October 25, 2023 Board of Supervisors Lake Lizzie Community Development District Dear Board Members: The regular meeting of the Board of Supervisors of the Lake Lizzie Community Development District will be held Wednesday, November 1, 2023, at 12:30 PM at the West Osceola Branch Library, 305 Campus St., Celebration, FL 34747. Following is the advance agenda for the regular meeting: Board of Supervisors Meeting 1. Roll Call 2. Public Comment Period 3. Approval of Minutes of the July 5, 2023, Board of Supervisors Meeting 4. Consideration of Resolution 2024-01 Ratifying Series 2023 Bonds 5. Consideration of Resolution 2024-02 Recognizing Developer Contribution of Infrastructure 6. Consideration of Disclosure of Public Finance 7. Consideration of Arbitrage Rebate Proposal with AMTEC 8. Staff Reports a. Attorney b. Engineer c. District Manager’s Report i. Balance Sheet & Income Statement ii. Ratification of Requisitions No. 8-15 9. Other Business 10. Supervisors Requests 11. Adjournment MINUTES OF MEETING LAKE LIZZIE COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Lake Lizzie Community Development District was held Wednesday, July 5, 2023 at 12:30 p.m. at the West Osceola Branch Library, 305 Campus Street, Celebration, Florida. Present and constituting a quorum: Tony Iorio Chairman Rocky Owen Assistant Secretary Tom Franklin Assistant Secretary Also present were: Tricia Adams District Manager, GMS Michelle Rigoni by Zoom District Counsel, Kutak Rock Shawn Hindle District Engineer Cynthia Wilhelm Bond Counsel FIRST ORDER OF BUSINESS Roll Call Mr. Iorio called the meeting to order and called the roll. Three Board members were present constituting a quorum. SECOND ORDER OF BUSINESS Public Comment Period There were no members of the public present for the meeting and there were no members of the public on the Zoom line. THIRD ORDER OF BUSINESS Approval of Minutes of the June 7, 2023, Board of Supervisors Meeting Ms. Adams presented the minutes from June 7, 2023 Board of Supervisors meeting. She noted the minutes have been reviewed by District counsel and District management. On MOTION by Ms. Iorio, seconded by Mr. Franklin, with all in favor, the Minutes of the June 7, 2023 Board of Supervisors Meeting, were approved. FOURTH ORDER OF BUSINESS Consideration of Financing Related Items A. Bond Agreements, each by and between the District and Hanover Tyson, LLC (“Developer”) i. Amended and Restated Acquisition Agreement (Master Project) Ms. Rigoni stated this was previously approved. This has been amended and restated to incorporate the amended Master’s Engineer’s report. This was approved at the May meeting. She added the terms have stayed the same. On MOTION by Mr. Iorio, seconded by Mr. Franklin, with all in favor, the Amended and Restated Acquisition Agreement (Master Project), was approved. ii. Completion Agreement Ms. Rigoni stated this obligates the Developer to complete any remaining portions of the Series 2023 project as identified in the Master’s Engineer report, or to provide funds for the District to complete. This acknowledges the Developer’s required contribution amount of the infrastructure in order to meet the targeted assessment levels. On MOTION by Mr. Franklin, seconded by Mr. Iorio, with all in favor, the Completion Agreement, was approved. iii. True-Up Agreement Ms. Rigoni stated this obligates the Developer to make true-up payments to the District in the event there are fewer units within the Series 2023 assessment area. Series 2023 Assessment Area equates to Phase 1 and is fully platted at this point. This agreement is only triggered if there is a replat. On MOTION by Mr. Franklin, seconded by Mr. Iorio, with all in favor, the True-Up Agreement, was approved. iv. Collateral Assignment and Assumption of Development and Contract Rights Ms. Rigoni stated this would obligate the Developer to sign over any development rights to the District if there is a default in payment of the Series 2023 assessments by the Developer, including if the District has to foreclose on any of the property due to non-payment of the assessments securing the bonds. See added this would not be triggered unless there is a default. On MOTION by Mr. Franklin, seconded by Mr. Owen, with all in favor, the Collateral Assignment and Assumption of Development and Contract Rights, was approved. B. Declaration of Consent to Jurisdiction of the District and to Imposition of Debt Special Assessment (Series 2023 Assessments) by the Developer Ms. Rigoni stated this declaration is an acknowledgement by the Developer to the proper establishment of the District and that the District has authority to issue bonds and levy the assessments. It waives that certain prepayment rights and waives rights to challenge the bonds. It’s recorded at closing and is binding. On MOTION by Mr. Franklin, seconded by Mr. Iorio, with all in favor, the Declaration of Consent to Jurisdiction of the District and the Imposition of Debt Special Assessment (Series 2023 Assessments) by the Developer, was approved. C. Declaration of Consent to Jurisdiction of the District and to Imposition of Debt Special Assessments (Series 2023 Assessments) by HFB Trinity Place, LLC Ms. Rigoni presented the declaration and noted this provides for additional language regarding the true-up process in the event of a replat. This provides clarity and understanding. On MOTION by Mr. Iorio, seconded by Mr. Franklin, with all in favor, the Declaration of Consent to Jurisdiction of the District and to Imposition of Debt Special Assessments (Series 2023 Assessments) by HFB Trinity Place, LLC, was approved. D. Presentation of the