Cypress Park Estates Community Development District
Meeting Agenda October 25, 2022

- AGE ·oA

Cypress Park Estates
Community Development District

219 East Livingston Street, Orlando, Florida 32801 Phone: 407-841-5524 – Fax: 407-839-1526

October 18, 2022

Board of Supervisors Cypress Park Estates
Community Development District

Dear Board Members:

The regular meeting of the Board of Supervisors of the Cypress Park Estates Community Development District will be held Tuesday, October 25, 2022 at 11:00 AM via Zoom using the information provided below. Attendees may either use the Zoom Video Link or Zoom Call-In Number to attend the meeting.

Zoom Link: https://us06web.zoom.us/j/86366541079
Call-In Information: 1-646-876-9923
Meeting ID: 863 6654 1079

Following is the advance agenda for the meeting:

Board of Supervisors Meeting

Roll Call
Public Comment Period (1Speakers may submit questions and comments to the District Manager prior to the beginning of the meeting via email at jburns@gmscfl.com)
Approval of Minutes of the August 23, 2022 Board of Supervisors Meeting
Presentation of Field Conveyance Report
Consideration of Phase 1 Conveyance Documents
Consideration of Engagement Letter for Fiscal Year 2022 Audit Services with Grau & Associates
Ratification of Fiscal Year 2023 Developer Funding Agreement
Ratification of Government Leasing Playground Lease Assignment Agreement
Staff Reports
Attorney
Engineer
Field Manager’s Report
Update Regarding Hurricane Damage and Clean-Up
Consideration of Proposal for Rear Gate Camera/Keypad from Current Demands (to be provided under separate cover)

1 Comments will be limited to three (3) minutes

District Manager’s Report
Approval of Check Register (to be provided under separate cover)
Balance Sheet & Income Statement (to be provided under separate cover)
Update Regarding Fee for Library Meeting Room Use
Other Business
Supervisors Requests and Audience Comments
Adjournment

MINUTES

MINUTES OF MEETING CYPRESS PARK ESTATES
COMMUNITY DEVELOPMENT DISTRICT

The regular meeting of the Board of Supervisors of the Cypress Park Estates Community Development District was held Tuesday, August 23, 2022 at 11:04 a.m. at the Lake Alfred Public Library, 245 N. Seminole Ave., Lake Alfred, Florida.

Present and constituting a quorum:

Scott Shapiro	Chairman
Steve Rosser	Assistant Secretary
Hyzens Marc	Assistant Secretary
Allan Keen	Assistant Secretary Also present were:
Jill Burns	District Manager, GMS
Jennifer Kilinski	KE Law
Grace Kobitter	KE Law
Marshall Tindall	Field Manager, GMS

FIRST ORDER OF BUSINESS	Roll Call
Ms. Burns called the meeting to order and called the roll. Four Board members were present constituting a quorum.

SECOND ORDER OF BUSINESS	Public Comment Period
Ms. Burns noted that no members of the public were present to provide comments.

THIRD ORDER OF BUSNESS	Approval of the Minutes of the June 13,
2022 Continued Board of Supervisors Meeting and the June 28, 2022 Board of Supervisors Meeting
Ms. Burns asked for any questions, comments, corrections to the June 13, 2022 continued Board of Supervisors meeting minutes and the June 28, 2022 Board of Supervisors meeting minutes. The Board had no changes.

On MOTION by Mr. Keen, seconded by Mr. Shapiro, with all in favor, the Minutes of the June 13, 2022 Continued Board of Supervisors Meeting and the June 28, 2022 Board of Supervisors Meeting, were approved.

FOURTH ORDER OF BUSINESS	Public Hearings
Public Hearing on the Adoption of the District’s Fiscal Year 2023 Budget
Ms. Burns noted that this public hearing had been advertised in the paper.

On MOTION by Mr. Shapiro, seconded by Mr. Keen, with all in favor, Opening the Public Hearing, was approved.

Ms. Burns stated that there were no members of the public present or joining via Zoom.

On MOTION by Mr. Shapiro, seconded by Mr. Marc, with all in favor, Closing the Public Hearing, was approved.

Consideration of Resolution 2022-11 Adoption of the District’s Fiscal Year 2023 Budget and Appropriating Funds
Ms. Burns noted that this resolution was included in the agenda package for review. She stated that there was an updated version that was sent out yesterday. She stated that this version lowered the platted lot assessment to the gross $1,025 per unit and a developer contribution to offset that amount was listed as well. She noted that for the assessments direct billed, it would be
$13,810 billed to offset that amount.

On MOTION by Mr. Shapiro, seconded by Mr. Marc, with all in favor, Resolution 2022-11 Adoption of the District’s Fiscal Year 2023 Budget and Appropriating Funds, was approved.

Consideration of Fiscal Year 2023 Developer Funding Agreement
Ms. Burns noted that this was not in the agenda package. She noted to approve this with the entity, and they would finalize it and authorize the Chairman to get it executed.

On MOTION by Mr. Shapiro, seconded by Mr. Keen, with all in favor, the Fiscal Year 2023 Developer Funding Agreement, was approved.

Public Hearing on the Imposition of Operations and Maintenance Special Assessments
Ms. Burns noted that this public hearing had been advertised and mailed notice was sent to property owners within the community.

On MOTION by Mr. Shapiro, seconded by Mr. Keen, with all in favor, Opening the Public Hearing, was approved.

Ms. Burns noted that there were no members of the public present at this time.

On MOTION by Mr. Marc, seconded by Mr. Keen, with all in favor, Closing the Public Hearing, was approved.

Consideration of Resolution 2022-12 Imposing Special Assessments and Certifying an Assessment Roll
Ms. Burns noted that this resolution imposed the O&M assessment based on the budget that the Board just adopted. She noted that a copy of the assessment roll was included in the agenda package for review. She stated that Phase 1 would all be collected on roll and there was a collection schedule for the undeveloped property as well.

On MOTION by Mr. Keen, seconded by Mr. Marc, with all in favor, Resolution 2022-12 Imposing Special Assessments and Certifying an Assessment Roll, was approved.

Public Hearing on the Adoption of the Amenity Policies and Rates
Ms. Burns noted that this public hearing was advertised in the paper.

On MOTION by Mr. Shapiro, seconded by Mr. Keen, with all in favor, Opening the Public Hearing, was approved.

