CUTLER CAY COMMUNITY DEVELOPMENT
DISTRICT

MIAMI-DADE COUNTY REGULAR BOARD MEETING AUGUST 14, 2023
4:00 P.M.

Special District Services, Inc. 8785 SW 165th Avenue, Suite 200
Miami, FL 33193

www.cutlercaycdd.org 786.347.2711 Telephone 877.SDS.4922 Toll Free 561.630.4923 Facsimile

Call to Order

AGENDA
CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT
Cutler Cay Community Clubhouse 7755 SW 192nd Street Cutler Bay, FL 33157
REGULAR BOARD MEETING
August 14, 2023
4:00 p.m.

Proof of Publication	Page 1
Establish Quorum
Additions or Deletions to Agenda
Comments from the Public for Items Not on the Agenda
Approval of Minutes
June 6, 2023 Workshop Minutes	Page 2
June 12, 2023 Regular Board Meeting & PH Minutes…	Page 3
New Business
Consider Approval of FPL Boxes-Transformers Painting…	Page 10
Ratify and Approve Pressure Cleaning Man Proposal for Sidewalks…	Page 25
Ratify and Approve Waterflow Irrigation Proposal for Well Improvements…	Page 30
Email from Mr. Rama Parast of U. S. South Engineering & Testing Lab., Inc	Page 32
Alvarez Engineer’s Lake Bank Erosion Analysis and As-Built Plans…	Page 33
Discussion Regarding Bond Issuance
Old Business
Update from District Engineer on SAE Street Signage and Asphalt Repairs Project
Update from District Engineer on FP&L Pending Smart Nodes Installation
Update from District Engineer on Phase One, Priority One, Lake Bank Restoration Project
Update from District Engineer on Phase II, Pipe Replacement & Repairs Project
Update on the Status of the Storm Drain MTE and CCTV Pipe Inspection Proposal for the Location: Near 7548 SW 189th Street
Administrative Matters
Financial Update	Page 56
Accept and Receive 2023 Annual Engineering Report…	Page 61
Board Member and/or Staff Comments/Requests
District Counsel Update on the 2023 Florida Legislative Session	Page 69
Update on the Status of the Statement of Financial Interests Disclosure 2022 Form 1
Adjourn

MIAMI-DADE

STATE OF FLORIDA COUNTY OF MIAMI-DADE:

Before the undersigned authority personally appeared GUILLERMO GARCIA, who on oath says that he or she is the DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily Business Review flk/a Miami Review, of Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of

CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT - REVISED FISCAL YEAR 202212023 REGULAR MEETING SCHEDULE

in the XXXX Court,
was published in a newspaper by print in the issues of Miami Daily Business Review f/k/a Miami Review on

03/31/2023

Affiant further says that the newspaper complies with all legal	for  publication  in  chapter  50,  Florida

Swo  to and subscribed before me this

d�

31  day of MARCH, AD. 2023

J
(SEAL)

..-;,:/;-. >- 8>.RBARAT?:OMAS

t!,:;-. N:)/ ExpiresNove-.;iber2, 2025

/".·,., ··:\ Commission#HH187442

··:'.:f?i} ? ·-·· eoodsd Thru T,oy Fain lns111anr..-i 800-385-7019

GUILLERMO GARCIA personally known to me

Page 1

CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT WORKSHOP
JUNE 6, 2023

CALL TO ORDER

Mrs. Perez called to order the June 6, 2023, Workshop between the Board of the Cutler Cay Community Development District (the “District”) and the HOA Board at 4:05 p.m. in the Cutler Cay Community Clubhouse located at 7755 SW 192nd Street, Cutler Bay, Florida 33157.

PROOF OF PUBLICATION

Proof of publication was presented that notice of the Workshop had been published in the Miami Daily Business Review on May 26, 2023, as legally required.

OPEN DISCUSSION BETWEEN THE DISTRICT BOARD AND THE HOA BOARD REGARDING VARIOUS CUTLER CAY COMMUNITY RELATED TOPICS

The following District Board members were in attendance: Chairman Christopher T. Musser, Vice Chairman Omar Fonte and Assistant Secretaries Donna Fishbein and Leo Corradini.

Mrs. Perez advised that this was a Workshop to provide open discussions amongst both the District and the HOA Boards and that formal minutes would not be taken. She further noted that the District Board would not be able to make any decisions during this Workshop.

The meeting opened with an introduction of each of the Board Members and Staff present followed by open discussions between both Boards regarding current project status updates, security, landscaping, District infrastructure, community concerns and future projects.

BOARD MEMBER/STAFF/PUBLIC COMMENTS

There weren no further Board Member, Staff or public comment.

ADJOURNMENT

There being no further business to come be addressed, the Workshop was adjourned at 6:36 p.m. There were no objections.

ATTESTED BY:

Secretary/Assistant Secretary	Chairman/Vice Chair

CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT PUBLIC HEARING & REGULAR BOARD MEETING JUNE 12, 2023

CALL TO ORDER

Mrs. Perez called to order the June 12, 2023, Regular Board Meeting of the Cutler Cay Community Development District (the “District”) at 4:05 p.m. in the Cutler Cay Community Clubhouse located at 7755 SW 192nd Street, Cutler Bay, Florida 33157.

PROOF OF PUBLICATION

Proof of publication was presented that notice of the Regular Board Meeting had been published in the Miami Daily Business Review on March 31, 2023, as part of the District’s Fiscal Year 2022/2023 Regular Meeting Schedule, as legally required.

ESTABLISH A QUORUM

It was determined that the attendance of the following Supervisors constituted a quorum and it was in order to proceed with the meeting: Chairman Christopher Musser, Vice Chairperman Omar Fonte and Supervisors Leo Corradini and Aileen Milian.

Staff in attendance included: District Manager Gloria Perez of Special District Services, Inc.; District Counsel Scott Cochran of Billing, Cochran, Lyles, Mauro & Ramsey, P.A.; and District Engineers Juan Alvarez and Angel Camacho of Alvarez Engineers, Inc.

Also present were Rama Parast of US South Engineering & Testing Lab; and Stephen D. Sanford, Bond Counsel with Greenberg Traurig, P.A. via phone..

ADDITIONS AND/OR DELETIONS TO THE AGENDA

Mrs. Perez added the following under New Business:

Discussion Regarding Comments Forwarded by Laura Gavilan Regarding US South Engineering & Testing Lab Opinion on Lake Bank Erosion Project

COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA

There were no comments from the public for items not on the agenda.

APPROVAL OF MINUTES
May 15, 2023, Regular Board Meeting

A MOTION was made by Supervisor Milian, seconded by Supervisor Musser and passed unanimously approving the minutes of the May 15, 2023, Regular Board Meeting, as presented.

NEW BUSINESS
Consider Resolution No. 2023-03 – Authorizing Resolution NTE $2,000,000

Mrs. Perez presented Resolution No. 2023-03, entitled:

RESOLUTION NO. 2023-03
AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $2,000,000 AGGREGATE PRINCIPAL AMOUNT OF CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT SPECIAL ASSESSMENT BONDS, SERIES 2023 (2023 PROJECT), TO PAY ALL OR A PORTION OF THE DESIGN, ACQUISITION AND CONSTRUCTION COSTS OF REPAIRING LAKE BANK EROSION, STORMWATER MANAGEMENT AND DRAINAGE IMPROVEMENTS AND REPAIRS, INCLUDING INCIDENTAL COSTS AND PROFESSIONAL FEES (COLLECTIVELY, THE “2023 PROJECT”), PURSUANT TO CHAPTER 190, FLORIDA STATUTES, AS AMENDED; PROVIDING FOR THE APPOINTMENT OF A TRUSTEE; APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST INDENTURE IN SUBSTANTIALLY THE FORM ATTACHED HERETO; PROVIDING THAT SUCH BONDS SHALL NOT CONSTITUTE A DEBT, LIABILITY OR OBLIGATION OF THE CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT (EXCEPT AS OTHERWISE PROVIDED HEREIN), THE TOWN OF CUTLER BAY, FLORIDA, MIAMI-DADE COUNTY, FLORIDA, THE STATE OF FLORIDA OR OF ANY OTHER POLITICAL SUBDIVISION THEREOF, BUT SHALL BE PAYABLE SOLELY FROM SPECIAL ASSESSMENTS ASSESSED AND LEVIED ON THE PROPERTY WITHIN THE DISTRICT BENEFITED BY THE 2023 PROJECT AND SUBJECT TO ASSESSMENT; PROVIDING FOR THE JUDICIAL VALIDATION OF SUCH BONDS; AND PROVIDING FOR OTHER RELATED MATTERS.

Mr. Sanford provided an explanation for the Delegation Resolution and the attachments, noting that this action would approve the issuance of bonds with a not to exceed amount. He also provided forms required for the bond purchase contract.

A discussion ensued after which this item was tabled until further notice.

Consider Resolution No. 2023-04 – Declaring Special Assessments

Mrs. Perez presented Resolution No. 2023-04, entitled:

RESOLUTION NO. 2023-04

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT RELATING TO THE FUNDING OF CERTAIN PUBLIC INFRASTRUCTURE IMPROVEMENTS AND DECLARING SPECIAL ASSESSMENTS (2023 PROJECT); INDICATING THE LOCATION, NATURE AND ESTIMATED COST OF THOSE IMPROVEMENTS WHICH COST IS TO FINANCED AND SUCH FINANCING IS TO BE DEFRAYED BY THE SPECIAL ASSESSMENTS; PROVIDING THE PORTION OF THE ESTIMATED COST OF THE IMPROVEMENTS TO BE DEFRAYED BY THE SPECIAL ASSESSMENTS; PROVIDING THE MANNER IN WHICH SUCH SPECIAL ASSESSMENTS SHALL BE MADE; PROVIDING WHEN SUCH SPECIAL ASSESSMENTS SHALL BE MADE; DESIGNATING LANDS UPON WHICH THE SPECIAL ASSESSMENTS SHALL BE LEVIED; PROVIDING FOR AN ASSESSMENT PLAT; AUTHORIZING THE PREPARATION OF A PRELIMINARY ASSESSMENT ROLL; PROVIDING FOR A PUBLIC HEARING TO CONSIDER THE ADVISABILITY AND PROPRIETY OF SAID ASSESSMENTS AND THE FINANCING OF THE

RELATED IMPROVEMENTS; PROVIDING FOR NOTICE OF SAID PUBLIC HEARING; PROVIDING FOR PUBLICATION OF THIS RESOLUTION.

This item was tabled.

