AGENDA - MetroWest Orlando, FL

Transcription

METROWESTMASTERASSOCIATION,INC.
ACorporationNot‐for‐Profit
NOTICE TO ASSOCIATION AND BOARD MEMBERS
OF
MEETING OF BOARD OF DIRECTORS
Notice is hereby given that a meeting of the Board of Directors of Metrowest Master Association, Inc., will be held at the
following date, time and place:
Date of Meeting:
Time of Meeting:
Place of Meeting:
June 17, 2014
5:30 p.m.
Hamptons at MetroWest
6401 Time Square Ave, A-2
Orlando, FL 32835
AGENDA
The order of business of the regular meeting of the Board of Directors shall be as follows:
I.
II.
III.
ESTABLISH A QUORUM
CALL TO ORDER/ PROOF OF NOTICE
SECRETARY – Appoint Secretary for the Meeting for the sole purpose of taking the
Minutes of the Organization.
IV.
ORDER – We will follow Robert’s Rules of Order, incorporating Board-approved
amendments to Board meeting structure
V.
CONSENT AGENDA
a. Ratify 04/09/14 Approval of Transfer of Excess Funds
b. Ratify 04/24/14 Approval of Metro Pointe of Florida Fine
c. Ratify 05/27/14 Approval of Public Safety Office Lease & Public Safety Director
Agreement
d. Ratify 05/27/14 Approval of MWMA Weekly Management Reports
VI.
PUBLIC COMMENTS TO AGENDA ITEMS
VII. READING OF MINUTES OF PREVIOUS MEETING(S)
a. Ratify and Approval of 04/07/14 Board Meeting Minutes & Prior Actions
VIII. MANAGEMENT REPORT
IX.
FINANCIAL REPORT
X.
VIOLATION REPORT
XI.
NEW BUSINESS
a.
b.
c.
d.
e.
XII.
Public Relations Communications Plan
DRB & Fine/Hearing Members
2013 Annual Audited Report
Rules and Regulations
Debbie Ault from MetroWest Unit 5 Request to Speak/Common Area Rental Reconsideration
ADJOURN
Location(s) Posted: Bulletin Board located inside Publix 2435 S. Hiawassee Road, Orlando, FL 32835
CONSENT
AGENDA
COMMERCIAL LEASE AGREEMENT
THIS COMMERCIAL LEASE AGREEMENT (this “Lease”) dated this _____ day of
________________, 2014, is made by and between THE HAMPTONS AT METROWEST
CONDOMINIUM ASSOCIATION, INC., a Florida not for profit corporation (the
“Landlord”), and METROWEST MASTER ASSOCIATION, INC., a Florida not for profit
corporation (the “Tenant”).
WITNESSETH:
WHEREAS, Landlord is the record owner of title to that certain real property located in
Orange County, Florida more particular described as Units CU 28, CU 29 and CU 30 in Building
41 together with an undivided interest in the common elements of The Hamptons at Metrowest, a
Condominium, according to the Declaration of Condominium thereof, as recorded in Official
Records Book 7830, Page 2283, and as amended and/or supplemented from time to time, all of
the Public Records of Orange County, Florida (the “Property”); and
WHEREAS, the Property is located within and is part of The Hamptons at Metrowest
Condominium (the “Condominium”); and
WHEREAS, the Condominium is bound by and subject to that certain Declaration of
Condominium of The Hamptons at Metrowest, a Condominium recorded in Official Records
Book 7830, Page 2283, and as subsequently amended and/or supplemented from time to time
(collectively, the “Declaration”); and
WHEREAS, Landlord is the entity responsible for the operation and management of the
Condominium and Common Elements, including without limitation, the Property; and
WHEREAS, pursuant to Article IV(C) of the By-Laws of The Hamptons at Metrowest
Condominium Association, Inc., Landlord has the authority and power to lease real property
within the Condominium as may be necessary or convenient in the operation and management of
the Condominium; and
WHEREAS, Tenant desires to lease a portion of the Property from Landlord in order to
conduct and/or operate a portion of Tenant’s business on and/or within the Property; and
WHEREAS, Landlord desires to lease a portion of the Property exclusively to Tenant in
order for Tenant to conduct and/or operate a portion of Tenant’s business on and/or within the
Property; and
WHEREAS, Landlord has determined it is in the best interest of Landlord and is
necessary and/or convenient in the operation and management of the Condominium to lease the
Property to Tenant in accordance with and subject to the terms, conditions, obligations,
covenants, provisions, requirements and/or responsibilities set forth in this Lease.
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NOW, THEREFORE, in consideration of the mutual promises set forth herein, and for
other good and valuable consideration, the sufficiency of which is acknowledged by both parties
to this Lease, Landlord and Tenant hereby agree as follows:
1. Recitals. The recitals set forth above are true, correct, form a material part of this Lease
and are hereby incorporated in this Lease by this reference.
2. Description of Leased Property. Landlord hereby agrees to exclusively lease a portion
of the Property to Tenant, and Tenant hereby agrees to lease a portion of the Property from
Landlord. The portion of the Property that Tenant agrees to lease from Landlord is more
specifically described as 99.75 square feet of the Property (the “Leased Property”). Landlord
and Tenant hereby understand, acknowledge and agree that in order to access the Leased
Property, Tenant, and/or Tenant’s employees, officers, directors, invitees, licensees, contractors,
members, shareholders, staff, personnel and/or visitors, will need to enter, cross and/or go
through portions of the common elements of the Condominium. Landlord hereby grants to
Tenant and/or Tenant’s employees, officers, directors, invitees, licensees, contractors, members,
shareholders, staff, personnel and/or visitors a temporary, non-exclusive easement over, in,
across and/or through only those portions of the common elements of the Condominium
necessary to provide access to the Leased Property. Tenant hereby acknowledges, understands
and agrees that Tenant and/or Tenant’s employees, officers, directors, invitees, licensees,
contractors, members, shareholders, staff, personnel and/or visitors shall not have any right to,
license to and/or use of any other portions of the Condominium’s common elements that are not
necessary for access to and from the Leased Property. Further, Tenant understands,
acknowledges and agrees to indemnify and hold Landlord harmless of and from any and all
penalties, costs, attorneys’ fees, violations, fees, charges, fines, claims, suits, enforcement,
damages and/or actions of any kind arising from, related to, associated with and/or connected
with Tenant’s use and/or rental of the Leased Property and/or the use of, access to, travel upon
and/or easement over that portion of the Condominium’s common elements necessary for access
to the Leased Property by Tenant and/or Tenant’s employees, officers, directors, agents, invitees,
licensees, contractors, members, shareholders, staff, personnel and/or visitors.
3. Term. Landlord hereby agrees to exclusively lease the Leased Property to Tenant, and
Tenant hereby agrees to lease the Leased Property from Landlord for an initial term
beginning on May 1, 2014 at 12:01 A.M. (EDT) and ending on December 31, 2014 at
11:59 P.M. (EST) (the “Initial Term”).
Landlord and Tenant may elect to renew and/or extend this Lease for additional lengths
of time upon such terms, covenants, conditions and/or provisions as may be agreed upon
in writing and signed by both Landlord and Tenant at the time of any such extension.
Landlord and Tenant acknowledge, understand and agree that this Lease shall not
automatically renew and/or extend beyond the Initial Term.
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4. Rent. Tenant hereby agrees to pay to Landlord during the Initial Term rent to Landlord
in the total amount of Two Hundred Fifty and No/100 Dollars ($250.00) per calendar
month (the “Rent”), which shall be inclusive of all applicable sales taxes and/or fees, for
each calendar month of the Initial Term of this Lease. The Rent shall be payable monthly
by Tenant to Landlord in twelve (12) installments. Each installment payment of the Rent
shall be due from Tenant to Landlord in advance on the first day of each calendar month
during the Initial Term of this Lease. Each installment payment of the Rent shall be paid
by Tenant to Landlord at 6401 Time Square Avenue, Orlando, Florida 32835 or at such
other place designed by written notice from Landlord. The Rent for any partial calendar
months included in the Initial Term of this Lease shall be prorated on a daily basis.
5. Late Fees. In addition to any other remedies that Landlord may have, Tenant hereby
agrees that Landlord shall be entitled to collect from Tenant a late fee in the amount of
One Hundred Fifty and No/100 Dollars ($150.00) if Rent is not received by Landlord
from Tenant on or before the tenth (10th) day of each calendar month of the Initial Term.
If Tenant remits Rent to Landlord in the form of a check, Tenant hereby further agrees
that, in addition to all other remedies available to Landlord, Landlord shall be entitled to
collect from Tenant a service charge of Fifty Dollars ($50.00) for each and every check
that is returned by Landlord’s financial institution and/or is unable to be deposited for any
reason, including without limitation, due to the check being worthless and/or Tenant’s
account does not have sufficient funds to cover the amount of that check.
6. Security Deposit. Tenant hereby agrees that Tenant shall pay to and/or deposit with
Landlord the sum of $0.00 as security for the full and faithful performance by the Tenant
of the terms, conditions, duties, requirements, obligations, responsibilities, covenants,
payments and/or provisions of this Lease (the “Security Deposit”). Tenant shall pay to
and/or deposit with Landlord the Security Deposit on the Effective Date of this Lease.
Landlord shall have responsibility and/or obligation to pay to Tenant any interest of any
kind on the Security Deposit. The Security Deposit shall be returned by Landlord to
Tenant no later than thirty (30) days after the date of expiration and/or termination of this
Lease; provided, however, that the Tenant has fully complied with and carried out the
terms, conditions, duties, requirements, obligations, responsibilities, covenants, payments
and/or provisions of this Lease and subject to the terms and conditions of this Paragraph
6. Notwithstanding anything to the contrary in this Lease, Landlord shall conduct an
inspection of the Leased Property following the expiration and/or termination, and if the
Leased Property requires any repairs, replacement, refurbishment, cleaning and/or
upkeep, Landlord shall be entitled to use and/or apply the Security Deposit to the
invoices, costs, expenses, fees and/or charges incurred by Landlord for such repairs,
replacement, refurbishment, cleaning and/or upkeep, reasonable wear and tear excepted.
In the event the Security Deposit is insufficient and/or does not totally cover such
invoices, costs, expenses, fees and/or charges incurred by Landlord, Tenant hereby agrees
that Tenant shall pay to Landlord the difference between the Security Deposit and the
actual invoices, costs, expenses, fees and/or charges incurred by Landlord as a result of
repairs, replacement, refurbishment, cleaning and/or upkeep to the Leased Property upon
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Tenant’s receipt of a written request for such payment from Landlord. To the extent that
the invoices, costs, expenses, fees and/or charges actually incurred by Landlord for the
repairs, replacement, refurbishment, cleaning and/or upkeep to the Leased Property is less
than the Security Deposit, Landlord shall return the balance of the Security Deposit to
Tenant no later than thirty (30) days after the date upon which Landlord has paid in full
all such invoices, costs, expenses, fees and/or charges. This Paragraph 6 shall survive
any termination, cancellation and/or expiration of this Lease.
7. Permitted Use. Tenant acknowledges, understands and agrees that the Leased Property
shall only be used in connection with Tenant’s lawful business operation of a property
management office/clerical/accounting. Tenant shall be obligated and required to obtain
all necessary permits, licenses, approvals and/or authorizations from all applicable
governmental entities to conduct Tenant’s business in, on and/or around the Leased
Property. All such permits, licenses, approvals and/or authorizations shall be the sole
responsibility, obligation and expense of Tenant. Landlord shall have no liability,
obligation and/or responsibility of any kind with respect to any permits, licenses,
approvals and/or authorizations necessary for Tenant’s business, use, maintenance,
operation, management and/or control of the Leased Property. Tenant understands,
acknowledges and agrees that Tenant’s use and/or operation of the Leased Property shall
not overload, overwhelm and/or overtax shared electrical systems with the rest of the
Condominium, including without limitation, throwing circuit breakers. Tenant hereby
knowingly and voluntarily agrees to indemnify and hold Landlord harmless of and from
any and all penalties, costs, attorneys’ fees, violations, fees, charges, fines, claims, suits,
enforcement, damages and/or actions of any kind arising from, related to, associated with
and/or connected with any such permits, licenses, approvals and/or authorizations.
Tenant shall not use the Leased Property to store, manufacture and/or sell any explosives,
flammables, fuel and/or any other inherently dangerous substance, chemical, thing and/or
device. This Paragraph 7 shall survive any termination, cancellation and/or expiration of
this Lease.
8. Rules and Regulations. Tenant acknowledges, understands and agrees that Tenant,
Tenant’s use and/or control of the Leased Property and the Leased Property are bound by
and subject to the terms, conditions, requirements, provisions, covenants and/or
obligations set forth in the Declaration and Landlord’s rules and regulations, and as each
may be amended, modified, changed, revised and/or supplemented from time to time.
Tenant hereby agrees that Tenant, Tenant’s use and/or control of the Leased Property
and/or the Leased Property, for the Initial Term of this Lease shall comply with all terms,
conditions, requirements, provisions, covenants and/or obligations as set forth in the
Declaration and/or Landlord’s rules and regulations, as each may be amended, modified,
changed, revised and/or supplemented from time to time.
9. Sublease and Assignment. Tenant shall not sublease, subrent, partition and/or
subdivide all or any portion of the Leased Property during the Initial Term of this Lease.
Tenant shall have the right, with the prior written consent of Landlord, to assign this
Lease in whole to the following: any corporate entity with which Tenant may merge or
consolidate; to any subsidiary of Tenant; to any corporate entity under common control
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with Tenant; or to a purchaser of substantially all of Tenant’s assets. To assist Landlord’s
review of any such assignment, Tenant shall supply any and all documentation and/or
paperwork requested by Landlord. Landlord’s consent to an assignment of this Lease
shall not unreasonably be withheld, conditioned and/or delayed.
10. Maintenance. Notwithstanding anything to the contrary in the Declaration, Tenant
hereby acknowledges, understands and agrees that the responsibility and/or obligation for
any and all routine maintenance to the Leased Property shall exclusively belong to
Landlord during the Initial Term of this Lease. Landlord hereby agrees to maintain,
repair, clean and/or upkeep the Leased Property during the Initial Term of this Lease at
Landlord’s sole and exclusive cost and expense. Notwithstanding anything to the
contrary in this Lease, Tenant hereby acknowledges, understands and agrees that Tenant
and/or Tenant’s agents, employees, contractors, vendors, members, officers, directors,
shareholders, visitors, licensees and/or invitees shall not take and/or permit any action
that results in an increase in Landlord’s costs and/or expenses of performing routine
maintenance and/or upkeep of the Leased Property. Tenant hereby agrees that in the
event Landlord’s costs and/or expenses of performing routine maintenance and/or upkeep
of the Leased Property increase due to the actions, inactions and/or negligence of Tenant
and/or Tenant’s agents, employees, contractors, vendors, members, officers, directors,
shareholders, visitors, licensees and/or invitees, Tenant shall be responsible and obligated
to pay the amount of any such increase upon written demand from Landlord. Tenant
shall not be liable for and/or required to make any structural repairs and/or roof repairs to
the Leased Property, unless such repairs relate to, arise from, are associated with and/or
are connected with Tenant’s use, possession and/or occupancy of the Leased Property.
11. Alternations and Improvements. Prior to making, installing, constructing, placing
and/or undertaking any alternations, remodeling, improvements, changes, modifications
and/or revisions of any kind to, in, on, around, over, under and/or through the Leased
Property, Tenant hereby knowingly and voluntarily agrees to submit such alterations,
improvements, changes, modifications and/or revisions to Landlord for Landlord’s
review and approval. Tenant hereby agrees to submit any and all samples, drawings,
sketches, forms, permits, approvals, engineering and/or designs related to and/or
associated with such alterations, remodeling, improvements, changes, modifications
and/or revisions for Landlord’s consideration at simultaneously with Tenant’s request for
Landlord’s review and approval. If Tenant fails and/or refuses to make such submissions
and/or Tenant fails and/or refuses to supplements such submissions as required by
Landlord, Landlord shall have no obligation and/or responsibility to review, entertain
and/or approve such alterations, remodeling, improvements, changes, modifications
and/or revisions to the Leased Property. If Tenant proceeds with the installation,
construction, placement, and/or undertaking of any alterations, remodeling,
improvements, changes, modifications and/or revisions of any kind to, in, on, around,
over, under and/or through the Leased Property without first obtaining the written
approval or consent of Landlord, Landlord shall have the right, but not the obligation, to
remove such alterations, remodeling, improvements, changes, modifications and/or
revisions. Landlord’s right to remove such alternations, remodeling, improvements,
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changes, modifications and/or revisions shall be in addition to any and all rights and/or
remedies available to Landlord.
Tenant hereby acknowledges, understands and agrees that Tenant shall not have and/or
allow any liens of any type (collectively, the “Liens”), including without limitation,
mechanic’s liens, construction liens, contractor’s liens, subcontractor’s liens and/or
materialmen’s liens, to be recorded and/or entered against and/or on the Leased Property
and/or any portion of the Condominium. In the event that any Liens are recorded and/or
entered against and/or on the Leased Property, Tenant hereby agrees that Tenant shall
immediately pay all such sums necessary to have any such Liens removed, bonded off
and/or satisfied of record. In the event Tenant fails and/or refuses Landlord may, but is
not obligated to, remove, bond off and/or satisfy such Liens. If Landlord does remove,
bond off and/or satisfy such Liens, Tenant shall be obligated to immediately reimburse
Landlord for all of Landlord’s costs, expenses, attorneys’ fees and/or charges related to
and/or associated with such Liens.
Tenant hereby acknowledges, understands and agrees that any and all alterations,
remodeling, improvements, changes, modifications and/or revisions to the Leased
Property shall be done in a workmanlike manner and utilizing good quality materials.
Tenant further acknowledges, understands and agrees that any and all alterations,
remodeling, improvements, changes, construction, additions, installations, placements,
modifications and/or revisions to, in, on and/or of the Leased Property shall be in
compliance with and/or meet all applicable codes, rules, requirements, ordinances,
building codes, life safety requirements and/or regulations of all applicable governmental
authorities. Subject to the terms and conditions of this Paragraph 11, Tenant shall have
the right to place, construct and/or install personal property, trade fixtures, equipment
and/or other temporary items in and/or upon the Leased Property. All such personal
property, equipment, machinery, trade fixtures and/or temporary items, whether acquired
by Tenant at the commencement of the Initial Term of this Lease or placed, constructed
and/or installed on the Leased Property during the Initial Term of this Lease, shall remain
the property of Tenant. Tenant may remove such personal property, equipment,
machinery, trade fixtures and/or temporary items from the Leased Property at any time
during the Initial Term of this Lease; provided, however, that any damage to the Leased
Property arising from, associated with, due to and/or connected with any such removal
shall be repaired, remedied, replaced and/or fixed by Tenant at Tenant’s sole cost and
expense.
Upon the termination, cancellation and/or expiration of this Lease, Tenant hereby agrees
that Tenant shall, at Tenant’s sole cost and expense, return the Leased Property to the
condition that existed prior to the commencement of the Initial Term no later than ten
(10) days following the date this Lease is terminated, cancelled and/or has expired.