Consideration of Resolution 2022-13 Adopting Amenity Policies and Rates for the District
Ms. Burns noted that this resolution was included in the agenda package for review. She stated that this had not changed since the last time that the Board reviewed these policies. She noted that there was an issue with the access control system and that the facility was not open at

this time. She explained that they had collected complications from residents, and they anticipated that Mr. Tindall would have an update on that. She noted that they anticipated to be able to open that on Monday for everyone.

On MOTION by Mr. Shapiro, seconded by Mr. Keen, with all in favor, Resolution 2022-13 Adopting Amenity Policies and Rates for the District, was approved.

On MOTION by Mr. Keen, seconded by Mr. Marc, with all in favor, Closing the Public Hearing, was approved.

FIFTH ORDER OF BUSINESS	Resolution 2022-14 Designation of Regular
Monthly Meeting Date, Time, and Location for Fiscal Year 2023
Ms. Burns noted that the proposed date was the fourth Thursday at 11:00 a.m. and they were currently meeting the fourth Tuesday. After Board discussion, they decided to keep the fourth Tuesday at 11:00 a.m.

On MOTION by Mr. Shapiro, seconded by Mr. Marc, with all in favor, Resolution 2022-14 Designation of Regular Monthly Meeting Date, Time, and Location for Fiscal Year 2023 for the Fourth Tuesday of Every Month at 11:00 a.m., was approved.

SIXTH ORDER OF BUSINESS	Ratification of Escrow Agreement
Ms. Burns noted that this was included in the agenda package for review. She stated that this had already been approved and was to escrow the funds required to build the amenity facility.

On MOTION by Mr. Shapiro, seconded by Mr. Keen, with all in favor, the Escrow Agreement, was ratified.

SEVENTH ORDER OF BUSINESS	Ratification of Leasing Contract
Ms. Burns stated that this was still being worked out with the entity leasing the playground structure. She noted that what was in the agenda package was substantially the same. She noted that this was the actual agreement and that they were waiting to get the updated version for the Board to sign. She noted that the terms in it for the payments were the same.

On MOTION by Mr. Shapiro, seconded by Mr. Marc, with all in favor, the Leasing Contract, was ratified.

EIGHTH ORDER OF BUSINESS	Consideration of Landscape Improvement
Installation Agreement with Stewart & Associates Property Services, Inc. – ADDED
Ms. Burns stated that this was for Phases 2 and 3. She noted that the total amount listed was $394,508 and it was for them to install the common area landscaping.

On MOTION by Mr. Shapiro, seconded by Mr. Keen, with all in favor, the Landscape Improvement Installation Agreement with Stewart & Associates Property Services, Inc., was approved.

NINTH ORDER OF BUSINESS	Staff Reports
Attorney
Ms. Kobitter had nothing further for the Board.

Engineer
There being none, the next item followed.

Field Manager’s Report
Mr. Tindall reviewed over the field manager’s report with the Board. He noted that most of the landscaping with sod and palms had gone in. He noted that they would monitor the newly installed landscaping progress. He noted that they had been monitoring the landscaper and trying to keep them on point. He stated that the walls were cleaned up and looking good. He stated that the cameras were going to go in, which would not hold up the amenity opening. He noted that they got the key card system figured out. He explained that there were some issues with Spectrum that they had been fighting with for a couple of weeks, but they had those figured out and was getting everything set up with that. He noted that pro playgrounds did not include the resetting of the pavers after they were done. After discussion, they would go ahead and get their maintenance crew to get that this week so they could get the amenity opened as soon as possible here. He noted that they got the janitorial and pool vendor squared away. He noted that the playground looked good,

the trash cans were delivered, the benches were all in, bike rack was in, and everything else looked good.

Dumpster Pricing from Haines City
Mr. Tindall presented the dumpster proposal to the Board. He noted that they had the dumpster enclosure set up and there was a concluded pricing from the city. He recommended the 4-year dumpster once a week. He explained that they had did this at the other locations and it had been successful. He noted that it would be $142.37 a month. Ms. Burns noted that if they found that they needed to empty it more frequently, they could always increase in the future.

On MOTION by Mr. Shapiro, seconded by Mr. Keen, with all in favor, Dumpster 4 Yard with Once a Week Pick Up, was approved.

Proposal from GMS for Permanent Garbage Cans
Mr. Tindall presented the proposal for permanent garbage cans. He noted that the permanent garbage cans were not included in pro playground scope. He recommended, based on the size of the facility, about 5 garbage cans. He stated that he had included a few options. He recommended option 3, which was 42 gallons without accents. He noted that these had been successful at the other locations. After discussion, the Board decided to go with option 3.

On MOTION by Mr. Keen, seconded by Mr. Marc, with all in favor, the Proposal from GMS for Permanent Garbage Cans, was approved.

Proposal from Resort Pool Services for Fountain Maintenance
Mr. Tindall presented the proposal for the fountain maintenance to the Board. He noted that the fountain at the entrance was coming along. He stated that he called the manufacturer, and they did not offer a service agreement, so he went ahead a talked to the pool vendor since he was going to be on site anyway and he provided the contract that was in the agenda package. He recommended to have him while he was on site. The Board agreed with Mr. Tindall’s recommendation.

On MOTION by Mr. Keen, seconded by Mr. Marc, with all in favor, the Proposal from Resort Pool Services for Fountain Maintenance, was approved.

Proposals for Pest Control Contract (to be provided under separate cover)
Mr. Tindall presented the proposal for the Pest Control Contract which was discussed at the last meeting for termite protection. He stated that he recommended, based on all his research, to go with Massey because they were the cheapest and they were good on their service. He noted that as far as basic pest control goes, it would run $40 a month for these facilities. He stated that as far as termites go, that would be an annual initial fee of $696, which included bait stations and a spray treatment of the wood in the attic. He noted that every year after that would be $240. He explained that it was $50,000 per incident of coverage from the event that anything happened up to $250,000.

On MOTION by Mr. Shapiro, seconded by Mr. Marc, with all in favor, Accepting the Proposal for Pest Control Contract from Massey for $40 a Month Regular Pest Control and the Terminate Treatments, was approved.

District Manager’s Report
Approval of Check Register
Ms. Burns presented the check register to the Board, which was included in the agenda package.

On MOTION by Mr. Shapiro, second by Mr. Marc, with all in favor, the Check Register, was approved.

Balance Sheet and Income Statement
Ms. Burns noted that the financial statements through July 31, 2022 were included in the agenda package for review and there was no action required.

