Pier Park Community Development District

Board of Supervisors’ Regular Meeting
May 26, 2022

District Office:
120 Richard Jackson Blvd, Suite 220 Panama City Beach, Florida 32407 850-334-9055

www.pierparkcdd.org

PIER PARK COMMUNITY DEVELOPMENT DISTRICT AGENDA

City of Panama City Beach City Hall 17007 Panama City Beach Pkwy Panama City Beach, FL 32413
May 26, 2022 at 12:00 p.m.

District Board of Supervisors  Chris Tilley	Chairman
Marek Bakun	Vice Chairman
Lee Ann Leonard	Board Member	
Ken Goldberg Chris Tilley Jr	Assistant Secretary Assistant Secretary	
District Manager	Kimberly O’Mera	Rizzetta & Company, Inc	
District Counsel	Joseph Brown	Kutak Rock LLP	
District Engineer	Robert Carroll	McNeil Carroll, Engineering, Inc.	

All Cellular phones and pagers must be turned off while in the meeting room.
The District Agenda is comprised of five different sections:

The regular meeting will begin promptly at 12:00 p.m. with the first section which is called Audience Comments on Agenda Items. The Audience Comment portion of the agenda is where individuals may comment on matters that concern the District. Each individual is limited to three (3) minutes for such comment. The Board of Supervisors or Staff is not obligated to provide a response until sufficient time for research or action is warranted. IF THE COMMENT CONCERNS A MAINTENANCE RELATED ITEM, THE ITEM WILL NEED TO BE ADDRESSED BY THE DISTRICT MANAGER OUTSIDE THE CONTEXT OF THIS MEETING.
The second section is called Business Administration. The Business Administration section contains items that require the review and approval of the District Board of Supervisors as a normal course of business. The third section is called Staff Reports. This section allows the District Manager, Engineer, and Attorney to update the Board of Supervisors on any pending issues that are being researched for Board action. The fourth section is called Business Items. The business items section contains items for approval by the District Board of Supervisors that may require discussion, motion and votes on an item-by-item basis. If any member of the audience would like to speak on one of the business items, they will need to register with the District Manager prior to the presentation of that agenda item. Occasionally, certain items for decision within this section are required by Florida Statute to be held as a Public Hearing. During the Public Hearing portion of the agenda item, each member of the public will be permitted to provide one comment on the issue, prior to the Board of Supervisors’ discussion, motion and vote. Agendas can be reviewed by contacting the Manager’s office at (850) 334-9055 at least seven days in advance of the scheduled meeting. Requests to place items on the agenda must be submitted in writing with an explanation to the District Manager at least fourteen (14) days prior to the date of the meeting. The final section is called Supervisor Requests and Audience Comments. This is the section in which the Supervisors may request Staff to prepare certain items in an effort to meet residential needs and provides members of the audience the opportunity to comment on matters of concern to them that were not addressed during the meeting.

Public workshops sessions may be advertised and held in an effort to provide informational services. These sessions allow staff or consultants to discuss a policy or business matter in a more informal manner and allow for lengthy presentations prior to scheduling the item for approval. Typically no motions or votes are made during these sessions.

Pursuant to provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting is asked to advise the District Office at (850) 334-9055, at least 48 hours before the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service at 7-1-1, who can aid you in contacting the District Office.

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

PIER PARK COMMUNITY DEVELOPMENT DISTRICT
DISTRICT OFFICE  120 RICHARD JACKSON BLVD  SUITE 220 PANAMA CITY BEACH, FL 32407
www.PierParkCDD.org

Board of Supervisors Pier Park Community Development District

Dear Board Members:

May 19, 2022

AGENDA

The regular meeting of the Board of Supervisors of the Pier Park Community Development District will be held on Thursday, May 26, 2022, at 12:00 p.m. (CDT) at the City of Panama City Beach City Hall, 17007 Panama City Beach Parkway, Panama City Beach, FL 32413. The following is the tentative agenda for this meeting:

CALL TO ORDER/ROLL CALL
AUDIENCE COMMENTS ON AGENDA ITEMS
BUSINESS ADMINISTRATION
Consideration of the Minutes of the Board of Supervisors Meeting
held on February 14, 2022	Tab 1
Ratification of Operation and Maintenance Expenditures for
January 2022 – March 2022	Tab 2
Ratification of Operation and Maintenance Expenditures from
OLTR Fund for January 2022 – March 2022	Tab 3
BUSINESS ITEMS
Ratification of Park Restroom Vanity Replacement Agreement
Acceptance – Wislar Construction, LLC	Tab 4
Consideration of Amendment to Property Management Services Agreement	Tab 5
Presentation of Proposed Budget for Fiscal Year 2022/2023	Tab 6
Consideration of Resolution 2022-07, Approving Proposed Budget, Declaring Special Assessments, and Setting
a Public Hearing	Tab 7
STAFF REPORTS
District Counsel
District Engineer
Update on Stormwater Needs Analysis
District Manager
District Manager Report
Property Manager
SUPERVISOR REQUESTS
ADJOURNMENT

I look forward to seeing you at the meeting. In the meantime, if you have any questions, please do not hesitate to call me at 850-334-9055.
Sincerely, Kimberly O’Mera Kimberly O’Mera District Manager

CALL TO ORDER / ROLL CALL

AUDIENCE COMMENTS ON AGENDA ITEMS

BUSINESS ADMINISTRATION

Tab 1

PIER PARK COMMUNITY DEVELOPMENT DISTRICT
February 14, 2022, Minutes of Meeting
Page 1

1	MINUTES OF MEETING
2
Each person who decides to appeal any decision made by the Board with respect
to any matter considered at the meeting is advised that the person may need to
ensure that a verbatim record of the proceedings is made, including the
testimony and evidence upon which such appeal is to be based.
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9	PIER PARK
10	COMMUNITY DEVELOPMENT DISTRICT
11
The regular meeting of the Board of Supervisors for Pier Park Community
Development District was held on Monday, February 14, 2022, at 10:00 a.m. (CDT
Time) at The Panama City Beach City Hall located at 17007 Panama City Beach
Parkway, Panama City Beach, FL 32413.
16
17  Present:
18
Chris Tilley Sr.	Board Supervisor, Chairman
Marek Bakun	Board Supervisor, Vice Chairman
Ken Goldberg	Board Supervisor, Assistant Secretary
Lee Ann Leonard	Board Supervisor, Assistant Secretary
Chris Tilly Jr.	Board Supervisor, Assistant Secretary
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Also present were:
Kristen Emery	Administrative Assistant, Rizzetta & Company, Inc.
Joseph Brown	District Counsel, Hopping Green & Sams
(Via speakerphone)
Martin Horak	District Property Manager
Audience	None
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34  FIRST ORDER OF BUSINESS	Call to Order
35
Mr. Brown called the meeting to order at 10:05 a.m. (CDT) and conducted roll call,
confirming a quorum for the meeting.
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39
40  SECOND ORDER OF BUSINESS	Audience Comments
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42  There was no audience present.
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PIER PARK COMMUNITY DEVELOPMENT DISTRICT
February 14, 2022, Minutes of Meeting
Page 2

47
THIRD ORDER OF BUSINESS	Consideration of the Minutes of the
Landowner	Election	Held	on
November 8, 2021
51
Mr. Brown presented and reviewed the Minutes of the Landowner Election held on
November 8, 2021, with the Board.

On a Motion by Mr. Goldberg seconded by Ms. Leonard, with all in favor, the Board approved the minutes of the Landowner Election held on November 8, 2021, for Pier Park Community Development District.

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FOURTH ORDER OF BUSINESS	Consideration of Minutes of the Board
of	Supervisors	Meeting	Held	on
November 8, 2021
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Mr. Brown presented and reviewed the minutes of the Board of Supervisors Meeting held
on November 8, 2021, with the Board.

On a Motion by Mr. Tilley, seconded by Mr. Bakun, with all in favor, the Board approved the minutes of the Board of Supervisors Meeting held on November 8, 2021, for Pier Park Community Development District.

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FIFTH ORDER OF BUSINESS	Ratification of Operation
and Maintenance Expenditures for
October – December 2021
67
Mr. Brown presented and reviewed the Operation and Maintenance Expenditures for
October – December 2021 with the Board.

On a Motion by Mr. Bakun, seconded by Mr. Goldberg, with all in favor, the Board ratified the Operation and Maintenance Expenditures for October 2021 in the amount of
$20,494.30, for Pier Park Community Development District.

70

On a Motion by Mr. Bakun, seconded by Mr. Tilley Jr., with all in favor, the Board ratified the Operation and Maintenance Expenditures for November 2021 in the amount of
$8,493.07, and December 2021 in the amount of $49,045.46, for Pier Park Community Development District.

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PIER PARK COMMUNITY DEVELOPMENT DISTRICT
February 14, 2022, Minutes of Meeting
Page 3
78	SIXTH ORDER OF BUSINESS	Ratification of Operation and	
79		Maintenance Expenditures for the	
80		OLTR Fund for October – December	
81		2021	
82			
Mr. Brown presented and reviewed the Operation and Maintenance Expenditures for the
OLTR Fund for October – December 2021 with the Board.
85 	

On a Motion by Mr. Goldberg, seconded by Mr. Tilley, with all in favor, the Board ratified the OLTR Operation and Maintenance Expenditures for October 2021 in the amount of
$9,365.60, for Pier Park Community Development District.

86

On a Motion by Mr. Tilley, seconded by Mr. Goldberg, with all in favor, the Board ratified the OLTR Operation and Maintenance Expenditures for November 2021 in the amount of $1,648.65 and December 2021 in the amount of $28,211.86, for Pier Park Community Development District.

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SEVENTH ORDER OF BUSINESS

Consideration of Resolution 2022-04, Canvassing and Certifying Election Results

Mr. Brown presented and reviewed Resolution 2022-04, Canvassing and Certifying Election Results with the Board. The Resolution presented the following as it pertains to the appointee and term for each of the three seats.

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Supervisor	Seat	Term	
Marek Bakun	4	4 Year Term (2021-2025)	
Lee Ann Leonard	5	4 Year Term (2021-2025)	
Kenneth Goldberg	3	2 Year Term (2021-2023)	
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On a Motion by Mr. Tilley, seconded by Ms. Leonard, with all in favor, the Board adopted Resolution 2022-04, Canvassing and Certifying Election Results, for Pier Park Community Development District

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EIGHTH ORDER OF BUSINESS	Consideration of Resolution 2022-05,
Appointing and Removing Officers of
the District

Mr. Brown presented and reviewed Resolution 2022-05, Appointing and Removing
Officers of the District with the Board. The officers are as follows: Chris Tilley, Sr. is
appointed Chair, Marek Bakun is appointed Vice Chair, Bob Schleifer is appointed
Secretary, Scott Brizendine is appointed Treasurer, Shawn Wildermuth is appointed
Assistant Treasurer, and Kenneth Goldberg, Lee Ann Leonard, Chris Tilley, Jr., Kimberly

PIER PARK COMMUNITY DEVELOPMENT DISTRICT
February 14, 2022, Minutes of Meeting
Page 4

O’Mera, and Melissa Dobbins are appointed Assistant Secretaries. Mr. Brown explained
the Rizzetta & Company employees (Bob Schleifer, Scott Brizendine, Shawn Wildermuth,
Kimberly O’Mera, and Melissa Dobbins) for the record.

On a Motion by Mr. Goldberg, seconded by Mr. Bakun, with all in favor, the Board adopted Resolution 2022-05, appointing and Removing Officers of the District, for Pier Park Community Development District.

NINTH ORDER OF BUSINESS	Consideration of Resolution 2022-06,
Updates to Prompt Payment Policy

Mr. Brown reminded the Board of the legislative updates that deal with prompt payment of
invoices by a governmental entity.

On a Motion by Mr. Tilley, seconded by Mr. Goldberg, with all in favor, the Board, adopted Resolution 2022-02, Fiscal Year 2020-2021 Budget Amendment, for Pier Park Community Development District.

TENTH ORDER OF BUSINESS	Consideration of Authorization to
Proceed with Statutory Needs
Analysis

Mr. Brown gave an overview of the Statutory Needs Analysis. New legislation requires the
District to provide a 20-year needs analysis with updates every 5 years. A proposal will be
drafted with a not to exceed of $10,000.00.

On a Motion by Mr. Tilley, seconded by Ms. Leonard, with all in favor, the Board approved a not to exceed of $10,000.00 for a Statutory Needs Analysis, for Pier Park Community Development District.

ELEVENTH ORDER OF BUSINESS	Consideration of Arbitrage
Engagement Renewal for Series 2014 -
Amtec

Mr. Brown reviewed the Arbitrage Engagement Renewal for Bonds Series 2014 presented
behind Tab 8 of the agenda with the Board.

On a Motion by Mr. Tilley, seconded by Mr. Bakun, with all in favor, the Board approved the Arbitrage Engagement Renewal for Bonds Series 2014 with AMTEC, for Pier Park Community Development District.

TWELFTH ORDER OF BUSINESS	Ratification of Work Authorization No.
2 – Landscape Irrigation Maintenance

PIER PARK COMMUNITY DEVELOPMENT DISTRICT
February 14, 2022, Minutes of Meeting
Page 5

Services – Rotolo Consultants, Inc.

Mr. Brown reviewed Work Authorization No. 2 – Landscape Irrigation Maintenance
Services with the Board. This Work Authorization reinstates the maintenance of Aaron
Bessant Park, the Veteran’s Memorial, the area around Pond 1 (Seahorse Lake) and the
walking trail by Rotolo Consultants, Inc.

On a Motion by Mr. Goldberg, seconded by Mr. Tilley Jr, with all in favor, the Board ratified Work Authorization No. 2 – Landscape Irrigation Services with Rotolo Consultants, Inc., for Pier Park Community Development District.

THIRTEENTH ORDER OF BUSINESS	Ratification of Agreement with Bay
County Tax Collector – Uniform
Method of Collection

Mr. Brown reviewed the Agreement with Bay County Tax Collector for Uniform Method of
Collection with the Board. The District shall compensate the Tax Collector 2% pursuant to
the provisions of Section 192.091(2)(b), Florida Statutes, or the actual costs of collection,
whichever is greater.

