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

BOARD OF SUPERVISORS	Monday, August 21, 2023, 10:00 a.m.
HACIENDA NORTH COMMUNITY	8490 Vaile Circle
DEVELOPMENT DISTRICT	Naples, Florida 34114

Roll Call.
Public Comments on Agenda Items.
Organizational Matters:

Public Hearing to Consider FY 2023-2024 Budget

Open Public Hearing
Budget Public Comment and Testimony.
Board Comment
Consideration of Resolution 2023-6 relating to the Annual Appropriations
and Adopting the FY 2023-2024 Budget	Exhibit 1

Close Public Hearing
Affidavit of Publication	Exhibit 2
Budget Letter to Collier County	Exhibit 3
Consideration of Hacienda Lakes of Naples LLC Developer Funding
Agreement for Fiscal Year 2023/2024	Exhibit 4
Consideration of Toll Brothers Developer Funding Agreement for
Fiscal Year 2023/2024	Exhibit 5

Administrative Matters
Consideration of Resolution 2023-7 relating to the FY 2023-2024 designation
of Officers for the District and providing for an effective date.	Exhibit 6

Consideration of Resolution 2023-8 adopting the FY 2023-2024
Meeting Schedule.	Exhibit 7

Approval of Minutes from the May 15, 2023 Meeting.	Exhibit 8

Board of Supervisors appointment of Audit Committee

Business Matters

None to be considered at this time

Financial Matters

Acceptance of July 2023 Financial Statements.	Exhibit 9

Update on Bond Validation and Series 2023 Bond Issue

Staff Reports.

Manager.

Legal Counsel.

Engineer.

Public Comments

Supervisors’ Requests.

Adjournment.

EXHIBIT 1

RESOLUTION 2023-6

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE HACIENDA NORTH COMMUNITY DEVELOPMENT DISTRICT RELATING TO THE ANNUAL APPROPRIATIONS AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2023 AND ENDING SEPTEMBER 30, 2024; APPROVING A DEVELOPER FUNDING AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the District Manager has submitted to the Board of Supervisors (“Board”) a proposed budget for the budget year beginning October 1, 2023 and ending September 30, 2024, along with an explanatory and complete financial plan for each fund of the District, pursuant to the provisions of Section 190.008(2)(a), Florida Statutes; and

WHEREAS, the District filed a copy of the proposed budget (the “Proposed Budget”) with the local governing authorities having jurisdiction over the area included in the District pursuant to the provisions of Section 190.008(2)(b), Florida Statutes; and

WHEREAS, the Board set August 21, 2023, as the date for a public hearing thereon and caused notice of such public hearing to be given by publication pursuant to Section 190.008(2)(a), Florida Statutes; and
WHEREAS, the District Manager posted the Proposed Budget on the District’s website at least two days before the public hearing; and
WHEREAS, Section 190.008(2)(a), Florida Statutes, requires that the District Board by passage of the Annual Appropriation Resolution shall adopt a budget for the fiscal year and appropriate such sums of money as the Board deems necessary to defray all expenditures of the District during the fiscal year; and
WHEREAS, the District Manager has prepared a Proposed Budget, whereby the budget shall project the cash receipts and disbursements anticipated during a given time period, including reserves for contingencies for emergency or other unanticipated expenditures during the fiscal year; and

WHEREAS, in order for the Developer to fund a portion of the Budget, the Board desires to approve a form of the Developer Funding Agreement.

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

SECTION 1. RECITALS. The foregoing recitals are true and correct and incorporated herein as if written into this section

SECTION 2. BUDGET.

That the Board of Supervisors has reviewed the District Manager’s Proposed Budget, a copy of which is on file with the office of the District Manager and at the District’s Records Office, and hereby approves certain amendments thereto, as shown in Section 3 below.
That the Proposed Budget, attached hereto as Exhibit “A,” as amended by the Board, is hereby adopted in accordance with the provisions of Section 190.008(2)(a), Florida Statutes, and incorporated herein by reference; provided, however, that the comparative figures contained in the adopted budget may be subsequently revised as deemed necessary by the District Manager to reflect actual revenues and expenditures for fiscal year 2023/2024.
That the adopted budget, as amended, shall be maintained in the office of the District Manager and at the District’s Records Office and identified as the “Budget for the Hacienda North Community Development District for the Fiscal Year Beginning October 1, 2023, and Ending September 30, 2024, as Adopted by the Board of Supervisors on May 15, 2023.”

The final adopted budget shall be posted by the District Manager on the District’s official website within thirty (30) days after adoption.

SECTION 3. APPROPRIATIONS. There is hereby appropriated out of the revenues of the District, for the fiscal year beginning October 1, 2023 and ending September 30, 2024, the sum of $128,615.00* to be raised by the levy of assessments and otherwise, which sum is deemed by the Board to be necessary to defray all expenditures of the District during said budget year, to be divided and appropriated in the following fashion:

TOTAL GENERAL FUND	$128,615.00 DEBT SERVICE FUND		$0.00
TOTAL ALL FUNDS	$128,615.00*

*Not inclusive of any collection costs.

SECTION 4. BUDGET AMENDMENTS. Pursuant to Section 189.016, Florida Statutes, the District at any time within the fiscal year or within 60 days following the end of the fiscal year may amend its budget for that fiscal year as follows:

The Board may authorize an increase or decrease in line item appropriations within a fund by motion recorded in the minutes if the total appropriations of the fund do not increase.

The District Manager or Treasurer may authorize an increase or decrease in line item appropriations within a fund if the total appropriations of the fund do not increase and if the aggregate change in the original appropriation item does not exceed $10,000 or 10% of the original appropriation.

By resolution, the Board may increase any appropriation item and/or fund to reflect receipt of any additional unbudgeted monies and make the corresponding change to appropriations or the unappropriated balance.
Any other budget amendments shall be adopted by resolution and consistent with Florida law.
The District Manager or Treasurer must establish administrative procedures to ensure that any budget amendments are in compliance with this Section 3 and Section 189.016 of the Florida Statutes, among other applicable laws. Among other procedures, the District Manager or Treasurer must ensure that any amendments to budget(s) under subparagraphs c. and d. above are posted on the District’s website within five (5) days after adoption.
SECTION 5. DEVELOPER FUNDING AGREEMENT. The form of the Developer Funding Agreement, attached as Exhibit “B” hereto, is hereby approved in order to fund the Developer’s portion of the budget for Fiscal Year 2023/2024.

SECTION 6. EFFECTIVE DATE. This Resolution shall take effect upon the adoption of this Resolution by the Board of Supervisors of the Hacienda North Community Development District.

PASSED AND ADOPTED THIS 21st DAY OF AUGUST, 2023.