TENTH ORDER OF BUSINESS	Other Business
There being none, the next item followed.

ELEVENTH ORDER OF BUSINESS	Supervisors	Requests	and	Audience
Comments
There being none, the next item was followed.

TWELFTH ORDER OF BUSINESS	Adjournment
Ms. Burns asked for a motion to adjourn.

On MOTION by Mr. Shapiro, seconded by Mr. Marc, with all in favor, the meeting was adjourned.

Secretary/Assistant Secretary	Chairman/Vice Chairman

Section IV

Conveyance Report

18272877060

Reference Number: Form Name: Submitter Name:

Submission Date: Location:

20221018-18272877060
Conveyance Report
Marshall Tindall (mtindall@gmscfl.com) | mtindall@gmscfl.com
Oct 18, 2022 7:59:00 AM EDT
4190 Citrus St, Kissimmee, FL 34746, USA Oct 18, 2022 7:58:51 AM EDT [ View Map ]

.	
NEW PAGE	
Conveyance Review	
District	Cypress Park Estates
Site Inspected By	Marshall Tindal - Assistant Field Manager	
Issue Details	
ISSUE DETAILS	1 OF 16

Issue Details
Date / Time	Oct 17, 2022 5:30:00 PM EDT
GeoLocation	655 Silver Palm Dr, Haines City, FL 33844, USA latitude: 28.1202621 altitude: 5.2
longitude: -81.5749416 [ viewMap ]	
.

Action Item Picture

Action Item Description	Completed: Item 1of14 from previous report 7/19
*missing sod was added	
ISSUE DETAILS	2 OF 16

Issue Details
Date / Time	Oct 17, 2022 5:30:00 PM EDT
GeoLocation	655 Silver Palm Dr, Haines City, FL 33844, USA latitude: 28.1207192 altitude: 5.2
longitude: -81.5749882 [ viewMap ]
Action Item Picture

Action Item Description	Completed: Item 2of14 from previous report 7/19
*additional rip rap and sod installed around MES washout tract C	
ISSUE DETAILS	3 OF 16

Issue Details
Date / Time	Oct 17, 2022 5:30:00 PM EDT
GeoLocation	1803 Silverbell Lp, Haines City, FL 33844, USA latitude: 28.1210824 altitude: 5.2
longitude: -81.5751568 [ viewMap ]
Action Item Picture

Action Item Description	Completed: Item 3of14 from previous report 7/19
*additional rip rap and sod installed around MES washout tract C	

ISSUE DETAILS	4 OF 16

Issue Details
Date / Time	Oct 17, 2022 5:30:00 PM EDT
GeoLocation	660 Silver Palm Dr, Haines City, FL 33844, USA latitude: 28.1210255 altitude: 5.2
longitude: -81.5740751 [ viewMap ]
Action Item Picture

Action Item Description	Item 4of14 from previous report 7/19
*new sod was installed, but existing sod along bank was damaged near skimmer.

Action requested: add sod to repair damaged sod on slope	
ISSUE DETAILS	5 OF 16

Issue Details
Date / Time	Oct 17, 2022 5:30:00 PM EDT
GeoLocation	655 Silver Palm Dr, Haines City, FL 33844, USA latitude: 28.1202629 altitude: 5.2
longitude: -81.5749486 [ viewMap ]
Action Item Picture

Action Item Description	Completed: Item 5of14 from previous report 7/19
*Sod was in installed to fill Gap in tract E	
ISSUE DETAILS	6 OF 16

Issue Details
Date / Time	Oct 17, 2022 5:30:00 PM EDT
GeoLocation	1926 Pond Pne Ct, Haines City, FL 33844, USA latitude: 28.1197612 altitude: 5.2	

longitude: -81.5741412 [ viewMap ]
Action Item Picture

Action Item Description	Item 6of14 from previous report 7/19 Tract E - poorly established sod areas
Action Requested: Add in additional sod to fill gaps where initial sod did not establish well to improve slope stability.	
ISSUE DETAILS	7 OF 16

Issue Details
Date / Time	Oct 17, 2022 5:30:00 PM EDT
GeoLocation	655 Silver Palm Dr, Haines City, FL 33844, USA latitude: 28.120256 altitude: 5.2
longitude: -81.5749475 [ viewMap ]
Action Item Picture

Action Item Description	Item 7of14 from previous report 7/19
*Baker Dairy monument and landacaping are in progress.

Action Requested: none at this time. monitor for final completion.	
ISSUE DETAILS	8 OF 16

Issue Details
Date / Time	Oct 17, 2022 5:30:00 PM EDT
GeoLocation	621 Silver Palm Dr, Haines City, FL 33844, USA latitude: 28.1206127 altitude: 3.9
longitude: -81.5724717 [ viewMap ]
Action Item Picture	

Action Item Description	Item 8of14 from previous report 7/19 Tract D sod gap by lift station

*new sod was installed in tract D by lift station, but a sod gap is still present adjacent to home lot.

Action requested: add sod to fill gap.	
ISSUE DETAILS	9 OF 16

Issue Details
Date / Time	Oct 17, 2022 5:30:00 PM EDT
GeoLocation	600 Silver Palm Dr, Haines City, FL 33844, USA latitude: 28.1197697 altitude: 3.8
longitude: -81.5719258 [ viewMap ]
Action Item Picture

Action Item Description	Completed: Item 9of14 from previous report 7/19
*Sod was in installed to fill Gap in tract D beind lot 22	
ISSUE DETAILS	10 OF 16

Issue Details
Date / Time	Oct 17, 2022 5:30:00 PM EDT
GeoLocation	600 Silver Palm Dr, Haines City, FL 33844, USA latitude: 28.1197638 altitude: 3.8
longitude: -81.5719382 [ viewMap ]
Action Item Picture	

Action Item Description	Item 10/11of14 from previous report 7/19

Tract D: unstable dry pond slope along southeast fence.