On a Motion by Mr. Tilley, seconded by Mr. Tilley Jr., with all in favor, the Board ratified the Agreement with Bay County Tax Collector for Uniform Method of Collection, for the Pier Park Community Development District.

FOURTEENTH ORDER OF BUSINESS	Ratification of Memorandum of
Understanding – Bay County Property
Appraiser

Mr. Brown reviewed the Memorandum of Understanding with the Bay County Property
Appraiser with the Board. The Bay County Property Appraiser has not yet signed the
Memorandum of Understanding. Mr. Brown stated that the services needed of the Bay
County Property Appraiser are very limited.

On a Motion by Mr. Goldberg, seconded by Ms. Leonard, with all in favor, the Board, ratified the Memorandum of Understanding with the Bay County Property Appraiser, for the Pier Park Community Development District.

FIFTEENTH ORDER OF BUSINESS	Staff Reports

A.	District Counsel
i.	Consideration of Proposed Fee Agreement – Kutak Rock, LLP.

Mr. Brown gave an overview of the Proposed fee agreement with Kutak

Rock, LLP.

PIER PARK COMMUNITY DEVELOPMENT DISTRICT
February 14, 2022, Minutes of Meeting
Page 6

Mr. Brown reminded the Board that the next regular meeting to be held May
9, 2022, will be the start of the budget cycle.

On a Motion by Mr. Tilley, seconded by Mr. Tilley Jr., with all in favor, the Board approved the Fee Agreement with Kutak Rock, LLP, for the Pier Park Community Development District.

B.	District Engineer
The District Engineer was not present.

C.	District Manager
The District Manager was not present.

D.	Property Manager
The Property Manager had no report.

SIXTEENTH ORDER OF BUSINESS	Supervisor Requests and Audience
Comments

There were no Supervisor requests or audience comments.

PIER PARK COMMUNITY DEVELOPMENT DISTRICT
February 14, 2022, Minutes of Meeting
Page 7

SEVENTEENTH ORDER OF BUSINESS	Adjournment

On a Motion by Mr. Goldberg, seconded by Ms. Leonard, with all in favor, the Board of Supervisors adjourned the meeting at 10:40 a.m., for Pier Park Community Development District.

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226 	_
227  Secretary/Assistant Secretary	Chairman/Vice Chairman
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Tab 2

Tab 3

BUSINESS ITEMS

Tab 4

AGREEMENT BETWEEN THE PIER PARK COMMUNITY DEVELOPMENT DISTRICT AND WISLAR CONSTRUCTION LLC, FOR REPAIR
SERVICES

THIS AGREEMENT ("Agreement") is made and entered into this /£' day of April, 2022, by and between:

Pier Park Community Development District, a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, being situated in Bay County, Florida, and whose mailing address is 120 Richard Jackson Blvd. Suite 220, Panama City Beach, Florida 32407 ("District"); and

Wislar Construction LLC, a Florida limited liability company, with a mailing address of 8213 Annabellas Lane, Panama City Beach, Florida 32407 ("Contractor", together with District, "Parties").

RECITALS

WHEREAS, the District is a local unit of special-purpose government established pursuant to the Uniform Community Development District Act of 1980, as codified in Chapter 190, Florida Statutes (the "Act"), by ordinance adopted by Bay County, Florida; and

WHEREAS, the District was established for the purpose of planning, financing, constructing, operating and/or maintaining certain infrastructure; and

WHEREAS, the District has a need to retain an independent contractor to provide repair and replacement services; and

WHEREAS, Contractor submitted a proposal and represents that it is qualified to provide repair and replacement services and has agreed to provide to the District those services identified in Exhibit A, attached hereto and incorporated by reference herein ("Services"); and

WHEREAS, the District and Contractor warrant and agree that they have all right, power and authority to enter into and be bound by this Agreement.

Now, THEREFORE, in consideration of the recitals, agreements, and mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Parties, the Parties agree as follows:

SECTION 1.  INCORPORATION OF RECITALS. The recitals stated above are true and correct and by this reference are incorporated by reference as a material part of this Agreement.

SECTION 2. DUTIES. The District agrees to use Contractor to provide the Services in accordance with the terms of this Agreement. The duties, obligations, and responsibilities of the Contractor are described in Exhibit A hereto.

Contractor shall provide repair and replacement services, as described in Exhibit
The Services shall include any effort specifically required by this Agreement and Exhibit A reasonably necessary to allow the District to receive the maximum benefit of all of the Services and items described herein and demonstrated in Exhibit A, including but not limited to, the repair, construction, installation, and all materials reasonably necessary. To the extent any of the provisions of this Agreement are in conflict with the provisions of Exhibit A, this Agreement controls.

Services shall commence upon execution of this Agreement on April IS', 2022, and be completed 180 calendar days of execution of this Agreement, unless extended in writing by the District in its sole discretion or terminated earlier in accordance with Section 13 herein.

This Agreement grants to Contractor the right to enter the lands that are subject to this Agreement, for those purposes described in this Agreement, and Contractor hereby agrees to comply with all applicable laws, rules, and regulations.

Contractor shall perform all Services in a neat and workmanlike manner. In the event the District in its sole determination, finds that the work of Contractor is not satisfactory to District, District shall have the right to immediately terminate this Agreement and will only be responsible for payment of work satisfactorily completed and for materials actually incorporated into the Services.

Contractor shall be solely responsible for the means, manner and methods by which its duties, obligations and responsibilities are met to the satisfaction of the District. While providing the Services, the Contractor shall assign such staff as may be required, and such staff shall be responsible for coordinating, expediting, and controlling all aspects to assure completion of the Services.

Contractor shall report directly to the District Manager. Contractor shall use all due care to protect the property of the District, its residents and landowners from damage. Contractor agrees to repair any damage resulting from Contractor's activities and work within twenty-four (24) hours.

Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Agreement. At completion of the Services, the Contractor shall remove from the site waste materials, rubbish, tools, construction equipment, machinery and surplus materials. If the Contractor fails to clean up as provided herein, the District may do so and the cost thereof shall be charged to the Contractor.

SECTION 3. COMPENSATION, PAYMENT, AND RETAINAGE.

The District shall pay Contractor twelve thousand four hundred Dollars and sixty

Cents ($12,400.60) for the Services as identified in Exhibit A attached hereto and incorporated herein by reference. Contractor shall invoice the District for the Services pursuant to the terms of this Agreement. The District shall provide payment within forty-five (45) days of receipt of invoices. Such amounts include all materials and labor provided for in Exhibit A and all items, labor, materials, or otherwise, to provide the District the maximum benefits of the Services.

If the District should desire additional work or services, the Contractor agrees to negotiate in good faith to unde1take such additional work or services. Upon successful negotiations, the Pmties shall agree in writing to an addendum, addenda, or change order(s) to this Agreement. The Contractor shall be compensated for such agreed additional work or services based upon a payment amount acceptable to the parties and agreed to in writing.

The District may require, as a condition precedent to making any payment to the Contractor, that all subcontractors, material men, suppliers or laborers be paid and require evidence, in the form of lien releases or pmtial waivers of lien, to be submitted to the District by those subcontractors, material men, suppliers or laborers, and fmther require that the Contractor provide an Affidavit relating to the payment of said indebtedness. Further, the District shall have the right to require, as a condition precedent to making any payment, evidence from the Contractor, in a form satisfactory to the District, that any indebtedness of the Contractor, as to services to the District, has been paid and that the Contractor has met all of the obligations with regard to the withholding and payment of taxes, Social Security payments, Workmen's Compensation, Unemployment Compensation contributions, and similar payroll deductions from the wages of employees.

SECTION 4. WARRANTY. The Contractor warrants to the District that all materials furnished under this Agreement shall be new, and that all services and materials shall be of good quality, free from faults and defects, and will conform to the standards and practices for projects of similar design and complexity in an expeditious and economical manner consistent with the best interest of the District. In addition to all manufacturer warranties for materials purchased for purposes of this Agreement, all Work provided by the Contractor pursuant to this Agreement shall be warranted for two (2) years from the date of acceptance of the Work by the District. Contractor shall replace or repair warranted items to the District's satisfaction and in the District's discretion. Neither final acceptance of the Work, nor final payment therefore, nor any provision of the Agreement shall relieve Contractor of responsibility for defective or deficient materials or Services. If any of the materials or Services are found to be defective, deficient or not in accordance with the Agreement, Contractor shall correct, remove and replace it promptly after receipt of a written notice from the District and correct and pay for any other damage resulting therefrom to District property or the property of landowners within the District.

SECTION 5.	INSURANCE.

The Contractor shall maintain throughout the term of this Agreement the following insurance:

Worker's Compensation Insurance in accordance with the laws of the State of Florida.

Commercial General Liability Insurance covering the Contractor's legal liability for bodily injuries, with limits of not less than
$1,000,000 combined single limit bodily injury and property damage liability, and covering at least the following hazards:

Independent Contractors Coverage for bodily injury and property damage in connection with any subcontractors' operation.

Employer's Liability Coverage with limits of at least $1,000,000 (one million dollars) per accident or disease.

Automobile Liability Insurance for bodily injuries in limits of not less than $1,000,000 combined single limit bodily injury and for property damage, providing coverage for any accident arising out of or resulting from the operation, maintenance, or use by the Contractor of any owned, non-owned, or hired automobiles, trailers, or other equipment required to be licensed.

The District, its staff, consultants and supervisors shall be named as additional insured. The Contractor shall furnish the District with the Certificate of Insurance evidencing compliance with this requirement. No ce1iificate shall be acceptable to the District unless it provides that any change or termination within the policy periods of the insurance coverage, as ce1iified, shall not be effective within thirty (30) days of prior written notice to the District. Insurance coverage shall be from a reputable insurance can-ier, licensed to conduct business in the State of Florida.

If the Contractor fails to have secured and maintained the required insurance, the District has the right but not the obligation to secure such required insurance in which event the Contractor shall pay the cost for that required insurance and shall furnish, upon demand, all information that may be required in connection with the District's obtaining the required msurance.

SECTION 6.	INDEMNIFICATION.

Contractor agrees to defend, indemnify, and hold harmless the District and its officers, agents, employees, successors, assigns, members, affiliates, or representatives from any and all liability, claims, actions, suits, liens, demands, costs, interest, expenses, damages, penalties, fines, judgments against the District, or loss or damage, whether monetary or othe1wise, arising out of, wholly or in part by, or in connection with the

Services to be performed by Contractor, its subcontractors, its employees and agents in connection with this Agreement, including litigation, mediation, arbitration, appellate, or settlement proceedings with respect thereto. Additionally, nothing in this Agreement requires Contractor to indemnify the District for the District's percentage of fault if the District is adjudged to be more than 50% at fault for any claims against the District and Contractor as jointly liable parties; however, Contractor shall indemnify the District for any and all percentage of fault attributable to Contractor for claims against the District, regardless whether the District is adjudged to be more or less than 50% at fault.

Obligations under this section shall include the payment of all settlements, judgments, damages, liquidated damages, penalties, forfeitures, back pay awards, comi costs, arbitration and/or mediation costs, litigation expenses, attorneys' fees, paralegal fees, expert witness fees (incurred in court, out of comi, on appeal, or in bankruptcy proceedings), any interest, expenses, damages, penalties, fines, or judgments against the District.

SECTION 7. LIMITATIONS ON GOVERNMENTAL LIABILITY. Nothing in this Agreement shall be deemed as a waiver of the District's sovereign immunity or the District's limits of liability as set forth in Section 768.28, Florida Statutes, or other statute, and nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under such limitations of liability or by operation of law.

SECTION 8.	COMPLIANCE WITH GOVERNMENTAL REGULATION. The Contractor shall
keep, observe, and perform all requirements of applicable local, State, and Federal laws, rules, regulations, or ordinances. If the Contractor fails to notify the District in writing within five (5) days of the receipt of any notice, order, required to comply notice, or a repoti of a violation or an alleged violation, made by any local, State, or Federal governmental body or agency or subdivision thereof with respect to the services being rendered under this Agreement or any action of the Contractor or any of its agents, servants, employees, or materialmen, or with respect to terms, wages, hours, conditions of employment, safety appliances, or any other requirements applicable to provision of services, or fails to comply with any requirement of such agency within five (5) days after receipt of any such notice, order, request to comply notice, or rep01i of a violation or an alleged violation, the District may terminate this Agreement, such termination to be effective upon the giving of notice of termination.

SECTION 9.  LIENS AND CLAIMS. The Contractor shall promptly and properly pay for all labor employed, materials purchased, and equipment hired by it to perform under this Agreement. The Contractor shall keep the District's property free from any materialmen's or mechanic's liens and claims or notices in respect to such liens and claims, which arise by reason of the Contractor's performance under this Agreement, and the Contractor shall immediately discharge any such claim or lien. In the event that the Contractor does not pay or satisfy such claim or lien within three (3) business days after the filing of notice thereof, the District, in addition to any and all other remedies available under this Agreement, may terminate this Agreement to be effective immediately upon the giving of notice of termination.

SECTION 10.	DEFAULT AND PROTECTION AGAINST THIRD PARTY INTERFERENCE.  A

default by either party under this Agreement shall entitle the other to all remedies available at law or in equity, which may include, but not be limited to, the right of damages, injunctive relief, and/or specific performance. The District shall be solely responsible for enforcing its rights under this Agreement against any interfering third party. Nothing contained in this Agreement shall limit or impair the District's right to protect its rights from interference by a third party to this Agreement.

SECTION 11. CUSTOM AND USAGE. It is hereby agreed, any law, custom, or usage to the contrary notwithstanding, that the District shall have the right at all times to enforce the conditions and agreements contained in this Agreement in strict accordance with the terms of this Agreement, notwithstanding any conduct or custom on the part of the District in refraining from so doing; and further, that the failure of the District at any time or times to strictly enforce its rights under this Agreement shall not be construed as having created a custom in any way or manner contrary to the specific conditions and agreements of this Agreement, or as having in any way modified or waived the same.

