AGREEMENT BETWEEN THE ROLLING HILLS COMMUNITY 

DEVELOPMENT DISTRICT AND SLIDE GUYS RESTORATION, INC., 

 

 THIS AGREEMENT (“Agreement”) is made and entered into this ___ day of February, 2026, 
by and between: 

 

Rolling Hills Community Development District, a local unit of special-purpose 
government established pursuant to Chapter 190, Florida Statutes, being situated 
in Clay County, Florida, and whose mailing address is 475 West Town Place, Suite 
114, St. Augustine, Florida 32092 (“District”); and 

 

Slide Guys Restoration, Inc., a Michigan corporation, with a mailing address of 
4342 Old M51, Croswell, MI 48422 ("Contractor", together with District, 
“Parties”). 

 

RECITALS 

 

 WHEREAS, the District is a local unit of special-purpose government established pursuant 
to the Uniform Community Development District Act of 1980, as codified in Chapter 190, Florida 
Statutes (the "Act"); and 

 

WHEREAS, the District was established for the purpose of planning, financing, 
constructing, operating and/or maintaining certain infrastructure; and 

 

 WHEREAS, the District has a need to retain an independent contractor to provide slide 
restoration and repair services; and 

 

 WHEREAS, Contractor submitted a proposal and represents that it is qualified to provide 
slide restoration and repair services and has agreed to provide to the District those services 
identified in Exhibit A, attached hereto and incorporated by reference herein (“Services”); and 

 

 WHEREAS, the District and Contractor warrant and agree that they have all right, power 
and authority to enter into and be bound by this Agreement. 

 

 NOW, THEREFORE, in consideration of the recitals, agreements, and mutual covenants 
contained herein, and other good and valuable consideration, the receipt and sufficiency of which 
are hereby acknowledged by the Parties, the Parties agree as follows: 

 

 SECTION 1. INCORPORATION OF RECITALS. The recitals stated above are true and 
correct and by this reference are incorporated by reference as a material part of this Agreement. 

 

SECTION 2. DUTIES. The District agrees to use Contractor to provide the Services in 
accordance with the terms of this Agreement. The duties, obligations, and responsibilities of the 
Contractor are described in Exhibit A hereto. 

 

A. Contractor shall provide slide tower repair services, as described in Exhibit A. The 

13th 


Services shall include any effort specifically required by this Agreement and 
Exhibit A reasonably necessary to allow the District to receive the maximum 
benefit of all of the Services and items described herein and demonstrated in 
Exhibit A, including but not limited to, the repair, construction, installation, and 
all materials reasonably necessary. To the extent any of the provisions of this 
Agreement are in conflict with the provisions of Exhibit A, this Agreement 
controls. 

 

B. Contractor shall work with the District to complete the Services on an expedited 
basis. 

 

C. This Agreement grants to Contractor the right to enter the lands that are subject to 
this Agreement, for those purposes described in this Agreement, and Contractor 
hereby agrees to comply with all applicable laws, rules, and regulations. 

 

D. Contractor shall perform all Services in a neat and workmanlike manner. In the 
event the District in its sole determination, finds that the work of Contractor is not 
satisfactory to District, District shall have the right to immediately terminate this 
Agreement and will only be responsible for payment of work satisfactorily 
completed and for materials actually incorporated into the Services. 

 

E. Contractor shall be solely responsible for the means, manner and methods by which 
its duties, obligations and responsibilities are met to the satisfaction of the District. 
While providing the Services, the Contractor shall assign such staff as may be 
required, and such staff shall be responsible for coordinating, expediting, and 
controlling all aspects to assure completion of the Services. 

 

F. Contractor shall report directly to the District Manager. Contractor shall use all 
due care to protect the property of the District, its residents and landowners from 
damage. Contractor agrees to repair any damage resulting from Contractor’s 
activities and work within twenty-four (24) hours. 

 

G. Contractor shall keep the premises and surrounding area free from accumulation of 
waste materials or rubbish caused by operations under the Agreement. At 
completion of the Services, the Contractor shall remove from the site waste 
materials, rubbish, tools, construction equipment, machinery and surplus materials. 
If the Contractor fails to clean up as provided herein, the District may do so and the 
cost thereof shall be charged to the Contractor. 

 

SECTION 3. COMPENSATION AND PAYMENT. 

 

 A. As compensation for the Services, Contractor shall be paid Fifty-One Thousand 
Dollars ($51,000.00). Payment shall be made 50% due upon commencement of the 
Services, and 50% due at completion of the Services. Such amounts include all 
materials and labor provided for in Exhibit A and all items, labor, materials, or 
otherwise, to provide the District the maximum benefits of the Services. 


 

 B. If the District should desire additional work or services, the Contractor agrees to 
negotiate in good faith to undertake such additional work or services. Upon 
successful negotiations, the Parties shall agree in writing to an addendum, addenda, 
or change order(s) to this Agreement. The Contractor shall be compensated for 
such agreed additional work or services based upon a payment amount acceptable 
to the parties and agreed to in writing. 

 

 C. The District may require, as a condition precedent to making any payment to the 
Contractor, that all subcontractors, material men, suppliers or laborers be paid and 
require evidence, in the form of lien releases or partial waivers of lien, to be 
submitted to the District by those subcontractors, material men, suppliers or 
laborers, and further require that the Contractor provide an Affidavit relating to the 
payment of said indebtedness. Further, the District shall have the right to require, 
as a condition precedent to making any payment, evidence from the Contractor, in 
a form satisfactory to the District, that any indebtedness of the Contractor, as to 
services to the District, has been paid and that the Contractor has met all of the 
obligations with regard to the withholding and payment of taxes, Social Security 
payments, Workmen’s Compensation, Unemployment Compensation 
contributions, and similar payroll deductions from the wages of employees. 

 

SECTION 4. WARRANTY. The Contractor warrants to the District that all materials 
furnished under this Agreement shall be new, and that all services and materials shall be of good 
quality, free from faults and defects, and will conform to the standards and practices for projects 
of similar design and complexity in an expeditious and economical manner consistent with the 
best interest of the District. Contractor further warrants the Services pursuant to the terms set forth 
in Exhibit A. Contractor shall replace or repair warranted items to the District’s satisfaction and 
in the District’s discretion. Neither final acceptance of the Services, nor final payment therefore, 
nor any provision of the Agreement shall relieve Contractor of responsibility for defective or 
deficient materials or Services. If any of the materials or Services are found to be defective, 
deficient or not in accordance with the Agreement, Contractor shall correct, remove and replace it 
promptly after receipt of a written notice from the District and correct and pay for any other 
damage resulting therefrom to District property or the property of landowner’s within the District. 
The warranty provided for in this agreement shall not apply if a defect in the work is the result of 
the District’s failure to adequately perform reasonable maintenance on the slide tower. 

 

 SECTION 5. INSURANCE. 

 

 A. The Contractor shall maintain throughout the term of this Agreement the 
following insurance: 

 

(1) Worker’s Compensation Insurance in accordance with the laws of 
the State of Florida. 

 

 (2) Commercial General Liability Insurance covering the Contractor’s 
legal liability for bodily injuries, with limits of not less than 


$1,000,000 combined single limit bodily injury and property 
damage liability, and covering at least the following hazards: 

 

 (i) Independent Contractors Coverage for bodily injury and 
property damage in connection with any subcontractors’ 
operation. 

 

 (3) Employer’s Liability Coverage with limits of at least $1,000,000 
(one million dollars) per accident or disease. 

 

 (4) Automobile Liability Insurance for bodily injuries in limits of not 
less than $1,000,000 combined single limit bodily injury and for 
property damage, providing coverage for any accident arising out of 
or resulting from the operation, maintenance, or use by the 
Contractor of any owned, non-owned, or hired automobiles, trailers, 
or other equipment required to be licensed. 

 

B. The District, its staff, consultants and supervisors shall be named as 
additional insured. The Contractor shall furnish the District with the 
Certificate of Insurance evidencing compliance with this requirement. No 
certificate shall be acceptable to the District unless it provides that any 
change or termination within the policy periods of the insurance coverage, 
as certified, shall not be effective within thirty (30) days of prior written 
notice to the District. Insurance coverage shall be from a reputable 
insurance carrier, licensed to conduct business in the State of Florida. 

 

C. If the Contractor fails to have secured and maintained the required 
insurance, the District has the right but not the obligation to secure such 
required insurance in which event the Contractor shall pay the cost for that 
required insurance and shall furnish, upon demand, all information that may 
be required in connection with the District’s obtaining the required 
insurance. 

 

 SECTION 6. INDEMNIFICATION. 

