Hacienda Lakes Community Development District
707 Orchid Drive, Naples, FL 34102
P. 239-269-1341

BOARD OF SUPERVISORS	Monday, May 15, 2023, 9:00 a.m.
HACIENDA LAKES COMMUNITY	4001 Tamiami Trail North, Suite 300
DEVELOPMENT DISTRICT	Naples, Florida 34103

Roll Call.

Public Comments on Agenda Items.

Organizational Matters:

Acceptance of Supervisor Maritza Aguiar’s resignation.	Exhibit 1

Appointment of Jason Tomassetti to Seat 1

Administration of Oath of Office to Supervisor Tomassetti.

Guide to Sunshine Amendment and Code of Ethics for Public Officers and Employees

Consideration of Resolution 2023-3 – Designation of Officers of the Hacienda
Lakes Community Development District.	Exhibit 2

Consideration of Resolution 2023-4: A Resolution of the Board of Supervisors of Hacienda Lakes Community Development District approving a proposed budget for Fiscal Year 2023-2024 and setting a public hearing date thereon pursuant to Florida Law.

Administrative Matters

Exhibit 3

Approval of Minutes of the February 27, 2023 Meeting.	Exhibit 4

Ratification of the Right-of-Way Subordination Consent Joinder	Exhibit 5

Consideration of Resolution 2023-5: A Resolution of the Board of Supervisors of Hacienda Lakes Community Development District establishing policies and procedures relating to the review of requests for encroachments into drainage easements dedicated or granted to the Distict; and providing for severability and an effective date.

Note: Updated from Resolution 2021-6 to add additional fees.

Business Matters

None to be considered at this time.

Financial Matters

Exhibit 6

Acceptance of April 2023 Financial Statements	Exhibit 7

Staff Reports.

Manager.

Audit Update

Esplanade & Azure Lake Updates

Sable Palm Culvert Cleaning Update

Esplanade HOA presentation

Number of Registered Voters	Exhibit 8

Legal Counsel.

Engineer.

Public Comments.

Supervisors’ Requests.

Adjournment.

EXHIBIT 1

Russ Weyer

From:
Sent:
To:
Cc:
Subject:

Maritza Aguiar < maguiar@fl-star.com> Monday, March 6, 2023 8:09 AM
Russ Weyer Jason Tomassetti
Hacienda Lakes CDD And Hacienda Lakes North

Good Morning

I am sorry to inform to you that I am resigning from the above to boards and in lieu of this please add Jason Tomassetti

His email is: jtomassetti@fl-star.com Thank you,

Maritza Aguiar

1

EXHIBIT 2

RESOLUTION 2023-3

A RESOLUTION OF THE BOARD OF SUPERVISORS OF HACIENDA LAKES COMMUNITY DEVELOPMENT DISTRICT RE-DESIGNATING THE OFFICERS OF THE DISTRICT FOR FISCAL YEAR 2022-2023 AND PROVIDING FOR EFFECTIVE DATE.

WHEREAS, the Board of Supervisors of Hacienda Lakes Community Development District desires to elect the below recited persons to the office specified.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF HACIENDA LAKES COMMUNITY DEVELOPMENT DISTRICT
The following persons are appointed to the offices shown, to wit: Robert Mulhere	Chairman
Clifford Olson	Vice Chairman
Russ Weyer	Secretary
Russ Weyer	Treasurer
Jason Tomassetti	Assistant Secretary
Wayne Martin	Assistant Secretary
Tom Bothe	Assistant Secretary

This Resolution shall become effective immediately upon its adoption.

PASSED AND ADOPTED this 15th day of May, 2023.

ATTEST:

HACIENDA LAKES COMMUNITY DEVELOPMENT DISTRICT

 	
Secretary / Assistant Secretary	Chairman / Vice Chairman

EXHIBIT 3

RESOLUTION 2023-4

A RESOLUTION OF THE BOARD OF SUPERVISORS OF HACIENDA LAKES COMMUNITY DEVELOPMENT DISTRICT APPROVING A PROPOSED BUDGET FOR FISCAL YEAR 2023-24 AND SETTING A PUBLIC HEARING THEREON PURSUANT TO FLORIDA LAW; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the District Manager has heretofore prepared and submitted to the Board of Supervisors (the “Board”) a proposed budget for Fiscal Year 2023-24 prior to June 15, 2023, a copy of which is attached hereto and made a part hereof as Exhibit “A”; and

WHEREAS, the Board has considered said proposed budget and desires to set the required public hearing thereon.

NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF HACIENDA LAKES COMMUNITY DEVELOPMENT DISTRICT:

SECTION 1. That the foregoing whereas clauses are true and correct and incorporated herein as if written into this Section.

SECTION 2. The proposed Budget submitted by the District Manager for Fiscal Year 2023-24 and attached hereto as Exhibit “A” is hereby approved as the basis for conducting a public hearing to adopt said budget.

SECTION 3. A public hearing on said approved budget is hereby declared and set for the following date, hour and location:

DATE:	Monday, August 21, 2023
HOUR:	9:00 a.m.
LOCATION:	8490 Viale Circle
Naples, FL 34114

SECTION 4. The District Manager is hereby directed to submit a copy of the proposed budget to Collier County at least sixty (60) days prior to the hearing date set forth above.

SECTION 5. Notice of this public hearing on the budget shall be published in a newspaper of general circulation in the area of the district once a week for two (2) consecutive weeks, except that the first publication shall not be fewer than fifteen (15) days prior to the date of the public hearing. The notice shall further contain a designation of the day, time, and place of the public hearing. Further, in accordance with Section 189.418, Florida Statutes the proposed budget will be posted on the District’s website at least two days prior to budget public hearing. At the time and place designated in the notice, the Board shall hear all objections to the budget as proposed and may make such changes as the board deems necessary.

SECTION 6. 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.

