FONTAINBLEAU LAKES COMMUNITY DEVELOPMENT DISTRICT

Transcription

1 FONTAINBLEAU LAKES COMMUNITY DEVELOPMENT DISTRICT MIAMI-DADE COUNTY REGULAR BOARD MEETING & PUBLIC HEARING JULY 18, :30 P.M. Special District Services, Inc Miami Lakes Drive, Suite 374 Miami Lakes, FL Telephone 877.SDS.4922 Toll Free Facsimile

2 AGENDA FONTAINBLEAU LAKES COMMUNITY DEVELOPMENT DISTRICT Las Ramblas Clubhouse Conference Room 9960 N.W. 10 th Terrace, Miami, Florida REGULAR BOARD MEETING & PUBLIC HEARING July 18, :30 p.m. A. Call to Order B. Proof of Publication Page 1 C. Establish Quorum D. Additions or Deletions to Agenda E. Comments from the Public for Items Not on the Agenda F. Approval of Minutes 1. April 18, 2016 Regular Board Meeting..Page 2 G. Public Hearing 1. Proof of Publication Page 8 2. Consider Resolution No Amending Resolution No Approving a Proposed Budget and Setting (Re-Setting) a Public Hearing Date Page 9 3. Receive Public Comments on Fiscal Year 2016/2017 Final Budget 4. Consider Resolution No Adopting a Fiscal Year 2016/2017 Final Budget.Page 10 H. Old Business 1. Discussion Regarding Traffic Analysis Study and Soft Gate Alternatives 2. Discussion Regarding No Parking Areas and Rules of Procedure to Adopt Parking Rules 3. Discussion Regarding Fountain Installation Lake Tract Y (East of N.W. 99 th CT) 4. Staff Report as Required I. New Business 1. Consider Resolution No Adopting a Fiscal Year 2016/2017 Meeting Schedule.Page Qualified Elector Certification (131) Announcement Pursuant to Section , F.S...Page Consider Sanitary Sewer Lift Station Maintenance Agreement District/Pelco Las Ramblas and Las Sevillas..Page Consider Memorandums of Understanding Regarding Sanitary Sewer Lift Stations Page 35 J. Administrative & Operational Matters 1. Discussion Regarding Tract S Las Sevillas - Resident Concerns 2. Statement of Financial Interests Disclosure Form 1 Filing Deadline: July 1, Financial Risk Management Policy Review/Update Fiscal Year 2015/2016..Page 47 K. Board Member & Staff Closing Comments L. Adjourn

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4 FONTAINBLEAU LAKES COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING APRIL 18, 2016 A. CALL TO ORDER District Manager Neil Kalin called the April 18, 2016, Regular Board Meeting of the Fontainbleau Lakes Community Development District to order at 6:40 p.m. in the Las Ramblas Clubhouse Conference Room located at 9960 NW 10 th Terrace, Miami, Florida B. PROOF OF PUBLICATION Mr. Kalin presented proof of publication that notice of the Regular Board Meeting had been published in the Miami Daily Business Review on October 9, 2015, as part of the District s REVISED Fiscal Year 2014/2015 and Fiscal Year 2015/2016 Regular Meeting Schedule, as legally required. C. ESTABLISH A QUORUM Mr. Kalin determined that the attendance of Vice Chairman Lorenzo Bergamo and Supervisors Andres Panesso and Jacinto Rodriguez constituted a quorum and it was in order to proceed with the meeting. Staff in attendance were: District Managers Neil Kalin and Armando Silva of Special District Services, Inc.; and General Counsel Ginger Wald of Billing, Cochran, Lyles, Mauro & Ramsey, P.A. Also present were: Jon Kessler, FMSBonds, Inc., North Miami, Florida; Yadira Ruiz, Ernesto Cuesta & Maycol Vindell of KW Management Inc., Miami, Florida; Manny Quizá of PSI Security Services, Miami, Florida; Ileana Quiles, Miami, Florida; Nelida Otero, Miami, Florida; Ivonne Quintero, Miami, Florida; Maribeida Hernandez, Miami, Florida; Leonardo Silva, Miami, Florida; Yvette Bergamo, Miami, Florida; and Uma Swamy, Miami, Florida. D. ADDITIONS OR DELETIONS TO THE AGENDA There were no additions or deletions to the agenda. E. COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA There were no comments from the public for items not on the agenda. F. APPROVAL OF MINUTES 1. February 22, 2016, Regular Board Meeting Mr. Kalin presented the minutes of the February 22, 2016, Regular Board Meeting and asked if there were any changes/corrections. There being no changes, a motion was made Page 2

5 FONTAINBLEAU LAKES COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING APRIL 18, 2016 by Mr. Rodriguez, seconded by Mr. Panesso and passed unanimously to approve the minutes of the February 22, 2016, Regular Board Meeting, as presented. G. OLD BUSINESS 1. Las Ramblas Subdivision Traffic Study/Analysis Report by Caltran Engineering Group, Inc. Due to not having all Board Members in attendance, this item was deferred and will be presented at the next meeting. Related to the above item, Mr. Rodriguez stated that vehicular tailgating continues to be an issue at the entrance to the Las Ramblas community through NW 9 th Terrace. Mr. Rodriguez elaborated by indicating that the Fontainbleau Lakes Community Development District (the District ) should look into gathering cost estimates for installing a barrier arm gate at the aforementioned entrance. A barrier arm gate would only allow one vehicle at a time to enter the community, unlike the current swing gate, which stays open long enough for multiple vehicles to pass through. Furthermore, Mr. Bergamo stated that the District should look into gathering cost estimates for the implementation of a vehicle barcode scanner that would automatically open the proposed barrier arm gate for residents of the community. A discussion ensued after which the Board requested that the District Manager gather estimates regarding the cost of installing a barrier arm gate and a vehicle barcode scanner at the NW 9 th Terrace entrance of Las Ramblas. Mr. Kalin acknowledged the request and stated that he would have District field staff ( Field Staff ) obtain the requested information to present during the next meeting. 2. Discussion Regarding Traffic Calming Devices and Other Alternatives for Las Ramblas Mr. Kalin advised that information regarding alternative traffic calming devices and the minimum uniform traffic standards for the proximity of placement of traffic calming devices to one another had been obtained. Due to the width of the streets within Las Ramblas, the alternative traffic calming devices that were provided are not applicable, as they call for extreme alterations to the existing street rights-of-way. Furthermore, there are no definitive guidelines for the proximity of placement of traffic calming devices to one another pursuant to the Florida Department of Transportation. It was noted that Miami- Dade County had recently approved the installation of traffic calming devices within a proximity of two hundred and fifty (250) feet. A discussion ensued after which the Board consensus was that no further action be required on this matter at this time. 3. Staff Report, as Required There was no Staff Report at this time. H. NEW BUSINESS Page 3