 

A. Contractor agrees to defend, indemnify, and hold harmless the District and its officers, 
agents, employees, successors, assigns, members, affiliates, or representatives from 
any and all liability, claims, actions, suits, liens, demands, costs, interest, expenses, 
damages, penalties, fines, judgments against the District, or loss or damage, whether 
monetary or otherwise, arising out of, wholly or in part by, or in connection with the 
Services to be performed by Contractor, its subcontractors, its employees and agents in 
connection with this Agreement, including litigation, mediation, arbitration, appellate, 
or settlement proceedings with respect thereto. Additionally, nothing in this Agreement 
requires Contractor to indemnify the District for the District’s percentage of fault if the 
District is adjudged to be more than 50% at fault for any claims against the District and 
Contractor as jointly liable parties; however, Contractor shall indemnify the District for 



any and all percentage of fault attributable to Contractor for claims against the District, 
regardless whether the District is adjudged to be more or less than 50% at fault. 


 

B. Obligations under this section shall include the payment of all settlements, judgments, 
damages, liquidated damages, penalties, forfeitures, back pay awards, court costs, 
arbitration and/or mediation costs, litigation expenses, attorneys’ fees, paralegal fees, 
expert witness fees (incurred in court, out of court, on appeal, or in bankruptcy 
proceedings), any interest, expenses, damages, penalties, fines, or judgments against 
the District. 


 

 SECTION 7. LIMITATIONS ON GOVERNMENTAL LIABILITY. Nothing in this Agreement 
shall be deemed as a waiver of the District’s sovereign immunity or the District’s limits of liability 
as set forth in Section 768.28, Florida Statutes, or other statute, and nothing in this Agreement 
shall inure to the benefit of any third party for the purpose of allowing any claim which would 
otherwise be barred under such limitations of liability or by operation of law. 

 

 SECTION 8. COMPLIANCE WITH GOVERNMENTAL REGULATION. The Contractor shall 
keep, observe, and perform all requirements of applicable local, State, and Federal laws, rules, 
regulations, or ordinances. If the Contractor fails to notify the District in writing within five (5) 
days of the receipt of any notice, order, required to comply notice, or a report of a violation or an 
alleged violation, made by any local, State, or Federal governmental body or agency or subdivision 
thereof with respect to the services being rendered under this Agreement or any action of the 
Contractor or any of its agents, servants, employees, or materialmen, or with respect to terms, 
wages, hours, conditions of employment, safety appliances, or any other requirements applicable 
to provision of services, or fails to comply with any requirement of such agency within five (5) 
days after receipt of any such notice, order, request to comply notice, or report of a violation or an 
alleged violation, the District may terminate this Agreement, such termination to be effective upon 
the giving of notice of termination. 

 

 SECTION 9. LIENS AND CLAIMS. The Contractor shall promptly and properly pay for 
all labor employed, materials purchased, and equipment hired by it to perform under this 
Agreement. The Contractor shall keep the District’s property free from any materialmen’s or 
mechanic’s liens and claims or notices in respect to such liens and claims, which arise by reason 
of the Contractor’s performance under this Agreement, and the Contractor shall immediately 
discharge any such claim or lien. In the event that the Contractor does not pay or satisfy such 
claim or lien within three (3) business days after the filing of notice thereof, the District, in addition 
to any and all other remedies available under this Agreement, may terminate this Agreement to be 
effective immediately upon the giving of notice of termination. 

 

SECTION 10. DEFAULT AND PROTECTION AGAINST THIRD PARTY INTERFERENCE. A 
default by either party under this Agreement shall entitle the other to all remedies available at law 
or in equity, which may include, but not be limited to, the right of damages, injunctive relief, and/or 
specific performance. The District shall be solely responsible for enforcing its rights under this 
Agreement against any interfering third party. Nothing contained in this Agreement shall limit or 
impair the District’s right to protect its rights from interference by a third party to this Agreement. 

 


SECTION 11. CUSTOM AND USAGE. It is hereby agreed, any law, custom, or usage to the 
contrary notwithstanding, that the District shall have the right at all times to enforce the conditions 
and agreements contained in this Agreement in strict accordance with the terms of this Agreement, 
notwithstanding any conduct or custom on the part of the District in refraining from so doing; and 
further, that the failure of the District at any time or times to strictly enforce its rights under this 
Agreement shall not be construed as having created a custom in any way or manner contrary to 
the specific conditions and agreements of this Agreement, or as having in any way modified or 
waived the same. 

 

SECTION 12. SUCCESSORS. This Agreement shall inure to the benefit of and be binding 
upon the heirs, executors, administrators, successors, and assigns of the Parties to this Agreement, 
except as expressly limited in this Agreement. 

 

 SECTION 13. TERMINATION. The District agrees that the Contractor may terminate this 
Agreement with cause by providing thirty (30) days’ written notice of termination to the District 
stating a failure of the District to perform according to the terms of this Agreement; provided, 
however, that the District shall be provided a reasonable opportunity to cure any failure under this 
Agreement. The Contractor agrees that the District may terminate this Agreement immediately 
for cause by providing written notice of termination to the Contractor. The District shall provide 
thirty (30) days’ written notice of termination without cause. Upon any termination of this 
Agreement, the Contractor shall be entitled to payment for all work and/or services rendered up 
until the effective termination of this Agreement, subject to whatever claims or off-sets the District 
may have against the Contractor. 

 

SECTION 14. PERMITS AND LICENSES. All permits and licenses required by any 
governmental agency directly for the District shall be obtained and paid for by the District. All 
other permits or licenses necessary for the Contractor to perform under this Agreement shall be 
obtained and paid for by the Contractor. 

 

 SECTION 15. ASSIGNMENT. Neither the District nor the Contractor may assign this 
Agreement without the prior written approval of the other. Any purported assignment without 
such approval shall be void. 

 

 SECTION 16. INDEPENDENT CONTRACTOR STATUS. In all matters relating to this 
Agreement, the Contractor shall be acting as an independent contractor. Neither the Contractor 
nor employees of the Contractor, if there are any, are employees of the District under the meaning 
or application of any Federal or State Unemployment or Insurance Laws or Old Age Laws or 
otherwise. The Contractor agrees to assume all liabilities or obligations imposed by any one or 
more of such laws with respect to employees of the Contractor, if there are any, in the performance 
of this Agreement. The Contractor shall not have any authority to assume or create any obligation, 
express or implied, on behalf of the District and the Contractor shall have no authority to represent 
the District as an agent, employee, or in any other capacity, unless otherwise set forth in this 
Agreement. 

 


 SECTION 17. HEADINGS FOR CONVENIENCE ONLY. The descriptive headings in this 
Agreement are for convenience only and shall neither control nor affect the meaning or 
construction of any of the provisions of this Agreement. 

 

 SECTION 18. ENFORCEMENT OF AGREEMENT. In the event that either the District or the 
Contractor is required to enforce this Agreement by court proceedings or otherwise, then the 
prevailing party shall be entitled to recover all fees and costs incurred, including reasonable 
attorneys' fees and costs for trial, alternative dispute resolution, or appellate proceedings. 

 

 SECTION 19. AGREEMENT. This instrument shall constitute the final and complete 
expression of this Agreement between the Parties relating to the subject matter of this Agreement. 
None of the provisions of Exhibit A shall apply to this Agreement and Exhibit A shall not be 
incorporated herein, except that Exhibit A is applicable to the extent that it states the scope of 
services for the labor and materials to be provided under this Agreement. 

 

 SECTION 20. AMENDMENTS. 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 Parties. 

 

 SECTION 21. AUTHORIZATION. The execution of this Agreement has been duly 
authorized by the appropriate body or official of the Parties, the Parties have complied with all the 
requirements of law, and the Parties have full power and authority to comply with the terms and 
provisions of this Agreement. 

 

 SECTION 22. NOTICES. All notices, requests, consents and other communications under 
this Agreement (“Notice” or "Notices") shall be in writing and shall be hand delivered, mailed by 
First Class Mail, postage prepaid, or sent by overnight delivery service, to the Parties, as follows: 

 

 A. If to District: Rolling Hills Community 

 Development District 

 475 West Town Place, Suite 114 

 St. Augustine, Florida 32092 

 Attn: District Manager 

 

With a copy to: Kutak Rock LLP 

 107 West College Avenue 

 Tallahassee, Florida 32301 

 Attn: District Counsel 

 

 B. If to the Contractor: Slide Guys Restoration, Inc. 

 4342 Old M51 

 Croswell, MI 48422 

Attn: Jordan Bakeman 

 

 Except as otherwise provided in this Agreement, any Notice shall be deemed received only 
upon actual delivery at the address set forth above. Notices delivered after 5:00 p.m. (at the place 
of delivery) or on a non-business day, shall be deemed received on the next business day. If any 


time for giving Notice contained in this Agreement would otherwise expire on a non-business day, 
the Notice period shall be extended to the next succeeding business day. Saturdays, Sundays, and 
legal holidays recognized by the United States government shall not be regarded as business days. 
Counsel for the District and counsel for the Contractor may deliver Notices on behalf of the District 
and the Contractor. Any party or other person to whom Notices are to be sent or copied may notify 
the Parties and addressees of any change in name or address to which Notices shall be sent by 
providing the same on five (5) days written notice to the Parties and addressees set forth in this 
Agreement. 