1

SECTION 7. All Resolutions, sections or parts of sections of any Resolutions or actions of the Board of Supervisors in conflict are hereby repealed to the extent of such conflict.

SECTION 8. This Resolution shall take effect immediately upon adoption.

PASSED AND ADOPTED this 15th day of May, 2023, by the Board of Supervisors of Hacienda Lakes Community Development District, Collier County, Florida.

HACIENDA LAKES COMMUNITY
Attest:	DEVELOPMENT DISTRICT

Secretary	Chairman/Vice Chairman

2

3

4

5

6

EXHIBIT 4

1	HACIENDA LAKES COMMUNITY DEVELOPMENT DISTRICT
2	Suite 100, 707 Orchid Drive
3		Naples, FL 34102	
4
5
6	MINUTES OF MEETING
7
8	Board of Supervisors Meeting
9	Monday, February 27, 2023 9:34 a.m.
10	4001Tamiami Trail North, Suite 300
11	Naples, Florida 34103
12
13
14	Present and constituting a quorum were:
15
16	Wayne J. Martin	Board Member
17	Tom Bothe	Board Member
18	Bob Mulhere	Board Member 19
20	Also present were:
21
22	Russ Weyer	District Manager, Real Estate Econometrics, Inc.
23	Greg Urbancic	District Counsel,
24	Coleman, Yovanovich & Koester, P.A.
25	David Torres	Hacienda Lakes of Naples, LLC
26	Terry Cole	District Engineer, Hole Montes 27
28
29
30	FIRST ORDER OF BUSINESS	Call to Order and Roll Call
31
32	Mr. Weyer called the meeting to order and proceeded with the roll call. The members in
33	attendance are as outlined above. 34
35	SECOND ORDER OF BUSINESS
36
37	Mr. Weyer noted that the Florida Statutes require that there be an opportunity for Public
38	Comment.
39
40	There were no public comments. 41
42
43
44

1

1	THIRD ORDER OF BUSINESS	Organizational Matters
2
3	A.	Lake Bank Maintenance Program Update.
4
5	Mr. Weyer presented photos of the lake bank maintenance program underway with the
6	$60,000 from Taylor Morrison. He said that the program is about two-thirds completed
7	and should be completed in the next week. 8
9	B.	Monument Sign Lighting Update.
10
11	Mr. Weyer noted that some of the lights were out on the south side and the original installer
12	of the lights checked on the lights and discovered that eight bulbs were out. He replaced
13	them and fixed a couple of connections. There was not charge as the fixes were under
14	warranty.
15
16	C.	Azure Lakes Update
17
18	Mr. Weyer brought the Board up to date on the “eyebrow” lakes at Azure. 19
20	D.	Mid-Season Landscaping Update.
21
22	Mr. Weyer said that the winter plantings are complete and we are replacing plants that are
23	past maturity. The plantings are within the budget. Mr. Bothe asked about the landscaping
24	outside of the wall along the apartment complex.	Mr. Torres said that they will be
25	landscaped and the CDD will maintain the landscaping up to the wall. 26
27	FOURTH ORDER OF BUSINESS	Administrative Matters
28
29	E.	Approval of Minutes of the November 21, 2022 Landowner Meeting.
30

On MOTION by Mr. Bothe and seconded by Mr. Mulhere, with all in favor, the Board of Supervisors of the Hacienda Lakes Community Development District approved the Minutes of the November 21, 2022 Landowner Meeting.

31	There were no changes noted from the Board. 32
33
34
35
36
37	F.	Approval of Minutes of the November 21, 2022 General Meeting.
38

On MOTION by Mr. Martin and seconded by Mr. Mulhere, with all in favor, the Board of Supervisors of the Hacienda Lakes Community Development District approved the Minutes of the November 21, 2023 General Meeting.

39	There were no changes noted from the Board. 40
41
42
43
44
45

2

1
2	G.	Azure Lot 196 Easement Encroachment Agreement
3
This agreement was brought forth at the November board meeting and was rejected by the
Board. Since that time, Mr. Weyer said that he, Mr. Cole, the pool contractor, the builder
(Toll Brothers) and the owner met and walked the site. 7
Mr. Cole pointed out that the only item in the easement are paver blocks.	There is a
drainage pipe that goes right along the edge of the property line under the pavers and is 6
to 12 inches outside of the fence. He noted that the County approved the pool plan before
letting the CDD know it is in their easement. 12
Mr. Urbancic suggested a tweak to the language to say: “Owners aware that there is a 12”
HDPE drainage pipe in or immediately adjacent to the drainage easement that will require
maintenance repair from time to time which may impact the improvements.” 16
Mr. Mulhere asked if that also says that any impact on the owner’s improvements will be
borne by the owner. Mr. Urbancic affirmed that is in the agreement. 19
Mr. Mulhere said that there should be some sort of punitive charge if these are approved

On MOTION by Mr. Mulhere subject to requiring a $3,000 fee to recoup the time spent reviewing this application and seconded by Mr. Martin, with all in favor, the Board of Supervisors of the Hacienda Lakes Community Development District approved the Azure Lot 196 Easement Encroachment Agreement.

and this should start with this application. 22
23
24
25
26
27
28	Mr. Urbancic suggested that we revised the procedure agreement to include the language
29	that if an easement encroachment agreement is refiled after denial, the cost is double the
30	$600 initial application fee plus administrative time and costs. 31
32	H.	ADP Cancellation
33
34	Mr. Weyer said that the contract with ADP payroll services has been cancelled. The Board
35	determined that the issuance of Form 1099s at year end would save the District money. 36
37	FIFTH ORDER OF BUSINESS	Business Matters
38
39	Nothing to consider at this time. 40
41