SECTION 12. SUCCESSORS. This Agreement shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors, and assigns of the Parties to this Agreement, except as expressly limited in this Agreement.

SECTION 13. TERMINATION. The District agrees that the Contractor may terminate this Agreement with cause by providing thirty (30) days' written notice of termination to the District stating a failure of the District to perform according to the terms of this Agreement; provided, however, that the District shall be provided a reasonable opportunity to cure any failure under this Agreement. The Contractor agrees that the District may terminate this Agreement immediately for cause by providing written notice of termination to the Contractor. The District shall provide thirty (30) days' written notice of termination without cause. Upon any termination of this Agreement, the Contractor shall be entitled to payment for all work and/or services rendered up until the effective termination of this Agreement, subject to whatever claims or off-sets the District may have against the Contractor.

SECTION 14. PERMITS AND LICENSES. All permits and licenses required by any governmental agency directly for the District shall be obtained and paid for by the District. All other permits or licenses necessary for the Contractor to perform under this Agreement shall be obtained and paid for by the Contractor.

SECTION 15. ASSIGNMENT. Neither the District nor the Contractor may assign this Agreement without the prior written approval of the other. Any purpo1ied assignment without such approval shall be void.

SECTION 16. INDEPENDENT CONTRACTOR STATUS. In all matters relating to this Agreement, the Contractor shall be acting as an independent contractor. Neither the Contractor nor employees of the Contractor, ifthere are 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 Contractor agrees to assume all liabilities or obligations imposed by any one or more of such laws with respect to employees of the Contractor, ifthere are any, in the performance of this Agreement. The Contractor shall not have any authority to assume or create any obligation,

express or implied, on behalf of the District and the Contractor shall have no authority to represent the District as an agent, employee, or in any other capacity, unless otherwise set fmth in this Agreement.

SECTION 17. HEADINGS FOR CONVENIENCE ONLY. The descriptive headings in this Agreement are for convenience only and shall neither control nor affect the meaning or construction of any of the provisions of this Agreement.

SECTION 18. ENFORCEMENT OF AGREEMENT. In the event that either the District or the Contractor is required to enforce this Agreement by court proceedings or otherwise, then the prevailing party shall be entitled to recover all fees and costs incuned, including reasonable attorneys' fees and costs for trial, alternative dispute resolution, or appellate proceedings.

SECTION 19. AGREEMENT. This instrument shall constitute the final and complete expression of this Agreement between the Patties relating to the subject matter of this Agreement. None of the provisions of Exhibit A shall apply to this Agreement and Exhibit A shall not be incorporated herein, except that Exhibit A is applicable to the extent that it states the scope of services for the labor and materials to be provided under this Agreement.

SECTION 20. AMENDMENTS. Amendments to and waivers of the provisions contained in this Agreement may be made only by an instrument in writing which is executed by both Parties.

SECTION 21. AUTHORIZATION. The execution of this Agreement has been duly authorized by the appropriate body or official of the Patties, the Parties have complied with all the requirements of law, and the Parties have full power and authority to comply with the terms and provisions of this Agreement.

SECTION 22. NOTICES. All notices, requests, consents and other communications under this Agreement ("Notice" or "Notices") shall be in writing and shall be hand delivered, mailed by First Class Mail, postage prepaid, or sent by overnight delivery service, to the Patties, as follows:

If to District:

With a copy to:

Pier Park Community Development District
120 Richard Jackson Blvd. Suite 220
Panama City Beach, Florida 32407 Attn: District Manager

Kutak Rock LLP
107 West College Avenue Tallahassee, Florida 3230 I Attn: District Counsel

If to the Contractor:	Wislar Construction LLC
8113 Annabellas Lane Panama City Beach, FL 32407 Attn: Aaron Villarreal

Except as othe1wise provided in this Agreement, any Notice shall be deemed received only upon actual delivery at the address set f01th above. Notices delivered after 5:00 p.m. (at the place of delivery) or on a non-business day, shall be deemed received on the next business day. If any time for giving Notice contained in this Agreement would otherwise expire on a non-business day, the Notice period shall be extended to the next succeeding business day. Saturdays, Sundays, and legal holidays recognized by the United States government shall not be regarded as business days. Counsel for the District and counsel for the Contractor may deliver Notices on behalf of the District and the Contractor. Any party or other person to whom Notices are to be sent or copied may notify the Patties and addressees of any change in name or address to which Notices shall be sent by providing the same on five (5) days written notice to the Patties and addressees set faith in this Agreement.

SECTION 23. THIRD PARTY BENEFICIARIES. This Agreement is solely for the benefit of the Patties hereto and no right or cause of action shall accrue upon or by reason, to or for the benefit of any third patty not a formal patty to this Agreement. Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person or corporation other than the Parties hereto any right, remedy, or claim under or by reason of this Agreement or any of the provisions or conditions of this Agreement; and all of the provisions, representations, covenants, and conditions contained in this Agreement shall inure to the sole benefit of and shall be binding upon the Parties hereto and their respective representatives, successors, and assigns.

SECTION 24. CONTROLLING LAW AND VENUE. This Agreement and the provisions contained in this Agreement shall be construed, interpreted, and controlled according to the laws of the State of Florida. All actions and disputes shall be brought in the proper cou1t and venue, which shall be Bay County, Florida.

SECTION 25. COMPLIANCE WITH PUBLIC RECORDS LAWS. Contractor understands and agrees that all documents of any kind provided to the District in connection with this Agreement may be public records, and, accordingly, Contractor agrees to comply with all applicable provisions of Florida law in handling such records, including but not limited to Section 119.0701, Florida Statutes. Contractor acknowledges that the designated public records custodian for the District is Kim O'Mera ("Public Records Custodian"). Among other requirements and to the extent applicable by law, the Contractor shall 1) keep and maintain public records required by the District to perform the service; 2) upon request by the Public Records Custodian, provide the District with the requested public records or allow the records to be inspected or copied within a reasonable time period at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes; 3) ensure that public records which 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 the contract term if the Contractor does not transfer the records to the Public Records Custodian of the District; and 4) upon completion of the contract, transfer to the District, at no cost, all public records in Contractor's possession or, alternatively, keep, maintain

and meet all applicable requirements for retaining public records pursuant to Florida laws. When such public records are transfen-ed by the Contractor, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the District in a format that is compatible with Microsoft Word or Adobe PDF formats.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN  OF  PUBLIC  RECORDS  AT  850-334-9055,
KO'Mera@rizzetta.com, 120 RICHARD JACKSON BLVD., SUITE 220, PANAMA CITY, FLORIDA 32407.

SECTION 26. SEVERABILITY. The invalidity or unenforceability of any one or more provisions of this Agreement shall not affect the validity or enforceability of the remaining portions of this Agreement, or any part of this Agreement not held to be invalid or unenforceable.

SECTION 27. ARM'S LENGTH TRANSACTION. This Agreement has been negotiated fully between the Parties as an arm's length transaction. The Parties participated fully in the preparation of this Agreement with the assistance of their respective counsel. In the case of a dispute concerning the interpretation of any provision of this Agreement, the Patiies are each deemed to have drafted, chosen, and selected the language, and any doubtful language will not be interpreted or construed against any party.

SECTION 28. COUNTERPARTS. This Agreement may be executed in any number of counterpatis, each of which when executed and delivered shall be an original; however, all such counterpaiis together shall constitute, but one and the same instrument. Additionally, the Paiiies acknowledge and agree that the Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. Without limitation, "electronic signature" shall include faxed versions of an original signature, electronically scanned and transmitted versions (e.g. via PDF) of an original signature, or signatures created in a digital format.

SECTION 29. E-VERIFY. The Contractor shall comply with and perform all applicable provisions of Section 448.095, Flor;da Statutes. Accordingly, to the extent required by Florida Statute, Contractor shall register with and use the United States Depatiment of Homeland Security's E-Verify system to verify the work authorization status of all newly hired employees. The District may terminate this Agreement immediately for cause if there is a good faith belief that the Contractor has knowingly violated Section 448.091, Florida Statutes. By entering into this Agreement, the Contractor represents that no public employer has terminated a contract with the Contractor under Section 448.095(2)(c), Florida Statutes, within the year immediately preceding the date of this Agreement.

 	
PIER PARK COMMUNITY DEVELOPMENT DISTRICT

WISLAR CONSTRUCTION LLC
Witness

Exhibit A: Scope of Services

EXHIBIT A

Aaron Vissarreal
Wislar Construction LLC 8113 Annabella's Lane Panama City Beach FL

ESTIMATE

Pier Park
Pier Park Restrooms	Estimate#	0000038

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Estimate Date	03/30/2022

Service	Demo bathroom vanities in both ladies and men's restrooms	12400.60	1.00
reinstall with new vanities. This includes installing all plumbing, quartz countertops and sinks. The quartz will have an apron front and stainless-steel sinks. This price includes all labor and material to complete the job.

NOTES: The edge profile for the quartz will be an eased edge and will include a 4-inch backsplash.	

12,400.60	
	Subtotal	12,400.60	
	Total Amount Paid	12,400.60
0.00	

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Tab 5

AGREEMENT BETWEEN
THE PIER PARK COMMUNITY DEVELOPMENT DISTRICT AND SIMON MANAGEMENT ASSOCIATES, LLC,
FOR PROPERTY MANAGEMENT SERVICES

THIS AGREEMENT is made and entered into effective the 1st day of October, 2009, by and between:

Pier Park Community Development District, a local unit of special-purpose government established and existing pursuant to Chapter 190, Florida Statutes, being situated in the City of Panama City Beach, Florida, with a mailing address at 3434 Colwell Avenue, Suite 200, Tampa, Florida 33614 (the ''District"), and

Simon Management Associates, LLC, a Delaware limited liability company, with a mailing address at 225 W. Washington St.,Indianapolis, Indiana, 46204 ("Simon").

RECITALS

WHEREAS, the District is a local unit of special-purpose government established to fmance, fund, plan, establish, acquire, construct or reconstruct, enlarge and extend, equip, operate and maintain systems, facilities and infrastructure in conjunction with the development oflands within the District; and

WHEREAS, the District has constructed and/or acquired various systems, facilities and infrastructure and other facilities requiring inspection, operation and maintenance services; and

WHEREAS, the District desires to provide property management services for certain improv ments and areas within the development generally known as Pier Park ("District Property"), as more specifically identified in the attached Composite Exhibit A; and

WHEREAS, Simon is a Delaware limited liability company, a corporate subsidiary or affiliate of the major private property owner operating and maintaining various improvements and facilities in close proximity to the District Property; and

WHEREAS, for ease of administration, potential cost savings and the benefits of full time on­ site property management personnel, the District desires to contract with Simon to manage the District Property identified in Composite Exhibit A; and

1

WHEREAS, Simon represents that it is qualified, through its officers, employees, contractors and affiliates, to manage the District Property and desires to contract with the District to do so in accordance with the terms of this Agreement.

Now, THEREFORE in consideration of the recitals, agreements and mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the District and Simon (collectively, the "Parties"), the Parties agree as follows:

SECTION 1.  RECITALS. The recitals so stated are true and correct and by this reference are incorporated into and form a material part of this Agreement.

SECTION 2.	SIMON'S OBLIGATION.

General duties. Simon shall be responsible for management of District Property in an efficient, lawful and satisfactory manner. Simon will provide onsite property management services, including management and oversight of all contractors providing services including landscape, hardscape, stormwater/pond, and irrigation maintenance. Simon shall monitor and manage all utility accounts including water, wastewater, and electric utility accounts. Simon shall provide any needed miscellaneous property management services as necessary to ensure the District services are being adequately performed and District infrastructureimprovements are thus adequately maintained. Simon shall obtain a minimum of three (3) bids for any outside contractual services to be secured. Simon shall be the District liaison for property owner requests, complaints and concerns regarding District field operation and property management issues. Simon shall assist the District Manager in monitoring and tacking field operations and maintenance expenditures and assist in preparation of the District's annual operating budget. Simon shall cooperate and coordinate with all CDD staff (District Engineer, District Manager, and District Counsel) concerning day-to-day operational issues. Simon shall attend all Board of Supervisors' meetings and provide monthly reports to the Board. Provision of security services is not within the scope of Simon's duties.

Inspection. Simon shall conduct regular inspections of all District Property and report any irregularitiesto the District Manager, orhis designated representative,and shall correct any irregularities in accordance with the terms of this Agreement.

Repair and Maintenance. Simon shall make, or cause to be made, such routine repair work or normal maintenance to District Property as may be required for the operation

2

or physical protection of District Property. Simon shall promptly cause emergency repairs to be made when such repairs are necessary for the preservation and safety of persons and/or property, or when the repairs are required to be made to avoid the suspension of any services. Simon shall immediately notify the District Manager, or a designated representative, concerning the need for emergency repairs.

Investigation and Report of .Accidents/Claims. Simon shall promptly notify the District Manager as to all accidents or claims for damage relating to the management of the District and maintenance and operation of District Property. Such report shall at a minimum include a description of any damage or destruction of property. Simon shall cooperate and make any and all reports required by any insurance company or the District in connection with any accident or claim. s·imon shall not file any claims with the District's insurance company without the prior consent of the District Manager or his designee.

Compliance with Government Rules, Regulations, Requirements and Orders. Simon shall take such action as is necessary to comply promptly with any and all orders or requirements affecting District Property placed thereon by any governmental authority having jurisdiction. Simon shall immediately notify the District Manager and District Counsel in writing of all such orders or requirements. At the request of the District, Simon shall prepare for execution and filing by the District any forms, reports or returns which may be required by law in connection with the ownership, maintenance and operation of the District Property.

