TRADITION COMMUNITY DEVELOPMENT DISTRICTS 1-10 ST. LUCIE COUNTY REGULAR BOARD MEETING JANUARY 8, :00 A.M.

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1 TRADITION COMMUNITY DEVELOPMENT DISTRICTS 1-10 ST. LUCIE COUNTY REGULAR BOARD MEETING JANUARY 8, :00 A.M. Special District Services, Inc. The Oaks Center 2501A Burns Road Palm Beach Gardens, FL Telephone 877.SDS.4922 Toll Free Facsimile

2 AGENDA TRADITION COMMUMITY DEVELOPMENT DISTRICT NOS Tradition Town Hall SW Civic Lane Port St. Lucie, Florida REGULAR BOARD MEETING January 8, :00 a.m. A. Call to Order B. Proof of Publication...Page 1 C. Introduction and Seating of New s D. Administer Oaths of Office and Review Responsibilities and Duties E. Establish Quorums F. Election of Officers Tradition Community Development District No. 3 Tradition Community Development District No. 4 Tradition Community Development District No. 6 G. Consider Resolutions Designating the Officers of Tradition Community Development District Nos Page 3 H. Additions or Deletions to Agenda I. Comments from the Public for Items Not on the Agenda J. Approval of Minutes 1. November 13, 2018 Regular Board Meeting...Page 4 2. November 30, 2018 District No. 5 Special Meeting...Page 9 K. Consent Items 1. Consider Approval of DE 1 WA# S Tradition Assisted Living Facility...Page 10 L. Old Business 1. Introduction of Special District Services, Inc. Staff 2. Introduction of Castle Management Staff M. New Business 1. Consider Resolutions No Establishing a District Checking Account for Tradition Community Development District Nos Page Consider Resolutions No Adopting a Legal Defense Policy Tradition Community Development District Nos Page Consider Resolutions Designating a Local District Records Office for Tradition Community Development District Nos Page 17 N. Administrative Matters 1. Manager s Report

3 2. Attorney s Report 3. Financial Report 4. Field Report 5. Founder s Report O. Comments P. Adjourn

4 St. Lucie News-Tribune 1939 SE Federal Highway, Stuart, FL AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF ST. LUCIE Before the undersigned authority personally appeared, Natalie Zollar, who on oath says that she is Classified Inside Sales Manager of the St. Lucie News-Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida: that the attached copy of advertisement was published in the St. Lucie News-Tribune in the following issues below. Affiant further says that the said St Lucie News-Tribune is a newspaper published in Fort Pierce, in said St. Lucie County, Florida, and that said newspaper has heretofore been continuously published in said St. Lucie County, Florida, daily and distributed in St. Lucie County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The St. Lucie News-Tribune has been entered as Periodical Matter at the Post Offices in Fort Pierce, St. Lucie County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Ad Number Copyline PO # TRADITION COMM DEV DIST # TRADITION CDD Pub Dates December 28, 2018 Sworn to and subscribed before me this day of, December 28, 2018, by, who is Natalie Zollar (X) personally known to me or ( ) who has produced as identification. Karol Kangas Notary Public Page 1

5 TRADITION COMMUNITY DEVELOPMENT DISTRICT NOS REVISED FISCAL YEAR 2018/2019 REGULAR BOARD MEETING SCHEDULE NOTICE IS HEREBY GIVEN that the Tradition Community Development District Nos ( Districts ) will conduct Regular Board Meetings of the Board of Supervisors ( Board ) for the purpose of conducting the business of the Districts that may properly come before the Board. The following meetings will be held at 11:00 a.m. at SW Civic Lane, Port St. Lucie, Florida on the following dates: January 8, 2019 February 12, 2019 March 12, 2019 April 9, 2019 May 14, 2019 June 11, 2019 July 9, 2019 August 13, 2019 September 10, 2019 The Meetings are open to the public and will be conducted in accordance with the provisions of Florida law for community development districts. Meetings may be continued to a date, time and place to be specified on the record. A copy of the agenda for the Meetings may be obtained from the District Manager s office located at 2501A Burns Road, Palm Beach Gardens, Florida There may be occasions when one or more Supervisors will participate by telephone; therefore, a speaker telephone will be present at the meeting location so that any interested person may attend the meeting and be fully informed of the discussions taking place. Any person requiring special accommodations at these Meetings because of a disability or physical impairment should contact the District Office at and/or toll free at at least five calendar days prior to the Meeting. If you are hearing or speech impaired, please contact the Florida Relay Service at , who can aid you in contacting the District Office. Each person who decides to appeal any action taken at a Meeting is advised that they 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. Meetings may be cancelled from time to time without advertised notice. TRADITIONCOMMUNITY DEVELOPMENT DISTRICT NOS Pub Dec 28th 2018 TCN Page 2