Tenant hereby knowingly and voluntarily agrees that if Tenant fails and/or refused to
return the Leased Property to the condition that existed prior to the commencement of the
Initial Term of this Lease, that Landlord, in addition to any and all other remedies
available to Landlord, shall have the right, but not the obligation, to make such
renovations, revisions, alterations, modifications, remodeling, changes, repairs,
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replacements, construction and/or corrections to the Leased Property and charge the
invoices, costs, expenses and/or fees for that work to Tenant. Tenant hereby agrees to
pay Landlord for any and all invoices, costs, expenses and/or fees related to, associated
with, arising from and/or connected with such renovations, revisions, alterations,
modifications, remodeling, changes, repairs, replacements, construction and/or
corrections to the Leased Property performed by and/or on behalf of Landlord.
This Paragraph 11 shall survive any termination, cancellation and/or expiration of this
Lease.
12. Taxes. During the Initial Term of this Lease, Tenant shall be solely obligated and/or
responsible for any and all taxes, charges and/or fees related to, arising from and/or
associated with any leasehold interest of the Tenant and/or any personal property of any
type, trade fixtures, equipment and/or items owned, installed, constructed and/or placed
by or on behalf of Tenant in, on, under and/or through the Leased Property, except as
specified in this Lease.
In addition, during the Initial Term of this Lease, Landlord shall be solely responsible for
and/or obligated to pay any and all real property taxes levied and/or imposed against the
Leased Property, if any.
13. Insurance. Tenant shall, at Tenant’s sole expenses, maintain a policy or policies of
comprehensive general liability insurance with respect to the activities, business and/or
events to take place, occur and/or related to the Leased Property. Tenant shall obtain
and maintain such insurance coverage throughout the Initial Term of this Lease and any
extension or renewal thereof. Tenant shall obtain and maintain such insurance coverage
by an insurance company licensed or authorized to conduct business in the State of
Florida and approved in advance by Landlord. Tenant’s insurance coverage for the
Leased Property shall afford minimum protection of not less than Two Million Dollars
($2,000,000) combined single limit coverage of bodily injury, property damage and/or a
combination thereof. Tenant shall be responsible, at its sole expense, for fire and
extended coverage insurance on all of Tenant’s personal property, including removable
trade fixtures, equipment and/or other personal property of any type located in and/or on
the Leased Property. Landlord shall be listed as an additional insured on all of Tenant’s
insurance policies related to, associated with and/or connected with the Leased Property,
including without limitation, Tenant’s comprehensive policy or policies of general
liability insurance. Tenant shall provide Landlord with current Certificates of Insurance
evidencing Tenant’s compliance with this Paragraph 13. Tenant shall obtain the
agreement of each of Tenant’s insurers to notify Landlord in writing that any insurance
policy related to, associated with and/or connected with the Leased Property is due to
expire, be terminated and/or be cancelled at least thirty (30) days prior to such
expiration, termination and/or cancellation.
If the Leased Property is damaged by fire or other casualty resulting from, arising from
and/or associated with any act, omission and/or negligence of Tenant and/or any of
Tenant’s agents, employees, visitors, invitees, guests, contractors, officers, directors,
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subcontractors, vendors, material suppliers and/or licensees, Rent shall not be diminished
and/or abated while such damages are under repair, reconstruction and/or replacement
and Tenant hereby agrees that Tenant shall solely be responsible for the costs of any
repairs not covered by an applicable insurance policy and/or coverage. In addition,
Tenant hereby agrees to reimburse the Association for any costs, expenses, deductibles,
invoices and/or bills of any kind incurred by and/or imposed on the Association related
to, associated with, arising from and/or connected with any such damages.
14. Utilities. Tenant shall pay, at Tenant’s sole cost and expense, any and all charges
for telephone service used by, installed and/or operated by Tenant on, in and/or for the
Leased Property during the Initial Term of this Lease, unless otherwise expressly agreed
in writing by Landlord. Tenant hereby agrees that Tenant is solely responsible for
getting, installing and/or having telephone service provided to the Leased Property.
Landlord and Tenant hereby agree that any and all charges for water, sewer, trash
removal/pickup, pest control, electricity and/or internet service used by, installed and/or
operated by Tenant on, in and/or for the Leased Property (collectively, the “Utilities”)
shall be included as part of the Rent. Notwithstanding anything to the contrary in this
Lease, Tenant hereby agrees that Tenant and/or Tenant’s agents, employees, visitors,
invitees, guests, contractors, officers, directors, subcontractors, vendors, material
suppliers and/or licensees shall not use any equipment and/or devices of any type that
utilize excessive Utilities and/or which may, in Landlord’s reasonable opinion, overload
the wiring and/or interfere with the use or delivery of any Utilities to Landlord and/or
Landlord’s other members and/or residents.
15. Signs. Tenant shall have the right to place on the Leased Property, at locations
selected by Tenant, any signs which are permitted by applicable zoning ordinances, the
Declaration and/or the rules and regulations applicable to the Leased Property.
Notwithstanding anything to the contrary in this Paragraph 15, Tenant shall obtain the
prior written consent of Landlord for any and all signs to be placed, located, constructed
and/or installed in, on, within, over and/or through the Leased Property. Landlord may
reject and/or refuse to approve, in its sole and absolute discretion, any and all signs that
are inconsistent and/or inappropriate. Landlord shall reasonably cooperate with Tenant in
obtaining any necessary permissions and/or approvals from governmental authorities for
Tenant to place, locate, construct and/or install those signs that have been submitted to
and approved by Landlord. Tenant hereby understands, acknowledges and agrees that
Tenant shall solely be responsible for and/or obligated for any and all damage, repairs,
replacement and/or upkeep to the Leased Property resulting from, arising from, related to
and/or associated with the installation, construction, placement, location, repair, removal,
modification and/or replacement of any and all of Tenant’s signs.
16. Entry. Landlord shall have the right to enter in, upon and/or through the Leased
Property at reasonable hours to inspect the Leased Property and/or Tenant’s use of the
Leased Property; provided, however, that Landlord shall not unreasonably interfere
and/or disturb Tenant’s business on the Leased Property. Notwithstanding anything to
the contrary, in the event of an emergency, Landlord shall have the right to enter in, upon
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and/or through the Leased Property to address, correct and/or handle such emergency
with no prior notice to Tenant.
17.
Damage. Subject to the terms and conditions of Paragraph 13 of this Lease, if
the Leased Property or any part thereof is so damaged by fire and/or casualty that the
same cannot be used for Tenant’s purposes and the Leased Property and/or applicable
part thereof cannot reasonably be repaired, corrected and/or replaced within ninety (90)
days from the date of such fire and/or casualty, then Tenant shall have the right to
terminate this Lease by providing no less than thirty (30) days advance written notice to
Landlord. In the event of minor damage to any part of the Leased Property, and if such
damages does not render the applicable portion of the Leased Property unusable for
Tenant’s purposes, Landlord shall promptly repair, correct and/or replace such damage at
the cost of the Landlord. In making such repairs, corrections and/or replacements,
Landlord shall not be liable for any delays resulting from acts of God, governmental
restrictions, inability to obtain necessary materials and/or labor and/or any other matters
that qualify under impossibility of performance principles under Florida law. Tenant
shall be relieved from paying Rent during any portion of the Initial Term of this Lease
during which the Leased Property is inoperable and/or unfit for occupancy and/or use
related to, arising from and/or associated with any fire and/or other casualty. Tenant shall
receive a credit on ensuing installments, if any, of Rent for any Rent paid in advance for
any such period of time that the Leased Property is inoperable and/or unfit for occupancy
and/or use. If no ensuing installments of Rent are to be made, any such Rent paid in
advance shall be refunded to Tenant by Landlord, but only for the period of time that the
Leased Property is inoperable and/or unfit for occupancy and/or use.
18. Default in Payment of Rent. In the event that Tenant defaults and/or is in breach
of the payment of Rent when any installment thereof is due to Landlord as set forth in
this Lease, and if said default and/or breach continues for fifteen (15) days after written
notice of the default and/or breach has been given to Tenant by Landlord and/or
Landlord’s agent, Landlord shall have the right, but shall not be obligated, to terminate
and/or cancel this Lease. Landlord shall provide written notice to Tenant of Landlord’s
termination and/or cancellation of this Lease due to any unpaid Rent. Tenant shall then
be obligated to immediately surrender possession of the Leased Property to Landlord, and
Landlord shall be authorized to immediately re-enter and take possession of the Leased
Property. In addition to the remedy described above, Landlord shall have any and all
other rights and/or remedies available to Landlord, whether at law or in equity.
19. Default in Other Obligations. In the event that Tenant defaults and/or is in
breach of any of the terms, conditions, covenants, obligations, responsibilities and/or
provisions of this Lease, other than in the payment of Rent, and such default and/or
breach occurs for thirty (30) days after written notice of the default and/or breach has
been given to Tenant by Landlord and/or Landlord’s agent, Landlord shall have the right,
but shall not be obligated, to terminate and/or cancel this Lease. Landlord shall provide
written notice to Tenant of Landlord’s termination and/or cancellation of this Lease due
to any uncured default and/or breach. Tenant shall then be obligated to immediately
surrender possession of the Leased Property to Landlord, and Landlord shall be
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authorized to immediately re-enter and take possession of the Leased Property. In
addition to the remedy described above, Landlord shall have any and all other rights
and/or remedies available to Landlord, whether at law or in equity.
20. Condemnation. If any authorized governmental authority condemns any portion
of the Leased Property or any part thereof which would make the Leased Property
unsuitable for occupancy and/or use, this Lease shall automatically terminate when the
applicable governmental authority takes possession of the Leased Property or portion
thereof. Landlord and Tenant hereby agree that Tenant shall pay to Landlord any and all
Rent (and other applicable fees, charges and/or amounts due pursuant to this Lease) as of
the date of the automatic termination described in this Paragraph 20, including without
limitation, any prorated amount that may be due and owing. Any and all compensation
awarded for any condemnation and/or taking, whether for the whole or a portion of the
Leased Property, shall be the sole property of Landlord, whether such compensation shall
be awarded for diminution in the value of, or loss of, the leasehold or for diminution in
the value of, or loss or, the fee in the Leased Property and/or otherwise. Tenant hereby
knowingly and voluntarily assigns to Landlord all of Tenant’s right, title and interest to
and in any and all such compensation. However, Landlord shall not be entitled to and
Tenant shall have the sole right to make its independent claim for and retain any portion
of any award made by the condemning governmental authority directly to Tenant for loss
of business, or damage to or depreciation of, and cost of removal of fixtures, personalty
and/or improvements installed in, on and/or to the Leased Property by, or at the expense
of Tenant, and to any other award made by the condemning governmental authority
directly to Tenant. In the event of any automatic termination of this Lease pursuant to
this Paragraph 20, Landlord and Tenant hereby agree that as of the date of such automatic
termination, both parties shall each be released by the other, from all liabilities,
obligations, duties, responsibilities and/or payments thereafter arising and/or pursuant to
this Lease, other than those liabilities, obligations, duties, responsibilities and/or
payments specifically identified as surviving any termination of this Lease.
21. Subordination. Tenant hereby acknowledges, understands and agrees that Tenant
accepts this Lease subject and subordinate to any mortgage, deed of trust, the
Declaration, Landlord’s applicable governing documents and/or any lien presently
existing and/or hereafter arising upon the Leased Property and to any renewals,
refinancing and/or extensions thereof. However, Tenant agrees that any such mortgagee
shall have the right at any time to subordinate such mortgage, deed of trust or lien to this
Lease on such terms and subject to such conditions as such mortgagee may deem
appropriate in its sole discretion. Landlord is hereby irrevocably vested with full power
and authority to subordinate this Lease to any mortgage, deed of trust or lien now existing
and/or hereafter placed upon the Leased Property, and Tenant hereby agrees upon
reasonable request from Landlord to execute any and all further instruments and/or
documents subordinating this Lease and/or attorning to the holder of any such liens. In
the event that Tenant should refuse and/or fail to execute any instrument of subordination
herein required by be executed by Tenant as requested by Landlord, Tenant hereby
irrevocably appoints and/or constitutes Landlord as Tenant’s attorney-in-fact to execute
such instrument in Tenant’s name, place and stead, it being agreed that such power and
10
authority is one coupled with an interest. Tenant hereby agrees that Tenant shall from
time to time upon request by Landlord execute and deliver to such persons as Landlord
shall request a statement in recordable form certifying that this Lease is unmodified and
in full force and effect, or, in the event there have been modifications, that the same is in
full force and effect as so modified. Any such statement shall state the dates to which
Rent and/or any other charges, fees and/or amounts payable by Tenant under this Lease
have been paid and further stating such other matters as Landlord shall reasonable
require.
22. Notice. Any notice required or permitted under this Lease shall be deemed
sufficiently given and/or served if sent by certified U.S. Mail, return receipt requested,
postage prepaid or by a nationally recognized overnight delivery service (UPS, Federal
Express, etc.), addressed to the parties as follows:
If to Landlord:
The Hamptons at Metrowest Condominium Association, Inc.
Attn: Board President
6401 Time Square Avenue
Orlando, Florida 32835
If to Tenant:
Metrowest Master Association, Inc.
Attn: Board President
6401 Time Square Avenue, Unit #_______
Orlando, Florida 32835
23. Waiver. No waiver of any breach and/or default by Landlord or Tenant hereunder
shall be implied and/or occur from any omission to take any action on account of such
breach and/or default, if such breach and/or default permits or is repeated, and no express
waiver shall affect any breach and/or default other than the breach and/or default
specified in the express waiver and that only for the time to the extent therein stated. One
or more waivers by Landlord or Tenant shall not be construed and/or taken as a waiver of
any subsequent breach and/or default of the same covenant, term, condition, provision,
obligation, responsibility and/or payment set forth in this Lease.
24. Memorandum of Lease. Landlord and Tenant hereby agree that this Lease shall
not be recorded in any public records, however, Landlord shall have the right to record a
memorandum of this Lease to be recorded in the Public Records of Orange County,
Florida for the purpose of giving record notice of the existence of this Lease.
25. Headings and Captions. The headings and/or captions used in this Lease are for
convenience only and shall not be used, considered and/or relied upon for any
interpretation and/or construction of any term, condition, provision, obligation,
responsibility and/or payment described and/or set forth in this Lease. Whenever used,
11
the singular shall include the plural, the plural shall include the singular and gender shall
include all genders.
26. Landlord’s Consent. Landlord hereby agrees that Landlord shall not
unreasonably withhold, condition and/or delay its consent with respect to any matter for
which Landlord’s consent is required or desirable, subject to the terms, conditions and/or
requirements of this Lease.
27. Time of the Essence. Landlord and Tenant hereby acknowledge, understand and
agree that time is of the essence for this Lease and in the performance of all covenants,
agreements, conditions, requirements, duties, obligations, responsibilities, terms and/or
payments to be complied with, performed, satisfied and/or fulfilled by the parties hereto.
Wherever a date specified in this Lease falls on a Saturday, Sunday or legal holiday (as
defined in Sections 683.01 and 682.02, Florida Statutes, as each may be renumbered
and/or amended from time to time), the date shall be extended to the next succeeding day
which is not a Saturday, Sunday or legal holiday.
28. Third Party Beneficiaries. Nothing in this Lease shall be construed and/or
understood to benefit any third parties that are not signatories to this Lease, and no such
parties shall have any right to enforce any of the provisions of this Lease.
29. Severability. Invalidation of any terms, conditions, covenants, provisions, duties,
obligations, responsibilities and/or payments of this Lease or any part, clause or word
hereof, or the application thereof in specific circumstances, by judgment or court order,
shall not affect and/or impair any other provisions, terms, conditions, covenants, duties,
obligations, responsibilities, payments and/or applications in other circumstances, all of
which shall remain in full force and effect. Any such term, condition, covenant,
provision, duty, obligation, responsibility and/or payment of this Lease that is invalidated
by judgment or court order shall automatically to be considered to be severed from this
Lease, and the remainder of this Lease shall remain in full force and effect.
30. Construction of Lease. This Lease shall not be construed and/or interpreted more
strictly against one party than against the other merely by virtue of the fact that it may
have been prepared by counsel for one of the parties. All the parties to this Lease
acknowledge and agree that all the parties have contributed substantially and materially
to the preparation of this Lease and have had the opportunity to review and contribute to
this Lease and consult their respective legal counsel as to the content herein.
31. Authority. Each of the individuals executing this Lease warrants and represents to
the other party that they have the full power and authority to execute this Lease and to
bind the entity for which they are executing this Lease and to the terms, conditions and
provisions set forth herein.
32. Counterpart Execution. This Lease may be executed in as many counterparts as
may be required and it shall not be necessary that the signature of, or on behalf of, each
12
party, or that the signatures of all persons required to bind any party, appear on each
counterpart. It shall be sufficient that the signature of, or on behalf of each party, or that
the signatures of the persons required to bind any party, appear on each counterpart. It
shall be sufficient that the signature of, or on behalf of each party, or that the signatures
of the persons required to bind any party, appear on one or more of such counterparts.
All counterparts shall collectively constitute a single agreement. Facsimile, scanned
and/or electronic signatures shall have the same force and effect as originals.
33. Entire Agreement. This Lease constitutes the entire agreement and understanding
of the parties with regard to the subject matter contained herein, and no statement, prior
agreement of any kind, prior understanding, prior lease, inducement, guarantee, warranty,
promise and/or representation not included herein of any party, their respective agents,
officers, directors, managers, attorneys and/or employee shall form any part hereof and/or
be binding upon any other party. The terms, conditions, duties, covenants, provisions,
obligations, responsibilities and/or payments of this Lease may be amended, modified
and/or revised only by a written instrument that has been signed by all the parties hereto,
or the respective successors, successors-in-interest and/or assigns of the parties hereto.
34. Governing Law. This Lease shall be construed, interpreted and/or controlled in
accordance with the laws of the State of Florida. Venue for any action related to, arising
from, associated with and/or connected with this Lease shall be the Ninth Judicial Circuit
in and for Orange County, Florida. In any action to enforce the terms, conditions,
provisions, duties, obligations, responsibilities, covenants and/or payments set forth in
this Lease, the predominately prevailing party shall be entitled to recover its reasonable
attorneys’ fees, paralegal fees, legal assistant fees, witness fees, consultant fees, expert
witness fees, costs and expenses incurred, including without limitation, prior to trial, at
trial, post-trial, at all appellate levels, mediation, arbitration, administrative proceedings,
collection proceedings, post-judgment proceedings and/or bankruptcy proceedings, from
the non-prevailing party.
35. Waiver of Jury Trial. Tenant and Landlord hereby knowingly and voluntarily
agree to waive any and all of their respective rights to a trial by jury for any and all
disputes, rights, claims and/or issues of any kind relating to, arising from, associated
with, connected with and/or pertaining to this Lease.
36. Brokers. No party to this Lease has acted as, by and/or through a real estate agent
and/or broker in the negotiation and/or execution of this Lease, and no commission is due
as a result.
