TURNBULL 
CREEK 
COMMUNITY 
DEVELOPMENT 
DISTRICT 
November 
14, 
2023 
Minutes 
of 
Meeting 
Page 
1 
MINUTES 
OF 
MEETING 


Each 
person 
who 
decides 
to 
appeal 
any 
decision 
made 
by 
the 
Board 
with 
respect 
to 
any 
matter 
considered 
at 
the 
meeting 
is 
advised 
that 
the 
person 
may 
need 
to 
ensure 
that 
a 
verbatim 
record 
of 
the 
proceedings 
is 
made, 
including 
the 
testimony 
and 
evidence 
upon 
which 
such 
appeal 
is 
to 
be 
based. 


TURNBULL 
CREEK 


COMMUNITY 
DEVELOPMENT 
DISTRICT 


The 
regular 
meeting 
of 
the 
Board 
of 
Supervisors 
of 
Turnbull 
Creek 
Community 
Development 
District 
was 
held 
on 
November 
14, 
2023, 
at 
6:30 
p.m. 
at 
the 
Murabella 
Amenity 
Center, 
101 
Positano 
Avenue, 
St. 
Augustine, 
Florida 
32092. 


Present 
and 
constituting 
a 
quorum: 


Brian 
Wing 
Board 
Supervisor, 
Chairman 
Jeremy 
Vencil 
Board 
Supervisor, 
Vice 
Chairman 
Chris 
DelBene 
Board 
Supervisor, 
Assistant 
Secretary 
Diana 
Jordan-Baldwin 
Board 
Supervisor, 
Assistant 
Secretary 


Also 
present 
were: 
Melissa 
Dobbins 
District 
Manager, 
Rizzetta 
& 
Co., 
Inc. 
Jennifer 
Kiliniski 
District 
Counsel, 
Kilinski/Van 
Wyk 
Mike 
Yuro 
District 
Engineer, 
Yuro 
& 
Associates 
Jim 
Schieszer 
Field 
Operations 
Manager, 
RMS 
Brian 
Stephens 
Account 
Manager, 
Trimac 
Outdoors 


Audience 
members 
present. 


FIRST 
ORDER 
OF 
BUSINESS 
Call 
to 
Order 
/ 
Roll 
Call 


Mr. 
Wing 
called 
the 
meeting 
to 
order 
at 
6:30 
p.m. 


SECOND 
ORDER 
OF 
BUSINESS 
Audience 
Comments 
on 


Agenda 
Items 


Audience 
members 
had 
questions/concerns 
regarding 
total 
pond 
repair 
cost, 
request 
for 
clean 
up 
of 
ditch 
along 
SR-16, 
request 
for 
new 
amenity 
furniture, 
irrigation 
issues, 
landscapers 
blowing 
grass 
clippings 
into 
ponds, 
Board 
communication 
to 
the 
community 
and 
concerns 
regarding 
increase 
in 
fees. 



TURNBULL 
CREEK 
COMMUNITY 
DEVELOPMENT 
DISTRICT 
November 
14, 
2023 
Minutes 
of 
Meeting 
Page 
2 


THIRD 
ORDER 
OF 
BUSINESS 
Staff 
Reports 
4 
Part 
A 


A. 
District 
Engineer 
1.) 
Update 
on 
Pond 
Repair 


Mr. 
Yuro 
presented 
Aquagenix 
proposal, 
(Exhibit 
A). 
Discussion 
ensued 
regarding 
counsel 
adding 
this 
proposal 
amount, 
liquidated 
damages, 
all 
District 
Counsel 
and 
District 
Engineer 
fees 
associated 
with 
this 
matter 
to 
be 
included 
in 
an 
updated 
letter 
to 
Boudreaux 
regarding 
District's 
payment 
for 
a 
replacement 
vendor 
to 
repair 
the 
ponds. 


Discussion 
also 
ensued 
regarding 
the 
District 
working 
with 
the 
HOA 
to 
collect 
and 
get 
reimbursed 
from 
the 
property 
owners 
for 
the 
<duck= 
repairs. 


