Bainebridge Community Development District

Board of Supervisors’ Meeting
March 16, 2023

District Office: 2806 N. Fifth Street Unit 403
St. Augustine, FL 32084

www.bainebridgecdd.org

BAINEBRIDGE COMMUNITY DEVELOPMENT DISTRICT
Bainebridge Amenity Center, 15855 Twin Creek Drive, Jacksonville, FL 32218 www.bainebridgecdd.org

Board of Supervisors	William Huff
Samuel Helms	Chairman
Vice Chairman	
	Charles Straw Alton Mabb Wally David	Assistant Secretary Assistant Secretary Assistant Secretary	
District Manager	Lesley Gallagher	Rizzetta & Company, Inc.	
District Counsel	Katie Buchanan	Kutak Rock, LLP	
District Engineer	Vince Dunn	Dunn & Associates	

All cellular phones must be placed on mute while in the meeting room.

The Audience Comments portion, on Agenda Items Only, will be held at the beginning of the meeting. The Audience Comments portion of the agenda, on General Items, will be held at the end of the meeting. During these portions of the agenda, audience members may make comments on matters that concern the District (CDD) and will be limited to a total of three (3) minutes to make their comments.

Pursuant to provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting/hearing/workshop is asked to advise the District Office at least forty-eight (48) hours before the meeting/hearing/workshop by contacting the District Manager at (239) 936-0913. If you are hearing or speech impaired, please contact the Florida Relay Service by dialing 7-1- 1, or 1-800-955-8771 (TTY)
1-800-955-8770 (Voice), who can aid you in contacting the District Office.

A person who decides to appeal any decision made at the meeting/hearing/workshop with respect to any matter considered at the meeting/hearing/workshop is advised that 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.

BAINEBRIDGE COMMUNITY DEVELOPMENT DISTRICT

District Office · St. Augustine, Florida · (904) 436-6270
Mailing Address – 3434 Colwell Avenue, Suite 200, Tampa, Florida 33614 www.bainebridgecdd.org
Board of Supervisors	March 9, 2023
Bainebridge Community
Development District	AGENDA

Dear Board Members:

The regular meeting of the Bainebridge Community Development District will be held on March 16, 2023 at 6:00 p.m. at the Bainebridge Amenity Center, located at 15855 Twin Creek Drive, Jacksonville, Florida 32218. The following is the agenda for this meeting.

CALL TO ORDER/ROLL CALL
PLEDGE OF ALLEGIANCE
AUDIENCE COMMENTS ON AGENDA ITEMS
BUSINESS ADMINISTRATION
Consideration of Appointment to Seat 5
Oath of Office	Tab 1
Consideration of Resolution 2023-05; Redesignating
Assistant Secretary	Tab 2
Consideration of the Minutes of the Board of Supervisors’
Meeting held January 19, 2023	Tab 3
Ratification of the Operation and Maintenance Expenditures for December 2022 and January 2023 (under separate cover)
STAFF REPORTS
District Counsel
District Engineer
Acceptance of Annual Engineer’s Report (under separate cover)
Amenity Manager	Tab 4
Landscape Inspection Report	Tab 5
Landscape Manager
Brightview Landscape Report	Tab 6
Consideration of Brightview Enhancement Proposal	Tab 7
District Manager
Charles Aquatics Pond & Fountain Report	Tab 8
BUSINESS ITEMS – PART A
Consideration of Fitness Pro Price Increase	Tab 9
Public Hearing on Suspension and Termination Rules
Consideration of Resolution 2023-06; Amending
Suspension and Termination Rules	Tab 10
AUDIENCE COMMENTS AND 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 contact me at (904) 436-6270.
Very truly yours, Lesley Gallagher Lesley Gallagher

Tab 1

BAINEBRIDGE COMMUNITY DEVELOPMENT DISTRICT BOARD OF SUPERVISORS
OATH OF OFFICE

I,	, A CITIZEN OF THE STATE OF FLORIDA AND OF THE UNITED STATES OF AMERICA, AND BEING EMPLOYED BY OR AN OFFICER OF BAINEBRIDGE COMMUNITY DEVELOPMENT DISTRICT AND A RECIPIENT OF PUBLIC FUNDS AS SUCH EMPLOYEE OR OFFICER, DO HEREBY SOLEMNLY SWEAR OR AFFIRM THAT I WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES AND OF THE STATE OF FLORIDA.

Board Supervisor
ACKNOWLEDGMENT OF OATH BEING TAKEN STATE OF FLORIDA
COUNTY OF 	

The foregoing oath was administered before me by means of ▢ physical presence or ▢
online	notarization	this			day	of		,	20	,	by
	, who personally appeared before me, and is personally known to me or has produced 		 as identification, and is the person described in and who took the aforementioned oath as a Member of the Board of Supervisors of Bainebridge Community Development District and acknowledged to and before me that he/she took said oath for the purposes therein expressed.

(NOTARY SEAL)

Notary Public, State of Florida

Print Name: 	

Commission No.: 	 Expires: 	

Tab 2

RESOLUTION 2023-05

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE BAINEBRIDGE COMMUNITY DEVELOPMENT DISTRICT REDESIGNATING AN ASSISTANT SECRETARY OF THE DISTRICT, AND PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, Bainebridge Community Development District (hereinafter the “District”) is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated entirely within Duval County, Florida; and
WHEREAS, the Board of Supervisors (hereinafter the “Board”) previously designated
Charles Straw_ as Assistant Secretary pursuant to Resolution 2023-03; and

WHEREAS, the Board now desires to re-designate the Assistant Secretary.

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

Section 1.		 is hereby appointed as Assistant Secretary.

Section 2.   This Resolution shall become effective immediately upon its adoption.

PASSED AND ADOPTED THIS 16th DAY OF MARCH, 2023.