6 FONTAINBLEAU LAKES COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING APRIL 18, Discussion Regarding Refunding/Refinancing Potential of Special Assessment Series 2007A Bonds Presentation by FMS Bonds, Inc. This item was discussed prior to Item G-1 Mr. Kalin introduced Mr. Jon Kessler, municipal bond consultant of FMSbonds, Inc., who was in attendance to review the potential for refinancing the Series 2007A Bonds. Mr. Kessler provided a handout containing information that outlined the refinancing opportunity. The District issued $7,480,000 in Series 2007A Bonds at 6.00 % interest. There are currently approximately $6,710,000 of outstanding Bonds and based upon today s market conditions, the Bonds could be refinanced at rates between approximately 3.75% and 4.00%. The savings passed onto the District (taking into account all refinancing costs/fees) would be approximately 17% (per unit per year). Although the 2007A Bonds are not callable until May 2017, the District could decide to initiate the refunding at this time to take advantage of the current low rates and to hedge against interest rate increases over the next twelve (12) months. Refunding now would create certain premium expenses that would be rolled into the net savings. The potential savings could be used two (2) different ways: 1) accumulate savings and pay down debt principal; 2) pass on savings or a portion of savings directly to property owners. Should the District wait until 2017, there would be no premium payment required. At this time Mr. Kessler recommended that the Board of Supervisors authorize him to proceed to obtain a community rating (required for refunding/refinancing existing bonds) to establish the bond interest rate; and that the community rating would be at no cost to the District. A discussion ensued after which the following motion was made: A motion was made by Mr. Bergamo, seconded by Mr. Rodriguez and unanimously passed authorizing Mr. Kessler to proceed with obtaining a Community Rating in order to establish refunding interest rate parameters and further authorizes District Staff to provide financial information, as required, in order to assist in the Community Rating. Mr. Kessler then thanked the Board Members and staff for their time and excused himself from the meeting. 2. Consider Resolution No Adopting a Fiscal Year 2016/2017 Proposed Budget Mr. Kalin presented Resolution No , entitled: RESOLUTION NO A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE FONTAINBLEAU LAKES COMMUNITY DEVELOPMENT DISTRICT APPROVING A PROPOSED BUDGET AND NON-AD VALOREM SPECIAL ASSESSMENTS FOR FISCAL YEAR 2016/2017; AND PROVIDING AN EFFECTIVE DATE. Page 4

7 FONTAINBLEAU LAKES COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING APRIL 18, 2016 Mr. Kalin read the title of the resolution into the record and noted that the proposed 2016/2017 fiscal year budget had been balanced with an estimated carryover of $57,505 from the projected fund balance as of September 30, Mr. Kalin reviewed the proposed budget line items and advised that since the overall proposed assessments were not increasing in the fiscal year 2016/2017, letters to residents would not be required. A discussion ensued after which the Board recommended increasing the carryover to $70,000 and that the difference ($12,495) would be added to the Maintenance Contingency line item. Mr. Kalin stated he would make the requested revisions to be presented at the budget public hearing, at which time the line item for the expenditure will be finalized In addition, Mr. Kalin stated, as part of Resolution No , the Board must set a date for the public hearing to adopt the 2016/2017 fiscal year final budget and assessments. A discussion ensued after which the following motion was made: A motion was made by Mr. Rodriguez, seconded by Mr. Panesso and unanimously passed to approve and adopt Resolution No , as amended, by increasing the carryover on the proposed 2016/2017 fiscal year budget to $70,000 and thus increasing the line item designated as Maintenance Contingency by $12,495; thereby setting the public hearing, to adopt the 2016/2017 fiscal year final budget and assessments for June 20, 2016, at 6:30 p.m. in the Las Ramblas Clubhouse Conference Room located at 9960 NW 10 th Terrace, Miami, Florida 33172; and authorizes publication of the budget public hearing, as required by law. 3. Other New Business, as Required There was no Other New Business. I. ADMINISTRATIVE & OPERATIONAL MATTERS Mr. Kalin stated that the street lights were now functioning near the entrance of Las Ramblas at the intersection of NW 9 th Terrace and NW 98 th Avenue. Mr. Rodriguez confirmed that the street lights were working at the aforementioned intersection, however, there seems to be an opening (barricaded) in the asphalt that remains open in this intersection area. Mr. Kalin stated that the area remains open because AT&T needs to repair a broken cable. The repair of the broken cable is expected to take place within a week, after which the opening will immediately be filled. 1. Discussion Regarding the Potential for Installation of a Fountain in Lake Tract Y, East of NW 99 th Court This item was deferred. 2. Discussion Regarding District Parking Rules and Procedures to Adopt a District Policy on Parking Rules for District Property Page 5