On 
a 
motion 
by 
Mr. 
DelBene, 
seconded 
by 
Mr. 
Vencil, 
with 
all 
in 
favor, 
the 
Board 
of 


Supervisors 
authorized 
the 
District 
Engineer 
to 
oversee 
the 
project, 
not 
to 
exceed 


$5,000.00, 
directed 
District 
Counsel 
to 
include 
proposal 
amount 
in 
Boudreaux 


updated 
letter 
and 
approved 
Aquagenix 
proposal, 
in 
the 
amount 
of 
$82,213.61, 


subject 
to 
revising 
the 
proposal 
to 
add 
in 
language 
that 
the 
project 
will 
be 
completed 


by 
March 
1! 
All 
areas 
used 
for 
paths 
or 
equipment 
will 
be 
put 
back 
to 
their 
original 


condition 
and 
the 
<duck= 
area 
cost 
is 
to 
be 
separated 
out, 
for 
Turnbull 
Creek 


Community 
Development 
District. 


2.) 
Update 
on 
Walking 
Trail 
Improvement 


Mr. 
Yuro 
stated 
that 
he 
is 
waiting 
for 
an 
updated 
proposal 
from 
Duval 
regarding 
the 
walking 
trail. 
He 
will 
send 
it 
out 
once 
it 
is 
received 
and 
the 
Board 
can 
discuss 
it 
at 
the 
next 
meeting. 


B. 
Landscaper 
1.) 
Trimac 
Landscape 
Reports 
4 
September 
18, 
2023; 
September 
25, 
2023 
& 
October 
23, 
2023 


Mr. 
Vencil 
requested 
that 
the 
Board 
receive 
copies 
of 
each 
weekly 
report 
going 
forward 
in 
the 
agenda 
packet. 


FOURTH 
ORDER 
OF 
BUSINESS 
Consideration 
of 
Landscape 


Enhancement 
Proposal(s) 


1.) 
Roberts 
Tree 
Service 
Proposal 
to 
Remove 
All 
Down 
Trees 
in 
Ditch 
& 
to 
Remove 
2 
Dead 
Trees 
& 
Grind 
Stumps 



TURNBULL 
CREEK 
COMMUNITY 
DEVELOPMENT 
DISTRICT 


November 
14, 
2023 
Minutes 
of 
Meeting 
Page 


2.) 
Treeco 
Proposal 
to 
Remove 
Dead 
Live 
Oak 
& 
River 
Birch 
Trees 
at 


Franchetta 
Lane 
& 
Grind 
Stumps 


3.) 
Treeco 
Proposal 
to 
Remove 
Dead 
Trees 
from 
Pacetti 
Drive 
to 
177 
Terracina 
Drive 


4.) 
Trimac 
Proposal 
to 
Remove 
Dead 
Oak 
Tree 
& 
River 
Birch 
Tree 
& 
Grind 


Stumps 


5.) 
Trimac 
Proposal 
to 
Remove 
Dead 
Oak 
Tree 
& 
River 
Birch 
Tree 
& 
Grind 


Stumps 


On 
a 
motion 
by 
Mr. 
Vencil, 
seconded 
by 
Ms. 
Jordan-Baldwin, 
with 
all 
in 
favor, 
the 
Board 
of 
Supervisors 
approved 
Roberts 
Tree 
Service 
proposal, 
in 
the 
amount 
of 
$6,800.00, 
subject 
to 
more 
detail 
on 
the 
location 
to 
be 
included, 
for 
Turnbull 
Creek 
Community 
Development 
District. 


FIFTH 
ORDER 
OF 
BUSINESS 
Discussion 
Regarding 
Establishing 
Fees 
for 
District 
Licensing 
Agreements 


On 
a 
motion 
by 
Mr. 
Vencil, 
seconded 
by 
Ms. 
Jordan-Baldwin, 
with 
all 
in 
favor, 
the 
Board 
of 
Supervisors 
approved 
a 
90-day 
trial 
for 
the 
following 
fee 
structure: 
Resident 
Only 
Event 
Fee: 
$50 
Rental 
Fee 
or 
10% 
of 
Gross 
Revenue, 
whichever 
is 
greater, 
and 
Non-Resident 
Event/Program 
Fee: 
$100 
Rental 
Fee 
or 
10% 
of 
Gross 
Revenue, 
whichever 
is 
greater, 
for 
Turnbull 
Creek 
Community 
Development 
District. 


SIXTH 
ORDER 
OF 
BUSINESS 
Discussion 
Regarding 


Pickleball 
Court 
Request 


On 
a 
motion 
by 
Mr. 
DelBene, 
seconded 
by 
Mr. 
Wing, 
with 
all 
in 
favor, 
the 
Board 
of 
Supervisors 
authorized 
the 
Chairman 
to 
review 
court 
location 
options 
with 
the 
District 
Engineer 
and 
have 
Staff 
look 
at 
exploratory 
court 
proposals 
so 
cost 
can 
be 
considered 
for 
a 
future 
budget, 
for 
Turnbull 
Creek 
Community 
Development 
District. 