Action Requested: Add soil and regrade as needed along fence so that is mowable. Add sod along slope to stabilize and where it is missing and/or did not stablize.	
ISSUE DETAILS	11 OF 16

Issue Details
Date / Time	Oct 17, 2022 5:30:00 PM EDT
GeoLocation	1329 Tupelo Trl, Haines City, FL 33844, USA latitude: 28.1143327 altitude: 9.3
longitude: -81.5740842 [ viewMap ]
Action Item Picture

Action Item Description	Completed: Item 12of14 from previous report 7/19
*Sod and landscaping were installed to fill Gap in tract M	

ISSUE DETAILS	12 OF 16

Issue Details
Date / Time	Oct 17, 2022 5:30:00 PM EDT
GeoLocation	1329 Tupelo Trl, Haines City, FL 33844, USA latitude: 28.1141913 altitude: 9.3
longitude: -81.5742281 [ viewMap ]
Action Item Picture

Action Item Description	Item 13of14 from previous report 7/19
*right of way south of tract M needs repair.	
ISSUE DETAILS	13 OF 16

Issue Details
Date / Time	Oct 17, 2022 5:30:00 PM EDT
GeoLocation	1329 Tupelo Trl, Haines City, FL 33844, USA latitude: 28.1147778 altitude: 8.9
longitude: -81.5741224 [ viewMap ]
Action Item Picture

Action Item Description	Completed: Item 14of14 from previous report 7/19
*Sod was in installed to fill Gap in tract M	
ISSUE DETAILS	14 OF 16

Issue Details
Date / Time	Oct 17, 2022 5:30:00 PM EDT
GeoLocation	621 Silver Palm Dr, Haines City, FL 33844, USA latitude: 28.1205101 altitude: 3.9
longitude: -81.5725981 [ viewMap ]
Action Item Picture	

Action Item Description	Tract D - damage to existing sod beside lot 28. Action Requested: Add sod to bank to stabilize.	
ISSUE DETAILS	15 OF 16

Issue Details
Date / Time	Oct 17, 2022 5:30:00 PM EDT
GeoLocation	597 Silver Palm Dr, Haines City, FL 33844, USA latitude: 28.1196876 altitude: 4.1
longitude: -81.5725114 [ viewMap ]
Action Item Picture

Action Item Description	Tract D - Damaged drain grate.

Action requested: Replace the damaged skimmer grate that has hole.	
ISSUE DETAILS	16 OF 16

Issue Details
Date / Time	Oct 17, 2022 5:30:00 PM EDT
GeoLocation	1329 Tupelo Trl, Haines City, FL 33844, USA latitude: 28.1143304 altitude: 9.3
longitude: -81.574218 [ viewMap ]
Action Item Picture	

Action Item Description	Washout under sidewalk tract M near entrance sign.

Action requested: repair washout and add sod.	

Section V

This instrument was prepared by, and upon recording, should be returned to:

Jennifer Kilinski, Esq.
KE Law Group, PLLC
2016 Delta Boulevard, Suite 101
Tallahassee, Florida 32303

SPECIAL WARRANTY DEED

THIS SPECIAL WARRANTY DEED is made as of the    day of September, 2022, by and between KRPC East Johnson, LLC, a Florida limited liability company, whose address is 121 Garfield Avenue, Winter Park, Florida 32789, hereinafter called the “Grantor,” to Cypress Park Estates Community Development District, a local unit of special-purpose government organized under Chapter 190, Florida Statutes, whose address is 219 E. Livingston Street, Orlando, Florida 32801, hereinafter called the “Grantee.”

(Wherever used herein, the terms “Grantor” and “Grantee” include all of the parties to this instrument, the heirs, legal representatives and assigns of individuals, and the successors and assigns of trustees, partnerships, limited liability companies, governmental entities, and corporations.)

W I T N E S S E T H:
Grantor, for and in consideration of the sum of Ten and No/100 U.S. Dollars ($10.00), and other good and valuable consideration to it in hand paid by Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and conveyed to Grantee, and Grantee's successors and assigns, forever, the land lying and being in the County of Polk, State of Florida, as more particularly described below (“Property”):

Tracts A, B, G, H, I, J, M and N (Buffer Area, Open Space, Wall, Landscape/Sign Area), Tracts C, D, E, K, L and O (Open Space, Drainage, Drainage Retention), and internal streets, roads and rights of way as identified on the plat titled, Cypress Park Estates Phase 1, and recorded in Plat Book 187, Page 2, et seq., of the Official Records of Polk County, Florida.

SUBJECT, HOWEVER, to the following encumbrances and restrictions: (i) all applicable governmental regulations; and (ii) all matters, restrictions, easements, limitations, reservations and covenants of record, if any, but this reference shall not operate to re-impose same;

TOGETHER, with all tenements, hereditaments, and appurtenances thereto belonging or in any way appertaining;

TO HAVE AND TO HOLD unto Grantee and Grantee's successors and assigns in fee simple forever.

Grantor hereby covenants with Grantee that Grantor is lawfully seized of the Property in fee simple; that Grantor has good right and lawful authority to sell and convey the Property and hereby warrants the title to the Property, subject to the foregoing encumbrances and restrictions,

and will defend the same against the lawful claims of all persons claiming by, through, or under Grantor.
Grantor further warrants that it has, and will in the future, fully comply with the provisions of Section 196.295, Florida Statutes (2016), in relation to this transfer of title.

GRANT OF EASEMENTS

AND FURTHER WITNESS THAT GRANTOR, for good and valuable consideration to it in hand paid by Grantee, the receipt and sufficiency whereof are hereby acknowledged, hereby further remises, releases and quit-claims to Grantee forever, the following non-exclusive, perpetual easement rights which the Grantor has, if any, as more particularly described below (“Easements”):

Those certain Private Drainage Easements, Utility Easements, Public Flowage Easements, and Public Maintenance and Access Easements (together, “Easement Areas”), as identified on the plat entitled Cypress Park Estates Phase 1, and recorded in Plat Book 187, Page 2, et seq., of the Official Records of Polk County, Florida; and, with respect to the foregoing, the rights of ingress and egress over, across, upon, and through the Easement Areas, as well as rights of installing, constructing, operating, maintaining, repairing and replacing utilities, stormwater, landscaping, irrigation, wetland and/or other District improvements that comprise the District’s capital improvement plan.

The rights of ingress and egress over, across, upon, and through Tracts A, B, G, H, I, J, M and N (Buffer Area, Open Space, Wall, Landscape/Sign Area), Tracts C, D, E, K, L and O (Open Space, Drainage, Drainage Retention), and internal streets, roads and rights of way as identified on the plat titled, Cypress Park Estates Phase 1, and recorded in Plat Book 187, Page 2, et seq., of the Official Records of Polk County, Florida.

