5034 N. Hiatus Road, Sunrise, FL 33351 P (954) 747-5128 F (954) 747-5131 www.commfitnessproducts.com Initial ________ 1 | P a g e PREVENTATIVE MAINTENANCE PLAN Under the following Terms and Conditions, Commercial Fitness Products (“CFP”) agrees, for the stated fees, to perform Preventive Maintenance Service for one (1) year from the effective date for the customer. The equipment that will receive the maintenance service has been listed by type, model, and serial number. This custom plan has been specifically designed to fit the needs of the Customer. The equipment covered under this agreement will be routinely maintained in accordance with the manufacturer’s recommendations. The maintenance provided will focus on increasing the life of the Customer’s equipment, decreasing or eliminating downtime, and maintaining the equipment at peak performance. Upon the first PM Visit under this Agreement, an initial inspection will be performed. A detailed Estimate of equipment in need of repair will be submitted for the Customer’s approval. This estimate is provided at no charge. It is the Customer’s responsibility for the equipment under contract to be brought up to proper working specifications. Customer warrants that the listed equipment is in proper working order on the effective date of this Agreement. Services to be performed under this PM Plan – Routine PM Service Each regularly scheduled preventative maintenance call shall include a complete function and safety inspection. Additionally, cleaning, lubrication, and mechanical adjustments determined as due by CFP will be performed. The cost of routine supply items required for preventative maintenance service is included herein. Any necessary repairs will be identified, and an estimate will be provided to the Customer for approval. All services covered by this Agreement will be performed during CFP’s regular hours of 9:00 AM and 5:00 PM weekdays, excluding holidays. If emergency service is requested outside such regular hours, the CFP’s Emergency Rates prevail - $155.00/Hour/Technician, plus a Service Charge of $155.00. Repairs If a non-warranty repair is required, Commercial Fitness Products (CFP) will use its best efforts to complete the repair as quickly as possible. The Customer may contact CFP during regular business hours to speak with a Service Representative or may email CFP at any time. Upon contact, the Customer will be provided with a recommended course of action to resolve the issue or scheduled for a service call as needed. All repair services are billed at discounted labor rates (as shown below) plus the cost of parts. Any nonpreventive maintenance (non-PM) service performed during regular working hours will be billed at the following discounted rates for the term of this Agreement. (Standard labor rate and service charge for non-PM customers: $105.00 per hour, per technician.) 2 of 5 5034 N. Hiatus Road, Sunrise, FL 33351 P (954) 747-5128 F (954) 747-5131 www.commfitnessproducts.com Initial ________ 2 | P a g e Discounted Repair Rates: • Labor Rate: $95.00 per hour, per technician (1-hour minimum) • Service Charge: $95.00 per trip • All repairs, including diagnostic service calls, are billed with a one-hour minimum charge. After the first hour, labor is billed in half-hour (½ hour) increments. All repair labor, parts, and service charges shall be invoiced with Net 30-day payment terms. Estimate – A written Estimate will be presented for each billable part, accessory, or supply, and/or labor. The Estimate must be approved by the Customer prior to CFP – a.) ordering the part, b.) scheduling a service call. Service Request – Service Requests must be made in writing by the individual Property Manager or a staff member authorized to make such a request. Service Requests must include all pertinent information related to the machine and its reported issue. Essential information required for timely repair includes identifying the machine by make/model/serial #, and a description of the problem. Repairs necessitated by casualty, acts of God (unforeseen, naturally occurring events that were unavoidable), voltage aberrations (high or low spikes in electricity to the product), abuse (misuse of product, vandalism, or any act which harms the product in any way), or negligence, are not covered by this agreement but will be provided at Servicer’s hourly rate(s) plus parts. Repair calls requested as a result of “User Error”, in which no actual repair is required, will be billed at the CFP’s PM Customer’s 1 Hour Labor Rate of $95.00, plus a Service Charge of $95.00. Warranty All Repair services done by CFP will be warranted for ninety (90) days from the service date. Parts used for the repair will be covered under the parts supplier or manufacturer’s specific warranty period. All required Parts not covered by CFP’s warranty will be billed at CFP’s current Preferred Customer discounted price plus shipping charges. 