THE BAINEBRIDGE COMMUNITY DEVELOPMENT DISTRICT

CHAIRMAN/VICE CHAIRMAN

ATTEST:

ASSISTANT SECRETARY

Tab 3

BAINEBRIDGE COMMUNITY DEVELOPMENT DISTRICT
January 19, 2023 Minutes of Meeting
Page 1

1
2	MINUTES OF MEETING
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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.
8
9	BAINEBRIDGE
10	COMMUNITY DEVELOPMENT DISTRICT
11
12	The regular meeting of the Board of Supervisors of Bainebridge Community Development
13  District was held on Thursday, January 19, 2023 at 6:00 p.m. at the Bainebridge Amenity
14  Center, located at 15855 Twin Creek Drive, Jacksonville, Florida 32218.
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17	Present and constituting a quorum:
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19	William Huff II	Board Supervisor, Chairman
20	Samuel Helms	Board Supervisor, Vice Chairman
21	Wally David	Board Supervisor, Assistant Secretary
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24	Also present were:
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26	Lesley Gallagher	District Manager, Rizzetta & Company, Inc.
27	Katie Buchanan	District Counsel, Kutak Rock, LLC
28	Chris Ernst	Account Manager, BrightView Landscaping
29	Tony Shiver	First Coast CMS
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32	Audience members present.
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35  FIRST ORDER OF BUSINESS	Call to Order

On a motion by Mr. David, seconded by Mr. Helms, with all in favor, the Board opened the Board of Supervisors Regular Meeting at 6:00 pm, for Bainebridge Community Development District.

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38  SECOND ORDER OF BUSINESS	Pledge of Allegiance
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40  Mr. Huff led the pledge of allegiance.
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BAINEBRIDGE COMMUNITY DEVELOPMENT DISTRICT
January 19, 2023 Minutes of Meeting
Page 2

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45	THIRD ORDER OF BUSINESS	Audience Comments on Agenda Items	
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47	Audience members had no comments.		
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49	FOURTH ORDER OF BUSINESS	Consideration of Appointment to Seat #5	
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51  It was noted that there were no statements of interest received for seat 5. It was requested that if
52  anyone is interested in being considered for this seat that they please forward a statement of
53  interest to the District Manager via email in advance of the March meeting so that the Board could
54  consider these at the March 16th meeting.
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56  FIFTH ORDER OF BUSINESS	Oath of Office
57
58  It was noted that William Huff took his oath prior to the onset of the meeting.
59
60  SIXTH ORDER OF BUSINESS	Consideration	of	Resolution	2023-03;
61	Redesignating Officers
62
63 The Board adopted Resolution 2023-03; Redesignating Officers as follows:
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Chairman – William Huff
Vice Chairman – Samuel Helms
Assistant Secretary – Alton Mabb, Wally David, Charles Straw, Lesley Gallagher, Melissa Dobbins
Secretary – Bob Schleifer
Treasurer – Scott Brizendine
Assistant Treasurer – Shawn Wildermuth

On a motion by Mr. Helms, seconded by Mr. David, with all in favor, the Board adopted Resolution 2023-03; Redesignating Officers, for Bainebridge Community Development District.

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SEVENTH ORDER OF BUSINESS	Consideration of the Minutes of the Board of
Supervisors	Regular	Meeting	held	on
November 17, 2022

On a motion by Mr. Helms, seconded by Mr. David, with all in favor, the Board approved the Minutes of the Board of Supervisors Regular Meeting held on November 17, 2022 for Bainebridge Community Development District.

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EIGHTH ORDER OF BUSINESS	Ratification	of	the	Operation	and
Maintenance Expenditures for October 2022
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BAINEBRIDGE COMMUNITY DEVELOPMENT DISTRICT
January 19, 2023 Minutes of Meeting
Page 3

On a motion by Mr. Helms, seconded by Mr. David, with all in favor, the Board ratified the Operation and Maintenance Expenditures for October 2022 in the amount of $62,426.20, for Bainebridge Community Development District.

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84
85  NINTH ORDER OF BUSINESS	Staff Reports
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A.	District Counsel
Ms. Buchanan did not have a report, but was available to answer questions.
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B.	District Engineer
The District Engineer was not requested to attend. Ms. Gallagher updated the
Board that the District Engineer was working on the Annual Engineer’s Report and
it was anticipated that it would be available for the next meeting.
94
C.	Amenity Manager
Mr. Shiver updated the Board that repairs were required to the drinking fountain
and that he was completing a lighting audit.
98
D.	Landscape Inspection Report and Landscape Manager Report
1.	Brightview Landscape Report
Mr. Ernst reviewed his report (exhibit A).
It was requested that a group of trees at the entry near the AT&T box be reviewed
to see what options were available to clean up this area.
104
F.	District Manager
Ms. Gallagher reviewed that the next meeting was scheduled for March 16th at
6pm. She also noted that she will begin working on the proposed budget for FY
2023/2024 in the upcoming weeks to present to the Board at the April meeting for
review and consideration. She will be working with the current vendors contracted
with the District as part of this process.
111
1.	Charles Aquatics Pond Report
It was noted that the ponds were in good to very good condition. There is
only one pond that has no access. It was requested that the pond map be
included in the agenda with the pond reports going forward.
116
TENTH ORDER OF BUSINESS	Consideration of Proposal from LLS Tax
Solutions for Arbitrage Services

On a motion by Mr. David, seconded by Mr. Huff, with all in favor, the Board approved the LLS Tax Solutions proposal for Arbitrage Services, for Bainebridge Community Development District.

