CUTLER CAY COMMUNITY DEVELOPMENT
DISTRICT

MIAMI-DADE COUNTY
Special Board Meeting & Public Hearing March 6, 2024
6:00 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

AGENDA
CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT
Cutler Cay Community Clubhouse 7755 SW 192nd Street
Cutler Bay, Florida 33157
SPECIAL BOARD MEETING & PUBLIC HEARING
March 6, 2024
6:00 p.m.
Call to Order
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
January 8, 2024 Regular Board Meeting	Page 2
Public Hearing – Levy of Non-Ad Valorem Assessments – 2024 Project
Consider Resolution No. 2024-04 – Amending the Resolution Setting Public Hearing on Assessments	Page 8
Proof of Publication	Page 10
Receive Public Comments on the Intent to Levy Non-Ad Valorem Assessments for the 2024 Project
Consider Approval of the 2024 Project and Levying of Special Assessments Based Upon Public Comment
Consider Adjusting and Equalizing of Non-Ad Valorem Assessments Based Upon Public Comment
Consider Resolution No. 2024-02 – Authorizing the 2024 Project, Equalization of Special Assessments, the Intent to Levy Non-Ad Valorem Assessments, Intent to Utilize Chapter 197, F.S. for the Levy, Collection & Enforcement of Non-Ad Valorem Assessments and
Adoption of a Final Assessment Roll Pursuant to Chapters 170, 190 and 197, F.S	Page 11
New Business
Consider Resolution No. 2024-03 – Notice of Intent to Use Uniform Method	Page 38
Consider Ratification and Approval for Setting of Date and Time for the Workshop with the HOA for March 11, 2024 at 4:00 p.m.
Ratify and Approve Felix Clean Services Proposal for Removal of Calcification on Tiles	Page 41
Ratify and Approve Turf Management Proposal for Holly tree trimming	Page 44
Consider Approval of Storm Drainage Cleaning Proposals	Page 47
Accept and Receive Reef Tropical’s 30 Day Notice of Termination	Page 52
Consider Approval of South Entrance Water Features Regular Maintenance	Page 54
Old Business
Administrative Matters
Financial Update	Page 73

Board Member and/or Staff Comments/Requests
2.  District Counsel’s Memorandum Regarding Required Ethics Training and Financial Disclosure	Page 78
Adjourn

CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING
JANUARY 8, 2024

CALL TO ORDER

Mrs. Perez called to order the January 8, 2024, Regular Board Meeting of the Cutler Cay Community Development District (the “District”) at 4:12 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 October 23, 2023, as part of the District’s Fiscal Year 2023/2024 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 Chairman Omar Fonte and Supervisors Leo Corradini (via phone) and Aileen Milian.
Staff in attendance included: District Manager Gloria Perez of Special District Services, Inc.; District Counsel Ginger Wald of Billing, Cochran, Lyles, Mauro & Ramsey, P.A.; and District Angel Camacho of Alvarez Engineers, Inc. (via phone).

Also, present were several members of the public and HOA management.

ADDITIONS AND/OR DELETIONS TO THE AGENDA

At the request of Chairman Musser, Mrs. Perez added under New Business agenda item G.9 Discussion Regarding Board Members Calling Into District Meetings.

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
November 13, 2023, Regular Board Meeting

A MOTION was made by Supervisor Fonte, seconded by Supervisor Milian and passed unanimously approving the minutes of the November 13, 2023, Regular Board Meeting, as presented.

NEW BUSINESS
Consider Slab Replacement Proposal for Hydrant Near Main Entrance

Supervisor Fonte asked that District Counsel add language to the agreement making the contractor responsible for the MOT on this project.

A MOTION was made by Supervisor Fonte, seconded by Supervisor Milian and passed unanimously selecting Worldwide Distributors for the slab replacement for the hydrant near the main entrance in the amount of $1,250 and for District Counsel to prepare an agreement and for District management to execute same on behalf of the District.

Consider Ratification of Nelco Fee Schedule for Board Requested Testing Regarding Lake Bank Improvement Project

A discussion ensued and Mr. Camacho confirmed that shots were fired every 100 feet during the testing process.

This item was TABLED until the next meeting allowing for the District Engineer to provide a Report and Invoice.

Consider Ratification of Agreement between Feliz Clean Services, LLC for Southern Entrance Water Feature Repairs

The Board had a brief discussion and noted that at a future meeting they may consider modifications to the southern entry waterfalls by eliminating the water feature and adding landscaping instead. This action will not be considered at this stage as substantial maintenance and upgrades have been made over recent years.

A MOTION was made by Supervisor Fonte, seconded by Supervisor Musser and passed unanimously ratifying actions taken and approving the agreement between Felix Clean Services LLC in the amount of $10,700 for the southern entrance water features repairs, as presented.

Consider Ratification of First Choice Electric Proposal for Replacement of Fountain Motor Control Box

A MOTION was made by Supervisor Fonte, seconded by Supervisor Milian and passed unanimously ratifying actions taken and approving the First Choice Electric proposal in the amount of $1,950 for the replacement of the fountain motor control box, as presented.

Consider Resolution No. 2024-01 – Electronic Signature Policy

Resolution No. 2024-01 was presented, entitled:

RESOLUTION 2024-01

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT ESTABLISHING AN ELECTRONIC SIGNATURE POLICY, PROVIDING DISTRICT MANAGER WITH AUTHORITY AND RESPONSIBILITY FOR APPROVAL OF ELECTRONIC SIGNATURES AND IMPLEMENTATION OF CONTROL PROCESSES AND PROCEDURES TO ENSURE COMPLIANCE, INTEGRITY, AND SECURITY, IN ACCORDANCE WITH CHAPTER 688, FLORIDA STATUTES; AND PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE.

A MOTION was made by Supervisor Milian, seconded by Supervisor Fonte and passed unanimously adopting Resolution No. 2024-01, as presented.

Consider HOA Request to Schedule a Workshop

Supervisor Donna Fishbein joined the meeting VIA PHONE at approximately 4:17 pm

HOA management made a request for the HOA Board and the District Board to schedule a Workshop. The Board agreed to consider a meeting date and asked that the HOA provide a few dates of availability during the month of February. They discussed February 6th and February 12th 2024, and directed District management to email the Board to determine a date and time that would work for all the Board members.
Consider HOA Request for District to Grant HOA Authorization to Paint Old Cutler Exterior Wall to Color Match Interior Walls

Mrs. Perez presented the HOA request for the District to consider granting the HOA authorization to paint the Old Cutler exterior wall to color match interior walls at no cost to the District.

From: Laura Gavilan <lgavilan@kwpmc.com>
Sent: Friday, December 15, 2023 4:38 PM
To: Gloria Perez <gperez@sdsinc.org>
Cc: Esteban Morera <emorera@kwpmc.com>
Subject: Permission to paint the Old Cutler Wall
Good afternoon Gloria;
The HOA board would like you to ask the CDD board if they will grant the HOA board permission to paint the exterior portion of the Old Cutler wall so that it matches the interior walls along the main road that were painted last year. Thank you and have a wonderful weekend!
Laura Gavilan
Property Manager

Cutler Cay Homeowners Association 7755 SW 192 Street, Miami, FL 33157
Tel: 786-667-8724
Fax: 786-667-8728
Email: lgavilan@kwpmc.com
Community Website: https://web.kw-ic.com/cutlercay/

A MOTION was made by Supervisor Milian, seconded by Supervisor Fonte and passed unanimously granting the HOA authorization to paint the Old Cutler exterior wall, monuments, southern entry water features and any other related structures to color match interior walls. This work is to include appropriate prep work and repairs prior to painting at no additional cost to the District; and directing District Counsel to prepare an agreement and for District management to execute same on behalf of the District.

Consider HOA Request for a Discussion Regarding Tract V, Landscaping within the Privet Properties and Transfer of Property

Prior to the meeting Mrs. Perez forwarded the email shown below to the Board:
“I am unable to answer the specific question since I have not received any direction from the Board of Supervisors. As a general response, the District has the legal authority to sell property it owns. There are multiple issues involved regarding any sale of District-owned property and if the Board requests the research to be completed, we will do the same.”

Ginger E. Wald, Esq.

Billing, Cochran, Lyles, Mauro & Ramsey, P.A.
515 East Las Olas Boulevard | 6th Floor | Fort Lauderdale, FL 33301 Phone: 954/764-7150 | Fax: 954/764-7279 | E-mail: GWald@bclmr.com Website: www.billingcochran.com

Sent: Wednesday, December 6, 2023 3:45 PM
To: Gloria Perez <gperez@sdsinc.org>
Cc: Esteban Morera <emorera@kwpmc.com>; Carlos Villanueva (name2know@gmail.com) <name2know@gmail.com>; chris_musser@yahoo.com; Ronald Galvis <rGalvis@sdsinc.org>
Subject: RE: [EXTERNAL] RE: Portions of V tract on interior of the Old Cutler Wall

Gloria;
I am not sure if you or Juan noticed, but here are trees within the V-tract, yes some are also on the property line and others inside homeowner lot but others are part of v tract. Which would be the maintenance of the CDD and us per maintenance agreement, but we can not access due to enclosed property. One of the options to resolve an ongoing issues is to deed this section over to the homeowner in question, that is why we are inquiring.

Sincerely,

Laura Gavilan, LCAM
Property Manager

Ms. Wald provided clarification that maintenance of the landscaping within private property is not the responsibility of the District. She added that as a limited governmental entity the District cannot expend public funds on private property.
District Counsel went on to provide an explanation of the costly and extensive process in attempting to deed any District owned property. Mrs. Perez, read the District Engineers comments for the record. The Board was clear that they had no interest nor intension to Deed District owned property.

A lengthy discussion ensued and an HOA Board member and management explanation of the current legal situation between the Association and the homeowner was brought before the District Board, after which Chairman Musser asked how much the Association had spent to date on legal fees versus what the cost would be to have the hedges/trees removed and Ms. Gavilan provided estimated amounts in the range of $10,000 to $12,000.

After further discussion, Chairman Musser suggested that in order to reduce the impact of cost on the community with legal fees and pursuant to the amounts provided by the Association manager for the

cost for removal of the hedges/trees that the Association should negotiate with the homeowner to have the Association granted permission to remove the hedges/trees, noting that there had been history of previous communications between both the Association and the homeowner, and even an agreement between the two at one point. He further noted that if negotiations were done and the Association removes the trees/hedges, the District could consider paying/contributing funds to the Association for a portion of the removal that may be applicable to the District if within the footing area. Ms. Gavilan added that the homeowner wanted to have the vegetation replaced for which the District Board would not consider the cost of replacement.

To recap, the District cannot grant the Association permission to remove the hedges/trees within the homeowner’s property because as was stated during this discussion as well as in previous meetings, the District does not have a maintenance easement to provide or grant access. Permission to access and remove said vegetation must be provided by the homeowner.

Discussion Regarding Board Members Calling Into Meetings

Mr. Musser requested the addition of this line item to discuss limiting the calling in for meetings while working and not being able to provide undivided attention to a meeting, especially when being paid for being in attendance. The Chairman and other Board Members felt that calling in while working was disruptive and difficult to hear at times, especially with the acoustics of the meeting space.

District Counsel reviewed the District’s options such as a policy that can be created and elaborated on the process. After a lengthy discussion on the matter, Mr. Musser withdrew his request for consideration.
A discussion ensued and members of the HOA requested that the Board consider adding Zoom meetings as a possible alternative and offered the use of the HOA Owl to assist with this option and the request for a change of meeting time from 4:00 pm to 6:00 pm was also suggested.

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

Mr. Camacho provided an update, noting that the project was at 40% completion. He mentioned that the GeoTube installation was moving at a faster rate than was anticipated and also noted that a homeowner’s fence that had been damaged was promptly repaired by Landshore.

Update on Sidewalk Repairs and Replacement Projects

Mrs. Perez advised that Florida Sidewalk Solutions’ sidewalk repairs had been completed. The sidewalk slabs replacement from Headley Construction is scheduled to commence next week, weather permitting.

Update on Root Barrier Installation, Fill, Compaction and Sodding Project

Mrs. Perez advised that the small project backfilling, root barrier and new sod installation had been completed by Turf Management in December 2023.
Update on Stormwater Management System Root Removal Project Near 7548 SW 189th
Street

Mrs. Perez advised that the Raptor Vac small project for the Stormwater Management System Root Removal Project for area near 7548 SW 189th Street is scheduled to be completed between tomorrow and Thursday, January 11, 2023, weather permitting.

ADMINISTRATIVE MATTERS
Financial Update

Mrs. Perez presented the financials, noting that available funds through November, 2023, were
$454,282.02.

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

BOARD MEMBER/STAFF COMMENTS/REQUESTS

There were no further comments from Board Members or staff.

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 5:38 p.m.

ATTESTED BY:

Secretary/Assistant Secretary	Chairman/Vice Chair

RESOLUTION NO. 2024-04

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT AMENDING RESOLUTION 2023-12 SETTING A PUBLIC HEARING TO BE HELD ON MARCH 6, 2024, AT 6:00 P.M., AT THE OFFICE OF CUTLER CAY COMMUNITY CLUBHOUSE LOCATED AT 7755 SW 192ND STREET, CUTLER BAY, FL 33157, FOR THE PURPOSE OF HEARING PUBLIC COMMENT ON IMPOSING SPECIAL ASSESSMENTS ON CERTAIN PROPERTY WITHIN THE DISTRICT GENERALLY DESCRIBED AS THE CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT IN ACCORDANCE WITH CHAPTERS 170, 190 AND 197, FLORIDA STATUTES; AND PROVIDE AN EFFECTIVE DATE.