Consider Resolution No. 2023-05 – Setting a Public Hearing on the Levy of Non-Ad Valorem Assessments

Mrs. Perez presented Resolution No. 2023-05, entitled:

RESOLUTION NO. 2023-05

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT SETTING A PUBLIC HEARING TO BE HELD AT 4:00 PM ON AUGUST 14, 2023, AT THE LOCATION OF THE CUTLER CAY COMMUNITY CLUBHOUSE, 7755 SW 192ND STREET, CUTLER BAY, FL 33157, FOR THE PURPOSE OF HEARING PUBLIC COMMENT ON THE LEVY OF NON AD VALOREM SPECIAL ASSESSMENTS ON CERTAIN PROPERTY WITHIN THE BOUNDARIES OF THE DISTRICT PURSUANT TO CHAPTERS 190, , 170, , AND 197, FLORIDA STATUES

This item was tabled.

Consider FMS Bonds Engagement Letter

This item was tabled.

Consider Greenberg Traurig Engagement Letter

This item was tabled.

Consider Solitude Contract Renewal

Mrs. Perez, advised that she recommended a simple amendment and the vendor was insistent that they get a new agreement. Mrs. Perez added that she was recommending language not agreeing to the % of increase on yearly basis. No change to the cost has been made.

A MOTION was made by Supervisor Milian, seconded by Supervisor Musser and passed unanimously appoving the Solitude contract renewal, as presented..

Consider Storm Drain MTE and CCTV Pipe Inspection Proposal – Location: Near 7548 SW 189th Street

A MOTION was made by Supervisor Fonte, seconded by Supervisor Corradini and passed unanimously approving the Raptor proposal dated May 19, 2023, in the amount of $3,750 for the Storm Drain MTE and CCTV Pipe Inspection regarding the location of: Near 7548 SW 189th Street, as presented.

Disucssion Regarding Drainage Issues at 19512 SW 79th Place

The Board reviewed this information and a discussion ensued followed by directing staff to forward the resident the approved criteria prior to bringing this back before the Board.

Consider Resolution No. 2023-06 – Adopting a Fiscal Year 2023/2024 Meeting Schedule

Mrs. Perez presented Resolution No. 2023-06, entitled:

RESOLUTION NO. 2023-06

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT, ESTABLISHING A REGULAR MEETING SCHEDULE FOR FISCAL YEAR 2023/2024 AND SETTING THE TIME AND LOCATION OF SAID DISTRICT MEETINGS; AND PROVIDING AN EFFECTIVE DATE.

Mrs. Perez read the title of the Rrsolution into the record and noted that meetings would remain at the same location of the Cutler Cay Community Clubhouse located at 7755 SW 192nd Street, Cutler Bay, Florida 33157, at 4:00 p.m. on the following dates:

November 13, 2023 Amended Budget
January 8, 2024
March 11, 2024 Proposed Budget
April 8, 2024
May 13, 2024 Final Budget
June 10, 2024
August 12, 2024
September 9, 2024

A MOTION was made by Supervisor Milian, seconded by Supervisor Corradini and unanimously passed adopting Resolution No. 2023-06, approving the Regular Meeting Schedule for Fiscal Year 2023/2024, by holding meetings in the Cutler Cay Community Clubhouse, locayed at 7755 SW 192nd Street, Cutler Bay, Florida 33157, on the above noted dates, as presented.

Consider Resolution No. 2023-08 – Records Retention Policy Adoption

Mrs. Perez presented Resolution No. 2023-08, entitled:
RESOLUTION NO. 2023-08

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT PROVIDING FOR THE APPOINTMENT OF A RECORDS MANAGEMENT LIAISON OFFICER; PROVIDING THE DUTIES OF THE RECORDS MANAGEMENT LIAISON OFFICER; ADOPTING A RECORDS RETENTION POLICY; DETERMINING THE ELECTRONIC RECORD TO BE THE OFFICIAL RECORD; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

Supervisor Fishbein arrived at approximately 5:00 p.m.

A MOTION was made by Supervisor Milian, seconded by Supervisor Corradini and passed unanimously adopting Resolution No. 2023-08, as presented.

Discussion Regarding Comments Forwarded by Laura Gavilan Regarding US South Engineering & Testing Lab Opinion on Lake Bank Erosion Project

Mr. Parast provided an overview of the design of the lake and the methods that were used as well as information about the contractor that built it. He added that the eastern portion of lake served as a barrier creating a filtration system that prevents salt water from entering the lake and provides erosion control. He thought that the Board was going to alter the design of the lake and clarification was provided by Mr. Alvarez that the Board was only addressing the lake bank that is eroding and that said project would not have an impact on the areas and barrier Mr. Parast was concerned about. Mr. Parast noted that the erosion seemed to be occurring in the soft material areas. Mr. Alvarez explained that this project was a safety project, circulating an information packet and noting that the aim was towards restoring the slope to the original 3 to 1 slope. Mr. Alvarez stated that the project would not affect the filter wall and added that a meeting with he County had been scheduled. Mr. Alvarez added that the District had already completed a survey. Mr. Parast offered to request the original as-builts from the Contractor whom is a friend of his and stated that the cause of the erosion was from the homes creating valleys. Mr. Alvarez disagreed with this statement.

Supervisor Fonte agreed with obtaining the as-builts, if available, to acquire quantification. Mr. Parast stated that he would try to obtain said information and forward same to the District Engineer.

A MOTION was made by Supervisor Fonte, seconded by Supervisor Milian and unanimously passed authorizing and directing the District Engineer to evaluate and quantify the as-builts, once provided, and to provide the District Board with a report prior to the Board moving forward with the bond issuance process.

Mrs. Perez then recessed the Regular Board Meeting and simultaneously called to order the Public Hearing.

PUBLIC HEARING
Proof of Publication

Proof of publication was presented that notice of the Public Hearing had been published in the Miami Daily Business Review on May 23, 2023, and May 30, 2023, as legally required.

Receive Public Comment on Fiscal Year 2023/2024 Final Budget

Mrs. Perez opened the public comment portion of the Public Hearing to receive comments on the fiscal year 2023/2024 final budget and non-ad valorem special assessments. There were no comments.

There being no further final budget or assessment comments to be heard, Mrs. Perez adjourned the Public Hearing and simultaneously reconvened the Regular Board Meeting.

Consider Resolution No. 2023-07 – Adopting a Fiscal Year 2023/2024 Final Budget

Mrs. Perez presented Resolution No. 2023-07, entitled:

RESOLUTION NO. 2023-07

A RESOLUTION OF THE CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT ADOPTING A FISCAL YEAR 2023/2024 BUDGET.

Mrs. Perez read the title of the resolution into the record and stated that it provides for approving and adopting the fiscal year 2023/2024 final budget and the non-ad valorem special assessment tax roll (Assessment Levy).

A MOTION was made by Supervisor Milian, seconded by Supervisor Musser and unanimously passed adopting Resolution No. 2023-07, approving the Fiscal Year 2023/2024 Final Budget, as presented, setting the fiscal year 2023/2024 final budget and non-ad valorem special assessment tax roll (Assessment Levy).

OLD BUSINESS
District Engineer Update on SAE Street Signage and Asphalt Repair Project

Mr. Camacho advised that the grill was still on backorder.

District Engineer Update on Pending FPL Smart Nodes Installation

Mr. Camacho noted that no updates had been provided after several requests for a status update. He will follow-up and advise accordingly.

District Engineer Update on Phase One, Priority One, Lake Bank Restoration Project

Mr. Camacho advised that this project was still going through the permitting process.

District Engineer Update on Lake Bank Restoration PrPhase II Pipe Replacement & Repairs Project

Mr. Camacho will contact the contractor and ask if they will hold their price.

ADMINISTRATIVE MATTERS
Financial Update

Mrs. Perez presented the financial statements through May 2023. Available funds as of May 31, 2023, were $1,006,306.06.

A MOTION was made by Supervisor Milian, seconded by Supervisor Corradini and passed unanimously ratifying and approving the financials, as presented.

2022 Form 1 – Statement of Financial Interests

Mrs. Perez reminded the Board to complete and mail to the Supervisor of Elections’ in the county of their resident the 2022 Form 1 – Statement of Financial Interests by the July 1, 2023, deadline.

BOARD MEMBER/STAFF COMMENTS/REQUESTS

There weren no further Board Member or Staff comments.

ADJOURNMENT

There being no further business to come before the Board, a MOTION was made by Supervisor Musser, seconded by Supervisor Milian, and passed unanimously adjourning the meeting at 6:08 p.m.

ATTESTED BY:

Secretary/Assistant Secretary	Chairman/Vice Chair

From: Montes de oca, Jandy <Jandy.Montesdeoca@fpl.com>
Sent: Friday, July 21, 2023 12:46 PM To: Ronald Galvis <rGalvis@sdsinc.org> Cc: Gloria Perez <gperez@sdsinc.org>
Subject: RE: CC FPL Boxes requiring replacement or repairs Good afternoon Ronald,
The total cost to repaint all 39 pad-mounted transformers will be $ 3925. We charge $100 for each single phase TX and
$ 125 for a Three phase.

Please fill out the attached forms so I can create the invoice if you want to proceed with the work . The customer will be responsible to clean all the vegetation around each transformer.

Don’t hesitate to ask if you have any questions.

From: Ronald Galvis <rGalvis@sdsinc.org>
Sent: Wednesday, July 19, 2023 2:05 PM
To: Montes de oca, Jandy <Jandy.Montesdeoca@fpl.com>
Cc: Barrera, Keven <Keven.Barrera@fpl.com>; Gloria Perez <gperez@sdsinc.org>
Subject: Fw: CC FPL Boxes requiring replacement or repairs

Good afternoon, Mr. Montes de Oca,

I have been advised that you are now the project manager for our area. My name is Ronald Galvis, and I work
as the Field Operations Manager for Cutler Cay Community Development District (the "District"), located in Cutler Bay, Florida.

In our community, we have some FPL boxes/transformers that are deteriorated/rusty/faded or with the caution/warning stickers in poor condition. As per our most recent observations, a total of 39 boxes/transformers are in need of attention. Please refer to the attached report for a complete list of them with their specific locations and pictures.

Kindly prepare and submit a proposal for this to be attended, and direct it to CUTLER CAY CDD. Kindly remember the District is a Public/Tax-Exempt Entity.

We will be very attentive to hear back from you really soon regarding this matter. If you have any questions or need any further information, please do not hesitate to reach out to me at 786-503-1633, or simply by replying to this email.

Thanks in advance for your prompt attention to this matter. Best regards.