3

1	SIXTH ORDER OF BUSINESS	Budgetary Matters
2
3	A.	Acceptance of the January 2023 Financial Statements
4
Mr. Weyer presented the District’s January 2023 Financial Statements. He shared the cash
flow, budget to actual for the general fund and the two bond issues, balance sheet and the
general fund analysis. The cash flow shows a significant surplus because a large amount
of that cash flow is the debt service assessments that were transferred in February to the
Trustee accounts. The budget to actual indicates that the District is in positive shape both
from the general fund and two bond issue accounts. The budget to actual is misleading as
it compares the cash flow through January while the budget shows the entire fiscal year. 12
The general fund analysis shows a general fund balance of $511,041.  Line items that
comprise that total are the remaining FY 2023 budget (assessments are in for the year but
we have 9 months of expenses (approximately $16,000/month) remaining including two
months of next year until the new assessments arrive), pump replacement reserve, lake
bank restoration reserve, Taylor Morrison lake bank repair fund and debt service funds to
be transferred to the Trustee.	In total, the District has $116,584.64 in left over cash as
identified as general reserves. 20

On MOTION by Mr. Mulhere and seconded by Mr. Martin, with all in favor, the Board of Supervisors of the Hacienda Lakes Community Development District accepted the District’s January 2023 Financial Statements as presented.

21	There was no further discussion. 22
23
24
25
26
27
28	SEVENTH ORDER OF BUSINESS	Financing Matters
29
30	There were none to be considered at this time. 31
32	EIGHTH ORDER OF BUSINESS	Staff Reports
33
34
35	Manager’s Report –
36
1. Mr. Weyer provided an audit update. Turned in the financials and working through the
first open items list. 39
2. Mr. Weyer made two presentations on the CDD to the Azure HOA. He will be setting up
the same type of meeting for Esplanade. 42
3. Mr. Weyer is setting up the HOA/CDD lake bank meeting and a CDD presentation meeting
with the Esplanade HOA. He is working with Tom Aragno, the Esplanade HOA President. 45
46

4

1	Attorney’s Report –
2
3	Mr. Urbancic had nothing further to report. 4
5	Engineer’s Report –
6
7	Mr. Cole reported that he put down two dates to look at Sable Palm culverts and look at
8	Azure lakes.
9
10	NINTH ORDER OF BUSINESS	Supervisors’ Requests
11
12	None at this time. 13
14	TENTH ORDER OF BUSINESS	Public Comments
15
Mr. Torres reported that he thinks there should be a three-party agreement between
Hacienda Lakes of Naples, Hacienda Lakes CDD and the Hacienda North CDD that
stipulates who is responsible for what so that there is no question in the future. 19
Mr. Torres also said there should be agreements along Rattlesnake Hammock Road
developments and the CDD for the landscaping that is not in the road right of way but
outside the walls of the developments. Mr. Weyer said he will prepare a map and
highlight the areas that need agreements. 24
25
26	ELEVENTH ORDER OF BUSINESS	Adjournment
27

On MOTION by Mr. Bothe and seconded by Mr. Martin, with all in favor, the meeting of the Board of Supervisors of the Hacienda Lakes Community Development District was adjourned.

28
29
30
31
32
33
34
35	 		 		
36	Secretary/Assistant Secretary	Chairperson/Vice-Chairperson	
37			
38			
39			
40	 		 		
41	Print Name	Print Name	
42			

5

EXHIBIT 5

PROJECT: 90000 PARCEL: 202FEE FOLIO No: 00417760108

SUBORDINATION, CONSENT AND JOINDER

THIS SUBORDINATION, CONSENT AND JOINDER given this 	 day of 	, 2023 by HACtENDA LAKES COMMUNITY DEVELOPMENT
DISTRICT, whose mailing address is c/o Real Estate Econometrics, Inc., 707 Orchid Drive, Suite 100, Naples, Florida 34102 (hereinafter referred to as "Hacienda Lakes"), in favor of COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County").

WI T N E S S ET H:

WHEREAS, Hacienda Lakes is the holder of that certain Deed of Utility Easement by and between Hacienda Lakes and Wilton Land Company, LLC, recorded on October 5, 2015, in Official Records Book 5201, Page 2074 et seq. of the Public Records of Collier County, Florida (hereinafter referred to as "Easement"), encumbering the premises legally described therein (hereinafter referred to as the "Encumbered Property");

WHEREAS, County has requested that Hacienda Lakes consent to join in and subordinate its interest in the Encumbered Property to the interest in which the County has in the premises legally described in Exhibit "A", attached hereto, and incorporated herein by virtue of this reference (which premises are hereinafter referred to as the "Easement Property"), to which request Hacienda Lakes has agreed.

NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Hacienda Lakes does hereby consent to, join in, and subordinate its interest in the Easement to the conveyance of that certain Warranty Deed to the County over, under, upon and across the Easement Property and any interest of County in any improvements located therein or affixed thereto. Except as subordinated to the fee simple interest described herein over, under, upon and across the Easement Property, or any improvements located therein or affixed thereto, said Utility Easement shall remain in full force and effect. This Subordination is effective whether County acquires the property through donation, negotiated sale, or by eminent domain.

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

IN WITNESS WHEREOF, Hacienda Lakes has caused these presents to be
executed this   	day of 	,2023,

"n"eOss  N(SigJnaMtu(re)i.«	
Name:	L\('t.-W\ t-		
(Print or type)
dLb-A-1<IJ'

Ana

Witness (Signaturer' 
Name:DeborCth.  K,l) 	O If-..,
(Print or type)

'
  TNET  f&UW,

HACIENDA	LAKES	COMMUNITY DEVELOPMENT DISTRICT

.	-

By:
( ature)
'/Ct>b½/CT	 IA
(Print Name)
	DD  Chct,,,r e,c..n
(Title)

The person whose signature appears above has qualified
authority to sign and has reviewed this document and supporting documentation prior to signing.

The foregoing Subordination, Consent and Joinder was acknowledged rr/ore me
bymeans  of	physical presence or O online notarization this		day of

·	IU' icur

,	2023	by	{(ob.tit± :J,fl,!o lh.N	,	as

District, who:

YM (){. vi	, on behalf of Hacienda Lakes Community Development

Lis personally	known	to	me	OR

who	has	produced

	 as proof of identity.