WHEREAS, on , November 13, 2023, the Board of Supervisors (“Board”) approved Resolution 2023-12 setting a public hearing to be held on January 29, 2024, at 6:00 p.m., at the offices of Cutler Cay Community Clubhouse located at 7755 SW 192nd Street, Cutler Bay, FL 33157, for the purpose of hearing public comment on imposing special assessments on certain property within the district generally described as the Cutler Cay Community Development District in accordance with Chapters 170, 190 and 197, Florida Statutes; and

WHEREAS, in order to comply with all publication and notice requirements of Chapters 170, 190, and 197, Florida Statutes, it was necessary to reschedule the public hearing date set forth in Resolution 2023-12; and

WHEREAS, the District, through the efforts of the District Manager, has prepared a preliminary assessment roll, has provided for all publications, notices, and conditions precedent required pursuant to Chapter 170, 190, and 197, Florida Statutes, to conduct a public hearing and establish a new public hearing date of March 6, 2024 at 6:00 pm at the Cutler Cay Community Clubhouse located at 7755 SW 192nd Street, Cutler Bay, FL 33157; and

WHEREAS, the District has determined that it is necessary to amend Resolution 2023-12 to acknowledge the new public hearing date, and to ratify actions taken by staff to reset the public hearing date to March 6, 2024 at 6:00 pm and to advertise, publish and provide the required notices of public hearing utilizing the March 6, 2024 at 6:00 pm public hearing date.

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

SECTION 1. The foregoing recitals clauses are true and correct and are hereby incorporated into this Resolution by reference.
SECTION 2. Resolution 2023-12 is hereby amended to change the declared public hearing date and time to March 6, 2023 at 6:00 p.m., at the Cutler Cay Community Clubhouse located at 7755 SW 192nd Street, Cutler Bay, FL 33157, for the purpose of hearing comment and

objections to the proposed special assessment program for District improvements as identified in the Preliminary Special Assessment Roll, a copy of which is on file. Affected parties may appear at that hearing or submit their comments in writing prior to the hearing to the office of the District Manager, The Oaks Center, 2501A Burns Road, Palm Beach Gardens, Florida 33410.
SECTION 3. The Notice of said hearing shall be advertised in accordance with Chapters 170, 190 and 197, Florida Statutes, and the District Manager is hereby authorized and directed to place said notice in a newspaper(s) of general circulation within Miami-Dade County (by two publications one week apart with the first publication at least twenty (20) days prior to the date of the hearing established herein). The District Manager shall file a publisher's affidavit with the District Secretary verifying such publication of notice. The District Manager is further authorized and directed to give thirty (30) days written notice by mail of the time and place of this hearing to the owners of all property to be assessed and include in such notice the amount of the assessment for each such property owner, a description of the areas to be improved and notice that information concerning all assessments may be ascertained at the District Office. The District Manager shall file proof of such mailing by affidavit with the District Secretary.
SECTION 5. If any clause, section or other part or application of this Resolution is held by court of competent jurisdiction to be unconstitutional or invalid, in part or as applied, it shall not affect the validity of the remaining portions or applications of this Resolution.
SECTION 6. This Resolution shall take effect upon adoption.

THIS RESOLUTION WAS PASSED AND ADOPTED THIS 6th DAY OF MARCH,
2024.

CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT

By:		By:		 Secretary/Assistant Secretary			Chairperson/Vice Chairperson

RESOLUTION NO. 2024-02
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT AUTHORIZING DISTRICT SYSTEMS, FACILITIES, SERVICES AND RELATED INFRASTRUCTURE IMPROVEMENTS; EQUALIZING, APPROVING, CONFIRMING, IMPOSING AND LEVYING CERTAIN NON-AD VALOREM SPECIAL ASSESSMENTS ON CERTAIN LANDS WITHIN THE DISTRICT SPECIALLY BENEFITTED BY SUCH IMPROVEMENTS, TO PAY ALL OR A PORTION OF THE COST THEREOF; PROVIDING FOR THE PAYMENT AND THE COLLECTION OF SUCH SPECIAL ASSESSMENTS BY THE METHOD PROVIDED FOR BY CHAPTERS 170 AND 197, FLORIDA STATUTES; CONFIRMING THE DISTRICT’S INTENTION TO ISSUE SPECIAL ASSESSMENT BONDS; PROVIDING FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE.

BE IT RESOLVED BY THE Board of Supervisors (the “Board”) of the Cutler Cay Community Development District (the “District”) as follows:
Section 1.	AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to Chapters 170, 190 and 197, Florida Statutes.
Section 2.	FINDINGS, ASCERTAINMENTS AND DETERMINATIONS. The
Board of the District hereby finds and determines as follows:
The District is a local unit of special-purpose government organized and existing under and pursuant to Chapter 190, Florida Statutes, of the State of Florida (“State”), and was established by Ordinance of Miami-Dade County, Florida (the “Creation Ordinance”); and
The Series 2024 Special Assessments shall be levied to defray the cost of the financing of the public improvements, comprising the 2024 Project (as hereafter defined); and
The nature of, the general location of, the plans and specifications for the public infrastructure improvements comprising, the 2024 Project and related incidental costs, are on file at the offices of the District Manager located at 8785 SW 165th Avenue, Suite 200, Miami, Florida 33193, and The Oaks Center, 2501A Burns Road, Palm Beach Gardens, Florida 33410 (the “District Offices”) and generally consisting of certain repairs and additional improvements to the existing stormwater management and drainage system, including lake banks, erosion controls, drainage repairs or capacity increase within one of the Districts residential pods and additional drainage improvements District-wide for flood control, additional drainage capacity and stormwater quality within the District boundaries (the “Improvements”) all as described in the Engineers Report (as hereafter defined) and the Assessment Methodology (the “2024 Project”); and
The District is authorized by Chapter 190, Florida Statutes, to construct the 2024 Project; and

The District is authorized by Chapters 170 and 190, Florida Statutes, to levy non- ad valorem special assessments to pay all or any part of the cost of such improvements, and to issue special assessment bonds payable from such non-ad valorem special assessments as provided in Chapters 170 and 190, Florida Statutes (the “Special Assessment Bonds”); and
It is necessary to the public health, safety and welfare, and in the best interest of the District, that: (i) the District provide the Improvements; the nature and location of which are described in the “Engineer’s Report” (as hereinafter defined) and in the plans and specifications on file at the District Records Office;
(ii) all or a portion of the cost of the Improvements be assessed against the lands within the District specially benefited by the Improvements; and (iii) the District issue special assessment bonds to provide funds for such purposes; and
The provision of the Improvements, the levying of such non-ad valorem special assessments and issuance of Special Assessment Bonds serve a proper, essential, and valid public purpose; and
As set forth in Resolution No. 2023-11, adopted by the Board on November 13, 2023, it is the Board’s intention to defray all or a portion of the cost of the Improvements by levying non-ad valorem special assessments on the specially benefited properties located within the District; and
In order to provide funds to pay the costs of the Improvements, which are to be assessed against the specially benefited properties within District, it is necessary for the District to sell and issue its Special Assessment Bonds, in one or more series (“Bonds”); and
The Board has expressed its intention to issue Bonds in order to provide the funds needed for the Improvements prior to the collection of such non-ad valorem special assessments; and
Resolution No. 2023-11, was adopted in compliance with the requirements of Section 170.03, Florida Statutes, and prior to its adoption, the requirements of Section 170.04, Florida Statutes, had been complied with; and
Resolution No. 2023-11 was published as required by Section 170.05, Florida Statutes. A copy of the affidavit of publication is on file with the Secretary of the Board (i.e., the District Manager) at the District Offices provided in paragraph 3, above; and
A preliminary assessment roll was prepared and filed with the Board as required by Section 170.06, Florida Statutes; and
 Pursuant to Section 170.07, Florida Statutes, upon completion of the preliminary assessment roll, the Board adopted Resolution No. 2023-12, on November 13, 2023 providing the time and place for a public hearing where owners of the properties to be assessed and other persons interested therein may appear before the Board and be heard as to (i) the propriety and advisability of making the Improvements; (ii) the cost of the Improvements; (iii) the manner of payment; (iv) the assessment methodology; (v) the amount to be assessed against each parcel of specially benefited property within the District. Resolution No. 2023-12 further

provided for notice of the public hearing to be provided by publication and mail; and
 Notice of the public hearing has been given by publication and by mail as required by Section 170.07, Florida Statutes, and affidavits attesting as to such publication and mailing are on file at the office of the Secretary of the Board at the District Offices; and
 At the time and place specified in Resolution No. 2023-12 the Board met as an “Equalization Board”, conducted such public hearing and heard and considered all comments and complaints as to the matters described in paragraph 14 above, and based thereon, has made such modifications in the preliminary assessment roll as it deems necessary, in the making of the final assessment roll; and
 Having considered the costs of the Improvements, revised estimates of financing costs, the assessment methodology, and all comments, complaints and evidence presented at the public hearing, the Board specifically finds, ascertains and determines:
that the estimated costs of the Improvements is as specified in the District’s First Supplemental Engineer’s Report for the 2024 Project, accepted May 15, 2023, later revised on November 13, 2023 and as may be further revised, prepared by Alvarez Engineers, Inc. (the “Engineer’s Report”), a copy of which is attached hereto and incorporated herein as Exhibit “A”, and that the amount of such costs is reasonable and proper;
it is reasonable, proper, just and right to assess all or a portion of the cost of the Improvements, together with certain additional costs relating to the cost of issuance of the Bonds, against the properties within the boundaries of the District specially benefited thereby, using the method determined by the Board, which is set forth in the District’s Master Special Assessment Methodology Report for the 2024 Project, accepted on May 15, 2023, revised on November 13, 2023 and may be further supplemented, prepared by Special District Services, Inc. (the “Master Report”), a copy of which is attached hereto and incorporated herein as Exhibit “B”, which will result in the levy of non-ad valorem special assessments to be set forth on the final assessment roll;

it is hereby found, determined and declared that the Improvements will constitute and result in special benefits to all parcels of real property to be listed on the final assessment roll within the boundaries of the District, a copy of which is attached hereto and incorporated herein as Exhibit “C”, and that such special benefits, in the case of each such parcel, will be equal to or in excess of the amount of the non-ad valorem special assessment thereon;
the non-ad valorem special assessments are apportioned fairly and reasonably; and,
it is desirable that the non-ad valorem special assessments be paid and collected as herein provided.

Section 3.	AUTHORIZATION	OF	DISTRICT	IMPROVEMENTS.	The
Improvements are hereby authorized and approved, and the proper officers, employees and agents of the District are hereby authorized and directed to take such further action as may be necessary or desirable to cause the Improvements to be made following the issuance of the Bonds.
Section 4.  ESTIMATED COST OF IMPROVEMENTS. The total estimated costs of the Improvements and the costs to be paid by non-ad valorem special assessments on all specially benefited properties within the District are set forth in Exhibits “A” and “B”, respectively, hereto.

Section 5.	APPROVAL	AND	CONFIRMATION	OF	ASSESSMENT
METHODOLOGY. The Master Report is hereby approved and confirmed. The non-ad valorem special assessment to be levied against each respective parcel shown on the final assessment roll, a copy of which is attached hereto and incorporated herein as Exhibit “C”, are hereby equalized, approved, confirmed and levied, and together with interest and penalties thereon, as hereafter provided, shall be and shall remain a legal, valid and binding first lien on each such parcel until paid. Such lien shall be co-equal with the lien of all state, county, district, municipal or other governmental ad valorem taxes and superior in dignity to all other State liens, titles and claims as provided in Section 190.021(9), Florida Statutes.

Section 6.	FINALIZATION	OF	NON-AD	VALOREM	SPECIAL
ASSESSMENTS. When all of the Improvements have been constructed or otherwise provided to the satisfaction of the Board, the Board shall adopt a resolution accepting the same and determining the actual costs, including financing costs thereof, as required by Sections 170.08 and 170.09, Florida Statutes. The District shall credit to each non-ad valorem special assessment for the Improvements, the difference between the non-ad valorem special assessment as hereby made, approved and confirmed and the proportionate part of the actual costs of the Improvements, as finally determined upon completion thereof, but, in no event shall the final amount of any such non-ad valorem special assessment exceed the amount of the benefits originally fixed, determined, ascertained, levied, imposed and assessed hereunder. In making such credits, no discount shall be granted, nor credit given for any part of the payee’s proportionate share of any actual bond financing costs, such as capitalized interest, funded reserves, and bond discounts included in the estimated cost of any such Improvements. Subject to the foregoing, such credits shall be entered in the “Improvement Lien Book.” Once the final amount of non-ad valorem special assessments for all of the Improvements has been determined, the terms “special assessment”, “non-ad valorem assessment” or “non-ad valorem special assessment” shall, with respect to each parcel, mean the sum of the costs of the Improvements.

Section 7.  PAYMENT OF NON-AD VALOREM SPECIAL ASSESSMENTS AND METHOD OF COLLECTION.

All non-ad valorem special assessments shall be payable in no more than (30) annual installments (excluding any capitalized interest period), such installments to include principal and interest and be payable at the same time and in the same manner as are ad valorem taxes as prescribed in Chapter 197, Florida Statutes.

The District hereby elects, under its charter and Section 197.3631, Florida Statutes, to use the method of collecting special assessments authorized by Sections 197.3632 and 197.3635, Florida Statutes. The District has timely taken, or will timely take, all necessary actions to comply with the provisions of Sections

197.3632 and 197.3635, Florida Statutes, and any applicable rules adopted pursuant thereto; and, on or prior to the date the Special Assessment Bonds are issued, sold and delivered, the District shall enter into a written agreement with the Property Appraiser and Tax Collector of Miami-Dade County. Such non-ad valorem special assessments shall be subject to all of the collection provisions of Chapter 197, Florida Statutes.
Notwithstanding the foregoing, the District reserves the right under Section 197.3631, Florida Statutes, to collect its non-ad valorem special assessments pursuant to Chapter 170, Florida Statutes, and upon non-payment, to foreclose its non-ad valorem special assessment lien as provided for by law.
All special assessments may be prepaid, in whole or in part at any time, by payment in an amount equal to the principal amount of such prepayment, plus applicable interest accrued to that next interest payment date for the Bonds, which is more than forty-five (45) days after the date of such prepayment. All special assessments are also subject to prepayment in the amounts and at the times set forth in Chapter 170, Florida Statutes, provided, however, that the owner of land subject to the Special Assessments may elect to waive such statutory right of prepayment.
Section 8.  SEVERABILITY. If any section or part of a section of this resolution is declared invalid or unconstitutional by a court of competent jurisdiction, the validity, force and effect of any other section or part of a section of this resolution shall not thereby be affected or impaired unless such other section or part of a section of this resolution is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional.
Section 9.  CONFLICTS. All resolutions or parts thereof in conflict herewith are, only to the extent of such conflict, superseded, amended or repealed as the circumstances may require.

PASSED, ADOPTED and EFFECTIVE this 6th day of March, 2024.