ATTEST:	HACIENDA NORTH COMMUNITY DEVELOPMENT DISTRICT

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

Exhibit A:	2023/2024 Budget
Exhibit B:	Form of Developer Funding Agreement

Exhibit A

Exhibit B

HACIENDA NORTH COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2023/2024 BUDGET FUNDING AGREEMENT

This Agreement (the “Agreement”) is made and entered into this 21st day of August, 2023, by and between:
Hacienda North Community Development District, a local unit of special- purpose government established pursuant to Chapter 190, Florida Statutes, and located in Collier County, Florida, with a mailing address of 707 Orchid Drive, Suite 100, Naples, Florida 34102 (“District”), and
Hacienda Lakes of Naples, LLC, a Florida limited liability company and the developer of the lands in the District ("Developer") with a mailing address of 7742 Alico Road, Fort Myers, Florida 33912.
Recitals

WHEREAS, the District was established by an ordinance adopted by the County Commission of Collier County, Florida, effective as of June 14, 2022, 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 is developing the majority of all real property (“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 Fiscal Year 2023/2024, which year commenced October 1, 2023, and concludes on September 30, 2023 (the “FY 2023 Budget”); and

WHEREAS, the FY 2024 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 A; and

WHEREAS, the District has the option of levying non-ad valorem assessments on all land, including the Property owned by the Developer, that will benefit from the activities, operations and services set forth in the FY 2024 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 A; 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 A 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 A;
WHEREAS, the Developer will be funding its portion of the FY 2024 Budget on a percent acreage ownership with Toll Brothers, LLC as determined by the percentages calculated in their closing agreement as follows:

	Acres		% Acres	
Toll Brothers, Inc.	140.69	71.12%	
 Hacienda Lakes of Naples LLC		57.13		28.88%	
 Totals		197.82		100.00%	

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:

SECTION 1. The Developer agrees to make available to the District its percentage portion of the monies necessary for the operation of the District, as called for in the FY 2024 Budget attached hereto as Exhibit A, within fifteen (15) days of written request by the District. Amendments to the FY 2024 Budget as shown on Exhibit A 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. In no way shall the foregoing in any way affect the District’s ability to levy special assessments upon the property within the District, including the Property, in accordance with Florida law, to provide funds for any unfunded expenditures whether such expenditures are the result of an amendment to the District’s FY 2024 Budget or otherwise. These payments are made by Developer in lieu of operation and maintenance assessments which might otherwise be levied or imposed by the District.
SECTION 2. The District shall have the right to file a continuing lien (the “Lien”) upon the Property described in Exhibit B 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 of 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 the FY 2024 Budget” in the public records of Collier County, Florida, 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 the FY 2024 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 holders 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 Developers have 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 Developers sell any of the Property described in Exhibit B after the execution of this Agreement, the Developers’ 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 Developers.
SECTION 3. In the event Developer fails to make payments as and when due to the District pursuant to this Agreement, the District shall have the following remedies, in addition to other remedies available at law and equity:
At the Board’s direction, the District may 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 enforce the collection of funds due under this Agreement by action against Developer in the appropriate judicial forum in and for Collier County, Florida. 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.

The District hereby finds that the activities, operations and services set out in Exhibit A provide a special and peculiar benefit to the Property, which benefit is initially allocated on an equal developable acreage basis. Developer agrees that the activities, operations and services set forth in Exhibit A provide a special and peculiar benefit to the Property equal to or in excess of the costs set out in Exhibit A, 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 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 Collier County property appraiser. Developer hereby waives and/or relinquishes any rights it may have to challenge or object to such assessments if imposed, as well as the means of collection thereof.

SECTION 4. 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.

SECTION 5. 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.

SECTION 6. 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. In the event that Developer sells or otherwise disposes of its business or of all or substantially all of its assets relating to the lands within the District, including the Property, Developer will expressly require that the purchaser agree to be bound by the terms of this Agreement. In the event of such sale or disposition, Developer may place into escrow an amount equal to the then unfunded portion of the adopted FY 2024 Budget to fund any budgeted expenses that may arise during the remainder of the fiscal year and provide the District evidence of assignment of this Agreement to the purchaser. Upon confirmation of the deposit of said funds into escrow, and evidence of such assignment to, and assumption by the purchaser, the Developer’s obligation under this Agreement shall be deemed fulfilled and this Agreement terminated with respect to Developer’s obligations. The parties hereto recognize that Developer is responsible for expenditures of the District in the FY 2024 Budget and that expenditures approved by the Board may exceed the amount adopted in the FY 2024 Budget. Developer shall notify the District in writing ninety (90) days prior to an anticipated sale or disposition of all or substantially all of the Property.
SECTION 7. 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 in Paragraph 3 above.

SECTION 8. This Agreement is solely for the benefit of the parties hereto and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any person or entity not a party hereto. Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person or entity 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 subject to the terms of Paragraph 6 above.

SECTION 9. This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of Florida. Venue shall be in Collier County, Florida.

SECTION 10. 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.

SECTION 11. 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.
SECTION 12. In the event that either party is required to enforce this Agreement by court proceedings or otherwise, then the parties agree that the substantially prevailing party shall be entitled to recover from the other all costs incurred, including reasonable attorneys' fees, paralegal fees and expert witness fees and costs for trial, alternative dispute resolution, or appellate proceedings.

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

ATTEST:	HACIENDA NORTH COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairman/Vice Chairman

HACIENDA LAKES OF NAPLES, LLC,
a Florida limited liability company

Witness	By: 	
Its: 	

Exhibit A:	Fiscal Year 2023/2024 General Fund Budget
Exhibit B:	Description of the Property

Exhibit A

Exhibit B

RHODES 4- RHODI!JS LAND SUBVEflNG; ma
88100BO.NITA GBANDJIJ .llBlV.14 #lfn NAPL1ll!i; BXO.BlDA 6'186
PHONJ/1(BIi) IOll-81111	FAZ(1161) IOll-8116

FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 11000 FEET, THROUGH A CENTRAL ANGLE OF 49°31'14" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 82°58'44" EAST, 92.14 FEET TO A POINT OF COlvlPOUND CURVATURE; THENCE SOUTHEASTERLY, 212.96 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 570.00 FEET, THROUGH A CENTRAL ANGLE OF 21°24'22" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 47°30'56" EAST, 211.72 FEET TO A POINT OF COlvlPOUND CURVATURE; THENCE SOUTHERLY, 91.60 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 11000 FEET, THROUGH A CENTRAL ANGLE OF 47°42'50" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 12°57'20" EAST, 88.98 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHERLY, 29.49 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 35.00 FEET, THROUGH A CENTRAL ANGLE OF 48°16'55" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 13°14'22" EAST, 28.63 FEET TO A POINT OF COlvlPOUND CURVATURE; THENCE SOUTHEASTERLY, 198.92 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 220.00 FEET, THROUGH A CENTRAL ANGLE OF 51°48'25" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 63°17'02" EAST, 192.22FEET; THENCE SOUTH 89°11'15" EAST, A DISTANCE OF 17.82 FEET TO A POINT ON THE EASTERLY BOUNDARY LINE OF 170 FOOT WIDE FLORIDA POWER AND LIGHT EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 667 PAGE 317 AND OFFICIAL RECORDS BOOK 668 PAGE 1751 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 00°48'45" EAST ALONG THE EASTERLY BOUNDARY LINE OF SAID 170 FOOT WIDE FLORIDA POWER AND LIGHT EASEMENT, A DISTANCE OF 708.91 FEET TO A POINT ON THE BOUNDARY LINE OF SAID TRACT FD-2; THENCE ALONG THE BOUNDARY LINE OF SAID TRACT FD-2 THE FOLLOWING 6 COURSES; COURSE (I) NORTH 87°25'45" EAST, 2,004.48 FEET; COURSE (2) SOUTH 00°47'37" WEST,
671.11 FEET; COURSE (3) NORTH 87°27'14" EAST, 668.22 FEET; COURSE (4) SOUTH 00°47'14" WEST,
671.39 FEET; COURSE (5) NORTH 87°28'42" EAST, 1,336.55 FEET; COURSE (6) NORTH 87°30'06" EAST,
356.20 FEET TO A POINT ON A NON-TANGENTIAL CURVE; THENCE SOUTHERLY LEAVING THE BOUNDARY UNR OF SATD TRACT FD-2, 119.65 FRET ALONG THE ARC OF A CTRC1TT,AR CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 10,000.00 FEET, THROUGH A CENTRAL ANGLE OF 00°41'08" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 16°23'43" WEST, 119.65 FEET; THENCE SOUTH 16°03'09" WEST, A DISTANCE OF 370.15 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY, 70809 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1,440.00 FEET, THROUGH A CENTRAL ANGLE OF 28°10'27" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 30°08'22" WEST, 700.98 FEET; THENCE SOUTH 87°28'42" WEST, A DISTANCE OF 2,055.43 FEET; THENCE NORTH 00°48'1 l" EAST, A DISTANCE OF 1,056.12 FEET TO A POINT ON THE EASTERLY PROLONGATION OF THE BOUNDARY LINE OF SAID TRACT FD-2; THENCE SOUTH 87°28'42" WEST ALONG THE EASTERLY PROLONGATION LINE OF SAID TRACT FD-2, A DISTANCE OF 1,836.66 FEET TO A POINT ON THE BOUNDARY LINE OF SAID TRACT FD-2; THENCE ALONG THE BOUNDARY LINE OF SAID TRACT FD-2 THE FOLLOWING 2 COURSES; COURSE (I) NORTH 00°53'36" EAST, 335 03 FEET; COURSE (2) SOUTH 87°28'41" WEST, 857.57 FEET; THENCE NORTH 02°3l' 19" WEST LEAVING THE BOUNDARY LINE OF SAID TRACT FD-2, A DISTANCE OF 104.62 FEET TO A POINT ON A NON-TANGENTIAL CURVE; THENCE NORTHEASTERLY, 184.82 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 105.00 FEET, THROUGH A CENTRAL ANGLE OF 100°50'57" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 50°25'28" EAST, 161.87 FEET; THENCE NORTH 02°31'19" WEST, A DISTANCE OF 231.33 FEET TO A POINT ON ANON-TANGENTIAL CURVE; THENCE NORTHEASTERLY, 116.42 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 95.00 FEET, THROUGH A CENTRAL ANGLE OF 70°12'48" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 35°56'09" EAST, 109.27 FEET; THENCE NORTH 00°49'45" EAST, A DISTANCE OF 37.03 FEET; THENCE NORTH 89°10'15" WEST, A DISTANCE OF 545 06 FEET TO A POINT ON THE WESTERLY BOUNDARY LINE OF SAID TRACT FD-2; THENCE NORTH 00°49'30" EAST ALONG THE WESTERLY BOUNDARY LINE OF SAID TRACT FD-2, A DISTANCE OF 160.00 FEET TO THE POINT OF BEGINNING.