	Ronald Galvis
Field Operations Manager (786)503-1633
rgalvis@sdsinc.org	

f'Pl SAi? ONE MrEMO
DATE/ FECHA: 	

CUSTOMER NAME		
(Invoice addressed to whom/ Nombre de quien la factura esta dirijido)

CUSTOMER SS #/TAX ID# 	

MAILING ADDRESS		
(Direction postal adonde va la
factura)		

JOB LOCATION		
(Direcion del trabajo)

CONTACT PHONE
(#	de telefono)

(Name of customer account will be connected under/ Nombre de quien el tem2orario debe de ser conectado)

TEMP FOR CONSTRUCTION	LJEMPORA_RIO DE CONSTRUCTION

CUSTOMER NAME:

***	FPL USE ONLY	***

SERVICE PLANNER		
		
IO :·		
		
AMOUNT		
	
YES 	 _	
NO --	
PROCESS CONNECT ORDER?			

(cus#	INV#	I	/	11

Cutler Cay CDD – FPL Boxes/Transformers Report	
Box Number/ Referenc	
Location	
Image	

86441835104	

Near to 7896 SW 188 ST	

9083-18-199	

South side of SW 188 ST, between SW 77 PL & SW 78 AV	

86541015601	

Near to 7785 SW 188 ST	

9083	

Near to 77 03 SW 188 ST	

86541094609	

Near to 18841 SW 177 CT	

86541035203	

Near to 7729 SW 188 TER		

9082	

Near to 7601 SW 187 ST	

9081	

Near to 7521 SW 187 ST

"Warning" sticker detached.	

86541237001	

Near to 7461 SW 187 ST	

9081	

Near to 18721 SW 74 CT	

9082 10 11	

Near to 7453 SW 188 TER	

86541165905	

Near to 7554 SW 188 TER	

8654114530	

Near to 18865 SW 76 CT	

9082	

Near to 7455 SW 188 LN	

86541166201	

Near to 7563 SW 188 TER	

10 9078 11	

Near to 7532 SW 190 ST	

9078	

Near to 7427 SW 189 ST	

No visible	

Near to 7417 SW 189 TER		

86541274607	

Near to 7418 SW 189 TER	

9080	

Near to 19026 SW 74 AV		

9085	

Near to 7723 SW 193 ST	

86541102407	

Near to 7706 SW 193 LN	

86541093106	

Near to 7653 SW 193 ST	

86541063002	

Near to 7703 SW 193 ST	

9085	

Near to 7783 SW 192 ST	

86541872107	

Near to 19354 SW 78 PL	

No visible	

Near to 7883 SW 193 ST	

9084	

Near to 19303 SW 79 AV	

865411841309	

Near to 7869 SW 195 ST	

86441911501	

Near to 19446 SW 78 CT	

86441951805	

Near to 7813 SW 194 TER	

9089	

Near to 7824 SW 195 TER	

9089	

Near to 7888 SW 195 TER	

86441810900	

Near to 19526 SW 78 PL	

9087	

Near to 7945 SW 195 ST	

86441681701	

Near to 7974 SW 194 ST	

3 9084 2	

West of 7994 SW 194 ST	

86441612504	

Near to 19338 SW 80 CT	

9289	

Near to 7866 SW 188 ST	

13476 SW 22nd Street Miramar, FL 33027
Thepressurecleaningman@gmail.com www.thepressurecleaningman.com Cell: (954)328-8964
License Dade County No. 14BS00064 License Broward County No. 11-RP-17299-X Office number (954)995-2356

The Pressure Cleaning Man inc.
Estimate

For:	Cutler Cay CDD - C/O Special District Services, Inc. rGalvis@sdsinc.org
2501A Burns Road
Palm Beach Gardens, FL 33410

Estimate No:	1924
Date:	06/28/2023

Description	Amount

Pressure cleaning of

￼- Sidewalks, curb and gutter approximately 5711 linear feet
Vendor will supply all labor and materials to complete the job
Approximate time of job 1-2 days ( weather permitting)
Chemical treatment will be applied to sidewalks to kill algae

$3,965.00

Pressure cleaning of

4494 and 4496 add up to approximately 870 LF.

4497 and 4499, add up to approximately 695 LF.

Approved by Chairperson Mr. Musser on 7-13-2023
Requested COIs must be provided before commencement of any job.

Ronald Galvis
Ronald Galvis - Field Operations Manager Cutler Cay CDD

$525.00

Subtotal	$4,490.00
Total	$4,490.00

Total	$4,490.00

STIMAT

1 / 2

Page 25

7/13/23, 12:27 PM	Mail - Ronald Galvis - Outlook

Re: CC: Estimate #1924 to review | The Pressure Cleaning Man inc.

Chris Musser

<chris_musser@yahoo.com>
Thu 7/13/2023 12:17 PM

Approve

To:Ronald Galvis <rGalvis@sdsinc.org> Cc:Gloria Perez <gperez@sdsinc.org>

Sent from my iPhone

On Jun 28, 2023, at 3:08 PM, Ronald Galvis <rGalvis@sdsinc.org> wrote:

Good afternoon, Mr. Musser,

As per your conversation with Gloria, I am sending you, attached to this email, the proposal from The Pressure Cleaning Man for the District's sidewalks pressure cleaning, for an amount of $4,490.00

Please noticed that The Pressure Cleaning Man has already performed the pressure cleaning for the district sidewalks and walls in the past.

Kindly also see the attached map, and pictures (attached to their proposal).

Please review and let us know if you have any questions, or if you would like to approve it, for it to be done as soon as practically possible. This action can be ratified during the next District meeting.

Thank you and have a wonderful day.

<Outlook- efwv0dih.jpg>

Ronald Galvis

Field Operations Manager (786)503-1633
rgalvis@sdsinc.org www.sdsinc.org

From: The Pressure Cleaning Man inc. <invoice2go@communications.2go.com>
Sent: Wednesday, June 28, 2023 10:32 AM
To: Ronald Galvis <rGalvis@sdsinc.org>
Subject: Estimate #1924 to review | The Pressure Cleaning Man inc.
https://outlook.office.com/mail/inbox/id/AAQkADY2YmUzNmRlLTY3MWEtNGE5YS04NDc3LWExNmQzYmJmMzI3YwAQANNhfYWicPMaNgJqe2h21l6B43cC…   1/2

Page 27

 	

Waterflow Irrigation, Inc.

10056 SW 221st Street
Cutler Bay, FL 33190 US
+1 3053211227
info@waterflowmiami.com www.waterflowmiami.com

Estimate		
ADDRESS	ESTIMATE	0001797	
Ronald Galvis	DATE	07/05/2023	
Special District Services, Inc.			
8785 SW 165th Ave			
Suite # 200			
Miami, FL 33193			
DATE		DESCRIPTION	QTY	RATE	AMOUNT	
	GOULD J10S	Installation on one (1) Goulds J10S, Shallow Well Jet Pump, JS+ Series, 1 HP, 115/230 Volts, 1 Phase, 1-1/4" NPT Suction, 1" NPT Discharge, 24.8 GPM at 5 ft (30 psi), Cast Iron Body	1	1,100.00	1,100.00	
		NOTE: Existing pump in the property is burned and needs to be replaced.				
	WATERWORKER HT-20	Installation of one (1) 20 Gal. Vertical Pre-Charged Well Pressure Tank	1	520.00	520.00	
		NOTE: Existing tank may be filled with sediments and/or sand from the existing well which adds to the loss pressure in the pump system. We recommend installing a new one.				
	CHECK VALVE 1.5	Installation of one (1) Check Valve 1- 1/2"	1	240.00	240.00	
	CHECK VALVE 1	Installation of one (1) Check Valve 1"	1	180.00	180.00	
		NOTE: We recommend installing two
(2) brass check valves (one at the suction line and the other at the discharge) These aids maintaining the pressure within the pressure tank by eliminating expansion inside of the PVC check valve.				
	VU-FLOW NT15SO100P	Installation of one (1) 1-1/2" VuFlow Sand Separator filter	1	250.00	250.00	
		NOTE: We recommend installing a				

	filter to prevent future sediments in the pumping system.		
WATER WELL 20	Installation of 20 FT Water well 2" Galvanized Pipe.	1	720.00	720.00	
	NOTE: We recommend a new well since the old well may have an air leak causing pressure lost in the system.
Also, we do not recommend digging the existing well any deeper because we may reach to salty waters.				
WATER WELL CONNECTION	Installation of suction line from well to pump, 1-1/2in Pipe SCH 40.	1	280.00	280.00	
	OVERALL NOTES: We are proposing the above items (new system) to eliminate existing problems that may remain if repairing one or two components. No electrical work is included.				
	PROJECT LOCATION:
CUTLER CAY (Common Area) 19528 SW 80th CT, Cutler Bay FL 33157				

MAIL CHECK TO:
Waterflow Irrigation, Inc. 10056 SW 221ST STREET
Cutler Bay, FL 33190

Check, Cash, or Zelle using the phone number (305) 321-1227. *Optional: all major Credit/Debit Cards are available with a 5% fee over the total.
PAYMENT TERMS:
50% Deposit due at signing of the contract, 35% Due after plant installation, and 15% Due upon completion.

PAYMENT METHODS:
Check or Wire Transfer.

TERMS & CONDITIONS (attached)

TOTAL	$3,290.00

Accepted By Accepted Date

Ronald Galvis - Field Operations Manager for Cutler Cay CDD 7/20/2023
Approved by Chairperson Mr. Musser on July 20th, 2023.
Requested COIs must be provided before commencement of any job.

Ronald Galvis
Ronald Galvis - Field Ops. Manager Cutler Cay CDD

From: Rama Parast <rama@ussouth.org>
Sent: Monday, July 24, 2023 10:01 PM
To: Gloria Perez <gperez@sdsinc.org>; Juan R. Alvarez <Juan.Alvarez@AlvarezEng.com>; Gabrielle Vitucci <gvitucci@sdsinc.org>
Cc: Angel Camacho <Angel.Camacho@AlvarezEng.com>; chris_musser@yahoo.com; Ronald Galvis
<rGalvis@sdsinc.org>
Subject: RE: CC Lake As-Builts Status Update Hello Gloria,
Good evening--- I have contacted both Shoma Home (The original Developer) and also Downrite (The contractor who worked on the subject lake site), but unfortunately they could not give me any posi�ve feedback and/or provide me with any design plan nor the as-built for the subject lake.

I am not sure if anyone may have had an opportunity to check with DERM since that department was in charge of the water quality for the project. I believe they might have the ﬁnal as-built as part of their closure documents and the open permit. I suggest, it is worth it to check with that department to check with them since it is a public record document.

I wish you the best with your upcoming project and Please do not hesitate to contact me if I could provide any further assistance.