8 FONTAINBLEAU LAKES COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING APRIL 18, 2016 This item was deferred. 3. Discussion Regarding Security in Las Sevillas Portable Guardhouse & Posting of Signage Related to Surveillance Mr. Quiza of PSI Security Services stated that PSI Security Services has been contracted by the Fontainbleau Lakes Courtyard West Condominium Association, Inc. (the Association ) to provide security services in Las Sevillas. As a result, the Association has requested that PSI Security Services install a portable guardhouse on the median in front of the entrance swing gate located along NW 99 th Avenue. Mr. Maycol Vindell (Property Manager of Las Sevillas) added that the Association is requesting permission from the District Board of Supervisors to have the portable guardhouse installed on District property. A discussion ensued after which the Board had no objections in concept to the request, however, prior to making any final decision, they requested that the Association or PSI Security Services provide the District with conceptual plans regarding the location and appearance/particulars of the portable guardhouse. 4. Discussion Regarding Installation of BBQ Grills on Tract P This item was deferred. J. BOARD MEMBER & STAFF CLOSING COMMENTS Mr. Cuesta requested an update on the status of the Maintenance Agreements (Sanitary Sewer Lift stations and related sanitary sewer lines) between the District and the Fontainebleau Lakes Single Family Homes Homeowners Association; and between the District and the Fontainbleau Lakes Courtyard West Condominium Association, Inc. Mr. Kalin stated that the Maintenance Agreements have been forwarded to the respective property managers for their review and comments. It was noted that the next Board meeting would be held on June 20, K. ADJOURNMENT There being no further business to come before the Board, a motion was made by Mr. Bergamo, seconded by Mr. Panesso and passed unanimously to adjourn the Regular Board Meeting at 8:13 p.m. Page 6

9 FONTAINBLEAU LAKES COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING APRIL 18, 2016 Secretary/Assistant Secretary Chairperson/Vice Chairperson Page 7

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11 RESOLUTION NO A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE FONTAINBLEAU LAKES COMMUNITY DEVELOPMENT DISTRICT REGARDING THE PROPOSED BUDGET FOR FISCAL YEAR 2016/2017; PROVIDING FOR AMENDING RESOLUTION NO WHICH APPROVED THE PROPOSED BUDGET AND NON-AD VALOREM SPECIAL ASSESSMENTS; AND AUTHORIZED THE SETTING OF THE PUBLIC HEARING DATE FOR PUBLIC COMMENT AND FINAL BUDGET ADOPTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of Supervisors ( Board ) of the Fontainbleau Lakes Community Development District ( District ) is required by Section (2)(a), Florida Statutes, to approve a proposed Budget for each fiscal year; and, WHEREAS, the Proposed Budget including the Assessments for Fiscal Year 2016/2017 was prepared and considered by the Board; and was approved by the Board on April 18, 2016; and, WHEREAS, the original Public Hearing Date scheduled for June 20, 2016 now requires to be changed in order to establish and have a quorum of the Board to conduct the business of the District; and notice of the rescheduled Public Hearing shall be advertised, as legally required. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE FONTAINBLEAU LAKES COMMUNITY DEVELOPMENT DISTRICT, THAT: Section 1. Resolution No is hereby amended; and the rescheduled Public Hearing date has been advertised, as legally required. Section 2. A Public Hearing is hereby scheduled for July 18, 2016 at 6:30 p.m. in the Las Ramblas Clubhouse Conference Room located at 9960 N.W. 10 th Terrace, Miami, Florida 33172, for the purpose of receiving public comments on the Proposed Fiscal Year 2016/2017 Budget. PASSED, ADOPTED and EFFECTIVE this 18 th day of July, ATTEST: FONTAINBLEAU LAKES COMMUNITY DEVELOPMENT DISTRICT By: Secretary/Assistant Secretary By: Chairperson/Vice Chairperson Page 9

12 RESOLUTION NO A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE FONTAINBLEAU LAKES COMMUNITY DEVELOPMENT DISTRICT APPROVING AND ADOPTING A FISCAL YEAR 2016/2017 FINAL BUDGET INCLUDING NON-AD VALOREM SPECIAL ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Fontainbleau Lakes Community Development District ( District ) has prepared a Proposed Budget and Final Special Assessment Roll for Fiscal Year 2016/2017 and has held a duly advertised Public Hearing to receive public comments on the Proposed Budget and Final Special Assessment Roll; and, WHEREAS, following the Public Hearing and the adoption of the Proposed Budget and Final Assessment Roll, the District is now authorized to levy non-ad valorem assessments upon the properties within the District. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE FONTAINBLEAU LAKES COMMUNITY DEVELOPMENT DISTRICT, THAT: Section 1. The Final Budget and Final Special Assessment Roll for Fiscal Year 2016/2017 attached hereto as Exhibit A is approved and adopted, and the assessments set forth therein shall be levied. Section 2. The Secretary of the District is authorized to execute any and all necessary transmittals, certifications or other acknowledgements or writings, as necessary, to comply with the intent of this Resolution. PASSED, ADOPTED and EFFECTIVE this 18 th day of July, ATTEST: FONTAINBLEAU LAKES COMMUNITY DEVELOPMENT DISTRICT By: Secretary/Assistant Secretary By: Chairperson/Vice Chairperson Page 10

13 Fontainbleau Lakes Community Development District Final Budget For Fiscal Year 2016/2017 October 1, September 30, 2017 Page 11

14 CONTENTS I II III IV FINAL BUDGET DETAILED FINAL BUDGET DETAILED FINAL DEBT SERVICE FUND BUDGET ASSESSMENT COMPARISON Page 12