6 RESOLUTION A RESOLUTION OF THE BOARD OF SUPERVISORS DESIGNATING THE OFFICERS OF TRADITION COMMUNITY DEVELOPMENT DISTRICT 1, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Tradition Community Development District 1 (the District ), is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statues, being situated entirely within the St. lucie County, Florida; and WHEREAS, the initial supervisors have taken and subscribed to the oath of office per F.S (4); and WHEREAS, the Board of Supervisors (hereinafter the Board ) now desires to organize by designating the Officers of the District per F.S (6). NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF TRADITION COMMUNITY DEVELOPMENT DISTRICT 1: 1. The following persons are elected to the offices shown, to wit: Chairman Vice-Chairman Secretary Treasurer Assistant Treasurer Assistant Secretary Assistant Secretary Assistant Secretary 2. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED THIS 8 th DAY OF JANUARY, ATTEST: TRADITION COMMUNITY DEVELOPMENT DISTRICT 1 Secretary / Assistant Secretary Chairman Page 3

7 TRADITION COMMUNITY DEVELOPMENT DISTRICT NO S Board of Supervisors Meeting - Minutes Tuesday, November 13, :00 A.M SW Civic Lane Port St. Lucie, FL MINUTES OF MEETING Present: Greg Pettibon Catherine Dahl David Russo Ashley Garcia Donna Selquist Carol Christiansen Rick Dufour Gail Cost Norm Ytkin Robert Siedlecki Geof Hoge Lisa Crovato Cathy Powers Frank Webster Rick Dixon Chris King Mary Milmore Jerry Krbec Luis Pagan Tom Battaglia Also present were: Dan Harrell Gonano & Harrell Bob Lawson Arcadis Kim Leser Arcadis Hank Fishkind Fishkind & Associates Alan Mishlove Fishkind & Associates Angela Shepherd Fishkind & Associates John Gallagher Fishkind & Associates Pete Pimentel SDS Tradition Residents, Other Attendees - Please see attached sign-in sheet Page 4

8 TRADITION COMMUNITY DEVELOPMENT DISTRICT NO S FIRST ORDER OF BUSINESS Call to Order and Roll Call - CDD Nos Mr. Pimentel called the meeting of District Nos to order. Roll call was taken, and quorums were confirmed for all Districts. The persons in attendance are as outlined above. After leading the meeting with in the Pledge of Allegiance, Mr. Pimentel turned the meeting over to Mr. Pettibon. SECOND ORDER OF BUSINESS Consideration of Ms. Ingber s Resignation District Nos. 1, 2 & 7-10, Seat No. 3 & Appointment of Steven Kalberer ON MOTION by Mr. Pettibon, seconded by Ms. Dahl, with all in favor, the Board of Supervisors of Tradition Community Development Districts Nos. 1, 2 & 7-10 acknowledged Ms. Ingber s resignation and appointment of Mr. Kalberer. THIRD ORDER OF BUSINESS Consideration of Confirming and Ratifying Current Board Organization District Nos. 1, 2 & 7-10 ON MOTION by Mr. Pettibon, seconded by Ms. Dahl, with all in favor, the Board of Supervisors of Tradition Community Development Districts Nos. 1, 2 & 7-10 agreed to leave Boards as currently organized. FOURTH ORDER OF BUSINESS Consideration of 10/9/18, 10/22/18 & 10/31/18 Meeting Minutes ON MOTION by Mr. Pettibon, seconded by Ms. Dahl, with all in favor, the Board of Supervisors of Tradition Community Development Districts Nos approved the October 9, 2018 meeting minutes. ON MOTION, by Mr. Pettibon, seconded by Ms. Dahl, with all in favor the Board of Supervisors of Tradition Community Development District Nos approved the October 22, 2018 meeting minutes, reflective of the correction noted by Mr. Webster. ON MOTION by Mr. Pettibon, seconded by Ms. Dahl, with all in favor, the Board of Supervisors of Tradition Community Development Districts Nos approved the October 31, 2018 meeting minutes. FIFTH ORDER OF BUSINESS Consideration of October 11, 2018 Meeting Minutes District No. 6 ON MOTION by Mr. Pagan, seconded by Mr.Krbec, with all in favor, the Board of Supervisors of Tradition Community Development District No. 6 approved the October 11, 2018 meeting minutes. Page 5