37. Conference Rooms. Tenant shall have the opportunity to use from time to time
conference rooms and/or meeting spaces located in and/or on the Condominium;
provided, however, that Tenant reserves and/or schedules the use of any such conference
rooms and/or meeting spaces in advance with Landlord and/or Landlord’s duly
authorized agents. Tenant acknowledges, understands and agrees that any and all
conference rooms and/or meeting spaces are on a first-come, first served basis and there
is no guarantee that any conference room and/or meeting space will be available for use
13
at any given time. Tenant hereby acknowledges, understands and agrees that Landlord
shall have the right to charge and collect Tenant in advance a separate fee in the amount
of Fifty and No/100 Dollars ($50.00) in the event that Tenant’s use of such conference
rooms and/or meeting spaces located in and/or on the Condominium requires Landlord’s
staff, employees, agents and/or contractors to set up the conference rooms and/or meeting
spaces (the “Set-Up Fee”). Tenant further acknowledges, understands and agrees that
Landlord shall be entitled to charge and collect the Set-Up Fee from Tenant for each
qualifying event, meeting and/or use of any conference room and/or meeting space
located in and/or on the Condominium by Tenant. Further, Tenant understands,
acknowledges and agrees to indemnify and hold Landlord harmless of and from any and
all penalties, costs, attorneys’ fees, violations, fees, charges, fines, injuries, causes of
action, claims, suits, enforcement, damages and/or actions of any kind arising from,
related to, associated with and/or connected with Tenant’s use, occupancy and/or
possession of any such conference rooms and/or meeting spaces and/or the use of, access
to, travel upon and/or easement over that portion of the Condominium’s common
elements necessary for access to any such conference rooms and/or meeting spaces by
Tenant and/or Tenant’s employees, agents, officers, directors, invitees, licensees,
contractors, members, shareholders, staff, personnel and/or visitors.
38. Disclosure. Tenant hereby understands, acknowledges and agrees that Landlord
has disclosed to Tenant the existence of a pending lawsuit that has been filed in the
Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida with respect
to alleged construction defects in or at the Condominium. Tenant hereby further
understands, acknowledges and agrees that Tenant’s access and/or use of the Leased
Property may be restricted, reduced and/or prohibited during the Initial Term of this
Lease by Landlord and/or Landlord’s duly designated agents in the event that repairs,
construction, replacement, renovation and/or refurbishment of the Leased Property and/or
the immediate vicinity of the Leased Property are desired, are necessary and/or are
required. Landlord hereby agrees to provide Tenant with thirty (30) days prior written
notice of any repairs, construction, replacement, renovation and/or refurbishment of the
Leased Property and/or the immediate vicinity of the Leased Property that would restrict,
reduce and/or prohibit Tenant’s access and/or use of the Leased Property. Tenant shall
be relieved from paying Rent during any portion of the Initial Term of this Lease during
which the Leased Property is inoperable and/or unfit for occupancy and/or use related to,
arising from and/or associated with any such repairs, construction, replacement,
renovation and/or refurbishment. Tenant shall receive a credit on ensuing installments, if
any, of Rent for any Rent paid in advance for any such period of time that the Leased
Property is inoperable and/or unfit for occupancy and/or use. If no ensuing installments
of Rent are to be made, any such Rent paid in advance shall be refunded to Tenant by
Landlord, but only for the period of time that the Leased Property is inoperable and/or
unfit for occupancy and/or use.
[SIGNATURES BEGIN ON FOLLOWING PAGE]
14
IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease as of the day
and year first written above.
WITNESSES:
LANDLORD:
___________________________
THE HAMPTONS AT METROWEST
CONDOMINIUM ASSOCIATION, INC.,
a Florida not for profit corporation
Print Name:___________________
By:________________________________
____________________________
Print Name:__________________________
Print Name:___________________
Title:_______________________________
TENANT:
METROWEST MASTER
ASSOCIATION, INC., a Florida not for
profit corporation
___________________________
Print Name:___________________
By:________________________________
____________________________
Print Name:__________________________
Print Name:___________________
Title:_______________________________
15
Critical Intervention Services, Inc.
13777 Belcher Road South, Largo, Florida 33771
Office 727-461-9417 * Fax 727-449-1269
www.cisworldservices.org
Florida "B" License: B9200107
SERVICE AGREEMENT
1
PARTIES: The parties identified immediately below enter into this Service Agreement (the “Agreement”) to become effective upon execution with services to
begin as in Article 2A of this Agreement.
The first or consulting party, or “CIS”:
Critical Intervention Services, Inc.,
A Florida corporation, having a principal place of business at
13777 Belcher Road South, Largo, FL 33771
2
STATEMENT AND SCOPE OF SERVICES:
A
CIS shall provide a CIS employee to serve as “Director of Public Safety” (“Director”) for Client.
i)
ii)
iii)
iv)
v)
3
The second party, or “Client”:
MetroWest Master Association, Inc.
A Florida corporation, having a principal place of business at
6401 Time Square Avenue, #A1, Orlando, FL 32835
The Director’s term shall begin as of the date this Agreement is fully executed and end after one year. It shall renew automatically for up to four
successive one year periods (for a possible total of five years) unless either party notifies the other, not less than sixty days prior to the end of the
existing term, that the party does not wish to renew or unless this Agreement is terminated prior to expiration of the original term pursuant to the
provisions of Article 4(C ) of this Agreement, below.
The Director shall assist Client in coordinating the overall public safety effort of Client.
The Director is not contracted or expected to provide, perform, coordinate, or have any supervisory oversight over any security services.
To support the Director and for the Director’s use, client shall:
(1) Provide dedicated and furnished office space with sufficient security to maintain confidential documents and files.
(2) Provide power and an internet connection.
(3) Provide a computer, unless CIS, at its sole discretion, provides its own computer.
The Director shall be an employee or contractor of CIS. No employment or agency relationship shall exist or be construed to exist between Client and
CIS or Client and the Director. Director shall be an employee or contractor of CIS and the only relationship between CIS, Director, and Client is this
Agreement.
B
CIS shall assign only those personnel who have the necessary credentials or experience to perform the services contemplated in this Agreement. CIS may, at
its sole discretion, contract or consult with subcontractors or other parties, who have the necessary credentials or experience, to perform the services
contemplated in this Agreement.
C
If Client REQUIRES CIS participation or association with any third-party agency for vendor compliance, document management, or any other service not
expressly identified in this Agreement, and CIS necessarily incurs fees or costs for such participation, Client shall pay or reimburse CIS for any and all such
fees or costs, upon demand from CIS. If Client fails to pay or reimburse CIS for such fees or costs, CIS shall have no obligation to pay or incur them on its
own and a failure of CIS to pay or incur such fees or costs on its own shall not be considered a breach of this agreement.
D
Except for any disputes between the parties, Client will pay CIS a rate of $150.00 per hour for all time expended in connection with preparing for or
attending a deposition, hearing, trial, or any other legal proceeding in any criminal or civil case in any way connected with or relating to the services
contemplated in this Agreement.
PAYMENT AND BILLING PROCEDURES:
A
Client and CIS agree to the following (only checked lines apply):
X
RETAINER: Client agrees to pay CIS a retainer in the amount of $__________. CIS shall apply this retainer to services performed. At the depletion
of the retainer, CIS may request an additional retainer or to bill the client as otherwise indicated in this article of this Agreement. If services are
completed or terminated prior to the depletion of the retainer, the remaining retainer funds will be reimbursed to the Client within thirty days.
DEPOSIT: Client agrees to pay CIS a deposit in the amount of $__________. This deposit is not refundable.
FLAT RATE: Client agrees to pay CIS a flat rate of $__________. The entire amount of such payment is due prior to the commencement of any
services.
INSTALLMENT: Client agrees to pay CIS a total sum of $85,000 per year, in 52 installments per year of $1634.62. Installment payments shall be
due immediately upon Client’s receipt of an invoice submitted by CIS. Should the services contemplated in this Agreement be cancelled prior to its
scheduled date of termination, CIS shall invoice for, and client shall pay, a final installment, the amount of which shall be prorated by whole day for
days of services provided since the end date of the last installment period.
BY DELIVERABLE: Client agrees to pay CIS a set rate per deliverable as identified immediately below. Such payment shall be due upon Client’s
receipt of the deliverable.
$
NA
HOURLY: Client agrees to pay CIS a set rate or $__________ per ____. Payment shall be due upon Client’s receipt of timesheets submitted by
CIS.
CIS Service Agreement: Director of Public Safety
CIS Initials
Client Initials
X
4
EXPENSES: Client agrees to pay reasonable expenses. Payment shall be due upon Client’s receipt of an itemized invoice from CIS for such
expenses. Expenses shall include:
1. Mileage: Client shall reimburse CIS for all mileage incurred performing the services contemplated in this Agreement, less transit between the
CIS employee’s home and the Client or project site. Mileage shall be reimbursable at the prevailing rate published by the Internal Revenue
Service on the date the mileage is incurred.
2. Travel: Client shall reimburse CIS for all pre-approved travel expenses incurred performing the services contemplated in this Agreement.
Travel expenses shall include fares for airlines or any other common carrier and a per diem of $35.00 (thirty five US dollars) for every
calendar day, including any partial calendar day, traveling. Client must approve travel in advance and reimbursement for travel expenses shall
be at cost.
3. Meals and Entertainment: Client shall reimburse CIS for all pre-approved business related meals and entertainment incurred performing the
services contemplated in this Agreement. Reimbursement for business meals and entertainment shall be at cost.
4. Community Events: Client shall reimburse CIS for all expenses incurred in organizing or facilitating community events conducted as part of
the overall public safety effort as contemplated in this Agreement. Client must approve such expenses in advance and reimbursement for
community events shall be at cost.
B
All invoices are due when rendered.
C
All balances more than thirty days old will be subject to a service charge of 1.5% per month applied to the overdue balance.
D
Client will pay a $50.00 service charge for checks returned due to insufficient funds.
CANCELLATION AND SUSPENSION:
A
Either party may cancel this Agreement for cause by mailing a 60-day written notice to the other party, during which time the other party shall have an
opportunity to cure. For the purposes of this clause of this Agreement, ‘cause’ shall be interpreted to include a material breach of this Agreement, gross
misfeasance or gross nonfeasance of the responsibilities or duties imposed by this Agreement, or any difference between the parties that threatens a material
breach, gross misfeasance, or gross nonfeasance if not reconciled and which cannot be reconciled after the best efforts of both parties.
B
CIS may suspend its provision of services during any period of time when the Client is in default of its payment obligations. Such suspension may be only
after CIS provides Client with written or telephonic notice at least 24 hours in advance of the suspension taking effect, during which time Client shall have
the opportunity to cure.
C
Client may terminate this Agreement, with or without cause, at the end of any twelve month period beginning from the effective date hereof, by providing
written notice to CIS clearly stating Client's intent to so cancel. Such notice shall be provided at least sixty days prior to the expiration of said twelve month
period.
5
INSURANCE: CIS shall maintain insurance coverages as mandated by the state in which services are provided, according to the laws of that state. Any
subcontractors used by CIS for any of the services contemplated in this Agreement shall maintain coverages as required by CIS. Additional coverages, as
indicated by the services contemplated in this Agreement, may be obtained as indicated in an addendum to this Agreement.
6
INTELLECTUAL PROPERTY: During the performance of the services contemplated in this Agreement, the parties may share information with one another that
may include trade secrets, technical data, customer/client/resident/tenant/employee/etc lists, trademarks or trademarked material, copyrights or copyrighted
material, patents, or other such information. Ownership of such information shall remain at all times with its original owner with the other party being granted
only such use as may be necessary to perform the services contemplated in this Agreement. Except for information already in the public domain or that has
already been disclosed by the party that owns such information, the party that does not own such information shall make its best efforts to ensure the
confidentiality and non-disclosure of such information, as if it were its own, except as may be necessary to perform the services contemplated in this Agreement.
Should any such disclosure be so necessary, the party that seeks to disclose the information shall provide advance notice to the party that owns the information.
The party that owns the information shall be allowed a reasonable opportunity to object to such disclosure, such objection not to be offered unreasonably, in which
case no such disclosure may be made. If the services contemplated in this Agreement require the disclosure of such information, the parties shall revise the scope
of services, as in Article 2A of this Agreement, as necessary to account for the non-disclosure of such information.
The parties shall share only that information they own or have a license or other agreement to share. The sharing party shall indemnify and hold harmless the other
party for any claims brought by a third party for unauthorized use of information owned by such third party.
Should either party be ordered by a court of competent jurisdiction to disclose any information in its possession that is owned by the other party, the ordered party
shall notify the other party of the order immediately. The ordered party shall not interfere with any objections to such disclosure raised by the party that owns the
information and shall not disclose such information unless and until those objections are overruled or they are otherwise directed by a court of competent
jurisdiction to disclose such information.
Unless specifically identified in Article 2A of this Agreement, no works created as part of or incidental to the services performed under this agreement, to include
written works, audio or video works, works in any media or form, technical drawings or schematics, shall be considered works for hire. Ownership of such works
shall remain with their creator. Nothing in this section shall prohibit the parties from entering into a separate agreement to purchase, license, or otherwise allow
the use of such works.
The parties shall execute such agreements or instruments with their agents, employees, or subcontractors as may be necessary to effect these provisions.
CIS Initials
Client Initials
6
REPRESENTATION AND USE OF MARKS: Neither party may use the other party’s name or acknowledge the relationship contemplated in this Agreement in
any press release, media statement, or public communication or otherwise publicize any aspect of this Agreement. Neither party shall use the other party’s name,
logos, trademarks, service marks, trade names, or trade secrets in any way, to include the name, logos, trademarks, service marks, trade names, or trade secrets of
any subsidiaries or affiliates. Nothing in this Agreement shall be construed to suggest either party grants to the other party any license or rights with respect to any
of the forgoing. Notwithstanding any limitation of liability that would otherwise apply to a breach of this article, an offended party shall be entitled to all damages,
whether or not considered consequential or incidental, that arise out of a breach of this article.
7
NON-SOLICITATION BY CLIENT OF CIS PERSONNEL: Client acknowledges that CIS invests considerable expense to recruit and train its employees, has
imparted them with unique and specialized knowledge, and that this expense and knowledge have value, just compensation for which is difficult or impossible to
determine.
A
Client agrees that it will not solicit for employment, any person who is employed by CIS, nor shall it hire any person who was employed by CIS within one
year of the anticipated hire date. For the purposes of this section of this Agreement solicitation for employment shall also include solicitation for any work as
an independent contractor, as a consultant, or in any other such capacity where our employee or former employee is providing some good or service to Client
in return for any compensation from Client, whether directly or indirectly, that is outside the existing employer-employee relationship CIS has or had with
the current or former employee or is outside the existing relationship of the parties to this Agreement. Hiring a current or former employee of CIS, as
contemplated in this section of this Agreement, shall constitute a material breach of this Agreement and CIS shall be entitled to enforce its rights and seek
relief both in law and equity. It is further agreed to by the Parties hereto that CIS shall be entitled to the entry of immediate injunctive relief against Client
for any breach of threatened breach of this provision.
B
Client recognizes that current and/or former employees of CIS are under a restrictive covenant or covenants with CIS and that these restrictive covenants
may include terms that prohibit the current or former employee of CIS from soliciting or accepting employment with Client. Client shall not interfere with
any effort of CIS to enforce the terms of any such restrictive covenant. Client shall hold CIS harmless from any loss or damages that may incur to Client as a
result of CIS enforcing any such restrictive covenant. Client hereby acknowledges the existence of these restrictive covenants and agrees that Client is on
notice of the existence of the restrictive covenants.
C
Notwithstanding any provisions of this section of this Agreement or the provisions of Article 3 of this Agreement, Client agrees that a fixed sum as
liquidated damages in the amount of fifty thousand dollars ($50,000) bears a reasonable relationship and is proportionate to the value of the expense and
knowledge loss to CIS when a CIS employee is hired by Client as contemplated in this section of this Agreement and agrees to compensate CIS by that
amount, cumulatively or in addition to any other sanctions or relief that may be imposed.
This clause shall survive this agreement by a period of one year and shall extend for any length of time Client is in breach of any of its provisions.
8
MUTUAL INDEMNIFICATION:
A
CIS agrees, to the fullest extent permitted by law, to indemnify and hold harmless Client, its officers, directors and employees (collectively, Client) against
all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by any wrongful or negligent act of CIS or its
agents or employees in the performance of professional services under this Agreement.
B
Client agrees, to the fullest extent permitted by law, to indemnity and hold harmless CIS, its officers, directors, employees and agents (collectively, CIS)
against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by any wrongful or negligent act by
Client in connection with the performance of this Agreement.
9
FORCE MAJEURE: Any delays in or failures of performance by CIS will not constitute default hereunder or give rise to any claims for damages, if and to the
extent such delays or failures of performance are caused by occurrences of Force Majeure. For purposes of this Service Agreement, Force Majeure is defined as
any act, event, or circumstance that is not reasonably within the control of CIS and that, by the exercise of due diligence, CIS will not have been able to avoid or
overcome, including without limitation, acts of God, acts of the public enemy, Laws and Regulations, wars or warlike action (whether actual or impending) arrests
and other restraints of government (civil or military), blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, sabotage, named tropical
storms and hurricanes, civil disturbances, tidal waves, explosions, confiscation or seizure by any government or other public authority, strikes, lockouts, wars or
warlike actions (whether actual or impending), arrests and other restraints of government (civil or military), and any other causes, whether of the kind herein
enumerated or otherwise, that are not reasonably within the control of CIS and that could not have been overcome by the exercise of ordinary diligence. CIS will
notify the Client with reasonable promptness of the existence of any such Force Majeure and the probable duration thereof, and will provide the Client from time
to time with updated information concerning same. CIS will make reasonable efforts to remove the cause of Force Majeure or continue to provide services under
its circumstances.
10
RULES OF CONSTRUCTION:
11
A
This Agreement shall be construed according to the laws of the State of Florida.
B
Titles and headers within this Agreement are for reference only and shall not be construed to have any other meaning.
C
If any part of this Agreement is found to be illegal or unenforceable, both parties agree that the remaining terms of this Agreement will remain in full force
and effect and, that all terms of this Agreement shall be construed, where possible, to provide full enforcement of the Agreement.
D
The rule of construction that ambiguities will be resolved against the drafting party shall not apply in the interpretation of this Agreement.
PARTIES, SUCCESSORS, AND ASSIGNS: This Agreement shall be binding on the heirs, executors, administrators, legal representatives, successors, and
assigns of the respective parties. The parties shall ensure appropriate notice of this Agreement and its provisions is provided to all such of their heirs, executors,
administrators, legal representatives, successors, and assigns. This Agreement shall not be binding and shall not confer any rights to any claims or any remedies
upon any resident, patron, employee, invitee, guest, vendor, or any other person or entity not a party to this Agreement.
CIS Initials
Client Initials
12
NOTICES: Any notice to be given pursuant to this Agreement will be given in writing to the address of the applicable party shown in Article 1 of this Agreement,
by certified mail, return receipt requested. Notice will be effective on the earlier of i) three days after mailing (exclusive of Sundays and federal holidays), or ii)
on the date shown on the return receipt that the receiving party signed for the delivery. Either party can change the address where it is to receive future notices by
notifying the other party (as provided in this article) of the new address.
