ADDENDUM TO AGREEMENT FOR PEST CONTROL SERVICES BETWEEN 
ANABELLE ISLAND COMMUNITY DEVELOPMENT DISTRICT AND HARVEY 
PEST MANAGEMENT LLC 

 

THIS ADDENDUM (“Addendum”) is made and entered into as of this 22 day of May 2025, 
by and between: 

 

ANABELLE ISLAND COMMUNITY DEVELOPMENT DISTRICT, a local unit of specialpurpose 
government established pursuant to Chapter 190, Florida Statutes, being 
situated in Clay County, Florida, with an address c/o Governmental Management 
Services, LLC, 475 West Town Place, Suite 114, St. Augustine, Florida 32092 (the 
“District”); and 

 

HARVEY PEST MANAGEMENT LLC, a Florida limited liability company with a 
mailing address of 7033 East Smooth Bore Avenue, Glen Saint Mary, FL 32040 
(the “Contractor,” together with District, the “Parties”). 

 

RECITALS 

 

WHEREAS, the District and Contractor previously entered into that Agreement between 
Anabelle Island Community Development District and Harvey Pest Management LLC for Pest 
Control Services (the “Master Agreement” and along with this Addendum, the “Agreement”), 
incorporated herein by this reference; and 

 

WHEREAS, pursuant to Paragraph 4(A) of the Master Agreement, the Agreement may be 
amended by an instrument in writing executed by both Parties; and 

 

WHEREAS, the District and Contractor now desire to amend the Agreement to supplement 
the scope of services to include the subterranean termite service as described in Exhibit A; and 

 

WHEREAS, the District and Contractor each represent that it has the authority to execute 
this Addendum and to perform its obligations and duties hereunder, and each has satisfied all 
conditions precedent to the execution of this Addendum so that this Addendum constitutes a legal 
and binding obligation of each Party hereto. 

 

 NOW, THEREFORE, based upon good and valuable consideration and the mutual covenants 
of the Parties, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as 
follows: 

 

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

SECTION 2. ADDENDUM OF AGREEMENT. Pursuant to Paragraph 4(A) of the Master 
Agreement, the District and Contractor agree to amend the Agreement in the following manner: 

A. In addition to the Services described in the Master Agreement and 
any Exhibits thereto, the Contractor will provide the subterranean termite service 





plan, more particularly described in Exhibit A attached hereto (the “Additional 
Services”) for the District. 
B. It is understood and agreed that the payment of compensation for 
the Additional Services under this Addendum shall be paid in a total annual amount 
not to exceed Five Hundred Seventy-Five and No/100 Dollars ($575.00). Any 
annual renewal of this service shall be in a total annual amount not to exceed One 
Hundred Seventy-Five and No/100 Dollars ($175.00), subject to written 
agreement by both parties. 




SECTION 3. AFFIRMATION OF THE AGREEMENT. The Agreement is hereby affirmed 
and continues to constitute a valid and binding agreement between the Parties. Except as described 
in Section 2 of this Addendum, nothing herein shall modify the rights and obligations of the Parties 
under the Agreement. All of the remaining provisions, including, but not limited to, the 
engagement of services, fees, costs, indemnification, and sovereign immunity provisions, remain 
in full effect and fully enforceable. 

SECTION 4. AUTHORIZATION. The execution of this Addendum has been duly 
authorized by the appropriate body or official of the District and the Contractor, both the District 
and the Contractor have complied with all the requirements of law, and both the District and the 
Contractor have full power and authority to comply with the terms and provisions of this 
Addendum. 

SECTION 5. EXECUTION IN COUNTERPARTS. This Addendum may be executed in 
any number of counterparts, each of which when executed and delivered shall be an original; 
however, all such counterparts together shall constitute but one and the same instrument. 

SECTION 6. ANTI-HUMAN TRAFFICKING REQUIREMENTS. Contractor certifies, by 
acceptance of this Agreement, that neither it nor its principals utilize coercion for labor or services 
as defined in Section 787.06, Florida Statutes. Contractor agrees to execute an affidavit in 
compliance with Section 787.06(13), Florida Statutes. 