TO HAVE AND TO HOLD the same forever, subject to taxes for the year hereof and subsequent years, as applicable, and all easements, restrictions, reservations, conditions, covenants, limitations and agreements of record. This reference to such matters of record shall not operate to re-impose the same. Grantor agrees and covenants that it has not and shall not grant or exercise any rights that are materially inconsistent with, or which materially interfere with, the rights herein granted to the District.

RESERVATION OF EASEMENTS

Grantor hereby reserves unto itself and its successors and assigns, and, to the extent required, Grantee by acceptance hereby gives and grants unto Grantor and its successors and assigns, non-exclusive easements for ingress and egress over, upon and across the Property conveyed hereby, together with the rights to maintain, repair, plant, mow, cultivate, irrigate, improve and care for all landscaping and related aesthetic features, and the right to maintain, repair and replace and improve any improvements now or hereafter located on the Property including,

but not limited to, sidewalks, trails and related features; provided, however, that Grantor’s reservation of rights hereunder shall not be deemed to impose any obligations on Grantor to maintain, repair or replace any part of the Property or improvements located thereon.

IN WITNESS WHEREOF, Grantor has caused these presents to be executed on the day and year first above written.

WITNESSES:

KRPC EAST JOHNSON, LLC, a Florida
limited liability company

Witness Signature
Printed name: 	

By: 	
Its: 	

Witness Signature
Printed name: 	

STATE OF 	
COUNTY OF

The foregoing instrument was acknowledged before me by means of ☐ physical presence

or ☐ online notarization this

day of 	, 2022, by 	, as

	 of KRPC East Johnson, LLC, a Florida limited liability company, on behalf of the company.

Signature of Notary Public
(SEAL)

Name of Notary Public (Typed, Printed or Stamped)

Personally Known 	 OR Produced Identification 	
Type of Identification Produced: 	

Note to Examiner: This instrument evidences a conveyance of an interest in unencumbered real estate as a gift and is exempt from Florida documentary stamp tax pursuant to Rule 12B-4.014(2)(a), Florida Administrative Code.

BILL OF SALE

KNOW ALL MEN BY THESE PRESENTS, that KRPC East Johnson, LLC, a Florida limited liability company, (“SELLER”) for good and valuable consideration paid by Cypress Park Estates Community Development District, a unit of special purpose local government located in Polk County, Florida (“BUYER”), the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold, transferred conveyed and delivered to the BUYER, its successors, heirs, executors, administrators and assigns forever, the following (“IMPROVEMENTS”):

Tracts A, B, G, H, I, J, M and N (Buffer Area, Open Space, Wall, Landscape/Sign Area), Tracts C, D, E, K, L and O (Open Space, Drainage, Drainage Retention), and internal streets, roads and rights of way as identified on the plat titled, Cypress Park Estates Phase 1, and recorded in Plat Book 187, Page 2, et seq., of the Official Records of Polk County, Florida.

SELLER hereby covenants with BUYER, its successors and assigns, that (i) SELLER is the lawful owner of the IMPROVEMENTS, (ii) the IMPROVEMENTS is free from all encumbrances, (iii) SELLER is unaware of any liens or encumbrances and covenants to timely address any such liens or encumbrances if and when filed, (iv) SELLER has good right to sell the IMPROVEMENTS, and (v) the SELLER will warrant and defend the sale of the IMPROVEMENTS hereby made unto the BUYER, its successors and assigns, against the lawful claims and demands of all persons whosoever.

SELLER represents that, without independent investigation, it has no knowledge of any defects in the IMPROVEMENTS, and hereby assigns, transfers and conveys to the BUYER any and all rights against any and all firms or entities which may have caused any defects. SELLER further confirms that this Bill of Sale includes the conveyance to the BUYER of all right, title, interest, and benefit of SELLER, if any, in, to and under any and all contracts, guaranties, affidavits, warranties, bonds, insurance rights, indemnification, defense and hold harmless rights, enforcement rights, claims, lien waivers, and other rights of any kind, given heretofore and with respect to the creation of the IMPROVEMENTS.

By execution of this document, the SELLER affirmatively represents that it has the contractual right, consent and lawful authority of any and all forms to take this action in this document and in this form. Nothing herein shall be construed as a waiver of BUYER’s limitations on liability provided in Section 768.28, Florida Statutes.

[Signatures on following page]

IN WITNESS WHEREOF, the SELLER has hereunto set its hand and seal, by and through its duly authorized representatives, this 	 day of September 2022.

Signed, sealed and delivered by:

WITNESSES

By: 	
Name: 	

KRPC East Johnson, LLC
A Florida limited liability company

Name: 	
Title: 	

By: 	
Name: 	

STATE OF FLORIDA	)
COUNTY OF 		)

I HEREBY CERTIFY that on this      day of September, 2022, before me by means of [ ] physical presence or [ ] online notarization appeared 	 , who acting on behalf of KRPC East Johnson, LLC, signed the foregoing instrument and severally acknowledged the execution thereof to be his/her free act and deed for the uses and purposes therein mentioned. Said person is personally known to me or has produced 	 as identification and [ ] did or [ ] did not take an oath.

Print Name:
(NOTARIAL SEAL)	Notary Public, State of Florida My Commission No.:
My Commission Expires:

DISTRICT ENGINEER’S CERTIFICATE

September   , 2022

Re:	Cypress Park Estates Community Development District (Haines City, Florida) Acquisition of Improvements

Ladies and Gentlemen:

The undersigned, a representative of Gadd and Associates, LLC, (“District Engineer”), as District Engineer for Cypress Park Estates Community Development District (“District”), hereby makes the following certifications in connection with the District’s acquisition from KRPC East Johnson, LLC (“Developer”) of certain improvements (“Improvements”), all as more fully described in that certain bill of sale (“Bill of Sale”) dated as of or about the same date as this certificate. The undersigned, an authorized representative of the District Engineer, hereby certifies that:

I have reviewed the Improvements. I have further reviewed certain documentation relating to the same, including but not limited to, the Bill of Sale, agreements, invoices, plans, and other documents.

The Improvements are each within the scope of the District’s capital improvement plan as set forth in the Engineer’s Report for Capital Improvements, dated December 11, 2019 (“Engineer’s Report”), and specially benefit property within the District as further described in the Engineer’s Report.

I am not aware of any defects in the Improvements, and each is fit for its intended use and is consistent with the plans, specifications and other requirements for each category of acquisition contemplated herein. Said Improvements conform to the plans, permits and specifications and there are no patent or latent defects of which I am aware.

