROM CAPITAL

$0
$14,571
$0

TOTAL ASSETS	$14,571

LIABILITIES:

ACCOUNTS PAYABLE DUE TO OTHER

$14,571
$0

FUND BALANCES:

UNASSIGNED	$0

TOTAL LIABILITIES & FUND BALANCES	$14,571

General Fund
Statement of Revenues & Expenditures For the Period Ended January 31, 2020

	
ADOPTED	PRORATED BUDGET	
ACTUAL		
Description		BUDGET	THRU 01/31/20	THRU 01/31/20	VARIANCE	

Income						
Developer Contributions		$180,950	$60,317	$14,571	($45,746)	
Total Income		 	$180,950	$60,317	$14,571	($45,746)	
Ex enditures						
Administrative							
Engineering		$12,000	$4,000	$0	$4,000	
Arbitrage		$0	$0	$0	$0	
Dissemination Agent		$0	$0	$0	$0	
Attorney		$20,000	$6,667	$5,070	$1,597	
Annual Audit		$3,000	$0	$0	$0	
Trustee Fees		$0	$0	$0	$0	
Management Fees		$36,000	$12,000	$6,900	$5,100	
Telephone		$50	$17	$0	$17	
Postage		$750	$250,	$0	$250	
Printing & Binding		$1,000	$333	$0	$333	
Assessment Roll		$4,000	$0	$0	$0	
Insurance		$8,000	$0	$0	$0	
Legal Advertising		$2,500	$833	$2,395	($1,562)	
Other Current Charges		$500	$167	$0	$167	
Website Admin		$1,200	$400	$0	$400	
Office Supplies		$150	$50	$56	($6)	
Dues, Licenses & Subscriptions	'	$175	$150	$150	$0	
First quatrter		$20,515	$0	$0	$0	
Total Administrative		 	$109,840	$24,867	$14,571	$10,296	
Field						
Landscape Maintenance		$48,000	$0	$0	$0	
Plant Replacement		$6,000	$0	$0	$0	
Lake Maintenance		$8,800	$0	$0	$0	
Lake Debris Removal		$2,000	$0	$0	$0	
Contingency		$6,310	$0	$0	$0	
Total Field	 	$71,110	$0	 	$0		$0	
Total Expenditures	 	$180,950	$0	$14,571	$0	
Excess Revenues (Expenditures)	 	$0	 	$0			
Fund Balance - Beginning		 	$0			
Fund Balance - Ending		 	$0