13
ENTIRE AGREEMENT AND AMENDMENT: This Agreement represents the entire understanding and agreement between the parties with respect to the
subject matter hereof, and supersedes all other negotiations, understandings, and representations (if any) made by and between such parties such as, but not limited
to, any statements or representations made in marketing or sales materials, video or audio materials or presentations, proposals, written or electronic letters or
correspondence, formal or informal presentations, articles, stories, or accounts, or any verbal claims, assertions, or agreements. If this agreement is attached as an
addendum or exhibit to any other agreement, this agreement shall be superior and controlling in the event of any conflict. Except as provided herein, this
agreement may not be amended, waived, or changed orally, but only through a written instrument signed by the parties and making specific reference to this
agreement.
14
INDEPENDENT COVENANTS: The covenants set forth herein shall be construed as agreements independent of any other provision in any other agreement by,
between, among, or affecting CIS and Client, and the existence of any claim or cause of action of Client against CIS, whether predicated on the Agreement or
otherwise, shall not constitute a defense to the enforcement of this Agreement.
15
CONSENT TO JURISDICTION AND VENUE: Client consents to personal jurisdiction and venue, for any action brought by CIS arising out of a breach or
threatened breach of this Agreement, in the United States District Court for the Middle District of Florida, Orlando Division, or in the Circuit Court in and for
Orange County, Fl. Client agrees that any action arising under this Agreement or out of the relationship established by this Agreement shall be brought only and
exclusively in the two referenced courts. Client agrees to pay any and all attorney’s fees or costs incurred by CIS necessary to enforce any of the terms of this
Agreement, regardless of venue, unless the matter is settled or CIS does not prevail.
16
WAIVER OF JURY TRIAL: Client agrees that any controversy which may arise under this Agreement or out of the relationship established by this Agreement
would involve complicated and difficult factual and legal issues and that, therefore, any action brought by either party, alone or in combination with others,
against CIS, whether arising out of this Agreement or otherwise, shall be determined by a Judge sitting without a jury.
17
EXECUTION:
CLIENT: MetroWest Master Association, Inc.
CRITICAL INTERVENTION SERVICES, INC.:
Signature
Signature
Printed Name
Printed Name
Title
Title
Date
Date
CIS Initials
Client Initials
PUBLIC
COMMENTS TO
AGENDA
ITEMS
READING OF
PREVIOUS
MINUTES
METROWEST MASTER ASSOCIATION,
INC.
A Corporation Not-for-Profit
MINUTES OF
MEETING OF THE BOARD OF DIRECTORS
Date:
Time:
Location:
April 7, 2014
5:30 pm
Hamptons at MetroWest
6401 Time Square Ave, A-2
Orlando, FL 32835
I. ESTABLISH A QUORUM
A quorum of Board of Directors was established. Present were the following Board Members:
Jim Drayton, President
Rudy Bell, Secretary/Treasurer
Absent: Howard Levene, Vice President
Present was the following Management:
Julie Sanchez, LCAM-MWMA Property
Brandy Posey-MWMA Administrative Assistant
Present was the following Legal Counsel:
Jim Byrd & Robin Byrd, Byrd & Byrd
II.
CALL TO ORDER/ PROOF OF NOTICE
Meeting was called to order and was held on the date, time and at the place set forth in the Notice
of Meeting fixing such time and place, and attached to the Minutes of this Meeting. The meeting
was announced that proof of notice was delivered and posted at Publix located at 2435 S. Hiawassee
Road, Orlando, FL 32835, forty-eight (48) hours prior to the Meeting. The President called the meeting
to order at 5:31 p.m.
III. SECRETARY
Brandy Posey was appointed as Secretary for the Meeting for the sole purpose of taking the Minutes of the
Organization.
IV. ORDER
Followed Robert’s Rules of Order, incorporating Board-approved amendments to Board meeting structure.
V.
PUBLIC COMMENTS TO AGENDA ITEMS
None.
VI. READING OF MINUTES OF PREVIOUS MEETING(S)
a. Approval of 01/15/14 Board Meeting Minutes
b. Approval of 01/15/14 Strategy Board Meeting Minutes
Rudy Bell made a motion to dispense with the reading of the 01/15/14 Open Board Meeting and 01/15/14
Strategy Board Meeting Minutes and approve, seconded by Jim Drayton, and was unanimously carried.
VII. NEW BUSINESS
a. MWMA Public Safety
Rudy Bell made a motion to approve the Critical Intervention Services, Inc. Service Agreement,
seconded by Jim Drayton, and was unanimously carried.
Rudy Bell made a motion to ratify the 02/03/14 MWMA Public Safety Budget, seconded by Jim Drayton,
and was unanimously carried.
XIII. ADJOURN
Jim Drayton made a motion to adjourn the meeting at 5:38 p.m., seconded by Rudy Bell, and was
unanimously carried.
Respectfully Submitted By:
Name
Title
Date
Title
Date
Board Signature:
Name
MANAGEMENT
REPORT
MONTHLY MANAGEMENT REPORT
METROWEST MASTER ASSOCIATION, INC.
MANAGEMENT REPORT
JULIE SANCHEZ, LCAM
DATE: 4/1/2014-4/30/2014
DISTRIBUTION:
TITLE
METHOD
Jim Drayton
President
E
Howard Levene
Vice President
E
Rudy Bell
Secretary/Treasurer
E
Carl Shakarian
Developer
E
Dan Fournier
Regional Director
E
Method of distribution: Fax (F), E-mail (E), Mail (M), Hand Delivered (H)
Prepared by FirstService Residential
All rights reserved
Page - 1 -
Monthly Management Report
I. FINANCIAL REPORT:
MONTH OF: April 2014
 Bank United Operating Cash:
Prior Balance
Increases/ Decreases
Current Balance
215,810
229,453
445,263
 Bank United Future Capital Improvement
Prior Balance
Current Balance
248,033
(190,735)
57,298
 US Bank Future Capital Improvement
Prior Balance
161,493
Current Balance
27
161,519
 BMO Future Capital Improvement
Prior Balance
243,740
Current Balance
20
243,760
 Receivables:
Maintenance Assessments receivable amount:
Special Assessments receivable amount:
419,027
N/A
 Budget Expense Variance / Net Income:
Current Month Expense Variance
132,285
Year to Date Expense Variance
(178,175)
Year to Date Net Income (loss)
(193,099)
All rights reserved
Page - 2 -
All rights reserved
Page - 2 -
 Explanation of Line Items with Significant Variance to Budget
Line Item
Budget Variance
Explanation
50045 06 Legal FeesLitigation
(13,782)
Byrd/Hollis, Schoene/Member, Baker/final Rosenberg
50103 Loan Interest
( 6,211)
Irrigation Project – Loan Interest
60085 Lake Maintenance
(21,842)
Pond #10 Clean up
61047 Public Safety
(17,699)
Off Set in Security Services GL 61045 00
65030 On Site Management
( 1,909)
Extra week-will work out annually
70045 R&M Electrical
( 5,082)
Westgate Monument Electrical-Upfront work annualized
 List of Delinquent Accounts
The Delinquent Accounts Report can be found on FirstService Residential Connect.
II. FINANCIAL NOTES:
 Pond #10 Veranda Park clean up expense in 2013 Hydrilla $17,200, physical vegetation
removal $4,200 and ongoing maintenance addition $240 (Contract now $915/mo). 2014
$52,500 and 2015 $52,500 (cattail and weed/debris removal).
April Notes: Clean up going well. Surveys performed by Veranda Park and LaPalazza indicating
some additional work needed. Approximately $3000
 Potential threatened litigation from Palma Vista will increase the Legal Fees-Litigation
50045 06.
 Public Safety Initiative commenced in April. Agreement and Budget approval on 4/7/14.
Program to be evaluated by MWMA Board for potential additional funds for 2015.
All rights reserved
Page - 3 -
III. ADMINISTRATION:
04/01/14 Sent out the MW Matters to the entire membership and MWMA BOD via Constant
Contact.
04/03/14 Sent out JazzFest Event information to the entire membership and MWMA BOD via
Constant Contact.
04/04/14 Sent out Open Board Meeting Notice and Agenda for 04/07/14 to the entire
membership and MWMA BOD via FSR Connect.
04/08/14 Sent out New Website information to the entire membership and MWMA BOD via
Constant Contact.
04/09/14 Sent out West Orange Chamber BestFest Event at Veranda Park on 4/10/14 to the
entire membership and MWMA BOD via Constant Contact.
04/14/14 Sent out Fine/Hearing Meeting Notice for 04/17/14 to the entire membership and
MWMA BOD via Constant Contact.
04/14/14 Sent out Design Review Board Notice for 04/17/14 to the entire membership and
MWMA BOD via Constant Contact.
04/18/14 Sent out reminder notices for Public Safety presentations for COA/APTs and HOAs
on 4/23/14.
04/19/14 Sent out MWGC Easter Brunch to the entire membership and MWMA BOD via
Constant Contact.
04/24/14 Sent out Closed Board Meeting Notice and Agenda for 04/28/14 to the entire
membership and MWMA BOD via FSR Connect.
04/25/14 Sent out reminder notices for Public Safety presentations for COA/ATPs on 4/29/14.
 Call Log Report:
The Call Log Report can be found on FirstService Residential Connect.
 Violations:
The Violations Report can be found on FirstService Residential Connect.
 Architectural Modifications:
The Architectural Modification Log can be found on FirstService Residential Connect.
IV. PROJECT UPDATE AND STATUS:
 Administrative Projects:
Create 2014 Spreadsheet for 2014 Member Budgets, Docs, & Board Members: 50%
Create Member Registry w/Board Members: 75%
Create Ad Binder for Newsletter, Website and Mobile App: 75%
Public Safety Program: 80%
Create Binder for MWMA Public Safety: 95%
Create Office Inventory spreadsheet w/pricing: 90%
Irrigation Computer Setup: 50% Need to add clocks as project continue and training
MWMA Office Member File Update: 75% complete
Create & Organize Pond Binders: 75%
SummerFest: 50%
Mobile Application: 50%
Web Application: 100%

All rights reserved
Page - 4 -
 Maintenance Projects:
Irrigation Upgrade: Irrigation Upgrade has began. Phase 1: Lake Vilma & Westpointe
Blvd complete. Phase 2: Hiawassee from Westpointe Blvd to MetroWest Blvd
commenced (punch walk 5/1/14). Phase 3: MetroWest Blvd commenced. April meeting
4/24/14 completed.
Evaluation of Veranda Park Pond: Jim Byrd completed the final evaluation of Pond 10.
Opinion rendered that water is MWMA and bank edges is property owners to maintain.
Working with VPIA and LaPalazza for cleanup. Sitex and American Ecosystems is handling
MWMA portion. LaPalazza and Veranda Park both in compliance. MWMA to continue in
2014 through 2015 to complete entire clean up of pond.
Quarterly Roundtable Meetings:
Public Safety roundtables with HOA Presidents and COA/Apt Manager/Owners to commence
in April 2014. April meetings completed. Quarterly alliance roundtables will be scheduled in
June forward.
V. BIDS AND PROPOSALS:
 Recommendations for Board Review:
None at this time.
VI. MANAGEMENT RECOMMENDATIONS:
 Management Recommendations:
Reorganize, rebrand and strategize new Public Safety initiatives in progress.
Consider alternative management and public safety office space.
Create new Rules & Regulations for MWMA.
Update MWMA Development Guidelines.
Review Governing Docs for update/amend.
Redefine Fine/Hearing Guidelines.
Redefine Election process.
Potential threatened litigation from Palma Vista will increase the Legal Fees-Litigation
50045 06. Prepare accordingly and project for potential increase in 2015.
VII. SCHEDULED EVENTS:












Meetings and Events attended since last Board Meeting:
04/02/14 Summer JazzFest Campaign Meeting.
04/03/14 Irrigation Drive-Thru Inspection.
04/03/14 Engage Mobility Conference Call.
04/04/14 Closed Board Meeting.
04/07/14 Summer JazzFest Meeting.
04/07/14 Open Board Meeting.
04/08/14 MWGC JazzFest Venue Layout Meeting.
04/09/14 Pond #10 Evaluation Meeting with American Ecosystems.
04/10/14 BestFest Event.
04/11/14 FSR Manager Meeting.
04/14/14 JazzFest Campaign Meeting.
04/14/14 Byrd & Byrd Task List Review.
All rights reserved
Page - 5 -














04/15/14 MWGC JazzFest Walk-Thru Meeting.
04/16/14 Landscape Drive-Thru.
04/17/14 Fine/Hearing Meeting.
04/17/14 DRB Meeting.
04/19/14 Altamonte Springs Jazz Jams Event.
04/21/14 The Element Property Visit Meeting.
04/23/14 COA/APT Public Safety Presentation Meeting.
04/23/14 HOA Public Safety Presentation Meeting
04/24/14 Newberg Irrigation Meeting.
04/29/14 COA/APT Public Safety Presentation Meeting.
04/30/14 Landscape Drive-Thru.
04/30/14 West Orange Chamber Lead & Feed Luncheon at MWGC.

















Upcoming Meeting Dates:
05/01/14 Irrigation Drive-Thru.
05/02/14 Florida Communities of Excellence.
05/05/14 Public Safety Meeting with OPD.
05/06/14 Byrd Meeting.
05/08/14 Crisis Management Plan Meeting.
05/12/14 Meeting with Eti-Keys Youth Program.
05/13/14 JazzFest Meeting.
05/13/14 Fine/Hearing Meeting.
05/13/14 DRB Meeting.
05/14/14 Palma Vista Mediation.
05/15/14 MWGC Fence Meeting.
05/17/14 MetroWest Elementary Event.
05/20/14 Open Board Meeting.
05/22/14 Irrigation Meeting.
05/23/14 FSR Manager Meeting.
Board Notifications:
Office projected to be closed on Memorial Day, May 26, 2014.
Julie Sanchez will be out of the office May 27, 2014.
Brandy Posey will be out of the office May 29, 2014.
All rights reserved
Page - 6 -
FINANCIAL
REPORT
FINANCIAL STATEMENTS
For the period ending
April 30, 2014
FOR MANAGEMENT PURPOSES ONLY
Notes: 1. Please note that effective January 1, 2013 - for all accounts, FDIC coverage is $250,000 per
depositor at FDIC insured institutions.
2. Financial information is provided for owners who are members of this association only. The information
is believed to be accurate as of the date the documents are posted. Any owner receiving this information
shall not use the information in any way which is inconsistent with the requirements of governing state or
federal law.
05/13/2014 10:23:03 AM
Standard_Balance_Sheet
0T03 METROWEST MASTER ASSOCIATION,
INC.
04/30/2014
FIRSTSERVICE RESIDENTIAL
C/O FIRSTSERVICE RESIDENTIAL
Hollywood FL 33020
Account
Description
As of
Apr
Prior Month
Inc/(Dec)
445,263
57,298
161,519
243,760
1
419,027
(39,928)
19,601
4,500
250
215,810
248,033
161,493
243,740
0
410,340
(39,928)
21,609
14,906
250
229,453
(190,735)
27
20
1
8,686
0
(2,009)
(10,406)
0
**TOTAL CURRENT ASSETS
$1,311,290
$1,276,253
$35,037
**TOTAL ASSETS
$1,311,290
$1,276,253
$35,037
2,074
25,674
154,265
2,024
23,473
170,934
50
2,202
(16,670)
$182,013
$196,430
($14,418)
798,674
462,577
690,088
653,265
108,586
(190,688)
**TOTAL OTHER LIABILITIES
$1,261,251
$1,343,353
($82,102)
**TOTAL LIABILITIES
$1,443,264
$1,539,784
($96,520)
**MEMBERS EQUITY
38880
Fund Balance
Current Year Net Income/(Loss)
54,925
($186,899)
54,925
($318,456)
0
$131,557
**TOTAL MEMBERS EQUITY
($131,974)
($263,530)
$131,557
**TOTAL LIABILITIES & EQUITY
$1,311,290
$1,276,253
$35,037
ASSETS
**CURRENT ASSETS
10010 13
10015 13
10015 168
10018
10019
10300
10390 00
10500
10505
10005
Cash-Operating - Bank United
Cash-Future Capital Improvements - Bank United
Cash-Future Capital Improvements - US Bank
Cash-BMO Harris Bank
Cash-BMO Harris Bank Funding Account
Accounts Receivable
Allowance/Bad Debts
Prepaid Insurance
Prepaid Expenses
Petty Cash
LIABILITIES
**CURRENT LIABILITIES
20005
Collection Fees Due
20010
Accrued Expenses
20100
Prepaid Assessments
**TOTAL CURRENT LIABILITIES
**OTHER LIABILITIES
24003
Loan Payable-BMO Harris
24100
Future Capital Improvements
EQUITY
Page 1 of 1
05/13/2014 10:26:29 AM
Income_Statement_w_Annual_Budget
INC.
04/30/2014
Hollywood FL 33020
Account
Description
**REVENUE
40000
40001
40014
40025
40065
40078
40080
40090
41004
41040
41106
Owner Assessments
Maintenance Fee Expense
Legal Fee Income
Returned Check Fees
Violation Fees
Late Fee Interest
Interest Income
Miscellaneous Income
Signage Income
Marketing Activities
ARC Review
**TOTAL REVENUE
Apr Actual
Apr Budget Apr Variance YTD Actual YTD Budget
Variance Year Budget
183,797
471
593
0
1,000
4,336
1
0
800
750
650
183,797
0
1,750
8
83
1,000
0
0
1,054
6,667
417
0
471
(1,157)
(8)
917
3,336
1
0
(254)
(5,917)
233
735,188
0
2,516
90
1,000
16,936
1
900
4,150
750
2,650
735,188
0
7,000
32
332
4,000
0
0
4,216
26,668
1,668
0
0
(4,485)
58
668
12,936
1
900
(66)
(25,918)
982
2,205,563
0
21,000
100
1,000
12,000
0
0
12,650
80,000
5,000
$192,398
$194,776
($2,378)
$764,180
$779,104
($14,924)
$2,337,313
0
852
20
0
25,000
68
3,680
0
0
0
6,343
106
342
10,000
0
0
5,852
0
0
881
628
500
833
0
83
25,000
0
8,333
7
5
50
4,333
208
75
10,375
833
0
6,333
208
67
642
200
500
(19)
(20)
83
0
(68)
4,653
7
5
50
(2,010)
102
(267)
375
833
0
481
208
67
(239)
(428)
950
852
0
0
100,000
543
47,114
0
61
582
7,343
543
401
40,000
0
6,211
23,087
0
2
2,788
628
2,000
3,332
0
332
100,000
0
33,332
28
20
200
17,332
832
300
41,500
3,332
0
25,332
832
268
2,568
800
1,050
2,480
0
332
0
(543)
(13,782)
28
(41)
(382)
9,989
289
(101)
1,500
3,332
(6,211)
2,245
832
266
(220)
172
6,000
10,000
0
1,000
300,000
0
100,000
80
65
600
52,000
2,500
900
124,500
10,000
0
76,000
2,500
800
7,700
2,400
$53,771
$58,085
$4,314
$231,105
$232,340
$1,235
$697,045
494
126
1,388
692
200
1,279
198
74
(109)
2,275
507
6,088
2,768
800
5,116
493
293
(972)
8,300
2,400
15,350
$2,009
$2,171
$162
$8,871
$8,684
($187)
$26,050
64
1,756
3,037
9
100
2,500
7,750
225
36
744
4,713
216
266
3,637
16,643
761
400
10,000
31,000
900
134
6,363
14,358
139
1,200
30,000
93,000
2,700
$4,866
$10,575
$5,709
$21,306
$42,300
$20,994
$126,900
EXPENSES
**ADMINISTRATIVE
50005
Accounting Fees
50010
Advertising
50015
Bank Charges
50022
Computer Maint/Supp
50045 00
Legal Fees
50045 04
Legal Fees - Collections
50045 06
Legal Fees - Litigation
50051
Licenses And Taxes
50053
Corporate Annual Rep
50055
Committee Funds
50059
Marketing Events
50075
Office Supplies
50080
Postage
50090 10
Prof Fees - Consultants
50099
Misc.-Donations
50103
Loan Interest
50111
Marketing
50112
Holiday Gift Cards
50124
Sunshine Account
50125
Web Page/Internet
50130
Maintenance Fee Exp
**TOTAL ADMINISTRATIVE
**PROPERTY INSURANCE
52031
Property & Liability
52032
Umbrella Insurance
52035
Directors & Officers
**TOTAL PROPERTY INSURANCE
**UTILITIES
54050 09
54050 18
54070 30
54100 00
**TOTAL UTILITIES
Electricity - Street Lights
Electricity - Irrigation
Water & Sewer - Irrigation
Telephone
Page 1 of 2
05/13/2014 10:26:29 AM
Income_Statement_w_Annual_Budget
INC.