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BAINEBRIDGE COMMUNITY DEVELOPMENT DISTRICT
January 19, 2023 Minutes of Meeting
Page 4

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125  ELEVENTH ORDER OF BUSINESS	Discussion Regarding Amenity Policies
126
Ms. Gallagher noted that her office has received some concerns regarding the use of the
amenity facilities by tenants of short term vacation rentals with no communication or
authorization by the District. The Board reviewed sample policies that other Districts have used
and it was noted that violating these policies could also result in the suspension or termination
131
of privileges. The Board amended the Amenity Policies to add the following: No household
may transfer its privileges to use the District’s Amenity Facilities to a tenant more than two
times per year without the prior approval of the Board of Supervisors.
135
On a motion by Mr. Helms, seconded by Mr. Huff, with all in favor, the Board approved the Amenity Policies as amended, for Bainebridge Community Development District.
136
TWELFTH ORDER OF BUSNIESS	Consideration of Resolution 2023-04;
Setting Public Hearing on Amended
Suspension and Termination Policies
140
Ms. Buchanan reviewed Resolution 2023-04; Setting Public Hearing on Amended Suspension
and Termination Policies.
143
On a motion by Mr. Helms, seconded by Mr. David, with all in favor, the Board adopted Resolution 2023-04 and set the public hearing for March 16, 2023 at 6:00 pm at the Amenity Center on Amended Suspension and Termination Policies, for Bainebridge Community Development District.
144
145  THIRTEENTH ORDER OF BUSINESS	Supervisor Requests and Audience
146	Comments
147
148  No Supervisor requests.
149
150  Audience had comments on the following:
151
-	Traffics lights, pond algae, private property damage by utility contractors, no soliciting,
HOA mailboxes, security, streetlighting, soundwall barrier request, pickleball court
request.
155
156  The Board moved into the closed session of the meeting involving security per FL Statutes
157  119.07(3)(a) and 281.301.
158
159  The audience exited the meeting.
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BAINEBRIDGE COMMUNITY DEVELOPMENT DISTRICT
January 19, 2023 Minutes of Meeting
Page 5

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165  FOURTEENTH ORDER OF BUSINESS	Discussion	Regarding	Security	Options
166	(Per FL Statutes 119.07(3)(a) and 281.301,
167	this portion may be closed to the public.)
168
The Board reviewed options 1, 2 and 3 from JSO for Off Duty Deputies. The number of hours
provided varied with these options as well as the expense associated. Discussion ensued
regarding the options and impact to the current budget. The current option for services had
been option #2.

On a motion by Mr. David, seconded by Mr. Huff, with all in favor, the Board approved Option 1 for the months of February, March and April, and then adjusting back to Option 2 for the months of May, June, July, August and September for this fiscal year, for Bainebridge Community Development District.

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It was requested that the proposed budget for Fiscal Year 2024 include option number 2 for
the full 12 months.
177
178  FIFTEENTH ORDER OF BUSINESS	Adjournment
179

On a motion by Mr. Helms, seconded by Mr. David, with all in favor, the Board adjourned the meeting at 7:32 p.m. for Bainebridge Community Development District.

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BAINEBRIDGE COMMUNITY DEVELOPMENT DISTRICT
January 19, 2023 Minutes of Meeting
Page 6	

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Secretary/Assistant Secretary	Chairman/Vice Chairman
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EXHIBIT A

	11530 Davis Creek Court - Jacksonville, Florida 32256	
	(904) 292-0716 / Fax: (904) 292-1014	
	MEMORANDUM	

DATE:	
January 19, 2022	
TO:	Bainebridge	
ATTN:	Board of Directors	
FROM:	Chris Ernst	
RE:	Landscape Report	

Grounds Maintenance

Bi-weekly grounds maintenance Bi-weekly bed weed control.
Apply herbicide to pavers and sidewalk cracks.

The guys are keeping the bushes trimmed at both the amenity center and the entrance. We are in the process of cutting back the native grasses
We are also starting the process of cutting back the herbaceous plant material

Irrigation

Now new news to report

Agronomics

The turf will be treated in February. It will include an insecticide and fungicide. They will also be doing a blanket coverage for weed control.

We are starting to see brown patch which is a fungus that comes out in the turf this time a year. If we see active patches, we will be treating these as well.

Enhancements

Flowers have been installed

Arbor Care

No new news to report

Tab 4

Bainebridge Community Development District
Field Report	Mar 2023

First	Coast	CMS	LLC
03/07/2023

March 2023 - Bainebridge Community Development District

Swimming Pool
The new chemical controller was installed as a backup by Oak Wells Aquatics The pool coping and tiles were repaired by the waterfall.
At this time, we have a pump failure that we are waiting to be resolved by Florida Pump Service. We are also looking for quotes from Oak Wells for total pump replacement since it appears we continue to have problems with the motors installed by Florida Pump Service

Common Area and Events
We had an issue with a resident dumping garbage in the amenity center dumpster. This resident was notified of the violation and asked not to do it again. We never received any response from the resident.

At this time, we are still waiting on final review of the contract for the Access System to be turned over live to staff. We can’t perform the audit effectively until the new system is live.

Staff met with the Hugus Group to discuss possible replacement of the fascia Boards and the cause of the rot. We also requested pricing to replace the doors to the gym. They are warped and not closing properly.

Tab 5

BAINEBRIDGE
LANDSCAPE INSPECTION REPORT

January 30, 2023 Rizzetta & Company
Bryan Schaub – Landscape Specialist

Summary, Pecan Park & Bainebridge
General Updates, Recent & Upcoming Maintenance Events

Upcoming fertilization events for turf, beds and palms.

The following are action items for Brightview to complete. Please refer to the item # in your response listing action already taken or anticipated time of completion. Red text indicates deficient from previous report. Bold Red text indicates deficient for more than a month. Green text indicates a proposal has been requested. Blue indicates irrigation. Black, bold and underlined text represents updates or questions for the BOS.