 

[signatures on following page] 

 


3 
IN WITNESS WHEREOF, the Parties execute this Agreement to be effective on the day and 
year first written above. 
ANABELLE ISLAND COMMUNITY 
DEVELOPMENT DISTRICT 
_______________________________ 
Vice/Chairperson, Board of Supervisors 
HARVEY PEST MANAGEMENT LLC, 
a Florida limited liability company 
________________________________ 
Print Name: ______________________ 
Title: ___________________________ 
Exhibit A: Additional Services 
Docusign Envelope ID: F988A58E-F2B1-4E0E-871E-31930EB92E44 
Harvey Pest Management LLCSignature - Harvey Pest Management LLCOwnerSignature - James Summerset

Exhibit A 

Additional Services 

 


TO: 
Board of Supervisors and District Staff 

FROM: 
District Counsel 

DATE: 
June 13, 2025 

RE: 
Anabelle Island Community Development District (“District”) – Sale of District 
Real Property 

At the direction of the Board, I have conducted a legal review regarding the potential sale 
of Tract 89, which is depicted on the plat entitled Anabelle Island Phases 1A and 1B recorded at 
Plat Book 68, Page 1 et seq, in the official records of Clay County Clerk and Recorder. This 
memorandum outlines the relevant legal considerations, including statutory requirements, 
procedural obligations, and potential restrictions that may impact the Board’s decision to proceed 
with the sale. The analysis below provides an overview of these factors to assist the Board in 
making an informed decision regarding the property disposition. 

Short Answer 

In summary, the District possesses the authority to convey Tract 89 to a private third party. 
Due to the lack of explicit procedural guidance in Chapter 190, Florida Statutes, the District may 
exercise discretion in establishing appropriate procedures for the sale of Tract 89. However, as 
explained more fully below, given that Tract 89 serves a significant public purpose and is integral 
to the District’s stormwater management system, proceeding with its sale may not be advisable. 

I. Authority 
Florida Statutes grants to community development districts (“CDDs”) the power to dispose 
of real and personal property in Section 190.011(1), Florida Statutes. Florida Statutes also grant 
the power to make and execute agreements and other instruments that are necessary or convenient 
for the exercise of those powers. Id. Because the District has the power to dispose of real property 
and enter into agreements that are necessary or convenient for the exercise of its power to dispose 
of property, the District has the statutory authority to proceed with the sale of Tract 89. 

II. Procedures 
Although Chapter 190 of the Florida Statutes specifically provides the District with the 
power to convey real property, it does not provide a procedure by which a District must sell such 
real property. In the absence of a “clear legislative directive,” the District “should take reasonable 
actions in selling or conveying real property determined to no longer be necessary for the purposes 
of the district.” See AGO 2004-44 (explaining absent clear legislative direction, a special district 
may rely on reasonable actions to convey real property). Due to the lack of statutory guidance 
concerning the process by which the District must sell real property, the District may use discretion 
in crafting reasonable procedures to sell or dispose of surplus real property. 

First, the District should formally approve the decision to begin the process of selling Tract 

89. This may include delegating a Supervisor to work with District staff during the sale process. 
Accordingly, please see the Resolution of the Board of Supervisors of the Anabelle Island 

Community Development District Approving the Sale of Tract 89; Providing A Severability 
Clause; and Providing an Effective Date attached as Exhibit B. 

Next, the District should obtain an independent appraisal to establish a fair market value 
for Tract 89. This valuation serves as a benchmark for negotiations, helping the District set an 
appropriate asking price and ensuring the asset is not sold below its worth. Please see the appraisal 
proposal attached hereto as Exhibit C. 

With valuation complete, the District can begin negotiations with the prospective buyer. 
Alternatively, the District could choose to publicly notice this property for sale and receive offers 
from multiple bidders. 

Once a price is agreed to between the District and a buyer, the Board of Supervisors can 
review and determine whether to accept the offer to purchase. If the offer is approved, the parties 
and begin closing the transaction. 

III. Other Considerations 
There are a number of other factors the Board should consider – specifically, the 
implications with regard to the stormwater improvements that exist on Tract 89 as well as the 
public policy concerns. 

A. Unobstructed Drainage Easement 
Tract 89 is subject to a 20’ unobstructed drainage easement (“UDE”) that provides the 
District rights for access; ingress and egress; drainage; and stormwater management purposes. Due 
to the conservation easement that surrounds Tract 37 (a stormwater pond), Tract 89 is the only 
access point for District contractors to perform stormwater maintenance for those related 
improvements. 