Adherence to District Rules, Regulations and Policies. To the extent they apply to Simon's performance herein. Simon's personnel shall be familiar with any and all District policies and procedures, if any, and shall ensure that all persons using District Property are informed with respect to the rules, regulations and notices as may be promulgated by the District from time to time and ensure that said persons conform therewith. Simon may adopt such policies and procedures as it deems necessary to the fulfillment of its obligations under this Agreement provided that copies of such policies and procedures shall be provided to the District at all times. Simon assures the District that all third parties will be dealt with at arm's length, and that the District's interest will be best served at all times.

Care of the Property. Simon shall use all due care to protect the property of the District. its residents and landowners from damage by Simon, its employees or contractors. Simon agrees to repair any damage resulting from Simon's activities and work.

3

SECTION 3.  COMPENSATION. The District shall pay Simon the swn of$35,000 annually, for the provision of management and maintenance services pursuant to the.terms of this Agreement. Fees are due and payable in twelve (12) equal installments with each installment due on the first day of each month during which services are to be provided.

SECTION 4.  TERM. This Agreement shall be for an initial term commencing on October 1, 2009, and ending on September 30, 2010, and shall automatically renew for one (1) yearperiods thereafter unless canceled as provided herein. No later than ninety (90) daysprior to the end of each one year term of this Agreement, Simon shall have the right to adjust its monthly management fee, which adjustment shall be provided to the District in writing. The District shall have ninety (90) days to accept the proposed adjustments. If after ninety (90) days the District does not accept the proposed adjustment, Simon, at its option, may terminate this Agreement or continue under the then existing terms and conditions. The District shall have the right to terminate this Agreement effective immediately at any time due to Simon 's failure to perform in accordance with the terms of this Agreement, or upon thirty (30) days written notice without a showing of cause. Simon shall have the right to terminate this Agreement upon thirty (30) days written notice without a showing of cause.

SECTION 5. INSURANCE, Simon shall maintain, at its own expense, insurance during the performance of its services under this Agreement, with limits of liability not less than the following:

Worker's Compensation Insurance in accordance with the laws of the State of Florida.

Commercial General Liability Insurance with limits of not less than $1,000,000 applicable to bodily injury, sickness, or death in any one occurrence and $1,000,000 for loss or damage to property in any one occurrence.

Employer's Liability Coverage with limits of$250,000.

Automobile Liability Insurance for bodily injuries in limits of not less than
$1,000,000 combined single limit bodily injury and for property damage, providing coverage for any accident arising out ofor resulting from the operation, maintenance, or use by Simon of any owned, non-owned, or hired automobiles, trailers, or other equipment required to be licensed.

The District and its staff and supervisors shall be listed as additional insureds with respect to Simon's general liability policies, and no policy may be canceled during the term of this Agreement without at least thirty (30) days written notice to the District. An insurance certificate

4

evidencing compliance with this section shall be sent to the District prior to the commencement of any-perfonnance under this Agreement.

The District shall maintain, at its own expense, insurance during the term of this Agreement with limits of liability not less than the following:

General Liability Insurance with limits of not less than $1,000,000 applicable to bodily injury, sickness or death in any one occurrence and $1,000,000 for loss or damage to property in any one occurrence.

Property Insurance with limits of not less than $380,000 applicable to (the District may provide for additional coverage against casualty or loss as the District determines, in its sole discretion, to be necessary).

Public Officials Liability Insurance with limits of not less than $1,000,000 per occurrence.

Simon shall be listed as an additional insured with respect to the District's general liability insurance. No policy may be canceled during the term of this Agreement without at least thirty (30) days written notice to the District. An insurance certificate evidencing compliance with this section shall be sent to Simon prior to the commencement of any performance under this Agreement.

Simon's insurance shall be primary with respect to any claims arising out of or resulting from acts or omissions of Simon, it officers, agents and/or employees. The District's insurance shall be primary with respect to any claims arising out of or resulting from acts or omissions of the District, its officers, agents and/or employees.

SECTION 6.	INDEMNIFICATION. Simon agrees to indemnify and hold harmless the District and its officers, agents and employees from any and all liability, claims, actions, suits or demands by any person, corporation or other entity for injuries, death, property damage or of any nature, arising out of, or in connection with, the acts or omissions of Simon, its officers, agents or employees, including litigation or any appellate proceedings with respect thereto.

To the extent allowed by law, the District agrees to indemnify and hold harmless Simon and its officers, agents and employees from any and all liability, claims, actions, suits or demands by any person, corporation or other entity for injuries, death, property damage or of any nature, arising out of, or in connection with, the acts or omissions of the District, its officers, agents or employees, including litigation or any appellate proceedings with respect thereto.

5

SECTION 7.	RECOVERY OF COSTS AND FEES. In the event either party to this Agreement is required to enforce this Agreement or any provision hereof by court proceedings or otherwise the prevailing party shall be entitled to recover from the other party all fees and costs incurred, including but not limited to reasonable attorneys' fees incurred prior to or during any litigation or other dispute resolution and including fees incurred in appellate proceedings.

SECTION 8.	LIMITATIONS ON GOVERNMENTAL LIABILITY. Nothing in this Agreement shall be deemed as a waiver of immunity or limits ofliability of the District beyond any statutory limited waiver of immunity or limits of liability which may have been adopted by the Florida Legislature in Section 768.28, Florida Statutes or other statute, and nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law.

SECTION 9.	AsSIGNMENT. Neither theDistrict nor Simon may assign this Agreement without the prior written approval of the other.

SECTION 10. INDEPENDENT CONTRACTOR STATUS. In all matters relating to this Agreement, Simon shall be acting as an independent contractor. Neither Simon nor employees of Simon, ifthere are 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. Simon agrees to assume all liabilities or obligations imposed by any one or more of such laws with respect to employees of Simon, ifthere are any, in the performance of this Agreement. Simon shall µot have any authority to assume or create any obligation, express or implied, on behalf of the District and Simon shall have no authority to represent the District as an agent, employee, or in any other capacity, unless otherwise set forth in this Agreement. Nothing herein shall preclude Simon and the District from entering into separate agreements for the leasing of personnel or sharing of other resources.

SECTIOl'{ 11. HEADINGS FOR CONVENIENCE ONLY. The descriptive headings in this Agreement are for convenience only and shall neither control nor affect the meaning or construction of any of the provisions of this Agreement.

SECTION 12. AGREEMENT. This instrument shall constitute the final and complete expression of this Agreement between the District and Simon r lating to the subject matter of this Agreement.

SECTION 13. AMENDMENTS. Amendments to and waivers of the provisions contained in this Agreement may be made only by an instrument in writing which is executed by both the District and Simon.

6

SECTION 14.  AUTHORIZATION. The execution of this Agreement has been duly authorized by the appropriate body or official of the District and Simon, both the District and Simon have complied with all the requirements of law, and both the District and Simon have full power and authority to comply with the terms and provisions of this instrument.

SECTION 15. NOTICES. All notices, requests, consents and other communications under this Agreement ("Notices") shall be in writing and shall bedelivered, mailed by First Class Mail, postage prepaid, or overnight delivery service, to the parties, as follows:

If to the District:

With a copy to:

If to Simon:

With a copy to:

Pier Park Community Development District 3434 Colwell Avenue, Suite 200
Tampa, Florida 33614 Attn: District Manager

Hopping Green & Sams, P.A.
119 South Monroe Street, Suite 300
Tallahassee, Florida 32301 Attn: Brian A. Crumbaker

Simon Management Associates, LLC c/o Simon Property Group, L.P.
225 W. Washington Street Indianapolis, Indiana 46204 Attn: Chief Operating Officer

Simon Property Group, L.P. 225 W. Washington Street Indianapolis, Indiana 46204 Attn: General Counsel

Except as otherwise provided in this Agreement, any Notice shall be deemed received only upon actual delivery at the address set forth above. Notices delivered after 5:00 p.m. (at the place of delivery).or on a non-business day, shall bedeemed received on the next business day. If any time for giving Notice contained in this Agreement would otherwise expire on a non-business day, the Notice period shall be extended to the next succeeding business day. Saturdays, Sundays, and legal holidays recognized by the United States government shall not be regarded as business days. Counsel for the District and counsel for Simon may deliver Notice on behalf of the District and Simon. Any party or other person to whom Notices are to be sent or copied may notify the other parties and addressees of any change in name or address to which Notices shall be sent by providing the same on five (5) days written notice to the parties and addressees set forth herein.

SECTION 16.  TumD PARTY BENEFICIARIES. This Agreement is solely for the benefit of the District and Simon and no right or cause of action shall accrue ·upon or by reason, to or for the

7

benefit of any third party not a formal party to this Agreement. Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person or corporation other than the District and Simon any right, remedy, or claim under or by reason of this Agreement or any of the provisions or conditions of this Agreement; and all of the provisions, representations, covenants, and conditions contained in this Agreement shall inure to the sole benefit of and shall be binding upon the District and Simon and their respective representatives, successors, and assigns.

SECTION 17. CONTROLLING LAW. This Agreement and the provisions contained in this Agreement shall be construed, interpreted, and controlled according to the laws of the State of Florida.·

SECTION 18. PUBLIC RECORDS. Simon understands and agrees that all documents of any kind provided to the District inconnection with this Agreement may be public records and shall be treated as such in accordance with Florida law.

SECTION 19. SEVERABILITY. The invalidity or unenforceability of any one or more provisions of this Agreement shall not affect the validity or enforceability of the remaining portions of this Agreement, or any part of this Agreement not held to be invalid or unenforceable. ·

SECTION 20.  ARM'S LENGTH TRANSACTION. This Agreement has been negotiated fully between the District and Simon as an arm's length transaction. The District and Simon participated fully in the' preparation of this Agreement with the assistance of their respective counsel. In the case of a dispute concerning the interpretation of any provision of this Agreement, the parties are each deemed tohave drafted, chosen, and selected the language, and any doubtful language will not be interpreted or construed against any party.

[the remainder of this page intentionally left blank]

8

IN WITNESS WHEREOF, the parties execute this agreement the day and year first written above.

Attest:	PffiR PARK COMMUNITY DEVELOPMENT DISTRICT

Print Name:	 Chairperson, Board of Supervisors

SIMON MANAGEMENT ASSOCIATES, LLC, a
Delaware limited liability company
By: SIMON PROPERTY GROUP, L.P., a Delaware
limited partnership
As: Sole member of Simon Management Associates,
LLC
By: SIMON PROPERTY GROUP, INC., a
Delaware corporation
As: General partner of Simon Property Group,

L.P.

U1 ,o

(Print Name ofWitess)

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9

COMPOSITE EXHIBIT A

Infrastructure and Maintenance Responsibility Summary

PARKIMPROVEMENTS
Location of Park Improvements: The Park Improvements are located within the Aaron Bessant Festival Grounds (see attached Exhibit A-1 for general location).

Park Improvements Defmed: Improvements to the Aaron Bessant Festival Grounds, which may include the following:
Restrooms;
Sports fields;
Public parking (includes the Beachfront Public Parking, which consists of any paved and lighted parking spaces located within the Aaron Bessant Festival Grounds on the north side of Front Beach Road counted towards the minimum five hundred (500) Beachfront Public Parking spaces required under the PIPA);
Pedestrian ways;
Stormwater drainage facilities;
Lighting;
Underground utilities;
Grass cover;
Landscaping; and
, 10) Improved pedestrian and vehicular access ways.

Maintenance Responsibility:
District:
Generally: The District is responsible for the maintenance· of the Park Improvements (not including the Festival Hall) at a level necessary to attract high­ quality commercial activity.

Festival Hall at Aaron Bessant Park:
District is responsible for solid waste removal from the Festival Hall.

Beachfront Public Parking :
District is responsible for maintenance in accordance with standard municipal practices.

City: The city is responsible for cleaning up of any portion of the Aaron Bessant Festival Grounds used for a special event sponsored or permitted by the city and for paying for utility services to the Aaron Bessant Festival Grounds. The city is responsible for operating and maintaining the Festival Hall and for paying for utility services to the Festival Hall.

HORIZONTAL INFRASTRUCTURE
Location of Horizontal Infrastructure: The Horizontal Improvements are generally located within the right-of-ways of Pier Park Drive, West Park Drive (south of Pier Park Drive), L.S. Hilton Jr. Drive, Longboard Way, Front Beach Road (within the Pier Park Redevelopment Area and limited solely to landscape improvements), Back Beach Road (south of the roadway within the Pier Park Redevelopment Area), the Access and Parking Easements granted to the city, and within the boundaries of District owned property containing District storm.water facilities and preservation areas (including ponds that may be identified as Pond 3C and 3D upon their conveyance to the District). (see attached Exhibit A-2 for general location).

Horizontal Infrastructure Defmed: Public infrastructure typically furnished in a mixed­ use, commercial and recreational development and dedicated to and accepted by the city, including:
Roads;
Intersections;
CDD Public Parking (includes any paved and lighted parking spaces located within the Pier Park CDD - not within the Beach:front Property or the Aaron Bessant Festival Grounds - and made accessible through an Access and Parking Easement and counted towards the minimum five hundred (500) required Beachfront Public Parking spaces);
Pedestrian ways;
Curbs and sidewalks;
Street lighting;
,7) Stormwater collection transmission and storage capacity;
Landscaping and irrigation systems;
Traffic control devices; and
Signage.

Maintenance Responsibility:
District: The District is responsible for maintenance of all Horizontal Infrastructure accepted by the City and for District owned stormwater facilities and preservation areas at aJevel necessary to attract high quality commercial activity.

City: Water/sewer/reclaimed water improvements are operated and maintained by the city.

ID. BEACHFRONT IMPROVEMENTS
Location of Beachfront Property: The Beachfront Improvements are located within the Beachfront Property which is made up of that portion of the beach located south of Front Beach Road and within the east and west boundaries of the Pier Park Redevelopment Area that is owned by the City (see attached Exhibit A-3 for general location).