At the entrance monument, the Juniper are	6. Property-wide, schedule a pencil pruning of

partially responding to the treatment plans. Continue treatments & prune out dead material. Replace dead units.

In the beds by the main monument, the Coontie look to have been hit hard by the recent freeze events. Prune out dead material & add a micros-pack to the next fertilization event. (Pic 2)

the Crape Myrtles. (Pic 6)

6

2

7. In the east ROW of Bainebridge near the silver utility box, there is either a leak or a drainage issue as the soil shows signs of extended standing water with algae. Let’s rule out any irrigation issues. (Pic 7)

7

At the main monument, investigate the struggling Roses rule out any issues besides freeze damage. Prune out dead material.

Property-wide, treat the beds for active ant mounds. Rake out all inactive mounds.

At the main entrance & property-wide, take whatever actions possible to improve the color & vigor of the turf.

2

Pecan Park, Bainebridge & Amenities Center
At the main entrance in both ROWs, it	15. In the west ROW of Bainebridge near Bains appears the freeze events caused significant		Lake, there is a broken irrigation spray head.

damage to the Azaleas, Privet & other shrubs. Give them what TLC possible and prune out any dead material when the weather warms.

Along the north ROW of Pecan Park, prune all plant material including trees that are contacting any structures including fencing. (Pic 9)

Repair. (Pic 15)

15

9

In the same area, there was damage to the turf caused by a vehicle driving on the turf when the soil was saturated. Repair as possible.

Vendor to remove all dead plant material left after herbicide treatment events.

In the east corner of Pecan Park & Bainebridge behind the open fencing, there is

At the Amenities Center, try to remove as many of the Pine needles that drop on the turf

a large Wax Myrtle that is getting overgrown.	as possible. This will help with the soil pH and Start pruning it into a consistent shape and	turf growth.
keep it maintained.
At the Amenities Center diagnose & treat the
At the main entrance, diagnose & treat the	stressed Holly Standards as they have leaf stressed Magnolia. Make sure to check for	drop, yellowing & distortions. Also, prune off nutrient deficiencies. Report findings to the	all dead material.
DM.
At the Amenities Center, make sure to set
Remove all “volunteer” palms growing in the	strong bed lines. entrance beds.
In the foundation beds around the Clubhouse,
Along both ROWs of Bainebridge, prune the	diagnose & treat the Podocarpus. They look dead material out of the Viburnum hedges	to have aphids. (Pic 21 >)
and check for any fungi. Treat if present.
Prune all plant material that is contacting
In the same areas, remove all mosses from	structures including the metal fencing around the trees.	the pool deck.

3

Pool Deck & Amenities Center
On the back side of the Pool Deck, there is a	27. To the east of the Amenities Center parking large section of Viburnum hedge that is		lot, prune the encroaching Wax Myrtles. dead/dying. It is most likely a chemical burn,		Remove them up to 13 feet high & vertically either improper spray application or more		from the actual edge of the turf. This will likely a pool overflow with chlorinated water.		increase the sunlight exposure for the turf

(Pic 23)

23

In the area behind the Pool Deck, remove all mosses and debris from the Ornamental trees.

In the same area, there is a tree that has tipped over and is hanging over the metal fencing adjacent to the Pool Deck. Remove.

In the beds around the Pool Deck, remove all weeds including volunteer palms. Hand pull

promoting healthier & fuller growth. (Pic 27)

27

At the Amenities Center, prune out the seed pods from the palms. The palm fronds were pruned & look good.

Treat any active ant mounds at the Amenities Center.

At the entrance to the Amenities Center, two palms were missed when pruning. Correct.

In the same area, treat the Sago for African

the larger weeds.	Scale. Use a systemic insecticide. (Pic 31)

< 21

31

4

Tab 6

	11530 Davis Creek Court - Jacksonville, Florida 32256	
	(904) 292-0716 / Fax: (904) 292-1014	
	MEMORANDUM	

DATE:	
March 7, 2023	
TO:	Bainebridge	
ATTN:	Board of Directors	
FROM:	Chris Ernst	
RE:	Landscape Report	

Grounds Maintenance

Bi-weekly grounds maintenance Bi-weekly bed weed control.
Apply herbicide to landscape beds.

Apply herbicide to pavers and sidewalk cracks.

The guys are keeping the bushes trimmed at both the amenity center and the entrance.

Irrigation

Now new news to report.

Agronomics

We will be applying a nitrogen-based fertilizer to help push the grass out of dormancy. We will also be applying a insecticide and fungicide. There will be a wall to wall weed treatment as well.

Enhancements

Flowers will be installed in April.

Arbor Care

Proposed to clean up area on the far east end of the property along Pecan Park Rd

Tab 7

March 03, 2023
Page 1 of 2

Proposal for Extra Work at Bainebridge CDD	

Property Name Property Address	
Bainebridge CDD 15855 Twin Creek Drive Jacksonville, FL 32218	
Contact To
Billing Address	
Lesley Gallagher Bainebridge CDD
c/o Rizzetta & Company Inc 3434 Colwell
Ave Ste 200
Tampa, FL 33614	
Project Name Project Description	East Corner tree work
Clean up natural area on the far east corner at the front along Pecan Park Rd.
Scope of Work	

QTY

1.00	
UoM/Size

LUMP SUM	
Material/Description
Elevate Oak Tree and Cypress Tree. Reove and stump grind wax myrtles and tallow trees	

For internal use only			
SO#	8054219		
JOB#	346101085			
Service Line	300	Total Price	$2,610.00	
THIS IS NOT AN INVOICE
This proposal is valid for thirty (30) days unless otherwise approved by Contractor's Senior Vice President
11530 Davis Creek Court, Jacksonville, FL 32256 ph. (904) 292-0716 fax (904) 292-1014

March 03, 2023
Page 2 of 2

TERMS & CONDITIONS

I. The Contractor shall recognize and perform in accordance with written terms, written specifications and drawings only contained or referred to herein. All materials shall conform to bid specifications.