9 TRADITION COMMUNITY DEVELOPMENT DISTRICT NO S SIXTH ORDER OF BUSINESS Consideration of Resolution No ON MOTION by Mr. Pettibon, seconded by Ms. Dahl, with all in favor, the Board of Supervisors of Tradition Community Development Districts Nos approved Resolution No SEVENTH ORDER OF BUSINESS Consideration of Resolution No ON MOTION by Mr. Pettibon, seconded by Ms. Dahl, with all in favor, the Board of Supervisors of Tradition Community Development Districts Nos approved Resolution No EIGHTH ORDER OF BUSINESS Statement of Financial Position Presented by Mr. Mishlove. A summary was provided of the materials included in the agenda package if there are any questions, Supervisors may contact Mr. Mishlove directly. NINTH ORDER OF BUSINESS Staff Reports Managers Report Mr. Pimentel advised that staff will be moving forward with a Request For Qualifications for District Engineering services. Mr. Pimentel also advised that SDS will be introducing new CDD management staff at upcoming CDD meeting, and staff is currently working on establishing onsite office. Mr. Pimentel asked Mr. Pettibon if the Board would like to formally adjust the meeting time to 11:30AM moving forward. ON MOTION by Mr. Pettibon, seconded by Ms. Dahl, with all in favor, the Board of Supervisors of Tradition Community Development Districts Nos approved the meeting time change to 11:30 AM. Founders Report Mr. Palumbo reported that Master HOA is meeting with Home Town Communications in advance of the upcoming HOA Board meeting. Ms. Selquist asked about the outcome of the 10/16 lake maintenance meeting Mr. Palumbo reported that Ms. Milmore had been asked to meet with lake maintenance contractor and a local environmentalist (Ed Weinberg) to review the proposed chemicals to be used in the routine lake maintenance, and to establish a process for monitoring moving forward. Ms. Milmore will share notes from meeting with Mr. Pettibon to approve for distribution to board. Mr. Palumbo also reported that the HOA will be holding quarterly meetings in Attorney's Report No items. Page 6

10 TRADITION COMMUNITY DEVELOPMENT DISTRICT NO S Engineer's Report No Items. Supervisors Requests Questions were asked about status on fishing and boating enforcement in CDD lakes Mr. Palumbo acknowledged the concerns on this issue but noted that the Developer does not want this enforcement to be on CDD or HOA and wants the residents to be able to enjoy the lakes. Counsel is working on definition of recreational use. Audience Comments Concerns noted related to chemicals being used in lake maintenance, traffic circles, irrigation rates. Developer acknowledged concerns related to irrigation and advised that a rate study has been approved. FIFTH ORDER OF BUSINESS Adjournment On MOTION, by Mr. Pettibon and seconded by Ms. Dahl, with all in favor, the Board of Supervisors of Tradition Community Development District No s adjourned. Secretary/Assistant Secretary Chairman/Vice Chairman Tradition Community Development District No. 1, 2 &7-10 Secretary/Assistant Secretary Chairman/Vice Chairman Tradition Community Development District No. 2 Secretary/Assistant Secretary Chairman/Vice Chairman Tradition Community Development District No. 3 Page 7

11 TRADITION COMMUNITY DEVELOPMENT DISTRICT NO S Secretary/Assistant Secretary Chairman/Vice Chairman Tradition Community Development District No. 4 Secretary/Assistant Secretary Chairman/Vice Chairman Tradition Community Development District No. 5 Secretary/Assistant Secretary Chairman/Vice Chairman Tradition Community Development District No. 6 Page 8

12 TRADITION COMMUNITY DEVELOPMENT DISTRICT NO. 5 Board of Supervisors Meeting - Minutes Friday, November 30, :00 P.M SW Civic Lane Port St. Lucie, FL MINUTES OF MEETING Present: Cathy Powers Rick Dixon Chris King Also present were: William DeBeck Frank Webster Angela Shepherd CDD No. 5 Resident CDD No. 5 Resident Fishkind & Associates FIRST ORDER OF BUSINESS Call to Order and Roll Call Ms. King called the meeting order. Roll call was taken, and a quorum was confirmed. Proof of notice of meeting was confirmed. SECOND ORDER OF BUSINESS Consideration of Appointment of Supervisors to Seat Nos. 1 & 5 ON MOTION by Mr. Dixon, seconded by Dr. Powers, with all in favor, the Board of Supervisors of Tradition Community Development District No. 5 approved appointment of Mr. DeBeck to Seat No. 1 and Mr. Webster to Seat No. 5. THIRD ORDER OF BUSINESS Board Organization Chair Dr. Powers, Vice Chair Ms. King, Secretary Mr. Webster.Ass t Secretary Mr. DeBeck and. Ass t Secretary Mr. Dixon FOURTH ORDER OF BUSINESS None. FIFTH ORDER OF BUSINESS Audience Comments Adjournment On MOTION, by Ms. King and seconded by Mr. Dixon, with all in favor, the Board of Supervisors of Tradition Community Development District No. 5 adjourned. Secretary/Assistant Secretary Chairman/Vice Chairman Tradition Community Development District No. 5 Page 9