With Regards Rama Parast

U. S. South Engineering & Testing Lab., Inc.
2200 NW 102 Avenue, Unit 5B
Doral, Florida 33172
Tel: (305) 558-2588
Cell: (305) 525-2910
rama@ussouth.org
(Serving South Florida industries Since 1984)

Notice of Confidentiality
This e-mail communication and the attachments hereto, if any, are intended solely for the information and use of the addressee(s) identified above and may contain information which is privileged, confidential, and protected from disclosure. Accordingly, if the recipient of this e-mail communication is not an addressee (or an authorized representative of an addressee), such recipient is hereby advised that any review, disclosure, reproduction, re-transmission or other dissemination or use of this e-mail communication (or any information contained herein) is strictly prohibited. If you are not an addressee and/or have received this e-mail communication in error, please advise us immediately either by reply e-mail or by telephone at (305) 558-2588, immediately. And, delete this e-mail communication from any computer and destroy all physical copies of same. Thank you.

going green.
Think Green, Act Green. Please only print this e-mail if you need to.

N

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DATE	DESCRIPTION

REVISIONS
DATE	DESCRIPTION

CUTLER CAY CDD LAKE EROSJION ANALYSJIS

CROSS SECTffON

SHEET NO.

ALVAREZ ENGINEERS, INC.
FLORIDA CERTIFICATE OF AUTHORIZATION No. 7538
8935 N.W. 35 Lane, Suite 101

LOCATION

7755 5W 192 5T CUTLER BAY

COUNTY

/VIIA/Vll-OADE

LOCATffON PLAN

Page 33-0

10	.17'

/;;
/

TOP OF BANK AND REAR PROPERTY LINE
20' LAKE MAINTENANCE EASEMENT

8
6
4
2
0
-2
-4
-6
-8
-10
-12

-14
-16
-18
-20

-Ii.

ORIGINAL GRADE PROFILE

ACTUAL GRADE PROFILE

,1-'·-'
\
\
\
\
\
\
\
\
\
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WATER ELEVATION

+2.20

0
CROSS

10
SECTION

20
NO. 1

30	40

50	60

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/

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20' LAKE MAINTENANCE EASEMENT

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- ORIGINAL GRADE PROFILE

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- ·

WATER ELEVATION

+2.20

-4
-6
-8
-10
-12

-14
-16
-18
-20

0	10

ACTUAL GRADE

20

PROFILE
\
\
\
\
\
\
\
\
\

30	40

50	60

CROSS

SECTION

NO. 2

DATE	DESCRIPTION

REVISIONS
DATE	DESCRIPTION

CUTLER CAY CDD LAKE EROSJION ANALYSJIS

SHEET NO.

ALVAREZ ENGINEERS, INC.
FLORIDA CERTIFICATE OF AUTHORIZATION No. 7538
8935 N.W. 35 Lane, Suite 101

LOCATION

7755 SW 192 ST CUTLER BAY

COUNTY

MIAMI-DADE

LAKE 1 CROSS SECTffON
Page 34-1

/;;
,I

TOP OF BANK REAR PROPERTY

AND LINE

20' LAKE

10	MAINTENANCE
8
6
4
2
0

EASEMENT

<-ORIGINAL GRADE

-

PROFILE

c:,\

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WATER ELEVATION

+2.20

-2	-	- -

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-6
-8
-10

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-18
-20

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-	ACTUAL GRADE

20

PROFILE	\	\
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CROSS

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-6
-8
-10
-12

-14
-16
-18
-20

0	10

ACTUAL GRADE

20

PROFILE

30	40	50	60	7,

CROSS

SECTION

NO. 4

DATE	DESCRIPTION

REVISIONS
DATE	DESCRIPTION

CUTLER CAY CDD LAKE EROSJION ANALYSJIS

SHEET NO.

ALVAREZ ENGINEERS, INC.
FLORIDA CERTIFICATE OF AUTHORIZATION No. 7538
8935 N.W. 35 Lane, Suite 101

LOCATION

7755 SW 192 ST CUTLER BAY

COUNTY

MIAMI-DADE

LAKE I CROSS SECTffON
Page 35-2

TOP OF BANK

10

8
6	ORIGINAL GRADE
4
2
0

PROFILE

WATER ELEVATION

+2.00

-2
-4
-6
-8
-10

-12
-14
-16
-18
-20

0
CROSS

10
SECTION

NO.

ACTUAL GRADE

20
5

PROFILE

30	40	50	60

TOP OF BANK

10

8
6
4
2
0
-2
-4
-6
-8
-10
-12
-14
-16
-18
-20

ACTUAL GRADE

PROFILE

WATER ELEVATION

+2.00

0
CROSS

10
SECTION

20
NO. 6

30	40	50	60

DATE	DESCRIPTION

REVISIONS
DATE	DESCRIPTION

CUTLER CAY CDD LAKE EROSJION ANALYSJIS

SHEET NO.

ALVAREZ ENGINEERS, INC.
FLORIDA CERTIFICATE OF AUTHORIZATION No. 7538
8935 N.W. 35 Lane, Suite 101

LOCATION

7755 SW 192 ST CUTLER BAY

COUNTY

/VII A/VII-DADE

LAKE 1 CROSS SECTffON
Page 36-3

TOP OF BANK

10
8	\)\..,,- Ii

,\	(11/"	\)\
6	-	- -	- _ ·-  -

/	ORIGINAL GRADE

PROFILE

4
2
0
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-4
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-8
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-12

-14
-16
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-20

-1-0-8-' -

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PROFILE

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+2.00

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NO. 7

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--

PROFILE

WATER ELEVATION

+2.00

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-10
-12

-14
-16
-18
-20

0
CROSS

10
SECTION

-

NO. 8

ACTUAL GRADE

20

PROFILE

30	40	50	60	7,

DATE	DESCRIPTION

REVISIONS
DATE	DESCRIPTION

CUTLER CAY CDD LAKE EROSJION ANALYSJIS

SHEET
NO.

ALVAREZ ENGINEERS, INC.
FLORIDA CERTIFICATE OF AUTHORIZATION No. 7538
8935 N.W. 35 Lane, Suite 101

LOCATION

7755 SW 192 ST CUTLER BAY

COUNTY

/VI/A/VII-DADE

LAKE 1 CROSS SECTffON
Page 37-4

/;;
,I

TOP OF BANK REAR PROPERTY

AND LINE

20' LAKE

10	MAINTENANCE
8
6
4
11.30'
2
0

EASEMENT

-  ORIGINAL GRADE

PROFILE

Cl'

WATER ELEVATION

+2.20

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-4
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-8
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-16
-18
-20

ACTUAL GRADE

--
PROFILE

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10
SECTION

20
NO. 10

30	40	50	60	7,

DATE	DESCRIPTION

REVISIONS
DATE	DESCRIPTION

CUTLER CAY CDD LAKE EROSJION ANALYSJIS

SHEET NO.

ALVAREZ ENGINEERS, INC.
FLORIDA CERTIFICATE OF AUTHORIZATION No. 7538
8935 N.W. 35 Lane, Suite 101

LOCATION

7755 SW 192 ST CUTLER BAY

COUNTY

MIAMI-DADE

LAKE 1 CROSS SECTffON
Page 38-5

/;;

TOP OF BANK

AND

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SECTION

NO. 11

DATE	DESCRIPTION

REVISIONS
DATE	DESCRIPTION

CUTLER CAY CDD LAKE EROSJION ANALYSJIS

SHEET NO.

ALVAREZ ENGINEERS, INC.
FLORIDA CERTIFICATE OF AUTHORIZATION No. 7538
8935 N.W. 35 Lane, Suite 101

LOCATION

7755 SW 192 ST CUTLER BAY

COUNTY

MIAMI-DADE

LAKE 1 CROSS SECTffON
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3

WE HEREBY CERTIFY: THAT THE ATTACHED "SKETCH OF AS-BUILT SURVEY WAS PREPARED UNDER
OUR DIRECTION AND COMPLIES WITH THE MINIMUM TECHNICAL STANDARD AS ADOPTED BY THE FLOTHDA BOARD OF SURVE'{OT<S AND lvlAPPFJ?.S IN CHAPTER 61G17-6, FLORIDA ADMTNTSTRATl\iE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. COUNTY-WIDE LAND SURVEYORS, INC LB4680
BY:		 JOSEPH L MARTIN PROFESSIONAL SURVEYOR & MAPPER No 4368
STATE OF FLORIDA

SCAl£:	AS SHOWN
DRAYIN BY: R.S
Cl£Cl<ED BY: GB
SET I	AS-BUILT
OAlE:	02/12/2007
PROJECT No:
2002-111
SHEET:

ij
l	NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
0

OF	16
Page 40

							

							

	

								

								

									

								

								

								

		

			

			

			

									

				 				

								

								

									

								

								

								

									

								

									

								

									

								

										

								

									

								

								

								

	

	

							

									

								

	

 	

	

	

 	

 		

	

 	

							

							

								

								

							

							

								

								

									

				 				

								

								

							

			 				

								

								

							

							

								

								

							

							

								

								

							

							

								

								

										

								

				

								

								

							

							

				

								

									

								

								

								

	

	

							

									

								

	

 	

	

	

 	

 		

	

 	

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PROFESSIONAL SURVEYOR
& MAPPER No 4368
STATE OF FLORJDA

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DRA\ffl BY:	R.S	
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SET f:	AS-BUILT		
DATE:	02/13/2007		
PRQ.£CT No:
2002-111	
SHEET:	6
OF	16		

l	NOT VALID WITHOUT THE SIGN/\.TURE AND THE ORIGINAL RAISED SEAL Of/\. FLORID!\ LICENSED SURVEYOR AND MAPPER
0

Page 45

  

	

		

							

									

								

	

 	

	

	

 		

 		

	

 	

 

	

		

							

									

								

	

 	

	

	

 		

 		

	

 	

 

	

		

							

									

								

	

 	

	

	

 		

 		

	

 	

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Page 55

Cutler Cay Community Development District

Financial Report For July 2023

CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT MONTHLY FINANCIAL REPORT
JULY 2023

REVENUES	
Annual Budget
10/1/22 - 9/30/23	

Actual Jul-23	Year To Date Actual
10/1/22 - 7/31/23	
Administrative Assessments	98,896	235	103,453	
Maintenance Assessments	895,132	1,834	895,133	
Debt Assessments - 2014 Refunding	773,141	1,536	773,142	
Other Revenue	0	0	33	
Interest Income	300	0	25,981	
Total Revenues	$	1,767,469	$	3,605	$	1,797,742	
				