 

SECTION 23. THIRD PARTY BENEFICIARIES. This Agreement is solely for the benefit of 
the Parties hereto and no right or cause of action shall accrue upon or by reason, to or for the 
benefit of any third party not a formal party to this Agreement. Nothing in this Agreement 
expressed or implied is intended or shall be construed to confer upon any person or corporation 
other than the Parties hereto any right, remedy, or claim under or by reason of this Agreement or 
any of the provisions or conditions of this Agreement; and all of the provisions, representations, 
covenants, and conditions contained in this Agreement shall inure to the sole benefit of and shall 
be binding upon the Parties hereto and their respective representatives, successors, and assigns. 

 

 SECTION 24. CONTROLLING LAW AND VENUE. This Agreement and the provisions 
contained in this Agreement shall be construed, interpreted, and controlled according to the laws 
of the State of Florida. All actions and disputes shall be brought in the proper court and venue, 
which shall be Clay County, Florida. 

 

SECTION 25. COMPLIANCE WITH PUBLIC RECORDS LAWS. Contractor understands and 
agrees that all documents of any kind provided to the District in connection with this Agreement 
may be public records, and, accordingly, Contractor agrees to comply with all applicable 
provisions of Florida law in handling such records, including but not limited to Section 119.0701, 
Florida Statutes. Contractor acknowledges that the designated public records custodian for the 
District is Marilee Giles (“Public Records Custodian”). Among other requirements and to the 
extent applicable by law, the Contractor shall 1) keep and maintain public records required by the 
District to perform the service; 2) upon request by the Public Records Custodian, provide the 
District with the requested public records or allow the records to be inspected or copied within a 
reasonable time period at a cost that does not exceed the cost provided in Chapter 119, Florida 
Statutes; 3) ensure that public records which are exempt or confidential, and exempt from public 
records disclosure requirements, are not disclosed except as authorized by law for the duration of 
the contract term and following the contract term if the Contractor does not transfer the records to 
the Public Records Custodian of the District; and 4) upon completion of the contract, transfer to 
the District, at no cost, all public records in Contractor’s possession or, alternatively, keep, 
maintain and meet all applicable requirements for retaining public records pursuant to Florida 
laws. When such public records are transferred by the Contractor, the Contractor shall destroy any 
duplicate public records that are exempt or confidential and exempt from public records disclosure 
requirements. All records stored electronically must be provided to the District in a format that is 
compatible with Microsoft Word or Adobe PDF formats. 

 

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE 
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO 


THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC 
RECORDS RELATING TO THIS CONTRACT, CONTACT THE 
CUSTODIAN OF PUBLIC RECORDS AT (904) 940-5850, 
MGILES@GMSNF.COM, AND 475 WEST TOWN PLACE, 
SUITE 114, ST. AUGUSTINE, FLORIDA 32092. 

 

 SECTION 26. SEVERABILITY. The invalidity or unenforceability of any one or more 
provisions of this Agreement shall not affect the validity or enforceability of the remaining 
portions of this Agreement, or any part of this Agreement not held to be invalid or unenforceable. 

 

SECTION 27. ARM’S LENGTH TRANSACTION. This Agreement has been negotiated fully 
between the Parties as an arm's length transaction. The Parties participated fully in the preparation 
of this Agreement with the assistance of their respective counsel. In the case of a dispute 
concerning the interpretation of any provision of this Agreement, the Parties are each deemed to 
have drafted, chosen, and selected the language, and any doubtful language will not be interpreted 
or construed against any party. 

 

 SECTION 28. COUNTERPARTS. This Agreement may be executed in any number of 
counterparts, each of which when executed and delivered shall be an original; however, all such 
counterparts together shall constitute, but one and the same instrument. Additionally, the Parties 
acknowledge and agree that the Agreement may be executed by electronic signature, which shall 
be considered as an original signature for all purposes and shall have the same force and effect as 
an original signature. Without limitation, “electronic signature” shall include faxed versions of an 
original signature, electronically scanned and transmitted versions (e.g. via PDF) of an original 
signature, or signatures created in a digital format. 

 

 SECTION 29. E-VERIFY. The Contractor shall comply with and perform all applicable 
provisions of Section 448.095, Florida Statutes. Accordingly, to the extent required by Florida 
Statute, Contractor shall register with and use the United States Department of Homeland 
Security’s E-Verify system to verify the work authorization status of all newly hired employees. 
The District may terminate this Agreement immediately for cause if there is a good faith belief 
that the Contractor has knowingly violated Section 448.091, Florida Statutes. By entering into 
this Agreement, the Contractor represents that no public employer has terminated a contract with 
the Contractor under Section 448.095(2)(c), Florida Statutes, within the year immediately 
preceding the date of this Agreement. 

 

 SECTION 30. COMPLIANCE WITH SECTION 20.055, FLORIDA STATUTES. The Contractor 
agrees to comply with Section 20.055(5), Florida Statutes, to cooperate with the inspector general 
in any investigation, audit, inspection, review, or hearing pursuant such section and to incorporate 
in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. 

 


IN WITNESS WHEREOF, the parties hereto have signed this Agreement on the day and 
year first written above. 

 

 ROLLING HILLS COMMUNITY 

 DEVELOPMENT DISTRICT 

 

 

 

 __________________________________________ 

 Chairperson, Board of Supervisors 

 

 

 SLIDE GUYS RESTORATION, INC. 

 

 

 

 _______________________________________ 

 By:____________________________________ 

 Its:_______________________________________ 

 

 

Exhibit A: Scope of Services 

 

Owner 
Jordan Bakeman Signature - Jordan Bakeman

Signature - David Church


Exhibit A 

Scope of Services 

 


 


 


 


AGREEMENT BETWEEN THE ROLLING HILLS COMMUNITY 

DEVELOPMENT DISTRICT AND ROCKIN’ P FENCING & MORE LLC 

FOR FENCE INSTALLATION SERVICES 

 

 THIS AGREEMENT (“Agreement”) is made and entered into this 9th day of December 
2025, by and between: 

 

ROLLING HILLS COMMUNITY DEVELOPMENT DISTRICT, a local unit of specialpurpose 
government established pursuant to Chapter 190, Florida Statutes, being 
situated in Clay County, Florida, and whose mailing address is 475 West Town 
Place, Suite 114, St. Augustine, Florida 32092 (“District”); and 

 

ROCKIN’ P FENCING & MORE LLC, a Florida limited liability company with a 
mailing address of 2760 Windemere Court, Middleburg, Florida 32068 
(“Contractor”, and together with the District, “Parties”). 

 

RECITALS 

 

 WHEREAS, the District is a local unit of special-purpose government established pursuant 
to the Uniform Community Development District Act of 1980, as codified in Chapter 190, 
Florida Statutes, by ordinance adopted by Clay County, Florida; and 

 

WHEREAS, the District was established for the purpose of planning, financing, 
constructing, operating and/or maintaining certain infrastructure; and 

 

 WHEREAS, the District has a need to retain an independent contractor to provide fence 
installation services for the District’s playground area, pool, and tennis courts; and 

 

 WHEREAS, Contractor submitted two proposals and represents that it is qualified to 
provide fence installation services and has agreed to provide to the District those services 
identified in Exhibit A and Exhibit B attached hereto (“Services”); and 

 

 WHEREAS, the District and Contractor warrant and agree that they have all right, power 
and authority to enter into and be bound by this Agreement. 

 

 NOW, THEREFORE, in consideration of the recitals, agreements, and mutual covenants 
contained herein, and other good and valuable consideration, the receipt and sufficiency of which 
are hereby acknowledged by the Parties, the Parties agree as follows: 

 

 SECTION 1. INCORPORATION OF RECITALS. The recitals stated above are true and 
correct and by this reference are incorporated by reference as a material part of this Agreement. 

 

SECTION 2. DUTIES. The District agrees to use Contractor to provide the Services in 
accordance with the terms of this Agreement. The duties, obligations, and responsibilities of the 
Contractor are described in Exhibit A and Exhibit B hereto. 

 


A. Contractor shall provide the Services as described in Exhibit A and Exhibit B. 
The Services shall include any effort specifically required by this Agreement and 
Exhibit A and Exhibit B reasonably necessary to allow the District to receive the 
maximum benefit of all of the Services and items described herein and 
demonstrated in Exhibit A and Exhibit B, including but not limited to, the repair, 
construction, installation, and all materials reasonably necessary. Notwithstanding 
the foregoing, aluminum fencing and gates required for the Services (“Materials”) 
will be furnished by the District and will not be supplied by, nor included in the 
compensation to, the Contractor. Contractor shall be responsible for the proper 
handling and installation of all District-provided Materials. Should Contractor 
identify any visible issues or defects with the Materials that may affect installation 
or performance, Contractor shall notify the District before proceeding with 
Materials installation. To the extent any of the provisions of this Agreement are in 
conflict with the provisions of Exhibit A and Exhibit B, this Agreement controls. 

 

B. Services shall commence upon execution of this Agreement and be completed 
upon completion of the services, unless extended in writing by the District in its 
sole discretion or terminated earlier in accordance with Section 13 herein. 