TURNBULL 
CREEK 
COMMUNITY 
DEVELOPMENT 
DISTRICT 
November 
14, 
2023 
Minutes 
of 
Meeting 
Page 
4 
SEVENTH 
ORDER 
OF 
BUSINESS 
Consideration 
of 
Poolsure 
Renewal 
Proposal 


On 
a 
motion 
by 
Mr. 
DelBene, 
seconded 
by 
Ms. 
Jordan-Baldwin, 
with 
all 
in 
favor, 
the 


Board 
of 
Supervisors 
approved 
Poolsure 
2024 
Renewal 
for 
$1,716.65 
per 
month, 
for 
Turnbull 
Creek 
Community 
Development 
District. 


EIGHTH 
ORDER 
OF 
BUSINESS 
Consideration 
of 
Fighting 


Turtles 
Swim 
Team 
2024 
Schedule 


On 
motion 
by 
Mr. 
DelBene, 
seconded 
by 
Mr. 
Wing, 
the 
Board 
of 
Supervisors 
approved 
the 
Fighting 
Turtles 
Swim 
Team 
2024 
schedule 
as 
presented 
and 
directed 
District 
Counsel 
to 
draft 
addendum 
to 
their 
agreement, 
for 
Turnbull 
Creek 
Community 
Development 
District. 


NINTH 
ORDER 
OF 
BUSINESS 
Consideration 
Fish 
Stocking 


Proposal(s) 


1.) 
Future 
Horizons 
Proposal 
for 
Mosquito 
Fish 


2.) 
The 
Lake 
Doctors 
Proposal 
for 
Gamefish 


The 
Board 
tabled 
until 
next 
meeting 
and 
requested 
vendors 
to 
attend 
so 
they 
could 
further 
discuss 


options 
for 
fish 
stocking 
to 
reduce 
midges. 


TENTH 
ORDER 
OF 
BUSINESS 
Consideration 
of 
Wall 
Repair 


Proposal(s) 


The 
Board 
tabled 
and 
requested 
Mr. 
Schieszer, 
to 
get 
other 
bids 
and 
look 
at 
a 
concrete 
option 
with 
the 
District 
Engineer. 


ELEVENTH 
ORDER 
OF 
BUSINESS 
Approval 
of 
Consent 
Agenda 


1.) 
Consideration 
of 
Minutes 
of 
the 
Board 
of 
Supervisors9 
Regular 
Meeting 
held 
September 
12, 
2023 


On 
motion 
by 
Mr. 
Wing, 
seconded 
by 
Mr. 
DelBene, 
with 
all 
in 
favor, 
the 
Board 
of 
Supervisors 
approved 
the 
minutes 
of 
the 
regular 
meeting 
held 
September 
12, 
2023, 
for 
Turnbull 
Creek 
Community 
Development 
District. 



TURNBULL 
CREEK 
COMMUNITY 
DEVELOPMENT 
DISTRICT 
November 
14, 
2023 
Minutes 
of 
Meeting 


Page 
5 


2.) 
Ratification 
of 
the 
Operation 
and 
Maintenance 
of 
Expenditures 
for 
August 
& 
September 
2023 


On 
motion 
by 
Mr. 
Wing, 
seconded 
by 
Mr. 
DelBene, 
with 
all 
in 
favor, 
the 
Board 
of 
Supervisors 
ratified 
the 
operation 
& 
maintenance 
of 
expenditures 
for 
August 
2023, 
in 
the 
amount 
of 
$89,286.55, 
and 
September 
2023, 
in 
the 
amount 
of 
$123,212.59, 
for 
Turnbull 
Creek 
Community 
Development 
District. 


Mr. 
DelBene 
requested 
that 
Mr. 
Hutchinson 
review 
Comcast 
services 
at 
the 
next 
meeting. 


TWELFTH 
ORDER 
OF 
BUSINESS 
Ratification 
of 
Annual 
Audit 
of 
Fiscal 
Year 
Ending 
September 
2022 


On 
motion 
by 
Mr. 
DelBene, 
seconded 
by 
Ms. 
Jordan-Baldwin, 
with 
all 
in 
favor, 
the 
Board 
of 
Supervisors 
ratified 
the 
annual 
audit 
of 
fiscal 
year 
ending 
September 
2022, 
for 
Turnbull 
Creek 
Community 
Development 
District. 