15 FINAL BUDGET FONTAINBLEAU LAKES COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2016/2017 OCTOBER 1, SEPTEMBER 30, 2017 FISCAL YEAR 2016/2017 REVENUES BUDGET Administrative Assessments 62,950 Maintenance Assessments 246,962 Debt Assessments (A) 574,043 Other Revenues 0 Interest Income 360 TOTAL REVENUES $ 884,315 EXPENDITURES MAINTENANCE EXPENDITURES Engineering/Annual Report/Inspections 3,000 Lake Tract Aquatic Maintenance (Includes Parcel 1) 11,000 Landscaping Service/Pest Control/Fertilizer 82,000 Mulch (Tree Rings & Shrubbery Beds) 8,750 Irrigation Systems (2) Maintenance 14,000 Tree & Shrubbery Replacement 7,200 Community Lighting Upkeep 15,000 FP&L - Power - Street Lighting 36,000 FP&L - Power - Irrigation Pump Stations (2) 4,800 Park Maintenance 7,800 Roadways & Street Maintenance 7,800 Fountain Maintenance (Tract A) 1,500 Miscellaneous Electrical Improvements 7,500 Entrance/Exit Gate Maintenance/Repairs - North 10,000 Electrical Outlets Maintenance - North 1,800 Traffic Calming Devices Maintenance 3,000 Miscellaneous Engineering Special Projects 6,000 Open Space Misc MTE - Tracts P,Q,W,X,Y,Z 4,800 Hurricane Preparedness/Miscellaneous 7,200 Lift Station (2) Maintenance 20,000 Miscellaneous Improvements/South 3,400 Maintenance Contingency 22,095 TOTAL MAINTENANCE EXPENDITURES $ 284,645 ADMINISTRATIVE EXPENDITURES Supervisor Fees 3,000 Payroll Taxes (Employer) 230 Management 25,128 Secretarial & Field Operations 5,200 Legal 14,000 Assessment Roll 10,000 Audit Fees 3,100 Arbitrage Rebate Fee 650 Insurance 7,200 Legal Advertisements 750 Miscellaneous 1,200 Postage 550 Office Supplies 850 Dues & Subscriptions 175 Trustee Fee 3,000 Continuing Disclosure Fee 500 Website Management 1,500 TOTAL ADMINISTRATIVE EXPENDITURES $ 77,033 TOTAL EXPENDITURES $ 361,678 REVENUES LESS EXPENDITURES $ 522,637 Bond Payments (A) (539,600) BALANCE $ (16,963) County Appraiser & Tax Collector Fee (17,679) Discounts For Early Payments (35,358) EXCESS/ (SHORTFALL) $ (70,000) Carryover From Prior Year 70,000 NET EXCESS/ (SHORTFALL) $ - 6/10/2016 5:23 PM I Page 13

16 DETAILED FINAL BUDGET FONTAINBLEAU LAKES COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2016/2017 OCTOBER 1, SEPTEMBER 30, 2017 FISCAL YEAR FISCAL YEAR FISCAL YEAR 2014/ / /2017 REVENUES ACTUAL BUDGET BUDGET COMMENTS Administrative Assessments 67,634 57,516 62,950 Expenditures Less Interest & 25% Of Carryover/.94 Maintenance Assessments 198, , ,962 Expenditures Less & 75% Of Carryover/.94 Debt Assessments (A) 575, , ,043 Bond Payments/.94 Other Revenues 9, Other Revenues - Electrical Outlet Cost Share - Las Ramblas 0 3,500 0 Line Item Eliminated Other Revenues - Electrical Outlet Cost Share - Las Sevillas 0 2,500 0 Line Item Eliminated Interest Income Interest Estimated At $30 Per Month TOTAL REVENUES $ 851,901 $ 890,146 $ 884,315 EXPENDITURES MAINTENANCE EXPENDITURES Engineering/Annual Report/Inspections 3,158 3,000 3,000 No Change From 2015/2016 Budget Lake Tract Aquatic Maintenance (Includes Parcel 1) 8,320 8,750 11,000 $2,250 Increase From 2015/2016 Budget Landscaping Service/Pest Control/Fertilizer 71,324 80,000 82,000 $2,000 Increase From 2015/2016 Budget Pest Control & Fertilizer 3,586 7,200 0 Now Included In Landscaping/Pest Control/Fertilizer Line Item Mulch (Tree Rings & Shrubbery Beds) 0 0 8,750 Mulch (Tree Rings & Shrubbery Beds) Irrigation Systems (2) Maintenance 9,576 14,000 14,000 No Change From 2015/2016 Budget Tree & Shrubbery Replacement 8,741 8,000 7,200 $800 Decrease From 2015/2016 Budget Community Lighting Upkeep 8,308 15,000 15,000 No Change From 2015/2016 Budget FP&L - Power - Street Lighting 30,308 36,000 36,000 No Change From 2015/2016 Budget FP&L - Power - Irrigation Pump Stations (2) 1,180 5,600 4,800 $800 Decrease From 2015/2016 Budget Park Maintenance 4,441 7,800 7,800 No Change From 2015/2016 Budget Roadways & Street Maintenance 450 6,000 7,800 $1,800 Increase From 2015/2016 Budget Fountain Maintenance (Tract A) 0 1,500 1,500 No Change From 2015/2016 Budget Miscellaneous Electrical Improvements 0 7,500 7,500 No Change From 2015/2016 Budget Entrance/Exit Gate Maintenance/Repairs - North 0 10,000 10,000 No Change From 2015/2016 Budget Engineering Traffic Study - Las Ramblas 0 7,500 0 Fiscal Year 2015/2016 Expenditure Electrical Outlets Maintenance - North 0 7,000 1,800 $5,200 Decrease From 2015/2016 Budget Electrical Outlets/Holiday Décor - Las Sevillas 0 5,000 0 Fiscal Year 2015/2016 Expenditure Traffic Calming Devices Maintenance 4,500 5,000 3,000 $2,000 Decrease From 2015/2016 Budget Miscellaneous Engineering Special Projects 0 0 6,000 Miscellaneous Engineering Special Projects Open Space Misc MTE - Tracts P,Q,W,X,Y,Z 0 0 4,800 Open Space Misc MTE - Tracts P,Q,W,X,Y,Z Hurricane Preparedness/Miscellaneous 0 0 7,200 Hurricane Preparedness/Miscellaneous Lift Station (2) Maintenance ,000 Lift Station (2) Maintenance Miscellaneous Improvements/South 0 0 3,400 Miscellaneous Improvements/South Maintenance Contingency 14,702 9,600 22,095 $12,495 Increase From 2015/2016 Budget TOTAL MAINTENANCE EXPENDITURES $ 168,594 $ 244,450 $ 284,645 ADMINISTRATIVE EXPENDITURES Supervisor Fees 200 3,000 3,000 Supervisor Fees Payroll Taxes (Employer) Supervisor Fees * 7.65% Management 24,768 24,960 25,128 CPI Adjustment Secretarial & Field Operations 4,200 5,200 5,200 No Change From 2015/2016 Budget Legal 14,497 12,000 14,000 $2,000 Increase From 2015/2016 Budget Assessment Roll 10,000 10,000 10,000 As Per Contract Audit Fees 4,500 4,600 3,100 Accepted Amount For 2015/2016 Audit Arbitrage Rebate Fee No Change From 2015/2016 Budget Insurance 5,923 7,200 7,200 Insurance Estimate Legal Advertisements No Change From 2015/2016 Budget Miscellaneous 1,125 1,200 1,200 No Change From 2015/2016 Budget Postage No Change From 2015/2016 Budget Office Supplies No Change From 2015/2016 Budget Dues & Subscriptions No Change From 2015/2016 Budget Trustee Fee 3,000 3,000 3,000 No Change From 2015/2016 Budget Continuing Disclosure Fee No Change From 2015/2016 Budget Website Management 0 1,500 1,500 No Change From 2015/2016 Budget TOTAL ADMINISTRATIVE EXPENDITURES $ 71,464 $ 76,365 $ 77,033 TOTAL EXPENDITURES $ 240,058 $ 320,815 $ 361,678 REVENUES LESS EXPENDITURES $ 611,843 $ 569,331 $ 522,637 Bond Payments (A) (551,500) (538,300) (539,600) 2017 P & I Payments Less Earned Interest BALANCE $ 60,343 $ 31,031 $ (16,963) County Appraiser & Tax Collector Fee (8,152) (17,677) (17,679) Two Percent Of Total Assessment Roll Discounts For Early Payments (26,488) (35,354) (35,358) Four Percent Of Total Assessment Roll EXCESS/ (SHORTFALL) $ 25,703 $ (22,000) $ (70,000) Carryover From Prior Year 0 22,000 70,000 Carryover From Prior Year NET EXCESS/ (SHORTFALL) $ 25,703 $ - $ - 6/10/2016 5:23 PM II Page 14