04/30/2014
Hollywood FL 33020
Account
Description
**CONTRACTS
60021 94
60046 18
60073
60085
60090
61000
61007
61030
61045 00
61045 46
61047
Contracts Tree Trimming
Equipment Contract - Copier
Irrigation Contract
Lake Maintenance
Lawn Maintenance
Management Services
Office Rental
Camera Maintenance
Security Services
Security Services - Site Supervi
Public Safety
Apr Actual
Apr Budget Apr Variance YTD Actual YTD Budget
Variance Year Budget
1,386
32
3,719
1,803
28,700
4,665
1,000
1,021
8,314
3,183
10,006
1,386
100
3,718
1,742
29,144
4,667
1,000
1,021
33,333
4,000
0
0
68
(1)
(61)
444
2
0
0
25,019
817
(10,006)
5,543
112
14,874
28,810
116,350
18,660
4,000
4,084
56,747
11,458
17,699
5,544
400
14,872
6,968
116,576
18,668
4,000
4,084
133,332
16,000
0
1
288
(2)
(21,842)
226
8
0
0
76,585
4,542
(17,699)
16,628
1,200
44,622
20,900
349,726
56,000
12,000
12,252
400,000
48,000
0
$63,828
$80,111
$16,283
$278,336
$320,444
$42,108
$961,328
12,612
870
13,697
833
1,085
(37)
56,697
3,480
54,788
3,332
(1,909)
(148)
164,360
10,000
$13,482
$14,530
$1,048
$60,177
$58,120
($2,057)
$174,360
3,765
0
0
0
1,353
0
0
1,117
558
417
4,300
6,667
4,828
667
(2,648)
558
417
4,300
5,314
4,828
667
9,550
0
11
1,815
11,126
8,625
687
4,468
2,232
1,668
17,200
26,668
19,312
2,668
(5,082)
2,232
1,657
15,385
15,542
10,687
1,981
13,400
6,700
5,000
51,600
80,000
57,930
8,000
$5,118
$18,554
$13,436
$31,814
$74,216
$42,402
$222,630
108,586
0
(108,586)
273,290
0
(273,290)
0
**TOTAL SPECIAL PROJECTS
$108,586
$0
($108,586)
$273,290
$0
($273,290)
$0
**RESERVE TRANSFERS
80000 00
Capital Improvement Fund
(190,800)
9,200
200,000
36,800
36,800
0
110,400
($190,800)
$9,200
$200,000
$36,800
$36,800
$0
$110,400
(20)
0
20
9,380
0
(9,380)
0
($20)
$0
$20
$9,380
$0
($9,380)
$0
**TOTAL EXPENSES
$60,841
$193,226
$132,385
$951,079
$772,904
($178,175)
$2,318,713
NET INCOME/(LOSS)
$131,557
$1,550
$130,007
($186,899)
$6,200
($193,099)
$18,600
**TOTAL CONTRACTS
**SALARIES & BENEFITS
65030
On Site Management
65040
Medical Insurance
**TOTAL SALARIES & BENEFITS
**REPAIRS/MAINTENANCE
70045
R&M-Electrical
70095
R&M-Fountain
70125
R&M-Signage
70135
Landscaping Extras
70137
R&M-Irrigation
70138
Tree Trim/Replace
70145
Holiday Decorations
**TOTAL REPAIR/MAINTENANCE
**SPECIAL PROJECTS
74005 00
Special Projects-Irrigation
**TOTAL RESERVE TRANSFER
**PRIOR YEAR ACTIVITY
70298 00
Prior Year Expense
**TOTAL PRIOR YEAR ACTIVITY
Page 2 of 2
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Resident
01 Metro Pointe of Florida
LLC
01 FL MetroWest Holdings,
LLC
01 Madison at Metrowest
Condo Assoc Inc
Page: 1
0069
0000 Totals:
01 Serenata Condo Assoc
Inc
AT At Attorney
0082
NL No Letters
0055
Status Date
Metropolis Way
VF Violation Fees
AF Attorney Fees
6101 Metrowest Blvd
2510 Robert Trent Jones Dr
5900 Westgate Dr
07/13/2012
09/06/2012
01/20/2012
02/07/2014
03/31/2014
02/07/2014
Totals:
05/05/2014
Totals:
05/05/2014
Totals:
05/02/2014
Totals:
05/07/2014
05/07/2014
04/10/2014
Totals:
04/30/2014
Last Pay
Date
1
1
1
3
1
3,078.87
5,833.00
761.43
32.70
141.76
60.00
542.05
Last Pay
Amount
Delinquent Report
0T03 METROWEST MASTER ASSOCIATION, INC.
As of 04/30/2014
Building: 0000 METROWEST MASTER ASSOC
Unit Address
01 Metro Park LLC
6100 Metrowest Blvd
01 Marina Landing Holdings 6413 Westgate Dr
LLC
01 Walgreen Co
920 S Kirkman Rd
RM Reminder Notice
0067
0039
0040
CL Cleared Collections
0043
No Collection Status
Unit
05/08/2014 3:54:50 PM
13,159.63
457.95
343.00
9,264.25
9,264.25
3,409.71
3,409.71
1.56
1.56
26.16
26.16
457.95
457.95
Current
5,242.73
0.00
975.74
5,134.49
5,134.49
0.00
0.00
108.24
108.24
0.00
Over 30
Days
20,443.59
0.00
195.00
13,424.17
13,424.17
6,819.42
6,819.42
0.00
200.00
200.00
0.00
Over 60
Days
380,180.57
0.00
41,856.15
326,246.70
326,246.70
53,933.87
53,933.87
0.00
0.00
0.00
Over 90
Days
419,026.52
457.95
43,369.89
354,069.61
354,069.61
64,163.00
64,163.00
1.56
1.56
334.40
26.16
108.24
200.00
457.95
457.95
Balance
Page: 2
Unit
Grand Totals:
Resident
05/08/2014 3:54:50 PM
VF Violation Fees
AF Attorney Fees
BC Return Check Fees
MM Maintenance Fees
DN Demand Collection Cost
AT ATP Collection Cost
II Interest Income
BC Return Check Fees
MM Maintenance Fees
AT ATP Collection Cost
II Interest Income
Unit Address
Status Date
Last Pay
Date
Last Pay
Amount
Delinquent Report
As of 04/30/2014
13,159.63
457.95
343.00
0.00
8,022.91
0.00
0.00
4,335.77
0.00
8,022.91
0.00
0.00
4,335.77
Current
5,242.73
0.00
975.74
0.00
0.00
0.00
0.00
4,266.99
0.00
0.00
0.00
0.00
4,266.99
Over 30
Days
20,443.59
0.00
195.00
60.00
15,990.38
0.00
0.00
4,198.21
60.00
15,990.38
0.00
0.00
4,198.21
Over 60
Days
380,180.57
0.00
41,856.15
0.00
333,814.51
75.00
100.00
4,334.91
0.00
333,814.51
75.00
100.00
4,334.91
Over 90
Days
419,026.52
457.95
43,369.89
60.00
357,827.80
75.00
100.00
17,135.88
60.00
357,827.80
75.00
100.00
17,135.88
Balance
05/08/2014 4:09:16 PM
Prepaid Insurance Schedule Report
Month ending April 30, 2014
Description
Policy #
From
Liability
010600180
7
8733M602
660
BE013226
210
NHP65052
7
10/02/2013 10/01/2014
881.60
881.60
0.00
510.62
370.98
02/23/2014 02/22/2015
5,127.00
5,127.00
0.00
941.35
4,185.65
02/23/2014 02/22/2015
1,535.00
1,535.00
0.00
282.07
1,252.93
02/23/2014 02/22/2015
16,891.78
16,891.78
0.00
3,100.76
13,791.02
24,435.38
24,435.38
0.00
4,834.80
19,600.58
Commercial Package
Umbrella Insurance
Directors and Officers
To
Total Premium Paid To Date
Total
Description
Policy #
Liability
010600180
7
8733M602
660
BE013226
210
NHP65052
7
Commercial Package
Umbrella Insurance
Directors and Officers
Total
Expense for the Month
Days
Per Day Adjustment
Included in
A/P
Total
Expensed
Remaining Prepaid
Days
Months
Total
Prepaid
Balance
Comments
30
2.42
0.00
72.60 154
5.0
52031
30
14.05
0.00
421.50 298
9.8
52031
30
4.21
0.00
126.30 298
9.8
52032
30
46.28
0.00
1,388.40 298
9.8
52035
66.96
0.00
2,008.80
Page 1 of 1
05/08/2014 5:19:06 PM
Accrued Expenses Schedule Report
INC.
Month ending April 30, 2014
Description
Invoice Amount
From
To
Account Number
FirstService - Medical Insurance
FirstService - On Site
Management
Camera Maintenance - City of
Orlando
Medical Insurance - FirstService
Orlando
On Site Maintenance Staff FirstService
On Site Maintenance Staff FirstService
Orlando
Security Service
Security Service - Terrel
Fawbush
798.00
6,300.00
09/01/2013
02/07/2014
09/30/2013
02/21/2014
65040
65030
Days
Calculated Amount
798.00
6,300.00
1,021.00
02/01/2014
02/28/2014
61030
1,021.00
870.00
1,021.00
04/01/2014
03/01/2014
04/30/2014
03/31/2014
65040
61030
870.00
1,021.00
6,300.00
04/18/2014
05/02/2014
65030
6,300.00
6,300.00
04/04/2014
04/18/2014
65030
6,300.00
1,021.00
04/01/2014
04/30/2014
61030
1,021.00
1,406.94
636.53
04/01/2014
04/22/2014
04/30/2014
04/28/2014
61045-00
61045-46
1,406.94
636.53
25,674.47
Total
Page 1 of 1
Resident
Page: 1
0049
0046
0045
0041
0036
0037
0039
0040
0035
0015
0021
0023
0013
0005
0002
0001
01 Realty Associates Fund
VIII LP
01 District Board of Trustees
of Valencia College, Florida
01 Metrowest Properties
LLC
01 Psreg Sabal Palm II
Owner LLC
01 Valencia Properties Inc
01 Ramlee Holdings LP
01 Lake View Metro West
LLC
01 BLUEBIRD
METROWEST ORLANDO
LLC
01 Lake Associates Ltd
01 McDonalds Corp
01 Metro Park LLC
01 Marina Landing Holdings
LLC
01 LANDMARK AT SIENA
SPRINGS, LP,
01 Debra Avenue
Apartments, LLC
01 Central Florida Educators
Fed Credit Union
01 Da Vinci Academy, LLC
Status Date
1901 Park Center Dr
5990 Metrowest Blvd
2333 Lake Debra Dr
6101 Westgate Dr
1401 S Hiawassee Rd
1411 S Hiawassee Rd
6100 Metrowest Blvd
6413 Westgate Dr
6355 Metrowest Blvd
5900 Raleigh St
1500 Park Center Dr
3300 S Kirkman Rd
6101 Raleigh St
S Kirkman Road
Park Center Drive
2450 Lake Debra Drive
08/28/2012
01/30/2013
08/12/2013
03/10/2014
10/16/2013
10/25/2013
03/31/2014
02/07/2014
02/27/2013
09/21/2012
02/07/2013
11/08/2012
03/07/2014
12/05/2012
11/20/2012
02/11/2014
04/29/2014
04/29/2014
04/22/2014
04/16/2014
03/28/2014
03/25/2014
05/07/2014
04/10/2014
04/30/2014
04/03/2014
12/06/2013
04/22/2014
04/23/2014
04/22/2014
11/26/2013
04/18/2014
Totals:
11/19/2013
04/18/2014
04/25/2014
Last Pay
Date
3
167.35
251.70
6,232.29
30.00
662.86
105.44
141.76
60.00
1,346.41
481.92
4,254.48
196.75
5,375.29
196.94
267.46
7,363.00
108.30
643.26
206.20
Last Pay
Amount
Prepaid Report
As of 04/30/2014
Building: 0000 METROWEST MASTER ASSOC
Unit Address
01 National Retail Properties 2401 S Hiawassee Rd
LP
01 Park Center at Metrowest 1507/1515 Park Center Dr
Condo Assoc Inc
01 Florida Nursery Growers 1533 Park Center Dr
& Landscape Assoc
CL Cleared Collections
0116
0072
0065
No Collection Status
Unit
05/08/2014 3:55:21 PM
-167.35
-251.70
-6,232.29
-2,269.79
-1,346.41
-196.75
-321.28
-5,375.29
-196.94
-7,363.00
-849.46
-643.26
-206.20
Current
-167.35
-1,325.72
-210.88
-108.24
-0.01
-17.48
-17.48
Over 30
Days
-22,416.72
0.00
Over 60
Days
-2,836.32
-2,139.68
-866.40
-866.40
Over 90
Days
-334.70
-251.70
-6,232.29
-2,269.79
-1,325.72
-210.88
-108.24
-22,416.72
-1,346.41
-321.28
-2,836.32
-196.75
-5,375.29
-196.95
-2,139.68
-7,363.00
-1,733.34
-866.40
-643.26
-223.68
Balance
01 Piaget Academy Inc
01 MetroWest Medical
Center
01 Westchester South
Investments
01 MB REO- FL Land LLC
01 Metro West Professional
Plaza Condo Assoc Inc
01 Tradewinds Condo
Assoc Inc
01 Fountains at Metro West
Condo Assoc Inc
01 Central Park a Metrowest
Condo Assoc Inc
01 Offices at Veranda Park
Bldg 7000 Condo Assoc Inc
01 Offices at Veranda Park
Bldg 1000 Condo Assoc Inc
01 Optimus Element LLLP
01 Carriage Homes at
Stonebridge Commons
Condo Assoc
01 Mandalay at Stonebridge
Commons Condo Assoc Inc
01 Vistas at Stonebridge
Place Condominium
01 Metrowest Wilshire Plaza
Condo Assoc Inc
01 Metro Park Three Condo
Assoc Inc
01 Fairway Cove HOA Inc
01 Hawksnest at Metrowest
HOA Inc
01 Stonebridge Lakes HOA
Inc
01 Reva HR-RFMD LLC
01 Walmart Stores East Inc
01 Metro Plaza LLC
01 Metro Pointe LLC
01 Valencia College
Foundation, LLC
0052
0058
Page: 2
0107
0108
0109
0111
0115
0103
0099
0100
0097
0094
0091
0090
0083
0088
0081
0079
0076
0075
0074
0062
0070
0060
Resident
Unit
05/08/2014 3:55:21 PM
6100 Old Park Ln
5901 Metrowest Blvd
2422 Kirkman Rd
2216 S Kirkman Rd
1768 Park Center Dr
3396 Shallot Dr
S Hiawassee Rd
S Hiawassee Rd
6150 Metrowest Blvd
Vistas at Stonebridge Place Condo
Stowe St
2869 Wilshire Dr
6302 Ducados Pointe
2207 Lake Debra Dr
6302 Ducados Pointe
2295 S Hiawassee Rd
7065 Westpointe Blvd
6058 Westgate Dr
6053 Westgate Dr
1091 S Hiawassee Rd
2001 S Hiawassee Rd
1507 S Hiawassee Rd
1785 Park Center Dr
6395 Raleigh St
1755 Park Center Dr
Unit Address
03/24/2014
02/04/2014
08/02/2012
10/25/2012
11/09/2012
01/30/2014
01/30/2014
01/30/2014
01/30/2014
08/30/2012
08/12/2013
03/29/2013
10/08/2013
11/13/2012
06/06/2013
10/02/2013
09/16/2013
11/25/2013
01/21/2014
03/06/2014
02/06/2014
06/12/2013
10/30/2013
07/31/2013
Status Date
05/01/2014
04/28/2014
04/25/2014
04/25/2014
11/26/2013
04/22/2014
04/22/2014
04/22/2014
04/22/2014
04/09/2014
04/22/2014
04/17/2014
05/01/2014
04/25/2014
04/07/2014
04/30/2014
05/07/2014
04/28/2014
05/07/2014
04/15/2014
05/06/2014
04/17/2014
05/02/2014
12/19/2013
Last Pay
Date
1,192.82
2,427.37
300.17
206.64
549.80
3,331.58
5,840.93
3,080.90
810.58
424.10
2,450.91
2,440.81
2,895.83
2,962.82
803.15
119.72
2,801.85
1,859.07
4,726.01
104.05
826.95
25.46
160.61
28.56
Last Pay
Amount
Prepaid Report
As of 04/30/2014
-2,427.37
-300.17
-206.64
-3,331.58
-5,840.93
-3,080.90
-810.58
-420.22
-2,450.91
-2,440.81
-2,962.82
-803.15
-119.72
-88.40
-1,859.07
-4,726.01
-104.05
-826.95
-76.38
-37.96
Current
-800.00
-2,427.37
-4.51
Over 30
Days
Over 60
Days
-4,398.40
-7,051.45
-10.83
-57.12
Over 90
Days
-800.00
-4,854.74
-300.17
-206.64
-4,398.40
-3,331.58
-5,840.93
-3,080.90
-810.58
-420.22
-2,450.91
-2,440.81
-7,051.45
-2,962.82
-803.15
-124.23
-88.40
-1,859.07
-4,726.01
-104.05
-826.95
-87.21
-37.96
-57.12
Balance
01 Veranda Park 2 Guys
LLC
0122
01 Ramlee Holdings LP
01 HBJ Holding LTD
01 HBJ Holding Ltd
01 HBJ Holding LTD
01 BLUEBIRD
METROWEST ORLANDO
LLC
01 Murphy Oil USA Inc
01 Valencia Properties, Inc
01 Metrowest Medical Center
LLC
01 Metro West Executive
Plaza Condo Assoc Inc
01 Horizons at Stonebridge
Place Condominium
01 Palma Vista HOA Inc
01 Metrowest Unit Five HOA
Inc
01 C G Lake Forest, LLC
01 Westpointe Development
Group LLC
Page: 3
0018
0004
0006
01 Metrowest Center LLC
01 Orlando Dreams Realty
2013 LTD
01 Owen & Owen LLC
DM Demand Letter
0113
0135
0102
0105
0092
0068
0073
0038
0053
0057
0012
0016
0020
0025
0026
0027
0032
RM Reminder Notice
Resident
Unit
05/08/2014 3:55:21 PM
06/21/2010
11/22/2011
02/23/2012
09/23/2011
10/21/2009
04/23/2010
06/21/2010
12/24/2009
12/23/2011
12/23/2011
12/23/2011
01/20/2012
01/23/2014
Status Date
1201 S Hiawassee Rd
882 S Kirkman Rd
5749 Westgate Dr
6405 Raleigh St
7401 Westpointe Blvd
02/11/2013
10/11/2012
01/13/2014
12/27/2010
09/23/2011
Horizons at Stonebridge Place Condo 03/22/2012
Dante Dr
Westpoint Blvd
07/22/2010
Westpoint Blvd
12/23/2011
920 S Kirkman Rd
1601 Park Center Dr
5901 Metrowest Blvd
6003 Raleigh St
1781 Park Center Dr
5901 Raleigh St
5700 Raleigh St
1540 Park Center Dr
2900 S Kirkman Rd
2944 S Kirkman Rd
2972 S Kirkman Rd
1800 Metrocenter Blvd
2295 S Hiawassee Rd
Unit Address
04/28/2014
04/22/2014
04/25/2014
Totals:
04/17/2014
01/28/2014
04/25/2014
04/17/2014
04/22/2014
04/03/2014
03/31/2014
11/22/2013
04/03/2014
12/19/2013
04/03/2014
04/03/2014
12/06/2013
04/07/2014
04/07/2014
04/07/2014
04/30/2014
Totals:
04/25/2014
Last Pay
Date
343.71
358.38
755.76
107.05
121.97
95.67
538.28
17
225.01
549.30
328.26
574.45
20.00
10,977.82
12,385.84
2,284.27
399.12
329.59
50.80
1,085.97
441.21
41
308.17
Last Pay
Amount
Prepaid Report
As of 04/30/2014
-225.01
-549.30
-328.26
-28,868.16
-574.45
-10,977.82
-12,385.84
-2,284.27
-266.08
-723.98
-214.10
-243.94
-191.34
-538.28
-229.14
-238.92
-56,943.59
-308.17
Current
-329.59
-329.59
-5,044.08
Over 30
Days
0.00
-22,416.72
Over 60
Days
-1,919.52
-10.52
-882.42
-406.40
-620.18
-16,493.80
Over 90
Days
-225.01
-549.30
-328.26
-31,117.27
-574.45
-10.52
-10,977.82
-12,385.84
-2,284.27
-266.08
-329.59
-406.40
-723.98
-882.42
-229.14
-238.92
-620.18
-214.10
-243.94
-191.34
-538.28
-100,898.19
-308.17
Balance
Page: 4
0112
0096
0095
0093
0089
0087
0063
0085
0048
0051
0059
Grand Totals:
0000 Totals:
01 Richard D. Silliman,
Trustee Silliman Family
Decedent''s Trust
01 RMC Hiawassee LLC
01 Central Florida Educators
Fed Credit Union
01 Wendys of NE Florida Inc
01 Circle K Stores Inc.
01 Westchester South
Investments LLC
01 Metro West E&A LLC
01 Stonebridge Lakes
Condo Assoc Inc
01 Ventura at Stonebridge
Condo Assoc Inc
01 Vistas at Stonebridge
Commons Condo Assoc Inc
01 Stonebridge Reserve
Condo Assoc Inc
01 Metro Park One Condo
Assoc Inc
01 Metro Park Four Condo
Assoc Inc
01 Wash Depot I Inc
0029
0044
0047
Resident
Unit
05/08/2014 3:55:21 PM
MM Maintenance Fees
RN Reminder Collection Cost
MM Maintenance Fees
RN Reminder Collection Cost
6475 Raleigh St
6200 Metrowest Blvd
6000 Metrowest Blvd
Robert Trent Jones Dr
6302 Ducados Pointe
6302 Ducados Pointe
2405 S Hiawassee Rd
3396 Shallot Dr
5922 Metrowest Blvd
700 S Kirkman Rd S
1743 Park Center Dr
2351 Hiawassee Rd
5954 Metrowest Blvd
2850 S Kirkman Rd
Unit Address
07/11/2013
02/12/2014
01/13/2014
01/13/2014
11/12/2012
11/12/2012
02/12/2014
01/13/2014
07/11/2013
09/20/2012
04/11/2014
04/11/2014
01/11/2013
01/13/2014
Status Date
Totals:
04/30/2014
04/22/2014
04/22/2014
04/22/2014
04/17/2014
04/17/2014
04/15/2014
04/22/2014
04/30/2014
04/30/2014
04/17/2014
04/14/2014
04/29/2014
04/22/2014
Last Pay
Date
17
191.13
495.19
489.88
5,219.52
2,730.29
2,641.77
1,708.92
3,986.77
124.60
192.39
487.60
617.34
114.46
181.49
Last Pay
Amount
Prepaid Report
As of 04/30/2014
-107,176.95
-107,176.95
0.00
0.00
-107,176.95
-107,176.95
0.00
0.00
-20,515.74
-191.13
-495.19
-489.88
-5,219.52
-2,730.29
-2,641.77
-1,708.92
-3,986.77
-124.60
-192.39
-950.20
-386.56
-114.46
-181.49
Current
-5,391.15
-5,391.15
0.00
0.00
-5,391.15
-5,391.15
0.00
0.00
0.00
Over 30
Days
-22,416.72
-22,416.72
0.00
0.00
-22,416.72
-22,416.72
0.00
0.00
0.00
Over 60
Days
-19,279.72
-19,244.72
-25.00
-10.00
-19,279.72
-19,244.72
-25.00
-10.00
0.00
Over 90
Days
-154,264.54
-154,229.54
-25.00
-10.00
-154,264.54
-154,229.54
-25.00
-10.00
-20,515.74
-191.13
-495.19
-489.88
-5,219.52
-2,730.29
-2,641.77
-1,708.92
-3,986.77
-124.60
-192.39
-950.20
-386.56
-114.46
-181.49
Balance
VIOLATIONS
REPORT
Violations By Unit Detail
MetroWest Master
Date :
Limit By Unit Group
:
[All UnitGroups]
Violation Status
:
Open
Limit
:
Limit By Date Range
Start Date
:
04/13/2013
End Date
:
05/13/2014
Sort By
:
Date
Number of Violations Reviewed :
Committee Members Present :
Committee Member Signatures :
Management Staff Present :
CONSENT CALENDAR :
Date
Unit Address
Violation
Action
Status
COE
MetroWest Master
05/07/2014
2401 S
Hiawassee
Rd
Landscaping Needs to be
Maintained
1st Notice
Open
Compliance Date :
05/23/2014
Correct In Days :
14
Owner Name :
National Retail Properties LP
Comments :
Pursuant to the MW Master Declaration of Protective Covenants & Restrictions Article IV & V and MWMA
Development Guidelines and Courtesy Notice sent on 5/1/14, landscaping surrounding perimeter of property
needs attention. Shrubs and irrigation along Hiawassee especially needs addressed.
Notes :
Letter History
Date:
Action :
File Name :
5/7/2014
9:02:37 AM
EST
1st Notice
Violation_stNotice_20140507090236329.
PDF
05/07/2014
7548
Westpointe
Blvd
Landscaping Clean Borders
Compliance Date :
05/23/2014
Correct In Days :
15
Owner Name :
Palma Vista HOA Inc
Comments :
Development Guidelines and Courtesy Notice sent on 4/30/14, Palma Vista homeowners along perimeter wall
line of Westpointe Blvd on the western side (4th & 6th home on right from main entrance) needs landscape
maintained/manicured to remain inside their property line. Vines and growth outside of the wall need removed
along fence line of Westpointe Blvd.
1st Notice
Open
Notes :
Letter History
Date:
Action :
File Name :
5/7/2014
8:15:42 AM
EST
1st Notice
PDF
05/07/2014
7380
Westpointe
Blvd
Landscaping Needs to be
Maintained
Compliance Date :
05/23/2014
Correct In Days :
14
Owner Name :
Bermuda Dunes Private Residences Condo Assoc Inc
Report Date : 05/13/2014
1st Notice
Open
Page 1 of 5
MetroWest Master
Date
Comments :
Unit Address
Violation
Action
Limit By Unit Group
:
[All UnitGroups]
Violation Status
:
Open
Limit
:
Limit By Date Range
Start Date
:
04/13/2013
End Date
:
05/13/2014
Sort By
:
Date
Status
COE
Development Guidelines and Courtesy Notice sent on 5/1/14, Drainage Pond located at the western side of
Hiawassee along perimeter of property needs aquatic treatment. Pond is full of hydrilla.
Notes :
Letter History
Date:
Action :
File Name :
5/7/2014
8:59:05 AM
EST
1st Notice
PDF
05/01/2014
Piccadilly
Ln
Fence - Repair
Compliance Date :
05/19/2014
Correct In Days :
15
Owner Name :
Westchester Association at Metrowest Inc
Comments :
Development Guidelines, homeowner fencing completely fell down per previous email notification on 4/15/14
backing up to the north of Tradewinds community.
Notes :
5/9 from Chuck: violation for 6468 Piccadilly Lane regarding the fallen down fence. The owner will try to get the
fence tacked back up. Chuck stated that he will respond in more detail about the violation.
Letter History
Date:
Action :
File Name :
5/1/2014
2:58:05 PM
EST
1st Notice
PDF
04/03/2014
Piccadilly
Ln
Privacy Wall Clean
Compliance Date :
05/31/2014
Correct In Days :
15
Owner Name :
Westchester Association at Metrowest Inc
Comments :
Pursuant to the MW Master Declaration of Protective Convenants & Restrictions Article IV & V and Courtesy
Notice sent on 2/20/14, please give attention to cleaning the privacy wall that is seen from the perimeter of
your property along Hiawassee.
Notes :
5/13 from JS: I hope all is well. Thanks for your follow up email. We will place a stay on the “fine”
recommendation of the Fine/Hearing held today until 5/31/14. However, there will be no further notices
generated other than the fine recommended if we do not hear back from you on or before this date.
I hope that helps ?
5/13 from Chuck: I am unable to attend that hearing in person today, due to a prior meeting conflict.
However, we have contracted with Associa OnCall, the maintenance division, to chemically clean the wall to
remove the minor efflorescence areas and to perform a routine preventive maintenance cleaning.
In addition, though not cited by MWMA, we are also having all of the monument wall lettering (“Westchester”)
repaired and reset, which were damaged due to vandalism and other causes.
We expect this work to commence within the next 7 to 10 business days, and will document the work with
photographs when completed.
We would ask the MWMA’s consideration of a temporary ‘stay’ while we complete this work. In addition, my
recollection in speaking with Westchester’s President , Calvert Wynn, was that he had also exchanged emails
with you recently regarding this matter and asked for similar consideration.
I will call you shortly to discuss. Thanks.
4/24 JS inspected. no compliance.
4/4 Notes from Brandy: I met with Jorge Cisneros at Westchester today regarding the wall cleaning violation
and he stated that the wall will get cleaned he is first going to try to get bleach and water and scrub it off first.
If that doesn’t work then he will try to get a pressure washer to clean it off. He also inquired about putting up a
new wall in Westchester I gave him an ARC application. He stated that he was familiar with the form that needs
to be filled out. He said that he would comply with the violation.
1st Notice
Extension
Open
Open
Page 2 of 5
MetroWest Master
Date
Letter History
Unit Address
Violation
Action
Limit By Unit Group
:
[All UnitGroups]
Violation Status
:
Open
Limit
:
Limit By Date Range
Start Date
:
04/13/2013
End Date
:
05/13/2014
Sort By
:
Date
Status
COE
Date:
Action :
File Name :
4/3/2014
10:35:26 PM
EST
1st Notice
PDF
4/24/2014
4:07:55 PM
EST
2nd Notice (Hearing/Fine)
Violation_ndNoticeHearingFine_20140424
160754684.PDF
03/21/2014
2869
Wilshire Dr
Architectural
Modification - Not
Within ACC
Guidelines
Compliance Date :
06/12/2014
Correct In Days :
15
Owner Name :
Metrowest Wilshire Plaza Condo Assoc Inc
Comments :
Pursuant to the MW Master Declaration of Protective Covenants & Restrictions Article IV & V and Courtesy
Notice dated 3/16/14 Paris Salon opened and logos on windows without proper approval of new business logo
signage. No exterior building signage.
Notes :
5/13 Fine/Hearing granted 30 day extension.
Letter History
Date:
Action :
File Name :
3/21/2014
10:27:59 AM
EST
1st Notice
PDF
4/11/2014
10:33:04 AM
EST
2nd Notice (With Hearing)
Violation_ndNoticeWithHearing_20140411
103303293.PDF
02/28/2014
920 S
Kirkman Rd
Roof - Needs to
be cleaned
Compliance Date :
05/31/2014
Correct In Days :
15
Owner Name :
Walgreen Co
Comments :
Pursuant to the MW Master Declaration of Protective Covenants & Restrictions Article IV & V, the Walgreen &
Pharmacy logo lettering is discolored and missing lens covers.
Notes :
4/17/14 JS discussed with Chris White new mgr at Walgreens. Found that partial violation belonged to Valencia
and forwarded to them accordingly. Granted extension through 5/31/14 to take care of building logo signs.
Letter History
Date:
Action :
File Name :
2/28/2014
3:54:10 PM
EST
1st Notice
PDF
3/21/2014
10:00:19 AM
EST
2nd Notice (Hearing/Fine)
Violation_ndNoticeHearingFine_20140321
100018308.PDF
3/21/2014
10:03:56 AM
EST
Violation_ndNoticeWithHearing_20140321
100356015.PDF
01/06/2014
7380
Westpointe
Blvd
Roof - Needs to
be cleaned
Compliance Date :
09/30/2014
2nd Notice
(With
Hearing)
Extension
Extension
Open
Open
Open
Page 3 of 5
MetroWest Master
Date
Unit Address
Violation
Action
Limit By Unit Group
:
[All UnitGroups]
Violation Status
:
Open
Limit
:
Limit By Date Range
Start Date
:
04/13/2013
End Date
:
05/13/2014
Sort By
:
Date
Status
COE
Correct In Days :
14
Owner Name :
Bermuda Dunes Private Residences Condo Assoc Inc
Comments :
Pursuant to the MW Master Declaration of Protective Covenants & Restrictions Article IV & V and Courtesy
Notice sent to you on 12/30/13, all roofs need to be cleaned.
Notes :
4/23 JS: Hello Bonnie,
Unfortunately, the Fine/Hearing is requesting that Bermuda provide verification regarding construction defect
that is preventing you from the immediate success of cleaning the roofs. We’ve kept this item open to review
towards end of September to see difference over 6 months with sun/rain. If you can please forward any
documentation regarding construction defect involving your roofs so we can keep with file, that would be
appreciated. Please provide by 4/30/14.
4/7 JS requested Fine/Hearing inspect roof for their input into closing violation.
4/4 from Bonnie: The roof treatment was competed yesterday for the entire property. Because of the water
intrusion high pressure warning from the engineer we went with a foam product that can take up to 6 months
to completely clean the roofs. It works with the sun and rain.
If you need anything further please let me know.
4/4 from JS: Just wanted to reach out and follow up on this. Is this complete or do you need extended time?
2/27 from JS: Extended through 3/31/14.
2/27 from Bonnie: Just an update. Monday March 3rd the vendor will be onsite to start applying the product for
the roofs. This will take most of the month due to the weather. I will let you know when it is complete.
2/11 from JS: I’m so sorry we haven’t connected. Thank you for your follow up and I’ve updated our records
accordingly. We’ve extended through 2/28/14. Please update us on or before then.
2/11 from Bonnie: Sorry for the delay. I left several messages for you since my email system was down for over
a week in January. I don’t think we ever connected on this issue verbally.
I had to obtain expert guidance for the best way to handle the problem without destroying possible evidence,
attached letter. I have completed the competitive bid process in order to comply with Section 718.3025, Fla
Stat. The Board has approved a bid and we are moving forward with scheduling the cleaning. When I have the
exact dates I will let you know.
1/27/14 from Bonnie: I am requesting bids and will let you know when I can have this done.
1/22/14 JS forwarded response: I left a message for you and I did receive your fax from Morrison Hershfield
involving the challenges you are facing with the defective flashing details on your roofs at Bermuda Dunes.
Please let me know today if possible, what estimated time frame you are looking at to complete the low
flow/low pressure water spray and a mild-cleaning solution method of cleaning the roofs.
1/22/14 Bonnie Jordan with Bermuda Dunes forwarded fax from Morrison Hershfield regarding defective flashing
details which may result in water penetration if roofs are pressure washed. Recommending roofs be swept to
remove any debris and be washed with a low flow/low pressure water spray and a mild cleaning solution.
Letter History
Date:
Action :
File Name :
1/6/2014
4:37:30 PM
EST
1st Notice
PDF
06/11/2013
2300 S
Kirkman Rd
Other - Other
Compliance Date :
05/31/2014
Correct In Days :
0
Owner Name :
Kirkman Equities LLC
Comments :
Pursuant to the MW Master Declaration of Protective Convenants & Restrictions Article IV & V and courtesy
notice given on 6/5/13: Unapproved fencing along pedestrian walkway of Kirkman Road by bus shelter is falling
down. Please remove unapproved fencing. Also remove unapproved paver walkway. See City Bus Lynx email on
4/12/13: "There is a paver walkway that has been installed directly behind the service stop up to the parking
lot. This paver walkway "implies" that people are to walk up it to reach Kirkman Commons from the service
stop. It is my understanding that LYNX did not install this paver walkway. LYNX can not assume risk for the
installation of the "implied walkway" made by the pavers. 2.) There are several locations of significant erosion of
the landscape area between the parking lot of Kirkman Commons and the sidewalk. There is significant erosion
of the landscape area behind the service stop also. 3.) There are numerous "pathways" through the landscape
area between the parking lot of Kirkman Commons and the sidewalk. In other areas, the lushness of planting
landscape discourages pedestrian crossing."
Extension
Open
Page 4 of 5
MetroWest Master
Date
Notes :
Unit Address
Violation
Action
Limit By Unit Group
:
[All UnitGroups]
Violation Status
:
Open
Limit
:
Limit By Date Range
Start Date
:
04/13/2013
End Date
:
05/13/2014
Sort By
:
Date
Status
COE
4/4/14 from Jeff: Our contractor is currently procuring the parts for the hand rail...Our installer has indicated
that to get the railing is approx 4-6 weeks. He does not want to start until this railing is in due to potential
safety concerns. He is following up with his railing contractor to see what they can do to expedite the shipping
of this. The work is anticipated to be substantially complete 3 weeks from the start date. Unfortunately, I have
limited control over the time it took to permit. Workorder has been issued to the contractor.