Final Supplemental Assessment Methodology Report for the Series 2023 Bonds Ms. Adams presented the final supplemental assessment methodology report. This has been updated from the previous versions to reflect the final terms of the bond issue. She noted the narrative and the tables have been updated to include the par amount of $3,535,000 and updated the table to include the 5.4% interest rate. She added the assessment level has not changed due to the Developer contribution. Ms. Rigoni asked if the lands subject to the assessments received special benefits from the District’s Series 2023 project. Ms. Adams replied, yes. Ms. Rigoni asked if the special assessments were reasonably apportioned to the lands subject to the assessments. Ms. Adams replied, yes. Ms. Rigoni asked if it was reasonable, proper, and just to assess the costs of the Series 2023 project against the lands of the District in accordance with the methodology. Ms. Adams replied, yes. Ms. Rigoni asked if the special benefits the lands received will be equal to or in excess of the Series 2023 assessments. Ms. Adams replied, yes. Ms. Rigoni asked if it was in the best interest of the District that the 2023 assessments be paid and collected in accordance with your methodology. Ms. Adams replied, yes. On MOTION by Mr. Franklin, seconded by Mr. Owen, with all in favor, the Final Supplemental Assessment Methodology Report for the Series 2023 Bonds, was approved. E. Consideration of Resolution 2023-42 Supplemental Assessment Resolution Ms. Rigoni presented the Supplemental Assessment Resolution and noted this supplements the previously approved Master Assessment Resolution 2023-34 and will finalize and confirm the terms of the Series 2023 bonds. She highlighted the key terms to include the bond purchase contract that was executed on June 29th. The final bond issuance amount will be $3,535,000. It has an average interest rate of approximately 5.4% and generated a construction fund of $3,100,000. Bonds were sold in four term bonds with final maturity in May of 2053. They are expected to close this Friday, July 7th. She added this resolution provides for those key terms of the deal and adopts the amended and restated Engineer’s Report, adopts the final form of the Supplemental Assessment Methodology. It confirms the lien of the 2023 bonds based on the par amount and of the final terms of the bonds. She noted it allocates the 2023 Special Assessments in accordance with the same and certifies the collection of the assessments which will start this fall and provides the calculation and collection of the true-up payments. This further directs the secretary to perform some administrative functions including recording the supplemental notice of assessments and recording the same in the District’s lien book. She noted to Shawn Hindle the amended report has not been updated since the Board approved it. On MOTION by Mr. Franklin, seconded by Mr. Owen, with all in favor, the Resolution 2023-42 Supplemental Assessment Resolution, was approved. F. Consideration of Supplemental Notice of Imposition of Series 2023 Assessments Ms. Rigoni presented the supplemental notice of assessments that will be recorded on the closing of the bonds. There is no action for the Board. FIFTH ORDER OF BUSINESS Consideration of Direct Collection Agreement with Hanover Tyson, LLC Ms. Rigoni stated the budget adoption and the O&M Assessment Resolution will be considered by the Board after the public hearing and relates to the budget process. She added for the O&M assessments the District will have those on-roll and off-roll assessments due to some remaining lands related to Phase 2 yet to be platted. This agreement is with the Developer as the landowner for the unplatted lands receiving those off-roll assessments. It allows the landowner to receive off roll billing and placing assessments on roll in the event of non-payment of off-roll invoices. She added the Developer had reviewed the agreement. On MOTION by Mr. Iorio, seconded by Mr. Franklin, with all in favor, the Direct Collection Agreement with Hanover Tyson, LLC, was approved. SIXTH ORDER OF BUSINESS Public Hearing Ms. Adams stated this process will review the budget items for Fiscal Year 2024 and there are two public hearings, one on adopting the budget and one on imposing special assessments and certifying the assessment roll. She asked for a motion to open both public hearings at the same time. On MOTION by Mr. Franklin, seconded by Mr. Owen, with all in favor, Opening the Public Hearings on the FY 2024 Budget and on Imposing Special Assessments, was approved. A. Consideration of Resolution 2023-43 Adopting Fiscal Year 2024 Budget and Relating to the Annual Appropriations Ms. Adams requested public comment. Ms. Adams stated there are no members of the public present or attending on Zoom and hearing no comments asked for a motion to close the public hearing. On MOTION by Mr. Franklin, seconded by Mr. Owen, with all in favor, Closing the Public Hearings on the FY 2024 Budget and on Imposing Special Assessments, was approved. Ms. Adams stated resolution 2023-43 will adopt the proposed budget for Fiscal Year 2024 and is included in the agenda package. She noted this fiscal year starts October 1, 2023 and ends September 30, 2024. She noted the Board had previously reviewed and approved a proposed budget and there were no substantive changes. She presented the budget line items and noted the Administrative portion is proposed at $142,566.000 and accounts for the Series 2023 project and administration of bond funds and the required reporting. She added that they expect the