All known plans, permits and specifications necessary for the operation and maintenance of the Improvements are complete and on file with the District, and have been transferred, or are capable of being transferred, to the District for operations and maintenance responsibilities.

With this document, I hereby certify that it is appropriate at this time to acquire the Improvements.

[CONTINUED ON FOLLOWING PAGE]

FURTHER AFFIANT SAYETH NOT.

Its: 	
Florida Registration No. District Engineer

STATE OF FLORIDA COUNTY OF 	

The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization this    day of September, 2022, by 	, as District Engineer to the District and a professional engineer employed by Gadd and Associates, LLC,   who   is   personally   known   to   me   or   who   has   produced
	 as identification, and did [ ] or did not [ ] take the oath.

Notary Public, State of Florida
Print Name: 		  Commission No.: 		 My Commission Expires: 	

Section VI

October 14, 2022 Board of Supervisors
Cypress Park Estates Community Development District 219 East Livingston Street
Orlando, FL 32801

951 Yamato Road ▪ Suite 280 Boca Raton, Florida 33431
(561) 994-9299 ▪ (800) 299-4728
Fax (561) 994-5823
www.graucpa.com

We are pleased to confirm our understanding of the services we are to provide Cypress Park Estates Community Development District, City of Haines City, Florida (“the District”) for the fiscal year ended September 30, 2022. We will audit the financial statements of the governmental activities and each major fund, including the related notes to the financial statements, which collectively comprise the basic financial statements of Cypress Park Estates Community Development District as of and for the fiscal year ended September 30, 2022. In addition, we will examine the District’s compliance with the requirements of Section 218.415 Florida Statutes. This letter serves to renew our agreement and establish the terms and fee for the 2022 audit.
Accounting principles generally accepted in the United States of America provide for certain required supplementary information (RSI), such as management’s discussion and analysis (MD&A), to supplement the District’s basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the District’s RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance.
The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited:
Management’s Discussion and Analysis
Budgetary comparison schedule
The following other information accompanying the financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements, and our auditor’s report will not provide an opinion or any assurance on that information:
Compliance with FL Statute 218.39 (3) (c)
Audit Objectives
The objective of our audit is the expression of opinions as to whether your financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of the District and other procedures we consider necessary to enable us to express such opinions. We will issue a written report upon completion of our audit of the District’s financial statements. We cannot provide assurance that an unmodified opinion will be expressed. Circumstances may arise in which it is necessary for us to modify our opinion or add emphasis-of-matter or other-matter paragraphs. If our opinion on the financial statements is other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed an opinion, we may decline to express an opinion or issue a report, or may withdraw from this engagement.
We will also provide a report (that does not include an opinion) on internal control related to the financial statements and compliance with the provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. The report on internal control and on compliance and other matters will include a paragraph that states (1) that the purpose of the report is solely to describe the scope of testing of internal control and compliance, and the results of that testing, and not to provide an opinion on the effectiveness of the District’s internal control on compliance, and (2) that the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the District’s internal control and compliance. The paragraph will also state that the report is not suitable for any other purpose. If during our audit we become aware that the District is subject to an audit requirement that is not encompassed in the terms of this engagement, we will communicate to management and those charged with governance that an audit in accordance with U.S. generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal, regulatory, or contractual requirements.

Examination Objective
The objective of our examination is the expression of an opinion as to whether the District is in compliance with Florida Statute 218.415 in accordance with Rule 10.556(10) of the Auditor General of the State of Florida. Our examination will be conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants and will include tests of your records and other procedures we consider necessary to enable us to express such an opinion. We will issue a written report upon completion of our examination of the District’s compliance. The report will include a statement that the report is intended solely for the information and use of management, those charged with governance, and the Florida Auditor General, and is not intended to be and should not be used by anyone other than these specified parties. We cannot provide assurance that an unmodified opinion will be expressed. Circumstances may arise in which it is necessary for us to modify our opinion or add emphasis-of-matter or other-matter paragraphs. If our opinion on the District’s compliance is other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the examination or are unable to form or have not formed an opinion, we may decline to express an opinion or issue a report, or may withdraw from this engagement.
Other Services
We will assist in preparing the financial statements and related notes of the District in conformity with U.S. generally accepted accounting principles based on information provided by you. These nonaudit services do not constitute an audit under Government Auditing Standards and such services will not be conducted in accordance with Government Auditing Standards. The other services are limited to the financial statement services previously defined. We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management responsibilities.
Management Responsibilities
Management is responsible for compliance with Florida Statute 218.415 and will provide us with the information required for the examination. The accuracy and completeness of such information is also management’s responsibility. You agree to assume all management responsibilities relating to the financial statements and related notes and any other nonaudit services we provide. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements and related notes and that you have reviewed and approved the financial statements and related notes prior to their issuance and have accepted responsibility for them. In addition, you will be required to make certain representations regarding compliance with Florida Statute 218.415 in the management representation letter. Further, you agree to oversee the nonaudit services by designating an individual, preferably from senior management, who possesses suitable skill, knowledge, or experience; evaluate the adequacy and results of those services; and accept responsibility for them.
Management is responsible for designing, implementing and maintaining effective internal controls, including evaluating and monitoring ongoing activities, to help ensure that appropriate goals and objectives are met; following laws and regulations; and ensuring that management and financial information is reliable and properly reported. Management is also responsible for implementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements. You are also responsible for the selection and application of accounting principles, for the preparation and fair presentation of the financial statements and all accompanying information in conformity with U.S. generally accepted accounting principles, and for compliance with applicable laws and regulations and the provisions of contracts and grant agreements.
Management is also responsible for making all financial records and related information available to us and for the accuracy and completeness of that information. You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, (2) additional information that we may request for the purpose of the audit, and (3) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence.
Your responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the written representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole.
You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the government complies with applicable laws, regulations, contracts, agreements, and grants and for taking timely and appropriate steps to remedy fraud and noncompliance with provisions of laws, regulations, contracts or grant agreements, or abuse that we report.
Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying and providing report copies of previous financial audits, attestation engagements, performance audits or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or other studies. You are also responsible for providing management’s views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information.
With regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document.