17 DETAILED FINAL DEBT SERVICE FUND BUDGET FONTAINBLEAU LAKES COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2016/2017 OCTOBER 1, SEPTEMBER 30, 2017 FISCAL YEAR FISCAL YEAR FISCAL YEAR 2014/ / /2017 REVENUES ACTUAL BUDGET BUDGET COMMENTS Interest Income (A) Projected Interest For 2016/2017 NAV Tax Collection (A Bonds) 551, , , P & I Payments Less Earned Interest Total Revenues $ 551,583 $ 538,400 $ 539,700 EXPENDITURES Principal Payments (A) 130, , ,000 Principal Payment Due In 2017 Interest Payments (A) 410, , ,700 Interest Payments Due In 2017 Total Expenditures $ 540,400 $ 538,400 $ 539,700 Excess/ (Shortfall) $ 11,183 $ - $ - Series 2007A Bond Information Original Par Amount = $7,480,000 Annual Principal Payments Due = May 1st Interest Rate = 6.00% Annual Interest Payments Due = May 1st & November 1st Issue Date = August 2007 Maturity Date = May 2038 Original Par Amount = $17,330,000 Interest Rate = 6.00% Issue Date = August 2007 Maturity Date = May 2015 Series 2007B Bond Information (Paid Off In January 2014) 6/10/2016 5:23 PM III Page 15

18 Fontainbleau Lakes Community Development District Assessment Comparison Fiscal Year Fiscal Year Fiscal Year Fiscal Year 2013/ / / /2017 Assessment Assessment Assessment Projected Assessment Before Discount* Before Discount* Before Discount* Before Discount* Administrative Assessment For Single Family $ $ $ $ Maintenance Assessment For Single Family $ $ $ $ Debt Assessment For Single Family $ 1, $ 1, $ 1, $ 1, Total $ 2, $ 2, $ 2, $ 2, Administrative Assessment For Townhomes $ $ $ $ Maintenance Assessment For Townhomes $ $ $ $ Debt Assessment For Townhomes $ 1, $ 1, $ 1, $ 1, Total $ 1, $ 1, $ 2, $ 2, Administrative Assessment For Courtyards $ $ $ $ Maintenance Assessment For Courtyards $ $ $ $ Debt Assessment For Courtyards $ 1, $ 1, $ 1, $ 1, Total $ 1, $ 1, $ 1, $ 1, * Assessments Include the Following : 4% Discount for Early Payments 1% County Tax Collector Fee 1% County Property Appraiser Fee Community Information: Single Family Units (Las Ramblas) 271 Townhomes (Las Ramblas) 36 Courtyards (Las Sevillas) 98 Total Units 405 6/10/2016 5:23 PM IV Page 16

19 RESOLUTION NO A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE FONTAINBLEAU LAKES COMMUNITY DEVELOPMENT DISTRICT, ESTABLISHING A REGULAR MEETING SCHEDULE FOR FISCAL YEAR 2016/2017 AND SETTING THE TIME AND LOCATION OF SAID DISTRICT MEETINGS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is necessary for the Fontainbleau Lakes Community Development District ("District") to establish a regular meeting schedule for fiscal year 2016/2017; and WHEREAS, the Board of Supervisors of the District has set a regular meeting schedule, location and time for District meetings for fiscal year 2016/2017 which is attached hereto and made a part hereof as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE FONTAINBLEAU LAKES COMMUNITY DEVELOPMENT DISTRICT, MIAMI-DADE COUNTY, FLORIDA, AS FOLLOWS: Section 1. The above recitals are hereby adopted. Section 2. The regular meeting schedule, time and location for meetings for fiscal year 2016/2017 which is attached hereto as Exhibit A is hereby adopted and authorized to be published. PASSED, ADOPTED and EFFECTIVE this 18 th day of July, ATTEST: FONTAINBLEAU LAKES COMMUNITY DEVELOPMENT DISTRICT By: Secretary/Assistant Secretary By: Chairperson/Vice Chairperson Page 17