Work Force: Contractor shall designate a qualified representative with experience in landscape rraintenance/construction upgrades or when applicable in tree management. The vYOrkforce shall be competent and qualified, and shall be legally authorized to work in the U.S.

License and Permits: Contractor shall maintain a Landscape Contractor's license, if required by State or local law, and will con-ply with all other license requirements of the City, State and Federal Governments, as we 11 as all other requirements of law. Unless otherwise agreed upon by the parties or prohibited by law, Custorrer shall be required to obtain all necessary and required permits to allow the conmencement of the Services on the property.

Taxes: Contractor agrees to pay all applicable taxes, including sales or General Excise
Tax (GET], where applicable.

Insurance: Contractor agrees to provide General Liability Insu ranee, Automotive Liability Insurance, Worker's Corrpensation Insurance, and any other insurance required by law or Custorrer, as specffied in writing prior to commencerrent of work. If not specified, Contractor will furnish insurance with $1,000.(IDlimit of liability.

Liability: Contractor shall not be liable for any damage that occurs from Acts of God defined as extreme weather conditions, fire, earthquake, etc. and rules, regulations or restrictions irrposed by arry governrrent or governmental agency, national or regional emergency, epidemic, pandemic, health related outbreak or other medical events not caused by one or other delays or failure of perforrrance beyond the conmercially reasonable control of either party. Under these circurrstances, Cortractor shall have the right to renegotiate the terms and prices of this Contract within sixty (60) days.

Any illegal trespass, claims and/or damages resulting from work requested that is not on property owned by Customer or not under Customer rranagement and control shall be the sole responsibility of the Customer.

s. Subcontractors: Contractor reserves the right to hire qualified subcontractors to perform specialized functions or work requiring specialized equipment.

Additional Services: Any additional work not shown in the above specifications involving extra costs will be executed only upon signed written orders, and will become an extra charge over and above the estimate.

Cancellation: Notice of Cancellation of work rrust be received in writing before the crew is dispatched to their location or Customer will be liable for a minimum travel charge of 5150.00 and billed to Customer.

The following sections shall apply where Contractor provides Customer with tree care services:

Tree & Sturr() Rem:>val: Trees removed will be cut as close to the ground as possible based on conditions to or next to the bottom of the tree trunk. Additional charges will be levied for unseen hazards such as, but not linited to concrete brick filled trunks, metal rods, etc. If requested mechanical grinding of visible tree stump will be done to a defined width and depth below ground level at an additional charge to the Customer. Defined backfill and landscape material may be specified. Customer shall be responsible for contacting the appropriate underground utility locator company to locate and mark underground utility lines prior to start of work Contractor is not responsible damage done to underground utilities su::h as but not limited to, cables, wires, pipes, and irrigation parts. Contractor will repair damaged irrigation lines at the Customer's expense.

Waiver of Liability: Requests for crown thinning in excess of twenty-five percent (25%) or work not in accordarce with ISA (international Society of Arboricultural) standards will require a signed waiver of liability.

Acceptance of this Contract
By executing this documenl Customer agrees to the formation of a binding contract and to the terms and conditions set forth herein. Customer represents that Contractor is authorized to perform the ¼'Ork stated on the face of this Contract. If payment has not been received by Contractor per payment terms hereunder, Contractor shall be entitled to all costs of collection, including reasonable attorneys' fees and it shall be relieved of any obligation to continue performance under this or arry other Cortract with Custorrer. Interest at a per annum rate of
1.5% per month (18% per year), or the highest rate permitted D/ law, may be charged on unpaid
balance 15 days after billing.

NOTICE: FAILURE TO MAKE PAYMENT WHEN DUE FOR COMPLETED WORK ON CONSTRUCTION JOBS, MAY RESULT IN A MECHANIC'S LIEN ON THE TITLE TO YOUR PROPERTY

Customer

Access to ..k>bsite: Customer shall provide all utilities to perform the work Customer shall furnish access to all parts of jobsite where Contractor is to perform work as required by the Contract or other functions re 1 ate d thereto, during normal business hours and other reasonable periods of time. Contractor will perform the work as reasonably practical after the Customer makes the site available for performance of the work.

Payment Terms: Upon signing this Agreement, Customer shall pay Contractor 50% of the Proposed Price and the remaining balance shall be paid by Customer to Contractor upon completion of the project unless otherwise, agreed to in writing.

Signature

Lesley Gallagher
Printed Name

Title

Date

Property Manager

March 03, 2023

Termination: This Work Order rray be terrrinated by the either party with or without cause, upon seven (7) workdays advance written notice. Customer will be required to pay for all rraterials purchased and work corr()lete to the date of termination and reasonable charges

BrightView Landscape Services, Inc. "Contractor''
Associate Account Manager

incurred in dem:>bilizing.

Assignment: The Customer and the Contractor respectively, bind themselves, their partners, successors, assignees and legal represertatlve to the other party with respect to all covenants of this Agreement. Neither the Custorrer nor the Contractor shall assign or transfer any interest in this Agreerrent without the written consent of the other provided, however, that consent shall not be required to assign this Agreement to any corrpany which controls, is controlled by, or is under comnon control with Contractor or in connection with assignment to an affiliate or pursuant to a merger, sale of all or substartially all of its assets or equity securities, consolidation, change of control or corporate reorganization.