Audit Procedures—General
An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the government or to acts by management or employees acting on behalf of the government. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse.
Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us, even though the audit is properly planned and performed in accordance with U.S. generally accepted auditing standards and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. Our responsibility as auditors is limited to the period covered by our audit and does not extend to later periods for which we are not engaged as auditors.
Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about your responsibilities for the financial statements; compliance with laws, regulations, contracts, and grant agreements; and other responsibilities required by generally accepted auditing standards.
Audit Procedures—Internal Control
Our audit will include obtaining an understanding of the government and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards.
An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards and Government Auditing Standards.
Audit Procedures—Compliance
As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the District’s compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards.
Engagement Administration, Fees, and Other
We understand that your employees will prepare all cash or other confirmations we request and will locate any documents selected by us for testing.
The audit documentation for this engagement is the property of Grau & Associates and constitutes confidential information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to a cognizant or oversight agency or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Grau & Associates personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. Notwithstanding the foregoing, the parties acknowledge that various documents reviewed or produced during the conduct of the audit may be public records under Florida law. The District agrees to notify Grau & Associates of any public record request it receives that involves audit documentation.

Furthermore, Grau & Associates agrees to comply with all applicable provisions of Florida law in handling such records, including but not limited to Section 119.0701, Florida Statutes. Auditor acknowledges that the designated public records custodian for the District is the District Manager (“Public Records Custodian”). Among other requirements and to the extent applicable by law, Grau & Associates shall 1) keep and maintain public records required by the District to perform the service; 2) upon request by the Public Records Custodian, provide the District with the requested public records or allow the records to be inspected or copied within a reasonable time period at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes; 3) ensure that public records which are exempt or confidential, and exempt from public records disclosure requirements, are not disclosed except as authorized by law for the duration of the contract term and following the contract term if Auditor does not transfer the records to the Public Records Custodian of the District; and 4) upon completion of the contract, transfer to the District, at no cost, all public records in Grau & Associate’s possession or, alternatively, keep, maintain and meet all applicable requirements for retaining public records pursuant to Florida laws. When such public records are transferred by Grau & Associates, Grau & Associates shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the District in a format that is compatible with Microsoft Word or Adobe PDF formats.

IF GRAU & ASSOCIATES HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO ITS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE PUBLIC RECORDS CUSTODIAN AT: C/O GOVERNMENTAL MANAGEMENT SERVICES – CENTRAL FLORIDA LLC, 219 EAST LIVINGSTON STREET ORLANDO, FLORIDA 32801, OR RECORDREQUEST@GMSCFL.COM, PH: (407) 841-5524.

Our fee for these services will not exceed $7,000 for the September 30, 2022 audit, unless there is a change in activity by the District which results in additional audit work or if additional Bonds are issued. This agreement is automatically renewed each year thereafter subject to the mutual agreement by both parties to all terms and fees. The fee for each annual renewal will be agreed upon separately.

We will complete the audit within prescribed statutory deadlines, which requires the District to submit its annual audit to the Auditor General no later than nine (9) months after the end of the audited fiscal year, with the understanding that your employees will provide information needed to perform the audit on a timely basis.

The audit documentation for this engagement will be retained for a minimum of five years after the report release date. If we are aware that a federal awarding agency or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation.

Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. Invoices will be submitted in sufficient detail to demonstrate compliance with the terms of this agreement. In accordance with our firm policies, work may be suspended if your account becomes 60 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report. You will be obligated to compensate us for all time expended and to reimburse us for all out- of-pocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate.

The District has the option to terminate this agreement with or without cause by providing thirty (30) days written notice of termination to Grau & Associates. Upon any termination of this agreement, Grau & Associates shall be entitled to payment of all work and/or services rendered up until the effective termination of this agreement, subject to whatever claims or off-sets the District may have against Grau & Associates.

We will provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our 2019 peer review report accompanies this letter.

We appreciate the opportunity to be of service to Cypress Park Estates Community Development District and believe this letter accurately summarizes the terms of our engagement and, with any addendum, if applicable, is the complete and exclusive statement of the agreement between Grau & Associates and the District with respect to the terms of the engagement between the parties. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us.

Very truly yours, Grau & Associates

Antonio J. Grau RESPONSE:
This letter correctly sets forth the understanding of Cypress Park Estates Community Development District.

By: 		
Title:	
Date:	

 	

Section VII

CYPRESS PARK ESTATES COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2022/2023 FUNDING AGREEMENT

This agreement (“Agreement”) is made and entered into this 1st day of October 2022, by and between:

Cypress Park Estates Community Development District, a local unit of special- purpose government established pursuant to Chapter 190, Florida Statutes, and located in Haines City, Florida ("District"), and

KRPC East Johnson, LLC, a Florida limited liability company and a landowner in the District ("Developer") with an address of 121 Garfield Avenue, Winter Park, Florida 32789.

RECITALS

WHEREAS, the District was established by an ordinance adopted by the City Commission of the City of Haines City, Florida, for the purpose of planning, financing, constructing, operating and/or maintaining certain infrastructure; and

WHEREAS, the District, pursuant to Chapter 190, Florida Statutes, is authorized to levy such taxes, special assessments, fees and other charges as may be necessary in furtherance of the District's activities and services; and

WHEREAS, Developer presently owns and/or is developing the majority of all real property within the District, described in Exhibit A, attached hereto and incorporated herein (“Property”), within the District, which Property will benefit from the timely construction and acquisition of the District's facilities, activities and services and from the continued operations of the District; and

WHEREAS, the District is adopting its general fund budget for the fiscal year beginning October 1, 2022 and ending September 30, 2023 (“Fiscal Year 2022/2023 Budget”); and

WHEREAS, this Fiscal Year 2022/2023 Budget, which both parties recognize may be amended from time to time in the sole discretion of the District, is attached hereto and incorporated herein by reference as Exhibit B; and

WHEREAS, the District has the option of levying non-ad valorem assessments on all land, including the Property, that will benefit from the activities, operations and services set forth in the Fiscal Year 2022/2023 Budget, or utilizing such other revenue sources as may be available to it; and

WHEREAS, in lieu of levying assessments on the Property, the Developer is willing to provide such funds as are necessary to allow the District to proceed with its operations as described in Exhibit B; and

WHEREAS, the Developer agrees that the activities, operations and services provide a special and peculiar benefit equal to or in excess of the costs reflected on Exhibit B to the Property; and

WHEREAS, the Developer has agreed to enter into this Agreement in lieu of having the District levy and collect any non-ad valorem assessments as authorized by law against the Property located within the District for the activities, operations and services set forth in Exhibit B; and

WHEREAS, Developer and District desire to secure such budget funding through the imposition of a continuing lien against the Property described in Exhibit A and otherwise as provided herein.