THIRTEENTH 
ORDER 
OF 
BUSINESS 
Appointment 
to 
Board 
Member 


Vacant 
Seat 
#5 


The 
Board 
reviewed 
information 
from 
3 
candidates. 
After 
a 
tie 
vote, 
the 
Board 
directed 
the 
Staff 
to 
repost 
the 
announcement 
to 
the 
community, 
with 
a 
deadline 
of 
December 
15". 
The 
Board 
will 
review 
all 
candidates 
again 
at 
the 
January 
9'" 
meeting. 


1.) 
Administration 
of 
Oath 
of 
Office 


Tabled. 


FOURTEENTH 
ORDER 
OF 
BUSINESS 
Consideration 
of 
Resolution 


2024-02; 
Redesignating 
Assistant 
Secretaries 


On 
motion 
by 
Ms. 
Jordan-Baldwin, 
seconded 
by 
Mr. 
DelBene, 
with 
all 
in 
favor, 
the 
Board 
of 
Supervisors 
adopted 
Resolution 
2024-02, 
Redesignating 
Assistant 
Secretaries, 
for 
Turnbull 
Creek 
Community 
Development 
District. 



TURNBULL 
CREEK 
COMMUNITY 
DEVELOPMENT 
DISTRICT 
November 
14, 
2023 
Minutes 
of 
Meeting 


Page 


FIFTEENTH 
ORDER 
OF 
BUSINESS 
Staff 
Reports 
4 
Part 
B 


A. 
District 
Counsel 
Ms. 
Kilinski 
reviewed 
with 
the 
board 
that 
she 
received 
questions 
about 
if 
gambling 
is 
allowed 
at 
the 
facilities. 
She 
stated 
card 
games 
are 
allowed 
and 
she 
can 
update 
the 
policies 
so 
there 
is 
clear 
language 
regarding 
this 
issue. 
The 
Board 
directed 
her 
to 
amend 
the 
policies 
to 
add 
in 
the 
language. 


B. 
Amenity 
and 
Field 
Operation 
Managers 
1.) 
Field 
Operations 
& 
Amenity 
Management 
Report 
2.) 
Future 
Horizon 
Report 


C. 
District 
Manager 
Ms. 
Dobbins 
updated 
the 
Board 
that 
the 
vehicle 
damage 
to 
the 
SR-16 
monument 
was 
covered 
by 
the 
vehicle9s 
insurance. 
Mr. 
Schieszer 
is 
working 
with 
contractors 
to 
make 
the 
repairs 
to 
the 
monument 
and 
the 
landscaping. 


She 
also 
brought 
to 
the 
Board9s 
attention 
that 
not 
all 
of 
the 
entry 
monuments 
are 
on 
their 
current 
insurance 
schedule, 
and 
she 
is 
currently 
reviewing 
the 
matter. 


Ms. 
Dobbins 
provided 
revenue 
amounts 
that 
were 
received 
from 
Vesta9s 
programming 
over 
the 
past 
year. 
The 
Board 
requested 
for 
her 
to 
confirm 
Ancient 
City 
also 
submitted 
their 
revenue 
check. 


SIXTEENTH 
ORDER 
OF 
BUSINESS 
Audience 
Comments 
and 
Supervisors9 
Requests 


Audience 
Comments 


Request 
were 
made 
for 
the 
Board 
to 
discuss 
possible 
upgrades 
for 
new 
furniture 
at 
the 
amenity 
center, 
which 
is 
part 
of 
the 
Reserve 
Study. 
Mr. 
Wing 
directed 
the 
District 
Manager 
to 
add 
it 
to 
the 
January 
agenda. 


Supervisors9 
Requests 


No 
supervisor 
comments. 


SEVENTEENTH 
ORDER 
OF 
BUSINESS 
Adjournment 


On 
a 
motion 
by 
Mr. 
Wing, 
seconded 
by 
Mr. 
Vencil, 
with 
all 
unanimously 
in 
favor, 
the 
Board 


adjourned 
the 
meeting 
at 
9:17 
p.m., 
for 
Turnbull 
Creek 
Community 
Development 
District. 