If Tract 89 is conveyed, the UDE will strictly limit the potential future use of Tract 89. 
Specifically, the future owner of Tract 89 will be limited by the following restrictions: 

Guaranteed Access for Maintenance: The District has the legal right to enter Tract 
89 to inspect, maintain, and repair any drainage infrastructure. The Owner must ensure that 
no fences, landscaping, or structures block this access. 

Permanent Drainage Functionality: The land within the easement must remain 
available for stormwater flow and management. The owner cannot alter the terrain in ways 
that impede water movement, such as grading changes or constructing barriers. 

Limitations on Development: Because the UDE cuts through Tract 89, the Owner 
will face restrictions on how they can use or develop the affected portion, e.g., building 
within the easement area is prohibited. 


Potential Liability for Obstructions: If the Owner obstructs the UDE—whether 
intentionally or accidentally—they may be responsible for damages or required to remove 
the obstruction at their expense. 

Regulatory Compliance: The UDE is subject to local, state, or federal 
environmental laws concerning stormwater runoff, flood prevention, and wetland 
preservation (i.e., St. Johns River Water Management District). Compliance is mandatory, 
and violations could result in penalties. 

B. Public Policy Considerations 
Alienating Land: Upon the sale of Tract 89, the District will lose control over 
activities conducted on the property. Any conditions the District attempts to impose 
through deed restrictions may be deemed unenforceable by a court if they are considered 
impermissible restrictions on private property rights. 

Consequently, there is a risk that—despite including various restrictions in the 
conveyance documentation—the new owner may engage in activities on Tract 89 that are 
contrary to the District’s best interests such as jeopardizing the adjacent wetlands or 
stormwater improvements that are located on the property. 

Public Policy and Public Trust: Tract 89 was intentionally dedicated to the District 
to carry out the District’s drainage plan. As observed from the plat, Tract 89 is integral to 
the District’s stormwater management system, as it provides houses infrastructure that 
benefits the entire district. 

Additionally, it serves as the sole access point to Tract 37—the adjacent stormwater 
pond—which is otherwise surrounded by upland buffer and a conservation easement. The 
establishment and dedication of Tract 89 to the District was intentional, and Tract 89 serves 
an important function in operating and maintaining the District’s drainage plan. Selling 
Tract 89 could lead to impairment of the District’s drainage plan. 

Furthermore, selling Tract 89 could adversely affect public perception of the 
District’s commitment to its responsibilities. The developer originally dedicated Tract 89 
to the District with the expectation that the District would maintain it, along with the rest 
of the stormwater improvements in the District and that are vital to the drainage plan. 
Divesting this property could undermine public confidence in the District’s management 
and operations of the community. 

Exhibit A – Depiction of Tract from Plat 
Exhibit B – Resolution 
Exhibit C – Proposal for Appraisal 


Exhibit A 

Depiction 


A map of land with numbers and lines
AI-generated content may be incorrect. 


 

 


Exhibit B 

Resolution 

RESOLUTION 2025-__ 

RESOLUTION OF THE BOARD OF SUPERVISORS OF THE 
ANABELLE ISLAND COMMUNITY DEVELOPMENT 
DISTRICT APPROVING THE SALE OF TRACT 89; 
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING 
AN EFFECTIVE DATE. 

 WHEREAS, the District was established by ordinance adopted by the Board of County 
Commissioners in and for Clay County, Florida, pursuant to the Uniform Community 
Development District Act of 1980, Chapter 190, Florida Statutes, as amended (the “Act”), and is 
validly existing under the Constitution and laws of the State of Florida; and 

WHEREAS, the Act authorizes the District to acquire and to dispose of real property and to 
make and execute contracts and other instruments necessary or convenient to the exercise of such 
powers; and 

 WHEREAS, the District has determined that Tract 89, as depicted on the Plat entitled 
Anabelle Island Phases 1A and 1B, recorded at Plat Book 68 at Page 1, et seq., of the Official 
Records of Clay County, Florida (“Tract 89”) no longer serves a valid public purpose; and 

 WHEREAS, it is in the best interest of the District to offer Tract 89 for sale and to use the 
proceeds from the sale of Tract 89 to provide the District with additional operating revenue to be 
used in accordance with Florida law and the District’s adopted budget. 

 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF 
SUPERVISORS OF THE ANABELLE ISLAND COMMUNITY 
DEVELOPMENT DISTRICT THAT: 

 SECTION 1. INCORPORATION OF RECITALS. All of the above representations, findings 
and determinations contained within the “Whereas Clauses” of this Resolution are recognized as 
true and accurate and are expressly incorporated into this Resolution. 