NOW, THEREFORE, based upon good and valuable consideration and the mutual covenants of the parties, the receipt of which and sufficiency of which are hereby acknowledged, the parties agree as follows:

FUNDING. The Developer agrees to make available to the District the monies necessary for the operation of the District as called for in the budget attached hereto as Exhibit B, as may be amended from time to time in the District’s sole discretion, within fifteen (15) days of written request by the District. Amendments to the Fiscal Year 2022/2023 Budget as shown on Exhibit B adopted by the District at a duly noticed meeting shall have the effect of amending this Agreement without further action of the parties. Funds provided hereunder shall be placed in the District's general checking account. These payments are made by the Developer in lieu of taxes, fees, or assessments which might otherwise be levied or imposed by the District.

CONTINUING LIEN. District shall have the right to file a continuing lien upon the Property described in Exhibit A for all payments due and owing under the terms of this Agreement and for interest thereon, and for reasonable attorneys’ fees, paralegals’ fees, expenses and court costs incurred by the District incident to the collection of funds under this Agreement or for enforcement this lien, and all sums advanced and paid by the District for taxes and payment on account of superior interests, liens and encumbrances in order to preserve and protect the District’s lien. The lien shall be effective as of the date and time of the recording of a “Notice of Lien for Fiscal Year 2022/2023 Budget” in the public records of Polk County, Florida (“County”), stating among other things, the description of the real property and the amount due as of the recording of the Notice, and the existence of this Agreement. The District Manager, in its sole discretion, is hereby authorized by the District to file the Notice of Lien for Fiscal Year 2022/2023 Budget on behalf of the District, without the need of further Board action authorizing or directing such filing. At the District Manager’s direction, the District may also bring an action at law against the record title holder to the Property to pay the amount due under this Agreement, or may foreclose the lien against the Property in any manner authorized by law. The District may partially release any filed lien for portions of the Property subject to a plat if and when the Developer has demonstrated, in the District’s sole discretion, such release will not materially impair the ability of the District to enforce the collection of funds hereunder. In the event the Developer sells any of the Property described in Exhibit A after the execution of this Agreement, the Developer’s rights and obligations under this Agreement shall remain the same, provided however that the District shall only have the right to file a lien upon the remaining Property owned by the Developer.

ALTERNATIVE COLLECTION METHODS.

In the alternative or in addition to the collection method set forth in Paragraph 2 above, the District may enforce the collection of funds due under this Agreement by action against the Developer in the appropriate judicial forum in and for the County. The enforcement of the collection of funds in this manner shall be in the sole discretion of the District Manager on behalf of the District. In the event that either party is required to enforce this Agreement by court proceedings or otherwise, then the parties agree that the prevailing party shall be entitled to recover from the other all costs incurred, including reasonable attorneys' fees and costs for trial, alternative dispute resolution, or appellate proceedings.

The District hereby finds that the activities, operations and services set forth in Exhibit B provide a special and peculiar benefit to the Property, which benefit is initially allocated on an equal developable acreage basis. The Developer agrees that the activities, operations and services set forth in Exhibit B provide a special and peculiar benefit to the Property equal to or in excess of the costs set forth in Exhibit B, on an equal developable acreage basis. Therefore, in the alternative or in addition to the other methods of collection set forth in this Agreement, the District, in its sole discretion, may choose to certify amounts due hereunder as a non-ad valorem assessment on all or any part of the Property for collection, either through the Uniform Method of Collection set forth in Chapter 197, Florida Statutes, or under any method of direct bill and collection authorized by Florida law. Such assessment, if imposed, may be certified on the next available tax roll of the County property appraiser.

AGREEMENT; AMENDMENTS. This instrument shall constitute the final and complete expression of the agreement between the parties relating to the subject matter of this Agreement. Amendments to and waivers of the provisions contained in this Agreement may be made only by an instrument in writing which is executed by both of the parties hereto.

AUTHORIZATION. The execution of this Agreement has been duly authorized by the appropriate body or official of all parties hereto, each party has complied with all the requirements of law, and each party has full power and authority to comply with the terms and provisions of this instrument.

ASSIGNMENT. This Agreement may be assigned, in whole or in part, by either party only upon the written consent of the other, which consent shall not be unreasonably withheld.

DEFAULT. A default by either party under this Agreement shall entitle the other to all remedies available at law or in equity, which shall include, but not be limited to, the right of damages, injunctive relief and specific performance and specifically including the ability of the District to enforce any and all payment obligations under this Agreement in the manner described herein in Paragraphs 2 and 3 above.

THIRD-PARTY RIGHTS; TRANSFER OF PROPERTY. This Agreement is
solely for the benefit of the formal parties herein and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party not a formal party hereto. Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person

or corporation other than the parties hereto any right, remedy or claim under or by reason of this Agreement or any provisions or conditions hereof; and all of the provisions, representations, covenants and conditions herein contained shall inure to the sole benefit of and shall be binding upon the parties hereto and their respective representatives, successors and assigns. In the event the Developer sells or otherwise disposes of its business or of all or substantially all of its assets relating to improvements, work product, or lands within the District, the Developer shall continue to be bound by the terms of this Agreement and additionally shall expressly require that the purchaser agree to be bound by the terms of this Agreement. The Developer shall give 90 days prior written notice to the District under this Agreement of any such sale or disposition.

FLORIDA LAW GOVERNS. This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of Florida.

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

EFFECTIVE DATE. The Agreement shall be effective after execution by both parties hereto. The enforcement provisions of this Agreement shall survive its termination, until all payments due under this Agreement are paid in full.

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

Attest:	Cypress Park Estates Community
Development District

Secretary/Assistant Secretary

By: Its:

Scott Shapiro Chairman

KRPC East Johnson, LLC,

Witness

a Florida limited liability company

By: McKinzie Terrill
Its: _Manager

EXHIBIT A: Property Description
EXHIBIT B: Fiscal Year 2022/2023 Budget

Exhibit A

FINAL

EXHIBIT 2 – Legal Description

DocuSign Envelope ID: 7D165804-275D-482F-9D09-4B1EE28210FD

Exhibit B

[Add FY 2022/2023 budget]

6M3