20 FONTAINBLEAU LAKES COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2016/2017 REGULAR MEETING SCHEDULE NOTICE IS HEREBY GIVEN that the Board of Supervisors of the Fontainbleau Lakes Community Development District will hold Regular Meetings in the Las Ramblas Clubhouse Conference Room located at 9960 NW 10 th Terrace, Miami, Florida at 6:30 p.m. on the following dates: October 17, 2016 November 21, 2016 January 23, 2017 February 20, 2017 March 20, 2017 April 17, 2017 May 15, 2017 June 19, 2017 July 17, 2017 September 18, 2017 The purpose of the meetings is to conduct any business coming before the Board. Meetings are open to the public and will be conducted in accordance with the provisions of Florida law. Copies of the Agenda for any of the meetings may be obtained by contacting the District Manager at and/or toll free at five (5) days prior to the date of the particular meeting. From time to time one or two Supervisors may participate by telephone; therefore, a speaker telephone will be present at the meeting location so that the Supervisors may be fully informed of the discussions taking place. Said meeting(s) may be continued as found necessary to a time and place specified on the record. If any person decides to appeal any decision made with respect to any matter considered at these meetings, such person will need a record of the proceedings and such person may need to insure that a verbatim record of the proceedings is made at his or her own expense and which record includes the testimony and evidence on which the appeal is based. In accordance with the provisions of the Americans with Disabilities Act, any person requiring special accommodations or an interpreter to participate at any of these meetings should contact the District Manager at and/or toll free at at least seven (7) days prior to the date of the particular meeting. Meetings may be cancelled from time to time without advertised notice. FONTAINBLEAU LAKES COMMUNITY DEVELOPMENT DISTRICT PUBLISH: MIAMI DAILY BUSINESS REVIEW XX/XX/16 Page 18

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23 SANITARY SEWER LIFT STATION MAINTENANCE SERVICE AGREEMENT (North Lift Station - Tract V Las Ramblas) This Sanitary Sewer Lift Station Maintenance Agreement ( Agreement ) is made and entered into this day of, 2016 (the Effective Date ), by and between: FONTAINBLEAU LAKES COMMUNITY DEVELOPMENT DISTRICT, a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, being situated in Miami-Dade County, Florida, and whose mailing address is 2501A Burns Road, Palm Beach Gardens, Florida (hereinafter the District ); and POLLUTION ELIMINATION CORPORATION D/B/A PELCO, a Florida corporation, whose business address is 7780 SW 175 Street, Miami, Florida and whose mailing address is: S.W. 188 th Street, Miami, Florida (hereinafter the Service Contractor ). RECITALS WHEREAS, the District, pursuant to the responsibilities and authorities vested in it by Chapter 190, Florida Statutes, desires to proceed with the discharge of its duties, including but not limited to maintenance of, among other things, the sanitary sewer lift station located in Las Ramblas on Tract V, Fontainebleau West-North Plat, as recorded at Plat Book 169, Page 23 of the public records of Miami-Dade County, Florida, and related sanitary sewer improvements ( Improvements, as further defined herein below); and WHEREAS, the District has a need to retain an independent Service Contractor to provide sanitary sewer lift station maintenance services to the Improvements located on Tract V as identified on Exhibit A, attached hereto and made a part hereof ( Service Area ); and WHEREAS, the Service Contractor represents that it is qualified to serve as a sanitary sewer lift station maintenance Service Contractor and has agreed to provide the District those services identified in this Agreement, including, but not limited to, monthly site visits to check sanitary sewer lift station operation, check level controls, log the elapse time meters, log motor/pump amperage, perform annual corrosion prevention, assist with required annual reports, and provisions for special operations, breakdowns and emergencies (the Sanitary Sewer Lift Station Maintenance Services ), which are more particularly described in Exhibit B, attached hereto and made a part hereof. NOW, THEREFORE, in consideration of the recitals, agreements and mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, the parties agree as follows: Section 1. Recitals. The recitals stated herein are true and correct and by this reference are incorporated into and form a material part of this Agreement. 1 Page 21

24 Section 2. Duties and Manner of Services. A. The duties, obligations and responsibilities of Service Contractor are described in this Agreement and Exhibit B. B. Service Contractor shall provide Sanitary Sewer Lift Maintenance Services in strict compliance with all governmental entities and agencies permits, requirements, rules, acts, statutes, ordinances, order, regulations and restrictions, including but not limited to the following entities, if applicable the District, South Florida Water Management District, Florida Department of Environmental Protection, Miami-Dade County, Florida, and any other governmental authority with jurisdiction, either not or in the future. C. Service Contractor shall be solely responsible for the means, manner and methods by which its duties, obligations and responsibilities are met to the satisfaction of the District. D. Nothing in this Agreement shall be construed to obligate the District to purchase sanitary sewer lift station materials from Service Contractor or to require District to utilize Service Contractor to install sanitary sewer system improvements. E. The District Manager of the District or his designee shall act as the District Representative with respect to the Sanitary Sewer Lift Station Maintenance Services performed under this Agreement. The District Representative shall have complete authorization to transmit instructions, receive information, interpret and define the District s policies and decisions with respect to the materials, equipment, elements, and systems pertinent to the Sanitary Sewer Lift Station Maintenance Service performed by Service Contractor. F. Contractor shall use due care to protect the property of the District, its residents, and landowners from damage. Contractor agrees to repair any damage resulting from Contractor s activities and Work within twenty-four (24) hours. Section 3. Compensation. A. In exchange for providing the Sanitary Sewer Lift Station Maintenance Services in accordance with this Agreement as set forth more particularly in Exhibit B, Description of Maintenance Services, the District shall pay to Service Contractor ONE HUNDRED DOLLARS AND NO CENTS ($100.00) per month.. B. Any additional compensation for additional duties shall only be paid upon written authorization of the District Representative, and shall not exceed the rates and unit prices set forth in Exhibit B. C. Service Contractor shall be entitled to reimbursement for expenditures made by Service Contractor for the repair and replacement of the Improvements, PROVIDED, that Service Contractor has received the advanced written approval for such expenditure by the District Manager. In the event of an emergency requiring the immediate attention of Service Contractor, Service Contractor shall contact the District Manager by telephone and and make every attempt to get said District Manager s approval for the emergency expenditure; however, the failure to secure the District Manager s consent for the emergency expenditure shall not preclude Service Contractor from seeking reimbursement for such emergency 2 Page 22