 

C. This Agreement grants to Contractor the right to enter the lands that are subject to 
this Agreement, for those purposes described in this Agreement, and Contractor 
hereby agrees to comply with all applicable laws, rules, and regulations. 

 

D. Contractor shall perform all Services in a neat and workmanlike manner. In the 
event the District in its sole determination, finds that the work of Contractor is not 
satisfactory to District, District shall have the right to immediately terminate this 
Agreement and will only be responsible for payment of work satisfactorily 
completed and for materials actually incorporated into the Services. 

 

E. Contractor shall be solely responsible for the means, manner and methods by 
which its duties, obligations and responsibilities are met to the satisfaction of the 
District. While providing the Services, the Contractor shall assign such staff as 
may be required, and such staff shall be responsible for coordinating, expediting, 
and controlling all aspects to assure completion of the Services. 

 

F. Contractor shall report directly to the District Manager. Contractor shall use all 
due care to protect the property of the District, its residents and landowners from 
damage. Contractor agrees to repair any damage resulting from Contractor’s 
activities and work within twenty-four (24) hours. 

 

G. Contractor shall keep the premises and surrounding area free from accumulation 
of waste materials or rubbish caused by operations under the Agreement. At 
completion of the Services, the Contractor shall remove from the site waste 
materials, rubbish, tools, construction equipment, machinery and surplus 
materials. If the Contractor fails to clean up as provided herein, the District may 
do so and the cost thereof shall be charged to the Contractor. 


 

SECTION 3. COMPENSATION, PAYMENT, AND RETAINAGE. 

 

A. The District shall pay Contractor a total amount of Twenty Thousand Seven 
Hundred Sixty-Five Dollars ($20,765.00) for the Services as identified in 
Exhibit A and Exhibit B, attached hereto. Such amounts include all materials and 
labor provided for in Exhibit A and Exhibit B, and all items, labor, materials, or 
otherwise, to provide the District the maximum benefits of the Services. 
Notwithstanding the foregoing, compensation shall not include the Materials 
identified in Section 2.A. of this Agreement. The District shall pay Contractor 
upon completion and the District’s acceptance of the Services. 

 

B. If the District should desire additional work or services, the Contractor agrees to 
negotiate in good faith to undertake such additional work or services. Upon 
successful negotiations, the Parties shall agree in writing to an addendum, 
addenda, or change order(s) to this Agreement. The Contractor shall be 
compensated for such agreed additional work or services based upon a payment 
amount acceptable to the parties and agreed to in writing. 

 

C. The District may require, as a condition precedent to making any payment to the 
Contractor, that all subcontractors, material men, suppliers or laborers be paid and 
require evidence, in the form of lien releases or partial waivers of lien, to be 
submitted to the District by those subcontractors, material men, suppliers or 
laborers, and further require that the Contractor provide an Affidavit relating to 
the payment of said indebtedness. Further, the District shall have the right to 
require, as a condition precedent to making any payment, evidence from the 
Contractor, in a form satisfactory to the District, that any indebtedness of the 
Contractor, as to services to the District, has been paid and that the Contractor has 
met all of the obligations with regard to the withholding and payment of taxes, 
Social Security payments, Workmen’s Compensation, Unemployment 
Compensation contributions, and similar payroll deductions from the wages of 
employees. 

 

SECTION 4. WARRANTY. The Contractor warrants to the District that all materials 
furnished under this Agreement shall be new, and that all services and materials shall be of good 
quality, free from faults and defects, and will conform to the standards and practices for projects 
of similar design and complexity in an expeditious and economical manner consistent with the 
best interest of the District. In addition to all manufacturer warranties for materials purchased for 
purposes of this Agreement, all Work provided by the Contractor pursuant to this Agreement 
shall be warranted for two (2) years from the date of acceptance of the Work by the District. 
Contractor shall replace or repair warranted items to the District’s satisfaction and in the 
District’s discretion. Neither final acceptance of the Work, nor final payment therefore, nor any 
provision of the Agreement shall relieve Contractor of responsibility for defective or deficient 
materials or Services. If any of the materials or Services are found to be defective, deficient or 
not in accordance with the Agreement, Contractor shall correct, remove and replace it promptly 


after receipt of a written notice from the District and correct and pay for any other damage 
resulting therefrom to District property or the property of landowner’s within the District. 

 

 SECTION 5. INSURANCE. 

 

A. The Contractor shall maintain throughout the term of this Agreement the 
following insurance: 

 

(1) Worker’s Compensation Insurance in accordance with the laws of the 
State of Florida. 

 

(2) Commercial General Liability Insurance covering the Contractor’s legal 
liability for bodily injuries, with limits of not less than One Million 
Dollars ($1,000,000) combined single limit bodily injury and property 
damage liability, and covering at least the following hazards: 

 

(i) Independent Contractors Coverage for bodily injury and property 
damage in connection with any subcontractors’ operation. 

 

(3) Employer’s Liability Coverage with limits of at least One Million Dollars 
($1,000,000) per accident or disease. 

 

(4) Automobile Liability Insurance for bodily injuries in limits of not less than 
One Million Dollars ($1,000,000) combined single limit bodily injury and 
for property damage, providing coverage for any accident arising out of or 
resulting from the operation, maintenance, or use by the Contractor of any 
owned, non-owned, or hired automobiles, trailers, or other equipment 
required to be licensed. 

 

B. The District, its staff, consultants and supervisors shall be named as additional 
insured. The Contractor shall furnish the District with the Certificate of Insurance 
evidencing compliance with this requirement. No certificate shall be acceptable 
to the District unless it provides that any change or termination within the policy 
periods of the insurance coverage, as certified, shall not be effective within thirty 
(30) days of prior written notice to the District. Insurance coverage shall be from 
a reputable insurance carrier, licensed to conduct business in the State of Florida. 

 

C. If the Contractor fails to have secured and maintained the required insurance, the 
District has the right but not the obligation to secure such required insurance in 
which event the Contractor shall pay the cost for that required insurance and shall 
furnish, upon demand, all information that may be required in connection with the 
District’s obtaining the required insurance. 

 

 SECTION 6. INDEMNIFICATION. 

 


A. Contractor agrees to defend, indemnify, and hold harmless the District and its 
officers, agents, employees, successors, assigns, members, affiliates, or 
representatives from any and all liability, claims, actions, suits, liens, demands, 
costs, interest, expenses, damages, penalties, fines, judgments against the District, 
or loss or damage, whether monetary or otherwise, arising out of, wholly or in 
part by, or in connection with the Services to be performed by Contractor, its 
subcontractors, its employees and agents in connection with this Agreement, 
including litigation, mediation, arbitration, appellate, or settlement proceedings 
with respect thereto. Additionally, nothing in this Agreement requires Contractor 
to indemnify the District for the District’s percentage of fault if the District is 
adjudged to be more than 50% at fault for any claims against the District and 
Contractor as jointly liable parties; however, Contractor shall indemnify the 
District for any and all percentage of fault attributable to Contractor for claims 
against the District, regardless whether the District is adjudged to be more or less 
than 50% at fault. 

 

B. Obligations under this section shall include the payment of all settlements, 
judgments, damages, liquidated damages, penalties, forfeitures, back pay awards, 
court costs, arbitration and/or mediation costs, litigation expenses, attorneys’ fees, 
paralegal fees, expert witness fees (incurred in court, out of court, on appeal, or in 
bankruptcy proceedings), any interest, expenses, damages, penalties, fines, or 
judgments against the District. 

 

 SECTION 7. LIMITATIONS ON GOVERNMENTAL LIABILITY. Nothing in this 
Agreement shall be deemed as a waiver of the District’s sovereign immunity or the District’s 
limits of liability as set forth in Section 768.28, Florida Statutes, or other statute, and nothing in 
this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim 
which would otherwise be barred under such limitations of liability or by operation of law. 

 

 SECTION 8. COMPLIANCE WITH GOVERNMENTAL REGULATION. The Contractor 
shall keep, observe, and perform all requirements of applicable local, State, and Federal laws, 
rules, regulations, or ordinances. If the Contractor fails to notify the District in writing within 
five (5) days of the receipt of any notice, order, required to comply notice, or a report of a 
violation or an alleged violation, made by any local, State, or Federal governmental body or 
agency or subdivision thereof with respect to the services being rendered under this Agreement 
or any action of the Contractor or any of its agents, servants, employees, or materialmen, or with 
respect to terms, wages, hours, conditions of employment, safety appliances, or any other 
requirements applicable to provision of services, or fails to comply with any requirement of such 
agency within five (5) days after receipt of any such notice, order, request to comply notice, or 
report of a violation or an alleged violation, the District may terminate this Agreement, such 
termination to be effective upon the giving of notice of termination. 