TURNBULL 
CREEK 
COMMUNITY 
DEVELOPMENT 
DISTRICT 
November 
14, 
2023 
Minutes 
of 
Meeting 
Page 
7 


bye. 


Secretary 
/Assistant 
Secretary 
Charmane/igeCparman 



Exhibit 
A 



L4~ 
: 


es, 
Aquagentix 


y 
A 
DCS 
Company 


oEANIGELO 
| 


CONTRACTING 
SERVICES 


Welcome 
to 
the 
DeAngelo 
Contract 
Services 
Family. 
Let9s 
take 
an 
opportunity 
to 
tell 
you 
about 
DCS 
and 
what 
we 
offer. 
The 
programs 
DCS 
has 
designed 
for 
your 
waterways 
has 
one 
goal: 
To 
promote 
an 
environmentally 
balanced 
aquatic 
ecosystem, 
using 
cost 
effective 
methods 
that 
results 
in 
well 
maintain 
water 
quality, 
clarity, 
and 
provides 
our 
customers 
with 
an 
environmental 
and 
recreational 
asset. 


Benefits 
of 
DCS 
Programs 
are: 


* 
Management 
of 
aquatic 
littoral 
and 
other 
native 
planting 
and 
sanctuary 
areas, 
which 
aids 
in 
the 
management 
of 
nutrient 
loading 
of 
the 
water 
body 
and 
creates 
native 
areas 
for 
wildlife. 
* 
Management 
of 
algae 
and 
undesirable 
water 
weeds 
along 
the 
shoreline, 
floating 
on 
the 
surface 
or 
submersed 
under 
the 
water. 
* 
Management 
of 
border 
grass 
and 
weeds 
from 
the 
toe 
of 
the 
bank 
to 
the 
water9s 
edge 
* 
Water 
analysis 
for 
Dissolved 
Oxygen 
(DO), 
pH 
and 
Temperature 
when 
we 
treat 
* 
Post 
Treatment 
Reports 
providing 
details 
of 
work 
we 
performed. 
Additional 
service 
available 
from 
DCS: 
* 
Wetland 
planting, 
restoration, 
and 
maintenance 
* 
Installation 
of 
Decorative 
Fountains 
and 
Aeration 
Systems 
* 
Servicing 
Fountain 
and 
Aeration 
Systems 
* 
Blue 
Dye 
/ 
Water 
Clarity 
Treatment 
* 
Turbidity 
Curtains 
and 
Weed 
Barriers 
* 
Waterway 
and 
Wetland 
Consulting 
* 
The 
creation 
of 
littoral 
and 
other 
native 
planting 
and 
sanctuary 
areas. 
* 
Permit 
processing 
for 
stocking 
of 
Triploid 
Grass 
Carp 
* 
Stocking 
of 
Game 
fish 
and 
Triploid 
Grass 
Carp 
* 
Comprehensive 
water 
testing 
Advantages 
of 
doing 
business 
with 
DCS: 


* 
Ten 
million 
dollars 
of 
insurance 
coverage, 
with 
pollution 
coverage, 
to 
protect 
you 
and 
your 
organization. 
* 
Quick 
response 
to 
customer 
calls. 
* 
Boats, 
skiffs, 
and 
four-wheel 
drive 
maintenance 
vehicles 
with 
appropriate 
systems 
to 
complete 
the 
job. 
* 
Where 
required, 
monthly 
management 
service 
reports 
for 
use 
in 
meetings 
and 
submission 
to 
government 
agencies. 
* 
Educational 
presentations 
to 
interested 
groups. 
* 
Our 
field 
crews 
are 
in 
uniforms 
with 
our 
company 
name 
embroidered 
identification. 
* 
Our 
trucks, 
boats 
and 
spray 
vehicles 
are 
clearly 
identified 
with 
our 
name, 
seal, 
and 
telephone 
numbers. 
The 
following 
is 
an 
agreement 
covering 
the 
services 
DCS 
will 
complete 
for 
the 
various 
bodies 
of 
water 
on 
your 
property, 
a 
copy 
of 
all 
necessary 
documents 
as 
required 
and 
an 
information 
sheet 
detailing 
your 
waterways 
DCS 
will 
be 
treating. 
If, 
at 
any 
time, 
you 
are 
not 
fully 
satisfied 
with 
our 
service 
there 
is 
a 
cancellation 
clause 
included 
in 
the 
agreement. 