Disclaimer: This proposal was estimated and priced based UJX>n a site visit and visual inspection from ground level using ordinary means, at or about the time this proposal was prepared The price quoted in this proposal f o r the work described, is the result of that ground level visual inspection and therefore our corrpany will not be liable for any additional costs or damages for additional ¼'Ork not described herein, or liable for any incidents/accidents resulting from conditions, that were not ascertainable by said ground level visual inspection bf ordinary means at the time said inspection was performed. Contractor cannot be held responsible for unknown or otherwise hidden defects. Any corrective work proposed herein cannot guarantee exact results. Professional engineering, architectural, and/or landscape design services ("Design Services') are not ircluded in this Agreement and shall not be provided by the Contractor. Any design defects in the Contract Documents are the sole responsibility of the Customer. If the Customer must engage a licensed engineer, architect and/or landscape design professional, any costs concerning these Design Services are to be paid by the Customer direct to the designer involved.

Signature

Christopher R. Ernst

Job#:	346101085		
SO#:	8054219	Proposed Price:	$2,610.00	

Printed Name

Title

Date

March 03, 2023

Tab 8

`

	6869 Phillips Parkway Drive S Jacksonville, FL 32256	 Fax: 904-807-9158	Phone: 904-997-0044
Service Report
Date: February 23, 2023	Aquatic Tech: Bill Fuller
Client: Bainebridge CDD Contact: Lesley Gallagher Waterways: Twenty ponds.

Comments: 76° F Winds 5-7 mph.

Pond 1: Pond was in good condition. No invasive species noted.

Pond 2: Pond was in good condition. No invasive species noted.

Pond 3: Pond was in very good condition. No invasive species noted.

Pond 4: Pond was in good condition. No invasive species noted.

Pond 5: Pond was in good condition. Minor perimeter vegetation

Pond 6: Pond was in good condition. Had a good kill on the perimeter vegetation.

Pond 7: Pond was in very good condition. No invasive species noted.

Pond 8: Pond was in good condition. No invasive species noted.

Pond 9: Pond was in very good condition. No invasive species noted.

Pond 10: Pond has lost its access point due to installation of new fence.

Pond 11: Pond was in very good condition. No invasive species noted.

Pond 12: Pond was in good condition. We had a good kill on the perimeter vegetation. No boat access.

Pond 14: Pond was in very good condition. No invasive species noted.

Pond 15: Pond was in very good condition. No invasive species noted.

Pond 16: Pond was in good condition. No invasive species noted.

Pond 17: Pond was in very good condition. No invasive species noted.

Pond 18: Pond was in very good condition. No invasive species noted.

Pond 19: Pond was in overall good condition. Had a good kill on the naiad…noted a lot of pollen.

Pond 20: Pond was in good condition. No invasive species noted.

		6869 Philips Parkway Drive South, Jacksonville, FL 32256	 Fax: 904-807-9158	Phone: 904-997-0044

Service Report
Date: February 16, 2023	Fountain Tech: Tom Hair

Client: Bainebridge CDD
Contact: Lesley Gallagher & Kelly Mailhot

Pond 1 Fountain: Quarterly maintenance service has been performed on the fountain in Pond 1. I cleaned the float, intake screen, nozzle and the lights. Fountain lights were checked for blown bulbs. The timers, voltage, amperage, and mooring lines were checked on the fountain. All electrical readings were good. The fountain is running as it should be.

Replaced 1 light bulb.

Please contact our office with any further questions or comments.

Tab 9

1400 Village Square Boulevard
#3-293
Tallahassee, FL 32312 www.fitnessproinc.com

Contract: Quarterly Preventative Maintenance

CUSTOMER	BILL TO

Bainbridge Estates	Bainbridge Estates
Bainebridge CDD
c/o Rizzetta & Company
3434 Colwell Avenue, Suite 200

CONTRACT LIMIT:

SUBTOTAL:	Unlimited

$175.00	
TAX:	$0.00	
TOTAL:	$175.00	

CONTRACT DESCRIPTION		

Tampa, FL 33614

START DATE	EXPIRES	CONTRACT TYPE	P.O. NO.	CONTRACT NO.	
Jan 1, 2023	None	Quarterly Preventative		Pay Per Visit	
		Maintenance			

This Preventative Maintenance Agreement will cover the servicing of the listed equipment at your facility. This service will be as follows:
1) Operational Inspection, 2) Visual Inspection, 3) Lubrication, 4) Calibration, 5) Internal inspection & Cleaning as needed, 6) Adjust to manufacturers specifications, 7) Repairs that can be done at time of PM that would not require additional parts or tools, 8)
Notation of Service in Logbook (if customer requires and provides the logbook), and 8) Notation of equipment status.

Fitness Pro will provide further product support with the following services:
An emailed summary of status and work done on equipment listed.
Access to customers service file online through our service website.
Will use only factory replacement parts on any repair, unless other specified or approved by customer or manufacturer. We will always let you know what your lowest price option is and let you choose.

Preventative Maintenance fee does not include additional repairs. Customer will be notified of any additional repairs that are diagnosed at time of preventative maintenance. We require customer to approve of all additional repairs and fees.

This agreement is strictly preventive in nature, intended to keep your facility as operational as possible by drawing attention to its present status. This agreement does not cover abuse, vandalism, normal wear and tear, external cleaning, or any acts of God resulting in failure of equipment, nor does it include the cost of parts, shipping, or labor charges associated with a repair not specified by this agreement. Fitness Pro reserves the right to refuse service on certain manufacturers.

CONTRACT TERMS

Quarterly Terms: $175.00 per visit, 4 visits per year

This agreement is subject to the fitness equipment located on property at the time the agreement was accepted. Any additions to your fitness center will require a new signed agreement.

Also, if your ownership requires any additional insurance coverage (i.e. waiver of subrogation or to be named an additional insured) or pre qualification these charges will be billed in addition to this estimated total. All compliance fees and/or monitoring fees required by the customer will be invoiced back to the customer.

Prices are subject to change with a 30-day notice.