 

 SECTION 9. LIENS AND CLAIMS. The Contractor shall promptly and properly pay for 
all labor employed, materials purchased, and equipment hired by it to perform under this 
Agreement. The Contractor shall keep the District’s property free from any materialmen’s or 
mechanic’s liens and claims or notices in respect to such liens and claims, which arise by reason 


of the Contractor’s performance under this Agreement, and the Contractor shall immediately 
discharge any such claim or lien. In the event that the Contractor does not pay or satisfy such 
claim or lien within three (3) business days after the filing of notice thereof, the District, in 
addition to any and all other remedies available under this Agreement, may terminate this 
Agreement to be effective immediately upon the giving of notice of termination. 

 

SECTION 10. DEFAULT AND PROTECTION AGAINST THIRD PARTY INTERFERENCE. A 
default by either party under this Agreement shall entitle the other to all remedies available at 
law or in equity, which may include, but not be limited to, the right of damages, injunctive relief, 
and/or specific performance. The District shall be solely responsible for enforcing its rights 
under this Agreement against any interfering third party. Nothing contained in this Agreement 
shall limit or impair the District’s right to protect its rights from interference by a third party to 
this Agreement. 

 

SECTION 11. CUSTOM AND USAGE. It is hereby agreed, any law, custom, or usage to 
the contrary notwithstanding, that the District shall have the right at all times to enforce the 
conditions and agreements contained in this Agreement in strict accordance with the terms of this 
Agreement, notwithstanding any conduct or custom on the part of the District in refraining from 
so doing; and further, that the failure of the District at any time or times to strictly enforce its 
rights under this Agreement shall not be construed as having created a custom in any way or 
manner contrary to the specific conditions and agreements of this Agreement, or as having in any 
way modified or waived the same. 

 

SECTION 12. SUCCESSORS. This Agreement shall inure to the benefit of and be binding 
upon the heirs, executors, administrators, successors, and assigns of the Parties to this 
Agreement, except as expressly limited in this Agreement. 

 

 SECTION 13. TERMINATION. The District agrees that the Contractor may terminate this 
Agreement with cause by providing thirty (30) days’ written notice of termination to the District 
stating a failure of the District to perform according to the terms of this Agreement; provided, 
however, that the District shall be provided a reasonable opportunity to cure any failure under 
this Agreement. The Contractor agrees that the District may terminate this Agreement 
immediately for cause by providing written notice of termination to the Contractor. The District 
shall provide thirty (30) days’ written notice of termination without cause. Upon any termination 
of this Agreement, the Contractor shall be entitled to payment for all work and/or services 
rendered up until the effective termination of this Agreement, subject to whatever claims or offsets 
the District may have against the Contractor. 

 

SECTION 14. PERMITS AND LICENSES. All permits and licenses required by any 
governmental agency directly for the District shall be obtained and paid for by the District. All 
other permits or licenses necessary for the Contractor to perform under this Agreement shall be 
obtained and paid for by the Contractor. 

 

 SECTION 15. ASSIGNMENT. Neither the District nor the Contractor may assign this 
Agreement without the prior written approval of the other. Any purported assignment without 
such approval shall be void. 


 

 SECTION 16. INDEPENDENT CONTRACTOR STATUS. In all matters relating to this 
Agreement, the Contractor shall be acting as an independent contractor. Neither the Contractor 
nor employees of the Contractor, if there are any, are employees of the District under the 
meaning or application of any Federal or State Unemployment or Insurance Laws or Old Age 
Laws or otherwise. The Contractor agrees to assume all liabilities or obligations imposed by any 
one or more of such laws with respect to employees of the Contractor, if there are any, in the 
performance of this Agreement. The Contractor shall not have any authority to assume or create 
any obligation, express or implied, on behalf of the District and the Contractor shall have no 
authority to represent the District as an agent, employee, or in any other capacity, unless 
otherwise set forth in this Agreement. 

 

 SECTION 17. HEADINGS FOR CONVENIENCE ONLY. The descriptive headings in this 
Agreement are for convenience only and shall neither control nor affect the meaning or 
construction of any of the provisions of this Agreement. 

 

 SECTION 18. ENFORCEMENT OF AGREEMENT. In the event that either the District or 
the Contractor is required to enforce this Agreement by court proceedings or otherwise, then the 
prevailing party shall be entitled to recover all fees and costs incurred, including reasonable 
attorneys’ fees and costs for trial, alternative dispute resolution, or appellate proceedings. 

 

 SECTION 19. AGREEMENT. This instrument shall constitute the final and complete 
expression of this Agreement between the Parties relating to the subject matter of this 
Agreement. None of the provisions of Exhibit A and Exhibit B shall apply to this Agreement 
and Exhibit A and Exhibit B shall not be incorporated herein, except that Exhibit A and 
Exhibit B are applicable to the extent that it states the scope of services for the labor and 
materials to be provided under this Agreement. 

 

 SECTION 20. AMENDMENTS. 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 
Parties. 

 

 SECTION 21. AUTHORIZATION. The execution of this Agreement has been duly 
authorized by the appropriate body or official of the Parties, the Parties have complied with all 
the requirements of law, and the Parties have full power and authority to comply with the terms 
and provisions of this Agreement. 

 

 SECTION 22. NOTICES. All notices, requests, consents and other communications under 
this Agreement (“Notice” or “Notices”) shall be in writing and shall be hand delivered, mailed 
by First Class Mail, postage prepaid, or sent by overnight delivery service, to the Parties, as 
follows: 

 

 A. If to District: Rolling Hills Community Development District 

 475 West Town Place, Suite 114 

 St. Augustine, Florida 32092 
Attn: District Manager 


 

With a copy to: Kutak Rock LLP 

 107 West College Avenue 

 Tallahassee, Florida 32301 

 Attn: District Counsel 

 

B. If to the Contractor: Rockin’ P Fencing & More LLC 

2760 Windermere Court 

Middleburg, Florida 32068 

 Attn: ____________ 

 

 

 Except as otherwise provided in this Agreement, any Notice shall be deemed received 
only upon actual delivery at the address set forth above. Notices delivered after 5:00 p.m. (at the 
place of delivery) or on a non-business day, shall be deemed received on the next business day. 
If any time for giving Notice contained in this Agreement would otherwise expire on a nonbusiness 
day, the Notice period shall be extended to the next succeeding business day. 
Saturdays, Sundays, and legal holidays recognized by the United States government shall not be 
regarded as business days. Counsel for the District and counsel for the Contractor may deliver 
Notices on behalf of the District and the Contractor. Any party or other person to whom Notices 
are to be sent or copied may notify the Parties and addressees of any change in name or address 
to which Notices shall be sent by providing the same on five (5) days written notice to the Parties 
and addressees set forth in this Agreement. 

 

SECTION 23. THIRD PARTY BENEFICIARIES. This Agreement is solely for the benefit 
of the Parties hereto and no right or cause of action shall accrue upon or by reason, to or for the 
benefit of any third party not a formal party to this Agreement. Nothing in this Agreement 
expressed or implied is intended or shall be construed to confer upon any person or corporation 
other than the Parties hereto any right, remedy, or claim under or by reason of this Agreement or 
any of the provisions or conditions of this Agreement; and all of the provisions, representations, 
covenants, and conditions contained in this Agreement shall inure to the sole benefit of and shall 
be binding upon the Parties hereto and their respective representatives, successors, and assigns. 

 

 SECTION 24. CONTROLLING LAW AND VENUE. This Agreement and the provisions 
contained in this Agreement shall be construed, interpreted, and controlled according to the laws 
of the State of Florida. All actions and disputes shall be brought in the proper court and venue, 
which shall be Clay County, Florida. 

 

 SECTION 25. COMPLIANCE WITH PUBLIC RECORDS LAWS. Contractor understands 
and agrees that all documents of any kind provided to the District in connection with this 
Agreement may be public records, and, accordingly, Contractor agrees to comply with all 
applicable provisions of Florida law in handling such records, including but not limited to 
Section 119.0701, Florida Statutes. Contractor acknowledges that the designated public records 
custodian for the District is Marilee Giles (“Public Records Custodian”). Among other 
requirements and to the extent applicable by law, the Contractor shall 1) keep and maintain 
public records required by the District to perform the service; 2) upon request by the Public 


Records Custodian, provide the District with the requested public records or allow the records to 
be inspected or copied within a reasonable time period at a cost that does not exceed the cost 
provided in Chapter 119, Florida Statutes; 3) ensure that public records which are exempt or 
confidential, and exempt from public records disclosure requirements, are not disclosed except as 
authorized by law for the duration of the contract term and following the contract term if the 
Contractor does not transfer the records to the Public Records Custodian of the District; and 4) 
upon completion of the contract, transfer to the District, at no cost, all public records in 
Contractor’s possession or, alternatively, keep, maintain and meet all applicable requirements 
for retaining public records pursuant to Florida laws. When such public records are transferred 
by the Contractor, the Contractor shall destroy any duplicate public records that are exempt or 
confidential and exempt from public records disclosure requirements. All records stored 
electronically must be provided to the District in a format that is compatible with Microsoft 
Word or Adobe PDF formats. 