CONTAINING 6,129,560 SQUARE FEET OR 140.72 ACRES, MORE OR LESS.
Z:\HACIENDA LAKES\HACIENDA LAKES OF NAPLES NORTH CDD\CDD less BHEG\2023-289 LEGAL DESCRIPTION.docx
Page 4 of8

EXHIBIT 2

Published Daily Naples, FL 34110

HACIENDA NORTH COMMU NITY DEVELOPMEN
707 ORCHID DR# 100

NAPLES, FL 34102-5014

Affidavit of Publication
STATE OF WISCONSIN COUNTY OF BROWN

Before the undersigned authority personally appeared, who on oath says that he or she is the Legal Coordinator of the Naples Daily News, published in Collier County, Florida; that the attached copy of advertisement, being a Public Notices, was published on the publicly accessible website of Collier and Lee Counties, Florida, or in a newspaper by print in the issues of, on:

lssue(s) dated: 07/30/2023, 08/06/2023

Affiant further says that the website or newspaper complies with all legal requirements for publication in chapter 50, Florida Statutes.

Subscribed and sworn to before me, by the legal clerk, who is personally Known to me, on August 6, 2023:

My commission expires

VICKY FELTY
Notary Public State of Wisconsin

Hacienda North Community Development District
NOTICE OF REGULAR BOARD MEETING AND NOTICE OF PUBLIC HEARINGS TO RECEIVE PUBLIC COMMENT ON THE FISCAL YEAR 2023-24 PROPOSED FINAL BUDGET(S}; TO CONSIDER THE IMPO­ SITION OF MAINTENANCE AND OPERATION SPECIAL ASSESS­ MENTS; ADOPTION OF AN ASSESSMENT ROLL; AND PROVIDING FOR THE LEVY, COLLECTION AND ENFORCEMENT OF THE SAME
The Board of Supervisors ("Board") of Hacienda North Com­ munity Development District ("District") will hold a regular meeting and conduct public hearings on Monday, August 21, 2023 at 10:00 a.m. at the Esplanade at Hacienda Lakes Club­ house, 8490 Viale Circle, Naples, FL 34114.
The purposes of the public hearings are to receive public com­ ment and objections on the Fiscal Year 2023-24 Proposed Final Budget, to consider the adoption of an assessment roll, to con­ sider the imposition of special assessments to fund the proposed budget upon the lands located within the District. and to pro­ vide for the levy, collection and enforcement of the non-ad valorem assessments. The public hearings are being conducted pursuant to Chapters 190 and 197, Florida Statutes. The pur­ pose of the regular meeting is to conduct any business that may properly come before the Board.
The District may also fund various facilities through the collec­
tion of certain rates, fees and charges, which are identified within the budget. A copy of the Proposed Final Budget, pre­ liminary assessment roll and/or the agenda for the meeting/hearings may be obtained from the offices of the District Manager by contacting, Real Estate Econometrics, Inc. 707 Orchid Drive, Suite 100, Naples, FL 34102; email: Rweyer@re e-i.com; phone: (239) 269-1341 ("District Manager's Office") during normal business hours. In accordance with Section 189.016, Florida Statutes, the proposed budget will be posted on the District's website at www.haciendanorthcdd.com at least two days before the public hearing date.
The Board will also consider any other business which may prop­ erly come before it. The meeting/hearings are open to the pub­ lic and will be conducted in accordance with the provisions of Florida law for community development districts. The meeting/hearings may be continued to a date, time, and place to be specified on the record at the meeting/hearin!;JS.
There may be occasions when one or more Supervisors may par­ ticipate by telephone. At the above location there may be pres­ ent a speaker telephone so that any interested person can at­ tend the meeting/hearings and be fully informed of the discus­ sions taking place either in person or by telephone communica­ tion.
In accordance with the provisions of the Americans with Disabil­ ities Act, any person requiring special accommodations at the meeting/hearings because of a disability or physical impairment should contact the District Manager's Office at least forty-eight
(48) hours prior to the meeting/hearing. If you are hearing or
speech impaired, please contact the Florida Relay Service by di­ aling 7-1-1, or 1-800-955-8771 (TTY)/ 1-800-955-8770 (Voice), for
aid in contacting the District Manager's Office.
Each person who decides to appeal any decision made by the Board with respect to any matter considered at the meeting/hearings is advised that person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made, in­ cluding the testimony and evidence upon which such appeal is to be based.
District Manager
July 30, Auq 6, 2023	#5782862

Publication Cost: $924.00
Ad No: 0005782862
Customer No: 2205087 PO#:
# of Affidavits 1
This is not an invoice

EXHIBIT 3

Hacienda North Community Development District
707 Orchid Drive, Suite 100, Naples, FL 34102
Phone: (239) 269-1341

June 15, 2023

Ms. Debbie Windsor Operations Coordinator Collier County Government
Office of Management and Budget 3299 Tamiami Trail E, Ste 201
Naples, FL 34112-5746

RE:	Hacienda North Community Development District-Collier County, Florida Proposed Budget - Fiscal Year 2023-2024

Dear Ms. Windsor:
In accordance with Chapter 189 and 190.008(2)(b) of the Florida Statutes, the District is required to submit to the local governing authorities having jurisdiction over the area included in the Hacienda North Community Development District ("District"), for purposes of disclosure and information only, the proposed annual budget for the ensuing fiscal year.