District to receive the Phase 1 improvements after the bond closing and will include field management, pond mowing, and pond maintenance. She added the assessment methodology for the operation and maintenance fees follow the debt assessment methodology. On MOTION by Mr. Franklin, seconded by Mr. Owen, with all in favor, Resolution 2023-43 Adopting Fiscal Year 2024 Budget and Relating to the Annual Appropriations, was approved. B. Consideration of Resolution 2023-44 Imposing Special Assessments and Certifying an Assessment Roll Ms. Adams stated resolution 2023-44 will fund the budget by imposing special assessments for collection on the tax roll and by direct collection. This will also certify the assessment roll to the county tax collector. On MOTION by Mr. Iorio, seconded by Mr. Franklin, with all in favor, Resolution 2023-44 Imposing Special Assessments and Certifying an Assessment Roll, was approved. SEVENTH ORDER OF BUSINESS Consideration of Aquatic Plant Management Agreement with Applied Aquatic Ms. Adams stated this agreement is for treatment for algae control that will start once the property is conveyed to the District. She noted the monthly cost for the two ponds will be $552/month or annually $6,624. She added there was an estimate for 15 months on this agreement. She added upon Board approval, District counsel will prepare a form of agreement with all the indemnifications and protections for the District. This agreement will not commence until the property has been conveyed. A question was asked by the Board on the 15-month contract and the annual fee. Ms. Adams clarified that is why she stated the monthly amount. It was noted the correction should be made on the amount. This agreement will be effective through September 30, 2024 and when it’s time for renewal the agreement will be presented to the Board. On MOTION by Mr. Franklin, seconded by Mr. Owen, with all in favor, the Aquatic Plant Management Agreement with Applied Aquatic, was approved pending changes in wording. EIGHTH ORDER OF BUSINESS Consideration of Landscape Maintenance Proposal from Florida Landscape Service of Central Florida Ms. Adams stated this vendor has worked on the landscape install. She reviewed the proposal with an annual amount of $29,245.05 for mowing of an area. She added the scope had been reviewed and she was looking for approval for the proposed terms. On MOTION by Mr. Iorio, seconded by Mr. Franklin, with all in favor, the Landscape Maintenance Proposal from Florida Landscape Service of Central Florida, was approved. NINTH ORDER OF BUSINESS Staff Reports A. Attorney Ms. Rigoni provided a brief update on the approval of the Phase 1 acquisition and improvements. She added the scope of the acquisition and price was finalized in consultation with the project manager. She noted all form documents have been drafted and will finalized and circulated for signatures once the Engineer completes review and provides certificates, which Ms. Rigoni has previously sent. She added the plan is to submit the acquisition once completed. It was noted the Engineer had submitted his certificates this morning. B. Engineer Mr. Hindle had nothing further to report. C. District Manager’s Report i. Balance Sheet & Income Statement Ms. Adams presented the balance sheet as included in the agenda packet. She noted this is for information only. She added it is developer funded until 2024. ii. Presentation of Registered Voters – 0 Ms. Adams stated the number of registered voters currently residing in the District was zero. TENTH ORDER OF BUSINESS Other Business There being no comments, the next item followed. ELEVENTH ORDER OF BUSINESS Supervisors Requests and Audience Comments There being no comments, the next item followed. TWELFTH ORDER OF BUSINESS Adjournment On MOTION by Mr. Iorio, seconded by Mr. Franklin, with all in favor, the meeting was adjourned. ________________________ _____________________________ Secretary/Assistant Secretary Chairman/Vice Chairman RESOLUTION 2024-01 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE LAKE LIZZIE COMMUNITY DEVELOPMENT DISTRICT RATIFYING, CONFIRMING, AND APPROVING THE SALE OF THE LAKE LIZZIE COMMUNITY DEVELOPMENT DISTRICT CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 2023 (2023 ASSESSMENT AREA); RATIFYING, CONFIRMING AND APPROVING THE ACTIONS OF THE CHAIRMAN, VICE CHAIRMAN, TREASURER, SECRETARY, ASSISTANT SECRETARIES, AND ALL DISTRICT STAFF REGARDING THE SALE AND CLOSING OF THE LAKE LIZZIE COMMUNITY DEVELOPMENT DISTRICT CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 2023 (2023 ASSESSMENT AREA); AND DETERMINING SUCH ACTIONS AS BEING IN ACCORDANCE WITH THE AUTHORIZATION GRANTED BY THE BOARD; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Lake Lizzie Community Development District (the “District”) is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated in Osceola County, Florida; and WHEREAS, pursuant to Chapter 190, Florida Statutes, the District is authorized to construct, install, operate and/or maintain systems and facilities for certain basic infrastructure and other infrastructure projects and services necessitated by the development of, and serving lands within, the District; and WHEREAS, the District, on June 29, 2023, executed Bond Purchase Contract, agreeing to the sale of its $3,535,000 Lake Lizzie Community Development District Capital Improvement Revenue Bonds, Series 2023 (2023 Assessment Area) (the “Series 2023 Bonds”), at the terms and conditions provided therein; and WHEREAS, the District has previously considered and adopted a number of resolutions relating to the issuance of the Series 2023 Bonds