(affix notarial seal)

4¼o	 Vsvt
\-:itgnature of Notary Public)

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STE?;-iA.'<IE 1(.00L

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Sondtd through National Notiry Assn.

S ()Vlav1re t,<avt>I
(Print Name of Notary Public)
NOTARY PUBLIC	:½

Serial/Con:,m!sslon #. (if any) S{1	
My Comm1ss1on Expires: 1,-	- 7

Approved as to form and legalityR

17

DEREK D. PERRY, ESQ. \)
Assistant County Attorney

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Exhibit "A"

A PARCEL LYING IN
SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.

(COMPENSATING RIGHT OF WAYJ

A TRACT OR PARCEL OF LANO SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 £AST, BEING A PART OF THE PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 6117, PAGE 9, COlUER COUNTY PUBLIC RECORDS ANO BEING FURTHER BOUNDED ANO DESCRIBED AS FOLLOWS:

COMMENCING ATTHE NORTHEAST CORNER OFTRACT R·l,HAOENDA LAKES OF NAPLES, PLAT BOOK SS, PAGE 10, SAID PUBLIC RECORD!:.; THENCE s.s,•37•31•w. ALONG THE NORTH LINE OF SAID TRACT R-1 AND THE SOUTH LINE OF SAID SECTION 14, FOR 147.95 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 14 ON THE BOt,JNDMV OF TRACT
FD·2, SAID HACIENDA LAKES OF NAPLES; THENCE N.00•4s•oo·e. ALONG THE BOUNDARY OF SAID TRACT F0-2 ANO THE NORTH•SOUTH QUARTER SECTION LINE OF SAID SECTION 14, FOR 41.95 FEET TO THE NORTH RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD AS DESCRIBED IN OfflCIAL RECORDS BOOK 5201, PAGE 2129 ANO OFf'ICIAl RECORDS BOOK S201, PAGE 2138, SAID PUBLIC RECORDS AND THE POINT OF BEGINNING; THENCE s.so-46'57-W. ALONG SAID RIGHT OF WAY LINE FOR 99,80 FEET; THENCE S.87"37'3l"W. ALONG SAID RIGHT OF WAY LINE FOR 272.70 FEET; THENCE N.02·22•29•w. FOR 12.00 FEET; THENCE N.87.37'3l"E. PARALLEL WITH AND 12.00 FEET NORTH OF (AS MEASURED ON A PERPENDICULAR) SAID NORTH RIGHT OF WAV LINE OF RATTLESNAKE HAMMOCl< ROAD FOR 371.79 FEET TO SAID BOUNDARY OF TRACT F0·2 AND SAID NORTH-SOUTH QUARTER SECTION LINE; THENCE S.00"48'00'W. ALONG SAID BOUNDARY AND SAID QUARTER SECTION LINE FOR 0.11 FEET TO SAID NORTH RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD, AND THE POINT OF 81:GINNING.

SAID PARCEL CONTAINS 3872.34 SQUARE FEET OR 0.09 ACRES, MORE OR l.ESS.

BEARINGS ARE BASED ON SOUTH LINE Of SECTION 14 AS BEARING N.87.37'31"E.

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EXHIBIT 6

RESOLUTION NO. 2023-5

A RESOLUTION OF THE BOARD OF SUPERVISORS OF HACIENDA LAKES COMMUNITY DEVELOPMENT DISTRICT ESTABLISHING POLICIES AND PROCEDURES RELATING TO THE REVIEW OF REQUESTS FOR ENCROACHMENTS INTO DRAINAGE EASEMENTS DEDICATED OR GRANTED TO THE DISTRICT; AND PROVIDING FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE.

WHEREAS, Hacienda Lakes Community Development District (the “District”) is organized for purposes which include ownership and operation of certain public infrastructure within or benefiting the residential developments comprising Hacienda Lakes; and

WHEREAS, throughout the year, the District receives various requests by certain property owners seeking to install improvements within a drainage easement dedicated or granted to the District (“Encroachment Agreement Request”); and

WHEREAS, it is not practical, expeditious or economical to arrange and hold meetings of the Board of Supervisors (the “Board”) each time an Encroachment Agreement Request is received from a property owner; and

WHEREAS, the Board desires to approve policies and procedures for the review and approval (if applicable) of an Encroachment Agreement Request. And, further, with respect to any Encroachment Agreement Request approved pursuant to the policies and procedures by the Chairman or the Vice Chairman (in the Chairman’s absence), such individual shall have the authority to execute necessary documentation in connection with the approval of such Encroachment Agreement Request.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF HACIENDA LAKES COMMUNITY DEVELOPMENT DISTRICT:

Section 1.  Recitals. The foregoing recitals are true and correct and incorporated herein as if written into the body of this Resolution.

Section 2. Encroachment Policies and Procedures. The Encroachment Policies and Procedures attached hereto and made a part of this Resolution as Exhibit “A” are hereby approved for use by the District.

Section 3. Form of Encroachment Application Instructions. The form of the Encroachment Application Instructions attached hereto and made a part of this Resolution as Exhibit “B” is hereby approved for use by the District in substantially the form attached.

Section 4. Form of Encroachment Agreement. The form of the Encroachment Agreement attached hereto and made a part of this Resolution as Exhibit “C” is hereby approved for use by the District in substantially the form attached.

1

Section 5. Authorized Officer. The Chairman or the Vice Chairman (in the Chairman’s absence) is hereby designated by the District and authorized by the District to carry out the policies and procedures set forth herein with regard to Encroachment Agreement Requests.

Section 6. Continuing Effect. The policies and procedures attached to this Resolution as Exhibit “A”, the form of application instructions attached to this Resolution as Exhibit “B”, and the form of the agreement attached to this Resolution as Exhibit “C” shall stay in full force and effect until such time as the Board may amend or rescind said policies, procedures, application instructions or agreement form(s), as applicable.