Please 
sign 
the 
below 
agreement 
and 
return 
this 
to 
our 
office 
for 
immediate 
scheduling 
of 
service. 
We 
look 
forward 
to 
the 
opportunity 
of 
serving 
you. 
Respectfully 
yours, 
The 
team 
at 
DCS. 



4~ 


eam, 
Aquagenix 


~~ 
A 
DCS 
Company 


[DEAN 
GELS 
| 


CONTRACTING 
SERVICES 


DeAngelo 
Contracting 
Services 
SPECIAL 
SERVICES 
AGREEMENT 


This 
agreement, 
dated 
11/13/2023, 
is 
made 
between 
DeAngelo 
Contracting 
Services 
and 
Turnbull 
Creek 
at 


Murabella 
as 
described 
as 
follows: 


TURNBULL 
CREEK 
AT 
MURABELLA 


St. 
Augustine, 
FL 


Contact: 
Mike 
Yuro 
myuro@mjyuro.com 
Aquagenix 
has 
quoted 
to 
correct 
all 
the 
items 
in 
the 
attached 
map. 
This 
would 
be 
full 
project 
pricing 
to 
correct 
the 
issues, 
sod, 
erosion, 
and 
slope 
repair. 


Sod 
Replacement: 
All 
locations 
listed 
for 
sod 
repair. 
This 
includes, 
spraying 
out 
the 
existing, 
removal 
of 
old, 
leveling, 
installing. 
All 
debris 
from 
this 
will 
be 
removed 
from 
site 
and 
disposed 
of 
in 
the 
proper 
landfill. 


Slope 
Repair: 
Clean 
drainable 
fill 
will 
be 
dropped 
at 
the 
street, 
movement 
of 
soil 
will 
be 
with 
wheelbarrow 
in 
some 
areas, 
Georgia 
buggy 
in 
other 
and 
the 
large 
location 
with 
a 
skid 
steer. 
Dirt 
will 
be 
compacted 
with 
walking 
plate 
compactor. 
Street 
will 
be 
cleaned 
up 
and 
kept 
tidy 
in 
the 
process 
of 
backfilling. 
Re-sod 
these 
locations 
has 
been 


included 
in 
this 
number. 


Erosion 
Repair: 
Clean 
drainable 
fill 
will 
be 
dropped 
at 
the 
street, 
movement 
of 
soil 
will 
be 
with 
wheelbarrow 
in 
some 
areas, 
Georgia 
buggy 
in 
other 
and 
the 
large 
location 
with 
a 
skid 
steer. 
Dirt 
will 
be 
compacted 
with 
walking 
plat 
compactor. 
Street 
will 
be 
cleaned 
up 
and 
kept 
tidy 
in 
the 
process 
of 
backfilling. 
Re-sod 
these 
locations 
has 
been 


included 
in 
this 
number. 


Sod 
4 
Bahia 
/ 
laid 
within 
24 
hours 
from 
Ocala. 
Aquagenix 
does 
not 
guarantee 
the 
sod. 
We 
suggest 
watering 
the 
new 
sod 
every 
day 
for 
at 
least 
two 
weeks 
for 
the 
roots 
to 
get 
established. 


CONCEALED 
OR 
UNKNOWN 
CONDITIONS: 
In 
preparing 
this 
proposal 
Barefoot 
Marine 
Construction 
has 
assumed 
there 
are 
no 
concealed 
or 
unknown 
physical 
conditions 
(subsurface 
or 
otherwise) 
which 
will 
adversely 
affect 
Barefoot 
Marine 
Construction 
ability 
to 
perform 
the 
scope 
of 
this 
proposal. 
If 
such 
conditions 
are 
encountered, 
Barefoot 
Marine 
Construction 
will 
immediately 
notify 
the 
owner 
in 
writing 
or 
email 
of 
adverse 
conditions 
and 
will 
be 
entitled 
to 
an 
adjustment 
of 
contract 
value, 
schedule, 
or 
both. 


Sod 
Replacement: 
$21,677.18 
Slope 
Repair: 
$47,530.00 


Erosion 
Repair: 
$13,016.43 


Total 
$82,223.61 



L4~ 


ope, 
Aquagenix 


y 
A 
DCS 
Company 


DaANIGELO 
| 


CONTRACTING 
SERVICES 


CONTRACT 
TERMS 


The 
terms 
of 
this 
Agreement 
shall 
be 
continuous 
without 
interruption 
until 
the 
project 
is 
completed 
or 
this 
Agreement 
is 
terminated 
as 
provided 
for 
below. 
Contract 
addendum(s) 
may 
alter 
or 
change 
these 
terms 
and 
conditions. 