Beachfront Improvements Defined: Improvements located on the Beachfront Property (excluding the Leased Beach:front Property), including:
Paving Improvements (thirty five (35) vehicular parking spaces with associated roadway and landscaping improvements lying south of the center line of Front Beach Road (as identified in the First Amendment to the PIPA));
Pedestrian Walkway (1,480 linear feet of concrete sidewalk with associated landscaping, lighting, and fencing lying south of the center line of Front Beach Road (as identified in the First Amendment to the PIPA));
Public Restrooms (the men's and women's public restroom facilities located on the Concession Deck not including men's and women's restrooms necessary to meet the City's code requirements for private businesses located on the Leased Beachfront Property);
Concession Deck (a lighted open wood deck located adjacent to an extension of the Dan Russell Pier, including steps to the sandy beach, on which the Retail/Concession Building (as defined in the Beachfront Lease), Icon Tower (as defined in the Beachfront Lease) and the Public Restrooms will be located; and
5) Pier Access Control Station (access control barrier operated by the City for the Dan Russell Pier).

Maintenance Responsibility:
District: The District is responsible for maintenance of the Paving Improvements, Pedestrian Walkway, Public Restrooms and Concession Deck (excluding any portion of the Concession Deck lying beneath any retail buildings built by the City, which may include a snack bar and tackle shop). The District is responsible for the cost of utilities provided to the Beachfront Improvements (excluding the Pier Access Control Station). The District is not responsible for maintaining any portion of the Beach:front Property leased to a private party.

City: The City is responsible for maintenance of the Dan Russell Pier, including the Pier Access Control Station, bait station, bathrooms and other related facilities located on the Dan Russell Pier and for the payment of utilities provided to the Dan Russell Pier.

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Tab 6

Pier Park Community Development District
www.pierparkcdd.org

Proposed Budget for
Fiscal Year 2022/2023

Table of Contents

Page
General Fund Budget for Fiscal Year 2022/2023	1
General Fund AB Park & Beachfront Budget for Fiscal Year 2022-2023	3
Debt Service Fund Budget for Fiscal Year 2022/2023	5
Assessments Charts for Fiscal Year 2022/2023	6
General Fund Budget Account Category Descriptions	8
Reserve Fund Budget Account Category Descriptions	12
Debt Service Fund Budget Account Category Descriptions	13

1
Adopted Budget
Pier Park Community Development District General Fund
Fiscal Year 2022-2023

Chart of Accounts Classification	
Actual YTD through 03/31/22	Projected Annual Totals 2021/2022	
Annual Budget for 2021/2022	Projected
Budget variance for 2021/2022	
Budget for 2022/2023	Budget
Increase (Decrease) vs 2021/2022	

Comments	
1									
2	REVENUES								
3									
4	Contributions & Donations From Private								
5	Pier Park Owners Association, Inc.	$ 186,278	$ 360,364	$ 360,364	$	-	$	-	$ (360,364)		
6	Special Assessments								
7	Tax Roll*	$	-	$	-	$	-	$	-	$ 360,364	$ 360,364	Tax Roll allocations to be determined upon final roll certifications.	
8	Off Roll*	$	-	$	-	$	-	$	-	$	-	$	-		
9									
10	TOTAL REVENUES	$ 186,278	$ 360,364	$ 360,364	$	-	$ 360,364	$	-		
11									
12	Balance Forward from Prior Year	$	-	$	-	$	-	$	-	$	-	$	-		
13									
14	TOTAL REVENUES AND BALANCE	$ 186,278	$ 360,364	$ 360,364	$	-	$ 360,364	$	-		
15									
16	*Allocation of assessments between the Tax Roll and Off Roll are estimates only and subject to change prior to certification.		
17									
18	EXPENDITURES - ADMINISTRATIVE								
19									
20	Legislative								
21	Supervisor Fees	$	1,600	$	3,200	$	3,200	$	-	$	3,200	$	-	4 Supervisors receive pay/4 Meetings	
22	Financial & Administrative								
23	Administrative Services	$	4,664	$	9,328	$	9,328	$	-	$	9,328	$	-	Maintained at same rate.	
24	District Management	$  15,525	$	31,050	$	31,050	$	-	$	31,050	$	-	Maintained at same rate.	
25	District Engineer	
$	-	
$	10,000	
$	1,200	
$	(8,800)	
$	1,200	
$	-	Maintained at same rate. Projected FY21/22 total includes NTE for
Stormwater Needs Analysis	
26	Trustees Fees	$	2,200	$	3,300	$	3,512	$	212	$	3,750	$	238	Per projected increase.	
27	Assessment Roll	$	-	$	-		$	-	$	5,000	$	5,000	First year use of tax roll.	
28	Financial & Revenue Collections	$	2,625	$	5,250	$	5,250	$	-	$	5,250	$	-	Maintained at same rate.	
29	Accounting Services	$	9,164	$	18,328	$	18,328	$	-	$	18,328	$	-	Maintained at same rate.	
30	Auditing Services	$	-	$	4,400	$	4,400	$	-	$	4,400	$	-	Per agreement - NTE $4,400 through YE 2022	
31	Arbitrage Rebate Calculation	$	-	$	450	$	450	$	-	$	450	$	-	Amtec - $450 yr. through 2024	
32	Public Officials Liability Insurance	$	3,108	$	3,108	$	3,256	$	148	$	3,730	$	474	Per Egis projections.	
33	Legal Advertising	$	1,603	$	3,206	$	2,000	$	(1,206)	$	3,200	$	1,200	Based on projections	
34	Dues, Licenses & Fees	$	175	$	175	$	175	$	-	$	175	$	-	$175 due annually to the State.	
35	ADA Website Hosting, Maintenance,
Remediation and Compliance	
$	2,370	
$	4,740	
$	4,200	
$	(540)	
$	4,740	
$	540	
Per agreements	
36	Legal Counsel								
37	District Counsel	$	8,120	$	16,240	$	42,500	$  26,260	$	42,500	$	-	Maintained at same rate.	
38									
39	Administrative Subtotal	$  51,154	$ 112,775	$ 128,849	$  16,074	$ 136,301	$	7,452		
40									
41	EXPENDITURES - FIELD OPERATIONS								
42									
43	Electric Utility Services								

2
Adopted Budget
Pier Park Community Development District General Fund
Fiscal Year 2022-2023

Chart of Accounts Classification	
Actual YTD through 03/31/22	Projected Annual Totals 2021/2022	
Annual Budget for 2021/2022	Projected
Budget variance for 2021/2022	
Budget for 2022/2023	Budget
Increase (Decrease) vs 2021/2022	

Comments	
44	Utility Services	$  10,847	$	21,694	$	25,000	$	3,306	$	25,000	$	-	Maintained at same rate. Monitor prior to final.	
45	Water-Sewer Combination Services								
46	Utility Services	$	3,568	$	7,136	$	15,500	$	8,364	$	15,500	$	-	Maintained at same rate per historical use. Monitor prior to final.	
47	Stormwater Control								
48	Lake/Pond Bank Maintenance	$	814	$	814	$	4,000	$	3,186	$	4,000	$	-	Maintained at same rate.	
49	Aquatic Maintenance	$	2,591	$	5,182	$	5,183	$	1	$	5,183	$	-	Maintained at same rate.	
50	Stormwater Assessment	$	-	$	41	$	41	$	-	$	41	$	-	Increased based on actuals.	
51	General Liability/Crime Insurance	$	3,882	$	3,882	$	4,635	$	753	$	4,729	$	94	Per Egis projections for FY22/23	
52	Landscape Maintenance	$  44,730	$	55,378	$	55,378	$	-	$ 105,427	$  50,049	Increase reflects consolidating Landscape Maintenance contract.	

53	Landscape Replacement Plants, Shrubs,
Trees	
$	-	
$	6,200	
$	6,200	
$	-		
$	(6,200)	Moved expense to Landscape Maintenance line per contract for
services.	

54	
Landscape - Mulch	
$  14,682	
$	26,025	
$	26,025	
$	-	
$	-	
$ (26,025)	Moved expense to Landscape Maintenance line per contract for
services.	
55	Entry & Walls Beach Ball Maintenance	$	-	$	2,500	$	2,500	$	-	$	2,500	$	-	Maintained at same rate.	
56	Irrigation Maintenance	
$	6,184	
$	12,368	
$	10,000	
$	(2,368)	
$	4,000	
$	(6,000)	Decrease reflects the move of the contractual portion of the expense
to Landscape Maintenance line per contract for services.	
57	Contract Seasonal Maintenance Services	$	3,042	$	6,084	$	5,775	$	(309)	$	-	$	(5,775)	Moved expense to Landscape Maintenance line per contract for	
58	Oak Tree Trimming Services	$	5,720	$	11,440	$	8,000	$	(3,440)	$	8,000	$	-	Maintained at same rate.	
59	Landscape Tree Service	$	6,195	$	12,390	$	10,000	$	(2,390)	$	-	$ (10,000)	Moved expense to Landscape Maintenance line per contract for	
60	Road & Street Facilities								
61	Street/ Parking Lot Sweeping	$	5,786	$	11,573	$	11,500	$	(73)	$	11,701	$	201	Per agreement.	
62	Street Light Decorative Light Maintenance	$	840	$	12,500	$	12,500	$	-	$	4,000	$	(8,500)	Reduced to FY20/21 budget. Increased for FY21/22 for LED	
63	Sidewalk Repair & Maintenance	$	1,953	$	8,500	$	12,870	$	4,370	$	12,870	$	-	Maintained at same rate.	
64	Parking Lot Repair & Maintenance	$	-	$	5,000	$	5,000	$	-	$	5,000	$	-	Maintained at same rate.	
65	Management Contract	$	5,704	$	11,408	$	11,408	$	-	$	11,750	$	342	Slight increase per update to agreement	
66	Contingency								
67	Miscellaneous Contingency	$	-	$	-	$	-	$	-	$	4,362	$	4,362	Slightly reduced to balance budget.	
68									
69	Field Operations Subtotal	$ 116,538	$ 220,115	$ 231,515	$  11,400	$ 224,063	$	(7,452)		
70									
71	TOTAL EXPENDITURES	$ 167,692	$ 332,890	$ 360,364	$  27,474	$ 360,364	$	-		
72									
73	EXCESS OF REVENUES OVER	$  18,586	$	27,474	$	-	$  27,474	$	-	$	-		
74									

3
Adopted Budget
Pier Park Community Development District General Fund AB Park & Beachfront
Fiscal Year 2022/2023

Chart of Accounts Classification	
Actual YTD through 03/31/22	Projected Annual Totals 2021/2022	
Annual Budget for 2021/2022	Projected Budget variance for 2021/2022	
Budget for 2022/2023	Budget
Increase (Decrease) vs 2021/2022	

Comments	
1									
2	REVENUES								
3									
4	Local Business Tax Revenue								
5	Occupational License Tax Revenue	$1,237,010	$ 1,237,010	$ 1,116,549	$ 120,461	$ 334,366	$ (782,183)		
6									
7	TOTAL REVENUES	$1,237,010	$ 1,237,010	$ 1,116,549	$ 120,461	$ 334,366	$ (782,183)		
8									
9	Balance Forward from Prior Year	$	-	$	-	$	-	$	-	$	-	$	-		
10									
11	TOTAL REVENUES AND BALANCE FORWARD	$1,237,010	$ 1,237,010	$ 1,116,549	$ 120,461	$ 334,366	$ (782,183)		
12									
13	*Allocation of assessments between the Tax Roll and Off Roll are estimates only and subject to change prior to certification.		
14									
15	EXPENDITURES - ADMINISTRATIVE								
16									
17	Financial & Administrative								
18	Accounting Services	$	5,688	$	11,377	$	11,377	$	-	$	11,377	$	-	Maintained at same rate.	
19	Debt Service								
20	Promissory Note Payment	$ 410,523	$	800,000	$	800,000	$	-	$	-	$ (800,000)	FY21/22 was last year of payments.	
21									
22	Administrative Subtotal	$ 416,211	$	811,377	$	811,377	$	-	$	11,377	$ (800,000)		
23									
24	EXPENDITURES - FIELD OPERATIONS								
25									
26	Stormwater Control								
27	Lake/Pond Bank Maintenance	$	-	$	625	$	618	$	(7)	$	625	$	7		
28	Aquatic Maintenance	$	1,111	$	2,222	$	2,221	$	(1)	$	2,221	$	-	Maintained at same rate.	
29	Other Physical Environment								
30	Property Insurance	$	11,312	$	11,312	$	13,503	$	2,191	$	13,504	$	1	Based on Egis projections for FY22/23	
31	Landscape - Mulch	$	-	$	10,797	$	10,797	$	-	$	-	$  (10,797)	Moved to Landscape Maintenance line.	
32	Oak Tree Trimming Services	$	-	$	5,280	$	5,280	$	-	$	5,280	$	-	Maintained at same rate, need input.	
33	Landscape Tree Service	$	-	$	5,500	$	13,035	$	7,535	$	-	$  (13,035)	Moved palm trimming to Landscape Maintenance	
34	Street Light Decorative Light Maintenance	$	-	$	8,250	$	8,250	$	-	$	8,250	$	-	Maintained at same rate, need input.	
35	Parking Lot Repair & Maintenance	$	-	$	2,500	$	10,000	$	7,500	$	10,000	$	-	Maintained at same rate.	
36	Street/Parking Lot Sweeping	$	7,051	$	14,102	$	10,500	$	(3,602)	$	10,685	$	185	Per agreement	
37	Parks & Recreation								
38	Management Contract	$	12,961	$	25,922	$	25,922	$	-	$	26,700	$	778	Slight increase per update to agreement	
39	Park Landscape Maintenance	$	-	$	51,717	$	41,357	$  (10,360)	$	51,717	$	10,360	Per agreement. Consolidates contractural landscape services.	
40	Park Landscape Replacement Plants, Shrubs,	$	-	$	2,000	$	2,000	$	-	$	2,000	$	-	Maintained at same rate as needed for replacements.	
41	Beachfront Improvement Landscape Maintenance	$	-	$	23,059	$	4,090	$  (18,969)	$	23,059	$	18,969	Consolidates contractural landscape services.	
42	Beachfront Improvement Landscape Replacement	$	-	$	-	$	2,500	$	2,500	$	2,500	$	-	Maintained, as needed replacements.	
43	Park Restroom Janitorial Service	$	11,797	$	23,594	$	24,192	$	598	$	24,192	$	-	Maintained at same rate, need input.	