13 Tradition Community Development District Item Board Agenda Item Tuesday, January 8, 2019 DE 1 WA# S Tradition Assisted Living Facility Summary Christ Fellowship Church has requested a Work Authorization to construct a 64 bed assisted living facility on the south 5.52 acres of Lot 5 as recorded on Tradition Plat 56. Lot 5 is acres in total and located in CDD 2 east of Battle Lake Drive (Fellowship Way) and just north of The Landings Commercial Center. The north 6.11 acres of Lot 5 will be developed at a later date. The proposed improvements will include utility installation, construction of associated parking and driveway connections to Battle Lake Drive (Fellowship Way) to service the building. The construction includes a dry storage area for water quality treatment prior to discharge through a 24 outfall connection to the B-Canal. Christ Fellowship Church has obtained a SFWMD permit for the proposed construction under Permit No P (Application No ) and the proposed improvements are consistent with the Policies and Procedures of the District. Recommendation Staff approval of WA# S with 6 conditions: Condition 1-This Work Authorization specifically excludes the development of the north 6.11 acres of Lot 5. A separate Work Authorization will be required for development of this area. Condition 2-Christ Fellowship shall be responsible for conditions of the Work Authorization until such time as a request for a transfer of work authorization is obtained. Condition 3-Dewatering discharge shall be contained on-site unless pre-authorization is obtained for off-site discharge. Condition 4-Applicant shall be responsible for restoration of existing B Canal bank impacted by this Project s construction. Condition 5-A new Work Authorization shall be obtained prior to subdivision of Lot 5. Condition 6-Applicant is advised that NPDES measures/bmp s shall be in place until construction is complete. Upon completion of construction, applicant shall submit engineer s certification and record drawings. Board Action Moved by: Seconded by: Action Taken: Page 10

14 Page 11 L24E L36A L36B M-1B M-1A L24D M-3B M-3A M-2B WMT-1-P72 M-5 M-6 L24B M-8 L24A L11-12D L11-12E L11-12B WMT-2-P52 L24C M-2A WMT-2-P72 L36C L36D L11-12C L11-12A L30B L30C L29B LCB4B ARCADIS U.S., Inc. L30A L29A LCB4A

15 RESOLUTION NO A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE TRADITION COMMUNITY DEVELOPMENT DISTRICT 1, AUTHORIZING THE ESTABLISHMENT OF A DISTRICT CHECKING/OPERATING ACCOUNT, DESIGNATING DISTRICT OFFICIALS AND/OR AUTHORIZED STAFF TO REVIEW, APPROVE AND ISSUE PAYMENT OF EXPENDITURES, SELECTING THE SIGNATORIES THEREOF; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The Tradition Community Development District 1 ("District") has established a District checking/operating account in order for the District to expend public funds of the District as authorized and required; and WHEREAS, the Board of Supervisors (the Board ) of the District shall designate authorized staff and/or District officials to approve expenditures, via electronic or non-electronic approval processes, from the checking/operating account; WHEREAS, the Board of the District has selected Todd Wodraska, Jason Pierman, Patricia LasCasas, B. Frank Sakuma and to serve as the signatories, as required, on the District checking/operating account; and WHEREAS, all resolutions or parts thereof of the District in conflict with the provisions contained herein are to the extent of any such conflict, hereby superseded and repealed. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE TRADITION COMMUNITY DEVELOPMENT DISTRICT 1, AS FOLLOWS: Section 1. The above recitals are hereby adopted. Section 2. Each expenditure from the checking/operating account will require a minimum of two (2) approvals and a designated member of the Board, by an electronic approval procedure, will have an opportunity to review the District s expenditure(s) prior to release of payment(s). Section 3. When necessary to write checks, the signatures of two (2) of the designated signatories named herein will be required on all District checks tendered from the District checking/operating account, as approved. PASSED, ADOPTED and becomes EFFECTIVE this 8 th day of January, ATTEST: TRADITION COMMUNITY DEVELOPMENT DISTRICT 1 By: Secretary/Assistant Secretary By: Chairperson/Vice Chairperson Page 12