and the imposition of special assessments securing the Series 2023 Bonds, including, but not limited to, Resolution Nos. 2023-26, 2023-41, 2023-24, 2023-25, 2023-30, 2023-34, and 2023-42; and WHEREAS, the District, on July 7, 2023, closed on the sale of its Series 2023 Bonds; and WHEREAS, as prerequisites to the issuance of the Series 2023 Bonds, the Chairman, Vice Chairman, Secretary, Treasurer, Assistant Secretaries, and District Staff, including the District Manager, District Assessment Consultant, District Engineer, and District Counsel, were required to execute and deliver various documents including, but not limited to: a Master Trust Indenture; a First Supplemental Trust Indenture; a Bond Purchase Agreement; a Preliminary Limited Offering Memorandum; a Limited Offering Memorandum; a specimen of the Series 2023 Bonds; a Certificate of the District Engineer; a Certificate of the District Manager and Methodology Consultant to the District; an Order to Authenticate and Deliver the Series 2023 Bonds; an Amended and Restated Master Engineer’s Report, dated November 2, 2022, as updated May 31, 2023; a First Supplemental Assessment Methodology for the Series 2023 Bonds, dated June 29, 2023; a Continuing Disclosure Agreement between the District, Hanover Tyson, LLC, a Florida limited liability company (the “Developer”), and a dissemination agent; an Amended and Restated Acquisition Agreement (Master Project) between the District and Developer; a Completion Agreement (Series 2023 Bonds – Phase 1) between the District and Developer; a True-Up Agreement (Series 2023 Assessments) between the District and Developer; a Collateral Assignment and Assumption Agreement (Series 2023 Bonds) between the District and Developer; a Declaration of Consent to Jurisdiction of the District and to Imposition of Debt Special Assessments (Series 2023 Assessments) between the District and Developer; a Declaration of Consent to Jurisdiction of the District and to Imposition of Debt Special Assessments (Series 2023 Assessments) between the District and HFB Trinity Place, LLC; Notice of Special Assessments / Government Lien of Record (Series 2023 Assessments); opinion of counsel to the District; and Internal Revenue Service Form 8038-G (collectively, the “Closing Documents”); and WHEREAS, the District finds that the sale, closing, and issuance of the Series 2023 Bonds was in the best interests of the District, and the District desires to ratify, confirm, and approve all actions of the District Chairman, Vice Chairman, Secretary, Treasurer, Assistant Secretaries, and District Staff in closing the issuance of the Series 2023 Bonds; and WHEREAS, the District has incurred certain expenses in finalizing the sale, closing, and issuance of the Series 2023 Bonds, the costs of which are not to exceed those reflected in Exhibit A attached hereto (the “Costs of Issuance”); and WHEREAS, the District finds the expenses incurred in finalizing the closing and issuance of the Series 2023 Bonds to be reasonable and in the best interests of the District, and the District desires to ratify payments made in relation to the closing and issuance of the Series 2023 Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE LAKE LIZZIE COMMUNITY DEVELOPMENT DISTRICT: SECTION 1. The sale, issuance, and closing of the Series 2023 Bonds and the adoption of resolutions relating to the Series 2023 Bonds under the terms and conditions set forth therein serve a public purpose and are in the best interests of the District and are hereby ratified, approved, and confirmed. SECTION 2. The resolutions levying and imposing the special assessments securing the Series 2023 Bonds remain in full force and effect and are hereby ratified and confirmed in all respects. SECTION 3. The actions of the Chairman, Vice Chairman, Secretary, Treasurer, Assistant Secretaries, and all District Staff in finalizing the closing and issuance of the Series 2023 Bonds, including the execution and delivery of the Closing Documents, and such other certifications or other documents required for the closing on July 7, 2023, are hereby ratified, approved, and confirmed in all respects. Copies of the Closing Documents are included in the Series 2023 Bond transcript on file at the District Manager’s Office located at 219 East Livingston Street, Orlando, Florida 32801. Said documents are specifically ratified, confirmed, and approved in all respects. SECTION 4. The Costs of Issuance listed in Exhibit A to this Resolution reflects reasonable, not to exceed costs incurred by the District in finalizing the sale, closing, and issuance of the Series 2023 Bonds necessary for financing the installation and construction of District infrastructure. Pursuant to the First Supplemental Trust Indenture for the Series 2023 Bonds, any remaining balance in the Series 2023 Costs of Issuance Account will be transferred to the Series 2023 Acquisition and Construction Account on or around 01/07/2024. The costs reflected in Exhibit A are hereby ratified, confirmed, and approved. SECTION 5. 