 

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE 
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO 
THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC 
RECORDS RELATING TO THIS CONTRACT, CONTACT 
THE CUSTODIAN OF PUBLIC RECORDS AT (904) 940-5850, 
MGILES@GMSNF.COM, 475 WEST TOWN PLACE, SUITE 
114, ST. AUGUSTINE, FLORIDA 32092. 

 

 SECTION 26. SEVERABILITY. The invalidity or unenforceability of any one or more 
provisions of this Agreement shall not affect the validity or enforceability of the remaining 
portions of this Agreement, or any part of this Agreement not held to be invalid or 
unenforceable. 

 

SECTION 27. ARM’S LENGTH TRANSACTION. This Agreement has been negotiated 
fully between the Parties as an arm’s length transaction. The Parties participated fully in the 
preparation of this Agreement with the assistance of their respective counsel. In the case of a 
dispute concerning the interpretation of any provision of this Agreement, the Parties are each 
deemed to have drafted, chosen, and selected the language, and any doubtful language will not 
be interpreted or construed against any party. 

 

 SECTION 28. COUNTERPARTS. This Agreement may be executed in any number of 
counterparts, each of which when executed and delivered shall be an original; however, all such 
counterparts together shall constitute, but one and the same instrument. Additionally, the Parties 
acknowledge and agree that the Agreement may be executed by electronic signature, which shall 
be considered as an original signature for all purposes and shall have the same force and effect as 
an original signature. Without limitation, “electronic signature” shall include faxed versions of 
an original signature, electronically scanned and transmitted versions (e.g. via PDF) of an 
original signature, or signatures created in a digital format. 

 

 SECTION 29. E-VERIFY. The Contractor shall comply with and perform all applicable 
provisions of Section 448.095, Florida Statutes. Accordingly, to the extent required by Florida 


Statute, Contractor shall register with and use the United States Department of Homeland 
Security’s E-Verify system to verify the work authorization status of all newly hired employees. 
The District may terminate this Agreement immediately for cause if there is a good faith belief 
that the Contractor has knowingly violated Section 448.09(1), Florida Statutes. By entering into 
this Agreement, the Contractor represents that no public employer has terminated a contract with 
the Contractor under Section 448.095(2)(c), Florida Statutes, within the year immediately 
preceding the date of this Agreement. 

 

SECTION 30. COMPLIANCE WITH SECTION 20.055, FLORIDA STATUTES. The Contractor 
agrees to comply with Section 20.055(5), Florida Statutes, to cooperate with the inspector 
general in any investigation, audit, inspection, review, or hearing pursuant to such section and to 
incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida 
Statutes. 

 

SECTION 31. STATEMENT REGARDING CHAPTER 287 REQUIREMENTS. Contractor 
acknowledges that, in addition to all Laws and Regulations that apply to this Agreement, the 
following provisions of Florida law (“Public Integrity Laws”) apply to this Agreement: 

 

A. Section 287.133, Florida Statutes, titled Public entity crime; denial or revocation 
of the right to transact business with public entities; 
B. Section 287.134, Florida Statutes, titled Discrimination; denial or revocation of 
the right to transact business with public entities; 
C. Section 287.135, Florida Statutes, titled Prohibition against contracting with 
scrutinized companies; 
D. Section 287.137, Florida Statutes, titled Antitrust violations; denial or revocation 
of the right to transact business with public entities; denial of economic benefits; 
and 
E. Section 287.138, Florida Statutes, titled Contracting with entities of foreign 
countries of concern prohibited. 


 

Contractor acknowledges that the Public Integrity Laws prohibit entities that meet certain 
criteria from bidding on or entering into or renewing a contract with governmental entities, 
including with the District (“Prohibited Criteria”). 

 

Contractor acknowledges that the District may terminate this Agreement if the Contractor 
is found to have met the Prohibited Criteria or violated the Public Integrity Laws. 

 

Contractor certifies that in entering into this Agreement, neither it nor any of its officers, 
directors, executives, partners, shareholders, employees, members, or agents who are active in 
the management of the entity, nor any affiliate of the entity, meets any of the Prohibited Criteria, 
and in the event such status changes, Contractor shall immediately notify the District. By 
entering into this Agreement, Contractor agrees that any renewal or extension of this Contract 
shall be deemed a recertification of such status. 

 

SECTION 32. ANTI-HUMAN TRAFFICKING STATEMENT. The Contractor does not use 
coercion for labor or services as defined in Section 787.06, Florida Statutes, and the Contractor has 
complied, and agrees to comply, with the provisions of Section 787.06, Florida Statutes. 


Signature - David Church

Owner 

Douglas Peery 

Signature - Douglas Peery

IN WITNESS WHEREOF, the parties hereto have signed this Agreement on the day 
and year first written above. 

 

ROLLING HILLS COMMUNITY 
DEVELOPMENT DISTRICT 

 

 

 

 Chairperson, Board of Supervisors 

 

 

ROCKIN’ P FENCING & MORE LLC 

 

 

 

 By: 

 Its: 

 

 

 

Exhibit A: Scope of Services for Playground Area 

Exhibit B: Scope of Services for Pool & Tennis Courts 

 


Exhibit A 

Scope of Services for Playground Area 

 

 

 


Exhibit B 

Scope of Services for Pool & Tennis Courts 

 

 


MEMORANDUM 

 

TO: Board of Supervisors, Rolling Hills CDD 

 


FROM: Katie Buchanan 

 

DATE: April 13, 2026 

 

RE: Executive Summary of Memorandum of Understanding 

 

 

 
Please find below bullet points which summarize the key concepts of the Memorandum of 
Understanding between CBCP Rolling Hills Landco, LLC, Waltham Development Co., Inc., and 
the Rolling Hills CDD. Many of these concepts have been previously discussed by the board, but 
have now been placed in a single document for final review and consideration. 

• Landco will convey approximately 211.6 acres ( see “Potential CDD Parcels” on Exhibit 
A) as Conservation Easement Property and the Boardwalk Improvements, and Waltham 
will convey Strip Property to the District using the forms attached as special warranty deeds 
and a bill of sale. 
• Landco will reserve an easement over portions of the Conservation Easement Property to 
ensure access to Upland Parcel 3. 
• For Upland Parcels 1–4, Landco will seek conservation easements in favor of the St. Johns 
River Water Management District, the District will reasonably cooperate by executing 
joinders, consents, and releases, and upon completion Landco will convey title to the 
District subject to review of title, deed form, and legal descriptions. 
• To facilitate development of the “South Pod,” the District will execute a Notice of 
Termination of Financing Documents. As previously discussed, this will release the South 
Pod from the agreements relating to prior bonds and unnecessary construction easements. 
• Landco will concurrently grant the District a Temporary Access Easement as reflected in 
Exhibit A to ensure the District has access to the landlocked southwest Conservation 
Easement Property. 
• In lieu of reallocating debt service assessments for the South Pod, the District will accept 
$164,519.34 as a Contribution in Lieu of Assessments, conditioned on development of no 
more than 29 lots and payable at Landco’s sale closing under a pending contract. 
• The District will issue an estoppel letter confirming that upon receipt of the Contribution 
in Lieu of Assessments, the South Pod has no outstanding or delinquent capital assessments 
and no pending or anticipated future capital assessments or bond issuances, while 
acknowledging potential future operations and maintenance assessments. 



• The District will accept ownership and maintenance of roads, parks, landscaping, 
stormwater systems, and similar public infrastructure in the South Pod after construction 
and engineer certification if comparable in nature and maintenance expense to existing 
District improvements, and South Pod lots will be responsible for annual operations and 
maintenance assessments upon platting. 
• Residents of the South Pod will have the same rights as existing District residents to use 
District amenities and to participate in District activities and governance, subject to 
payment of the Contribution in Lieu of Assessments and operations and maintenance 
assessments. 


 




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ROLLING HILLS CDD - STORMWATER MANAGEMENT SYSTEM 

PUD 

CDD ENGINEER REPORT 

ACTUAL BUILT IMPROVEMENT 

IDENTIFIED CONCERNS 

III. INTENDED PLAN OF 
DEVELOPMENT 

C. Site Drainage: 

The development of the Property shall meet all 
applicable requirements of the St. Johns River 
Water Management District and Clay County. 
The Lakes and other elements of the drainage 
system outside the road rights-of-way serving 
the single-family portion of the property will 
be maintained by a property owners’ 
association and will be subject to appropriate 
easements prohibiting construction of 
accessory uses that would interfere with 
drainage or maintenance. 

 

V. OWNERSHIP AND MAINTENANCE 
OF COMMON FACILITIES 

It is contemplated that a Community 
Development District (CDD hereinafter) may 
be formed to benefit the property, in which 
event, the CDD may own storm drainage, 
recreation, and/or other facilities appropriate 
for CDD ownership. Areas which are to be 
maintained … by the CDD will specifically 
identified in final development plans. 

2006 

The proposed stormwater management improvements 
consist of the treatment ponds, control structures and 
wetland mitigation required to serve the District in 
accordance with SJRWMD permits. The County will own 
and maintain the stormwater system from the roads to the 
lakes. The District will own and maintain the lakes. 