25 expenditure, pursuant to the terms and the rates set forth in this Agreement. Service Contractor shall invoice the District in accordance with the rates provided in Exhibit B, Special Operations, Breakdowns and Emergencies for the services provided in this Subsection C. D. Reimbursement requests by Service Contractor shall be made to the District Manager no more than once per calendar month and shall be supported with invoices, receipts, and other supporting documentation of the Sanitary Sewer Lift Station Maintenance Services performed and for which reimbursement is sought. All invoices will be paid in accordance with the Florida Prompt Payment Act. E. District may require, as a condition precedent to making payment to Service Contractor that all subcontractors, materialmen, suppliers, or laborers be paid and require evidence, in the form of lien releases or partial waivers of lien, to be submitted to the District by those subcontractors, materialmen, suppliers or laborers, and further require that Service Contractor provide an affidavit related to the payment of said indebtedness. Further, the District shall have the right to require, as a condition precedent to making any payment, evidence from Service Contractor, in a form satisfactory to the District, that any indebtedness of Service Contractor, as to services to the District, has been paid and that Service Contractor has met all conditions with regard to the withholding and payment of taxes, Social Security payments, Workers Compensation, Unemployment Compensation contributions, and similar payroll deductions from the wages of employees. Section 4. Service Contractor s Acceptance of Conditions and Specifications. Service Contractor has carefully examined the areas and properties within the District upon which Service Contractor will perform Sanitary Sewer Lift Station Maintenance Services pursuant to this Agreement and has made sufficient tests and other investigations to be fully satisfied as to site conditions. Service Contractor further understands and agrees that the Sanitary Sewer Lift Station Maintenance Services and the requirements and obligations thereof are hereby incorporated into and made a part of this Agreement by reference. Section 5. Waiver. It is understood and agreed that the approval or acceptance by the District of any part of the work performed by Service Contractor under this Agreement as being in compliance with terms of this Agreement and related Sanitary Sewer Lift Station Maintenance Services, shall not operate as a waiver by District of the strict compliance with any other terms and conditions of the Agreement and related Sanitary Sewer Lift Station Maintenance Services. Section 6. Indemnification. Service Contractor, its employees, agents and sub- Contractors shall defend, hold harmless and indemnify the District, their respective directors, officers, employees, representatives and agents against any claims, damages, liabilities, losses and costs, including, but not limited to, reasonable attorneys fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of Service Contractor, and other persons employed or utilized by Service Contractor in the performance of this Agreement or the work or services performed hereunder. If a claim is litigated and the District is named as a party defendant, the District shall be held harmless as to all costs and expenses associated with the litigation related to that claim, including but not limited to, costs, attorneys fees, paralegal expenses, attorneys fees on appeal, monies paid in settlement or monies paid to satisfy any judgment obtained herein. This indemnification agreement is separate and apart from, and in no way limited by, any insurance provided pursuant to this Agreement or otherwise. The Contractor 3 Page 23

26 shall be held responsible for any violation of law, rules, regulations or ordinances affecting in any way the conduct of all persons, engaged in or the materials or methods used by him, on the work. At the time of the execution of the Contract, the Contractor shall furnish to the District (to the District Manager) Certificates of Insurance evidencing the existence of the insurance policies as required herein. Section 7. Independent Service Contractor. This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that Service Contractor is an independent Service Contractor under this Agreement and not the District s employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers' Compensation Act, and the State unemployment insurance law. Service Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Service Contractor s activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Service Contractor, which policies of Service Contractor shall not conflict with District, or other government policies, rules or regulations relating to the use of Service Contractor s funds provided for herein. Section 8. Site Manager. The foreman or principal for Service Contractor shall communicate with the District Representative on a regular basis for matters relating to the Sanitary Sewer Lift Station Maintenance Services and upon each occurrence of the performance of the Sanitary Sewer Lift Station Maintenance Services. The District may, in its discretion, notify Service Contractor that the District has hired a site manager with whom Service Contractor shall communicate regarding the Sanitary Sewer Lift Station Maintenance Services. The Service Contractor will notify the District Manager by the first of every month of the maintenance schedule for the subsequent month. Section 9. Term. This Agreement shall commence on October 1, 2016 and continue until September 30, 2017, unless sooner terminated as provided herein. The Agreement shall thereafter automatically be extended under the same terms and conditions for additional periods of one year, each coinciding with the District s fiscal year (October 1 st of respective year through September 30 th of following respective year), unless otherwise terminated by either party as provided herein, and subject to Service Contractor s acceptable level of performance as solely determined by the District and approved fiscal year funding by District. Section 10. Agreement. This instrument, together with its Exhibit(s), shall constitute the final and complete expression of this Agreement between the District and Service Contractor relating to the subject matter of this Agreement. Section 11. Amendments. Amendments to and waivers of the provisions contained in this Agreement may be made only by an instrument in writing that is executed by both the District and Service Contractor. Section 12. Assignment. Neither the District nor the Service Contractor may assign their respective rights, duties, or obligations under this Agreement or any monies to be come due hereunder without the prior written approval of the other party. 4 Page 24