ADMINISTRATIVE EXPENDITURES				
Supervisor Fees	6,000	0	5,800	
Payroll Taxes (Employer)	480	0	444	
Management	31,452	2,621	26,210	
Secretarial	4,200	350	3,500	
Legal	15,000	0	19,863	
Assessment Roll	7,500	0	0	
Audit Fees	3,500	3,400	3,400	
Arbitrage Rebate Fee	650	0	0	
Insurance	15,000	0	11,022	
Legal Advertisements	750	0	527	
Miscellaneous	1,750	198	2,879	
Postage	350	136	644	
Office Supplies	1,000	144	987	
Dues & Subscriptions	175	0	175	
Trustee Fee	3,600	0	4,139	
Continuing Disclosure Fee	350	0	0	
Website Management	2,000	167	1,667	
Bank Service Charges	0	0	0	
TOTAL ADMINISTRATIVE EXPENDITURES	$	93,757	$	7,016	$	81,257	
				
TOTAL MAINTENANCE EXPENDITURES (Details On Page 2)	$	845,900	$	17,226	$	223,773	
				
Total Expenditures	$	939,657	$	24,242	$	305,030	
				
Revenues Less Expenditures	$	827,812	$	(20,637)	$	1,492,712	
				
2014 Bond Refinancing Payments	(726,753)	(1,521)	(739,114)	
				
Balance	$	101,059	$	(22,158)	$	753,598	
				
County Appraiser & Tax Collector Fee	(33,686)	(36)	(17,097)	
Discounts For Early Payments	(67,373)	0	(60,715)	
				
Excess/ (Shortfall)	$	-	$	(22,194)	$	675,786	
				
Carryover From Prior Year	0	0	0	
				
Net Excess/ (Shortfall)	$	-	$	(22,194)	$	675,786	

Bank Balance As Of 7/31/23	$	1,328,962.13	
Accounts Payable As Of 7/31/23	$	56,459.22	
Accounts Receivable As Of 7/31/23	$	1,200.00	
Security Deposit As Of 7/31/23	$	100.00	
Reserve For Roads Maintenance As Of 7/31/23	$	171,000.00	
Reserve For Stormwater Drainage As Of 7/31/23	$	20,500.00	
Reserve For Pipe Repairs Project As Of 7/31/23	$	70,000.00	
Available Funds As Of 7/31/23	$	1,012,302.91	

CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT MONTHLY FINANCIAL REPORT - MAINTENANCE JULY 2023

MAINTENANCE EXPENDITURES	

Annual Budget
10/1/22 - 9/30/23	

Actual Jul-23	
Year To Date Actual
10/1/22 - 7/31/23	

Contingency/Reserve	
105,825	
0	
0	

Lakes Maintenance	
10,000	
619	
25,389	

Roads Maintenance/Reserve	
47,500	
0	
9,550	

Stormwater Drainage/Reserve	
17,575	
0	
17,600	

Stormwater Drainage System Pipe Repairs Project-Phase 2	
100,000	
0	
0	

Field Operations	
12,000	
1,000	
10,000	

Walls & Wall Fountain Maintenance	
25,000	
425	
12,130	

Sidewalk Maintenance/Repairs	
15,000	
4,490	
4,490	

Engineering/Inspections	
40,000	
7,375	
46,071	

Street Signage	
5,000	
0	
1,450	

Lake Fountain Maintenance	
15,000	
0	
7,715	

Entry Features Maintenance	
15,000	
1,645	
2,820	

Guardhouse Exterior Maintenance	
10,000	
0	
0	

Guardhouse Insurance	
0	
0	
0	

Water & Sewage	
5,000	
0	
77	

FPL - Street Lighting Project	
10,000	
0	
51,620	

FPL - Electrical Utility	
48,000	
1,107	
11,739	

DERM Stormwater Drainage System Improvement Project	
65,000	
0	
0	

Retention Wall Maintenance	
0	
0	
0	

Lake Bank Erosion Restoration Project	
300,000	
0	
21,262	

Miscellaneous Maintenance	
0	
565	
1,860	

TOTAL MAINTENANCE EXPENDITURES	
$	845,900	
$	17,226	
$	223,773	

Cutler Cay Community Development District
Budget vs. Actual
October 2022 through July 2023

Oct '22 - July 23	22/23 Budget	$ Over Budget	% of Budget
  	 
Ordinary Income/Expense Income
363.100 ꞏ Administrative Assessments	103,452.56		98,896.00		4,556.56		104.61%	
363.101 ꞏ Maintenance Assessments	895,133.20		895,132.00		1.20		100.0%	
363.810 ꞏ Debt Assessments	773,142.30		773,141.00		1.30		100.0%	
363.820 ꞏ Debt Assessment - Pd To Trustee	-739,114.20		-726,753.00		-12,361.20		101.7%	
363.830 ꞏ Cty Appraiser & Tax Coll Fee	-17,096.79		-33,686.00		16,589.21		50.75%	
363.831 ꞏ Discounts For Early Payments	-60,714.75		-67,373.00		6,658.25		90.12%	
369.400 ꞏ Other Income	32.64		0.00		32.64		100.0%	
369.401 ꞏ Interest Income	25,980.86		300.00		25,680.86		8,660.29%	
Total Income	980,815.82		939,657.00		41,158.82		104.38%	
Expense								
512.824 ꞏ Stormwater Pipe Project-Phase 2	0.00		100,000.00		-100,000.00		0.0%	
511.822 ꞏ DERM Stormwater Drainage Prjct	0.00		65,000.00		-65,000.00		0.0%	
512.823 ꞏ Lake Bank Erosion Rest Project	21,261.63		300,000.00		-278,738.37		7.09%	
511.758 ꞏ FPL - Electrical	11,738.98		48,000.00		-36,261.02		24.46%	
511.757 ꞏ FPL - Street Lighting Project	51,620.00		10,000.00		41,620.00		516.2%	
511.756 ꞏ Water & Sewage	77.02		5,000.00		-4,922.98		1.54%	
511.754 ꞏ Guardhouse Exterior Maintenance	0.00		10,000.00		-10,000.00		0.0%	
511.753 ꞏ Entry Feature Maintenance	2,820.00		15,000.00		-12,180.00		18.8%	
511.752 ꞏ Fountain Maintenance	7,715.20		15,000.00		-7,284.80		51.44%	
511.751 ꞏ Street Signage	1,450.00		5,000.00		-3,550.00		29.0%	
511.307 ꞏ Sidewalk Maint/ Repairs	4,490.00		15,000.00		-10,510.00		29.93%	
511.122 ꞏ Payroll tax expenses	443.70		480.00		-36.30		92.44%	
511.131 ꞏ Supervisor Fee	5,800.00		6,000.00		-200.00		96.67%	
511.301 ꞏ Lakes Maintenance	25,389.10		10,000.00		15,389.10		253.89%	
511.302 ꞏ Roads Maintenance/Reserve	9,550.00		47,500.00		-37,950.00		20.11%	
511.303 ꞏ Stormwater Drainage/Reserve	17,600.00		17,575.00		25.00		100.14%	
511.304 ꞏ Field Operations	10,000.00		12,000.00		-2,000.00		83.33%	
511.305 ꞏ Contingency/Reserve	0.00		105,825.00		-105,825.00		0.0%	
511.306 ꞏ Walls-Wall Fountain Maintenance	12,129.93		25,000.00		-12,870.07		48.52%	
511.309 ꞏ Miscellaneous Maintenance	1,860.00		0.00		1,860.00		100.0%	
511.310 ꞏ Engineering/Inspections	46,071.25		40,000.00		6,071.25		115.18%	
511.311 ꞏ Management Fees	26,210.00		31,452.00		-5,242.00		83.33%	
511.312 ꞏ Secretarial Fees	3,500.00		4,200.00		-700.00		83.33%	
511.315 ꞏ Legal Fees	19,863.50		15,000.00		4,863.50		132.42%	
511.318 ꞏ Assessment/Tax Roll	0.00		7,500.00		-7,500.00		0.0%	
511.320 ꞏ Audit Fees	3,400.00		3,500.00		-100.00		97.14%	
511.330 ꞏ Arbitrage Rebate Fee	0.00		650.00		-650.00		0.0%	
511.450 ꞏ Insurance	11,022.00		15,000.00		-3,978.00		73.48%	
511.480 ꞏ Legal Advertisements	526.62		750.00		-223.38		70.22%	
511.512 ꞏ Miscellaneous	2,879.33		1,750.00		1,129.33		164.53%	
511.513 ꞏ Postage and Delivery	643.88		350.00		293.88		183.97%	
511.514 ꞏ Office Supplies	987.02		1,000.00		-12.98		98.7%	
511.540 ꞏ Dues, License & Subscriptions	175.00		175.00		0.00		100.0%	
511.733 ꞏ Trustee Fees	4,138.75		3,600.00		538.75		114.97%	
511.734 ꞏ Continuing Disclosure Fee	0.00		350.00		-350.00		0.0%	
511.750 ꞏ Website Management	1,666.60		2,000.00		-333.40		83.33%	
Total Expense	305,029.51		939,657.00		-634,627.49		32.46%	
Net Ordinary Income	675,786.31		0.00		675,786.31		100.0%	
Net Income	675,786.31		0.00		675,786.31		100.0%	

CUTLER CAY CDD TAX COLLECTIONS 2022-2023

#	

ID#	

PAYMENT FROM	

DATE	

PAYMENT FROM	

Tax Collect Receipts	

Interest Received	

Commissions Paid	

Discount	

Net From Tax Collector	Admin Assessment Income (Before Discounts & Fees)	Maint Assessment Income (Before Discounts & Fees)	Debt Assessment Income (Before Discounts & Fees)	Admin Assessment Income (After Discounts & Fees)	Maint Assessment Income (After Discounts & Fees)	Debt Assessment Income (After Discounts & Fees)	