As such, I am pleased to enclose the District's Proposed Budget for Fiscal Year 2023-2024, which was approved at a preliminary budget meeting on May 15, 2023. A public hearing on the final budget will be held on August 21, 2023.

If you have any questions regarding this matter, please call me at (239) 269-1341.

Sincerely,

G. Russell Weyer President
Real Estate Econometrics, Inc. District Manager
Resolution Attached

Real Estate Econometrics, Inc., 707 Orchid Drive, Suite 100, Naples, FL 34102 (239) 269-1341

RESOLUTION 2023-5

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

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

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

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

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

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

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

DATE: HOUR: LOCATION:

Monday, August 21, 2023
10:00 a.m.
8490 Viale Circle
Naples, FL 34114

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

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

SECTION 6. The invalidity or unenforceability of any one or more provisions of this Resolution shall not affect the validity or enforceability of the remaining portions of this Resolution, or any part thereof.

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

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

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

HACIENDA NORTH COMMUNITY DEVELOPMENT DISTRICT

�	
Chairman/Vice Chairman

APPENDIX A
Hacienda North Community Development District
FY 2022·2023 Budget

REVENUES
CARRY OVER REVENUE TO EQUALIZE ASSESSMENTS ON-ROLL ASSESSMENTS

�lsall Year Budset

413 Platted Lots

OFF ROLL DEVELOPER ASSESSMENTS INTEREST REVENUE MISCELLANEIOUS REVENUE
TOTAL REVENUES EXPENDITURES
ADMINISTRATNE
BOARD OF SUPERVISORS PAYROLL PAYROLL SERVICE FEE
MANAGEMENT CONSULTING SERVICES ASSESSMENT ADMINISTRATION ASSESSMENT ROLL PREPARATION MISCELLANEOUS
AUDITING ACCOUNTING FIRM
INSURANCE (Liability, Property & Casuality) LEGAL ADVERTISING
REGULATORY AND PERMIT FEES LEGAL SERVICES
ENGINEERING SERVICES• General WEBSITE HOSTING & ADMINISTRATION MISCELLANEOUS SERVICES TOTALADM1NISTRATIVE EXPENDITURES

128,615 Balance of Unplatted Acres

128,615

6,000 6 meetings@ $1,000 each
140 Mattice 1099 P"'paration
30,000 $2,500/Month
11,850 MBS Capital Reporting, U,S, Bank, Cusip Fee
Assessment Roll P"'paration for Tax Collector
250 Office Supplies, etc, 5,000 2022-2023 Audit
6,000 Mattice Business Services• $500 month 6,400 DAO lnsura nee
3,000 2 Ads at $1,250/each and 1 @$500/each
175 State Filing Fee
10,000 Coleman Yovanovich & Koester 10,000 Atwell
2,500 Required by State Law· VGlobal Contract Price+ Quickbooks 91,315

NOTE: Field Operations estimated to start 4/1/24 so estimated budget is for a ha�year.

FIELD OPERATIONS
FIELD OPERATIONS MANAGEMENT STAFF	
$		
LANDSCAPING & FJELD MAINTENANCE		30,000 $5,000 a month, Initial grow in maintenance as mature maintenance	
LANDSCAPE REPLACEMENT		Plants are underwarrentyfor a year.	
LANDSCAPE MULCHING		Mulching twice a year@ $2,500 each	
IRRIGATION REPAIRS		lrription should be under warrently	
SOD REPLACEMENT			
TREE PRUNING			
MASTER PUMP MAINTENANCE			
LAKE BANK MAINTENANCE RESERVE		Annual Reserve Contribution	
ELECTRICITY		1,500 Approximately $250/month	
FOUNTAINS		Fountain Repair and Maintenance	
WATER USE MONITORING		3,300 Cardno Entrix@ $275/month	
ENTRY MONUMENTS MAINTENANCE
HOLIDAY DECORATIONS		Pressure Cleaning, Painting, etc.
Brennan's Christmas Decorations	
WETLAND MONITORING		Approximatly $100/month	
STREET SWEEPING		Twiee a year• Construction abating	
SFWMD ERP ANNUAL REPORT		Annual	
LAKE TESTING		Once per year	
SABLE PALM CULVERTS CLEANING		Once per year	
LAKE MAINTENANCE				2,500  $200 per month for 2 lakes+ plus rounding TOTAL FIELD OPERATIONS EXPENDITURES		$	37,300 

TOTAL EXPENDITURES	$	128,615

EXHIBIT 4

HACIENDA NORTH COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2023/2024 BUDGET FUNDING AGREEMENT

This Agreement (the “Agreement”) is made and entered into this 21st day of August, 2023, by and between:

Hacienda North Community Development District, a local unit of special- purpose government established pursuant to Chapter 190, Florida Statutes, and located in Collier County, Florida, with a mailing address of 707 Orchid Drive, Suite 100, Naples, Florida 34102 (“District”), and
Hacienda Lakes of Naples, LLC, a Florida limited liability company and the developer of the lands in the District ("Developer") with a mailing address of 7742 Alico Road, Fort Myers, Florida 33912.
Recitals

WHEREAS, the District was established by an ordinance adopted by the County Commission of Collier County, Florida, effective as of June 14, 2022, 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 is developing the majority of all real property (“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 Fiscal Year 2023/2024, which year commenced October 1, 2023, and concludes on September 30, 2023 (the “FY 2023 Budget”); and

WHEREAS, the FY 2024 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 A; and

WHEREAS, the District has the option of levying non-ad valorem assessments on all land, including the Property owned by the Developer, that will benefit from the activities, operations and services set forth in the FY 2024 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 A; 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 A 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 A;
WHEREAS, the Developer will be funding its portion of the FY 2024 Budget on a percent acreage ownership with Toll Brothers, Inc. as determined by the percentages calculated in their closing agreement as follows:

	Acres		% Acres	
Toll Brothers, Inc.	140.69	71.12%	
 Hacienda Lakes of Naples LLC		57.13		28.88%	
 Totals		197.82		100.00%	

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:

SECTION 1. The Developer agrees to make available to the District its percentage portion of the monies necessary for the operation of the District, as called for in the FY 2024 Budget attached hereto as Exhibit A, within fifteen (15) days of written request by the District. Amendments to the FY 2024 Budget as shown on Exhibit A 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. In no way shall the foregoing in any way affect the District’s ability to levy special assessments upon the property within the District, including the Property, in accordance with Florida law, to provide funds for any unfunded expenditures whether such expenditures are the result of an amendment to the District’s FY 2024 Budget or otherwise. These payments are made by Developer in lieu of operation and maintenance assessments which might otherwise be levied or imposed by the District.
SECTION 2. The District shall have the right to file a continuing lien (the “Lien”) upon the Property described in Exhibit B 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 of 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 the FY 2024 Budget” in the public records of Collier County, Florida, 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 the FY 2024 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 holders 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 Developers have 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 Developers sell any of the Property described in Exhibit B after the execution of this Agreement, the Developers’ 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 Developers.
SECTION 3. In the event Developer fails to make payments as and when due to the District pursuant to this Agreement, the District shall have the following remedies, in addition to other remedies available at law and equity:
At the Board’s direction, the District may 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 enforce the collection of funds due under this Agreement by action against Developer in the appropriate judicial forum in and for Collier County, Florida. 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.

The District hereby finds that the activities, operations and services set out in Exhibit A provide a special and peculiar benefit to the Property, which benefit is initially allocated on an equal developable acreage basis. Developer agrees that the activities, operations and services set forth in Exhibit A provide a special and peculiar benefit to the Property equal to or in excess of the costs set out in Exhibit A, 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 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 Collier County property appraiser. Developer hereby waives and/or relinquishes any rights it may have to challenge or object to such assessments if imposed, as well as the means of collection thereof.