ATTEST:	CUTLER CAY
COMMUNITY DEVELOPMENT DISTRICT

By:			By:		 Secretary/Assistant Secretary			Chairperson/Vice Chairperson

Attachments:
Exhibit “A” – Engineer’s Report
Exhibit “B” – Master Special Assessment Methodology Report Exhibit “C” – Assessment Roll

Cutler Cay Community Development District

First Supplemental Engineer’s Report
Infrastructure Improvements

Prepared for
Cutler Cay Community Development District Board of Supervisors
Town of Cutler Bay, Miami-Dade County, Florida

Prepared by
Alvarez Engineers, Inc.

8935 NW 35 Lane, Suite 101
Miami, FL 33172
Telephone 305-640-1345
Facsimile 305-640-1346
E-Mail Address: Info@Alvarezeng.com

Accepted May 15, 2023
Revised November 13, 2023

TABLE OF CONTENTS
Introduction	1
Purpose of this First Supplemental Enginee’s Report	1
Description of the 2024 Project and Estimated Costs	1
Summary of Estimated Costs for the 2024 and Sources of Funds	3
Engineer’s Certification	3
Exhibit 1. Location Map	4
Exhibit 2. Proposed Lake Banks Erosion Control	5
Exhibit 3. Proposed Drainage Repairs Phase II	6
Exhibit 4. Proposed Areas of Additional Drainage Improvements	7

Introduction.
In June of 2004 the Cutler Cay Community Development District, (the “District” or “CDD”) issued Special Assessment Reveune Bonds, Series 2004 in the amount of $13,580,000 to finance District-related public infrastructure consisting of roads, stormwater management and drainage improvements, and water and sewer systems (the “Series 2004 Project”). Such public infrastructure was described in detail in the Engineer’s Report prepared by Alvarez Engineers, Inc. (the “District Engineer”) dated March 22, 2004 and Amended on May 10, 2004 (the “Original Engineer’s Report”). A certificate of completion of the Series 2004 Project was issued by the District Engineer on October 18, 2008. The Series 2004 Bonds were refinanced in 2014 and then again in 2021.

As of the date of this First Supplemental Engineer’s Report, the CDD Board of Supervisors (the “Board”) intends to issue additional bonds or take a loan to finance certain repairs and additional improvements to the existing stormwater management and drainage system. Such repairs and improvements include lake banks erosion controls, drainage repairs or capacity increase within one of the District’s residential pods and additional drainage improvements District-wide for flood control, additional drainage capacity, and stormwater quality (the “2024 Project”).

Purpose of this First Supplemental Engineer’s Report.
This First Supplemental Engineer’s Report is being prepared to describe the supplemental public improvements that make up the 2024 Project, and to give an estimate of their construction costs.

Description of the 2024 Project and Estimated Costs
The 2024 Project, consists of the following:

Lake Banks Erosion Control. (Exhibit 2). The banks of the main stormwater retention lake located within Tract B of the plat of Cutler Cay, as recorded in Plat Book 162, Page 23, of the Miami-Dade County public records, have exhibited erosion caused mainly by the easterly winds that produce wave action on the surface of the lake. The degree of the erosion varies, being more pronounced on the west side of the lake, and to a lesser degree, on the north, south and eastern sides.

The District retained Lanshore Enterprises, Inc., a company specializing in lake erosion control, to study the lake banks. On June 29, 2022, Landshore Enterprises produced a study titled “Erosion and Sedimentation Control Plan for Cutler Cay Community Development District Lake 1” (the “Landshore Study”). The study classified the perimeter of the lake into three priority levels depending on the degree of erosion, and so, 3,505 Linear Feet of lake bank were assigned Priority Level One; 2,104 LF were assigned Priority Level Two and 2,541 LF, Priority Level Three. For Priority Levels One and Two, Landshore recommended the installation of a cement-based erosion control mat with a textile blanket and sod on top, and recommended immediate action on Priority Level One, followed by Two at the completion of Priority Level One. For Priority Level Three, Landshore recommended monitoring only, with future installation of controls in the future, if necessary.

The District Board decided to install the recommended erosion controls of the Priority Level One area in two phases: Phase One, consisting of approximately 1,763 LF, and Phase Two consisting of approximately 1,742 LF. The District has let a contract in the amount of
$293,000 for Phase One of Priority Level One. Such contract is to be funded with District operations funds, which have already been budgeted for in the District’s budget for Fiscal Year 2024. The costs for Phase Two of Priority Level One and Priority Level Two, as well as certain contingencies for Phase One of Priority Level One, are to be financed by the bonds or the loan that are the subject of this First Supplemental Engineer’s Report.

The table below lists the estimated costs of the priority levels and the source of funds:

Description	Estimated Cost*	
	
Source: Bonds or Loan	Source: CDD Operations Budget	
Priority Level 1 Phase 1		$293,000	
Priority Level 1 Phase 1 Contingency	$60,000		
Priority Level 1 Phase 2	$400,000		
Priority Level 2	$260,000		
Priority Level 3 Monitoring Only	$0		
Totals	$720,000	$293,000	

* The estimated costs above include contingencies, permits and professional fees.

Drainage Repairs Phase II. Localized flooding has been identified in the residential pod and at the development entrance as shown in the work areas of Exhibit 3. The proposed repairs or improvements are identified in the plans prepared by the District Engineer titled “Cutler Cay CDD Proposed Drainage Repairs Phase II” dated January 10, 2023.

The table below lists the estimated costs of the Phase II Drainage Repairs:

Description	Estimated Cost*	
	
Source: Bond or Loan	Source: CDD Operations Budget	
Drainage Repairs Phase 2	$150,000		
* The estimated costs above include contingencies, permits and professional fees.

Stormwater Quality. Due to age or break, many of the exisitng stormwater baffles that control the separation of oils and sediments before the surface water enters the groundwater table need to be replaced and/or engineer an alternative method for accomplishing the same effect. The oil/sediment separators may be installed in any of the District-owned tracts of land shown in Exhibit 4. The table below lists the estimated costs of the Stormwater Quality project.

Description	Estimated Cost*	
	
Source: Bond or Loan	Source: CDD Operations Budget	
Drainage Oil/Sediment Separators or Alternative Method	$120,000		

* The estimated costs above include contingencies, permits and professional fees.

Additional Drainage Improvements District-wide: The District has experienced complaints of periodic localized flooding due to several causes including the accummulation of silts and organic soils in the roadway swales over time, landscaping occupation of the roadway swales, alteration of the original grading due to driveways or other causes, consolidation of soils, reduced capacity of exfiltration trenches, etc. The localized flooding occurrences in the District may be reduced by designing and installing one of several types of improvements

including but not limited to additional exfiltration trenches, drainage wells, pump systems, underground exfiltration structures, valley gutters, etc. The improvements may be constructed District-wide as necessary in the District-owned tracts of land shown in Exhibit 4. The table below lists the suggested budget amount for additional drainage improvements District-wide.

Description	Estimated Cost	
	
Source: Bond or Loan	Source: CDD Operations Budget	
Additional Drainage Improvements District-wide	$400,000		

* The estimated costs above include contingencies, permits and professional fees.

Summary of Estimated Costs for the 2024 Project and Sources of Funds.

The estimated costs and funding sources of the public improvements encompassing the 2024 Project are summarized in the table below.

Description	Estimated Cost*	
	
Source: Bonds or Loan	Source: CDD Operations Budget	
Lake Banks Erosion Controls	$720,000	$293,000	
Drainage Repairs Phase II	$150,000		
Stormwater Quality	$120,000		
Additional Drainage Improvements District-wide	$400,000		
Totals	$1,390,000	$293,000	

* The estimated costs above include contingencies, permits and professional fees.

Engineer’s Certification.

It is our opinion that the proposed improvements constituting the 2024 Project and their estimated costs are fair and reasonable, and that the property within the District will receive a special benefit equal to or greater than the cost of such improvements. We believe that the improvements can be permitted, constructed and installed at the costs described in this report.

I hereby certify that the foregoing is a true and correct copy of the First Supplemental Engineer's Report for the Culter Cay Community Development District.

Juan R. Alvarez, PE
Florida Registration No. 38522 Alvarez Engineers, Inc.

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ALVAREZ ENGINEERS, INC.
CUTLER CAY CDD
LOCATION MAP

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PROPOSED LAKE BANKS EROSION CONTROL

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CUTLER CAY CDD
PROPOSED DRAINAGE REPAIRS PHASE II

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LVAREZ ENGINEERS, INC.

UTLER CAY CDD
ROPOSED AREAS OF ADDITIONAL DRAINAGE IMPROVEMENTS
XHIBIT 4

/9/2023  :\031/01 - Cutler Cay CDD\Yearly reports\2023 Report\00/-CADD\EXHIB!T-06.dgn	Page 24

MASTER SPECIAL ASSESSMENT METHODOLOGY REPORT FOR THE 2024 PROJECT

PREPARED FOR THE

CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT BOARD OF SUPERVISORS

May 15, 2023
Revised November 13, 2023

SPECIAL DISTRICT SERVICES, INC
2501A Burns Road
Palm Beach Gardens, Florida 33410 561-630-4922

Contents
INTRODUCTION	2
PROJECTS TO BE FUNDED BY THE DISTRICT	2
FUNDING OF IMPROVEMENTS	3
ALLOCATION OF BENEFIT AND ASSESSMENTS	3
COLLECTION OF SPECIAL ASSESSMENTS	4
FINANCING STRUCTURE	4
BOND SIZE	4
PRELIMINARY ASSESSMENT ROLL	4
ADDITIONAL STIPULATIONS	5
EXHIBIT A – LEGAL DESCRIPTION	7
TABLE A	8
TABLE B	9
TABLE C	10
TABLE D	11
TABLE E	12
TABLE F	13

  INTRODUCTION
The Cutler Cay Community Development District (the “District”) was established pursuant to Chapter 190, Florida Statutes, to provide for the construction and/or acquisition financing, long-term administration and management of certain public infrastructure relating to Cutler Cay (the “Development”), a 215.34 gross acre, consisting of 505 single-family residential units. The District has been established within the Development pursuant to Chapter 190, Florida Statutes, to provide for the construction, financing, long-term administration and management of certain infrastructure of the community.

Residential Type	Number of Units	
Single Family (60’ Relative Front Foot Lot)	180	
Single Family (75’ Relative Front Foot Lot)	258	
Single Family (125’ Relative Front Foot Lot)	67	
Total Units	505	

This Master Report will provide the allocation of special assessments as it relates to the sale and issuance of Special Assessment Bonds in one series (the “2024 Bonds”) for the financing of public infrastructure improvements in the Development located in the District, including, but not limited to, lake banks erosion controls, drainage repairs, the surface water management and drainage system, and other related public improvements (collectively, the “2024 Project”)

This Master Report equitably allocates the costs to be incurred by the District to provide the benefits of the 2024 Project to the developable lands within the Development as identified herein on Exhibit
A. The improvements comprising the 2024 Project are in detail in the First Supplemental Engineer’s Report dated May 15, 2023 (the “Engineer’s Report”), as may be revised and prepared by Alvarez Engineers, Inc. (the “District’s Engineer”).

  PROJECTS TO BE FUNDED BY THE DISTRICT
The District anticipates issuing Bonds to finance all or portion of the acquisition and/or construction of the 2024 Project. The total cost of the Project is estimated to be approximately $1,390,000. A detail of the 2024 Project costs is included herein on Table A. The Bonds will be repaid through the levy of non-ad valorem special assessments on all assessable property within the District. The 2024 Project has been designed to be functional and confer special benefits to the landowners within the District which special benefits equal or exceed the costs of the project. Any portion of the 2024 Project not financed through the issuance of Bonds will be paid for by the District.

The acquisition and maintenance obligations for the District’s proposed infrastructure improvements constituting the 2024 Project are described in detail in the Engineer’s Report. The construction costs identified in this report were provided by the District Engineer. Special District Services, Inc., as District Manager, makes no representation regarding the accuracy or validity of those costs and did not undertake any analysis or verification regarding such costs.

FUNDING OF IMPROVEMENTS
To defray the costs of construction and/or acquisition of all or a portion of the 2024 Project, the District will impose non-ad valorem special assessments on benefited real property within the District. These assessments are based on the special and peculiar benefits accruing to such property from the improvements comprising the 2024 Project. The use of non-ad valorem special assessments has an advantage in that the properties that receive the special benefits from the 2024 Project are the only properties that are obligated to pay for those facilities and services. The capital facilities which will be funded through these special assessments include only facilities which may be undertaken by a community development district under Chapter 190, F.S. This Master Report is designed to meet the requirements of Chapters 170, 190 and 197, F.S. and will describe the expected terms and conditions of the Bonds.
In summary, special assessments may be made only: (1) for facilities which provide special benefits to property as distinct from general benefits, (2) only against property which receives that special benefit, (3) in proportion to the benefits received by such properties, and (4) according to fair and reasonable methods that the governing body of the jurisdiction determines. The special assessments (both capital special assessments and operation and maintenance special assessments) placed upon various benefited properties within the District must be sufficient to cover the debt service of the Bonds that will be issued for financing all or a portion of the Project and to pay the costs to maintain those portions of the infrastructure that remain under the ownership of the District. The assessments must be fairly and reasonably allocated to the properties being assessed.

ALLOCATION OF BENEFIT AND ASSESSMENTS
In developing the methodology used for special assessments for the Development in the District, two
(2) interrelated factors were used:
Allocation of Benefit: Each parcel of assessable land within the District benefits from the proposed improvements.

Cost/Benefit: The special assessments imposed on each assessable parcel of land within the District cannot exceed the value of the benefits provided to such parcel.

The planned improvements comprising the 2024 Project is an integrated system of facilities designed to provide benefits to the assessable property within the District as a whole. The 2024 Project is intended to work as a total system which will provide special benefits for each unit type. The fair and reasonable method of allocating the benefit to each planned residential unit has been accomplished by assigning an equivalent residential unit (“ERU”) to each unit. Therefore, for the purpose of this Master Report each single family residential unit will be assigned one (1) ERU. The land uses will be assigned as follows in Table 2.

Table 2 – Equivalent Residential Unit (ERU)

Product Type	# of Units	ERU	
Single Family (60’ Relative Front Foot Lot)	180	1.000	
Single Family (75’ Relative Front Foot Lot)	258	1.000	
Single Family (125’ Relative Front Foot Lot)	67	1.000	
Total Units	505		

The Assessments will be levied across all the residential units in the District as all platting is complete. The amount of the assessments to platted lots is based on the schedule in Table F.