THIS AGREEMENT MAY BE CANCELED BY EITHER PARTY WITH A 30-DAY WRITTEN NOTICE. Account payment terms will be
agreed upon before first visit. A delinquent account will void this agreement.

Please remit payment to: Fitness Pro 1400 Village Square #3-293 Tallahassee, FL 32312 Billing Contact: Tracy Parmer

tracy@wearefitnesspro.com

Signature: 	

Printed Name: 	

Date: 	

Tab 10

RESOLUTION 2023-06

A RESOLUTION OF THE BOARD OF SUPERVISORS OF BAINEBRIDGE COMMUNITY DEVELOPMENT DISTRICT ADOPTING REVISED SUSPENSION AND TERMINATION RULES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Bainebridge Community Development District (the “District”) is a local unit of special purpose government created and existing pursuant to Chapter 190, Florida Statutes, which owns, operates and maintains certain recreational amenity facilities (collectively, “Recreational Facilities”); and

WHEREAS, Chapters 120 and 190, Florida Statutes, authorize the District to adopt rules, rates, charges and fees to govern the administration of the District and to adopt resolutions as may be necessary for the conduct of District business; and

WHEREAS, the District’s Board of Supervisors (“Board”) desires to adopt revised rules relating to the suspension and/or termination of patrons’ rights to utilize the Recreational Facilities; and

WHEREAS, the Board finds that it is in the best interests of the District and necessary for the efficient operation of the District to adopt by resolution the revised Suspension and Termination of Access Rule (“Suspension and Termination Rules”), which are attached hereto as Exhibit A and incorporated herein by this reference, for immediate use and application; and

WHEREAS, the Board has complied with applicable Florida law concerning rule development and adoption, including the holding of a public hearing thereon.

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

SECTION 1. The Suspension and Termination Rules set forth in Exhibit A are hereby adopted pursuant to this resolution as necessary for the conduct of District business and shall remain in full force and effect unless revised or repealed by the District in accordance with Chapters 120 and 190, Florida Statutes.

SECTION 2. If any provision of this resolution is held to be illegal or invalid, the other provisions shall remain in full force and effect.

SECTION 3.  This resolution shall become effective upon its passage and shall remain in effect unless rescinded or repealed.

PASSED AND ADOPTED this 16th day of March 2023.

ATTEST:	BAINEBRIDGE COMMUNITY DEVELOPMENT DISTRICT

Secretary / Assistant Secretary	Chairperson, Board of Supervisors

Exhibit A:	Revised Suspension and Termination of Access Rule

Exhibit A
Revised Suspension and Termination of Access Rule

SUSPENSION AND TERMINATION OF ACCESS RULE

Law Implemented: ss. 120.69, 190.011, 190.012, Fla. Stat. (2022)
Effective Date: March 16, 2023

In accordance with Chapters 190 and 120 of the Florida Statutes, and on March 16, 2023 at a duly noticed public meeting, the Board of Supervisors (“Board”) of the Bainebridge Community Development District (“District”) adopted the following rules / policies to govern disciplinary and enforcement matters. All prior rules / policies of the District governing this subject matter are hereby rescinded for any violations occurring after the date stated above.

Introduction. This rule addresses disciplinary and enforcement matters relating to the use of the amenities and other properties owned and managed by the District (“Amenities” or “Amenity”).

General Rule. All persons using the Amenities and entering District properties are responsible for compliance with the rules and policies established for the safe operations of the District’s Amenities.

Access Cards / Key Fobs. Access cards and key fobs are the property of the District. The District may request surrender of, or may deactivate, a person’s access card or key fob for violation of the District’s rules and policies established for the safe operations of the District’s Amenities.

Suspension and Termination of Rights. The District shall have the right to restrict, suspend, or terminate the Amenity access of any person and members of their household to use all or a portion of the Amenities for any of the following acts (each, a “Violation”):

Submitting false information on any application for use of the Amenities, including but not limited to facility rental applications;
Failing to abide by the terms of rental applications;
Permitting the unauthorized use of a key fob or access card or otherwise facilitates or allows unauthorized use of the Amenities;
Exhibiting inappropriate behavior or repeatedly wearing inappropriate attire;
Failing to pay amounts owed to the District in a proper and timely manner

(with the exception of special assessments);
Failing to abide by any District rules or policies (e.g., Amenity Rules);
Treating the District’s staff, contractors, representatives, residents, landowners [Patrons] or guests, in a harassing or abusive manner;
Damaging, destroying, rendering inoperable or interfering with the operation of District property, or other property located on District property;
Failing to reimburse the District for property damaged by such person, or a minor for whom the person has charge, or a guest;
Engaging in conduct that is likely to endanger the health, safety, or welfare of the District, its staff, contractors, representatives, residents, landowners [Patrons] or guests;
Committing or is alleged, in good faith, to have committed a crime on or off District property that leads the District to reasonably believe the health, safety or welfare of the District, its staff, contractors, representatives, residents, landowners [Patrons] or guests is likely endangered;
Engaging in another Violation after a verbal warning has been given by staff (which verbal warning is not required); or
Such person’s guest or a member of their household commits any of the above Violations.

Termination of Amenity access shall only be considered and implemented by the Board in situations that pose a long term or continuing threat to the health, safety and/or welfare of the District, its staff, contractors, representatives, residents, landowners [Patrons] or guests. The Board, in its sole discretion and upon motion of any Board member, may vote to rescind a termination of Amenity access.

Administrative Reimbursement. The Board may in its discretion require payment of an administrative reimbursement of up to Five Hundred Dollars ($500) in order to offset the legal and/or administrative expenses incurred by the District as a result of a Violation (“Administrative Reimbursement”). Such Administrative Reimbursement shall be in addition to any suspension or termination of Amenity access, any applicable legal action warranted by the circumstances, and/or any Property Damage Reimbursement (defined below).