SECTION 4. 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.

SECTION 5. 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.

SECTION 6. 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. In the event that Developer sells or otherwise disposes of its business or of all or substantially all of its assets relating to the lands within the District, including the Property, Developer will expressly require that the purchaser agree to be bound by the terms of this Agreement. In the event of such sale or disposition, Developer may place into escrow an amount equal to the then unfunded portion of the adopted FY 2024 Budget to fund any budgeted expenses that may arise during the remainder of the fiscal year and provide the District evidence of assignment of this Agreement to the purchaser. Upon confirmation of the deposit of said funds into escrow, and evidence of such assignment to, and assumption by the purchaser, the Developer’s obligation under this Agreement shall be deemed fulfilled and this Agreement terminated with respect to Developer’s obligations. The parties hereto recognize that Developer is responsible for expenditures of the District in the FY 2024 Budget and that expenditures approved by the Board may exceed the amount adopted in the FY 2024 Budget. Developer shall notify the District in writing ninety (90) days prior to an anticipated sale or disposition of all or substantially all of the Property.
SECTION 7. 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 in Paragraph 3 above.

SECTION 8. This Agreement is solely for the benefit of the parties hereto and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any person or entity not a party hereto. Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person or entity 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 subject to the terms of Paragraph 6 above.

SECTION 9. This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of Florida. Venue shall be in Collier County, Florida.

SECTION 10. 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.

SECTION 11. 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.
SECTION 12. In the event that either party is required to enforce this Agreement by court proceedings or otherwise, then the parties agree that the substantially prevailing party shall be entitled to recover from the other all costs incurred, including reasonable attorneys' fees, paralegal fees and expert witness fees and costs for trial, alternative dispute resolution, or appellate proceedings.

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

ATTEST:	HACIENDA NORTH COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairman/Vice Chairman

HACIENDA LAKES OF NAPLES, LLC,
a Florida limited liability company

Witness	By: 	
Its: 	

Exhibit A:	Fiscal Year 2023/2024 General Fund Budget
Exhibit B:	Description of the Property

Exhibit A

Exhibit B

RHODES 4- RHODI!JS LAND SUBVEflNG; ma
88100BO.NITA GBANDJIJ .llBlV.14 #lfn NAPL1ll!i; BXO.BlDA 6'186
PHONJ/1(BIi) IOll-81111	FAZ(1161) IOll-8116

FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 11000 FEET, THROUGH A CENTRAL ANGLE OF 49°31'14" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 82°58'44" EAST, 92.14 FEET TO A POINT OF COlvlPOUND CURVATURE; THENCE SOUTHEASTERLY, 212.96 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 570.00 FEET, THROUGH A CENTRAL ANGLE OF 21°24'22" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 47°30'56" EAST, 211.72 FEET TO A POINT OF COlvlPOUND CURVATURE; THENCE SOUTHERLY, 91.60 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 11000 FEET, THROUGH A CENTRAL ANGLE OF 47°42'50" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 12°57'20" EAST, 88.98 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHERLY, 29.49 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 35.00 FEET, THROUGH A CENTRAL ANGLE OF 48°16'55" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 13°14'22" EAST, 28.63 FEET TO A POINT OF COlvlPOUND CURVATURE; THENCE SOUTHEASTERLY, 198.92 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 220.00 FEET, THROUGH A CENTRAL ANGLE OF 51°48'25" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 63°17'02" EAST, 192.22FEET; THENCE SOUTH 89°11'15" EAST, A DISTANCE OF 17.82 FEET TO A POINT ON THE EASTERLY BOUNDARY LINE OF 170 FOOT WIDE FLORIDA POWER AND LIGHT EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 667 PAGE 317 AND OFFICIAL RECORDS BOOK 668 PAGE 1751 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 00°48'45" EAST ALONG THE EASTERLY BOUNDARY LINE OF SAID 170 FOOT WIDE FLORIDA POWER AND LIGHT EASEMENT, A DISTANCE OF 708.91 FEET TO A POINT ON THE BOUNDARY LINE OF SAID TRACT FD-2; THENCE ALONG THE BOUNDARY LINE OF SAID TRACT FD-2 THE FOLLOWING 6 COURSES; COURSE (I) NORTH 87°25'45" EAST, 2,004.48 FEET; COURSE (2) SOUTH 00°47'37" WEST,
671.11 FEET; COURSE (3) NORTH 87°27'14" EAST, 668.22 FEET; COURSE (4) SOUTH 00°47'14" WEST,
671.39 FEET; COURSE (5) NORTH 87°28'42" EAST, 1,336.55 FEET; COURSE (6) NORTH 87°30'06" EAST,
356.20 FEET TO A POINT ON A NON-TANGENTIAL CURVE; THENCE SOUTHERLY LEAVING THE BOUNDARY UNR OF SATD TRACT FD-2, 119.65 FRET ALONG THE ARC OF A CTRC1TT,AR CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 10,000.00 FEET, THROUGH A CENTRAL ANGLE OF 00°41'08" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 16°23'43" WEST, 119.65 FEET; THENCE SOUTH 16°03'09" WEST, A DISTANCE OF 370.15 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY, 70809 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1,440.00 FEET, THROUGH A CENTRAL ANGLE OF 28°10'27" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 30°08'22" WEST, 700.98 FEET; THENCE SOUTH 87°28'42" WEST, A DISTANCE OF 2,055.43 FEET; THENCE NORTH 00°48'1 l" EAST, A DISTANCE OF 1,056.12 FEET TO A POINT ON THE EASTERLY PROLONGATION OF THE BOUNDARY LINE OF SAID TRACT FD-2; THENCE SOUTH 87°28'42" WEST ALONG THE EASTERLY PROLONGATION LINE OF SAID TRACT FD-2, A DISTANCE OF 1,836.66 FEET TO A POINT ON THE BOUNDARY LINE OF SAID TRACT FD-2; THENCE ALONG THE BOUNDARY LINE OF SAID TRACT FD-2 THE FOLLOWING 2 COURSES; COURSE (I) NORTH 00°53'36" EAST, 335 03 FEET; COURSE (2) SOUTH 87°28'41" WEST, 857.57 FEET; THENCE NORTH 02°3l' 19" WEST LEAVING THE BOUNDARY LINE OF SAID TRACT FD-2, A DISTANCE OF 104.62 FEET TO A POINT ON A NON-TANGENTIAL CURVE; THENCE NORTHEASTERLY, 184.82 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 105.00 FEET, THROUGH A CENTRAL ANGLE OF 100°50'57" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 50°25'28" EAST, 161.87 FEET; THENCE NORTH 02°31'19" WEST, A DISTANCE OF 231.33 FEET TO A POINT ON ANON-TANGENTIAL CURVE; THENCE NORTHEASTERLY, 116.42 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 95.00 FEET, THROUGH A CENTRAL ANGLE OF 70°12'48" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 35°56'09" EAST, 109.27 FEET; THENCE NORTH 00°49'45" EAST, A DISTANCE OF 37.03 FEET; THENCE NORTH 89°10'15" WEST, A DISTANCE OF 545 06 FEET TO A POINT ON THE WESTERLY BOUNDARY LINE OF SAID TRACT FD-2; THENCE NORTH 00°49'30" EAST ALONG THE WESTERLY BOUNDARY LINE OF SAID TRACT FD-2, A DISTANCE OF 160.00 FEET TO THE POINT OF BEGINNING.