Section 7. Subsequent Presentation to the Board. A copy of any approved Encroachment Agreement Request and any corresponding documents required pursuant to this Resolution shall be made available to the Board for informational purposes only at its next regularly scheduled meeting following approval; provided, however, that any failure to present said approved Encroachment Agreement Request shall not affect the validity or implementation of this Resolution.

Section 8. Severability. Should any sentence, section, clause, part or provision of this Resolution be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Resolution as a whole, or any part thereof, other than the part declared invalid.

Section 9.  Conflicts. All Sections or parts of Sections of any Resolutions or actions of the Board in conflict are hereby repealed to the extent of such conflict.

Section 10.	Effective Date. This Resolution shall take effect immediately upon adoption.

PASSED AND ADOPTED this 	day of August, 2021.

HACIENDA LAKES COMMUNITY DEVELOPMENT
Attest:	DISTRICT

G. Russell Weyer, Secretary	Robert J. Mulhere, Chairman

2

Exhibit “A” Encroachment Policies and Procedures

Generally

For purposes of these Encroachment Policies and Procedures, an “Encroachment” shall mean any proposed encroachment of any improvement of a property owner, including but not limited to, fences, air conditioning equipment/concrete pads, pool equipment/concrete pads, generators, pavers, and sidewalks, into a drainage easement dedicated or granted to the District.

Attached as Exhibit “B” are the Encroachment Application Instructions for a property owner that desires to submit an application to the District (“Encroachment Application”) for the District to approve an Encroachment. The District Manager may develop and establish an application consistent with the Encroachment Application Instructions to facilitate the intake of requests for Encroachments.

The Encroachment Application shall be sent by the District Manager to the Chairman (or the Vice Chairman in the Chairman’s absence) and the District Engineer. The Chairman (or the Vice Chairman in the Chairman’s absence), in consultation with the District Engineer and District Manager, shall review the Encroachment Application materials and determine whether to approve, approve with conditions or deny the Encroachment Application.

The District reserves the right to deny any Encroachment Application or impose any conditions on an Encroachment Application based on considerations that the District deems necessary or appropriate including, without limitation, impacts on the District’s stormwater management system; impacts on or interference with any buried pipes; access to lakes, drainage and stormwater management facilities; potential damage to drainage and stormwater management improvements; and safety.

To the extent the Encroachment Application is to be approved, the property owner will be required to enter into an Encroachment Agreement with the District, which agreement will specify the terms of Encroachment being permitted. The form Encroachment Agreement attached as Exhibit “C” to these Encroachment Policies and Procedures is hereby approved for use as a form by the District as appropriate. If after applicable review, an Encroachment Application is set to be approved, the Encroachment Agreement will be finalized by District Counsel. Further, because it is recognized that circumstances may arise where property conditions necessitate certain modifications to the form Encroachment Agreement or where a property owner may request certain modifications to the form Encroachment Agreement, the Chairman (or the Vice Chairman in the Chairman’s absence) shall be permitted, after consultation and approval by District Counsel and District Manager, to make modifications to the form Encroachment Agreement, provided such modifications do not materially and unreasonably alter the intent, purpose and protection provided to the District by the form Encroachment Agreement. The Chairman (or Vice Chairman in the Chairman’s absence) is hereby designated by the District and authorized by the District to execute, when appropriate, the Encroachment Agreement in connection with any approved Encroachment.

Exhibit “B”
Form of Encroachment Application Instructions

HACIENDA LAKES COMMUNITY DEVELOPMENT DISTRICT ENCROACHMENT AGREEMENT APPLICATION INSTRUCTIONS
Attached to these instructions is a template of the Encroachment Agreement typically used by Hacienda Lakes Community Development District (“District”) when a landowner desires to encroach into a Drainage Easement (“Drainage Easement”) dedicated or granted to the District. Please familiarize yourself with the terms and conditions of the form agreement prior to submitting the application. All potential encroachments into the Drainage Easement, including but not limited to, fences, air conditioning equipment/concrete pads, pool equipment/concrete pads, generators, pavers, and sidewalks (each, an “Improvement”), are reviewed on a case-by-case basis and may be approved, approved with conditions or denied by the District in its discretion.
INSTRUCTIONS:
The property owner seeking an Encroachment Agreement must provide to the District the following information:

Landowner’s name (exactly as shown on title to the property), physical address, folio number, and contact information.

A description of the Improvement that will encroach into the Drainage Easement, including copies of professional plans and specifications and permits and approvals applied for or received. The plans should include details regarding the construction of the Improvements.

A letter of acknowledgement and approval of the Improvement, as described in the plans and specifications, from any applicable homeowners’ association.

Proof of ownership of landowner's property (i.e. copy of deed to landowner’s property).

A copy of the applicable subdivision plat.

A copy of a land survey depicting the proposed encroachment area into the Drainage Easement. The survey shall include surveyed as-builts of existing facilities within the encroachment area.

Any other information reasonably requested by the District and pertaining to the proposed Improvement.

The landowner is responsible for paying all costs incurred by the District with respect to the landowner’s request to encroach into a Drainage Easement, including all legal and professional fees and any other fees and costs incurred by the District. Owner shall include a nonrefundable Application Fee in the amount of $600.00 with the application materials. The application fee must be paid by check to “Hacienda Lakes Community Development District”. In the event that the actual costs for legal and professional fees and any other fees and costs incurred by the District in connection with the Encroachment Agreement exceed $600.00, then landowner will be required to pay such costs prior to the District’s approval and execution of the Encroachment Agreement. To the extent the District approves allowing the encroachment, the landowner and the District will sign

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an Encroachment Agreement and the landowner will be responsible for the recording fee associated with recording the document in the Public Records of Collier County, Florida. The recording fee is estimated to be $61.00.