Given the District’s land use plan and the type of infrastructure to be funded by the special assessments, this method will result in a fair allocation of benefits and services and an equitable allocation of costs for the proposed Bonds.

COLLECTION OF SPECIAL ASSESSMENTS
The proposed special assessments relating to the 2024 Project will be collected through the Uniform Method of Collection described in Chapter 197, Section 197.3632; F.S. or any other legal means available to the District.

Since there are costs associated with the collection of the special assessments (whether by uniform method of collection as authorized under Chapter 197.3632, F.S. or other methods allowed by Florida law), these costs must also be included in the special assessment levy. These costs generally include the 1% collection fee of the County Tax Collector, a 1% service fee of the County Property Appraiser and a 4% discount for early payment of taxes. These additional costs may be reflected by dividing the annual debt service and operation and maintenance assessment amounts by 0.94.

FINANCING STRUCTURE
The estimated cost of the 2024 Project is approximately $1,390,000. The construction program and the costs associated therewith are identified herein on Table A.

All or a portion of the capital improvements comprising the 2024 Project is to be financed by the Bonds and when issued which will be payable from and secured by special assessments levied annually on all assessable properties in the District. Subject to sufficient validation capacity, the total aggregate principal amount of the Bonds that may be issued by the District for the 2024 Project is approximately
$1,750,000. The proceeds of the Bonds will provide approximately $1,390,000 for construction related costs. The sizing of the Bonds includes capitalized interest and issuance costs as shown on Table B. Please note the above referenced Bond sizing is a maximum amount used for this Master Report and the Developer may request the District to issue a lesser amount of Bonds that are less than those presented. The Bond debt allocations are shown on Table D.

BOND SIZE
Allocation of costs and benefits, shown herein on Table C, for the 2024 Project financed by the District is based on the number of dwelling units benefited by the infrastructure improvements comprising the 2024 Project. Based on a Bond size of $1,750,000, at an assumed interest rate of 6.50%, the maximum annual debt service for the Bonds as shown herein on Table E, will be approximately
$158,824 which has not been grossed up to include the 1% County Tax Collector fee, 1% County Property Appraiser fee, and 4% discount for early payment of taxes.

PRELIMINARY ASSESSMENT ROLL
The current site plan for the District includes the land uses in Table 2.

ADDITIONAL STIPULATIONS
Certain financing, development, and engineering data was provided by members of District staff, Consultants and/or the Landowner. The allocation methodology described herein was based on information provided by those professionals. Special District Services, Inc. makes no representations regarding said information beyond restatement of the factual information necessary for compilation of this report.

Special District Services, Inc. does not represent the Cutler Cay Community Development District as a Municipal Advisor or Securities Broker nor is Special District Services, Inc. registered to provide such services as described in Section 15B of the Securities and Exchange Act of 1934, as amended. Similarly, Special District Services, Inc. does not provide the Cutler Cay Community Development District with financial advisory services or offer investment advice in any form.

*********************

EXHIBIT A LEGAL DESCRIPTION
CIITLER CAV COMMUNITY Dt:v•:t,OPMENT DISTRICT

LEGAL DESCRPTION;
COMMENCING AT ll-fE CENTER OF SECTION 3 TOWNSHIP 5G sotrrn, RANGE, 40
EAST, AS SHOWN ON 11-lE PLAT OF "OLD CUTLER MEADOW", AS RECORDED IN PLAT BOOK 139, AT PAGE 8 OF nm PUBLIC RECORDS OF MIAMJ - DADE COUNTY,
FLORIDA. TIIENCE SOUTII 00° 53' 34" EAST, ON 1lfE WEST LINE OFlHE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 3, FOR 369.69 FEET TO THE POINT OF BEGINNING ON TIIE EASTERLY RIGHTOF-WAY LINE OF OLD CUTLER ROAD (INGRAHAM HIGHWAY), AS SHOWN ON THE PLAT OF" JENNINGS CUil.ER ESTATES SECTION ONE", AS RECORDED IN PLAT BOOK 122, AT PAGE 49 OF SAID
··· ---- · ·-·-- -		PUBLIC RECORDS; THENCE NORTI-IEASTERJ.Y, ON SAJD EASTERJ.Y RIGHT -OF - WAY LINE, THE FOLLOWING FOUR COURSES: (I)  NORlH 36° 34' 41" EAST, FOR 49.87 FEET TO TIIE BEGINNING OF A CURVE CONCAVE TO ntE NORTI-IWEST HAVING A
RADrus OF 1685.95 FEET AND A CENTRAL ANGLE OF 05° 47' 16"; (2) NORTHEASTERLY, ALONG SAJD CURVE, FOR 776.39 FEET; (J)NORTH 30° 4T 26" EAST, FOR 2481.29 FEET TO TifE BEGINNING OF A CURVE CONCAVE TO TI-IE NORTifWEST; SAID CURVE HAVING A RADIUS OF 11406.67 FEET; (4) NORTHEASTERLY, ALONG SAJD CURVE, 11-lROUGH A CENTRAL ANGLE OF 01• 00' 22", FOR 200.28 FEETTOTIIENORTif LlNE OF LOT7, INTifENORTifEASTQUARTER (NE J/4) OFTIIE PERRINE GRANT SUBDIVISION OF SECTION 3, TOWNSHIP 56
SOUTI-1, RANGE 40 EAST; THENCE NORTH 88° 42' 14" EAST, ALONGlHE NORTI-1
LfNE OF SAID LOT 7, FOR 145.38 FEET TO TIIE NORlHEAST CORNER OF SAID LOT 7: THENCE sotrm 00° .S2' 17• EAST, ON lHE EAST LINE OF SAJD LOT7, FOR 1279.60
FEET TO THE NORTHWEST CORNER OF LOT 9; THENCE NORTH Hsi- 14' 52" EAST, ON THE NORlH LINE OF SAID LOT 9, FOR 674.96 FEET TO 1liE SOUlHWEST CORNER Of LOT 5; THENCE NORTif 00'° 53' 02" WEST, ll..ONG 11-fE WEST LINE OF SAJD LOT 5,
F"OR 643.04 FEET TO rnE NORTif LINE OF llfE sourn HALF (S 1/2) OF SAID LOT 5:

nrn

THENCE NORTH 89" 14' .s2• EAST, FOR 674.96 FEET; lHENCENORTif 00° 53' 02" WEST, FOR 634.04 FEET; lHENCE NORTH 89° 06' 36" EAST, ON SAID NORTH UNE AND ITS EXlENSION, FOR I130.28 FEET;
FOLLOWING 8 COURSES RUN ALONG lHE MITIGATJON LINE; (I) THENCE, SOUlH 00°53' 24" EAST, FOR 640.00 FEET, (2) TIIENCE, NORlH 89" 06' 36" EAST,
FOR 300.00 FEET; (3) 11-IENCE, SOUTH 00° 53' 24" EAST, FOR 625.00 FEET; (4)
THENCE, SOUTH 89° 06' 36" WEST, FOR 40.00 FEET; (5) TIIENCE. SOUTH 45° 00' 00"
WEST, FOR 1164.44 FEET; (6) rnENCE, sourn 52° 00 00" WEST, FOR 865.45 FEET;
(7) 1HENCE. SOlJIH 89° 10' 55• WEST, FOR 383.09 FEET; (8) lHENCE, SOtJIH 00° 49' 05" EAST, FOR 709.58 FEET TO THE NORlHERL Y RJGfIT - OF WAY OF SW 196 m STREET; 1HENCE RUN ALONG TI-IE NORTIIERLY RIGIIT -OF-WAY OF SW 196 m STREET, SOUTH 89° 10' 19" WEST, FOR 2406.72 FEET; TI-IENCE NORTH 00° 49' OS" WEST A DISTANCE OF 120.49FEET; THENCE NORrn 31° 51' 36" EAST A DISTANCE OF 51.45 FEET TO A POINT ON THE ARC Of A NON-TANGENT CURVE CONCAVE TO IBE NORTHEAST AND HAVING A RADIUS OF 270.00 FEET (A RADIAL LINE Of SAID CURVE IBROUGH SAID POINT HAVING A BEARING OF NORIB 31° 51' 36" EAST): THENCE NOllTiiWESTERI.Y ALONG THE ARC OF SAID CURVE TO1HE RIGHT, HAVING A CENTRAL ANGLE OF 13° 08' 08" FOR AN ARC DJSTANCEOF61.90FEET TO THE POINTOF TANGENCY; ll-lENCENORllf 41° 25' 19" WEST A DISTANCE OF
43.49 FEET TO A POINf OF CURVATURE OF A TANGENT CURVE CONCAVE TOTI-IE soum AND HAVING A RADIUS OF 25.00 FEET; lHENCE NORTI-IWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG TI{E ARC OF SAID CURVE TO11:IE
LEFT, HAVING A CENTRAL ANGLE OF 102° 00' 34• FOR AN ARC DISTANCE Of 44.51 FEET TO TiiE POINT Of TANGENCY; THENCESOIIT H 36° 34' 41" WEST, A DISTANCE OF  8.98 FEETTOAPOJNTOFCURVATUREOF ATANGENTCURVECONCAVETO THE NORTHWEST AND HAYING A RADIUS OF 50.00 l:EET; lHENCE
SOUTI-IWESTERLY ALONG TifE ARC OF SAID CURVE TO TI-IE RIGHT lliROUGH A CENTRAL ANGLE OF 65° 19' 43• FOR AN ARC DISTANCE OF 57.01 FEET TO A POfNT OF COMPOUND CURVATURE OF A TANGENT CURVE, CONCAVE TO IBE NORTI-IEAST AND HAVING A RADIUS OF 225.00 FEET; THENCE WESTERLY AND
NORTHWESTERLY ALONG IBE ARC OF SAID CURVE TO TI-IE RJGI-IT, HAVING A CENTRAL ANGLE OF 34°07' Jl"FOR AN ARC DISTANCE OF 134 01 FEET: IBENCE. NOR TH 53° 34' 41" WEST, FOR 20.00 FEET TO THE SAID EASTERLY RIGJ-IT
LINE OF OLD CUTLER ROAD; THENCE. NORIB 36° 34' 41" EAST, FOR 922. 71 FEET TO THE POINT OF BEGINNrNG.
SAIi) LANDS LYING AND BEING IN MIAMI DADE COUNTY, FLORIDA A I> CONTAINING 21'il(,(j ACRES ('J)X I,14.l SQUARE FF.ET) MORE OR 1.r.ss
/0	Page 31

TABLE A PROJECT COST ESTIMATES
CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT

TOTAL

LAKE BANKS EROSION CONTROLS	$	720,000	
		
DRAINAGE REPAIRS PHASE II	$	150,000	
		
STORMWATER QUALITY	$	120,000	
		
ADDITIONAL DRAINAGE IMPROVEMENTS	$	400,000	
		
TOTAL	$	1,390,000	

TABLE B BOND SIZING
CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT

BOND SIZING

Par Amount*	$	1,750,000	*	
				
Debt Service Reserve Fund (DSRF)	$	-		
				
Capitalized Interest	$	(113,750)		
				
Issuance Costs	$	(246,250)		
				
Construction Funds	$	1,390,000		
				
Bond Interest Rate		6.50%		
				
Principal Amortization Period (Years)		30		

*Subject to change at final bond pricing				

TABLE C ALLOCATION OF PROJECT COSTS
CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT

Product	Number of Units
by Type	
ERU Factor	Total ERUs	Project Cost Allocation Per Type	Project Cost Allocation Per
Unit*	
Single Family (60’ Relative Front Foot Lot)	180	1.000	180.00	$	495,446	$	2,752	
Single Family (75’ Relative Front Foot Lot)	258	1.000	258.00	$	710,139	$	2,752	
Single Family (125’ Relative Front Foot Lot)	67	1.000	67.00	$	184,416	$	2,752	
						
TOTAL	505	N/A	505.00	$	1,390,000	N/A	
*Rounded

TABLE D ALLOCATION OF BOND DEBT
CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT

Product	Number of Units
by Type	
ERU Factor	Total ERUs	Bond Debt Allocation Per Unit
Type*	Bond Debt Allocation Per
Unit*	
Single Family (60’ Relative Front Foot Lot)	180	1.000	180.00	$	623,762	$	3,465	
Single Family (75’ Relative Front Foot Lot)	258	1.000	258.00	$	894,059	$	3,465	
Single Family (125’ Relative Front Foot Lot)	67	1.000	67.00	$	232,178	$	3,465	
						
TOTAL	505	N/A	505.00	$	1,750,000	N/A	

*Preliminary, subject to change

TABLE E

CALCULATION OF ANNUAL DEBT SERVICE

CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT

2024 Series
Bond Debt

1  Maximum Annual Debt Service	$	146,438.83		
			
2  Maximum Annual Debt Service Assessment to be Collected	$	155,785.99	*	
			
3  Total Number of Residential Units Planned	505		
			
4  Maximum Annual Debt Service per Unit Type	See Table F		

*Grossed up to include 1% collection fee of the County Tax Collector, 1% service fee of the County Property Appraiser and 4% for early payment of taxes.

TABLE F

ALLOCATION OF DEBT SERIVCE ASSESSMENTS

CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT

Product	
Number of Units by Type	
ERU Factor	
Total ERUs	**Maximum Annual Debt Assessment Per Unit Type*	**Maximum Annual Debt Assessment Per Unit*	
Single Family (60’ Relative Front Foot Lot)	180	1.000	180.00	$	55,528	$	308	
Single Family (75’ Relative Front Foot Lot)	258	1.000	258.00	$	79,590	$	308	
Single Family (125’ Relative Front Foot Lot)	67	1.000	67.00	$	20,669	$	308	
						
TOTAL	N/A	N/A	505.00	$	155,786	N/A	
*Rounded
**Grossed up to include 1% collection fee of the County Tax Collector, 1% service fee of the County Property Appraiser and 4% for early payment of taxes.