Debt Assessment Paid to Trustee	
									$	1,767,169	$	98,896	$	895,132	$	773,141	$	98,896	$	895,132	$	773,141		
									$	1,666,410	$	93,757	$	845,900	$	726,753	$	93,757	$	845,900	$	726,753	$	726,753	
1	1	Miami-Dade Tax Collector	11/25/22	NAV Taxes	$	84,170.87		$	(808.05)	$ (3,366.82)	$	79,996.00	$	4,713.52	$	42,632.55	$  36,824.80	$  4,479.65	$ 40,518.00	$  34,998.35	$ 34,998.35	
2	2	Miami-Dade Tax Collector	12/07/22	NAV Taxes	$	1,049,004.60		$  (10,070.44)	$ (41,959.97)	$  996,974.19	$  58,744.25	$  531,320.80	$ 458,939.55	$ 55,830.44	$ 504,967.45	$ 436,176.30	$ 436,176.30	
3	3	Miami-Dade Tax Collector	11/23/22	NAV Taxes	$	207,451.05		$	(1,990.63)	$ (8,387.67)	$  197,072.75	$  11,617.20	$  105,074.00	$  90,759.85	$ 11,036.00	$ 99,817.40	$  86,219.35	$ 86,219.35	
4	4	Miami-Dade Tax Collector	12/22/22	NAV Taxes	$	84,693.54		$	(817.32)	$ (2,960.21)	$	80,916.01	$	4,742.79	$	42,897.30	$  37,053.45	$  4,531.21	$ 40,983.95	$  35,400.85	$ 35,400.85	
5	5	Miami-Dade Tax Collector	01/11/23	NAV Taxes	$	103,491.91		$	(1,004.28)	$ (3,065.54)	$	99,422.09	$	5,795.51	$	52,418.65	$  45,277.75	$  5,567.54	$ 50,357.30	$  43,497.25	$ 43,497.25	
6	6	Miami-Dade Tax Collector	02/08/23	NAV Taxes	$	17,788.33		$	(173.64)	$	(424.60)	$	17,190.09	$	996.13	$	9,009.80	$	7,782.40	$	962.59	$  8,706.80	$	7,520.70	$  7,520.70	
7	Int - 1	Miami-Dade Tax Collector	02/13/23	Interest		$ 1,005.20			$	1,005.20	$	1,005.20			$  1,005.20			$	-	
8	7	Miami-Dade Tax Collector	03/08/23	NAV Taxes	$	35,173.21		$	(347.85)	$	(388.46)	$	34,436.90	$	1,969.66	$	17,815.25	$  15,388.30	$  1,928.35	$ 17,442.35	$  15,066.20	$ 15,066.20	
9	8	Miami-Dade Tax Collector	04/07/23	NAV Taxes	$	94,598.96		$	(944.37)	$	(161.48)	$	93,493.11	$	5,297.51	$	47,914.40	$  41,387.05	$  5,235.56	$ 47,354.30	$  40,903.25	$ 40,903.25	
10	9	Miami-Dade Tax Collector	05/10/23	NAV Taxes/Interest	$	14,003.28	$  315.07	$	(143.17)		$	14,175.18	$	1,099.25	$	7,092.65	$	6,126.45	$  1,088.23	$  7,021.75	$	6,065.20	$  6,065.20	
11	Int - 2	Miami-Dade Tax Collector	05/17/23	Interest		$  329.07			$	329.07	$	329.07			$	329.07			$	-	
12	10	Miami-Dade Tax Collector	06/07/23	NAV Taxes/Interest	$	29,211.05	$  819.47	$	(300.32)		$	29,730.20	$	2,455.27	$	14,795.40	$  12,779.85	$  2,430.65	$ 14,647.45	$  12,652.10	$ 12,652.10	
13	11	Miami-Dade Tax Collector	06/23/23	NAV Taxes/Interest (TC)	$	44,082.87	$ 1,983.74	$	(460.66)		$	45,605.95	$	4,452.31	$	22,328.00	$  19,286.30	$  4,407.75	$ 22,104.75	$  19,093.45	$ 19,093.45	
14	12	Miami-Dade Tax Collector	07/14/23	NAV Taxes/Interest	$	3,500.82	$  105.02	$	(36.06)		$	3,569.78	$	234.89	$	1,834.40	$	1,536.55	$	232.48	$  1,816.10	$	1,521.20	$  1,521.20	
15									$	-							$	-	
16									$	-							$	-	
17									$	-								
18									$	-								
					$	1,767,170.49	$ 4,557.57	$  (17,096.79)	$ (60,714.75)	$ 1,693,916.52	$ 103,452.56	$  895,133.20	$ 773,142.30	$ 99,064.72	$ 855,737.60	$ 739,114.20	$ 739,114.20	

Note: $1,767,169, $98,896, $895,132 and $773,141 are 2022/2023 Budgeted
Total Roll = $1,767,170.49	assessments before discounts and fees.
Note: $1,666,410, $93,757, $845,900 and $726,753 are 2022/2023 Budgeted assessments after discounts and fees.

$ 1,767,170.49
$	4,557.57	$ 1,693,916.52	
$ (103,452.56)	$	(99,064.72)	
$ (895,133.20)	$  (855,737.60)	
$ (773,142.30)	$  (739,114.20)	
$	-	$	-	

FL Certificate of Authorization No. 7538 8935 NW 35 Lane, Suite 101
Doral, Florida 33172
Tel. (305) 640-1345 Fax (305) 640-1346
E-Mail: Juan.Alvarez@AlvarezEng.com

June 9, 2023

Ms. Gloria Perez District Manager
Cutler Cay Community Development District Special District Services, Inc.
The Oaks Center, 2501A Burns Road Palm Beach Gardens, FL 33410

Re: Year 2023 Cutler Cay CDD Report

Dear Ms. Perez:

The intent of this report is fourfold: 1) To inform as to the status of ownership of the infrastructure that was financed or constructed by the District; 2) To describe the state, working order and condition of the infrastructure still owned by the District; 3) To give recommendations as to the funds estimated necessary for the proper maintenance, repair and operation of the District’s infrastructure and; 4) To report on the insurance being carried by the District.

The District is located in Sections 2 and 3, Township 56 South, Range 40 East, in Miami-Dade County, Florida. It is bounded by Old Cutler Road on the west, SW 185 Terrace and undeveloped land on the north, Biscayne Bay on the east, and SW 196 Street on the south. The development is located within Zip Code 33157. See Exhibit 1.

Infrastructure Ownership and Maintenance Responsibilities.
General
The CDD owns the land and improvements within the tracts shown in Exhibit 1. These tracts and improvements were granted in 2008 to the District by Shoma Development Corporation (the “Developer”) and by The Cutler Cay Homeowners Association, Inc. (the “HOA”) via Quit-Claim deeds recorded at ORB 26735, PG 1457 and ORB 26735, PG 1455, respectively.

The portions of Old Cutler Road and SW 196 Street that lie within the development were dedicated to Miami-Dade County by the recording of the plat titled “Cutler Cay” in Plat Book 162, Page 23.

The water and sanitary sewer systems were completed and conveyed to Miami-Dade County for ownership and maintenance.
Maintenance Responsibilities of CDD-Owned Facilities
The CDD terminated an amended maintenance agreement between the CDD and the HOA dated September 30, 2016 and replaced it with a new agreement dated May 26, 2021 (the “2021 Maintenance Agreement”) supplemented with a First Amendment to Maintenance Agreement to share maintenance responsibilities of the District-owned improvements as follows:

Cutler Cay CDD 2023 Report

Maintenance Responsibilities of CDD-Owned Facilities.	
(Refer to Exhibit 1 for Location)	
Tract ID	Acreage	CDD
Ownership	Improvements Maintenance Responsibility	
			CDD	HOA	

A	

32.02	Land, Roads, Drainage, Sidewalks, Guardrails, Signs, Pavement Markings, Retaining Perimeter Wall and Fence at SW 78 Ave (from
195 Terr to 194 Terr), Lighting, Landscaping, Irrigation, Security Guardhouse Structure with Gates and Equipment, North Entry
Features, South Entry Fountain.	

Roads, Drainage, Sidewalks, Guardrails, Signs, Pavement Markings, Retaining Perimeter Wall and Fence at SW 78 Ave (from 195 Terr to 194 Terr), Lighting, Security Guardhouse Structure, North Entry Features, South Entry Fountain.	

Landscaping, irrigation, security gates at the guardhouse, security equipment, interior guardhouse components, and regular janitorial services within the guardhouse.	

B	

33.05	Land, Lake, Fountain, Drainage Outfalls, Guardrails,
Landscaping, Irrigation.	

Lake (water), Drainage Outfalls, Guardrails, Fountain.	

Landscaping, Irrigation (lake banks).	

C	

1.821	Land, Lake, Drainage Outfalls, Guardrails,
Landscaping, Irrigation.	

Lake (water), Drainage Outfalls, Guardrails.	

Landscaping, Irrigation (lake banks).	

G	

1.753	Land, Drainage, Retaining Perimeter Wall and Fence on the East Side of the Tract,
Landscaping, Irrigation.	

Drainage, Retaining Perimeter Wall and Fence on the East Side of the Tract.	

Landscaping, Irrigation.	

Alvarez Engineers, Inc.
FL Certificate of Authorization No. 7538 8935 NW 35 Lane, Suite 101, Doral, FL 33172
Telephone (305) 640-1345 Fax (305) 640-1346 E-Mail: Juan.Alvarez@AlvarezEng.com

Cutler Cay CDD 2023 Report

Maintenance Responsibilities of CDD-Owned Facilities.	
(Refer to Exhibit 1 for Location)	
Tract ID	Acreage	CDD
Ownership	Improvements Maintenance Responsibility	
			CDD	HOA	

H	
0.588	Land, Landscaping,
Irrigation.	
-	
Landscaping, Irrigation.	

I	
1.109	Land, Drainage, Decorative Wall, Landscaping, Irrigation.	
Drainage, Decorative Wall.	
Landscaping, Irrigation.	

J	
0.048	Land,
Landscaping, Irrigation.	
-	
Landscaping, Irrigation.	

K	
0.048	Land, Landscaping, Irrigation.	
-	
Landscaping, Irrigation.	

N	

1.849	Land, Pond, Guardrails, Decorative Wall on Old Cutler
Rd, Landscaping, Irrigation.	

Pond (water), Guardrails, Decorative Wall on Old Cutler Road.	

Landscaping, Irrigation (pond banks).	

O	

2.188	Land, Pond, Guardrails, Decorative Wall on Old Cutler
Rd, Landscaping, Irrigation.	

Pond (water), Guardrails, Decorative Wall on Old Cutler Road.	

Landscaping, Irrigation (pond banks).	

P	

0.438	Land, Guardrails, Retaining Wall at SE Corner of Tract,
Landscaping, Irrigation.	

Guardrails, Retaining Wall at SE Corner of Tract.	

Landscaping, Irrigation.	

Q	
0.021	Land, Landscaping, Irrigation.	
-	
Landscaping, Irrigation.	

R	
0.023	Land, Landscaping, Irrigation.	
-	
Landscaping, Irrigation.	

S	
0.398	Land,
Landscaping, Irrigation.	
-	
Landscaping, Irrigation.	

T	
0.052	Land, Landscaping, Irrigation.	
-	
Landscaping, Irrigation.	