4/4/14 JS requested commencement and completion times.
3/31/14 Permits approved. Project will commence within 30 days.
2/7/14 from Jeff: Yep...we are currently coordinating with FDOT on the MOT...permits should hopefully wrap up
next week
2/7/14 from JS: requested status.
1/17/14 from Jeff: Followed up permitting. Our contractor is required to coordinate MOT and is doing so. We are
almost there permitting
1/14/14 from JS: requested status.
12/5/13 from Jeff: Currently in process of permitting and getting prices for workorder
12/5/13 from JS: Just wanting to see what progress is being made regarding this…
10/24/13 JS spoke to Jeff Reine at Lynx. Design approved and going into permitting. 30 days for approval and
job should commence around Christmas.
10/24/13 from Jeff: Working on getting into permitting. Our risk people approved it. let me double check agsin
10/9/13 from Jeff Reine at Lynx: We had to pursue some detailed survey on the site which was just completed.
We hope to have into permitting in the next two weeks
Fine Hearing agreed to extend until Lynx completed railing project.
6/19/13 from JS: Hello Scott,
Oh, I’m sorry to hear that you’re part time due to budget constraints.
Thank you for the update on the backflow and dumpster area.
Unfortunately, the fencing by the bus shelter area hasn’t been approved and cannot be installed without MWMA
prior approval. We already understand and have received notification from Lynx that they will not be moving the
bus shelter. Please remove the fencing and apply according to the MWMA criteria.
6/19/13 from Scott Olver: Hi Julie. I am part time now for budget reasons and in the field most of the time and
just checking emails.
We had Kirkman on our renovation list this week before we got this notice. We did paint the backflow and we
power washed and painted the dumpster enclosure. It looks like my kitchen now.
Your request about the landscape fencing in the front is problematic. It is the only way we can control the flow
of tresspassers to avoid erosion. Consider this temporary until they move the bus stop.
Thanks
Letter History
Date:
Action :
File Name :
6/11/2013
2:23:00 PM
EST
1st Notice
1stNotice_2013611142314_14.pdf
7/1/2013
10:46:00 AM
EST
2ndNotice(WithHearing)
_201371104656_721.pdf
Page 5 of 5
NEW BUSINESS
a.
Crisis Public Relations
Communications Plan
2014
Crisis Public Relations
Communications Plan
2014
Introduction
The MetroWest Master Association (MWMA) FirstService Residential (FSR) Crisis Public Relations
Communications Plan is intended to provide the information needed to optimize communication
with internal and external audiences in the event of a crisis.
Purpose
The purpose of the MWMA/FSR Crisis Public Relations Communications Plan is to stabilize and unify
the messaging in the event of a crisis while maintaining the reputation of MWMA and FSR.
MWMA/FSR Crisis Management Team
Designated Spokesperson
Jim Drayton, President
MetroWest Master Association Board of Directors
407-421-0548
[email protected]
Jim Drayton is the primary spokesperson to
represent MWMA, and the only spokesperson
to the media, for consistency and clarity of
messaging. He will be briefed as to messaging
by Sonya Snyder to be the “face” of MWMA and
thus, the only person to make official statements
and answer media questions throughout any
crisis. In the unlikely event Jim becomes
unavailable on a media deadline, Sonya Snyder
is the back-up spokesperson.
Sonya Snyder, Patterson/Bach Communications (PB)
Public Relations Director
407-645-1880 x106; C: 814-873-9251
[email protected]
Julie Sanchez, MWMA General Manager, FSR
407-601-5995; C: 407-429-8606
[email protected]
Patty Schmitt, MetroWest Public Safety Director
407-373-6049; C: 727-235-8665
[email protected]
Dan Fournier, Regional Director, FSR
407-644-0010
[email protected]
Any additional technical experts or advisors
needed per type of crisis, will be researched by
Sonya and PB, as to their value and data per the
crisis at hand. Sonya will direct this research
and information for the means of further
messaging points, to Jim as needed, based
on agreed messaging points moving forward
from beginning to end of crisis communications
needed.
Fernando Dominguez, Senior VP, FSR
407-644-0010
[email protected]
Hannah DeBevoise, Patterson/Bach Communications Social Media
407-645-1880 x104
[email protected]
Crisis Public Relations Communications Plan 2014
1
Crisis Communications Procedure
Crisis Communications Action Steps:
• After first being alerted to a crisis by “boots on the
ground,” Sonya Snyder, PB and MWMA/FSR Crisis
Management Team will first meet by conference call
or in-person (time allotting) to determine positioning
and messaging points to media and, thus to the general
public. Sonya will then prepare and disseminate media
statements, in an on-going manner, to media, and will
determine on-going messaging points in conjunction
with the press releases and media alerts, for consistent
messaging throughout all mediums.
staff to carry and be able to quote from when approached
by news sources. In addition, in advance of a crisis, parties
will be instructed, as part of their job descriptions, and
under the direction of their MWMA/FSR Crisis Team leader,
to make no statements, comments or speculation to anyone
on behalf of MWMA. This includes but is not limited to,
employees, media and news journalists, or the general
public on anything to do with MWMA, FSR, or the crisis
at hand. Everyone’s communications job during a crisis is
to refer all inquiries to PB and Sonya, in order to protect
MWMA and contain the messaging for optimum results.
• All members of this MWMA/FSR team will then, once
informed, instruct their chain of command teams as
needed, to fulfill the operations processes during said
crisis and to inform on the public relations crisis process
that is continuing. It is important for the MWMA/FSR Crisis
Management Team to consistently remind their chain of
command that during a crisis there is a pro-active plan
in place to engage only a select spokesperson for the
messaging to the public audiences and the MWMA/FSR
team will address the internal teams.
• Sonya and the extended MWMA/FSR Crisis Management
Team will stay in constant contact, so they can keep
everyone under their respective authority up-to-date on
all developments, allowing PB and Sonya to disseminate
the initial written statement to the media, directed to
social media, and also through Jim to make any and all
on-camera and in-person news statements on behalf of
MWMA and FSR, while also being updated by the team as
to their operational and respective accomplishments or
challenges during the crisis.
• There is only one person with authority to speak to media,
and the larger internal team’s communication strategy is
to direct the media to PB and Sonya at the first request –
no matter where, when or who gets that first request on
MWMA property or FSR headquarters. At this connection
with the media, or media source, they are to respond to any
inquiry with this learned statement of
• Once the crisis is under control or finished, PB, Sonya and
the MWMA/FSR Crisis Management Team will develop and
distribute formal closing communication with all involved
parties, as well as meet to discuss lessons learned,
determine best practices, and execute follow-up steps for
future crisis planning and preparation.
“I would be happy to help you with this, please call
Public Relations Director Sonya Snyder at 407-645-1880
or her cell at 814-873-9251. She would be happy to assist
you with more information and to arrange any and all
interviews.”
• PB recommends printing on business card–sized paper,
this “Crisis Communications Card” which would be for all
Authorized MWMA/FSR Spokesperson
• Jim Drayton, President, MetroWest Master Association
Board of Directors (to all audiences, including community,
media, etc.)
Alternate Authorized MWMA/FSR Spokesperson
• Sonya Snyder, Patterson/Bach Director of Public Relations
(to all audiences, including community, media, etc.)
2
Crisis Coordination
Once a crisis has occurred, PB and Sonya Snyder will
serve as the lead for public relations crisis coordination for
MWMA/FSR and be responsible for managing the messaging
and following crisis communication processes:
Instructions – The Director of Public Relations will:
• Gather all factual information regarding the nature and
severity of the crisis from the boots on the ground, and the
MWMA/FSR Crisis Management Team, and other active
informed sources, to assume control of and responsibility
for the forthcoming positioning, messaging, and protection
of MWMA/FSR within the media communications process.
• Contact members of the MWMA/FSR Crisis Management
Team to alert full team, to immediately be accessible for an
in-person meeting or conference call, based on timing, type
of crisis and media demand.
• The MWMA/FSR Crisis Management Teams will then
remind and instruct all staff and applicable MWMA
members that we are in “Crisis Mode” and to proceed as
previously instructed - refer all telephone calls and other
inquiries regarding the crisis to PB and Sonya. Under
no circumstances shall any information or speculation
be provided to anyone, including family and friends. PB
recommends that the “Crisis Communications Card” would
be printed for the use by each individual, to direct the
news source to PB for follow-up. This communications is
recommended to be printed on a business-sized card for all
staff to have on hand as needs arise. It will state the quote
they will give, and should be used verbatim:
others possibly involved, are notified, via their chain of
command, concerning the general nature of the crisis
and are instructed to make no statements, comments or
speculation of any kind to anyone on behalf of MWMA.
This may be required to be enforced through employment
or contractual means, to be universally effective, moving
forward.
• Meanwhile, PB and Sonya will be “the gatekeeper to the
media” by first interviewing the media as to their scope on
the story at hand, and the information, questions and focus
they desire moving forward. PB will then research and
seek out one to four eight-second sound bite messaging
points. These messaging points will be applicable for Jim’s
use as the spokesperson, and will also honestly answer
the most pressing questions of the reporters if possible.
One goal is to make sure the MWMA/FSR messaging is
paramount, concerning the Who, What, When, Where,
How and Why to the media’s specific inquiries, while
protecting MWMA/FSR’s interests. This process is evolving
and on-going throughout the crisis and after, as the media
inquiries continue.
• Coordinate with MWMA/FSR Crisis Management Team
to instruct their receptionists and those on phone duty, to
maintain a log of all incoming calls, rumors, and any other
crisis-relative information for review and follow-up during
and after the crisis, to include but not be limited to name,
title, organization, cell phone, if they accept text or not, and
email.
• “I would be happy to help you with this, please call Public
Relations Director Sonya Snyder at 407-645-1880 or her
cell at 814-873-9251. She would be happy to assist you with
more information and to arrange any and all interviews.”
• After initial push, PB and Sonya will arrange the press
conference if needed, and will prepare talking points for
said scheduled press conference. Based on crisis, an
alternate option is to finalize an announcement to the
media via written statement.
• MWMA/FSR Crisis Management Team will ensure (when
applicable) that all members, employees, and other
sources needed, such as select vendors, suppliers, or
• Appropriate location for all MWMA press conferences will
be at The Hamptons, unless otherwise warranted.
3
Standard Receptionist/Front Line “Boots on the Ground”
Standard Crisis Communications Statement to Outside Inquiry
Instructions:
Note:
Collect from every inquiry:
If the caller is confrontational or threatening in his/her
attempts to get information, MWMA/FSR Crisis Management
Team must continue to remind staff to reiterate only the
communications as given, and to not depart from it or be
coaxed or badgered to provide even what might seem as
unrelated information. All media have their news story angles
they seek confirmation for. It is important that all media get
the same messaging from any source. Though it is often not
possible to contain every opportunity for a negative situation,
this system helps minimize the opportunities for contradictory
or damaging messaging leaking to the press.
The caller’s name, title, company, cell phone, email and if
they accept texts or not, and also record their inquiry exactly
(or as closely as asked), if possible.
Standard Crisis Communications Statement:
“I would be happy to help you with this, please call Public
Relations Director Sonya Snyder at 407-645-1880 or her cell
at 814-873-9251. She would be happy to assist you with more
information and to arrange any and all interviews.”
For Press Conferences:
MWMA/FSR Crisis Management Team will oversee logistics
to set up The Hamptons for a press conference, to specs
predetermined with PB, in advance of crisis. PB will then
relay date and time and focus as well as a one-page media
alert to all applicable news outlets.
Note:
It is critical to remember: Do not respond with “No Comment”
but only the communication that will forward them to PB and
Sonya for follow-up.
MWMA/FSR Crisis Management Team’s Standard Crisis Communications
Statement to Employees, Members, Vendors, etc.
“We have just been informed of (state general nature
of the crisis with no details or names). As we have
instructed you and as you have this contact on your
cards, if a member of the media contacts you, please
forward them to Patterson/Bach Public Relations Director
Sonya Snyder, who is awaiting all inquiries to assist them.
She will be in charge of all messaging for control and
consistency at this time. Thank you for your cooperation.”
It is important that no employee make any statement,
comment, or speculation to any member of the media,
vendors, industry peers, the general public, or family
and friends of the victim(s), etc. Sonya Snyder is the only
authorized contact and source to the media.
If you have any questions or if you hear of any rumors or
additional information related to the crisis, please contact
your MWMA/FSR Crisis Management Team leader, who will
forward this to Patterson/Bach Communications and Sonya
for review.
We appreciate your staying within our protocols at this
time. This includes following communications procedures
as requested and to remember to use only that, and do not
respond with “no comment.”
There are many people working together to gather
information, so that we may keep you updated with new
developments and next steps.
Thank you, in advance, for your commitment to helping this
situation by following these MWMA/FSR policies.
4
Incident Call Log
The purpose of this log is to track, document and
record all incoming calls, rumors, and crisis applicable
communications, so that Patterson/Bach Communications
and Sonya Snyder is able to efficiently and effectively review
and prioritize inquiries expeditiously. This log significantly
aids in the organized transfer of consistently formatted
data from one or more receptionists (or others who answer
Date
Time
phones at various locations or may be recruited to do so
in the event of a crisis), to Sonya. Because of multiple
receptionists, make sure each receptionist also provides his
or her name, title, and cell/address for follow-up as may be
needed. Please print clearly.
Caller’s Name
Title
Organization
Cell #
Accept Texts?
Email address
Caller’s Name
Title
Organization
Cell #
Accept Texts?
Email address
Caller’s Name
Title
Organization
Cell #
Accept Texts?
Email address
Caller’s Name
Title
Organization
Cell #
Accept Texts?
Email address
Caller’s Question:
Date
Time
Date
Time
Date
Time
Then record inquiry as close to the way it was asked as
possible, verbatim is optimum.
Forward to PB and Sonya Snyder.
Respond to ALL inquiries with:
Date
Time
Receptionist’s Name
Title
Organization
Cell #
Accept Texts?
Email address
5
Media Communications Management - Background
General
Jim Drayton or PB and Sonya Snyder should be the only
persons to make any and all statements to the media, and
PB and Sonya Snyder will be the only public contact to the
media until such time as PB has opened and has vetted the
interview process and questions/answers for Jim.
Once the crisis is finished, a complete investigation has been
executed, and the final details are announced that releases
MWMA/FSR from all liability, then PB and Sonya Snyder will
produce a final, truthful and informative statement to the
media for Jim to give verbally, or in a release format from
MWMA/FSR, based on crisis criteria and interest.
In all such situations, proper protocol demands that the
critical first announcement should be short and provide only
verified information until more facts are determined and
discussed with MWMA/FSR team to ensure that releasing
that information to the media is appropriate. Optimally, a
timeframe for updates will be arranged, to help control the
amount of random, ongoing inquiries.
For example, if the first announcement is made at 9 a.m., then we
could state that a press conference is planned for 2:30 p.m. to
ensure time to gather additional information, prepare talking
points, spokesperson, and present them to the media and
general public. In some cases this is not possible and this is
only an option. In more dire circumstances, more on-going
communications and media alerts are sent as the story
unfolds to news sources, and a press conference is pushed
back for a later time or withdrawn as an option. This is all
determined in agreement by the crisis type, core situation,
and liability potentials for MWMA/FSR.
During the first announcement, it is also important to clearly
identify the name and direct contact phone number to which
all inquiries should be directed (i.e., Sonya Snyder). PB and
Sonya will handle all requests for news source information,
as she is collating and disseminating the compilation of
information from which she will draft valid talking points.
Again, using communications tools as given, is optimal:
6
Media Communications Management - Background
Media
Depending on the severity of the incident, especially
regarding loss of life, regional and/or national media may
have interest in the story. Also, local media will often choose
to follow the story closely and request the most information,
which can significantly multiply the inquiries and pressure
of the timing and frequency of updated statements. It is
important to remember our information has to be truthful,
accurate, timely and straightforward. We will try to meet
media deadlines, but ONLY when substantiated information
can be released, not speculation.
It is the responsibility of the MWMA/FSR Crisis
Management Team to disseminate and approve the facts
to PB and Sonya, who will then plan the messaging and
positioning to give the correct data and facts to the media.
In order for media to provide accurate reports, and trust
MWMA in the crisis and the future, Sonya must receive
accurate data from the MWMA/FSR Crisis Management
Team, their sources and boots on the ground who have the
first-hand facts of the crisis. The media require as much
information and access as possible. When possible and
if timing allows, printed media alerts, press releases and
social media where applicable, will assist.
PB and Sonya will work with the MWMA/FSR Crisis
Management Team to receive approval for talking points
for press conferences, statements for press releases, and
responses to inquiries. It is imperative that PB and Sonya
have an open door policy with every member of the MWMA/
FSR Crisis Management Team.
That the MWMA/FSR team respects the crisis as an
immediate, time-sensitive entity, which requires a “dropeverything” mentality within the team for instant responses
and approvals or immediate revisions to inquiries. Only this
agreement in advance will result in PB’s ability to be able to act
efficiently and appropriately to contain a crisis and protect the
client’s reputation, if possible, based on actual crisis.
Because of the time sensitivities within a crisis and the fact
that only after each of the individuals on the MMWA/FRS
team has approved the document(s) can they be released,
this immediate sensitivity is critical to any success within a
crisis situation.
7
b.
c.
December 31, 2013
JOSEPH V. MARULLO, SR. LLC
Certified Public Accountant
December 31, 2013
TABLE OF CONTENTS
December 31, 2013
Page
INDEPENDENT AUDITOR’S REPORT
1
FINANCIAL STATEMENTS:
Balance Sheet
2
Statement of Revenues, Expenses, and Changes
in Fund Balances
3
Statement of Cash Flows
4
Notes to Financial Statements
5
JOSEPH V. MARULLO, SR. LLC
Certified Public Accountant
INDEPENDENT AUDITOR’S REPORT
Board of Directors
Metrowest Master Association, Inc.
Orlando, Florida
I have audited the accompanying financial statements of Metrowest Master Association,
Inc. which comprise the balance sheet as of December 31, 2013, and the related
statements of revenues, expenses, and changes in fund balances, and cash flows for the
year then ended, and the related notes to the financial statements.
Management’ Responsibility for the Financial Statements
Management is responsible for the preparation and fair presentation of the financial
statements in accordance with accounting principles generally accepted in the United
States of America; this includes the design, implementation, and maintenance of
internal control relevant to the preparation and fair presentation of financial
statements that are free from material misstatement, whether due to fraud or error.
Auditor’s Responsibility
My responsibility is to express an opinion on these financial statements based on my
audit. I conducted my audit in accordance with auditing standards generally accepted
in the United States of America. Those standards require that I plan and perform the
audit to obtain reasonable assurance about whether the financial statements are free
from material misstatement.