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 of this Resolution not held to be invalid or unenforceable. SECTION 6. This Resolution shall become effective upon its passage. PASSED AND ADOPTED this 1st day of November 2023. ATTEST: LAKE LIZZIE COMMUNITY DEVELOPMENT DISTRICT _____________________________ _______________________________ Secretary/Assistant Secretary Chairman, Board of Supervisors EXHIBIT A Costs of Issuance: Fee Description NTE Amount Paid as of 10/26/2023 Difference Bond Counsel $45,000.00 $45,000.00 $0.00 District Counsel $45,000.00 $45,000.00 $0.00 Underwriter's Counsel $35,000.00 $35,000.00 $0.00 District Manager $15,000.00 $15,000.00 $0.00 Assessment Consultant $15,000.00 $15,000.00 $0.00 District Engineer $1,500.00 $.00 $1,500.00 Trustee $6,325.00 $6,125.00 $200.00 Trustee's Counsel $6,000.00 $6,000.00 $0.00 Electronic Distribution $2,250.00 $2,000.00 $250.00 Contingency $5,000.00 $.00 $5,000.00 Total Costs of Issuance $176,075 $169,125 $6,950 NOTE: The Trustee is directed to pay the professionals their fees upon receipt of invoices submitted in the amounts referenced above pursuant to the requisition process set forth in the trust indentures relating to the Series 2023 Bonds. RESOLUTION 2024-02 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE LAKE LIZZIE COMMUNITY DEVELOPMENT DISTRICT ACCEPTING A CERTIFICATE OF DISTRICT ENGINEER; RATIFYING, CONFIRMING AND APPROVING ACQUISITION OF PHASE 1 IMPROVEMENTS AND REQUISITION OF FUNDS, RECOGNIZING THE INFRASTRUCTURE CONTRIBUTION OF SERIES 2023 PROJECT INFRASTRUCTURE; APPROVING UNFUNDED REQUISITION AMOUNT FOR FUTURE REQUISITION; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Lake Lizzie Community Development District (the “District”) is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated in Osceola County, Florida; and WHEREAS, pursuant to Chapter 190, Florida Statutes, the District is authorized to construct, install, operate and/or maintain systems and facilities for certain basic infrastructure, including, but not limited to, roadways, stormwater management systems, potable and reclaimed water and sewer systems, utilities and other infrastructure, and associated professional fees for permitting, engineering and designing of the improvements necessitated by the development of, and serving lands within, the District; and WHEREAS, Hanover Tyson, LLC (the “Developer”) is the owner and primary developer of the lands within the boundaries of the District (the “Development”); and WHEREAS, the District has adopted an improvement plan to finance the planning, design, acquisition, construction, and installation of certain infrastructure improvements, facilities, and services (“Master Project”) as detailed in the Amended and Restated Master Engineer’s Report, dated November 2, 2022, as updated May 31, 2023 (the “Engineer’s Report”); and WHEREAS, the District previously issued its $3,535,000 Lake Lizzie Community Development District Capital Improvement Revenue Bonds, Series 2023 (2023 Assessment Area) (the “Series 2023 Bonds”) pursuant to that certain Master Trust Indenture (“Master Indenture”), as supplemented by the First Supplemental Trust Indenture (“Supplemental Indenture,” and together with the Master Indenture, the “Indenture”), both dated June 1, 2023, and by and between the District and U.S. Bank Trust Company, National Association (“Trustee”), in order to fund a portion of the Master Project (the “2023 Project”) as further described in the Engineer’s Report, and levied special assessments for the repayment of the Series 2023 Bonds (the “Assessments”), as further detailed in that certain Master Assessment Methodology, dated November 2, 2022 (the “Master Assessment Report”), as supplemented by the First Supplemental Assessment Methodology for the Series 2023 Bonds, dated June 29, 2023 (the “2023 Assessment Report” and together with the Master Assessment Report, the “Assessment Report”); and WHEREAS, in connection with the issuance of Series 2023 Bonds, the District and Developer entered into various financing agreements, including the Completion Agreement (Series 2023 Bonds – Phase 1) dated July 7, 2023 (“Completion Agreement”); and WHEREAS, as reflected in the Completion Agreement and the Assessment Report, the Assessment levels were determined based on targeted annual assessment installments provided by the Developer to achieve certain market-level, end user assessments; and WHEREAS, in order to achieve the targeted Assessment levels under the methodology provided in the Assessment Report, the Completion Agreement and 2023 Assessment Report requires that the Developer shall contribute Master Project infrastructure to satisfy the reduction of Assessments to certain targeted market-level assessments; and WHEREAS, based on the product types and number of units anticipated to fully absorb the Assessments, the Developer’s required in-kind contribution of infrastructure totals $620,000 (“Infrastructure Contribution Requirement”); and WHEREAS, on or about August 29, 2023, the District accepted and acquired certain infrastructure improvements that comprise a portion of the 2023 Project, as further described in the District Engineer’s certificate attached hereto as Exhibit A (“Infrastructure”), for which the costs to construct were advanced by the Developer in a total amount of $8,995,016.10 (or $9,940,816.95 once retainage is paid) (“Phase 1 Acquisition Cost”), as further set forth in Exhibit B attached hereto; and WHEREAS, pursuant to Requisition #3, the District paid $2,994,716.29 in Series 2023 Bond proceeds for the acquired Infrastructure (“Requisition Payment”); and WHEREAS, as requested by the Developer, the District desire to (i) recognize and accept $620,000 of the Phase 1 Acquisition Cost as a Contribution (as defined in the Completion Agreement) in full satisfaction of Developer’s Infrastructure Contribution Requirement; and (ii) recognize the remaining $5,380,299.811 in Phase 1 Acquisition Cost as unfunded Costs of the 2023 Project (“Unfunded Requisition Amount”), as further set forth in Exhibit B attached hereto; and 1 Note, the Unfunded Requisition Amount may increase to $6,326,100.66 once its confirmed that the retainage associated