16 RESOLUTION NO A RESOLUTION OF THE BOARD OF SUPERVISORS OF TRADITION COMMUNITY DEVELOPMENT DISTRICT 1 ( DISTRICT ) SETTING FORTH THE POLICY OF THE DISTRICT WITH REGARD TO THE SUPPORT AND LEGAL DEFENSE OF THE BOARD OF SUPERVISORS WHEREAS, the Board of Supervisors ( Board ) of Tradition Community Development District 1 ( District ) is constantly presented with the necessity for making decisions regarding various phases of District policy and management; and WHEREAS, it is essential to the effective operation of the District that such decisions be made in an environment where the threat of personal liability for the members of the Board and its officers is maintained at a minimum; and WHEREAS, the Board wishes to formalize a policy with regard to the support and legal protection of the Board and its officers so as to reduce the threat of personal liability to such individuals. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF TRADITION COMMUNITY DEVELOPMENT DISTRICT 1, AS FOLLOWS: Section 1. The above recitals are hereby adopted. Section 2. As set forth in this Resolution, the District, in accordance with Florida law, agrees that the following Board members and officers of the District shall be provided the benefit of the indemnification, hold harmless, support and legal defense provisions provided in this Resolution: (a) (b) All members of the Board of Supervisors, its officers, employees and agents, the District Manager and its employees, the District Legal Counsel, its Associates and employees, and the District Engineer and its employees (the Indemnitee ) Independent contractors except those identified in subsection (a) above, agents or persons shall not be so indemnified with respect to service to the District except to the extent permitted by law and authorized by a majority vote of the members of the District's Board. Section 3. As set forth in this Resolution and in accordance with Sections and , Florida Statutes, the District hereby agrees to provide legal representation to defend any and all civil actions, including federal civil rights and other federal civil claims, arising from a complaint for damages or injuries suffered as a result of any act or omission of action of any of the Indemnitees, present or former, arising out of and in the scope of his or her employment or function, unless, in the case of a tort action, the Indemnitee acted in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. Defense of such civil actions includes, but is not limited to, any civil rights lawsuit seeking relief personally against any of the above-listed Indemnitees for an act or omission under color of state law, custom or usage, wherein it is alleged that such officer or agent has deprived another person of rights secured under the Federal Page 13

17 Constitution or laws, including, by way of example, actions under 42 U.S.C or other federal statute. The District hereby further agrees to provide legal representation to defend against any other litigation arising against its Indemnitees from the performance of their official duties while serving a public purpose, including civil, administrative or criminal actions as permitted by law. By these provisions, the District does not waive any immunity from liability or limited waiver of such immunity as granted under Florida law. Rather, the District is stating that to the extent the state does not through its laws protect the Indemnitees from liability, it is committed to doing so to the extent described in this Resolution. Section 4. The District may insure itself in order to cover all reasonable costs and fees directly arising out of or in connection with any legal claim or suit which directly results from a decision or act made by an Indemnitee while performing the duties and functions of his or her position. Section 5. This Resolution is intended to evidence the District's support of Indemnitees who perform acts and render decisions in the good faith performance of their duties and functions. The District will neither support nor defend those actions or omissions committed by an individual outside the scope of his/her office or committed in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. In the event that the District has expended funds to provide an attorney to defend an Indemnitee who is found to be personally liable by virtue of actions outside the scope of his or her employment or function, or is found to have acted in bad faith, with malicious purpose, or in a manner exhibiting wanton disregard for human rights, safety, or property, the individual shall be required to reimburse the District for funds so expended. The District may recover such funds in a civil action against such individual. Section 6. The District agrees to pay any final judgment, including damages, fines, penalties or other damages, costs, and attorney's fees and costs, arising from any complaint for damages or injuries suffered as a result of any action or omission of action of any Indemnitee as described in Section 2 of this Resolution, in any civil action or civil rights law suit described in Section , Florida Statutes. If the action arises under Section , Florida Statutes, as a tort claim, the limitations and provisions of that section governing payment shall apply. If the action is a civil rights action arising under 42 U.S.C. 1983, or similar federal statutes, payment for the full amount of judgment may be made unless the individual has been determined in the final judgment to have caused the harm intentionally. The District agrees to pay any compromise or settlement of any claim or litigation described in this paragraph, provided, however, that the District determines such compromise or settlement to be in the District's best interests. Section 7. Payment of judgments or provision of legal representation pursuant to this Resolution is conditioned on the following as determined in the sole discretion of the District: (a) (b) The actions of the Indemnitee were within the scope of his or her duties and authority; and The acts or omissions of the Indemnitee did not constitute bad faith, malicious purpose, intentional infliction of harm, or were not done in a manner exhibiting wanton and willful disregard of human rights, safety, or property; and Page 14