Cutler Cay CDD 2023 Report

Maintenance Responsibilities of CDD-Owned Facilities.	
(Refer to Exhibit 1 for Location)	
Tract ID	Acreage	CDD
Ownership	Improvements Maintenance Responsibility	
			CDD	HOA	

U	

0.203	Land, Guardrails, Retaining Perimeter Wall and Fence on SW 74 Ave,
Landscaping, Irrigation	

Guardrails, Retaining Perimeter Wall and Fence on SW 74 Ave	

Landscaping, Irrigation.	

V	

1.298	Land, Decorative Wall on Old Cutler Road, Landscaping,
Irrigation	

Decorative Wall on Old Cutler Road.	

Landscaping, Irrigation.	

W	

0.122	Land, Decorative Wall on Old Cutler Road,
Landscaping, Irrigation	

Decorative Wall on Old Cutler Road.	

Landscaping, Irrigation.	

X	
0.083	Land, Landscaping, Irrigation.	
-	
Landscaping, Irrigation.	

A-A	
0.153	Land,
Landscaping, Irrigation.	
-	
Landscaping, Irrigation.	

B-B	
0.144	Land, Landscaping, Irrigation.	
-	
Landscaping, Irrigation.	

C-C	
0.058	Land, Landscaping, Irrigation.	
-	
Landscaping, Irrigation.	

State, Working Order and Condition of the Infrastructure Currently Owned by the District.
Roads and Road Components, Walls, Fences, Structures, Landscaping and Irrigation. The roads and other CDD-Owned facilities listed above in Section 1.b. are in good working order and condition. The CDD completed road widening work at curves where vehicles tended to drive off the road, restoration of drainage inlet aprons, installation of speed signs and replacement of reflective pavement markers (RPMs). The CDD is engaged in minor asphalt repairs to the roads and speed humps.

Stormwater Management System, Lakes, Ponds, Drainage and Open Areas
The drainage and stormwater management facilities listed above in Section 1. b. are in generally good working order and condition. Repairs to the storm drain system that drains SW 188 Terrace, SW 76 Court and SW 188 Lane, have been completed.

Cutler Cay CDD 2023 Report

The CDD intends to make repairs to the storm drainage system that drains the loop of SW 77 PL, SW 193 St, SW 76 Ct and SW 193 LN, where complaints have been received.

The CDD intends to restore portions of the shoreline banks of the lake within Tract “B”, which are eroding. For that purpose, the CDD is budgeting an amount in Fiscal Year 2023/2024 as shown in Section 3 below, and is considering issuing bonds or taking a loan to repair other sections of shoreline in the same lake.

Water and Sewer Systems
The water and sewer systems were completed and conveyed in good working order and condition to Miami-Dade County for ownership and maintenance.

Issues with the systems may be reported to the County at either of the following numbers: 305- 274-9272 (Emergencies) or 305-665-7477 (Customer Service).

Estimated Maintenance Costs for District-Owned Infrastructure
General
The CDD 2023-2024 Fiscal Year budget has the following amounts for maintenance expenditures:

2023-2024 Proposed Budget for Maintenance	
Contingency/Reserve	$279,730	
Lakes Maintenance	$12,000	
Roads Maintenance/Reserve	$50,000	
Stormwater Drainage/Reserve	$28,000	
Stormwater Drainage System Pipes Repairs Project - Phase 2	$100,000	
Field Operations	$12,000	
Walls & Wall Fountain Maintenance	$30,000	
Sidewalk Maintenance/Repairs	$15,000	
Engineering/Inspections	$45,000	
Street Signage	$5,000	
Lake Fountain Maintenance	$15,000	
Entry Features Maintenance	$15,000	
Guardhouse Exterior Maintenance	$10,000	
Water & Sewage	$5,000	
FPL - Electrical Utility	$35,000	
Retention Wall Maintenance	$45,000	
Lake Bank Erosion Restoration Project	$140,425	
Total	$842,155	

Cutler Cay CDD 2023 Report

For more detailed information on the 2023-2024 budget, please visit the District’s website at the following link:

http://cutlercaycdd.org/financials/

Alvarez Engineers finds the District’s maintenance budget for Fiscal Year 2023-2024 adequate, and recommends considering the following suggestions for future budgets:

District Roads
Funds will be needed to replace the wearing roadway asphalt layer in about 11 years when the asphalt has reached its estimated 30-year service life. Funds will also be needed to update signs and markings on the roadways when asphalt is replaced and subsequently restored every 10 years. The District Board of Supervisors may decide whether to create a sinking fund to finance the future capital expense over the next 11 years or to pay a lump sum amount at the end of the asphalt service life. The table below provides the estimated future replacement cost and the estimated annual contributions over the remaining service life to fund the expense. The calculations below assume an annual interest rate of 0.25%.

Pavement Service Life
(30 Years Estimated)	
Present Year	
Remaining Service Life (Yrs)	
Present Year Cost (PC) of Pavement Replacement (Mill unit cost $2 and Resurface 3/4" Thick $6)	Future Replacement Cost @ End of Service Life*	
Annual Interest Rate	
Annuity to Finance (FC) in (n) Years given (i)	
From	To		(n)	Quantity
(SY)	Unit Cost
($/SY)	(PC)	(FC)	(i)	FCi/((1+i)^n-1)	
2004	2034	2023	11	10,800	$8.00	$86,400	$122,688	0.25%	$11,015	
* Using Florida Department of Transportation Inflation Factors					

Signs & Marking Service Life (10 Years Estimated)	
Present Year	
Remaining Service Life (Yrs)	
Present Year Cost (PC) of Signs & Marking	Future Replacement Cost @ End of Service Life*	
Annual Interest Rate	
Annuity to Finance (FC) in (n) Years given (i)	
From	To		(n)	Quantity
(SY)	Unit Cost
($/SY)	(PC)	(FC)	(i)	FCi/((1+i)^n-1)	
2022	2034	2023	11	10,800	$1.00	$10,800	$15,336	0.25%	$1,377	
* Using Florida Department of Transportation Inflation Factors					

Stormwater Management System
The following is a suggested 5-year cyclical program for servicing the inlets, manholes, pipes and French drains of the drainage system. The program consists of servicing 20% of the system every year so that at the end of the fifth year, 100% of the system will have been serviced. The table below shows the estimated amount that would need to be budgeted yearly to service the 325 drainage structures and 18,680 Linear Feet of pipes in the District. The program may be financed yearly or in one lump sum when needed, or at any other period combination, at the discretion of the Board of Supervisors.

Cutler Cay CDD 2023 Report

Total No. Structures in CDD	
Total LF Pipes	No. Structures with Pipes Serviced per Year	Cost/EA Structure (Includes Cleaning, and Baffle
Replacement)	Cost/LF Pipe (Includes Cleaning, Video, Dewatering, and Root
Removal)	Total Budget Amount Per Year	
		Year 1	Year 2	Year 3	Year 4	Year 5				
325	18680	65					$225.00	$6.70	$39,700	
			65				$230.00	$6.90	$40,800	
				65			$235.00	$7.40	$43,000	
					65		$240.00	$8.10	$45,900	
						65	$245.00	$9.20	$50,300	

Water and Sewer Systems
The water and sewer systems are maintained, operated and funded by WASD, which may be contacted at 305-274-9272 (for emergencies) or at 305-665-7477 (for customer service).

Insurance
Alvarez Engineers has reviewed the District’s general liability, property, hired non-owned auto, employment practices liability, public officials liability coverage and deadly weapon protection insurance policy provided by Florida Insurance Alliance under Agreement No. 100122030, for the period between October 1, 2022 and October 1, 2023. The District has budgeted enough funds to cover the $11,022 insurance premium.

This report was prepared to the best of my knowledge and belief and is based on field observations conducted by Alvarez Engineers personnel, the District Engineer’s Report, public documents available and communications with the District’s field staff.

If you have any questions, please do not hesitate to contact me at 305-640-1345 or at Juan.Alvarez@Alvarezeng.com.

Sincerely,
Alvarez Engineers, Inc.

Juan R Alvarez

Digitally signed by Juan R Alvarez
Date: 2023.06.09 17:17:44
-04'00'
Juan R. Alvarez, PE District Engineer Date: June 9, 2023

This item has been digitally signed and sealed by Juan R. Alvarez, PE on June 9, 2023.

Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic copies.

,­

►II:
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I	0
Ill
Cl Cul

Tract V Tract I

Tract N

COD BOUNDARY
Tract A

<I

:,

Czl
g
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Tract A

act U

Tract A

Tract A-A

act B-B act C-C

Tract C

Tract X

Tract H

Tract A

Tract

SW 196 ST Tract A	Tract K	Tract J
COD BOUNDARY

LEGEND:
ORB: OFFICIAL RECORD BOOK PB: PLAT BOOK
PG: PAGE
QCD: QUIT CLAIM DEED

LEGEND:

-

D D D

TRACT "A" (PB 162, PG 23)
FOLIO: 36-6003-034-5060
(QCD ORB 26735, PG 1455) CATEGORY: ROAD

TRACTS "B" AND "C" (PB 162, PG 23)
FOLIO: 36-6003-034-5070
(QCD ORB 26735, PG 1455)
CATEGORY: STORMWATER MANAGEMENT SYSTEM

TRACTS "G", "H", "I", "J", "K", "N", "O", "P", "Q", "R", "S", "T",
"U", "V", "W", "X", "AA", "BB", AND "CC" (PB 162, PG 23)

I

FOLIO"36-6003-034-5060 (QCD ORB 26735, PG 1455)
CATEGORY: COMMON AREAS

ALVAREZ ENGINEERS, INC.
CUTLER CAY CDD
CDD LAND OWNERSHIP

EXHIBIT 1

0	0'

-100'

400'	65
,J

8

5//9/2022 P:\031IOI - Cutler Cay CDD\Yearly reports\2022 Report\001-CADD\EXHIB!T-03.dgn	Page 68

MEMORANDUM

TO:	District Manager

FROM:	Billing, Cochran, Lyles, Mauro & Ramsey, P.A. District Counsel

DATE:	July 20, 2023

RE:	2023 Legislative Update

As District Counsel, throughout the year we continuously monitor pending legislation that may be applicable to the governance and operation of our Community Development District and other Special District clients. It is at this time of year that we summarize those legislative acts that have become law during the most recent legislative session, as follows:

Chapter 2023 – 134, Laws of Florida (SB 346). The legislation requires contracts for construction services between a local government entity and a contractor to include a “punch list”1 of items required to render complete, satisfactory, and acceptable the construction services contracted for, which punch list outlines the estimated cost of each item necessary to complete the work. The law requires local governments to pay all portions of the contract balance, except for 150 percent of the portion of the contract balance attributed to those projects on the punch list, within 20 days after the punch list is created, subject to certain exceptions. The legislation limits a local government’s ability to withhold payment of certain amounts under the contract to only those subject to a written good faith dispute or claims against public surety bonds. The law clarifies that a local government must pay the undisputed portions of a contract within 20 days of the request for payment. Lastly, the legislation amends the definition of “public works project” in section 255.0992, F.S., to include any construction, maintenance, repair, renovation, remodeling, or improvement activity that is paid for with state-appropriated funds. The effective date of this act is July 1, 2023.