RESOLUTION NO. 2024-03

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT (“DISTRICT”) EXPRESSING THE INTENT OF THE DISTRICT TO USE THE UNIFORM METHOD OF LEVY, COLLECTION AND ENFORCEMENT OF NON-AD VALOREM ASSESSMENTS AS AUTHORIZED AND PERMITTED BY SECTION 197.3632, FLORIDA STATUTES; EXPRESSING THE NEED FOR THE LEVY OF NON-AD VALOREM ASSESSMENTS AND SETTING FORTH THE LEGAL DESCRIPTION OF THE REAL PROPERTY WITHIN THE DISTRICT'S JURISDICTIONAL BOUNDARIES THAT MAY OR SHALL BE SUBJECT TO THE LEVY OF DISTRICT NON-AD VALOREM ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, Chapter 197, Florida Statutes, provides for the usage by Cutler Cay Community Development (“District”) of a uniform method of levying, collecting and enforcing its non-ad valorem assessments; and

WHEREAS, Chapter 197, Florida Statutes, sets forth certain requirements which must be met by the District in order to use said uniform method of levying, collecting and enforcing its non-ad valorem assessments; and

WHEREAS, in accordance with Section 197.3632, Florida Statutes, the District will cause to be published in a newspaper of general circulation within the county within which the District is located, weekly for four (4) consecutive weeks prior to the date of the public hearing a notice of the District's intent to hold a public hearing on April 8, 2024, at 4:00 p.m. in the Cutler Cay Community Clubhouse located at 7755 SW 192nd Street, Cutler Bay, FL 33157 for the purpose of advising the public of the District's intention to adopt and use the Chapter 197, Florida Statutes, uniform method of levying, collecting and enforcing non-ad valorem assessments; and

WHEREAS, the Board of Supervisors (“Board”) of the District have determined that it is in the best interest of the District for the District to elect to use the uniform method of levying, collecting and enforcing non-ad valorem assessments as provided in Section 197.3632, Florida Statutes.

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

Section 1.  The above recitals are hereby incorporated and adopted as the findings of fact of the Board.

Section 2.  The uniform method of levying, collecting and enforcing non-ad valorem assessments as authorized by Section 197.3632, Florida Statutes, is hereby considered for adoption and usage by the District.

Section 3.  Non-ad valorem assessments will in the future be required to be assessed and levied by the District in order to provide necessary funds for one or more of the following reasons:
Satisfying the lawful debt obligations of the District, and/or

Financing, constructing, maintaining, and servicing the Improvements of the District, and/or

The operation of the District, and/or

Such other lawful purposes which the District is empowered to provide as authorized by law.

Section 4.  The uniform method of levying, collecting and enforcing non-ad valorem assessments now and in the future, if so required, shall, to the extent authorized by law, apply to all lands located within the jurisdictional boundaries of the District, as said jurisdictional boundaries are described in attached Exhibit "A" which is incorporated herein and made a part hereof.

Section 5.  That a certified copy of this Resolution, together with Exhibit "A" attached thereto, shall be promptly forwarded to the Miami-Dade County Property Appraiser, Miami-Dade County Tax Collector and the Florida Department of Revenue.

PASSED, ADOPTED and BECOMES EFFECTIVE this 6th day of March, 2024.

ATTEST:	CUTLER CAY
COMMUNITY DEVELOPMENT DISTRICT

By:			By:		 Secretary/Assistant Secretary			Chairperson/Vice Chairperson

EXHIBIT A
LEGAL DESCRIPTION
CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT

FELIX CLEAN SERVICES, LLC.
Office Phone: (786) 389-6522

Proposal/Contract

Customer & Address:	Cutler Cay Community Development District
Old Cutler Rd. & SW 195th Ter Cutler Bay, FL

We hereby submit specifications and estimates for:

Acid wash tile two sources. For waterline tiles calcification.

Acid wash tile two sources	---------------------------------------	$ 1,200.00	
7% Tax	---------------------------------------	N/A	
Total	---------------------------------------	$ 1,200.00	
*50% Deposit is required.			

ACCEPTANCE OF PROPOSAL

Name (and Title):	_______R__o_n_a_l_d__G__a_lv__is__-_F__ie__ld__O__p_e_r_a_t_io__n_s__M__a_n_a__g_e_r_

Ronald Galvis
Signature:	__________________________________________________

Date:

_F_e__b_r_u_a_r_y__9_t_h_,_2_0__2_4_.______________________________

FELIX CLEAN SERVICES, LLC.:	__________________________________________________

Approved by Chairperson Mr. Musser on 2-9-2024.
Company currently working on the water feature.
Requested COIs already received.

2/9/24, 12:16 PM	Mail - Ronald Galvis - Outlook

Re: CC Proposal for Tiles Calcification Removal - South Water Feature
 Chris Musser <chris_musser@yahoo.com> 
Thu 2/8/2024 5:05 PM
To:Ronald Galvis <rGalvis@sdsinc.org>
 Approve. 
Sent from my iPhone

On Feb 8, 2024, at 4:14 PM, Ronald Galvis <rGalvis@sdsinc.org> wrote:

Good afternoon, dear Mr. Musser,
As per our conversation, here is "Felix Clean" proposal for the removal of the calcification of the south water features waterline tiles, for an amount of
$1,200.00.
As instructed, I spoke with the vendor (who is currently performing the job for these same features), and he assure that at least 90% of the calcification will be removed.
Please be advised that last time we did this (about a year ago with a different company), we paid $1,500.00, so, Felix Clean proposal is 20% under that cost, maybe due to the savings in mobilization costs since they are currently working on these features.
Please advise. Thank you.

<Outlook- rr24vhq0.jpg>

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

<Felix Clean Proposal.pdf>

12600 S.W. 125 Avenue, Miami, FL 33186	
Phone: 305 255 7000	Fax: 305 255 1281	

TO:	Cutler Cay	DATE:	1/4/24	
	Community Development District	JOB NAME:	Retention Wall	
ADDRESS:	2501 A Burns Road	JOB LOCATION:	Cutler Cay	
	Palm Beach Gardens, Fl. 33410	PAGE:	1	
We hereby submit specifications and estimates for:			

Trim back Florida Holly tree enchroaching perimeter fence/wall. The area that will be	
taken care of is the area that was discussed with Mr. Galvis earlier today.	

Price includes removal and disposal of debris.

Proposal

Our charge:	$680.00	
Approved by Chair Mr. Musser on January 18th, 2024.
Requested COIs must be provided before commencement of any job.
Ronald Galvis
Ronald Galvis - Field Operations Manager Cutler Cay CDD

Turf Management carries $1,000,000 property liability insurance, vehicle insurance,	
and all workmen are covered under workers compensation.	

We Propose hereby to furnish material and/or labor in accordance with above specifications, for the sum of:

Acceptance of Proposal	
Signature		
Date		

By:	
Fernando Toledo	
For Turf Management	

This Proposal becomes a Contract upon acceptance by both parties.

Cutler Cay CDD – Storm Drainage Cleaning	
Americlean	Caraballo Express	Raptor Vac Systems	
Perform the cleaning of the 103 storm drainage structures/catch basins (As per
inspection performed by Field Operations in January 2024).	
Total Cost:
$11,000.00	Total Cost:
$36,050.00	Total Cost:
$11,240.00	

Page 48

PO Box 560951 Miami, FL 33256 Phone (305) 270-3233 Fax (305) 259-4214

January 30, 2024

Cutler Cay
Old Cutler Road & SW 187 St Cutler bay, FL 33189
ATTN: Ronald Galvis

STORM DRAIN CLEANING

103 Drainage Structures
Vacuum pump truck to remove debris from each drain and pit. Pressure jet clean drains pit walls and bottom.
Remove debris from area.

All work is guaranteed to be as specified, and the above work to be performed in accordance with the specifications submitted for above work and completed in a substantial workmanlike manner for the sum of:

Total Cost for Storm Drain System Cleaning:	$11,000.00
With payment to be made at: Terms: 30 Days.
Any alteration or deviation from above specifications involving extra costs will be executed only upon written order, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control.

Sincerely submitted,

Oscar Vinces ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be made as outlined above.

Signature: 		Date: 	
Note: Proposal may be withdrawn by us if not accepted within 90 days.

Caraballo Express Pump Outs Corp.
Yerandis Leal
Business Number 786-346-9807
240 west 28 st Hialeah Florida 33010 License # SA0181993
305-776-0802 OWNER
caraballoexpress.com caraballoexpress_ctw@yahoo.com

ESTIMATE
EST1082

DATE
Jan 30, 2024

TOTAL
USD $36,050.00

TO

Cutler Cay CDD
 7865031633
rGalvis@sdsinc.org

DESCRIPTION	RATE	QTY	AMOUNT

Catch basin pump out
This cleaning includes pump out and pressure clean to break solids inside tank.	$350.00	103	$36,050.00	
** If storm drains have accumulated water on top there is a separate fee

*Payment must be made upon completion			

TOTAL		USD $36,050.00	

I authorize Caraballo Express Pump Outs Corp to have access to above said property to complete the work described on this service order on the agreed upon date of service. All services must be conducted using the best possible care. We are not responsible for any damages on property. We will not be responsible for grass or sprinklers! There will be no refunds or claims accepted. Payment is due upon completion of services. When 50% deposit is given customer is aware and agrees to our terms and conditions.

PROPOSAL
4122 NE 22 nd Court, Homestead, FL 33033
Tel 786-694-0709
E-mail: operations@raptorvac.com
STORM DRAIN MAINTENANCE
PROPOSAL SUBMITTED TO:
Cutler Cay CDD ℅ SDS, Inc.	PROJECT NAME:
Cutler Cay CDD	
BUSINESS ADDRESS:
2501A Burns Road, Palm Beach Gardens, FL	PROJECT LOCATION:
7755 SW 192nd St, Cutler Bay, FL 33157	
CONTACT:
Ronald Galvis	DATE:
January 30, 2024	

We hereby propose to furnish all labor and equipment to complete the work outlined in this proposal in accordance with the Scope of Work listed below.

SCOPE OF WORK: Vac-Con sewer combination cleaner to clean one hundred three
(103) storm drain structures as shown in maps provided by management. Clean grate, frame hinges and wash walls. Disposal at Miami Dade County Treatment Plant.

COST: We propose to conduct this work in accordance with the above Scope of Work for the sum of $11,240.00. Note: price valid for ninety (90) days.

Eleven Thousand Two Hundred Forty Dollars and 00/100 Cents TERMS: Net 30
ACCEPTANCE: Client hereby accepts and agrees to the terms, Scope of Work, and all other conditions and speciﬁcations hereinabove. Raptor Vac Systems is authorized to perform the work. Payment shall be made in accordance with the provisions contained hereinabove.

Accepted by:

Authorized Representative’s Signature

Date of Acceptance

From: Daniel Vellojin (Reef Tropical) <Daniel@reeftropical.com>
Sent: Friday, February 2, 2024 5:12 PM
To: Gloria Perez <gperez@sdsinc.org>; Ronald Galvis <rGalvis@sdsinc.org>
Cc: Mike Lewis (Pool Centurion) <mike@reeftropical.com>; Susan Olijnyk (Reef Tropical)
<susan@reeftropical.com>; Enrique Noguera (Reef Tropical) <enrique.noguera@reeftropical.com> Subject: Notice of Service Review and Proposed Pricing Adjustment for Cutler Cay Fountain Maintenance

Dear Ronald and Gloria,

I trust this message finds you well. I am writing to you on behalf of Reef Tropical, serving as the Maintenance Manager overseeing the maintenance operations for the Cutler Cay fountain.

Over the past year, we have conducted a comprehensive review of the services we provide for the Cutler Cay fountain. We greatly value the relationship we have cultivated with Cutler Cay Community Development District over the years and have taken great care in our assessment.
Upon thorough examination, we have identified that the scope of work required for the weekly service has proven to be more challenging and time-consuming than initially anticipated. The cleaning process, on average, now takes approximately an hour and a half due to the accumulation of excessive bush
trimmings, palm droppings, and dust brought in by oncoming traffic.

To meet the maintenance standards we hold for ourselves and to fulfill the expectations set by Cutler Cay, we have often had to deploy 4-man teams on multiple occasions throughout 2023. In light of this,
we believe it is crucial to address the current service pricing to ensure the sustainability of our continued partnership.
Considering the factors mentioned, we propose two options to accommodate the evolving needs of maintaining the Cutler Cay fountain:

Option 1:Upgrade to a 3x a week service at the revised price of $1,350. This option will allow us to efficiently address the maintenance needs, ensuring the fountain is consistently cleaned and maintained to the high standards we both expect.
Option 2: Retain the current 2x a week service at the adjusted price of $1,080. With this option, we will allocate additional time during each visit to manage the increased maintenance demands.

We understand that these proposed adjustments may come as a surprise due to the substantial increase in pricing. However, we want to assure you that we have carefully considered all aspects and believe
these options reflect a fair and necessary adjustment to sustain the quality of service you expect from us.

While we have explored the possibility of parting ways, we genuinely value our partnership with Cutler Cay Community Development District. We are providing these options with the hope of finding a
mutually beneficial solution that allows us to continue serving your community.

Please be advised that this email serves as a 30-day notice of the proposed pricing adjustments, and we are more than willing to discuss any concerns or questions you may have. Our goal is to continue

delivering exceptional service to Cutler Cay, and we remain committed to working together to find the most suitable arrangement for both parties.

Thank you for your understanding and continued partnership. Sincerely,
Daniel Vellojin
Maintenance Operation Manager

(305)-509-1863
Daniel@reeftropical.com reeftropical.com

Cutler Cay CDD
South Entrance Water Features Regular Maintenance	
American Pool Services	Felix Clean Services	
Llerandi Pool Care	Pool Centurion Group - Reef Tropical	

Provide the Regular Maintenance/Cleaning Services for the water features located at the south entrance. Price options provided for 2 VISITS PER WEEK or 3 VISITS PER WEEK.
Services to provide include (but are not limited to):

- Vacuum/brush all walls, steps & tiles
- Skim water surface and debris
- Empty pump & skimmer baskets
- Clean filters
- Check water chemistry, and add all necessary chemicals
- Check and inspect equipment (equipment room) and report any failure/malfunction.	
	
Felix Clean is the company that performed the recent leaks repairs for both features.		
Pool Centurion / Reef Tropical is our current provider for these services.	

Vendors were asked if they could offer a discounted price for their services if they were to be hired by both entities; the District and the Association. All contact information was shared with the HOA staff.	