Numerous Stormwater Management 
Facilities (SMFs), such as wet ponds, were 
built as expected and as part of all phases 
of development. The County owns all the 
Roads and ROW, while the CDD owns the 
Lakes/Ponds. 

The swale/sidewalk buffer throughout the 
District is sodded/landscaped. This 
includes trees, bushes, and grass. 

CLAY COUNTY: 

 

There is no discernable difference 
between what was built out and what 
was contemplated by the PUD related 
to Stormwater as the CDD owns those 
facilities and they were not particularly 
described by the PUD. 

 

SJRWMD: 

 

1. Were the stormwater ponds/treatment 
facilities built to SJRWMD standards? 


H.C.: Was the lake behind the LGI 
section of the community (Plat for 
Rolling Hills Unit 2-A) and the lake on 
Bradley Creek Parkway at the end of 
Lookout Ridge Lane (Plat for Cedar 
Creek at Rolling Hills) built in 
compliance with SJRWMD permitting? 

2. Have the stormwater facility permits 
been transferred to O&M? Are they in 
the CDD’s name? 


This is in the process of confirmation by 
CDD staff. 

 

2009 

Reduction in costs of initial 2006 project due to economic 
downturn. 

2020 

The 2020 Engineer’s Report and associated bond issuance 
covers the construction of Rolling Hills Unit Two. It states: 

Storm Sewer Collection system is included in 
ROW/Roadway system improvements. 

Disturbed areas within ROW that are outside of the paved 
roadway will be landscaped/sodded/seeded and mulched to 
prevent erosion and sediment control in accordance with the 
storm water pollution prevention plan. 

2022 

The 2022 Engineer’s Report and associated bond issuance 
covers the construction of Shadow Crest at Rolling Hills. It 
states: 

The Phase 3B & 3C infrastructure improvements will 
include stormwater management. . . for the benefit of the 
lands within the Series 2022 Assessment Areas. 

Public facilities constructed within the Roadway ROW and 
Utility Easements include stormwater collection. 



 

 


ROLLING HILLS CDD - AMENITIES AND RECREATION 

PUD 

CDD ENGINEER REPORT 

ACTUAL BUILT IMPROVEMENT 

IDENTIFIED CONCERNS 

III. INTENDED PLAN OF 
DEVELOPMENT 

D. Recreation: 

In order to maximize the resident’s enjoyment 
and use of the unique topography of the 
property, over 200 acres will be retained in its 
natural state to provide passive recreation and 
open space for residents within the PUD. This 
area, and any improvements thereon, will be 
conveyed to the mandatory property owners’ 
association or community development district 
described in Section V below. In addition, the 
lakes shown on the site plan will remain open 
space. This recreational acreage, together with 
the lakes shown on the Site Plan, are well in 
excess of the 56.2 acres required by the zoning 
code to remain open space and well in excess 
of the 2.25 acres required by the zoning code 
to be usable for recreational purposes. It is 
presently contemplated that picnic areas and 
pedestrian and bike trails will be available 
throughout the recreational areas. 

F. Phasing and Commencement of 
Construction. 

Construction of the improvements to the two 
(2) park/amenities centers will be completed 
prior to the occupancy of more than fifty 
percent (50%) of the lots within the 
development. 

2006 

Contemplates neighborhood parks at various locations 
throughout the District. Amenity Center to be completed in 
2007. The Supplemental Engineer’s Report (2006) does not 
describe the specific layout, size, offerings, etc. of the 
Amenity Center or the Neighborhood Parks. It does include 
many components that may be a part of the final Amenity 
Center Recreational Complex or the Neighborhood Parks. 

Amenity Center, Pools, and Courts are 
located within the development. There are 
two (2) distinct buildings on this site: the 
Rec building and the Bath House building. 

There are multiple large, wooded parcels 
left open to the public and owned by the 
District throughout the boundaries. These 
include the field behind the amenity center, 
the wooded conservation areas between 
neighborhoods, open space adjacent to 
ROW, and pocket parks located throughout 
the District.1 
1 Pocket parks are located at Holly Green Loop; corner of Bradley Creek Parkway and Laurel Springs Drive; Bradley Creek Parkway at the end of Lookout Ridge Lane; Hidden Meadows Court and Paddle Creek Drive; Meadow Ridge 
Court; Forest View Lane; Laurel Springs Drive. 

 

There is a facility being constructed at 
3151 Lowgap Place which will serve as a 
park center. 

There are also large tracts of land within 
the District that are presently owned by 
CBCP Rolling Hills Land Co LLC. Those 
tracts are almost entirely subject to 
Conservation Easements. They are 
intended to be conveyed to the CDD. 
These tracts total over 212 acres of 
additional conservation land. 

CLAY COUNTY: 

1. Do current amenity and recreation 
offerings satisfy County regulations? 


Per email from Clay County Director of 
Planning and Zoning dated April 12, 
2026, the County concluded: 

“While different from the original site 
plan, the development is in compliance 
with the PUD.” 

2. Can the CDD cut back the trees south of 
3476 Bradley Creek Parkway? This is 
marked as open space on the plat. 


Likely yes but will require County 
approval. 

2009 

Reduction in costs of initial 2006 project due to economic 
downturn 

2020 

Recreation improvements are not included. 

2022 

The Phase 3B & 3C infrastructure improvements will 
include amenities . . . for the benefit of the lands within the 
Series 2022 Assessment Areas. While amenities are 
mentioned, the costs calculated in the 2022 Engineer’s 
Report does not include any construction associated with 
improvements such as amenity buildings, courts, etc. It only 
provides costs for recreational areas like parks. 



 


ROLLING HILLS CDD - TRANSPORTATION 

PUD 

CDD ENGINEER REPORT 

ACTUAL BUILT IMPROVEMENT 

IDENTIFIED CONCERNS 

III. INTENDED PLAN OF 
DEVELOPMENT 

E. Vehicular and Pedestrian Circulation 
System 

The development of the property contemplates 
the establishment of a two-lane collector road 
along the easterly boundary of the property. 
Access to each of the neighborhoods, 
discussed in Section B above, will be provided 
by the collector road will be determined in the 
final development plan process. None of the 
lots shall have direct access to the collector 
road. Five (5) foot wide sidewalks will be 
provided on both sides of all subdivision 
roadways. Pedestrian and /or bicycle trails will 
be provided to connect the neighborhoods to 
the recreation areas, where appropriate. 

2006 

Contemplates main entrance roadway and internal roadways 
providing access throughout the residential areas. The main 
entrance roadway is a two-lane road from CR739b along the 
eastern district boundary. Internal roadways will consist of 
approximately 7.81 miles of neighborhood roads. Roads will 
be designed and constructed according to County standards. 
County will take the roads upon completion. 

The roadway system has been conveyed to 
the County. It includes sidewalks along all 
internal roadways and along Rolling View 
Boulevard, which is the two-lane collector 
noted in the PUD. 

There are bicycle/pedestrian trails behind 
the Amenity Center, through the 
conservation area out to the front 
neighborhood (Woodbridge Crossing Ct.). 
The CDD also is in negotiation to acquire 
the footbridge along Sandridge Road 
inside the northern boundary of the 
District. 

All neighborhoods connect to each other 
via internal roadway network, with a single 
entrance and exit from the community at 
Rolling View Boulevard. 

No lots have direct access onto Rolling 
View Boulevard, which is the two-lane 
collector road. 

CLAY COUNTY: 

1. Does the County plan to build the College 
Drive Extension (aka Rolling View 
Blvd)? 


There is no current plan. The last 
construction estimate was more than $33 
Million. 

2. What is the County’s plan as to 
improving ingress and egress to the 
development? 


There is no current plan for County 
construction of roads for development. 

3. Would the County consider taking the 
boardwalk located by Sandridge Road? 


It is unlikely the County would agree to 
accept the boardwalk, but the CDD could 
make a formal request of the County 
Commission. 

4. The CDD would like sidewalks at the 
corner of Hidden Meadows Court and 
Bradley Creek Parkway. Would the 
County sign off on the construction of 
those sidewalks? Would the County 
allocate any money to this type of project? 


It is unlikely the County has funds, but the 
CDD could do it with a ROW permit. 

2009 

Reduction in costs of initial 2006 project due to economic 
downturn 

2020 

Internal roadway system to provide access throughout the 
residential area of the District will be constructed to Clay 
County Standards. This Roadway system will connect to the 
existing system within the District, and will be conveyed to 
County upon completion 

2022 

An internal roadway network will provide sidewalks and 
access to all new lots and amenities. The roadway will be 
designed to Clay County Standards and connect to the 
existing County ROW at Laurel Springs Drive. 