An audit involves performing procedures to obtain audit evidence about the amounts and
disclosures in the financial statements. The procedures selected depend on the
auditor’s judgment, including the assessment of the risks of material misstatement of
the financial statements, whether due to fraud or error. In making those risk
assessments, the auditor considers internal control relevant to the entity’s
preparation and fair presentation of the financial statements in order to design audit
procedures that are appropriate in the circumstances, but not for the purpose of
expressing an opinion on the effectiveness of the entity’s internal control.
Accordingly, I express no such opinion. An audit also includes evaluating the
appropriateness of accounting policies used and the reasonableness of significant
accounting estimates made by management, as well as evaluating the overall
presentation of the financial statements.
I believe that the audit evidence I have obtained is sufficient and appropriate to
provide a basis for my audit opinion.
Opinion
In my opinion, the financial statements referred to above present fairly, in all
material respects, the financial position of Metrowest Master Association, Inc. as of
December 31, 2013, and the results of its operations and its cash flows for the year
then ended in conformity with accounting principles generally accepted in the United
States of America.
Joseph V. Marullo, Sr., CPA LLC
Orlando, Florida
March 31, 2014
1561 ANNA CATHERINE DRIVE ORLANDO, FLORIDA 32828 407-281-6005
MEMBER OF FLORIDA INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS
BALANCE SHEET
December 31, 2013
ASSETS
Cash
Cash - Future capital improvements
Accounts receivable, net of
allowance for doubtful accounts
of $39,928
Prepaid insurance
Prepaid expenses
$
348,817
425,344
371,671
4,611
219
$ 1,150,662
LIABILITIES AND FUND BALANCES
Collection fees due
Accrued expenses
Prepaid assessments
Loan payable-BMO Harris
TOTAL LIABILITIES
DESIGIGNATED FUNDS FOR FUTURE CAPITAL IMPROVEMENTS
FUND BALANCES
$
1,474
36,207
104,784
527,928
670,393
425,344
54,925
480,269
$ 1,150,662
The accompanying notes are an integral part of this statement.
2
STATEMENT OF REVENUES, EXPENSES, AND CHANGES IN FUND BALANCES
For the Year Ended December 31, 2013
REVENUES
Assessments
Late fee interest
Litigation legal income
Legal fee income
Signage income
Marketing activities
Interest income
Other
$
2,106,277
45,270
328,828
4,821
18,575
40,383
835
4,276
$
2,549,265
$
182,853
359,580
41,194
44,688
146,257
105,456
55,980
60,405
565,953
152,913
111
25,070
3,704
2,544
6,255
12,000
12,252
125,977
39,678
275,675
14,206
529,717
-
EXPENSES
Repairs and maintenance
Grounds maintenance
Lake maintenance
Irrigation
Salaries and benefits
Utilities
Management fees
Professional fees
Legal fees
Litigation expense
Licenses, taxes permits
Insurance
Loan interest
Advertising
Office expenses and supplies
Office rental
Camera maintenance
Marketing
Marketing events
Security services
Miscellaneous
Special projects - irrigation
Major repairs and replacements
2,762,468
EEXCESS (DEFICIENCY) OF REVENUES OVER EXPENSES
(213,203)
FUND BALANCES - BEGINNING
FUND BALANCES - ENDING
693,472
$
480,269
3
STATEMENT OF CASH FLOWS
For the Year Ended December 31, 2013
CASH FLOWS FROM OPERATING ACTIVITIES
Cash received from assessments
Interest received
Other income received
Operating expenses paid
$
2,165,598
835
442,153
(2,771,426)
(162,840)
CASH (USED) BY OPERATING ACTIVITIES
CASH FLOWS FROM FINANCING ACTIVITIES
Proceeds from loan
527,928
NET INCREASE IN CASH
365,088
CASH - BEGINNING OF YEAR
409,073
CASH - END OF YEAR
$
774,161
$
(213,203)
RECONCILIATION OF EXCESS (DEFICIENCY) OF
REVENUES OVER EXPENSES TO CASH PROVIDED
BY OPERATING ACTIVITIES
Excess (deficiency) of revenues over expenses
Adjustments to reconcile excess of
revenues over expenses to net cash
provided by operating activities:
(Increase) decrease in:
Assessments receivable (net)
Prepaid insurance
Other asset
Increase (decrease) in:
Accounts payable
Collection fees due
Accrued expenses
Prepaid assessments
CASH (USED) BY OPERATING ACTIVITIES
26,852
(3,110)
10,227
(33,083)
615
16,393
32,469
$
(162,840)
4
NOTES TO FINANCIAL STATEMENTS
NOTE A - NATURE OF ORGANIZATION
Metrowest Master Association, Inc. (the Association), is incorporated
under the laws of the State of Florida as a not-for-profit corporation
for the purpose of providing architectural control, maintenance and
preservation of the common areas of a master planned community known as
Metrowest,
consisting
of
residential
property
units,
commercial
property units (retail establishments and offices) and a golf and
country club, located in Orange County, Florida. All community
associations within Metrowest, owners of property units not subject to
a community association declaration, and the developer of the master
planned community are members of the Association. The owners of
property units, which are subject to the covenants and restrictions of
the Master Declaration of Protective Covenants and Restrictions for
Metrowest (the “Declaration”), including the obligation to pay
assessments to the Association The Association is managed by the Board
of Directors (the Board).
The Board has contracted with FirstService Residential (the Property
Manager) to manage the property.
NOTE B - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Fund Accounting
To ensure observance of limitations and restrictions placed on the use
of resources available to the Association, the Association maintains
its accounts in accordance with the principles of fund accounting.
This is the procedure by which resources for various purposes are
classified for accounting and reporting purposes into funds established
according to their nature and purposes. The Operating Fund is used to
account for financial resources available for the general operations of
the Association. Disbursements from the Operating Fund are generally at
the discretion of the Board of Directors and the Association manager.
In addition, the Board has designated funds for future capital
improvements. Disbursements from any future replacement and deferred
maintenance fund and from any future special purpose fund may be made
only for their designated purpose.
Property and Equipment
Real property owned by individual unit owners in common and
improvements to such property are not capitalized in the financial
statements.
Estimates
The preparation of financial statements in conformity with generally
accepted accounting principles requires management to make estimates
and assumptions that affect certain reported amounts and disclosures.
Accordingly, actual results could differ from those estimates.
5
NOTE B - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - Continued
Date of Management’s Review
In preparing the financial statements, the Association’s management has
evaluated events and transactions for potential recognition or
disclosure through March 31, 2014, which is the date the financial
statements were available.
Member Assessments
Each community association within Metrowest is responsible for the
collection of assessments imposed on each property owner.
If a
community association has not collected its assessments from an owner
under its jurisdiction, it shall notify the Association of the identity
of such owner. Upon reliance of such information, the Association may
impose a lien on such delinquent owner’s property unit. The Association
considers assessments delinquent if they are more than ten days in
arrears.
Any excess assessments at year-end are retained by the Association for
use in future years.
The Association provides for doubtful accounts
based on experience and analysis of individual accounts. When the
collectability of a receivable becomes questionable, an allowance for
doubtful accounts is established. When specific accounts are determined
to be uncollectible, they are written off by charging the allowance and
crediting the receivable. At December 31, 2013, the Association had
assessments receivable of $371,671, net of allowance of doubtful
accounts of $39,928.
Statement of Cash Flows
The Association considers all investments with an original maturity of
three months or less to be cash equivalents.
NOTE C - INCOME TAXES
Homeowners’ associations may elect to be taxed as regular corporations
or as homeowner's associations. The Association elected to be taxed as
a homeowner’s association for the year ended December 31, 2013 and
filed Form 1120-H. Under that election, the Association is taxed on its
nonexempt function income, such as interest earnings, at a flat rate of
30%. Exempt function income, which consists primarily of member
assessments, is not taxable. There were no income taxes due for the
year ended December 31, 2013.
Under federal and state income tax laws, the Association’s income tax
returns
are
subject
to
examination
by
the
applicable
taxing
authorities. The time period during which a return may be selected by a
taxing authority for examination is generally three years from the due
date of the tax return including extensions. At December 31, 2013 the
Association’s tax years that remain subject to examination are 20102013. In evaluating the Association’s tax provisions and accruals, the
Association believes that its estimates are appropriate based on
current facts and circumstances. The Association continually evaluates
expiring statutes of limitations, audits, proposed settlements, changes
in tax law, and new authoritative rulings.
6
NOTE D - FUTURE MAJOR REPAIRS AND REPLACEMENTS
Florida Statutes allow homeowners’ associations to budget reserve
accounts for capital expenditures and deferred maintenance for which
the association is responsible. An association shall be deemed to have
provided for reserve accounts when reserve accounts have been initially
established by the developer or when the membership of the association
affirmatively elects to provide for reserves.
Once an association
provides for reserve accounts in the budget, the association shall
thereafter determine, maintain, and waive reserves in compliance with
the Florida Statutes.
Accumulated funds, which aggregate $425,344 at
December 31, 2013, are held in separate bank accounts and are not
generally available for operating purposes.
The Association’s board of director’s engaged a Reserve Specialist who
completed a Future Capital Fund Study in 2012. Actual expenditures,
however, may vary from the estimated amounts and these variations may
be material.
Therefore, amounts accumulated may not be adequate to
meet future needs.
If additional funds are needed, however, the
Association has the right to increase regular assessments or it may
delay major repairs and replacements until funds are available.
NOTE E – LITIGATION
The Association is involved in various types of current and potential
litigation of which the outcomes are uncertain at the date of the
report. The Association’s attorneys intend to vigorously pursue and
defend any litigation and expect that a favorable outcome will be
achieved.
NOTE F – BMO HARRIS BANK LOAN
The Association entered into a non-revolving line of credit and term
loan with BMO Harris Bank (bank). The bank authorized the loan up to
$1,700,000. The purpose of the loan was to provide funds for capital
improvements to the Metrowest Master Association irrigation system.
The loan is a non-revolving line for 18 months then a 60 month
amortizing term loan. The interest rate is 4% fixed and the repayment
schedule includes interest only for 18 months, then monthly principal
and interest payments of approximately $31,308.09, based on a 60 month
amortization. The loan will mature in 6.5 years and is collateralized
by assignment of assessments and a UCC 1 line on assets. In addition,
the loan agreement has required covenants and general conditions which
have to be met. Loan proceeds received during 2013 were $527,928.
NOTE G – UNINSURED CASH BALANCES
The Association maintains its cash balances at several financial
institutions. Accounts at each institution are secured by the Federal
Deposit Insurance Corporation up to $250,000. Uninsured balances are
approximately $118,208 at December 31, 2013.
NOTE H – SUPPLEMENTAL CASH FLOW INFORMATION
Income taxes paid
$0
Interest paid
$3,704
7
d.
Rules and Regulations of MetroWest Master Association Inc.
PREAMBLE
Pursuant to ¶ 3.6 of the Master Declaration of Protective Covenants and Restrictions for
MetroWest (the “Declaration”), the METROWEST MASTER ASSOCIATION INC. (the
“MWMA”) has determined that it is in the best interest of the Owners to promulgate and enforce
Rules and Regulations consistent with the Declaration as it may deem to be in the best interest of
the OWNERS. Periodically, these Rules and Regulations may be revised, amended and
supplemented as necessary in order to further implement and carry out the intent of the
Declaration and related Governing Documents.
A copy of all Rules and Regulations established hereunder and any amendments thereto
shall be made available to all OWNERS and Residents by the MWMA by posting on the
MWMA website at metrowestmaster.com. Failure of an OWNER or Resident to review the
Rules and Regulations on the MWMA website or to otherwise obtain a copy of the Rules and
Regulations shall not excuse such OWNER or Resident from the requirement to abide by the
Rules and Regulations. Such Rules and Regulations may be enforced by legal or equitable
action of the MASTER ASSOCIATION. Sanctions for violations of Rules and Regulations may
include reasonable monetary fines and suspension of the right to vote and the right to use of the
Common Area. Prior to any decision to suspend voting rights or the right to use of the Common
Area, or to impose a monetary penalty, the BOARD of MWMA shall grant notice and hearing
pursuant to the Bylaws.
RULES AND REGULATIONS
1. MEMBER COMMUNITY ASSOCIATIONS TO PROVIDE NOTICE OF MEETINGS.
1.1
All Member Community Associations as defined in the Declaration shall provide
electronic notification to MWMA via its management email address of all
meetings of its property/unit owners, board members and committees, including
the date, time, location and agenda for such meeting.
1.2
The electronic notification shall occur immediately upon the setting of such
meeting, in order to allow the MWMA adequate time to appoint a representative
to attend the meeting, at the MWMA’s sole discretion.
1.3
As set forth in the Declaration, the MWMA shall have the absolute power to veto
any action taken or contemplated to be taken, and have the absolute power to
require specific action to be taken, by any Community Association.
2. MEMBER COMMUNITY ASSOCIATIONS TO PROVIDE BUDGET ANNUALLY
AND OFFICIAL RECORDS UPON REQUEST.
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2.1
2.2
All Member Community Associations as defined in the Declaration shall provide
to the MWMA electronic copies of their budget on an annual basis beginning
January 1, 2015, and by January 1 of each year therafter.
All Member Community Associations as defined by the Declaration shall
immediately produce for inspection by the MWMA upon request a copy of any
Official Records maintained by that Community Association pursuant to Fla. Stat.
§§ 718-720 (2013).
3. LEASING CRITERIA.
3.1
The implementation of minimum leasing criteria within MWMA is necessary in
order to define the character of the community by lowering crime, assuring the
safety of residents, preserving property values and generally maintaining the
intended quality, character and image of the community.
3.2
Therefore, all Homeowners Associations, Condominium Associations and Rental
Apartments within MWMA shall provide within 30 days of the posting of this
Rule, any and all policies or other requirements for leasing units, including but
not limited to any applicant/tenant approval criteria, form applications, criminal
and/or credit check requirements and procedures for identifying
residents/occupants, including identification of vehicles owned or driven by
residents/occupants.
3.3
Any Homeowners Association, Condominium Association or Rental Apartment
which does not promptly provide their existing leasing policies described above,
or who does not have such policies in effect to the satisfaction of the MWMA,
will be required to adopt minimum leasing criteria to be approved by MWMA,
including but not limited to reasonable minimum limits on length of lease,
requirements for criminal and financial background checks for potential leasing
residents/tenants, and requirements that the Homeowners Association,
Condominium Association or Rental Apartment obtain and retain on file at their
office copies of all driver’s license or state issued ID of all dwelling
residents/occupants and license plate numbers for all vehicles used by such
residents/occupants.
3.4
Beginning on January 1, 2015, all Homeowners Associations, Condominium
Associations and Rental Apartments must provide a copy of their leasing criteria
described above to the MWMA on an annual basis.
3.5
If a Condominium Association or Rental Apartment fails to implement and/or
enforce their leasing criteria, the MWMA has the power to require such action
take place and will seek all necessary steps to ensure compliance. The MWMA
may assess that Member for the cost of such enforcement as well as impose
monetary fines and suspend voting rights as described above and in the
Declaration.
2
4. RIGHT OF ACCESS TO BE GRANTED FOR PUBLIC SAFETY INITIATIVE.
4.1
The MWMA seeks to promote the security of the Owners and Residents of
Property Units within MetroWest, as a safe and thriving community is a
paramount goal. The MWMA has the power to provide for or contract for private
security, fire safety or other outside services, as its Board deems necessary or
appropriate.
4.2
As such, the MWMA has an easement for access to enter upon property to
provide for the service of security, including rights of ingress, egress and access
for persons and equipment as necessary for such purposes.
4.3
As part of promoting the safety and security of the Owners and Residents of
Property Units within MetroWest, the Board is implementing a Public Safety
Initiative.
4.4
This Public Safety Initiative may require the entry upon private property.
Therefore, the MWMA reaffirms its right to enter such property, and requires the
cooperation of the Owner/Resident of the property.
4.5
All Community Associations within MetroWest that restrict access to the public
by gate or guard must immediately provide gate code or other information
necessary for MWMA or its agents to have immediate access to enter the
community.
5. REQUEST PROCESS FOR INSPECTION AND COPYING OF MWMA’S RECORDS.
5.1
5.2
5.3
5.4
5.5
5.6
All record requests must specifically identify the Official Records (as defined by
Fla. Stat. § 720.303(4)) which are to be inspected and/or copied.
MWMA will use its best efforts to meet all reasonable requests for access to the
Official Records within 10 business days of any written request submitted to the
MWMA Board or other designee.
Compliance with a record request may occur simply by having certain records
available on MWMA’s website via the internet at metrowestmaster.com.
Other records not available on MWMA’s website shall be inspected and/or copied
only during regular office hours, and no more frequently than one 8-hour business
day per month per parcel owner.
Such inspections will occur only at the MWMA’s Management office location.
If a photocopy machine is available at the Management office, MWMA will
provide copies on request during the inspection if the entire request is limited to
no more than 25 pages at 25 cents per page. If a photocopy machine is not
available or the records requested to be copied exceed 25 pages in length, the
MWMA may have copies made by an outside duplicating service and may charge
the actual cost of copying.
3
5.7
5.8
5.9
Additionally, MWMA may impose fees of $20 per hour to cover the costs of
providing copies of the Official Records, including the costs of copying and the
costs required for personnel to retrieve and copy the records, if the time spent
retrieving and copying the records exceeds one-half hour and if the request is
more than 25 pages.
MWMA will allow a member, or his or her authorized representative, to use a
portable device, including a smartphone, tablet, portable scanner, or any other
technology capable of scanning or taking photographs, to make an electronic copy
of Official Records in lieu of providing a copy of such records.
Pursuant to Fla. Stat. § 720.303(5)(c)(1)-(7) certain records are not accessible to
members or parcel owners and will not be produced for inspection or copying.
These records include, but are not limited to, any records protected by the lawyerclient privilege and the work-product privilege; personnel records; medical
records; social security numbers and certain other personal identifying
information.
6. FINES AND SUSPENSIONS
6.1
6.2
6.3
6.4
The MWMA may levy fines, and impose suspension of membership rights (if
applicable to a Member), against any person, parcel owner, Community
Association or Member who violates any provision of the Governing Documents
of the MWMA. Fines or suspension may be levied or imposed through the
issuance of a Notice of Violation to the violating party, and in such event the
violation party shall be entitled to a single hearing in front of the Fining
Committee, which shall be held no earlier than 14 days following the issuance of
the Notice of Violation.
The MWMA may, in its sole discretion and without duty to do so, provide
courtesy notices for certain violations in advance of the issuance of a Notice of
Violation. The providing of such a courtesy notice shall not amount, at that time,
or in the future, to any waiver or limitation of the right of the MWMA to impose
fines or suspend membership privileges for any violation.
The issuance and providing of a Notice of Violation and the waiting period of 14
days prior to a hearing on the violation shall not act or be construed as a cure
period, and the MWMA may proceed with the levying of a fine, or imposition of
suspension against the violating party, in its sole discretion, regardless of whether
the violation is cured or abated during said 14 day period.
The MWMA shall have the right to levy the maximum fine, both daily and in
total, as provided under Chapter 720, Florida Statutes, as amended from time to
time.
4
e.

AGENDA - MetroWest Orlando, FL

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