4
Adopted Budget
Pier Park Community Development District General Fund AB Park & Beachfront
Fiscal Year 2022/2023

Chart of Accounts Classification	
Actual YTD through 03/31/22	Projected Annual Totals 2021/2022	
Annual Budget for 2021/2022	Projected Budget variance for 2021/2022	
Budget for 2022/2023	Budget
Increase (Decrease) vs 2021/2022	

Comments	

44	
Park Restroom Repair & Maintenance	
$	500	
$	14,500	
$	4,250	
$  (10,250)	
$	4,250	
$	-	Maintained at same rate. Projection includes standard projection
including project to replace vanities.	
45	Beachfront Janitorial Service	$	23,890	$	56,448	$	56,448	$	-	$	56,448	$	-	Maintained at same rate.	

46	
Janitorial Supplies	
$	12,173	
$	24,346	
$	13,000	
$  (11,346)	
$	24,300	
$	11,300	Increased based on projections. Renamed this item to "Janitorial
Supplies" from "Beachfront Janitorial Supplies"	
47	Beachfront Improvement Repairs	$	-	$	7,500	$	10,000	$	2,500	$	10,000	$	-	Maintained at same rate.	
48	Beachfront Improvement/Capital Improvement	$	-	$	4,000	$	8,000	$	4,000	$	8,000	$	-	Replacement of two corroded roll up entry doors.	
49	Beachfront Improvement Electrical Utility	$	1,550	$	3,100	$	3,300	$	200	$	3,300	$	-	Maintain at same rate and monitor prior to final.	
50	Beachfront Improvement Water/Sewer	$	1,636	$	5,640	$	8,500	$	2,860	$	8,500	$	-	Maintain at same rate and monitor prior to final.	
51	Beachfront Improvement Irrigation Repairs	$	-	$	1,500	$	2,000	$	500	$	2,000	$	-	Maintained at same rate.	
52	Park Irrigation Repairs & Maintenance	$	-	$	850	$	1,250	$	400	$	1,250	$	-	Maintained at same rate.	

53	
Park Irrigation Inspection Contract	
$	-	
$	-	
$	5,408	
$	5,408	
$	5,408	
$	-	Maintained at same rate. Moved contractual expenses to Landscape
Maintenance.	
54	Park Solid Waste Removal	$	1,896	$	3,792	$	2,900	$	(892)	$	4,000	$	1,100	Increased based on projections.	
55	Park Recreational Equipment	$	-	$	-	$	4,800	$	4,800	$	4,800	$	-	Maintained at same rate.	
56	Contingency								
57	Miscellaneous Contingency	$	1,986	$	9,500	$	11,051	$	1,551	$	10,000	$	(1,051)		
58									
59	Field Operations Subtotal	$	87,863	$	318,056	$	305,172	$  (12,884)	$ 322,989	$	17,817		
60									
61	TOTAL EXPENDITURES	$ 504,074	$ 1,129,433	$ 1,116,549	$  (12,884)	$ 334,366	$ (782,183)		
62									
63	EXCESS OF REVENUES OVER EXPENDITURES	$ 732,936	$	107,577	$	-	$ 107,577	$	0	$	0		
64									

Pier Park Community Development District
5
Debt Service
Fiscal Year 2022/2023

Chart of Accounts Classification	Series 2014	Budget for 2022/2023	
			
REVENUES			
Special Assessments			
Net Special Assessments	$1,134,489.00	$1,134,489.00	
OLTR/TIR Contribution	$0.00	$0.00	
			
TOTAL REVENUES	$1,134,489.00	$1,134,489.00	

EXPENDITURES			
Administrative			
Financial & Administrative			
Debt Service Obligation	$1,134,489.00	$1,134,489.00	
Administrative Subtotal	$1,134,489.00	$1,134,489.00	
			
TOTAL EXPENDITURES	$1,134,489.00	$1,134,489.00	
			
EXCESS OF REVENUES OVER EXPENDITURES	$0.00	$0.00	

Collection Costs (2%) and Early Payment Discount (4%) applicable to the county:	6.0%

Gross assessments	$1,206,903.19

Notes:
Tax Roll Collection Costs and Early Payment Discount percentages are 6% of Tax Roll. Budgeted net of tax roll assessments. See Assessment Table.

Debt Service

6
PIER PARK COMMUNITY DEVELOPMENT DISTRICT

FISCAL YEAR 2022/2023 O&M AND DEBT SERVICE ASSESSMENT SCHEDULE

2022/2023 O&M Budget		$360,364.00	
Bay County Collection Cost @	2%	$7,667.32	
Early Payment Discount @	4%	$15,334.64	
2022/2023 Total		$383,365.96	

2021/2022 O&M Budget	$0.00		
2022/2023 O&M Budget	$360,364.00		
Total Difference	
$360,364.00		

PER PRODUCT ANNUAL ASSESSMENT	
Proposed Increase / Decrease	

2021/2022	2022/2023	$	%	
Debt Service - Retail/Commercial (1)	
$172,454.63	
$983,274.98	
$810,820.36	
470.16%	
Operations/Maintenance - Retail/Commercial	$0.00	$312,331.73	$312,331.73	(2)	
Total (1)	$172,454.63	$1,295,606.71	$1,123,152.08	651.27%	

Debt Service - Hotel (1)	
$25,544.91	
$145,648.02	
$120,103.11	
470.16%	
Operations/Maintenance - Hotel	$0.00	$46,264.27	$46,264.27	(2)	
Total (1)	$25,544.91	$191,912.29	$166,367.38	651.27%	

Debt Service - Time Share (1)	
$13,676.79	
$77,980.18	
$64,303.39	
470.16%	
Operations/Maintenance - Time Share	$0.00	$24,769.96	$24,769.96	(2)	
Total	$13,676.79	$102,750.15	$89,073.36	651.27%	

(1) Increase in debt assessments are a result of OLTR/TIR contribution decrease.
(2) FY 2022-2023 will be the first time Operations and Maintenance assessments are levied.

Assessment Worksheet

7	
PIER PAR	COMMUNITY DEVE	LOPMENT DISTRICT		
FISCAL YEAR 2022/20	23 	O&M AND DEBT SER	HEDULE	

TOTAL O&M BUDGET			
$360,364.00		
COLLECTION COSTS @		2.0%	$7,667.32		
EARLY PAYMENT DISCOUNTS @		4.0%	$15,334.64		
TOTAL O&M ASSESSMENT			
$383,365.96		

O&M SQ FT	

SERIES 2014 DEBT SERVICE SQ FT (1)	
ALLOCATION OF O&M ASSESSMENT

% OF O&M	TOTAL O&M
ASSESSMENT	BUDGET	ANNUAL ASSESSMENT PER SQ FT

SERIES 2014
O&M	DEBT SERVICE (2)	TOTAL (3)	
PRODUCT					

Retail/Commercial	

1162022	

1162022		

81.47%	

$312,331.73	

$0.27	$0.85	$1.11	
Hotel	172125	172125		12.07%	$46,264.27	$0.27	$0.85	$1.11	
Time Share	92156	92156		6.46%	$24,769.96	$0.27	$0.85	$1.11	
Total Community	1426303	1426303		100.00%	$383,365.96		

LESS: Bay County Collection Costs (2%) and Early Payment Discount Costs (4%)	
($23,001.96)		
Net Revenue to be Collected				
$360,364.00		

(1) Reflects the total square footage with Series 2014 debt outstanding.

(2) Annual debt service assessment per square foot adopted in connection with the Series 2014 bond issue. Annual assessment includes principal, interest, Bay County collection costs and early payment discount costs.

(3) Annual assessment that would appear on November 2022 Bay County property tax bill. Amount shown includes all applicable collection costs. Property owner is eligible for a discount of up to 4% if paid early.	

8

GENERAL FUND BUDGET ACCOUNT CATEGORY DESCRIPTION

The General Fund Budget Account Category Descriptions are subject to change at any time depending on its application to the District. Please note, not all General Fund Budget Account Category Descriptions are applicable to the District indicated above. Uses of the descriptions contained herein are intended for general reference.

REVENUES:

Interest Earnings: The District may earn interest on its monies in the various operating accounts.

Tax Roll: The District levies Non-Ad Valorem Special Assessments on all of the assessable property within the District to pay for operating expenditures incurred during the Fiscal Year. The assessments may be collected in two ways. The first is by placing them on the County’s Tax Roll, to be collected with the County’s Annual Property Tax Billing. This method is only available to land properly platted within the time limits prescribed by the County.

Off Roll: For lands not on the tax roll and that is by way of a direct bill from the District to the appropriate property owner.

Developer Contributions: The District may enter into a funding agreement and receive certain prescribed dollars from the Developer to off-set expenditures of the District.

Event Rental: The District may receive monies for event rentals for such things as weddings, birthday parties, etc.

Miscellaneous Revenues: The District may receive monies for the sale or provision of electronic access cards, entry decals etc.

EXPENDITURES – ADMINISTRATIVE:
Supervisor Fees: The District may compensate its supervisors within the appropriate statutory limits of
$200.00 maximum per meeting within an annual cap of $4,800.00 per supervisor.

Administrative Services: The District will incur expenditures for the day to today operation of District matters. These services include support for the District Management function, recording and preparation of meeting minutes, records retention and maintenance in accordance with Chapter 119, Florida Statutes, and the District’s adopted Rules of Procedure, preparation and delivery of agenda, overnight deliveries, facsimiles and phone calls.

9

District Management: The District as required by statute, will contract with a firm to provide for management and administration of the District’s day to day needs. These service include the conducting of board meetings, workshops, overall administration of District functions, all required state and local filings, preparation of annual budget, purchasing, risk management, preparing various resolutions and all other secretarial duties requested by the District throughout the year is also reflected in this amount.

District Engineer: The District’s engineer provides general engineering services to the District. Among these services are attendance at and preparation for monthly board meetings, review of construction invoices and all other engineering services requested by the district throughout the year.

Disclosure Report: The District is required to file quarterly and annual disclosure reports, as required in the District’s Trust Indenture, with the specified repositories. This is contracted out to a third party in compliance with the Trust Indenture.

Trustee’s Fees: The District will incur annual trustee’s fees upon the issuance of bonds for the oversight of the various accounts relating to the bond issues.

Assessment Roll: The District will contract with a firm to prepare, maintain and certify the assessment roll(s) and annually levy a non-ad valorem assessment for operating and debt service expenses.

Financial & Revenue Collections: Services of the Collection Agent include all functions necessary for the timely billing and collection and reporting of District assessments in order to ensure adequate funds to meet the District’s debt service and operations and maintenance obligations. The Collection Agent also maintains and updates the District’s lien book(s) annually and provides for the release of liens on property after the full collection of bond debt levied on particular properties.

Accounting Services: Services include the preparation and delivery of the District’s financial statements in accordance with Governmental Accounting Standards, accounts payable and accounts receivable functions, asset tracking, investment tracking, capital program administration and requisition processing, filing of annual reports required by the State of Florida and monitoring of trust account activity.

Auditing Services: The District is required annually to conduct an audit of its financial records by an Independent Certified Public Accounting firm, once it reaches certain revenue and expenditure levels, or has issued bonds and incurred debt.

Arbitrage Rebate Calculation: The District is required to calculate the interest earned from bond proceeds each year pursuant to the Internal Revenue Code of 1986. The Rebate Analyst is required to verify that the District has not received earnings higher than the yield of the bonds.

Travel: Each Board Supervisor and the District Staff are entitled to reimbursement for travel expenses per Florida Statutes 190.006(8).

Public Officials Liability Insurance: The District will incur expenditures for public officials’ liability insurance for the Board and Staff.

Legal Advertising: The District will incur expenditures related to legal advertising. The items for which the District will advertise include, but are not limited to meeting schedules, special meeting notices, and public hearings, bidding etc. for the District based on statutory guidelines

10

Bank Fees: The District will incur bank service charges during the year.

Dues, Licenses & Fees: The District is required to pay an annual fee to the Department of Economic Opportunity, along with other items which may require licenses or permits, etc.

Miscellaneous Fees: The District could incur miscellaneous throughout the year, which may not fit into any standard categories.

Website Hosting, Maintenance and Email: The District may incur fees as they relate to the development and ongoing maintenance of its own website along with possible email services if requested.

District Counsel: The District’s legal counsel provides general legal services to the District. Among these services are attendance at and preparation for monthly board meetings, review of operating and maintenance contracts and all other legal services requested by the district throughout the year.

EXPENDITURES - FIELD OPERATIONS:

Electric Utility Services: The District will incur electric utility expenditures for general purposes such as irrigation timers, lift station pumps, fountains, etc.

Street Lights: The District may have expenditures relating to street lights throughout the community. These may be restricted to main arterial roads or in some cases to all street lights within the District’s boundaries.

Solid Waste Removal: The District will incur expenditures related to the removal of garbage and solid waste.

Water-Sewer Utility Services: The District will incur water/sewer utility expenditures related to district operations.

Aquatic Maintenance: Expenses related to the care and maintenance of the lakes and ponds for the control of nuisance plant and algae species.

Lake/Pond Bank Maintenance: The District may incur expenditures to maintain lake banks, etc. for the ponds and lakes within the District’s boundaries, along with planting of beneficial aquatic plants, stocking of fish, mowing and landscaping of the banks as the District determines necessary.

Aquatic Plant Replacement: The expenses related to replacing beneficial aquatic plants, which may or may not have been required by other governmental entities.

General Liability Insurance: The District will incur fees to insure items owned by the District for its general liability needs

Property Insurance: The District will incur fees to insure items owned by the District for its property needs

11

Entry and Walls Maintenance: The District will incur expenditures to maintain the entry monuments and the fencing.

Landscape Maintenance: The District will incur expenditures to maintain the rights-of-way, median strips, recreational facilities including pond banks, entryways, and similar planting areas within the District. These services include but are not limited to monthly landscape maintenance, fertilizer, pesticides, annuals, mulch, and irrigation repairs.