CONTAINING 6,129,560 SQUARE FEET OR 140.72 ACRES, MORE OR LESS.
Z:\HACIENDA LAKES\HACIENDA LAKES OF NAPLES NORTH CDD\CDD less BHEG\2023-289 LEGAL DESCRIPTION.docx
Page 4 of8

EXHIBIT 5

HACIENDA NORTH COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2023/2024 BUDGET FUNDING AGREEMENT

This Agreement (the “Agreement”) is made and entered into this 21st day of August, 2023, by and between:

Hacienda North Community Development District, a local unit of special- purpose government established pursuant to Chapter 190, Florida Statutes, and located in Collier County, Florida, with a mailing address of 707 Orchid Drive, Suite 100, Naples, Florida 34102 (“District”), and
Toll Brothers, Inc, a Florida corporation and the developer of the lands in the District ("Developer") with a mailing address of 24201 Walden Center Drive, Suite 204, Bonita Springs, FL 34134.
Recitals

WHEREAS, the District was established by an ordinance adopted by the County Commission of Collier County, Florida, effective as of June 14, 2022, 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 is developing the majority of all real property (“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 Fiscal Year 2023/2024, which year commenced October 1, 2023, and concludes on September 30, 2023 (the “FY 2023 Budget”); and

WHEREAS, the FY 2024 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 A; and

WHEREAS, the District has the option of levying non-ad valorem assessments on all land, including the Property owned by the Developer, that will benefit from the activities, operations and services set forth in the FY 2024 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 A; 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 A 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 A;
WHEREAS, the Developer will be funding its portion of the FY 2024 Budget on a percent acreage ownership with Hacienda Lakes of Naples, LLC as determined by the percentages calculated in their closing agreement as follows:

	Acres		% Acres	
Toll Brothers, Inc.	140.69	71.12%	
 Hacienda Lakes of Naples LLC		57.13		28.88%	
 Totals		197.82		100.00%	

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:

SECTION 1. The Developer agrees to make available to the District its percentage portion of the monies necessary for the operation of the District, as called for in the FY 2024 Budget attached hereto as Exhibit A, within fifteen (15) days of written request by the District. Amendments to the FY 2024 Budget as shown on Exhibit A 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. In no way shall the foregoing in any way affect the District’s ability to levy special assessments upon the property within the District, including the Property, in accordance with Florida law, to provide funds for any unfunded expenditures whether such expenditures are the result of an amendment to the District’s FY 2024 Budget or otherwise. These payments are made by Developer in lieu of operation and maintenance assessments which might otherwise be levied or imposed by the District.
SECTION 2. The District shall have the right to file a continuing lien (the “Lien”) upon the Property described in Exhibit B 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 of 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 the FY 2024 Budget” in the public records of Collier County, Florida, 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 the FY 2024 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 holders 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 Developers have 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 Developers sell any of the Property described in Exhibit B after the execution of this Agreement, the Developers’ 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 Developers.
SECTION 3. In the event Developer fails to make payments as and when due to the District pursuant to this Agreement, the District shall have the following remedies, in addition to other remedies available at law and equity:
At the Board’s direction, the District may 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 enforce the collection of funds due under this Agreement by action against Developer in the appropriate judicial forum in and for Collier County, Florida. 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.

The District hereby finds that the activities, operations and services set out in Exhibit A provide a special and peculiar benefit to the Property, which benefit is initially allocated on an equal developable acreage basis. Developer agrees that the activities, operations and services set forth in Exhibit A provide a special and peculiar benefit to the Property equal to or in excess of the costs set out in Exhibit A, 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 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 Collier County property appraiser. Developer hereby waives and/or relinquishes any rights it may have to challenge or object to such assessments if imposed, as well as the means of collection thereof.

SECTION 4. 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.

SECTION 5. 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.

SECTION 6. 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. In the event that Developer sells or otherwise disposes of its business or of all or substantially all of its assets relating to the lands within the District, including the Property, Developer will expressly require that the purchaser agree to be bound by the terms of this Agreement. In the event of such sale or disposition, Developer may place into escrow an amount equal to the then unfunded portion of the adopted FY 2024 Budget to fund any budgeted expenses that may arise during the remainder of the fiscal year and provide the District evidence of assignment of this Agreement to the purchaser. Upon confirmation of the deposit of said funds into escrow, and evidence of such assignment to, and assumption by the purchaser, the Developer’s obligation under this Agreement shall be deemed fulfilled and this Agreement terminated with respect to Developer’s obligations. The parties hereto recognize that Developer is responsible for expenditures of the District in the FY 2024 Budget and that expenditures approved by the Board may exceed the amount adopted in the FY 2024 Budget. Developer shall notify the District in writing ninety (90) days prior to an anticipated sale or disposition of all or substantially all of the Property.
SECTION 7. 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 in Paragraph 3 above.

SECTION 8. This Agreement is solely for the benefit of the parties hereto and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any person or entity not a party hereto. Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person or entity 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 subject to the terms of Paragraph 6 above.

SECTION 9. This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of Florida. Venue shall be in Collier County, Florida.

SECTION 10. 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.

SECTION 11. 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.

SECTION 12. In the event that either party is required to enforce this Agreement by court proceedings or otherwise, then the parties agree that the substantially prevailing party shall be entitled to recover from the other all costs incurred, including reasonable attorneys' fees, paralegal fees and expert witness fees and costs for trial, alternative dispute resolution, or appellate proceedings.

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

ATTEST:	HACIENDA NORTH COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairman/Vice Chairman

TOLL BROTHERS, INC,
a Florida Corporation

		
	
Witness		By: 		
		Its: 		

Exhibit A:	Fiscal Year 2023/2024 General Fund Budget
Exhibit B:	Description of the Property

Exhibit A

Exhibit B

RHODES 4- RHODI!JS LAND SUBVEflNG; ma
88100BO.NITA GBANDJIJ .llBlV.14 #lfn NAPL1ll!i; BXO.BlDA 6'186
PHONJ/1(BIi) IOll-81111	FAZ(1161) IOll-8116

PARCEL 2:

A NON-EXCLUSIVE EASEMENT AS CREATED BY GRANT OF EASEMENT DATED MAY 24, 2022 AND RECORDED IN OFFICIAL RECORDS BOOK 6161, PAGE 3537, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA

LEGAL DESCRIPTION PARCELC
"TOLL PROPERTY" NOT ENCUMBERED BY "CDD PROPERTY"

BEING A PORTION OF TRACT FD-2, HACIENDA LAKE OF NAPLES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 55, PAGES 10 THROUGH 21, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
COMMENCE AT THE SOUTHWEST CORNER OF THOSE LANDS DESCRIBED AS HACIENDA NORTH COMMUNITY DEVELOPMENT DISTRICT, RECORDED IN OFFICIAL RECORDS BOOK 6152, PAGES 969 THROUGH 974, ALSO BEING THOSE LANDS DESCRIBED AS SPECIAL WARRANTY DEED BETWEEN HACIENDA LAKES OF NAPLES, LLC AND BHEG SEVEN SHORES, LLC, RECORDED IN OFFICIAL RECORDS BOOK 6190, PAGES 105 THROUGH 110; THENCE RUN THE FOLLOWING TWO (2) COURSES ALONG THE BOUNDARIES OF LAST SAID LANDS; COURSE NO. 1: NORTH 02°31'19" WEST, 104.62 FEET TO A POINT ON A NON-TANGENTIAL CURVE; COURSE NO. 2 NORTHEASTERLY, 184.82 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 105.00 FEET, THROUGH A CENTRAL ANGLE OF 100°50'57" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 50°25'28" EAST, 161.87 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED AND A POINT ON A NON-TANGENTIAL CURVE; THENCE RUN THE FOLLOWING THREE
(3) COURSES ALONG THE BOUNDARY OF SAID HACIENDA NORTH COMMUNITY DEVOLOPMENT LANDS; COURSE NO. 1. EASTERLY, 5.61 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 105.00 FEET, THROUGH A CENTRAL ANGLE OF 03°03'31" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 77°37'18" EAST, 5.60 FEET; COURSE NO. 2: NORTH 02°31'19" WEST, 234.55 FEET TO A POINT ON A NON-TANGENTIAL CURVE; COURSE NO. 3: WESTERLY, 5.70 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 95.00 FEET, THROUGH A CENTRAL ANGLE OF 03°26'17" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 69°19'25" WEST, 5.70 FEET; THENCE SOUTH 02°31'19" EAST, A DISTANCE OF 231.33 FEET TO THE POINT OF BEGINNING.