with the Infrastructure has been paid. WHEREAS, pursuant to Section 403 of the Supplemental Indenture, the District further desires to recognize that the Unfunded Requisition Amount is eligible to be paid as future funds, if any, are released and deposited into the Series 2023 Acquisition and Construction Account, including but not limited to as a result of satisfying Reserve Account Release Conditions (as defined in the Supplemental Indenture). NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE LAKE LIZZIE COMMUNITY DEVELOPMENT DISTRICT: SECTION 1. Acceptance of Engineer’s Certificate. The District hereby accepts the District Engineer’s certificate regarding the Infrastructure attached hereto as Exhibit A certifying, inter alia, the Infrastructure as complete, the Infrastructure as within the scope of the 2023 Project, and the total Phase 1 Acquisition Costs of the Infrastructure. SECTION 2. Ratifying Acquisition of Infrastructure and Requisition of Funds. The District hereby ratifies, confirms and approves the acquisition of Infrastructure at the Phase 1 Acquisition Cost amount and requisition of Series 2023 Bond funds in the Requisition Payment amount to acquire such Infrastructure. SECTION 3. Contribution Recognized. The District hereby recognizes, accepts, and acknowledges $620,000 of the Phase 1 Acquisition Costs as an infrastructure Contribution in the amount of $620,000. The District hereby acknowledge that such Contribution satisfies the Developer’s Infrastructure Contribution Requirement in full as provided in the Completion Agreement and the Assessment Report. SECTION 4. Approving Unfunded Requisition Amount; Authorizing Future Requisition. Pursuant to Section 4.01 of the Supplemental Indenture, the District acknowledges and approves $5,380,299.812 as the Unfunded Requisition Amount, as further set forth in Exhibit B, and authorizes and directs the District’s Consulting Engineer and Responsible Officer, as such terms are defined in the Supplemental Indenture, to submit a requisition to pay for the Unfunded Requisition Amount as future funds are released and deposited in the Series 2023 Acquisition and Construction Account. 2 Note, the Unfunded Requisition Amount may increase to $6,326,100.66 once its confirmed that the retainage associated with the Infrastructure has been paid. SECTION 5. Severability. If any provision of this Resolution is held to be illegal or invalid, the other provisions shall remain in full force and effect. SECTION 6. Effective Date. This Resolution shall become effective upon its passage and shall remain in effect unless rescinded or repealed. [remainder of page left intentionally blank] PASSED AND ADOPTED this ___ day of ________________ 2023. ATTEST: LAKE LIZZIE COMMUNITY DEVELOPMENT DISTRICT ______________________________ _______________________________ Secretary/Assistant Secretary . Chairman . Vice Chairman Board of Supervisors Exhibit A: Engineer’s Certificate Regarding Infrastructure Exhibit B: Summary Chart of Phase 1 Acquisition Costs Exhibit A: Engineer’s Certificates Regarding Costs of Infrastructure Exhibit B: Summary Chart of Phase 1 Acquisition Costs Trinity Place – Phase 1 Improvements Eligible Costs Retainage1 (10%) Phase 1 Acquisition Cost Master Stormwater, Potable Water, Reclaimed Water, Sanitary Sewer, Lift Station and Roadway Improvements $9,469,286.95 $945,800.85 $8,523,486.10 Electrical Conduit $471,530 $0 $471,530.00 Sub-TOTAL $9,940,816.95 $945,800.85 $8,995,016.10 (Less) Infrastructure Contribution Requirements2 ($620,000.00) -- ($620,000.00) TOTAL $9,320,816.95 $8,375,016.10 TOTAL ELIGIBLE PHASE 1 ACQUISITION COST3 $9,320,816.95 $8,375,016.10 (Less) Requisition Payment ($2,994,716.29) ($2,994,716.29) Unfunded Requisition Amount4 $6,326,100.66 $5,380,299.81 Footnotes: 1 Any Retainage related to the Phase 1 Acquisition Cost shall be requisitioned by the District only upon notice from the District Engineer that the Retainage has been released to the contractor(s). 2 Required Developer Contribution as required and as set forth in that certain Completion Agreement (Series 2023 Bonds – Phase 1) dated July 7, 2023, and the First Supplemental Assessment Methodology Report for the Series 2023 Bonds, dated June 29, 2023. 3 Note, the Phase 1 Acquisition Costs eligible for payment out of the Series 2023 Acquisition and Construction Account total $8,375,016.10 (or $9,320,816.95 once retainage is paid), which exceeds the amount available for payment in the Series 2023 Acquisition and Construction Account as of the date of the Requisition Payment. 4 Represents the remaining Phase 1 Acquisition Cost not paid pursuant to the Requisition Payment or recognized in satisfaction of the Infrastructure Contribution Requirement and eligible to be paid as future funds may be released and deposited in the Series 2023 Acquisition and Construction Account, under Section 403 of the First Supplemental Trust Indenture, dated as of July 1, 2023, all in accordance therewith. This instrument was prepared by: Michelle K. Rigoni Kutak Rock LLP 107 W College Ave Tallahassee, Florida 32301 LAKE LIZZIE COMMUNITY DEVELOPMENT DISTRICT DISCLOSURE OF PUBLIC FINANCE The Lake Lizzie Community Development District (“District”) is a unit of special-purpose local government created pursuant to and existing under the provisions of Chapter 190, Florida Statutes. Under Florida law, community development districts are required to take affirmative steps to provide for the full disclosure of information relating to the public financing and maintenance of improvements to real property undertaken by such districts. WHAT IS THE DISTRICT