Safety: 
DeAngelo 
Contracting 
Services 
agrees 
to 
furnish 
for 
use 
in 
inspecting 
and 
treating 
agreed 
to 
bodies 
of 
water 
all 
appropriate 
equipment 
and 
products, 
which 
in 
its 
sole 
discretion 
will 
provide 
safe 
and 
effective 
results 
for 
the 
specific 
site(s) 
following 
Florida 
law, 
rules, 
regulations 
and 
BMP 
-Best 
Management 
Practices 
for 
aquatics. 


Insurance: 
DeAngelo 
Contracting 
Services 
agrees 
to 
maintain 
the 
following 
insurance 
coverage: 
Worker's 
Compensation, 
General 
Liability, 
Automobile 
Liability, 
Property 
and 
Casualty, 
Excess 
Liability 
and 
Business 
Interruption 
Coverage. 
Upon 
written 
request, 
CUSTOMER 
may 
be 
listed 
as 
an 
"Additional 
Insured" 
at 
no 
extra 
charge. 
A 
Certificate 
of 
Insurance 
will 
be 
provided 
at 
the 


CUSTOMER's 
request. 
Address 
Change: 
If 
DeAngelo 
Contracting 
Services 
or 
CUSTOMER 
undergoes 
a 
change 
in 
address, 
notification 
to 
the 
other 
party 
shall 
be 
made 
by 


email, 
or 
first-class 
mail. 
Written 
instructions 
including 
the 
new 
address 
and 
telephone 
number 
will 
be 
enclosed 
in 
the 
notification. 
Management 
Change: 
If 
the 
CUSTOMER 
undergoes 
a 
change 
of 
management 
or 
personnel 
in 
governing 
and 
administering 
of 
the 
CUSTOMER, 
this 
Agreement 
will 
remain 
in 
place 
unless 
and 
until 
terminated 
in 
accordance 
with 
Paragraph 
11. 
It 
is 
the 
responsibility 
of 
the 
CUSTOMER 
to 
notify 
DeAngelo 
Contracting 
Services 
of 
any 
management 
or 
personnel 
change 
by 
email 
or 
first-class 
mail. 


Customer 
is 
responsible 
for 
all 
invoices 
and 
past 
due 
amounts 
plus 
interest 
shall 
any 
invoice 
become 
past 
due 
because 
of 
said 
management 
changes. 
Schedule 
of 
Payment 
and 
Penalties 
for 
past 
due 
invoices: 


CUSTOMER 
will 
be 
invoiced 
upon 
completion 
of 
the 
special 
service 
agreement 
and 
agrees 
to 
pay 
DeAngelo 
Contracting 
Services 
within 
thirty 
(30) 
days 
after 
date 
of 
invoice 
at 
the 
DCS 
home 
office 
at 
100 
N. 
Conahan 
Drive, 
Hazleton, 
PA, 
18201. 
Failure 
to 
pay 
the 
invoiced 
amount 
when 
due 
shall 
constitute 
a 
default 
under 
this 
Agreement 
and 
will 
result 
in 
customer 
becoming 
responsible 
for 
all 
charges 
that 
are 
necessary 
to 
collect 
the 
full 
amount 
of 
the 
invoice 
plus 
said 
necessary 
collection 
charges. 


Default: 
If 
CUSTOMER 
defaults 
on 
any 
provision 
of 
this 
Agreement, 
CUSTOMER 
hereby 
agrees 
that 
DeAngelo 
Contracting 
Services 
may, 
at 
its 
sole 
discretion, 
seek 
any 
or 
all 
the 
following 
remedies: 


a. 
Termination 
of 
this 
Agreement. 
In 
this 
event, 
CUSTOMER 
agrees 
to 
make 
immediate 
payment 
of 
the 
total 
contract 
amount 
through 
the 
end 
of 
its 
term 
(less 
previously 
paid 
payments) 
as 
liquidated 
and 
agreed 
upon 
damage. 
b. 
Filing 
of 
a 
mechanics 
lien 
on 
property 
for 
all 
monies 
due 
plus 
interest, 
DeAngelo 
Contracting 
Services 
costs 
and 
attorney9s 
fees 
incurred 
by 
DeAngelo 
Contracting 
Services. 
Termination 
Procedure: 
This 
Agreement 
may 
be 
terminated 
by 
either 
party 
with 
thirty 
(30) 
days 
written 
notice. 
Notification 
must 
be 
sent 
by 
certified 
mail, 


return 
receipt 
requested, 
to 
DeAngelo 
Contracting 
Services, 
527 
South 
Church 
St, 
Hazleton, 
PA 
18201. 
"Date 
of 
Termination" 
will 
be 
defined 
as: 
one 
(1) 
month 
after 
the 
last 
day 
of 
the 
month 
in 
which 
"Notice 
of 
Cancellation" 
was 
received 
by 
DeAngelo 