Property Damage Reimbursement. If damage to District property occurred in connection with a Violation, the person or persons who caused the damage, or the person whose guest caused the damage, or the person who has charge of a minor that caused the damage, shall reimburse the District for the costs of cleaning, repairing, and/or replacing the property (“Property Damage Reimbursement”). Such Property Damage Reimbursement shall be in addition to any suspension or termination of Amenity access, any applicable legal action

warranted by the circumstances, and/or any Administrative Reimbursement.

Removal from Amenities. The District Manager, General Manager, Amenity Manager and onsite staff each have the independent ability to remove any person from the Amenities if a Violation occurs, or if in his or her discretion, it is in the District’s best interest to do so.

Initial Suspension from Amenities. The District Manager, General Manager, Amenity Manager or his or her designee may at any time restrict or suspend for cause or causes, including but not limited to a Violation, any person’s access to the Amenities until a date not later than the next regularly scheduled meeting date of the Board that is scheduled to occur at least twenty-one (21) days after the date of initial suspension. In the event of such a suspension, the District Manager or his or her designee shall mail a letter to the person suspended referencing the conduct at issue, the sections of the District’s rules and policies violated, the time, date, and location of the next regular Board meeting where the person’s suspension will be presented to the Board, and a statement that the person has a right to appear before the Board and offer testimony and evidence why the suspension should be lifted. If the person is a minor, the letter shall be sent to the adults at the address within the community where the minor resides.

Hearing by the Board; Administrative Reimbursement; Property Damage Reimbursement.

At the Board meeting referenced in the letter sent under Section 8 above, or as soon thereafter as a Board meeting is held if the meeting referenced in the letter is canceled, a hearing shall be held at which both District staff and the person subject to the suspension shall be given the opportunity to appear, present testimony and evidence, cross examine witnesses present, and make arguments. The Board may also ask questions of District staff, the person subject to the suspension, and witnesses present. All persons are entitled to be represented by a licensed Florida attorney at such hearing.
After the presentations by District staff and the person subject to the suspension, the Board shall consider the facts and circumstances and determine whether to lift or extend the suspension or impose a termination. In determining the length of any suspension, or a termination, the Board shall consider the nature of the conduct, the circumstances of the conduct, the number of rules or policies violated, the person’s escalation or de-escalation of the situation, and any prior Violations and/or suspensions
The Board shall also determine whether an Administrative Reimbursement is warranted and, if so, set the amount of such Administrative Reimbursement.
The Board shall also determine whether a Property Damage Reimbursement is warranted and, if so, set the amount of such Property Damage

Reimbursement. If the cost to clean, repair and/or replace the property is not yet available, the Property Damage Reimbursement shall be fixed at the next regularly scheduled Board meeting after the cost to clean, repair, and/or replace the property is known.
After the conclusion of the hearing, the District Manager shall mail a letter to the person suspended identifying the Board’s determination at such hearing.

Suspension by the Board. The Board on its own initiative acting at a noticed public meeting may elect to consider a suspension of a person’s access for committing any of the Violations outlined in Section 4. In such circumstance, a letter shall be sent to the person suspended which contains all the information required by Section 8, and the hearing shall be conducted in accordance with Section 9.

Automatic Extension of Suspension for Non-Payment. Unless there is an affirmative vote of the Board otherwise, no suspension or termination will be lifted or expire until all Administrative Reimbursements and Property Damage Reimbursements have been paid to the District. If an Administrative Reimbursement or Property Damage Reimbursement is not paid by its due date, the District reserves the right to request surrender of, or deactivate, all access cards or key fobs associated with an address within the District until such time as the outstanding amounts are paid.

Appeal of Board Suspension. After the hearing held by the Board required by Section 9, a person subject to a suspension or termination may appeal the suspension or termination, or the assessment or amount of an Administrative Reimbursement or Property Damage Reimbursement, to the Board by filing a written request for an appeal (“Appeal Request”). The filing of an Appeal Request shall not result in the stay of the suspension or termination. The Appeal Request shall be filed within thirty (30) calendar days after mailing of the notice of the Board’s determination as required by Section 9(e), above. For purposes of this Rule, wherever applicable, filing will be perfected and deemed to have occurred upon receipt by the District. Failure to file an Appeal Request shall constitute a waiver of all rights to protest the District’s suspension or termination, and shall constitute a failure to exhaust administrative remedies. The District shall consider the appeal at a Board meeting and shall provide reasonable notice to the person of the Board meeting where the appeal will be considered. At the appeal stage, no new evidence shall be offered or considered. Instead, the appeal is an opportunity for the person subject to the suspension or termination to argue, based on the evidence elicited at the hearing, why the suspension or termination should be reduced or vacated. The Board may take any action deemed by it in its sole discretion to be appropriate under the circumstances, including affirming, overturning, or otherwise modifying the suspension or termination. The Board’s decision on appeal shall be final.

Legal Action; Criminal Prosecution; Trespass. If any person is found to have

committed a Violation, such person may additionally be subject to arrest for trespassing or other applicable legal action, civil or criminal in nature. If a person subject to a suspension or termination is found at an Amenity Facility, such Person will be subject to arrest for trespassing. If a trespass warrant is issued to a person by a law enforcement agency, the District has no obligation to seek a withdrawal or termination of the trespass warrant even though the issuance of the trespass warrant may effectively prevent a person from using the District’s Amenities after expiration of a suspension imposed by the District.

Severability. If any section, paragraph, clause or provision of this rule shall be held to be invalid or ineffective for any reason, the remainder of this rule shall continue in full force and effect, it being expressly hereby found and declared that the remainder of this rule would have been adopted despite the invalidity or ineffectiveness of such section.