27 Section 13. Termination. This Agreement may be terminated by the District at any time and at the discretion of the District, with or without cause, upon thirty (30) days written notice to Service Contractor. This Agreement may be terminated by Service Contractor at any time, with or without cause, upon forty-five (45) days written notice to the District. In the event this Agreement is terminated by either party, the Service Contractor shall bill the District, and receive payment for those Sanitary Sewer Lift Station Maintenance Services provided prior to the date of termination. Notice of termination shall be in writing and in accordance with the notice provisions of this Agreement. Section 14. Insurance. A. PRIOR TO ANY MAINTENANCE ACTIVITY UNDERTAKEN BY SERVICE CONTRACTOR, SERVICE CONTRACTOR SHALL SUBMIT TO THE DISTRICT COPIES OF SERVICE CONTRACTOR S REQUIRED COVERAGES AND SPECIFICALLY PROVIDING THAT THE DISTRICT (DEFINED TO MEAN THE DISTRICT, ITS OFFICERS, AGENTS, EMPLOYEES, AND REPRESENTATIVES) ARE ADDITIONAL INSUREDS OR ADDITIONAL NAMED INSUREDS WITH RESPECT TO THE REQUIRED COVERAGES AND THE OPERATIONS OF SERVICE CONTRACTOR. B. In the event the insurance certificate provided indicates that the insurance shall terminate and lapse during the period of this Agreement, then, in that event, Service Contractor shall furnish, at least thirty (30) calendar days prior to expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage for the balance of that period of the contract and extension there under is in effect. Service Contractor shall not continue to complete the improvements required by this Agreement unless all required insurance remains in full force and effect. C. Service Contractor shall procure and maintain at its own expense and keep in effect during the full term of the Agreement a policy or policies of insurance which includes the following coverages and minimum limits of liability. (a) (b) Worker s Compensation Insurance for statutory obligations imposed by Worker s Compensation or Occupational Disease Laws, including, where applicable, the United States Longshoreman s and Harbor Worker s Act, the Federal Employers Liability Act and the Jones Act. Employer s Liability Insurance shall be provided with a minimum of one hundred thousand and xx/100 dollars ($100,000.00) per accident. Service Contractor agrees to be responsible for the employment, conduct and control of its employees and for any injury sustained by such employees in the course of their employment. Comprehensive General Liability (occurrence form), with the following minimum limits of liability, with no restrictive endorsements: $1,000,000 Combined Single Limit, per occurrence, Bodily Injury & Property Damage Coverage shall specifically include the following with minimum limits not less than those required for Bodily Injury Liability and Property Damage Liability: 5 Page 25

28 1. Premises and Operations; 2. Independent Service Contractors; 3. Product and Completed Operations Liability; 4. Broad Form Property Damage; and 5. Broad Form Contractual Coverage applicable to the Agreement and specifically insuring the indemnification and hold harmless agreement provided herein. (c) Automobile Liability (Scheduled Auto) with minimum $1,000,000 Combined Single Limit per occurrence. D. District does not in any way represent that the types and amounts of insurance required hereunder are sufficient or adequate to protect the District s or the Service Contractor s interest or liabilities, but are merely minimum requirements established by this Agreement. District reserves the right to reasonably require other insurance coverages that District deems necessary depending upon the risk of loss and exposure to liability. E Insurance companies selected must be acceptable to District. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be canceled, materially changed or renewal refused until at least thirty (30) calendar days written notice has been given to District by certified mail, return receipt requested. F. The required insurance coverage shall be issued by an insurance company authorized and licensed to do business in the state of Florida, with a minimum rating of B+ to A+, in accordance with the latest edition of A.M. Best s Insurance Guide. G. All required insurance policies shall preclude any underwriter s rights of recovery or subrogation against District with the express intention of the parties being that the required insurance coverage protects both parties as the primary coverage for any and all losses covered by the above-described insurance. H. Service Contractor shall ensure that any company issuing insurance to cover the requirements contained in this Agreement agrees that they shall have no recourse against the District or the Association for payment or assessments in any form on any policy of insurance. I. The clauses, Other Insurance Provisions and Insured Duties in the Event of an Occurrence, Claim or Suit as it appears in any policy of insurance in which the District is named as an additional insured shall not be applicable to District. District shall provide written notice of occurrence within fifteen (15) working days of District actual notice of such an event. J. Violation of the terms of this Section and its sub-parts shall constitute a breach of the Agreement, and District, in its sole discretion, may cancel the Agreement, and all rights, title and interest of the Service Contractor in this Agreement shall thereupon cease and terminate. Section 15. Notices. All notices, requests, consents and other communications under this Agreement ( Notices ) shall be in writing and shall be delivered, mailed by First Class Mail, postage prepaid, or overnight delivery service, to the parties, as follows: 6 Page 26

29 A. If to the District: Fontainbleau Lakes Community Development District C/o Special District Services Inc. 2501A Burns Road Palm Beach Gardens, FL Attn: District Manager With a copy to: Billing, Cochran, Lyles, Mauro, &Ramsey, P.A. SunTrust Center, Sixth Floor 515 East Las Olas Boulevard Fort Lauderdale, Florida Attn: Dennis E. Lyles, Esq. B. If to Service Contractor: PELCO S.W. 188 th Street, Miami, Florida Attn: Benjamin Barlow Except as otherwise provided in this Agreement, any Notice shall be deemed received only upon actual delivery at the address set forth above. Notices delivered after 5:00 p.m. (at the place of delivery) or on a non-business day shall be deemed received on the next business day. If any time for giving Notice contained in this Agreement would otherwise expire on a nonbusiness day, the Notice period shall be extended to the next succeeding business day. Saturdays, Sundays and legal holidays recognized by the United States government shall not be regarded as business days. Any party or other person to whom Notices are to be sent or copied may notify the other parties and addressees of any change in name or address to which Notices shall be sent by providing the same on five (5) days written notice to the parties and addressees set forth in this Agreement. Section 16. Authorization. The execution of this Agreement has been duly authorized by the appropriate body or official of the District and Service Contractor, both the District and Service Contractor have complied with all the requirements of law, and both the District and Service Contractor have full power and authority to comply with the terms and provisions of this instrument. Section 17. Enforcement of Agreement. In the event that either the District or Service Contractor is required to enforce this Agreement by court proceedings or otherwise, then the prevailing party shall be entitled to recover all fees and costs incurred, including reasonable attorneys' fees and costs for trial, alternative dispute resolution or appellate proceedings. Section 18. Controlling Law and Venue. This Agreement and the provisions contained in this Agreement shall be construed, interpreted and controlled according to the laws of the State of Florida. All actions and disputes shall be brought in the proper court and venue, which shall be Miami-Dade County, Florida. Section 19. Sovereign Immunity. The Service Contractor agrees that nothing in this Agreement shall constitute or be construed as a waiver of the District s privileges, protections, 7 Page 27