Cutler Cay CDD
South Entrance Water Features Regular Maintenance	
American Pool Services	Felix Clean Services	
Llerandi Pool Care	Pool Centurion Group - Reef Tropical	

Monthly Price
service visits per week:
$750.00
service visits per week:
$975.00	
Monthly Price
service visits per week:
$900.00
service visits per week:
$1,300.00	
Monthly Price
service visits per week:
$900.00
service visits per week:
$1,200.00	
Monthly Price
service visits per week:
$1,080.00
service visits per week:
$1,350.00	

American Pool Services has provided a discounted price, not contingent upon servicing the HOA.			Monthly discounted price (10% off) if they are also hired by the HOA.
service visits per week:
$972.00
service visits per week:
$1,215.00	

Cutler Cay CDD - Fountains
Fountain Maintenance Contract

Part 1- General Specifications

American Pool Service agrees to provide the following services for Cutler Cay CDD - Fountains. located at SW 196th & Old Cutler Road, Miami, FL 33189, Effective date being 03/01/2024 through 12/31/24

American Pool Service will be responsible for performing 2 weekly visits (weather permitting and excluding holiday) in which the following services will be performed, as necessary:

Brush fountains
Clean out skimmer baskets
Clean out hair lint strainer baskets
Test water chemistry and adjust as needed
Skim fountain surface to remove floating debris
Maintain filter area in a clean and safe condition
Backwash fountain filter as necessary.
Inspect all equipment to ensure proper operation
Notify Manager of any parts, repairs or chemicals needed

Facilities Included: (2) Fountains

Balancing Chemicals Included:	(YES)
This contract does include liquid chlorine, Ph adjusters, stabilizer, calcium chloride and sodium bicarbonate, as necessary. All other specialty chemicals (i.e. algaecides, phosphate remover, etc) would be billed additional, if/when necessary.

Special Notes:
This contract may be canceled by either party with written 30 day notice with or without clause.

Compensation & Terms
The monthly charge for the service listed above shall be:	#Visits/Week: 2	$ 750.00 Per Month

Any chemicals, parts or repairs over the amount of $100.00 will be submitted to the Manager in writing for approval prior to American Pool Service commencing corrective action. All invoices presented to the Manager will be paid in full within 30 days of the invoice date or will be subject to a 1.5% per month finance charge (18% annually). This Agreement is subject to the Terms and Conditions attached in Part 2-7.

Accepted:

Owner/Agent	Neil Gates, President, APS of Hollywood, LLC.

Date	Date

5819-A North Andrews Way, Fort Lauderdale FL 33309 Phone: (954)792-1191

Cutler Cay CDD - Fountains
Fountain Maintenance Contract

Part 1- General Specifications

American Pool Service agrees to provide the following services for Cutler Cay CDD - Fountains. located at SW 196th & Old Cutler Road, Miami, FL 33189, Effective date being 03/01/2024 through 12/31/24

American Pool Service will be responsible for performing 3 weekly visits (weather permitting and excluding holiday) in which the following services will be performed, as necessary:

Brush fountains
Clean out skimmer baskets
Clean out hair lint strainer baskets
Test water chemistry and adjust as needed
Skim fountain surface to remove floating debris
Maintain filter area in a clean and safe condition
Backwash fountain filter as necessary.
Inspect all equipment to ensure proper operation
Notify Manager of any parts, repairs or chemicals needed

Facilities Included: (2) Fountains

Balancing Chemicals Included:	(YES)
This contract does include liquid chlorine, Ph adjusters, stabilizer, calcium chloride and sodium bicarbonate, as necessary. All other specialty chemicals (i.e. algaecides, phosphate remover, etc) would be billed additional, if/when necessary.

Special Notes:
This contract may be canceled by either party with written 30 day notice with or without clause.

Compensation & Terms
The monthly charge for the service listed above shall be:	#Visits/Week: 3	$ 975.00 Per Month

Any chemicals, parts or repairs over the amount of $100.00 will be submitted to the Manager in writing for approval prior to American Pool Service commencing corrective action. All invoices presented to the Manager will be paid in full within 30 days of the invoice date or will be subject to a 1.5% per month finance charge (18% annually). This Agreement is subject to the Terms and Conditions attached in Part 2-7.

Accepted:

Owner/Agent	Neil Gates, President, APS of Hollywood, LLC.

Date	Date

5819-A North Andrews Way, Fort Lauderdale FL 33309 Phone: (954)792-1191

NOW THEREFORE, in consideration of the promises and of other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

PART 2 - CHEMICALS AND SUPPLIES
CONTRACTOR will supply all chemicals necessary to adjust the chlorine and pH levels in the fountain. In addition all water balancing chemicals will be provided by the CONTRACTOR, (Balancing chemicals to include Calcium Chloride, Sodium Bicarbonate and Cyanuric Acid). Any special Chemicals needed (i.e. phosphate remover, algicides ,etc) will be in addition to the base monthly contract, with prior OWNER approval. Chemicals, clean-up, high water level removal due to weather will be billed in addition to the monthly contract.

PART 3 – OWNER’S RESPONSIBILITIES
REPAIRS, BILLS, AND INVOICES: It is agreed and understood that the OWNER shall pay all repair bills and invoices submitted to
OWNER by CONTRACTOR within 30 days of receipt. It is agreed and understood that this covenant is an independent covenant of this contract. All materials supplied by CONTRACTOR remain the property of CONTRACTOR until materials are paid in full.
All applicable taxes (i.e. Federal, State) for any equipment, labor, chemicals, or any other sales are not included in the prices represented in this agreement and shall be applied as an extra to all invoices as applicable.
Restrictive endorsements or other statements on checks accepted by CONTRACTOR will not apply and in no way alter this contract.
PART 4 – DEFAULT/ LIQUIDATED DAMAGES
In the event that OWNER fails to make any of the payments required hereunder or fails to comply with any of the terms of this Agreement, the OWNER shall be in default and CONTRACTOR, at its sole option, shall have the right (i) to declare this Agreement "terminated" and immediately cease to provide any and all services, supplies and personnel to OWNER at the pool site or elsewhere, and (ii) avail itself of any and all remedies, both legal and equitable, it may be entitled to at the time of default, to specifically include but not be limited to the damages set forth below in liquidated damages.
It is agreed and understood that in the event any sums of money which are due to CONTRACTOR under and by virtue of this agreement are not paid in full by OWNER within thirty (30) days subsequent to the receipt of an invoice for the same, said sum shall bear interest at the rate of 1.5% per month. This provision shall be applicable in addition to any rights and remedies, which CONTRACTOR may have under any other provisions of this agreement.

In the event of termination of performance by CONTRACTOR under the terms of this Agreement for nonpayment of any sum due hereunder by OWNER, it is expressly agreed and understood that CONTRACTOR shall be entitled to retain all sums of money previously received from the OWNER, and shall be entitled to collect all sums of money due including reasonable attorney’s fees under the terms of the contract. The charges for any chemicals, supplies or labor that is outstanding are also due at the time of termination.
PART 5- BINDING EFFECT
The terms and provisions of this Agreement shall be binding on the OWNER its successors and/or heirs and to the benefit of CONTRACTOR and its successors and assigns. OWNER shall not have the right to assign, pledge or encumber in any way any part of its interest in this Agreement without the prior written consent of CONTRACTOR. CONTRACTOR, however, shall have the right to assign any and all rights, services and obligations under this Agreement.
This Agreement shall be governed and construed in accordance with the laws of the State of Florida.

PART 6- INSURANCE
CONTRACTOR shall maintain at its sole cost Comprehensive General Liability covering the legal liability for both bodily injuries and property damages as well as Workers Compensation Insurance and Commercial Automobile Insurance.
The total Insurance Coverage provided including umbrella is $22 MILLION. If coverage falls below 5 MILLION combined liability and umbrella, OWNER will be notified. Owner will be furnished a certificate of insurance stating such.
PART 7- MISCELLANEOUS
This contract embodies the entire understanding between the parties, and there are no other agreements, representations or warranties in connection therewith. IN WITNESS HEREOF, the parties hereto have signed this contract by their duly authorized representative and/or agents who represent that they have the express authority to enter this agreement in behalf of each party.
OWNER acknowledges that it owns and/or operates the pool facility and has legal capacity and authority to enter into this Agreement and bind the property owner of the pool facility. This Agreement is a valid and legally binding obligation of OWNER and is fully enforceable against OWNER and the party which owns and operates the pool facility.
ACCEPTED:
OWNER/AGENT	CONTRACTOR

Date: 		Date: 	
MAINT-F1205

FELIX CLEAN SERVICES, LLC.
Office Phone: (786) 389-6522

Proposal/Contract

Customer & Address:	Cutler Cay Community Development District
Old Cutler Rd. & SW 195th Ter Cutler Bay, FL

We hereby submit specifications and estimates for:
Regular Cleaning/Maintenance for the 2 Water Features (2 times a week), including:

Vacuum/Brush all walls, steps & tiles
Skim water surface and debris
Empty pump & skimmer baskets
Clean filters
Check water chemistry, and add all necessary chemicals
Check and Inspect all the equipment and report any failure/malfunction.

Monthly Maintenance Charge	---------------------------------------	$ 900.00	
7% Tax	---------------------------------------	N/A	
Total	---------------------------------------	$ 900.00	

ACCEPTANCE OF PROPOSAL

Name (and Title):	__________________________________________________

Signature:	__________________________________________________ Date:	__________________________________________________

FELIX CLEAN SERVICES, LLC.:	__________________________________________________

FELIX CLEAN SERVICES, LLC.
Office Phone: (786) 389-6522

Proposal/Contract

Customer & Address:	Cutler Cay Community Development District
Old Cutler Rd. & SW 195th Ter Cutler Bay, FL

We hereby submit specifications and estimates for:
Regular Cleaning/Maintenance for the 2 Water Features (3 times a week), including:

Vacuum/Brush all walls, steps & tiles
Skim water surface and debris
Empty pump & skimmer baskets
Clean filters
Check water chemistry, and add all necessary chemicals
Check and Inspect all the equipment and report any failure/malfunction.

Monthly Maintenance Charge	---------------------------------------	$ 1,300.00	
7% Tax	---------------------------------------	N/A	
Total	---------------------------------------	$ 1,300.00	

ACCEPTANCE OF PROPOSAL

Name (and Title):	__________________________________________________

Signature:	__________________________________________________ Date:	__________________________________________________

FELIX CLEAN SERVICES, LLC.:	__________________________________________________

Llerandi Pool Care LLC

info@llerandipoolcare.com www.llerandipoolcare.com

Estimate
ADDRESS
Cutler Cay Community Development District 7755 Sw 192nd St Cutler Bay, FL 33157

ESTIMATE # 1307
DATE 02/09/2023

ACTIVITY

QTY

RATE

AMOUNT

Pool Care
2x weekly Monday & Thursday

Brush all walls, steps & tile Vacuum, if applicable Skim and net pool surface Empty pump baskets Empty skimmer baskets Clean filter (as needed) Check water chemistry
Add all necessary chemicals.

1	900.00	900.00

TOTAL	$900.00

Accepted By	Accepted Date

Llerandi Pool Care LLC

info@llerandipoolcare.com www.llerandipoolcare.com

Estimate
ADDRESS
Cutler Cay Community Development District 7755 Sw 192nd St Cutler Bay, FL 33157

ESTIMATE # 1440
DATE 02/08/2024

ACTIVITY

QTY

RATE

AMOUNT

Pool Care
3x weekly service
Monday, Wednesday, Friday

Brush all walls, steps & tile Vacuum, if applicable Skim and net pool surface Empty pump baskets Empty skimmer baskets Clean filter (as needed) Check water chemistry
Add all necessary chemicals.

1	1,200.00	1,200.00

TOTAL	$1,200.00

Accepted By	Accepted Date

BILL TO
Cutler Cay Community Development District 2501 Burns Road
Palm Beach Gardens, FL 33410 USA

Reef Tropical Pool a Pool Centurion Group, LLC company
Remit To:
P.O. Box 749078
Atlanta, GA 30374-9078 Make a Payment! https://poolcenturion.myservicetitan.com

ESTIMATE DATE
Feb 05, 2024

ESTIMATE
254327601

J O B A D D R E S S
Cutler Cay Community Development District 7755 Southwest 192nd Street
Cutler Bay, FL 33157 USA

Job: 254345085

E S T I M AT E D E TA I L S

Cutler Cay Fountain - Maintenance Estimate (Maintenance Membership): 2x a week

TA S K	D E S C R I P T I O N	Q T Y

1	Commercial Water Feature 2x week	1.00

SUB-TOTAL	$1,080.00

TOTAL	$1,080.00
ASK US ABOUT OUR ADDITIONAL SERVICES!
-Annual Preventative Equipment Maintenance
-Renovations
-Automation Upgrades

Please call the office at 305.367.2005
For any further questions.

Make a Credit Card Payment! https://poolcenturion.myservicetitan.com

BILL TO
Cutler Cay Community Development District 2501 Burns Road
Palm Beach Gardens, FL 33410 USA

Reef Tropical Pool a Pool Centurion Group, LLC company
Remit To:
P.O. Box 749078
Atlanta, GA 30374-9078 Make a Payment! https://poolcenturion.myservicetitan.com

ESTIMATE DATE
Feb 05, 2024

ESTIMATE
254343076

J O B A D D R E S S
Cutler Cay Community Development District 7755 Southwest 192nd Street
Cutler Bay, FL 33157 USA

Job: 254345085

E S T I M AT E D E TA I L S

Cutler Cay Fountain - Maintenance Estimate (Maintenance Membership): 3x a week

TA S K	D E S C R I P T I O N	Q T Y

1	3x week Commercial Water Feature	1.00

SUB-TOTAL	$1,350.00

TOTAL	$1,350.00
ASK US ABOUT OUR ADDITIONAL SERVICES!
-Annual Preventative Equipment Maintenance
-Renovations
-Automation Upgrades

Please call the office at 305.367.2005
For any further questions.