AND HOW IS IT GOVERNED? The District is an independent special taxing district, created pursuant to and existing under the provisions of Chapter 190, Florida Statutes, and established by Ordinance No. 2022-108, which was enacted by the Board of County Commissioners of Osceola County, Florida (“County”), which became effective on October 25, 2022. The District currently encompasses approximately 72.18 acres of land located entirely within the unincorporated portions of the County. The legal description of the lands encompassed within the District is attached hereto as Exhibit A. As a local unit of special-purpose government, the District provides an alternative means for planning, financing, constructing, operating and maintaining various public improvements and community facilities within its jurisdiction. The District is governed by a five-member Board of Supervisors (“Board”), the members of which are initially elected by landowners within the District and must be a resident of the State and a citizen of the United States. Upon the later of six (6) years after the District’s establishment and the year when the District next attains at least two hundred fifty (250) qualified electors, Supervisors whose terms are expiring will begin to be elected by qualified electors of the District. A qualified elector is a registered voter of the County who is at least eighteen (18) years of age, a resident of the District and the State, and a citizen of the United States. At the first qualified elector election, two of the Supervisor seats up for election must be filled by qualified electors and be elected by qualified electors, each elected to four-year terms. The seat of the remaining Supervisor up for election shall be filled by a Supervisor who is elected by the landowners for a four-year term and who is not required to be a qualified elector. Thereafter, as terms expire, all Supervisors must be qualified electors and must be elected by qualified electors to serve staggered four-year terms. For more information about the District, please visit: http://www.lakelizziecdd.com. Alternatively, please contact the District’s Manager, c/o Governmental Management Services – Central Florida, LLC, 219 East Livingston Street, Orlando, Florida 32801, (407) 841- 5524 (“District Office”). DESCRIPTION OF PROJECTS, BONDS & ASSESSMENTS The District is authorized by Chapter 190, Florida Statutes, to finance, fund, plan, establish, acquire, install, equip, operate, extend, construct, or reconstruct roadways, stormwater management facilities, utilities (water, sewer, and reuse), offsite improvements, landscape/irrigation/hardscape improvements, and other infrastructure projects, and services necessitated by the development of, and serving lands within, the District. To finance the construction of such projects, the District is authorized to issue bonds that are secured by special assessments levied against properties within the District that are benefitted by the projects. 2023 Bonds & Assessments On July 7, 2023, the District issued its $3,535,000 Capital Improvement Revenue Bonds, Series 2023 (2023 Assessment Area) (“Bonds”) to finance a portion of its capital improvement plan known as the “Series 2023 Project” (“Project”). The Project includes, among other things, stormwater management infrastructure, water, sewer, and reclaim utilities, roadways, landscape, irrigation, hardscape and trails, undergrounding of conduit, environmental conservation / mitigation, and related professional services. The Project is estimated to cost approximately $18,372,400, and is described in more detail in the Amended and Restated Master Engineer’s Report, dated November 2, 2022, as updated May 31, 2023 (“Engineer’s Report”). The Bonds are secured by debt service special assessments (“Assessments”) levied and imposed on the benefitted lands within the District. The Assessments are further described in the Master Assessment Methodology, dated November 2, 2022, and as supplemented by the First Supplemental Assessment Methodology for the Series 2023 Bonds, dated June 29, 2023 (together, the “Assessment Report”). Please contact the District Office for more information regarding the allocation of the Assessments. The District may issue additional bonds to fund portions of the Project not funded by the Bonds or may undertake the construction, acquisition, or installation of other future improvements and facilities, which may be financed by bonds, notes or other methods authorized by Chapter 190, Florida Statutes. Operation and Maintenance Assessments In addition to the Assessments, the District may also impose on an annual basis operations and maintenance assessments (“O&M Assessments”), which are determined and calculated annually by the Board in order to fund the District’s annual operations and maintenance budget. O&M Assessments are levied against benefitted lands in the District, and may vary from year to year based on the amount of the District’s budget. O&M Assessments may also be affected by the total number of units that ultimately are constructed within the District. The allocation of O&M Assessments is set forth in the resolutions imposing such O&M Assessments. Please contact the District Office for more information regarding the allocation of O&M Assessments. Collection Methods For any given fiscal year, the District may elect to collect any special assessment for any lot or parcel by any lawful means. Generally speaking, the District may elect to place a special assessment on that portion of the annual real estate tax bill, entitled “non-ad valorem assessments,” which would then be