CONTAINING 1,261 SQUARE FEET OR 0.029 ACRES, MORE OR LESS.

Z:\HACIENDA LAKES\HACIENDA LAKES OF NAPLES NORTH CDD\CDD less BHEG\2023-289 LEGAL DESCRIPTION.docx
Page 5 of 8

RHODES 4- RHODI!JS LAND SUBVEflNG; ma
88100BO.NITA GBANDJIJ .llBlV.14 #lfn NAPL1ll!i; BXO.BlDA 6'186
PHONJ/1(BIi) IOll-81111	FAZ(1161) IOll-8116

"TOLL LAND WITHIN CDD PROPERTY"

THOSE LANDS DESCRIBED ABOVE AS "TOLL PROPERTY" LESS AND EXCEPT THOSE LANDS DESCRIBED ABOVE AS "TOLL PROPERTY" NOT ENCUMBERED BY "CDD PROPERTY"

CONTAINING 6,128,299 SQUARE FEET OR 140.69 ACRES, MORE OR LESS.

CDD PROPERTY NOT OWNED BY TOLL

THOSE LANDS DESCRIBED ABOVE AS "CDD PROPERTY" LESS AND EXCEPT THOSE LANDS DESCRIBED ABOVE AS "TOLL LAND WITHIN CDD PROPERTY".
CONTAINING 2,488,784 SQUARE FEET OR 57.13 ACRES, MORE OR LESS.

Z:\HACIENDA LAKES\HACIENDA LAKES OF NAPLES NORTH CDD\CDD less BHEG\2023-289 LEGAL DESCRIPTION.docx
Page 6 of8

EXHIBIT 6

RESOLUTION 2023-7
A RESOLUTION OF THE BOARD OF SUPERVISORS OF HACIENDA NORTH COMMUNITY DEVELOPMENT DISTRICT DESIGNATING THE OFFICERS OF THE DISTRICT FOR FISCAL YEAR 2023-2024 AND PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the Board of Supervisors of Hacienda North Community Development District desires to elect the below recited persons to the office specified.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF HACIENDA NORTH COMMUNITY DEVELOPMENT DISTRICT
The following persons are appointed to the offices shown, to wit: Robert Mulhere	Chairman
Gary Hains	Vice Chairman
Russ Weyer	Secretary
Russ Weyer	Treasurer
Clifford Olson	Assistant Secretary
Dwight Nadeau	Assistant Secretary
Jason Tomassetti	Assistant Secretary

This Resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTED this 21st day of August, 2023.

ATTEST:

HACIENDA NORTH COMMUNITY DEVELOPMENT DISTRICT

	
Secretary / Assistant Secretary	Chairman / Vice Chairman

EXHIBIT 7

RESOLUTION 2023-8

A RESOLUTION OF THE BOARD OF SUPERVISORS OF HACIENDA NORTH COMMUNITY DEVELOPMENT DISTRICT ADOPTING THE ANNUAL MEETING SCHEDULE FOR FISCAL YEAR 2023-2024; AND PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, Hacienda North Community Development District (the “District”) is a local unit of special-purpose government organized and existing in accordance with Chapter 190, Florida Statutes, being situated entirely within Collier County, Florida; and
WHEREAS, the District is required by Section 189.015, Florida Statutes to file quarterly, semiannually or annually a schedule (including date, time and location) of its regular meetings with local governing authorities; and
WHEREAS, further, in accordance with the above-referenced statute, the District shall also publish quarterly, semiannually, or annually the District’s regular meeting schedule in a newspaper of general paid circulation in the County in which the District is located.
WHEREAS, the Board desires to adopt a Fiscal Year 2023-2024 annual meeting schedule attached as Exhibit A.

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

The Fiscal Year 2023-2024 annual public meeting schedule attached hereto and incorporated by reference herein as Exhibit A is hereby approved and will be published in accordance with the requirements of Florida law and also provided to applicable governing authorities.

This Resolution shall become effective immediately upon its adoption.

PASSED AND ADOPTED this 21st day of August, 2023.

HACIENDA NORTH COMMUNITY DEVELOPMENT DISTRICT
ATTEST:

Secretary / Assistant Secretary	Chairman / Vice Chairman

EXHIBIT “A”

BOARD OF SUPERVISORS MEETING DATES HACIENDA NORTH COMMUNITY DEVELOPMENT DISTRICT
FISCAL YEAR 2023-2024
The Board of Supervisors of the Hacienda North Community Development District will hold their regular meetings for Fiscal Year 2023-2024 at the offices of Coleman, Yovanovich & Koester, PA, 4001 Tamiami Trial N., Suite 300, Naples, FL 34103 at 10:00 a.m. unless otherwise indicated as follows:

October 16, 2023
November 20, 2023
December 18, 2023
January 22, 2024*
February 26, 2024*
March 18, 2024
April 15, 2024
May 20, 2024
June 17, 2024
July 15, 2024
August 19, 2024
September 16, 2024

*-Moved one week later due to Martin Luther King Day and President’s Day holidays.

The meetings are open to the public and will be conducted in accordance with the provision of Florida Law for Community Development Districts. The meetings may be continued to a date, time, and place to be specified on the record at the meeting.

There may be occasions when one or more Supervisors will participate by telephone.

Any person requiring special accommodations at a meeting because of a disability or physical impairment should contact the District Office at (239) 269-1341 at least two calendar days prior to the meeting.
Each person who decides to appeal any action taken at these meetings is advised that person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based.
District Manager

EXHIBIT 8

1	HACIENDA NORTH COMMUNITY DEVELOPMENT DISTRICT
2	Suite 100, 707 Orchid Drive
3		Naples, FL 34102	
4
5
6	MINUTES OF MEETING
7

Board of Supervisors Meeting		
Monday May 15, 2023, 10:22 a.m.		
Coleman Yovanovich & Koester, P.A.	
Northern Trust Bank Building		
4001 Tamiami Trail North, Suite 300		
Naples, Florida 34104		
Present and constituting a quorum were:	
Robert Mulhere	Board Member	
Dwight Nadeau	Board Member	
Gary Hains	Board Member	
Jason Tomassetti	Board Member	
Chip Olson	Board Member	
Also present were:		
Russ Weyer	District Manager, Real Estate Econometrics, Inc.	
Greg Urbancic	District Counsel,	
	Coleman, Yovanovich & Koester, P.A.	
Taylor Whitcomb	Hacienda Lakes of Naples LLC	
David Torres	Hacienda Lakes of Naples LLC	
On Zoom:		
Jacquelyn Larocque	Atwell, LLC	
Misty Taylor	Bryant Miller Olive P.A.	
FIRST ORDER OF BUSINESS	Call to Order and Roll Call	

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39
40	Mr. Weyer called the meeting to order and proceeded with the roll call. The members in
41	attendance are as outlined above. 42
43