Contracting 
Services 
in 
accordance 
with 
paragraph 
10 


a. 
Ifyour 
account 
is 
not 
settled 
in 
full 
at 
the 
same 
time 
as 
your 
cancellation 
letter 
is 
received, 
DCS 
will 
continue 
to 
bill 
you 
until 
the 
contract 
expires. 
Settlement 
in 
full 
includes 
payment 
for 
one 
month9s 
service 
after 
the 
end 
of 
the 
month 
in 
which 
the 
cancellation 
letter 
is 
received 
by 
DCS. 
b. 
Payment 
in 
full 
shall 
be 
defined 
as 
payment 
to 
DCS 
through 
the 
effective 
"Date 
of 
Termination" 
as 
determined 
by 
the 
procedure 
outlined 
above 
in 
section 
10 
of 
this 
contract. 

4~ 


=, 
Aquagenix 


ees 
A 
DCS 
Company 


[OEANIGELO) 


CONTRACTING 
SERVICES 


8. 
OTHER 
ITEMS: 
a. 
Work 
or 
other 
expenses 
related 
to 
request(s) 
by 
CUSTOMER 
for 
services 
that 
are 
not 
specified 
in 
this 
contract 
will 
require 
a 
signed 
Special 
Service 
Agreement 
(SSA) 
detailing 
the 
requested 
additional 
services 
and 
associated 
costs 
before 
work 
may 
begin. 
This 
SSA 
will 
be 
invoiced 
separately 
upon 
completion 
of 
the 
work 
detailed 
in 
the 
SSA. 
b. 
DeAngelo 
Contracting 
Services 
reserves 
the 
right, 
under 
special 
circumstances, 
to 
initiate 
surcharges 
relating 
to 
extraordinary 
price 
increases 
of 
any 
products. 
C: 
Customer 
agrees 
to 
notify 
and 
locate 
for 
company 
any 
private 
in 
ground 
utilities 
or 
structures. 
If 
customer 
does 
not 
notify 
and 
locate 
for 
company 
private 
in 
ground 
utilities 
or 
structures, 
company 
is 
not 
responsible 
for 
damages 
to 
said 
utilities 
or 
structures. 
Company 
will 
have 
public 
in 
ground 
utilities 
located 
through 
811. 
d. 
DeAngelo 
Contracting 
Services 
will 
make 
every 
attempt 
to 
protect 
all 
work 
areas 
from 
excess 
damage 
and 
wear 
and 
tear. 
Minor 
cosmetic 
damage 
may 
occur 
that 
given 
time 
will 
return 
to 
pre 
work 
condition. 


9. 
Contract 
Documents: 
This 
Agreement 
constitutes 
the 
entire 
Agreement 
of 
DeAngelo 
Contracting 
Services 
and 
the 
CUSTOMER. 
If 
any 
portion 
of 
this 
Agreement 
shall 
be 
held 
invalid 
or 
unenforceable, 
the 
remaining 
portions 
of 
this 
Agreement 
shall 
be 
binding 
upon 
both 
parties. 
No 
oral 
or 
written 
modification 
of 
the 
terms 
contained 
herein 
shall 
be 
valid 
unless 
made 
in 
writing 
and 
accepted 
by 
an 
authorized 
agent 
of 
both 
DeAngelo 
Contracting 
Services 
and 
CUSTOMER. 


DeKngelo 
Contracting 
Services 
CUSTOMER 


Julie 
Clements 


PRINT 
NAME 
PRINT 
NAME 


11/13/2023 


DATE 
DATE 


The 
offer 
contained 
in 
this 
Agreement 
is 
valid 
for 
thirty 
(30) 
days 
only 
and 
must 
be 
returned 
to 
our 
office 
for 
acceptance 
within 
that 
period. 
If 
not 
accepted 
within 
that 
time, 
the 
offer 
shall 
be 



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