Irrigation Maintenance: The District will incur expenditures related to the maintenance of the irrigation systems.

Irrigation Repairs: The District will incur expenditures related to repairs of the irrigation systems.

Landscape Replacement: Expenditures related to replacement of turf, trees, shrubs etc.

Miscellaneous Fees: The District may incur miscellaneous expenses that do not readily fit into defined categories in field operations.

Street/Parking Lot Sweeping: The District may incur expenses related to street sweeping for roadways it owns or are owned by another governmental entity, for which it elects to maintain.

Sidewalk Repair & Maintenance: Expenses related to sidewalks located in the right of way of streets the District may own if any.

Roadway Repair & Maintenance: Expenses related to the repair and maintenance of roadways owned by the District if any.

Management Contract: The District may contract with a firm to provide for the oversight of its recreation facilities.

Facility Supplies: The District may have facilities that required various supplies to operate.

Gate Maintenance & Repairs: Any ongoing gate repairs and maintenance would be included in this line item.

Janitorial Service: Expenses related to the cleaning of the facility and related supplies.

Park Recreational Equipment Repairs: Expense related to any recreational equipment repairs needed.

Miscellaneous Fees: Monies collected and allocated for fees that the District could incur throughout the year, which may not fit into any standard categories.

Miscellaneous Contingency: Monies collected and allocated for expenses that the District could incur throughout the year, which may not fit into any standard categories.

Capital Outlay: Monies collected and allocated for various projects as they relate to public improvements.

12

RESERVE FUND BUDGET ACCOUNT CATEGORY DESCRIPTION

The Reserve Fund Budget Account Category Descriptions are subject to change at any time depending on its application to the District. Please note, not all Reserve Fund Budget Account Category Descriptions are applicable to the District indicated above. Uses of the descriptions contained herein are intended for general reference.

REVENUES:

Tax Roll: The District levies Non-Ad Valorem Special Assessments on all of the assessable property within the District to pay for operating expenditures incurred during the Fiscal Year. The assessments may be collected in two ways. The first is by placing them on the County’s Tax Roll, to be collected with the County’s Annual Property Tax Billing. This method is only available to land properly platted within the time limits prescribed by the County.

Off Roll: For lands not on the tax roll and that is by way of a direct bill from the District to the appropriate property owner.

Developer Contributions: The District may enter into a funding agreement and receive certain prescribed dollars from the Developer to off-set expenditures of the District.

Miscellaneous Revenues: The District may receive monies for the sale or provision of electronic access cards, entry decals etc.

EXPENDITURES:

Capital Reserve: Monies collected and allocated for the future repair and replacement of various capital improvements such as club facilities, swimming pools, athletic courts, roads, etc.

Capital Outlay: Monies collected and allocated for various projects as they relate to public improvements.

13

DEBT SERVICE FUND BUDGET ACCOUNT CATEGORY DESCRIPTION

The Debt Service Fund Budget Account Category Descriptions are subject to change at any time depending on its application to the District. Please note, not all Debt Service Fund Budget Account Category Descriptions are applicable to the District indicated above. Uses of the descriptions contained herein are intended for general reference.

REVENUES:

Special Assessments: The District may levy special assessments to repay the debt incurred by the sale of bonds to raise working capital for certain public improvements. The assessments may be collected in the same fashion as described in the Operations and Maintenance Assessments.

EXPENDITURES – ADMINISTRATIVE:

Bank Fees: The District may incur bank service charges during the year.

Debt Service Obligation: This would a combination of the principal and interest payment to satisfy the annual repayment of the bond issue debt.

Tab 7

RESOLUTION 2022-07

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE PIER PARKCOMMUNITY DEVELOPMENT DISTRICT APPROVING THE PROPOSED BUDGETS FOR FISCAL YEAR 2022/2023; DECLARING SPECIAL ASSESSMENTS TO FUND THE PROPOSED BUDGETS PURSUANT TO CHAPTERS 170, 190 AND 197, FLORIDA STATUTES; SETTING PUBLIC HEARINGS; ADDRESSING PUBLICATION; ADDRESSING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the District Manager has heretofore prepared and submitted to the Board of Supervisors (“Board”) of the Pier Park Community Development District (“District”) prior to June 15, 2022, the proposed budgets (“Proposed Budgets”) for the fiscal year beginning October 1, 2022 and ending September 30, 2023 (“Fiscal Year 2022/2023”); and

WHEREAS, it is in the best interest of the District to fund the administrative and operations services (together, “Services”) set forth in the Proposed Budgets by levy of special assessments pursuant to Chapters 170, 190 and 197, Florida Statutes (“Assessments”), as set forth in the preliminary assessment roll included within the Proposed Budgets; and

WHEREAS, the District hereby determines that benefits would accrue to the properties within the District, as outlined within the Proposed Budgets, in an amount equal to or in excess of the Assessments, and that such Assessments would be fairly and reasonably allocated as set forth in the Proposed Budgets; and

WHEREAS, the Board has considered the Proposed Budgets, including the Assessments, and desires to set the required public hearings thereon;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE PIER PARKCOMMUNITY DEVELOPMENT DISTRICT:

PROPOSED BUDGETS APPROVED. The Proposed Budgets prepared by the District Manager for Fiscal Year 2022/2023 attached hereto as Exhibit A are hereby approved as the basis for conducting a public hearing to adopt said Proposed Budgets.

DECLARING ASSESSMENTS. Pursuant to Chapters 170, 190 and 197, Florida Statutes, the Assessments shall defray the cost of the Services in the total estimated amounts set forth in the Proposed Budgets. The nature of, and plans and specifications for, the Services to be funded by the Assessments are described in the Proposed Budgets and in the reports (if any) of the District Engineer, all of which are on file and available for public inspection at the “District’s Office,” c/o Governmental Management Services, LLC, 475 West Town Place, Suite 114, St. Augustine, Florida 32092, (904) 940-5850. The Assessments shall be levied within the District on all benefitted lots and lands, and shall be apportioned, all as described in the Proposed Budgets and the preliminary assessment roll included therein. The preliminary assessment roll is also on file and available for public inspection at the District’s Office. The Assessments shall be paid

1

pursuant to the Uniform Method as set forth in Chapter 197, Florida Statutes, or, alternatively, in one or more installments pursuant to a bill issued by the District in November of 2022, and pursuant to Chapter 170, Florida Statutes.

SETTING PUBLIC HEARINGS. Public hearings on said approved Proposed Budget and Assessments are hereby declared and set for:

DATE:	August 8, 2022
HOUR:	10:00 a.m.
LOCATION:	Panama City Beach City Hall
17007 Panama City Beach Parkway Panama City Beach, Florida 32413

TRANSMITTAL OF PROPOSED BUDGETS TO LOCAL GENERAL PURPOSE GOVERNMENT. The District Manager is hereby directed to submit a copy of the Proposed Budgets to Bay County and the City of Panama City Beach at least sixty (60) days prior to the hearing set above.

POSTING OF PROPOSED BUDGETS. In accordance with Section 189.016, Florida Statutes, the District’s Secretary is further directed to post the approved Proposed Budgets on the District’s website at least two (2) days before the budget hearing date as set forth in Section 3, and shall remain on the website for at least forty-five (45) days.

PUBLICATION OF NOTICE. The District shall cause this Resolution to be published once a week for a period of two (2) weeks in a newspaper of general circulation published in Bay County. Additionally, notice of the public hearings shall be published in the manner prescribed by Florida law.

SEVERABILITY. The invalidity or unenforceability of any one or more provisions of this Resolution shall not affect the validity or enforceability of the remaining portions of this Resolution, or any part thereof.

EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption.

PASSED AND ADOPTED THIS 26TH DAY OF MAY 2022.

ATTEST:	PIER PARKCOMMUNITY
DEVELOPMENT DISTRICT

By:	
Secretary/Assistant Secretary	Chairman, Board of Supervisors

Exhibit A: Budgets FY 2022/2023

2

Exhibit A: Budgets FY 2022/2023

3

1
Adopted Budget
Pier Park Community Development District General Fund
Fiscal Year 2022-2023

Chart of Accounts Classification	
Actual YTD through 03/31/22	Projected Annual Totals 2021/2022	
Annual Budget for 2021/2022	Projected
Budget variance for 2021/2022	
Budget for 2022/2023	Budget
Increase (Decrease) vs 2021/2022	

Comments	
1									
2	REVENUES								
3									
4	Contributions & Donations From Private								
5	Pier Park Owners Association, Inc.	$ 186,278	$ 360,364	$ 360,364	$	-	$	-	$ (360,364)		
6	Special Assessments								
7	Tax Roll*	$	-	$	-	$	-	$	-	$ 360,364	$ 360,364	Tax Roll allocations to be determined upon final roll certifications.	
8	Off Roll*	$	-	$	-	$	-	$	-	$	-	$	-		
9									
10	TOTAL REVENUES	$ 186,278	$ 360,364	$ 360,364	$	-	$ 360,364	$	-		
11									
12	Balance Forward from Prior Year	$	-	$	-	$	-	$	-	$	-	$	-		
13									
14	TOTAL REVENUES AND BALANCE	$ 186,278	$ 360,364	$ 360,364	$	-	$ 360,364	$	-		
15									
16	*Allocation of assessments between the Tax Roll and Off Roll are estimates only and subject to change prior to certification.		
17									
18	EXPENDITURES - ADMINISTRATIVE								
19									
20	Legislative								
21	Supervisor Fees	$	1,600	$	3,200	$	3,200	$	-	$	3,200	$	-	4 Supervisors receive pay/4 Meetings	
22	Financial & Administrative								
23	Administrative Services	$	4,664	$	9,328	$	9,328	$	-	$	9,328	$	-	Maintained at same rate.	
24	District Management	$  15,525	$	31,050	$	31,050	$	-	$	31,050	$	-	Maintained at same rate.	
25	District Engineer	
$	-	
$	10,000	
$	1,200	
$	(8,800)	
$	1,200	
$	-	Maintained at same rate. Projected FY21/22 total includes NTE for
Stormwater Needs Analysis	
26	Trustees Fees	$	2,200	$	3,300	$	3,512	$	212	$	3,750	$	238	Per projected increase.	
27	Assessment Roll	$	-	$	-		$	-	$	5,000	$	5,000	First year use of tax roll.	
28	Financial & Revenue Collections	$	2,625	$	5,250	$	5,250	$	-	$	5,250	$	-	Maintained at same rate.	
29	Accounting Services	$	9,164	$	18,328	$	18,328	$	-	$	18,328	$	-	Maintained at same rate.	
30	Auditing Services	$	-	$	4,400	$	4,400	$	-	$	4,400	$	-	Per agreement - NTE $4,400 through YE 2022	
31	Arbitrage Rebate Calculation	$	-	$	450	$	450	$	-	$	450	$	-	Amtec - $450 yr. through 2024	
32	Public Officials Liability Insurance	$	3,108	$	3,108	$	3,256	$	148	$	3,730	$	474	Per Egis projections.	
33	Legal Advertising	$	1,603	$	3,206	$	2,000	$	(1,206)	$	3,200	$	1,200	Based on projections	
34	Dues, Licenses & Fees	$	175	$	175	$	175	$	-	$	175	$	-	$175 due annually to the State.	
35	ADA Website Hosting, Maintenance,
Remediation and Compliance	
$	2,370	
$	4,740	
$	4,200	
$	(540)	
$	4,740	
$	540	
Per agreements	
36	Legal Counsel								
37	District Counsel	$	8,120	$	16,240	$	42,500	$  26,260	$	42,500	$	-	Maintained at same rate.	
38									
39	Administrative Subtotal	$  51,154	$ 112,775	$ 128,849	$  16,074	$ 136,301	$	7,452		
40									
41	EXPENDITURES - FIELD OPERATIONS								
42									
43	Electric Utility Services								

2
Adopted Budget
Pier Park Community Development District General Fund
Fiscal Year 2022-2023

Chart of Accounts Classification	
Actual YTD through 03/31/22	Projected Annual Totals 2021/2022	
Annual Budget for 2021/2022	Projected
Budget variance for 2021/2022	
Budget for 2022/2023	Budget
Increase (Decrease) vs 2021/2022	

Comments	
44	Utility Services	$  10,847	$	21,694	$	25,000	$	3,306	$	25,000	$	-	Maintained at same rate. Monitor prior to final.	
45	Water-Sewer Combination Services								
46	Utility Services	$	3,568	$	7,136	$	15,500	$	8,364	$	15,500	$	-	Maintained at same rate per historical use. Monitor prior to final.	
47	Stormwater Control								
48	Lake/Pond Bank Maintenance	$	814	$	814	$	4,000	$	3,186	$	4,000	$	-	Maintained at same rate.	
49	Aquatic Maintenance	$	2,591	$	5,182	$	5,183	$	1	$	5,183	$	-	Maintained at same rate.	
50	Stormwater Assessment	$	-	$	41	$	41	$	-	$	41	$	-	Increased based on actuals.	
51	General Liability/Crime Insurance	$	3,882	$	3,882	$	4,635	$	753	$	4,729	$	94	Per Egis projections for FY22/23	
52	Landscape Maintenance	$  44,730	$	55,378	$	55,378	$	-	$ 105,427	$  50,049	Increase reflects consolidating Landscape Maintenance contract.	

53	Landscape Replacement Plants, Shrubs,
Trees	
$	-	
$	6,200	
$	6,200	
$	-		
$	(6,200)	Moved expense to Landscape Maintenance line per contract for
services.	