3 of 5 5034 N. Hiatus Road, Sunrise, FL 33351 P (954) 747-5128 F (954) 747-5131 www.commfitnessproducts.com Initial ________ 3 | P a g e Governing/Venue This Agreement shall be construed in accordance with the laws of the State of Florida. In the event of any dispute, the parties shall retain all rights and remedies available to them by law. In the event there shall be any litigation between parties, the prevailing party shall be entitled to recover from the other party its reasonable attorney fees, including any associated fees and court costs. Payment Payment Terms are “Net 30 Days”. All unpaid balances under this agreement shall bear interest at the rate of 1.5% per month, simple interest, in the event that such invoice is not paid within thirty (30) days from the date service is rendered. If the Customer requires an internal Purchase Order, or other such documentation, to be generated internally, for any expense, including service labor or parts, the Customer must inform CFP of this policy and the procedure for submitting Invoices, prior to executing this agreement. Insurance. Indemnification CFP, at its sole cost and expense, shall provide and keep in force insurance coverages for Workman’s Compensation, Comprehensive General Liability, and Comprehensive Automobile Liability. It is understood and agreed that this is a service & maintenance agreement only, and that under this plan, Servicer will be performing routine Preventive Maintenance procedures. CFP shall have no liability arising out of, or in connection with, personal injury or property damage resulting from the use of the equipment by any person on the premises in which the equipment is located. Customer agrees to indemnify and hold CFP, its directors, officers, employees, and agents, harmless from and against any and all claims, lawsuits, costs, damages, liabilities, and expenses, including attorney’s fees. This Agreement shall not be construed as an assumption by Servicer of any risk of loss or liability due to the undersigned’s failure to routinely inspect, or negligent inspection of, the equipment by its own staff. CFP shall not be responsible to any third party or ultimate user for harm caused by continued use of equipment and/or parts that are deemed unsafe by CFP Cancellation Either party may cancel at any time for any reason, provided a written notice has been received thirty (30) days prior to the next scheduled call. Customer shall render payment on any outstanding invoices within five (5) business days preceding cancellation of services. 4 of 5 5034 N. Hiatus Road, Sunrise, FL 33351 P (954) 747-5128 F (954) 747-5131 www.commfitnessproducts.com Initial ________ 4 | P a g e Agreement This agreement may not be amended except in writing, agreed to, and signed by both parties. Explanation of Services: During each preventative maintenance visit, all equipment covered under this agreement will be: . Inspected for safety & proper function . Cleaned . Lubricated . Adjusted in accordance with manufacturers’ specifications . Parts & Repair Estimate provided as needed. Signature: ______________________________________ Print Name: ____________________________________ Date: __________________________________________ 5 of 5 REQUISITION NO. 12 (2022 Acquisition and Construction Account) BANNON LAKES COMMUNITY DEVELOPMENT DISTRICT (ST. JOHNS COUNTY, FLORIDA) $9,135,000 Special Assessment Revenue Bonds, Series 2022 The undersigned, a Responsible Officer of Bannon Lakes Community Development District (the "District") hereby submits the following requisition for disbursement under and pursuant to the terms of the Master Trust Indenture from the District to The Bank of New York Mellon Trust Company, N.A., as trustee (the "Trustee"), dated as of January 1, 2016 (the "Indenture"; all capitalized terms used herein shall have the meaning ascribed to such term in the Indenture): (A) (B) Requisition Number: 1 2 Name of Payee: Southern Recreation, Inc. 4060 Edison Avenue Jacksonville, FL 32254 (C) Amount Payable: $75,825.00 (D) Purpose for which paid or incurred (refer also to specific contract if amount is due and payable pursuant to a contract involving progress payments, or, state Costs of Issuance, if applicable): Southern Recreation Inc -Benches, triangle shade structure, umbrella shade structure and engineered drawings. (E) Fund or Account from which disbursement to be made: 2022 Acquisition and Construction Account The undersigned hereby certifies that: 1. this requisition is for Costs of the 2022 Project payable from the 2022 Acquisition and Construction Account that have not previously been paid. 2. each disbursement set forth above is a proper charge against the 2022 Costs of Issuance Account. The undersigned hereby further certifies that there has not been filed with or served upon the District notice of any lien, right to lien, or attachment upon, or claim affecting the right to receive payment of, any of the moneys payable to the Payee set forth above, which has not been released or will not be released simultaneously with the payment hereof. The undersigned hereby further certifies that such requisition contains no item representing payment on account of any retained percentage which the District is at the date of such certificate entitled to retain.