The application information and documentation listed above and the application fee must be delivered to the District, c/o the District Manager, 707 Orchid Drive, Suite 100, Naples, FL 34102.

Following receipt of the above, the District will review the application and make a determination whether to approve, approve with conditions or deny the application.

Any changes to the Encroachment Agreement or any provision thereof, must be approved by District Counsel prior to execution and recording by the District.

Landowner is solely responsible for obtaining permits and approvals of government agencies, homeowners’ associations, or any other person or entity having jurisdiction over the property or the improvements, including all costs thereof. Nothing in the Encroachment Agreement shall constitute any acknowledgement, approval or waiver by the District of any requirement, permit, or approval of any applicable government agency, homeowners’ association, or any other person or entity having jurisdiction over the property or the improvements.

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Exhibit “C”
Encroachment Agreement

This instrument was prepared without an opinion of title and after recording return to:
Gregory L. Urbancic, Esq.
Coleman, Yovanovich & Koester, P.A. 4001 Tamiami Trail North, Suite 300
Naples, Florida 34103
(239) 435-3535

ENCROACHMENT AGREEMENT

THIS ENCROACHMENT AGREEMENT (this “Agreement”) is made this 	day of
	, 2021, by and between HACIENDA LAKES COMMUNITY DEVELOPMENT DISTRICT (“District”) and 	(“Owner”).

RECITALS

Owner  is  the  owner  in  fee  simple  of  that  certain  real  property  located  at
	, Naples, FL 34114, which real property is legally described as follows (the “Owner’s Property”):

Lot 	, 		, according to the plat thereof as recorded in Plat Book 	, Pages     through   , inclusive, of the Public Records of Collier County, Florida.

Pursuant to the terms of the plat of 		, a subdivision according to the plat thereof, as recorded in Plat Book  , Pages  through  , inclusive, of the Public Records of Collier County, Florida (the “Plat”), the 	side of the Owner’s Property is subject to and encumbered by a {7.5’ drainage easement} (the “Drainage Easement”). District is the owner and holder of rights in the Drainage Easement.

Owner intends to construct and maintain certain improvements (collectively, the “Improvements”) that will partially encroach into the Drainage Easement (the “Encroachment”) as shown on the site plan attached as Exhibit “A” and made a part of this Agreement (the “Site Plan”).

The parties to this Agreement have reached certain understandings with regard to the Encroachment and now desire to set forth their understandings in writing for recordation.

AGREEMENT

NOW, THEREFORE, the parties agree as follows:

Recitals. The foregoing recitals are true and correct and incorporated by reference into this Agreement.

Consent to the Encroachment and Covenant not to Construct. Subject to the terms of this Agreement, District hereby expressly consents to the Encroachment and Owner, for itself and on behalf of all of its heirs, successors and/or assigns agrees and covenants that, in consideration for such consent by District, no portion of the Improvements encroaching into the Drainage Easement shall ever be expanded or increased beyond that which is permitted herein. In the event District determines that, notwithstanding Owner’s agreement to the restrictive covenant set forth herein, any portion of the Improvements within the

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Drainage Easement has been expanded or increased or Owner has otherwise constructed or installed improvements beyond or in addition to the permitted Improvements in the Drainage Easement in violation of the terms hereof, and gives written notice to Owner of such determination, Owner or its successors and/or assigns shall have thirty (30) calendar days to correct such violation at its sole cost and expense after such written notice is actually received or deemed to have been received, whichever is earlier. In the event such violation is not corrected within such thirty (30) day period, Owner expressly agrees District may, and hereby further authorizes District to, take all steps necessary to remove such violating improvements, including, but not limited to, the right to enter onto the Owner’s Property. Owner acknowledges that the Encroachment into the Drainage Easement is by consent of District and not by any claim of some other right.

Owner’s Responsibilities. Owner agrees to, and acknowledges the following responsibilities as a condition to District’s consent to the Encroachment:

Owner shall be fully responsible, at Owner’s sole cost and expense, for the installation, operation, and maintenance of the Improvements, including any permits or approvals required for the work;

Owner shall use a licensed and insured contractor to perform any installation and maintenance work pursuant to this Agreement;

Owner shall ensure the installation, operation, and maintenance of the Improvements are conducted in compliance with all applicable laws;

Owner shall ensure the installation, operation, and maintenance of the Improvements does not damage any property of District, or any third-party’s property, and in the event of any such damage, Owner shall immediately repair the damage at Owner’s sole cost and expense;

Owner shall continue to operate, maintain, and repair the Improvements, in good and proper working condition and repair;

Except as to the approved Encroachment approved herein, Owner shall ensure that District has access through the Drainage Easement to and from components of District’s stormwater management system to allow District to operate, maintain and repair the same, as needed; and

Owner shall maintain the Drainage Easement free from any construction, materialmen’s or mechanic’s liens and claims or notices with respect to such liens and claims, which arise by reason of Owner’s exercise of rights under this Agreement, and Owner shall immediately discharge any such claim of lien at Owner’s sole cost and expense.

Additional Costs. In the event that at any time subsequent to the execution of this Agreement the Encroachment encumbers or inconveniences District’s use of the Drainage Easement (including, without limitation, the maintenance, repair, and/or replacement of improvements within or adjacent to the Drainage Easement such as buried pipes or other drainage lines), District will make reasonable efforts to work around the Encroachment; provided, however, that Owner shall pay for all of District’s costs associated with working around the Encroachment to the extent that such costs would not have been incurred but for the Encroachment. Said additional costs are, at the election of District, to be paid to District in advance of any work to be performed by District. District shall be the sole judge of such incremental costs. Only if District, in its sole judgment, is not able to work around the Encroachment, will District mandate that the Encroachment be moved or removed, at no cost to District, as then may be needed to allow District the needed use of the Drainage Easement. If Owner fails to remove the Encroachment

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after written request of District, District may remove the Encroachment and charge Owner for the cost thereof. Removal of the Encroachment will be the last alternative solution of any such use problem(s) unless the incremental cost of the least expensive and viable alternative solution exceeds the cost of removal.