Chapter 2023 – 17, Laws of Florida (SB 102). The legislation makes various changes and additions to affordable housing related programs and policies at both the state and local level. With regard to local governments, the law:

Preempts local government requirements regarding zoning, density, and height to allow for streamlined development of affordable housing in commercial and mixed- use zoned areas under certain circumstances. Developments that meet the requirements may not require a zoning change or comprehensive plan amendment.

1 The punch list is created within a contractually-specified timeframe after the contractor reaches substantial completion of the construction services as defined in the contract, or if that is not defined, then after the project reaches beneficial occupancy or use. If the contract is valued at less than $10 million, then the punch list must be developed within 30 calendar days; if the contract is valued at $10 million or more, then the punch list must be developed within 45 calendar days.

Removes a local government’s ability to approve affordable housing on residential parcels by bypassing state and local laws that may otherwise preclude such development, while retaining such right for commercial and industrial parcels.
Removes a provision that allows local governments to impose rent control under certain circumstances, preempting rent control ordinances entirely.
Requires counties and cities to update and electronically publish the inventory of publicly owned properties, for counties including property owned by a dependent special district, which may be appropriate for affordable housing development.
Authorizes the Florida Housing Finance Corporation, through contract with the Florida Housing Coalition, to provide technical assistance to local governments to facilitate the use or lease of county or municipal property for affordable housing purposes.
Requires local governments to maintain a public written policy outlining procedures for expediting building permits and development orders for affordable housing projects.
Provides that the Keys Workforce Housing Initiative is an exception to evacuation time requirements and that comprehensive plan and land use amendments approved under that initiative are valid.

The effective date of this act is July 1, 2023.

Chapter 2023 – 31, Laws of Florida (SB 1604). The law makes a number of changes relating to comprehensive plans and land development regulations. Of interest to special districts, section 4 of the legislation amends section 189.031, F.S., to preclude independent special districts from complying with the terms of any development agreement, which is executed within three months preceding the effective date of a law, which modifies the manner of selecting members of the governing body of the special district from election to appointment or appointment to election. The newly elected or appointed governing body of the special district must review within four months of taking office any such development agreement and vote on whether to seek readoption of the agreement. The law applies to any development agreement that is in effect on, or is executed after July 1, 2023, which is the effective date of this law. Section 4 of the Act expires July 1, 2028, unless reviewed and reenacted by the Legislature.

Chapter 2023 – 28, Laws of Florida (HB 3). This legislation codifies and extends the policy adopted by the Trustees2 requiring all investment decisions relating to the state retirement system be based solely on pecuniary factors3. The law extended that policy to all funds managed by the State Board of Administration (SBA), all funds of the state Treasury, all local government retirement plans, investments of local government surplus funds, and investments of funds raised by citizen support and direct-support organizations. Investment managers who invest public funds on behalf of any of these entities may not sacrifice investment return or take additional investment risk to promote any non-pecuniary factor. The law requires any contract between a governmental

2 The Governor, Chief Financial Officer, and Attorney General serve as the SBA’s Board of Trustees.
3 The term “pecuniary factor” is defined as a factor that is expected “to have a material effect on the risk or return of an investment based on appropriate investment horizons consistent with applicable investment objectives and funding policy. The term does not include the consideration of the furtherance of any social, political, or ideological interests.”

entity4 and an investment manager executed, amended, or renewed on or after July 1, 2023, to contain a provision requiring the investment manager to include a disclaimer in an external communication, if the communication is to a company in which the investment manager has invested public funds and discusses social, political, or ideological interests. The required disclaimer must state: “The views and opinions expressed in this communication are those of the sender and do not reflect the views and opinions of the people of the state of Florida.” All contracts with investment managers executed, amended, or renewed on or after July 1, 2023, may be unilaterally terminated if certain communications of an investment manager include discussion of social, political, or ideological interests and omit the required disclaimer.

In addition, the legislation prohibits bond issuers5 from issuing an environmental, social, and corporate governance (ESG) bond or paying for a third-party verifier that certifies or verifies that a bond may be designated or labeled as an ESG bond6, renders opinions or produces a report on ESG compliance, among other ESG-related services. Issuers are also prohibited from contracting with a rating agency whose ESG scores for the issuer will have a direct, negative impact on the issuer’s bond ratings.

The act further prohibits consideration of social, political, or ideological beliefs in state and local government contracting, and explicitly notes that this includes all political subdivisions of the state. Specifically, the law prohibits an awarding body from (1) requesting documentation or considering a vendor’s social, political, or ideological beliefs when determining if the vendor is a responsible vendor; or (2) giving a preference to a vendor based on the vendor’s social, political, or ideological beliefs.

Lastly, the legislation amends the definition of a “qualified public depository” to prohibit government entities from depositing funds in banks that make it a practice to deny or cancel services of their customers based on a person’s political opinions, speech, affiliations, lawful ownership or sales of firearms, production of fossil fuels or other factors related to ESG. Pursuant to current law, all public deposits may only be deposited in a qualified public depository. The effective date of this legislation is July 1, 2023.

Chapter 2023 – 32, Laws of Florida (SB 258). The legislation bans the use of prohibited applications7 on devices issued to an employee or officer by a public employer, or otherwise used on a network that is owned, operated, or maintained by a public employer. This law requires the Department of Management Services (DMS) to create and maintain a list of prohibited applications of any Internet application that it deems to present a security risk in the form of

4 The law defines “governmental entity” to mean a state, regional, county, municipal, special district, or other political subdivision whether executive, judicial, or legislative, including, but not limited to, a department, division, board, bureau, commission, authority, district, or agency thereof, or a public school, Florida College System institution, state university, or associated board.
5 Any public body corporate and politic authorized or created by general or special law and granted the power to issue bonds.
6 An ESG bond is any bond that has been designated or labeled as a bond that will be used to finance a project with an ESG purpose, including, but not limited to, green bonds, Certified Climate Bonds, GreenStar designated bonds, and other environmental bonds marketed as promoting a generalized or global environmental objective; social bonds marketed as promoting a social objective; and sustainability bonds and sustainable development goal bonds marketed as promoting both environmental and social objectives. It includes bonds self- designated by the issuer as ESG-labeled bonds and those designated as ESG-labeled bonds by a third-party verifier.
7 A “prohibited application” is defined as any application that participates in certain activities, such as conducting cyber-espionage against a public employer, and that is created, maintained, or owned by a foreign principal.

unauthorized access to, or temporary unavailability of the public employer’s records, digital assets, systems, networks, servers, or information. Public employers must block access to any prohibited application via their wireless networks and virtual private networks; restrict access to any prohibited application on any government cell phone, laptop, desktop computer, tablet computer, or other electronic device that can connect to the Internet that has been issued to an employee or officer for a work-related purpose; and retain the ability to remotely wipe and uninstall any prohibited application from any such device that is believed to have been adversely impacted by a prohibited application. The legislation requires an employee or officer of a CDD to remove any prohibited application from his or her government-issued device within 15 days of the DMS’ publication of its list of prohibited applications, and within 15 days of any subsequent update to the list of prohibited applications. The effective date of this legislation is July 1, 2023.

Chapter 2023 – 33, Laws of Florida (SB 264). The legislation restricts the issuance of government contracts or economic development incentives to foreign entities that are owned by, controlled by or organized under the laws of a foreign country of concern8. The law further prohibits a foreign principal9 from owning or acquiring agricultural land or other interests in real property on or within 10 miles of a military installation or critical infrastructure facility. A foreign principal that owns agricultural land acquired before July 1, 2023, may continue to hold such land and must register with the Florida Department of Agriculture and Consumer Services (DACS) by January 1, 2024. If the property owned or acquired before July 1, 2023, is on or within 10 miles of a military installation or critical infrastructure facility, the foreign principal must similarly register with the Department of Economic Opportunity by December 31, 2023. The law prohibits the People’s Republic of China, the Chinese Communist Party, its officials and members, other political party official or members, other legal entities or subsidiaries organized under the laws of, or having a principal place of business in, China or its political subdivisions, or other persons domiciled in China, who are not U.S. citizens or lawful permanent residents of the United States, from purchasing or acquiring an interest in, real property in Florida. Finally, the act amends s. 836.05, F.S., relating to criminal threats and extortion, to provide that a person who violates the statute while acting as a foreign agent for the purpose of benefitting a foreign country of concern, commits a first degree felony. The effective date of this legislation is July 1, 2023.

Chapter 2023 – 264, Laws of Florida (SB 7008). The legislation amends Section 119.071(3)(c)1., F.S., to save from repeal, the public records exemption for information relating to the following information held by an agency:

Building plans;
Blueprints;
Schematic drawings; and

8 The People’s Republic of China, The Russian Federation, The Islamic Republic of Iran, The Democratic People’s Republic of Korea, The Republic of Cuba, The Venezuelan Regime of Nicolas Maduro, or The Syrian Arab Republic, including any agency of or other entity within significant control of such foreign country of concern.
9 “Foreign principal” means: The government or any official of the government of a foreign country of concern; A political party or member of a political party or any subdivision of a political party in a foreign country of concern; A partnership, association, corporation, organization, or other combination of persons organized under the laws of, or having its principal place of business in, a foreign country of concern, or a subsidiary of such entity; or o Any person who is domiciled in a foreign country of concern and is not a citizen or lawful permanent resident of the United States.

Diagrams, including draft, preliminary, and final formats, which depict the internal layout or structural elements of an attractions and recreation facility, entertainment or resort complex, industrial complex, retail and service development, office development, health care facility, or hotel or motel development.

The effective date of this act is October 1, 2023.

Chapter 2023 – 75, Laws of Florida (HB 7007). The legislation removes the scheduled repeal date of the public record and public meeting exemptions for security or fire safety system plans under Sections 119.071(3)(a) and 286.0113(1), F.S., thereby maintaining the public record and public meeting exemptions for such plans. The effective date of this act is October 1, 2023.

For convenience, we have included copies of the legislation referenced in this memorandum. We request that you include this memorandum as part of the agenda packages for upcoming meetings of the governing boards of those special districts in which you serve as the District Manager and this firm serves as District Counsel. For purposes of the agenda package, it is not necessary to include the attached legislation, as we can provide copies to anyone requesting the same. Copies of the referenced legislation are also accessible by visiting this link: http://laws.flrules.org/.