54	
Landscape - Mulch	
$  14,682	
$	26,025	
$	26,025	
$	-	
$	-	
$ (26,025)	Moved expense to Landscape Maintenance line per contract for
services.	
55	Entry & Walls Beach Ball Maintenance	$	-	$	2,500	$	2,500	$	-	$	2,500	$	-	Maintained at same rate.	
56	Irrigation Maintenance	
$	6,184	
$	12,368	
$	10,000	
$	(2,368)	
$	4,000	
$	(6,000)	Decrease reflects the move of the contractual portion of the expense
to Landscape Maintenance line per contract for services.	
57	Contract Seasonal Maintenance Services	$	3,042	$	6,084	$	5,775	$	(309)	$	-	$	(5,775)	Moved expense to Landscape Maintenance line per contract for	
58	Oak Tree Trimming Services	$	5,720	$	11,440	$	8,000	$	(3,440)	$	8,000	$	-	Maintained at same rate.	
59	Landscape Tree Service	$	6,195	$	12,390	$	10,000	$	(2,390)	$	-	$ (10,000)	Moved expense to Landscape Maintenance line per contract for	
60	Road & Street Facilities								
61	Street/ Parking Lot Sweeping	$	5,786	$	11,573	$	11,500	$	(73)	$	11,701	$	201	Per agreement.	
62	Street Light Decorative Light Maintenance	$	840	$	12,500	$	12,500	$	-	$	4,000	$	(8,500)	Reduced to FY20/21 budget. Increased for FY21/22 for LED	
63	Sidewalk Repair & Maintenance	$	1,953	$	8,500	$	12,870	$	4,370	$	12,870	$	-	Maintained at same rate.	
64	Parking Lot Repair & Maintenance	$	-	$	5,000	$	5,000	$	-	$	5,000	$	-	Maintained at same rate.	
65	Management Contract	$	5,704	$	11,408	$	11,408	$	-	$	11,750	$	342	Slight increase per update to agreement	
66	Contingency								
67	Miscellaneous Contingency	$	-	$	-	$	-	$	-	$	4,362	$	4,362	Slightly reduced to balance budget.	
68									
69	Field Operations Subtotal	$ 116,538	$ 220,115	$ 231,515	$  11,400	$ 224,063	$	(7,452)		
70									
71	TOTAL EXPENDITURES	$ 167,692	$ 332,890	$ 360,364	$  27,474	$ 360,364	$	-		
72									
73	EXCESS OF REVENUES OVER	$  18,586	$	27,474	$	-	$  27,474	$	-	$	-		
74									

3
Adopted Budget
Pier Park Community Development District General Fund AB Park & Beachfront
Fiscal Year 2022/2023

Chart of Accounts Classification	
Actual YTD through 03/31/22	Projected Annual Totals 2021/2022	
Annual Budget for 2021/2022	Projected Budget variance for 2021/2022	
Budget for 2022/2023	Budget
Increase (Decrease) vs 2021/2022	

Comments	
1									
2	REVENUES								
3									
4	Local Business Tax Revenue								
5	Occupational License Tax Revenue	$1,237,010	$ 1,237,010	$ 1,116,549	$ 120,461	$ 334,366	$ (782,183)		
6									
7	TOTAL REVENUES	$1,237,010	$ 1,237,010	$ 1,116,549	$ 120,461	$ 334,366	$ (782,183)		
8									
9	Balance Forward from Prior Year	$	-	$	-	$	-	$	-	$	-	$	-		
10									
11	TOTAL REVENUES AND BALANCE FORWARD	$1,237,010	$ 1,237,010	$ 1,116,549	$ 120,461	$ 334,366	$ (782,183)		
12									
13	*Allocation of assessments between the Tax Roll and Off Roll are estimates only and subject to change prior to certification.		
14									
15	EXPENDITURES - ADMINISTRATIVE								
16									
17	Financial & Administrative								
18	Accounting Services	$	5,688	$	11,377	$	11,377	$	-	$	11,377	$	-	Maintained at same rate.	
19	Debt Service								
20	Promissory Note Payment	$ 410,523	$	800,000	$	800,000	$	-	$	-	$ (800,000)	FY21/22 was last year of payments.	
21									
22	Administrative Subtotal	$ 416,211	$	811,377	$	811,377	$	-	$	11,377	$ (800,000)		
23									
24	EXPENDITURES - FIELD OPERATIONS								
25									
26	Stormwater Control								
27	Lake/Pond Bank Maintenance	$	-	$	625	$	618	$	(7)	$	625	$	7		
28	Aquatic Maintenance	$	1,111	$	2,222	$	2,221	$	(1)	$	2,221	$	-	Maintained at same rate.	
29	Other Physical Environment								
30	Property Insurance	$	11,312	$	11,312	$	13,503	$	2,191	$	13,504	$	1	Based on Egis projections for FY22/23	
31	Landscape - Mulch	$	-	$	10,797	$	10,797	$	-	$	-	$  (10,797)	Moved to Landscape Maintenance line.	
32	Oak Tree Trimming Services	$	-	$	5,280	$	5,280	$	-	$	5,280	$	-	Maintained at same rate, need input.	
33	Landscape Tree Service	$	-	$	5,500	$	13,035	$	7,535	$	-	$  (13,035)	Moved palm trimming to Landscape Maintenance	
34	Street Light Decorative Light Maintenance	$	-	$	8,250	$	8,250	$	-	$	8,250	$	-	Maintained at same rate, need input.	
35	Parking Lot Repair & Maintenance	$	-	$	2,500	$	10,000	$	7,500	$	10,000	$	-	Maintained at same rate.	
36	Street/Parking Lot Sweeping	$	7,051	$	14,102	$	10,500	$	(3,602)	$	10,685	$	185	Per agreement	
37	Parks & Recreation								
38	Management Contract	$	12,961	$	25,922	$	25,922	$	-	$	26,700	$	778	Slight increase per update to agreement	
39	Park Landscape Maintenance	$	-	$	51,717	$	41,357	$  (10,360)	$	51,717	$	10,360	Per agreement. Consolidates contractural landscape services.	
40	Park Landscape Replacement Plants, Shrubs,	$	-	$	2,000	$	2,000	$	-	$	2,000	$	-	Maintained at same rate as needed for replacements.	
41	Beachfront Improvement Landscape Maintenance	$	-	$	23,059	$	4,090	$  (18,969)	$	23,059	$	18,969	Consolidates contractural landscape services.	
42	Beachfront Improvement Landscape Replacement	$	-	$	-	$	2,500	$	2,500	$	2,500	$	-	Maintained, as needed replacements.	
43	Park Restroom Janitorial Service	$	11,797	$	23,594	$	24,192	$	598	$	24,192	$	-	Maintained at same rate, need input.	

4
Adopted Budget
Pier Park Community Development District General Fund AB Park & Beachfront
Fiscal Year 2022/2023

Chart of Accounts Classification	
Actual YTD through 03/31/22	Projected Annual Totals 2021/2022	
Annual Budget for 2021/2022	Projected Budget variance for 2021/2022	
Budget for 2022/2023	Budget
Increase (Decrease) vs 2021/2022	

Comments	

44	
Park Restroom Repair & Maintenance	
$	500	
$	14,500	
$	4,250	
$  (10,250)	
$	4,250	
$	-	Maintained at same rate. Projection includes standard projection
including project to replace vanities.	
45	Beachfront Janitorial Service	$	23,890	$	56,448	$	56,448	$	-	$	56,448	$	-	Maintained at same rate.	

46	
Janitorial Supplies	
$	12,173	
$	24,346	
$	13,000	
$  (11,346)	
$	24,300	
$	11,300	Increased based on projections. Renamed this item to "Janitorial
Supplies" from "Beachfront Janitorial Supplies"	
47	Beachfront Improvement Repairs	$	-	$	7,500	$	10,000	$	2,500	$	10,000	$	-	Maintained at same rate.	
48	Beachfront Improvement/Capital Improvement	$	-	$	4,000	$	8,000	$	4,000	$	8,000	$	-	Replacement of two corroded roll up entry doors.	
49	Beachfront Improvement Electrical Utility	$	1,550	$	3,100	$	3,300	$	200	$	3,300	$	-	Maintain at same rate and monitor prior to final.	
50	Beachfront Improvement Water/Sewer	$	1,636	$	5,640	$	8,500	$	2,860	$	8,500	$	-	Maintain at same rate and monitor prior to final.	
51	Beachfront Improvement Irrigation Repairs	$	-	$	1,500	$	2,000	$	500	$	2,000	$	-	Maintained at same rate.	
52	Park Irrigation Repairs & Maintenance	$	-	$	850	$	1,250	$	400	$	1,250	$	-	Maintained at same rate.	

53	
Park Irrigation Inspection Contract	
$	-	
$	-	
$	5,408	
$	5,408	
$	5,408	
$	-	Maintained at same rate. Moved contractual expenses to Landscape
Maintenance.	
54	Park Solid Waste Removal	$	1,896	$	3,792	$	2,900	$	(892)	$	4,000	$	1,100	Increased based on projections.	
55	Park Recreational Equipment	$	-	$	-	$	4,800	$	4,800	$	4,800	$	-	Maintained at same rate.	
56	Contingency								
57	Miscellaneous Contingency	$	1,986	$	9,500	$	11,051	$	1,551	$	10,000	$	(1,051)		
58									
59	Field Operations Subtotal	$	87,863	$	318,056	$	305,172	$  (12,884)	$ 322,989	$	17,817		
60									
61	TOTAL EXPENDITURES	$ 504,074	$ 1,129,433	$ 1,116,549	$  (12,884)	$ 334,366	$ (782,183)		
62									
63	EXCESS OF REVENUES OVER EXPENDITURES	$ 732,936	$	107,577	$	-	$ 107,577	$	0	$	0		
64									

Pier Park Community Development District
5
Debt Service
Fiscal Year 2022/2023

Chart of Accounts Classification	Series 2014	Budget for 2022/2023	
			
REVENUES			
Special Assessments			
Net Special Assessments	$1,134,489.00	$1,134,489.00	
OLTR/TIR Contribution	$0.00	$0.00	
			
TOTAL REVENUES	$1,134,489.00	$1,134,489.00	

EXPENDITURES			
Administrative			
Financial & Administrative			
Debt Service Obligation	$1,134,489.00	$1,134,489.00	
Administrative Subtotal	$1,134,489.00	$1,134,489.00	
			
TOTAL EXPENDITURES	$1,134,489.00	$1,134,489.00	
			
EXCESS OF REVENUES OVER EXPENDITURES	$0.00	$0.00	

Collection Costs (2%) and Early Payment Discount (4%) applicable to the county:	6.0%

Gross assessments	$1,206,903.19

Notes:
Tax Roll Collection Costs and Early Payment Discount percentages are 6% of Tax Roll. Budgeted net of tax roll assessments. See Assessment Table.

Debt Service

6
PIER PARK COMMUNITY DEVELOPMENT DISTRICT

FISCAL YEAR 2022/2023 O&M AND DEBT SERVICE ASSESSMENT SCHEDULE

2022/2023 O&M Budget		$360,364.00	
Bay County Collection Cost @	2%	$7,667.32	
Early Payment Discount @	4%	$15,334.64	
2022/2023 Total		$383,365.96	

2021/2022 O&M Budget	$0.00		
2022/2023 O&M Budget	$360,364.00		
Total Difference	
$360,364.00		

PER PRODUCT ANNUAL ASSESSMENT	
Proposed Increase / Decrease	

2021/2022	2022/2023	$	%	
Debt Service - Retail/Commercial (1)	
$172,454.63	
$983,274.98	
$810,820.36	
470.16%	
Operations/Maintenance - Retail/Commercial	$0.00	$312,331.73	$312,331.73	(2)	
Total (1)	$172,454.63	$1,295,606.71	$1,123,152.08	651.27%	

Debt Service - Hotel (1)	
$25,544.91	
$145,648.02	
$120,103.11	
470.16%	
Operations/Maintenance - Hotel	$0.00	$46,264.27	$46,264.27	(2)	
Total (1)	$25,544.91	$191,912.29	$166,367.38	651.27%	

Debt Service - Time Share (1)	
$13,676.79	
$77,980.18	
$64,303.39	
470.16%	
Operations/Maintenance - Time Share	$0.00	$24,769.96	$24,769.96	(2)	
Total	$13,676.79	$102,750.15	$89,073.36	651.27%	

(1) Increase in debt assessments are a result of OLTR/TIR contribution decrease.
(2) FY 2022-2023 will be the first time Operations and Maintenance assessments are levied.

Assessment Worksheet

7	
PIER PAR	COMMUNITY DEVE	LOPMENT DISTRICT		
FISCAL YEAR 2022/20	23 	O&M AND DEBT SER	HEDULE	

TOTAL O&M BUDGET			
$360,364.00		
COLLECTION COSTS @		2.0%	$7,667.32		
EARLY PAYMENT DISCOUNTS @		4.0%	$15,334.64		
TOTAL O&M ASSESSMENT			
$383,365.96		

O&M SQ FT	

SERIES 2014 DEBT SERVICE SQ FT (1)	
ALLOCATION OF O&M ASSESSMENT

% OF O&M	TOTAL O&M
ASSESSMENT	BUDGET	ANNUAL ASSESSMENT PER SQ FT

SERIES 2014
O&M	DEBT SERVICE (2)	TOTAL (3)	
PRODUCT					

Retail/Commercial	

1162022	

1162022		

81.47%	

$312,331.73	

$0.27	$0.85	$1.11	
Hotel	172125	172125		12.07%	$46,264.27	$0.27	$0.85	$1.11	
Time Share	92156	92156		6.46%	$24,769.96	$0.27	$0.85	$1.11	
Total Community	1426303	1426303		100.00%	$383,365.96		

LESS: Bay County Collection Costs (2%) and Early Payment Discount Costs (4%)	
($23,001.96)		
Net Revenue to be Collected				
$360,364.00		

(1) Reflects the total square footage with Series 2014 debt outstanding.

(2) Annual debt service assessment per square foot adopted in connection with the Series 2014 bond issue. Annual assessment includes principal, interest, Bay County collection costs and early payment discount costs.

(3) Annual assessment that would appear on November 2022 Bay County property tax bill. Amount shown includes all applicable collection costs. Property owner is eligible for a discount of up to 4% if paid early.	

STAFF REPORTS

District Counsel

District Engineer

District Manager

Property Manager

AUDIENCE COMMENTS AND SUPERVISORS REQEUST

ADJOURNMENT