 


EXHIBIT A 

 

NOTICE OF QUALIFYING PERIOD FOR CANDIDATES 

FOR THE BOARD OF SUPERVISORS OF THE 

ROLLING HILLS COMMUNITY DEVELOPMENT DISTRICT 

Notice is hereby given that the qualifying period for candidates for the office of Supervisor 
of the Rolling Hills Community Development District will commence at noon on June 8, 2026, and 
close at noon on June 12, 2026. Candidates must qualify for the office of Supervisor with the Clay 
County Supervisor of Elections located at 500 N. Orange Ave., Green Cove Springs, FL 32043 
Phone (904) 269-6350. All candidates shall qualify for individual seats in accordance with Section 
99.061, Florida Statutes, and must also be a “qualified elector” of the District, as defined in 
Section 190.003, Florida Statutes. A “qualified elector” is any person at least 18 years of age who 
is a citizen of the United States, a legal resident of the State of Florida and of the District, and 
who is registered to vote with the Clay County Supervisor of Elections. Campaigns shall be 
conducted in accordance with Chapter 106, Florida Statutes. 

The Rolling Hills Community Development District has three (3) seats up for election, 
specifically seats 2, 4, and 5. Each seat carries a four-year term of office. Elections are 
nonpartisan and will be held at the same time as the general election on November 3, 2026, and 
in the manner prescribed by law for general elections. 

For additional information, please contact the Clay County Supervisor of Elections. 

Publish on or before May 25, 2026. 

 


ROLLING HILLS COMMUNITY DEVELOPMENT DISTRICT 
Fiscal Year 2026 Assessments Receipts Summary 


ASSESSED 
# O&M UNITS 
ASSESSED 
SERIES 2015A-1 
DEBT ASSESSED 
SERIES 2015A-2 
DEBT ASSESSED 
SERIES 2015A-3 
DEBT ASSESSED 
SERIES 2020A-1 
DEBT ASSESSED 
SERIES 2022A-1 
DEBT ASSESSED 
FY26 O&M 
ASSESSED TOTAL ASSESSED 
ASSESSED REVENUE TAX ROLL 761 172,800.58 136,800.46 40,698.47 165,981.32 348,112.12 1,266,080.27 2,130,473.20 

DUE / RECEIVED 
SERIES 2015A-1 
DEBT RECEIVED 
SERIES 2015A-2 
DEBT RECEIVED 
SERIES 2015A-3 
DEBT RECEIVED 
SERIES 2020A-1 
DEBT RECEIVED 
SERIES 2022A-1 
DEBT RECEIVED O&M RECEIVED TOTAL RECEIVED 
TAX ROLL DUE / RECEIVEDBALANCE DUE 
167,838.90 
4,961.68 
132,872.46 
3,928.00 
39,529.88 
1,168.59 
161,215.44 
4,765.88 
338,116.65 
9,995.47 
1,229,726.84 
36,353.42 
2,069,300.17 
61,173.03 

(1) Series 2020A-2 and 2022A-2 Bonds are to be paid off at closing and are invoiced semi-annually for remaining interest due 
SUMMARY OF TAX ROLL RECEIPTS 
CLAY COUNTY DISTRIBUTION DATE RECEIVED 
SERIES 2015A-1 
DEBT RECEIVED 
SERIES 2015A-2 
DEBT RECEIVED 
SERIES 2015A-3 
DEBT RECEIVED 
SERIES 2020A-1 
DEBT RECEIVED 
SERIES 2022A-1 
DEBT RECEIVED O&M RECEIVED TOTAL RECEIVED 
1 
2 
3 
4 
5 
6 
7 
8 
11/6/2025 
11/13/2025 
11/24/2025 
12/5/2025 
12/18/2025 
1/14/2026 
2/11/2026 
3/6/2026 
464.93 
2,658.19 
39,429.03 
111,753.99 
1,364.69 
1,620.63 
8,618.72 
1,928.72 
-------
--
368.07 109.50 
2,104.40 626.06 
31,214.65 9,286.43 
88,471.91 26,320.61 
1,080.38 321.41 
1,283.00 381.69 
6,823.15 2,029.90 
1,526.90 454.26 
--
--
--
--
--
--
--
--
--
446.59 
2,553.29 
37,873.04 
107,343.82 
1,310.83 
1,556.67 
8,278.60 
1,852.60 
--
-----
-
-
936.62 
5,355.00 
79,431.01 
225,131.88 
2,749.20 
3,264.80 
17,362.68 
3,885.46 
--
-
----
-
-
3,406.49 
19,476.08 
288,889.80 
818,802.36 
9,998.81 
11,874.04 
63,147.88 
14,131.38 
--
-
----
-
-
5,732.20 
32,773.02 
486,123.97 
1,377,824.57 
16,825.33 
19,980.83 
106,260.93 
23,779.32 
TOTAL RECEIVED TAX ROLL 167,838.90 132,872.46 39,529.88 161,215.44 338,116.65 1,229,726.84 2,069,300.17 

PERCENT COLLECTED 2015A-1 2015A-2 2015A-3 2020 2022 O&M TOTAL 
% COLLECTED TAX ROLL 97.13% 97.13% 97.13% 97.13% 97.13% 97.13% 97.13% 


Receipt of Payment 

Transaction # po_39373 
Transaction Date: 01/20/2026 
INVOICE # SENDER DUE 
DATE BALANCE DUE 
I-011626- 
16 
Clay County Sheriff 's 
Offi ce 
1/16/2026 $323.30 
Subtotal $323.30 
Paid Via ACH WELLS FARGO BANK Bank, account ending in 
0591. 
Total Processing 
Fees $0.00 
Grand Total $323.30 


Receipt of Payment 

Transaction # po_42940 
Transaction Date: 02/10/2026 
INVOICE # SENDER DUE 
DATE BALANCE DUE 
I-012526- 
39 
Clay County Sheriff 's Offi ce 1/25/2026 $233.20 
I-020826- 
93 
Clay County Sheriff 's Offi ce, 
FL 
2/8/2026 $323.30 
Subtotal $556.50 
Paid Via ACH WELLS FARGO BANK Bank, account ending in 
0591. 
Total Processing 
Fees $0.00 
Grand Total $556.50 


Receipt of Payment 

Transaction # po_43943 
Transaction Date: 02/18/2026 
INVOICE # SENDER DUE 
DATE BALANCE DUE 
I-021426- 
117 
Clay County Sheriff 's 
Offi ce, FL 
2/14/2026 $233.20 
Subtotal $233.20 
Paid Via ACH WELLS FARGO BANK Bank, account ending in 
0591. 
Total Processing 
Fees $0.00 
Grand Total $233.20 


Receipt of Payment 

Transaction # po_44435 
Transaction Date: 02/23/2026 
INVOICE # SENDER DUE 
DATE BALANCE DUE 
I-022226- 
142 
Clay County Sheriff 's 
Offi ce, FL 
2/25/2026 $233.20 
Subtotal $233.20 
Paid Via ACH WELLS FARGO BANK Bank, account ending in 
0591. 
Total Processing 
Fees $0.00 
Grand Total $233.20 


Receipt of Payment 

Transaction # po_45328 
Transaction Date: 03/02/2026 
INVOICE # SENDER DUE 
DATE BALANCE DUE 
I-022826- 
168 
Clay County Sheriff 's 
Offi ce, FL 
3/1/2026 $233.20 
Subtotal $233.20 
Paid Via ACH WELLS FARGO BANK Bank, account ending in 
0591. 
Total Processing 
Fees $0.00 
Grand Total $233.20 


Receipt of Payment 

Transaction # po_46280 
Transaction Date: 03/09/2026 
INVOICE # SENDER DUE 
DATE BALANCE DUE 
I-030826- 
193 
Clay County Sheriff 's 
Offi ce, FL 
3/10/2026 $323.30 
Subtotal $323.30 
Paid Via ACH WELLS FARGO BANK Bank, account ending in 
0591. 
Total Processing 
Fees $0.00 
Grand Total $323.30 


Receipt of Payment 

Transaction # po_47770 
Transaction Date: 03/18/2026 
INVOICE # SENDER DUE 
DATE BALANCE DUE 
I-031626- 
222 
Clay County Sheriff 's 
Offi ce, FL 
3/16/2026 $233.20 
Subtotal $233.20 
Paid Via ACH WELLS FARGO BANK Bank, account ending in 
0591. 
Total Processing 
Fees $0.00 
Grand Total $233.20 


Receipt of Payment 

Transaction # po_49100 
Transaction Date: 03/30/2026 
INVOICE # SENDER DUE 
DATE BALANCE DUE 
I-032326- 
241 
Clay County Sheriff 's 
Offi ce, FL 
3/23/2026 $233.20 
Subtotal $233.20 
Paid Via ACH WELLS FARGO BANK Bank, account ending in 
0591. 
Total Processing 
Fees $0.00 
Grand Total $233.20 


Receipt of Payment 

Transaction # po_49098 
Transaction Date: 03/30/2026 
INVOICE # SENDER DUE 
DATE BALANCE DUE 
I-032926- 
259 
Clay County Sheriff 's 
Offi ce, FL 
3/29/2026 $233.20 
Subtotal $233.20 
Paid Via ACH WELLS FARGO BANK Bank, account ending in 
0591. 
Total Processing 
Fees $0.00 
Grand Total $233.20