Indemnification. In order to induce District to consent to the Encroachment, as evidenced by this Agreement, Owner hereby agrees to fully protect, indemnify, defend, save and hold District, and its supervisors, officers, employees, agents, administrators, and all of their respective heirs, successors and assigns (collectively, the “Indemnified Parties”), harmless from and against any and all claims, damages, expenses, costs, charges, obligations, liabilities, fees, penalties, assessments, taxes, losses, etc. of any kind or nature whatsoever, whether mature or not, in law or in equity, whether as a result of settlement, litigation or arbitration which may be incurred or suffered by one or more of the Indemnified Parties arising out of, relating to or resulting from the construction, use, maintenance and occupation of the Encroachment and any removal of any improvements within the Encroachment, and in all events including, but not limited to, any and all attorneys’ fees, court costs, and including costs incurred in any appellate proceedings, or costs of arbitration and all expenses in defending same, in connection with any and all of the above.

Other Approvals. Owner shall be responsible for obtaining any and all approvals of any other entity having an interest in the Drainage Easement, including, without limitation, Collier County and the Hacienda Lakes Homeowners’ Association, Inc.

Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties, their respective heirs, successor and assigns forever. This Agreement, the rights and privileges herein granted and the burdens imposed hereby shall be perpetual and shall run with and bind Owner’s Property.

Governing Law / Venue. This Agreement shall be construed in accordance with Florida law (exclusive of choice of law rules). Venue for any action arising hereunder shall lie exclusively in Collier County, Florida.

Prevailing Party. The prevailing party in any litigation arising out of this Agreement shall be entitled to recover from the non-prevailing party all attorneys’ fees, paralegal fees, and costs incurred in connection with such litigation, whether pre-trial, at trial, in arbitration, on appeal, or otherwise.

Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstances shall, to any extent, be declared invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, such term or provision shall be modified to the minimum extent necessary to make it or its application valid and enforceable, and the validity and enforceability of all other provisions of this Agreement and all other applications of any such term or provision shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

Modifications. This Agreement may not be modified in any respect whatsoever or rescinded, in whole or in part, except by written instrument duly executed and acknowledged by both of the Parties.

Severability. In the event any term or provision of this Agreement is determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be construed or deleted as such authority determines, and the remainder of this Agreement shall be construed to be in full force and effect.

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Integration. This Agreement embodies the entire understanding of the parties with respect to the subject matter contemplated herein, and the terms hereof control over and supersede all prior and contemporaneous understandings pertaining to the subject matter hereof.

Interpretation. This Agreement has been negotiated fully between the parties as an arms’ length transaction. Both parties participated fully in the preparation of this Agreement. In the case of a dispute concerning the interpretation of any provision of this Agreement, both parties are deemed to have drafted, chosen, and selected the language, and the doubtful language will not be interpreted or construed against any party.

Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original as against any party who signature appears thereon and all of which shall together constitute one and the same instrument.

Termination. This Agreement shall continue in full force and effect until terminated by recording an instrument in the Public Records of Collier County, Florida, signed by the parties or their successors and assigns to this Agreement or upon the removal by Owner of the Encroachment.

(Remainder of Page Intentionally Left Blank. Signatures Begin on Next Page.)

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The parties have executed this Agreement as of the date first written above.

DISTRICT:

HACIENDA LAKES COMMUNITY DEVELOPMENT DISTRICT

ATTEST:

By:	
G. Russell Weyer, Secretary	Robert J. Mulhere, Chairman

STATE OF FLORIDA	)
) ss.
COUNTY OF COLLIER	)

The foregoing instrument was acknowledged before me by means of ( ) physical presence or ( ) online notarization this 	day of 	, 2021, by Robert J. Mulhere, as Chairman of Hacienda Lakes Community Development District, on behalf of said community development district, who is ( ) personally known to me or ( ) has produced 		as evidence of identification.

(SEAL)

NOTARY PUBLIC
Name:	
(Type or Print) My Commission Expires:

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OWNER:

Print Name: 	

Print Name: 	

STATE OF FLORIDA	)
) ss.
COUNTY OF COLLIER	)

The foregoing instrument was acknowledged before me by means of ( ) physical presence or ( ) online notarization this 	day of 	, 2021, by 	
	,	who	(  )	is/are	personally	known	to	me	or	(  )	have/has	produced
	as evidence of identification.

(SEAL)

NOTARY PUBLIC
Name:	
(Type or Print) My Commission Expires:

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EXHIBIT “A”
Site Plan

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EXHIBIT 7

Hacienda Lakes Community Development District Cash Flow
October 2021 - April 2022	

Total	
Income		
1361001 Interest Revenue	147.98	
1363116 Off Roll Assessments	1,838.76	
1363118 Excess Commission Refund	10,140.52	
1363216 On Roll O&M Assessments	318,018.03	
1363218 O&M Assessment Discount	-11,264.56	
1363220 O&M On Roll Commission	-6,164.67	
Total Income	$	312,716.06	
Gross Profit	$	312,716.06	
Expenses		
1100000 Administrative		
1511001 P/R - Board of Supervisors		688.80	
1511119 Payroll Service Fee		708.81	
1512100 Management Consulting Services		24,500.00	
1513014 Website Hosting & Management		1,049.98	
1513020 Office Expense		23.08	
1513048 District Filing Fee		175.00	
1513055 Legal Advertising		255.50	
1513060 Assessment Administration Servi		2,703.34	
1513075 Accounting Services		3,500.00	
1513080 Engineering Services		9,172.75	
1513100 Insurance- General Liability		6,127.00	
1514010 Legal Services		3,255.00	
1549001 Miscellaneous Services		2,079.31	
Total 1100000 Administrative	$	54,238.57	
1160000 Field Operations			
1531010 Electricity - General		8,617.21	
1572010 LANDSCAPING & MAINTENANCE		44,655.75	
1572013 Irrigation Pump Maintenance		280.00	
1572014 Irrigation Repairs		5,248.09	
1572015 Mulch Installation		6,000.00	
1572016 Plant Replacement		9,158.34	
1572018 Tree Trimming		7,750.00	
1572030 Lake Maintenance		17,456.53	
1572040 Signage		1,990.00	
1572042 Holiday Decorations		5,500.00	
1572060 Water Use Monitoring		1,925.00	
Total 1160000 Field Operations	$	108,580.92	
Total Expenses	$	162,819.49	
Net Cash Flow	$	149,896.57	