Make a Credit Card Payment! https://poolcenturion.myservicetitan.com

BILL TO
Cutler Cay Community Development District 2501 Burns Road
Palm Beach Gardens, FL 33410 USA

Reef Tropical Pool a Pool Centurion Group, LLC company
Remit To:
P.O. Box 749078
Atlanta, GA 30374-9078 Make a Payment! https://poolcenturion.myservicetitan.com

ESTIMATE DATE
Feb 05, 2024

ESTIMATE
254327601

J O B A D D R E S S
Cutler Cay Community Development District 7755 Southwest 192nd Street
Cutler Bay, FL 33157 USA

Job: 254345085

E S T I M AT E D E TA I L S

Cutler Cay Fountain - Maintenance Estimate (Maintenance Membership): 2x a week

TA S K	D E S C R I P T I O N	Q T Y

1	Commercial Water Feature 2x week:
(Original pricing $1,080 + 10% discount = $972)

ASK US ABOUT OUR ADDITIONAL SERVICES!
-Annual Preventative Equipment Maintenance
-Renovations
-Automation Upgrades

Please call the office at 305.367.2005
For any further questions.

Make a Credit Card Payment! https://poolcenturion.myservicetitan.com

1.00

SUB-TOTAL	$972.00

TOTAL	$972.00

BILL TO
Cutler Cay Community Development District 2501 Burns Road
Palm Beach Gardens, FL 33410 USA

Reef Tropical Pool a Pool Centurion Group, LLC company
Remit To:
P.O. Box 749078
Atlanta, GA 30374-9078 Make a Payment! https://poolcenturion.myservicetitan.com

ESTIMATE DATE
Feb 05, 2024

ESTIMATE
254343076

J O B A D D R E S S
Cutler Cay Community Development District 7755 Southwest 192nd Street
Cutler Bay, FL 33157 USA

Job: 254345085

E S T I M AT E D E TA I L S

Cutler Cay Fountain - Maintenance Estimate (Maintenance Membership): 3x a week

TA S K	D E S C R I P T I O N	Q T Y

1	3x week Commercial Water Feature:
(Original pricing $1,350.00 + 10% discount = $1,215)

ASK US ABOUT OUR ADDITIONAL SERVICES!
-Annual Preventative Equipment Maintenance
-Renovations
-Automation Upgrades

Please call the office at 305.367.2005
For any further questions.

Make a Credit Card Payment! https://poolcenturion.myservicetitan.com

1.00

SUB-TOTAL	$1,215.00

TOTAL	$1,215.00

COMMERCIAL POOL MAINTENANCE

Providing Excellence in Service, Repair & Renovation
Page 67

Commercial Pool Maintenance Proposal

Offering the highest level of professional commercial pool & spa service and repairs available in South Florida. With every pool and spa, there are several critical service items, which must be managed carefully on a routine basis. It takes knowledge and skill to avoid equipment damage or health risks. Our pool technicians are trained in all aspects of pool/spa service and maintenance including water quality, surface care, and cleaning. Our mechanic team is trained and attend regular training courses in all aspects of pool/spa maintenance, installations and repairs of all pool related equipment.
Our Agreement
In consideration of the mutual covenants hereinafter contained, we agree to perform services for the benefit of the Customer set forth below from Month and automatically renewed every year thereafter, unless informed otherwise. The Customer agrees to pay the sum or sums as set forth below in this document. This agreement is for specified weekly cleaning and chemical services only and in no way includes any services calls or repairs outside of the specified scheduled window.

Cleaning & Chemical services include the following

Check and rebalance- Pool Chemistry Skim water surface and debris Vacuum/ brush as needed
Clear hair and lint trap basket/ grates Clean waterline tile
Complete DOH Service Log
All chemicals necessary to maintain the pool within the required parameters of the Health

Department to include Liquid Chlorine, Muriatic Acid, Bicarbonate Soda, Calcium, Stabilizer
Additional chemical treatments will be charged as needed. (Algaecides, stain treatments etc..

Creating Meaningful Memories, One Drop at A Time

PREVENTATIVE MAINTENANCE FOR POOL/SPA EQUIPMENT

The systems that regulate and operate your “bodies” of water - your pool and/ or spa - need annual equipment maintenance; just as your pool and/ or spa requires weekly maintenance.
As you know living in South Florida, experiencing unexpected climate changes, pools and spas need detailed annual inspections. These inspections are conducted by professionals, who are well versed in the intricacies of complex pool systems. Preventative equipment annual inspections help the pool and/ or spa to function efficiently and cost-effectively.
Protecting your pool investment requires caring for its equipment sooner rather than later. Inspecting the equipment BEFORE they fail, to assure your own safety and to get the most enjoyment from your pool.
These services will be performed annually and billed to your account. This service is automatically renewed, unless otherwise informed.
Please refer to your customized estimate for your recommended preventative annual services
Any repairs that are outside of warranty work or normal maintenance will be additional to this proposal.

Service Day

Maintenance Service will be performed year-round, at a frequency to be specified by Member preferences.

Payment Method

Payments may be made to Reef Tropical via check, credit card or online payment via our secure website, or scheduled bank wire, if applicable, within thirty (30) days of invoice from Reef Tropical

Additional Services – Any charges that are over and above the regular charges will be communicated prior to charging unless told otherwise. All options require that we keep pay method on file. Please see our policy regarding delinquent Accounts. Should you require additional billing options, contact our Finance Department at (305) 367-2005 or email billing@poolcenturion.com

1

Creating Meaningful Memories, One Drop at A Time

TERMS AND CONDITIONS - POOL MAINTENANCE
County Guidelines & Requirements ~ Health Department

Mandated Pool Closures: Fecal accidents are a concern and an inconvenience to bathers. Should fecal matter, vomit, or deceased animal matter be reported in the Pool, the Reef Tropical, Inc technicians will follow Health Department guidelines for mandatory Pool closure and water treatment. Pool closures allow the chemicals to do their job— to kill harmful bacteria and help prevent Recreational Water Illnesses (RWIs). Understanding that Pool closure is necessary for proper disinfection and protection of the health and safety of swimmers will promote bather support. For more detail on required closure times and guidelines, please. contact our offices directly. “POOL CLOSED” signs will be posted on all pool gates to alert the residents of any Pool closures. The gates will remain unlocked during this time as Fire & Rescue, Police and other officials must have access 24 hours a day to respond to any accident or emergency call. These officials cannot have restricted access.

Additional Service Policy: Repairs/filter cleanings/special water treatments under $150 will be performed without prior notification. Any charges that are over $150 will be communicated prior to performance, unless told otherwise.
Automatic Renewal Policy: This agreement shall automatically renew, unless either party provides notice to the other of its intent to terminate or alter this agreement. Notice should be communicated thirty (30) days prior to original agreement date. (i.e. If original agreement date is June 1, 2023, then the alteration request is due May 1, 2023).
Cancellation Policy: Customer reserves the right to cancel service at any time, with a 30-day notice. Any payments made in advance, i.e. annual payments, would be refunded accordingly. Upon cancellation, a final statement will be sent to the client for review, and should there be any pending balance, payment will be due immediately upon receipt.
Payment: We have 3 options for payment methods: check, e-check or credit card. We require a payment method on file in order to commence work. (Payments Terms: Due Upon Receipt). Provide the direct email to send all invoices for payment processing.
Delinquent Accounts: Reef Tropical reserves the right to initiate collection procedures if the customer’s account is 90-day past due. Reef Tropical will attempt to collect past due by first calling the customer and then sending an e-mail to the customer. Customer shall be responsible to pay interest at the rate of 1½ % per month (18% per annum) on any unpaid amount and to pay all costs and expenses, including but not limited to reasonable attorney’s fees and costs, incurred by
2

Creating Meaningful Memories, One Drop at A Time

Contractor in collecting any outstanding amount due under this Agreement, or enforcing its rights hereunder, with or without suit. Proper venue for any litigation stemming from this Agreement will be a court of competent jurisdiction in Miami-Dade County, Florida. Reef Tropical will set the payment schedule and submit to client for approval. Without adherence to the payment schedule, Reef Tropical reserves the right to stop work. Non or late payment will affect the completion anytime and schedule. The customer will continue to receive phone calls and emails from Finance Department. If the account continues to be delinquent for 120 days, the customer will then receive a final notification from our Finance Department stating that the payment method on file will be charged the balance due with incurred late fee accrued and a cancellation of service will ensue. This is the last option and we have hardly ever had to do this.
Disclaimer: Reef Tropical will not be responsible for any damage to property due to acts of nature, fire, vandalism, misuse or abuse. Reef Tropical is not responsible for the performance of any chemicals it does not sell. Customer should be aware of normal deterioration of equipment that occurs over time due to exposure to chemicals and/or sunlight. Due to these factors, Reef Tropical recommends other annual services (e.g., annual tune-up equipment, filter cleaning) above normal maintenance. The customer is responsible for maintaining the correct water level and keeping trees and plants trimmed away from the pool/spa and equipment and maintaining equipment by authorizing annual service to equipment. Reef Tropical is not responsible for any damages or deterioration caused by failure of Customer to perform other services recommended by Reef Tropical or by failure of Customer to properly maintain pool and equipment between visits. If you have any complaints or concerns regarding frequency or completeness of service, you must call Reef Tropical at 305-367-2005 within 24 hours after the service occurs or was scheduled to have occurred.
Insurance: The contractor shall carry standard form workers compensation and general liability insurance and Customer agrees to look only to Contractor’s insurance relative to any claim arising from Contractor’s performance hereunder.
***Please advise if a Certificate of Insurance is required and how the certificate holder should read.
Working Conditions. Customer is responsible for advising Contractor in writing prior to commencement of the work of the location of any life safety systems, utilities, as well as objects or structures which could be damaged by Contractor’s personnel, machinery, materials or vehicles.
Customer is responsible for providing ingress and egress to the work site. Contractor's employees shall not be required to work in hazardous, improper, or unreasonable conditions, and the Customer agrees to address these conditions to Contractor’s satisfaction as well as cooperate with Contractor to provide a safe and proper working environment and to not interfere with the progress of the work.

3

Creating Meaningful Memories, One Drop at A Time

Chemical Damage: Chemicals to treat water features are corrosive and can damage expensive wood floors, carpet and surrounding areas. Even plain water left spilling over can be damaging to floors, carpet and drywall and the areas below the water feature. REEF TROPICALPOOLS cannot be held responsible for damage to floors, carpet or surrounding areas.
Reef Tropical recommends: 1. Redesign or renovate for a plan for water overflow (drain) and chemical minor drips or spills (improved access, mats, or special carpets), 2. Service water feature ‘in house’, we can support you and provide monthly chemical checks and mechanical support and preventive maintenance on equipment. The risk is still there (or maybe greater). 3. *Recommended* Continue as is with us holding us harmless when that mistake inevitably happens.
Completion and Acceptance: Customer shall immediately inspect the work performed by Contractor and any aspect of the work not acceptable to Customer must be specifically noticed in writing to Contractor within 5 days of Contractor’s performance of its work. Contractor shall then be given a reasonable opportunity to address such issue. A full and complete acceptance of the work shall be presumed upon the Customer making payment.
Jurisdiction Venue: This agreement is enforceable in all Florida Counties

4

Cutler Cay Community Development District

Financial Report For January 2024

CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT MONTHLY FINANCIAL REPORT
JANUARY 2024

REVENUES	
Annual Budget
10/1/23 - 9/30/24	

Actual Jan-24	Year To Date Actual
10/1/23 - 1/31/24	
Administrative Assessments	102,056	3,661	87,106	
Maintenance Assessments	742,571	26,615	633,254	
Debt Assessments - 2014 Refunding	773,141	27,711	659,325	
Loan Assessments - Restoration Project	149,389	5,352	127,344	
Other Revenue	0	0	0	
Interest Income	600	0	8,971	
Total Revenues	$	1,767,757	$	63,339	$	1,516,000	
				
ADMINISTRATIVE EXPENDITURES				
Supervisor Fees	6,000	1,000	2,000	
Payroll Taxes (Employer)	480	77	153	
Management	32,388	2,699	10,796	
Secretarial	4,200	350	1,400	
Legal	15,000	4,123	10,623	
Assessment Roll	7,500	0	0	
Audit Fees	3,500	0	0	
Arbitrage Rebate Fee	650	0	0	
Insurance	15,000	0	13,272	
Legal Advertisements	750	0	108	
Miscellaneous	2,750	323	1,162	
Postage	700	347	582	
Office Supplies	1,400	294	516	
Dues & Subscriptions	175	0	175	
Trustee Fee	4,200	0	0	
Continuing Disclosure Fee	350	0	0	
Website Management	2,000	167	668	
TOTAL ADMINISTRATIVE EXPENDITURES	$	97,043	$	9,380	$	41,455	
				
TOTAL MAINTENANCE EXPENDITURES (Details On Page 2)	$	842,155	$	51,025	$	201,390	
				
Total Expenditures	$	939,198	$	60,405	$	242,845	
				
Revenues Less Expenditures	$	828,559	$	2,934	$	1,273,155	
				
2014 Bond Refinancing Payments	(726,753)	(26,611)	(626,898)	
				
Balance	$	101,806	$	(23,677)	$	646,257	
				
County Appraiser & Tax Collector Fee	(33,935)	(614)	(14,474)	
Discounts For Early Payments	(67,871)	(1,900)	(59,646)	
				
Excess/ (Shortfall)	$	-	$	(26,191)	$	572,137	
				
Carryover From Prior Year	0	0	0	
				
Net Excess/ (Shortfall)	$	-	$	(26,191)	$	572,137	

Bank Balance As Of 1/31/24	$	1,876,810.80	
Accounts Payable As Of 1/31/24	$	163,478.63	
Accounts Receivable As Of 1/31/24	$	1,200.00	
Security Deposit As Of 1/31/24	$	100.00	
Reserve For Project Loan Payment As Of 1/31/24	$	121,080.91	
Reserve For Roads Maintenance As Of 1/31/24	$	195,000.00	
Reserve For Stormwater Drainage As Of 1/31/24	$	85,500.00	
Reserve For Pipe Repairs Project As Of 1/31/24	$	170,000.00	
Reserve For Lake Bank Erosion Project As Of 1/31/24	$	150,504.00	
Available Funds As Of 1/31/24	$	992,547.26	

Note:
Reserve For Lake Bank Erosion Project As Of 10-1-23 Was $278,738.

CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT MONTHLY FINANCIAL REPORT - MAINTENANCE JANUARY 2024

MAINTENANCE EXPENDITURES	

Annual Budget
10/1/23 - 9/30/24	

Actual Jan-24	
Year To Date Actual
10/1/23 - 1/31/24	

Contingency/Reserve	
279,730	
0	
0	

Lakes Maintenance	
12,000	
619	
2,476	

Roads Maintenance/Reserve	
50,000	
0	
3,900	

Stormwater Drainage/Reserve	
28,000	
2,500	
2,500	

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

Field Operations	
12,000	
1,000	
4,000	

Walls & Wall Fountain Maintenance	
30,000	
0	
7,625	

Sidewalk Maintenance/Repairs	
15,000	
0	
8,024	

Engineering/Inspections	
45,000	
945	
4,236	

Street Signage	
5,000	
0	
0	

Lake Fountain Maintenance	
15,000	
0	
150	

Entry Features Maintenance	
15,000	
0	
1,950	

Guardhouse Exterior Maintenance	
10,000	
0	
0	

Water & Sewage	
5,000	
23	
23	

FPL - Street Lighting Project	
0	
0	
0	

FPL - Electrical Utility	
35,000	
9,129	
38,272	

DERM Stormwater Drainage System Improvement Project	
0	
0	
0	

Retention Wall Maintenance	
45,000	
0	
0	

Lake Bank Erosion Restoration Project	
0	
36,809	
128,234	

Lake Bank Erosion Restoration Project (Loan Payment)	
140,425	
0	
0	

TOTAL MAINTENANCE EXPENDITURES	
$	842,155	
$	51,025	
$	201,390	

Cutler Cay Community Development District
Budget vs. Actual
October through January 2024

Oct - Jan 24	23/24 Budget	$ Over Budget	% of Budget
	 	
Ordinary Income/Expense Income
363.811 ꞏ Loan Assessments	127,344.00		149,389.00		-22,045.00		85.24%	
363.100 ꞏ Administrative Assessments	87,106.16		102,056.00		-14,949.84		85.35%	
363.101 ꞏ Maintenance Assessments	633,253.63		742,571.00		-109,317.37		85.28%	
363.810 ꞏ Debt Assessments	659,325.30		773,141.00		-113,815.70		85.28%	
363.820 ꞏ Debt Assessment - Pd To Trustee	-626,897.75		-726,753.00		99,855.25		86.26%	
363.830 ꞏ Cty Appraiser & Tax Coll Fee	-14,473.82		-33,935.00		19,461.18		42.65%	
363.831 ꞏ Discounts For Early Payments	-59,646.57		-67,871.00		8,224.43		87.88%	
369.401 ꞏ Interest Income	8,970.52		600.00		8,370.52		1,495.09%	
Total Income	814,981.47		939,198.00		-124,216.53		86.77%	
Expense								
512.825 ꞏ Retention Wall Repairs	0.00		45,000.00		-45,000.00		0.0%	
512.823 ꞏ Lake Bank Erosion Rest Project	128,233.87		0.00		128,233.87		100.0%	
512.826 ꞏ Lake Bank Erosion Rest Prj - Loan Payment	0.00		140,425.00		-140,425.00		0.0%	
511.758 ꞏ FPL - Electrical	38,272.32		35,000.00		3,272.32		109.35%	
511.756 ꞏ Water & Sewage	23.21		5,000.00		-4,976.79		0.46%	
511.754 ꞏ Guardhouse Exterior Maintenance	0.00		10,000.00		-10,000.00		0.0%	
511.753 ꞏ Entry Feature Maintenance	1,950.00		15,000.00		-13,050.00		13.0%	
511.752 ꞏ Fountain Maintenance	150.00		15,000.00		-14,850.00		1.0%	
511.751 ꞏ Street Signage	0.00		5,000.00		-5,000.00		0.0%	
511.308 ꞏ Stormwter Drainage Pipe Project	0.00		100,000.00		-100,000.00		0.0%	
511.307 ꞏ Sidewalk Maint/ Repairs	8,024.14		15,000.00		-6,975.86		53.49%	
511.122 ꞏ Payroll tax expenses	153.00		480.00		-327.00		31.88%	
511.131 ꞏ Supervisor Fee	2,000.00		6,000.00		-4,000.00		33.33%	
511.301 ꞏ Lakes Maintenance	2,476.00		12,000.00		-9,524.00		20.63%	
511.302 ꞏ Roads Maintenance/Reserve	3,900.00		50,000.00		-46,100.00		7.8%	
511.303 ꞏ Stormwater Drainage/Reserve	2,500.00		28,000.00		-25,500.00		8.93%	
511.304 ꞏ Field Operations	4,000.00		12,000.00		-8,000.00		33.33%	
511.305 ꞏ Contingency/Reserve	0.00		279,730.00		-279,730.00		0.0%	
511.306 ꞏ Walls-Wall Fountain Maintenance	7,625.00		30,000.00		-22,375.00		25.42%	
511.310 ꞏ Engineering/Inspections	4,236.25		45,000.00		-40,763.75		9.41%	
511.311 ꞏ Management Fees	10,796.00		32,388.00		-21,592.00		33.33%	
511.312 ꞏ Secretarial Fees	1,400.00		4,200.00		-2,800.00		33.33%	
511.315 ꞏ Legal Fees	10,622.50		15,000.00		-4,377.50		70.82%	
511.318 ꞏ Assessment/Tax Roll	0.00		7,500.00		-7,500.00		0.0%	
511.320 ꞏ Audit Fees	0.00		3,500.00		-3,500.00		0.0%	
511.330 ꞏ Arbitrage Rebate Fee	0.00		650.00		-650.00		0.0%	
511.450 ꞏ Insurance	13,272.00		15,000.00		-1,728.00		88.48%	
511.480 ꞏ Legal Advertisements	107.88		750.00		-642.12		14.38%	
511.512 ꞏ Miscellaneous	1,162.33		2,750.00		-1,587.67		42.27%	
511.513 ꞏ Postage and Delivery	582.46		700.00		-117.54		83.21%	
511.514 ꞏ Office Supplies	516.10		1,400.00		-883.90		36.86%	
511.540 ꞏ Dues, License & Subscriptions	175.00		175.00		0.00		100.0%	
511.733 ꞏ Trustee Fees	0.00		4,200.00		-4,200.00		0.0%	
511.734 ꞏ Continuing Disclosure Fee	0.00		350.00		-350.00		0.0%	
511.750 ꞏ Website Management	666.64		2,000.00		-1,333.36		33.33%	
Total Expense	242,844.70		939,198.00		-696,353.30		25.86%	
Net Ordinary Income	572,136.77		0.00		572,136.77		100.0%	
Net Income	572,136.77		0.00		572,136.77		100.0%	

CUTLER CAY CDD TAX COLLECTIONS 2023-2024

#	

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 - Loan Assessment Income (Before Discounts & Fees)	Debt - Bond Assessment Income (Before Discounts & Fees)	Admin Assessment Income (After Discounts & Fees)	Maint Assessment Income (After Discounts & Fees)	Debt - Loan Assessment Income (After Discounts & Fees)	Debt - Bond Assessment Income (After Discounts & Fees)	

Debt - Loan Assessment Paid to Trustee	

Debt - Bond Assessment Paid to Trustee	
									$	1,767,157	$	102,056	$	742,571	$	149,389	$	773,141	$  102,056	$  742,571	$  149,389	$	773,141			
									$	1,662,238	$	97,043	$	698,017	$	140,425	$	726,753	$	97,043	$  698,017	$  140,425	$	726,753	$	140,425	$	726,753	
1	1	Miami-Dade Tax Collector	11/20/23	NAV Taxes	$	153,059.24		$  (1,466.88)	$  (6,370.54)	$  145,221.82	$  8,846.74	$	64,315.50	$	12,933.55	$  66,963.45	$ 20,665.02	$ 61,022.20	$	-	$  63,534.60		$  63,534.60	
2	2	Miami-Dade Tax Collector	11/24/23	NAV Taxes	$	169,208.25		$  (1,624.41)	$  (6,768.30)	$  160,815.54	$  9,780.20	$	71,101.30	$	14,298.10	$  74,028.65	$ 22,883.94	$ 67,574.70	$	-	$  70,356.90		$  70,356.90	
3	3	Miami-Dade Tax Collector	12/08/23	NAV Taxes	$	1,093,866.46		$  (10,501.12)	$ (43,754.41)	$ 1,039,610.93	$  63,225.47	$  459,642.69	$	92,431.72	$ 478,566.58	$ 147,936.62	$ 436,844.52	$	-	$ 454,829.79		$ 454,829.79	
4	4	Miami-Dade Tax Collector	12/27/23	NAV Taxes	$	27,556.62		$	(267.04)	$	(853.15)	$	26,436.43	$  1,592.78	$	11,579.29	$	2,328.53	$  12,056.02	$  3,761.90	$ 11,108.59	$	-	$  11,565.94		$  11,565.94	
5	5	Miami-Dade Tax Collector	01/09/24	NAV Taxes	$	63,338.52		$	(614.37)	$  (1,900.17)	$	60,823.98	$  3,660.97	$	26,614.85	$	5,352.10	$  27,710.60	$  8,655.21	$ 25,558.25	$	-	$  26,610.52		$  26,610.52	
6									$	-										$	-	
7									$	-										$	-	
8									$	-										$	-	
9									$	-										$	-	
10									$	-										$	-	
11									$	-										$	-	
12									$	-										$	-	
13									$	-										$	-	
14									$	-										$	-	
15									$	-										$	-	
16									$	-										$	-	
17									$	-											
18									$	-											
					$	1,507,029.09	$	-	$  (14,473.82)	$ (59,646.57)	$ 1,432,908.70	$  87,106.16	$  633,253.63	$  127,344.00	$ 659,325.30	$ 203,902.69	$ 602,108.26	$	-	$ 626,897.75	$	-	$ 626,897.75	

 Total Roll = $1,767,170.49 		Note: $1,767,157, $102,056, $742,571, $149,389 and $773,141 are 2023/2024 Budgeted
assessments before discounts and fees.	
Admin:	$102,060.50	Note: $1,662,238, $97,043, $698,017, $140,425 and $726,753 are 2023/2024 Budgeted	
Maint:	$742,577.25	assessments after discounts and fees.	
Debt-Project Loan:	$149,389.10		
Debt-Bond:	$773,143.64		
Total	$1,767,170.49	$ 1,507,029.09	
$	-	$ 1,432,908.70	
$  (87,106.16)	$  (203,902.69)	
$ (760,597.63)	$  (602,108.26)	
$ (659,325.30)	$  (626,897.75)	
$	-	$	-	

MEMORANDUM
TO:	District Manager

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

DATE:	January 19, 2024

RE:	Required Ethics Training and Financial Disclosure

Ethics Training

This memorandum serves as a reminder that beginning January 1, 2024, elected and appointed commissioners of community redevelopment agencies and local officers of independent special districts are required to complete four (4) hours of ethics training annually. The training must address, at a minimum, s. 8, Art. II of the Florida Constitution (ethics for public officers and financial disclosure), the Code of Ethics for Public Officers and Employees, and the Florida Public Records Law and Open Meetings laws.

Deadlines & Recordkeeping

The deadline to complete training for this calendar year is December 31, 2024. There is no requirement to submit proof that you have completed the training. However, the Florida Commission on Ethics recommends that Supervisors maintain a record of all completed trainings, including the date and time of completion. This documentation may be useful if Supervisors are ever required to provide evidence of training completion. The training is a calendar year requirement and corresponds to the form year. Therefore, Supervisors will report their 2024 training when filling out their Form 1 for the 2025 year.

Links to Online Training

Public Meetings and Public Records Law (2-Hour Audio Presentation). This presentation is audio only and is offered by the Office of the Attorney General. This presentation covers public records and Florida public records law. The presentation can be accessed for free. Completing this presentation will satisfy 2 of the 4 hours of required ethics training.

State Ethics Laws for Constitutional Officers & Elected Municipal Officers. This training is presented by the Florida Commission on Ethics. The training is an overview of Florida’s Ethics Code (Part III, Chapter 112, and Article II, Section 8, Florida Constitution) geared toward Constitutional Officers and Elected Municipal Officers. Topics covered include gifts, voting conflict, misuse of office, prohibited business relationships, conflicting employment relationships, revolving door, and Amendment 12. This presentation can be accessed for free. Completing this training will satisfy 2 of the 4 hours of required ethics training.

State-Mandated Continuing Education in Ethics. This class is presented by the Florida League of Cities. The class covers Chapter 112 of Florida’s Ethics Code (2 Hours) and Florida Public Records and Public Meetings Law (2 Hours). To take this class, you must register for it, however there is no registration fee. Completing this class will meet your ethics training requirement.

“4-Hour Ethics Course”. The “4-Hour Ethics Course” is available online and presented by the Florida Institute of Government. There are three sessions. Session 1 covers Florida’s Public Records Laws (1 hour), session 2 covers Florida Government in the Sunshine Law (1 hour), and session 3 covers Florida’s Ethics Laws (2 hours). The registration fee is $79. Completing this entire course will meet your ethics training requirement.

Sunshine Law, Public Records and Ethics for Public Officers and Public Employees 2023. This seminar is offered by the Florida Bar. This seminar covers sunshine law and public records; true stories of excess corruption in the ethics world; navigating Florida public records law, privacy, ethics and social media; complaints, misuse, anti-nepotism and voting; ethics during and after public service: conflicting contractual relationships & revolving door restrictions; gifts bribes, honoraria, and expenditures. The cost for this seminar is $280. Completing this entire seminar will meet your ethics training requirement. Those Supervisors or Officers who are members of the Florida Bar may wish to purchase this option as Continuing Legal Education Credits can be earned.

We will notify you directly or through the District Manager’s office if and when other training opportunities become available.

Form 1 or Form 6

Section 8, Article II of the Florida Constitution requires constitutional officers and certain elected public officials to file a Form 6. In the last session, the legislature expanded the requirements to include elected members of municipalities. Independent special district officials remain exempt from the requirement to file a Form 6. Elected and appointed commissioners of community redevelopment agencies and local officers of independent special districts (including community development districts) are required to file Form 1.

For this year’s filing requirement, a completed Form 1 must be submitted prior to July 1, 2024 using the Electronic Filing System of the Florida Commission on Ethics, which can be accessed via the link at Login - Electronic Financial Disclosure Management System (floridaethics.gov). You will no longer be able to file your completed Form 1 through your local Supervisor of Elections office.

If you have any questions or need additional information about ethics training requirements or financial disclosure, please do not hesitate to contact our office.