 SECTION 2. SALE AUTHORIZATION. The District authorizes the Chairman and District 
staff to take all actions necessary to consummate the sale of Tract 89, including but not limited to, 
engaging an independent appraiser, negotiating with potential buyers of Tract 89, and executing 
an agreement to sell Tract 89, subject to final Board of Supervisor approval of the sale terms. 

 SECTION 3. FINAL APPROVAL. The sale of Tract 89 is not binding upon the District 
unless and until the terms of the sale are approved by the Board of Supervisors at a publicly noticed 


Board of Supervisor meeting. The Board of Supervisors has full authority to decline to approve 
the transaction. 

 SECTION 4. SEVERABILITY. The invalidity or unenforceability of any one or more 
provisions of this Resolution shall not affect the validity or enforceability of the remaining portions 
of this Resolution, or any part thereof. 

 SECTION 5. EFFECTIVE DATE. This Resolution shall take effect immediately upon the 
passage and adoption of this Resolution by the Board of Supervisors of the Anabelle Island 
Community Development District. 

 

 PASSED AND ADOPTED this ____ day of ___________________ 2025. 

 

ATTEST: BOARD OF SUPERVISORS OF THE 
ANABELLE ISLAND COMMUNITY 
DEVELOPMENT DISTRICT 

 

_____________________________ ________________________________ 

Secretary/Assistant Secretary Chairperson, Board of Supervisors 

 

 


Exhibit C 

Proposals 

 

A letter of a contract
AI-generated content may be incorrect.

ANABELLE ISLAND COMMUNITY DEVELOPMENT DISTRICT 
Fiscal Year 2025 Assessments Receipts Summary 


ASSESSED 
UNITS 
ASSESSED 
SERIES 2022 
DEBT ASSESSED 
FY25 O&M 
ASSESSED TOTAL ASSESSED 
KB HOMES (1) 
TOTAL DIRECT INVOICES (1) 
ASSESSED REVENUE TAX ROLL 
TOTAL ASSESSED 
108108261369 
101,506.83 
101,506.83 
245,340.00 
346,846.83 
49,634.27 
49,634.27 
196,272.00 
245,906.27 
151,141.09 
151,141.09 
441,612.00 
592,753.09 

DUE / RECEIVED BALANCE DUE 
SERIES 2022 
DEBT RECEIVED 
O&M 
RECEIVED TOTAL RECEIVED 
KB HOMES (1)
TOTAL DIRECT RECEIVEDTAX ROLL DUE / RECEIVEDTOTAL DUE / RECEIVED 
(0.01) 
(0.01) 
- 
(0.01) 
101,506.83 
101,506.83 
245,830.61 
347,337.44 
49,634.27 
49,634.27 
196,664.49 
246,298.76 
151,141.10 
151,141.10 
442,495.10 
593,636.20 

(1) Direct Assessments are due: 50% due 12/1/24 and 25% due 2/1/25 and 5/1/25 
SUMMARY OF TAX ROLL RECEIPTS 
CLAY COUNTY DISTRIBUTION 
DATE 
RECEIVED 
SERIES 2022 
DEBT RECEIVED O&M RECEIVED TOTAL RECEIVED 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11/7/2024 184.27 147.42 
11/13/2024 1,881.60 1,505.28 
11/26/2024 23,520.00 18,816.00 
12/6/2024 109,132.80 87,306.24 
12/19/2024 103,878.78 83,103.03 
1/27/2025 950.60 760.48 
2/6/2025 960.40 768.32 
3/8/2025 --
4/7/2025 4,312.76 3,450.20 
5/6/2025 1,009.40 807.52 
--
--
--
--
--
--
--
331.69 
3,386.88 
42,336.00 
196,439.04 
186,981.81 
1,711.08 
1,728.72 
-
7,762.96 
1,816.92 
TOTAL RECEIVED TAX ROLL 245,830.61 196,664.49 442,495.10 

PERCENT COLLECTED 2022 O&M TOTAL 
% COLLECTED DIRECT BILL 
% COLLECTED TAX ROLL 
TOTAL PERCENT COLLECTED 
100.00% 
100.20% 
100.14% 
100.00% 
100.20% 
100.16% 
100.00% 
100.20% 
100.15%