Hacienda Lakes Community Development District October 2022 - April 2023

Actual	
Budget	Over/Under
Budget	
Revenue
1361001 Interest Revenue	
147.98		
147.98	
1363116 Off Roll Assessments	1,838.76	46,906.44	-45,067.68	
1363118 Excess Commission Refund	10,140.52		10,140.52	
1363216 On Roll O&M Assessments	318,018.03	173,518.31	144,499.72	
1363218 O&M Assessment Discount	-11,264.56		-11,264.56	
1363220 O&M On Roll Commission	-6,164.67		-6,164.67	
Total Revenue	$ 312,716.06	$ 220,424.75	$	92,291.31	
Expenses
1100000 Administrative			
0.00	
1511001 P/R - Board of Supervisors	688.80	3,500.00	-2,811.20	
1511115 Payroll Taxes-FICA		624.75	-624.75	
1511119 Payroll Service Fee	708.81	392.56	316.25	
1512100 Management Consulting Services	24,500.00	24,500.00	0.00	
1513000 Miscellaneous Expense		437.50	-437.50	
1513014 Website Hosting & Management	1,049.98	1,458.31	-408.33	
1513015 Storage		525.00	-525.00	
1513020 Office Expense	23.08		23.08	
1513040 Regulatory and Permit Fees		102.06	-102.06	
1513048 District Filing Fee	175.00		175.00	
1513055 Legal Advertising	255.50	1,750.00	-1,494.50	
1513060 Assessment Administration Servi	2,703.34	9,333.31	-6,629.97	
1513063 Assessment Roll Preparation		2,916.69	-2,916.69	
1513070 Auditing Services		3,791.69	-3,791.69	
1513075 Accounting Services	3,500.00	3,500.00	0.00	
1513080 Engineering Services	9,172.75	5,833.31	3,339.44	
1513100 Insurance- General Liability	6,127.00	3,645.81	2,481.19	
1514010 Legal Services	3,255.00	5,833.31	-2,578.31	
1549001 Miscellaneous Services	2,079.31		2,079.31	
Total 1100000 Administrative	$  54,238.57	$  68,144.30	-$	13,905.73	
1160000 Field Operations			0.00	
1531010 Electricity - General	8,617.21	8,750.00	-132.79	
1572010 LANDSCAPING & MAINTENANCE	44,655.75	51,520.00	-6,864.25	
1572012 Irrigation Pump Replacement		14,583.31	-14,583.31	
1572013 Irrigation Pump Maintenance	280.00	1,750.00	-1,470.00	
1572014 Irrigation Repairs	5,248.09	10,500.00	-5,251.91	
1572015 Mulch Installation	6,000.00	5,833.31	166.69	
1572016 Plant Replacement	9,158.34	14,583.31	-5,424.97	
1572017 Sod Replacement		5,833.31	-5,833.31	
1572018 Tree Trimming	7,750.00	4,666.69	3,083.31	
1572020 Wetland Monitoring		875.00	-875.00	
1572030 Lake Maintenance	17,456.53	18,510.31	-1,053.78	
1572035 Lake Testing		2,100.00	-2,100.00	
1572040 Signage	1,990.00		1,990.00	
1572042 Holiday Decorations	5,500.00	3,500.00	2,000.00	
1572044 Pressure Cleaning		875.00	-875.00	
1572050 Street Sweeping		350.00	-350.00	
1572060 Water Use Monitoring	1,925.00	1,925.00	0.00	
1572065 SFWMD ERP Annual Report		875.00	-875.00	
1572070 Fountain Maintenance		875.00	-875.00	
1572080 Sable Palm Culvert Cleaning		4,375.00	-4,375.00	
Total 1160000 Field Operations	$ 108,580.92	$ 152,280.24	-$	43,699.32	
Total Expenses	$ 162,819.49	$ 220,424.54	-$	57,605.05	
Net Cash Flow	$ 149,896.57	$	0.21	$	149,896.36	
Net Income	$ 149,896.57	$	0.21	$	149,896.36	

HLCDD General Fund Analysis
April 30, 2023

Fund Type	Amount	

Bank Balance 1/31/23:	
$405,902.00	
Remaining FY 2023 Budget:	97,711.81	
Pump Replacement Reserve:	100,000.00	
Lake Bank Restoration:	25,000.00	
Taylor Morrision Lake Repair Fund:	60,000.00	
Debt Service Funds to be Transferred:	18,000.00	

General Reserves:	
	$105,190.19	

EXHIBIT 8

Jennifer J. Edwards Supervisor of Elections Collier County, Florida

April 17 2023

Mr. Russ Weyer
Real Estate Ecomometrics Hacienda Lakes CDD
707 Orchid Drive Suite 100
Naples, FL 34102

Dear Mr. Weyer,

In compliance with 190.06 of the Florida Statutes, this letter is to inform you that the official records of the Collier County Supervisor of Election indicate 1355 active registered voters residing in the Hacienda Lakes CDD as of April 15, 2022.

Should you have any question regarding election services for this district please feel free to contract our office.

Sincerely,

David B Carpenter Qualifying Officer
Collier County Supervisor of Elections 3750 Enterprise Ave
(239) 252-8501
Dave.Carpenter@colliervotes.gov

.