collected by the Osceola County Tax Collector in the same manner as County ad valorem taxes. Alternatively, the District may elect to collect any special assessment by sending a direct bill to a given landowner. The District reserves the right to change collection methods from year to year. A detailed description of all of the District’s assessments, fees and charges, as well as copies of the Engineer’s Report, Assessment Report, and other District records described herein, may be obtained from the registered agent of the District as designated to the Florida Department of Commerce in accordance with Section 189.014, Florida Statutes, or by contacting the District Office. Please note that changes to the District’s capital improvement plans and financing plans may affect the information contained herein and all such information is subject to change at any time and without further notice, amendment, or supplementation hereunder. [THIS SPACE INTENTIONALLY LEFT BLANK] IN WITNESS WHEREOF, the foregoing Disclosure of Public Finance has been executed to be effective as of the ___ day of _________________ 2023. WITNESS By: Name: LAKE LIZZIE COMMUNITY DEVELOPMENT DISTRICT By: Name: Title: By: Name: STATE OF FLORIDA COUNTY OF _____________ The foregoing instrument was acknowledged before me by means of . physical presence or . online notarization, this _____ day of __________, 2023, by _________________________, as _________________ of LAKE LIZZIE COMMUNITY DEVELOPMENT DISTRICT, who appeared before me this day in person, and who is either personally known to me, or produced ______________________ as identification. (NOTARY SEAL) ____________________________________ NOTARY PUBLIC, STATE OF FLORIDA Name:_____________________________ (Name of Notary Public, Printed, Stamped or Typed as Commissioned) EXHIBIT A: Legal Description of Boundaries of District EXHIBIT A Legal Description of Boundaries of District Lake Lizzie Community Development District Funding Request #8 June 13, 2023 Bill to: Hanover Tyson, LLC CAPITAL PROJECTS (1) General Fund FY2023 FY2023 Payee 1 Governmental Management Services Invoice #8 - June 2023 1,822.70 $ 2 Kutak Rock LLP Invoice # 3225776 - General Counsel - April 2023 Invoice # 3225777 - Bond Validation - April 2023 $ 518.00 $ 254.75 3 Supervisor Fees - 06/07/23 meeting Duane "Rocky" Owen Thomas Franklin $ 215.30 $ 215.30 $ 254.75 $ 2,771.30 Total: $ 3,026.05 Please make check payable to: Lake Lizzie Community Development District 6200 Lee Vista Blvd, Suite 300 Orlando, FL 32822 Lake Lizzie Community Development District Funding Request #9 June 30, 2023 Bill to: Hanover Tyson, LLC CAPITAL PROJECTS (1) General Fund FY2023 FY2023 Payee 1 Kutak Rock LLP Invoice # 3238060 - General Counsel - May 2023 Invoice # 3238062 - Project Construction - April 2023 2,029.50 $ $ 1,035.50 $ 1,035.50 $ 2,029.50 Total: $ 3,065.00 Please make check payable to: Lake Lizzie Community Development District 6200 Lee Vista Blvd, Suite 300 Orlando, FL 32822 Lake Lizzie Community Development District Funding Request #10 July 17, 2023 Bill to: Hanover Tyson, LLC General Fund FY2023 Payee 1 Governmental Management Services Invoice # 10 - Management Fees - July 2023 1,826.69 $ 2 Orlando Sentinel Invoice # 075199853000 - Legal Advertising $ 1,390.00 3 Supervisor Fees - 07/05/23 meeting Duane "Rocky" Owen Thomas Franklin $ 2 15.30 $ 2 15.30 $ 3,647.29 Total: $ 3,647.29 Please make check payable to: Lake Lizzie Community Development District 6200 Lee Vista Blvd, Suite 300 Orlando, FL 32822 Lake Lizzie Community Development District Funding Request #11 July 28, 2023 Bill to: Hanover Tyson, LLC CAPITAL PROJECTS (1) General Fund FY2023 FY2023 Payee 1 Kutak Rock LLP Invoice # 3252928 - General Counsel - June 2023 Invoice # 3252946 - Project Construction - June 2023 2,056.00 $ $ 3,079.00 $ 3,079.00 $ 2,056.00 $ 5,135.00 Please make check payable to: Lake Lizzie Community Development District 6200 Lee Vista Blvd, Suite 300 Orlando, FL 32822 Lake Lizzie Community Development District Funding Request #12 August 11, 2023 Bill to: Hanover Tyson, LLC General Fund FY2023 Payee 1 Governmental Management Services Invoice # 11 - Management Fees - August 2023 3,793.65 $ $ 3,793.65 $ 3,793.65 Please make check payable to: Lake Lizzie Community Development District 6200 Lee Vista Blvd, Suite 300 Orlando, FL 32822 Lake Lizzie Community Development District Funding Request #13 September 15, 2023 Bill to: Hanover Tyson, LLC General Fund FY2023 Payee 1 Governmental Management Services Invoice # 12 - Management Fees - September 2023 3,791.67 $ 2 Kutak Rock LLP Invoice # 3265513 - General Counsel - July 2023 $ 559.00 $ 4 ,350.67 $ 4,350.67 Please make check payable to: Lake Lizzie Community Development District 6200 Lee Vista Blvd, Suite 300 Orlando, FL 32822 Lake Lizzie Community Development District Funding Request #14 September 25, 2023 Bill to: Hanover Tyson, LLC General Fund FY2024 Payee 1 Egis Insurance & Risk Advisors, LLC Invoice # 19216 - FY24 Insurance Policy 5,000.00 $ $ 5,000.00 $ 5,000.00 Please make check payable to: Lake Lizzie Community Development District 6200 Lee Vista Blvd, Suite 300 Orlando, FL 32822 Lake Lizzie Community Development District Funding Request #15 October 16, 2023 Bill to: Hanover Tyson, LLC General Fund General Fund FY2023 FY2024 Payee 1 Governmental Management Services Invoice # 13 - Management Fees - October 2023 3,795.10 $ Kutak Rock LLP Invoice # 3282425 - General Counsel - August 2023 $ 535.69 $ 535.69 $ 3 ,795.10 Total: $ 4,330.79 Please make check payable to: Lake Lizzie Community Development District 6200 Lee Vista Blvd, Suite 300 Orlando, FL 32822