1	SECOND ORDER OF BUSINESS
2
3	Mr. Weyer noted that the Florida Statutes require that there be an opportunity for Public
4	Comment.
5
6	There were no public comments. 7
8
9	THIRD ORDER OF BUSINESS	Organizational Matters
10
11		Mr. Weyer presented the FY 2023-2024 Operations & Maintenance budget. He reviewed	
12		the budget line item by line item. He pointed out that the budget is mostly administrative.	
13		He noted that field operations will most likely start in April according to Mr. Torres and	
14		Mr. Jim Hepler from Toll Brothers.	
15			
16		Landscape maintenance will be mostly nurturing plants during their grow in period and	
17		they are generally warranted for six months so there is no plant replacement budget.	
18		According to WLM it will be a grow in budget. There will be electricity for irrigation	
19		pumps along with lake maintenance.	
20			
21		Mr. Mulhere asked about the revenue stream and Mr. Weyer said that this fiscal year budget	
22		will be funded by the Hacienda Lakes of Naples and Toll Brothers through direct bill	
23		assessments.	
24			
25		There was no further discussion.	
26			
27	A.	CONSIDERATION OF RESOLUTION 2023-5: A RESOLUTION OF THE BOARD	
28		OF SUPERVISORS OF HACIENDA NORTH COMMUNITY DEVELOPMENT	
29		DISTRICT APPROVING A PROPOSED BUDGET FOR FISCAL YEAR 2023-24	
30		AND SETTING A PUBLIC HEARING THEREON PURSUANT TO FLORIDA	
31		LAW; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT AND	
32		PROVIDING FOR AN EFFECTIVE DATE.	
33			
34		Mr. Weyer presented Resolution 2023-5 which approves the proposed budget he just	
35		reviewed and sets the public hearing date. He said that the public hearing date is Monday,	
36		August 21st at 10 a.m. at the Esplanade clubhouse in Hacienda Lakes. The public hearing	
37		and meeting will follow the Hacienda Lakes CDD public hearing and meeting.	
38			
39		There was no further discussion.	
40			
41	On	MOTION by Mr. Olson and seconded by Mr. Mulhere, with all in favor, the Board of	
42
43
44	Supervisors of the Hacienda North Community Development District approved Resolution 2023- 5 which sets the proposed FY 2023-2024 budget and sets the public hearing date of August 21, 2023.	
45

Mr. Jason Tomassetti was presented as the candidate to fulfill Ms. Aguiar’s remaining term
in Seat 1.

On MOTION by Mr. Mulhere and seconded by Mr. Nadeau, with all in favor, the Board of Supervisors of the Hacienda North Community Development District to appoint Mr. Jason Tomassetti to Seat 1.

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4
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6
7
8	Mr. Weyer then administered the oath of office to Mr. Tomassetti and Mr. Urbancic
9	administered the oath of office. 10
11	Next, Mr. Weyer presented Resolution 2023-3. 12
13
14	Mr. Weyer said that this resolution sets the District’s slate of officers for the remainder of
15	fiscal year 2022-2023 since Mr. Tomassetti has been appointed to the Board. The two
16	changes are appointing Mr. Tomassetti as an Assistant Secretary and Mr. Hains as Vice
17	Chairman. He asked that the Board approve the resolution.	There was no further
18	discussion.

On MOTION by Mr. Nadeau and seconded by Mr. Hains, with all in favor, the Board of Supervisors of the Hacienda North Community Development District approved Resolution 2023- 3, designating the officers of the District for the remainder of FY 2022-2023.

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24
25	FOURTH ORDER OF BUSINESS	Administrative Matters
26
27	A.	Consideration of the November 7, 2022 Meeting Minutes.
28
29	Mr. Weyer presented the November 7, 2022 meeting minutes. 30
31	There were no comments or questions. 32
33	B.	Consideration of the May 2, 2023 Meeting Minutes.
34
35	Mr. Weyer presented the May 2, 2023 meeting minutes. 36

On MOTION by Mr. Nadeau and seconded by Mr. Hains, with all in favor, the Board of Supervisors of the Hacienda North Community Development District approved the May 2, 2023 meeting minutes.

37	There were no comments or questions. 38
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1	FIFTH ORDER OF BUSINESS	Business Matters
2
3	A.	Consideration of the April 2023 Financials.
4
5	Mr. Weyer presented the April 2023 financials. He pointed out that the off-roll assessments
6	are still at $51,000 and the second half will be invoiced between Toll Brothers and
7	Hacienda Lakes of Naples on an acreage basis. The second half invoices will be going out
8	shortly.
9
10	There was no further discussion. 11
12
13
14	SIXTH ORDER OF BUSINESS	Financial Matters
15
16	Mr. Weyer noted that Ms. Tayor was on the call but had been disconnected. Mr. Weyer
17	asked Ms. Larocque if she needed anything regarding the bonds and she said that she has
18	everything needed and is on hold waiting to see if there are any more comments to her
19	report.	Mr. Torres said that the documents are currently with Toll Brothers and he said
20	that Ms. Zare told him that once Toll Brothers completes their review and comments, MBS
21	will be ready to go to market. 22
23	There was no further discussion. 24
25	SEVENTH ORDER OF BUSINESS	Staff Reports
26
27	Manager’s Report –
28
29	The next meeting is scheduled for Monday August 21st at 10 a.m. at the Esplanade
30	clubhouse in Hacienda Lakes. Mr. Weyer had nothing further to report. 31
32	Attorney’s Report –
33
34	Mr. Urbancic reminded the Board that a bill requiring ethics training for CDD Board of
35	Supervisors will be upcoming for next year. He said that they will be developing a plan to assist
36	the Board with the process. 37
38	Engineer’s Report –
39
40	Ms. Larocque had nothing further to report. 41
42	EIGHTH ORDER OF BUSINESS	Supervisors Requests
43
44	There were no Supervisor Requests. 45
46

NINTH ORDER OF BUSINESS	Public Comments	
There were no public comments.		
TENTH ORDER OF BUSINESS	Adjournment	

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On MOTION by Mr. Mulhere and seconded by Mr. Nadeau, with all in favor, the meeting of the Board of Supervisors of the Hacienda North Community Development District was adjourned.

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Secretary/Assistant Secretary	Chairperson/Vice-Chairperson	

 		
Print Name	Print Name	

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EXHIBIT 9

Hacienda North Community Development District Statement of Activity
October 2022 - July 2023

Category	Total	Budget	Balance	
Revenue				
1363116 Off Roll Assessments	$51,325.00	$101,325.00	-$50,000.00	
Developer Contribution - Bond Validation Cost	7,169.93			
Total Revenue	$58,494.93	$101,325.00	-$50,000.00	
Expenditures				
1100000 Administrative				
1511001	Board of Supervisors Stipend	4,000.00	8,000.00	4,000.00	
1512100	Management Consulting Services	27,500.00	30,000.00	2,500.00	
1513020	Office Expense	55.17	750.00	694.83	
1513040	Regulatory and Permit Fees	300.00	175.00	-125.00	
1513055	Legal Advertising	8,894.90	8,000.00	-894.90	
1513075	Accounting Services	4,550.00	6,000.00	1,450.00	
1513100	Insurance- General Liability	5,000.00	6,400.00	1,400.00	
1514010	Legal Services	5,706.00	12,000.00	6,294.00	
1514020	Bond Validation Legal Expenses	2,184.50	10,000.00	7,815.50	
Bond Validation Cost	0.00			
Total Administrative	$58,190.57	$81,325.00	$23,134.43	
				
Net Cash Flow	$304.36	$20,000.00	-$26,865.57	

Off Roll Deposit 8-7 (Hacienda Lakes of Naples)	
$14,430.00			

Current Cash Position	
$14,734.36			

FY 2022-2023 2ND HALF OFF ROLL ASSESSMENTS

Hacienda Lakes of Naples, LLC	$14,432.31	Received	
Toll Brothers, Inc.	$35,567.69	Billed 8-4-23	
	$50,000.00