18 (c) The Indemnitee did not receive any financial profit or advantage to which he or she was not legally entitled; and (d) (e) A copy of the summons, complaint, notice, demand letter, or other document or pleading in the action, or a letter setting forth the substance of any claim or complaint was delivered to the District Chairman, Vice Chairman, District Manager, or District Attorney within fourteen (14) calendar days after actual receipt of any such document together with a specific request in writing that the District defend or provide representation for the Indemnitee; and The Indemnitee cooperates continuously and fully with the District in the defense of the action. Section 8. Any indemnification, legal defense or other protection provided pursuant to this representation shall not extend to: (a) (b) (c) (d) Consulting or other outside professional or business activities for which the Indemnitee received financial or other material compensation, which are outside the scope of his or her District duties and authority; and Any independent contractor for whom defense or indemnification is not authorized pursuant to Section 2(b) of this Resolution; and Any fine, penalty or other punishment imposed as a result of conviction for a criminal offense, and any legal fees and costs incurred to defend criminal prosecution in which a conviction is obtained. Any indemnification or defense prohibited by law. Section 9. In the event legal representation or defense is provided pursuant to this Resolution, the Indemnitee may either: (a) (b) Retain legal counsel appointed by the District, in which case legal counsel shall be paid directly by the District; or Retain legal counsel chosen by the Indemnitee, in which case the District shall have the right to: (i) (ii) (iii) (iv) Approve, in advance, any agreement for legal fees or disbursements; and Pay all or part of the legal fees, costs and other disbursements and to set a maximum for legal fees, costs and other disbursements; and Direct the defense and settle or compromise the action or claim; and Any monies that may be payable by the District shall be reduced or offset by any court costs or attorneys fees awarded to the Indemnitee. Page 15

19 Section 10. The benefits of the policy adopted in this Resolution shall not enlarge the rights that would have been available to any third-party plaintiff or claimant in the absence of this policy. Section 11. To the extent permitted by law, this policy shall inure to the benefit of the heirs, personal representatives, and estate of the Indemnitee. Section 12. The District reserves the right to change, modify or withdraw this Resolution in its sole discretion, except as to actions, demand or other claims based on acts or omissions which occurred before the effective change, modification or withdrawal of this Resolution. Section 13. This Resolution shall apply as of the date hereof for any acts or omissions that occur after the effective date hereof. Section 14. This Resolution shall supersede and replace any previously adopted resolution that may be in conflict. PASSED, ADOPTED and EFFECTIVE this 8 th day of January, ATTEST: TRADITION COMMUNITY DEVELOPMENT DISTRICT 1 Secretary/Assistant Secretary Chairperson/Vice Chairperson (District Seal) Page 16

20 RESOLUTION A RESOLUTION BY THE BOARD OF SUPERVISORS OF THE TRADITION COMMUNITY DEVELOPMENT DISTRICT 1 DESIGNATING THE LOCATION OF THE LOCAL DISTRICT RECORDS OFFICE AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Tradition Community Development District 1 (hereinafter the District ) is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated entirely within St. Lucie County, Florida; and WHEREAS, District records are available for public review and inspection at the offices of District Manager at 2501A Burns Road, Palm Beach Gardens, Florida 33410; and WHEREAS, the District is statutorily required to designate a local district records office location for the purposes of affording citizens the ability to access the District s records, promoting the disclosure of matters undertaken by the District, and ensuring that the public is informed of the activities of the District in accordance with Section (7), Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE TRADITION COMMUNITY DEVELOPMENT DISTRICT 1: 1. The District s local records office shall be the Offices of the District at SW Tradition Square, Port St. Lucie, FL This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 8 TH DAY OF JANUARY, ATTEST: TRADITION COMMUNITY DEVELOPMENT DISTRICT 1 SECRETARY/ASSISTANT SECRERARY CHAIRMAN Page 17