BLACK CREEK COMMUNITY DEVELOPMENT
DISTRICT

MIAMI-DADE COUNTY REGULAR BOARD MEETING MARCH 19, 2025
10:30 A.M.

Special District Services, Inc.
8785 SW 165th Avenue, Suite 200
Miami, FL 33193
786.313.3661 Telephone 877.SDS.4922 Toll Free 561.630.4923 Facsimile

AGENDA
BLACK CREEK COMMUNITY DEVELOPMENT DISTRICT
Lennar Homes, LLC 5505 Blue Lagoon Drive Miami, Florida 33126
REGULAR BOARD MEETING
March 19, 2025
10:30 a.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
October 16, 2024 Regular Board Meeting…	Page 2
Old Business
New Business
Consider Resolution No. 2025-01 – Adopting a Fiscal Year 2023/2024 Proposed Budget…	Page 5
Consider Resolution No. 2025-02 – Registered Agent Change…	Page 16
Consider Amended and Restated Landscape Maintenance Agreement (FRD Lawn Care)…	Page 18
Discussion Regarding Assumption and Acceptance of Agreement Rights (Kendall
Assemblage North/D&B Property)…	Page 31
Administrative & Operational Matters
Board Member & Staff Closing Comments
Adjourn

AFFIDAVIT OF PUBLICATION

Account #	Order Number	Identification	Order PO	Amount	Cols	Depth	
142115	596126	Print Legal Ad-IPL01960610 - IPL0196061		$845.74	2	48 L	

Attention:

Laura J. Archer

PUBLISHED DAILY

Black Creek Community Development District c/o Special District Services, Inc.
2501A Burns Road
Palm Beach Gardens, Florida 33410 LArcher@sdsinc.org

MIAMI-DADE-FLORIDA
STATE OF FLORIDA COUNTY OF MIAMI-DADE
Before the undersigned authority personally appeared: Mary Castro, who on oath says that he/she is CUSTODIAN OF RECORDS of The Miami Herald, a daily newspaper published at Miami in Miami-Dade County, Florida; that the attached copy of the advertisement that was published was published in said newspaper in the issue
(s) of:
Publication: Miami Herald 1 insertion(s) published on:
09/30/24

Affiant further says that the said Miami Herald is a newspaper published at Miami, in the said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Dade County, Florida each day and has been entered a second class mail matter at the post office in Miami, in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper(s).The McClatchy Company complies with all legal requirements for publication in chapter 50, Florida Statutes.

Sworn to and subscribed before me this 30th day of September in the year of 2024

Notary Public in and for the state of Texas, residing in Dallas County

Extra charge for lost or duplicate affidavits. Legal document please do not destroy!

BLACK CREEK COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING
OCTOBER 16, 2024

CALL TO ORDER

District Manager Armando Silva called the October 16, 2024, Regular Board Meeting of the Black Creek Community Development District (the “District”) to order at 10:40 a.m. in the Lennar Homes, LLC Meeting Room located at 5505 Waterford District Drive, Miami, Florida 33126.

PROOF OF PUBLICATION

Mr. Silva presented proof of publication that notice of the Regular Board Meeting had been published in the Miami Herald on September 30, 2024, as part of the District’s Fiscal Year 2024/2025 Regular Meeting Schedule, as legally required.

ESTABLISH A QUORUM

Mr. Silva determined that the attendance of the following Board Members constituted a quorum and it was in order to proceed with the meeting: Teresa Baluja, Raisa Krause, Vanessa Perez and Carmen Orozco

Staff in attendance included: District Manager Armando Silva of Special District Services, Inc.; District Counsel Ginger Wald of Billing, Cochran, Lyles, Mauro & Ramsey, P.A
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.
APPROVAL OF MINUTES
August 21, 2024, Special Board Meeting
Mr. Silva presented the August 21, 2024, Special Board Meeting minutes and asked if there were any comments and/or changes. There being no comments or changes, a motion was made by Ms. Baluja, seconded by Ms. Perez and unanimously passed approving the August 21, 2024, Special Board Meeting minutes, as presented.

OLD BUSINESS
Staff Report, as Required

There was no Staff Report at this time.

NEW BUSINESS
Consider Resolution No. 2024-13 – Adopting a Fiscal Year 2023/2024 Amended Budget
Page 1 of 3

Mr. Silva presented Resolution No. 2024-13, entitled:

RESOLUTION NO. 2024-13

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE BLACK CREEK COMMUNITY DEVELOPMENT DISTRICT AUTHORIZING AND ADOPTING AN AMENDED FINAL FISCAL YEAR 2023/2024 BUDGET (“AMENDED BUDGET”), PURSUANT TO CHAPTER 189, FLORIDA STATUTES; AND PROVIDING AN EFFECTIVE DATE.

Mr. Silva read the title of the resolution into the record and explained the purpose of the document. He went on to state that there was a positive Operating Fund Balance at the end of Fiscal Year 2023/2024 and noted that the District designated a carryover of this Fund Balance to balance the Fiscal Year 2023/2024 budget. A discussion ensued after which:

A motion was made by Ms. Baluja, seconded by Ms. Orozco and unanimously passed approving and adopting Resolution No. 2024-13, as presented, thereby approving the Amended Final 2023/2024 Fiscal Year Budget.

Consider Resolution No. 2024-14 – Authorizing Petition to Expand the Boundaries of the District
Mr. Silva presented Resolution No. 2024-14, entitled:
RESOLUTION NO. 2024-14

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE BLACK CREEK COMMUNITY DEVELOPMENT DISTRICT AUTHORIZING DISTRICT COUNSEL AND DISTRICT STAFF TO FILE A PETITION WITH MIAMI-DADE COUNTY, FLORIDA TO EXPAND THE BOUNDARIES OF THE DISTRICT; AND PROVIDE AN EFFECTIVE DATE.

Mr. Silva provided an explanation for the document. A discussion ensued after which:
A motion was made by Ms. Baluja, seconded by Ms. Orozco and unanimously passed to approve and adopt Resolution No. 2024-14, as presented, thereby authorizing the petition to expand the boundaries of the District.
ADMINISTRATIVE & OPERATIONAL MATTERS
Staff Report, as Required

There was no Staff Report at this time.

BOARD MEMBER & STAFF CLOSING COMMENTS

There were no Board Member or Staff closing comments.

Page 2 of 3

ADJOURNMENT

There being no further business to come before the Board, a motion was made by Ms. Baluja, seconded by Ms. Orozco and passed unanimously adjourning the Regular Board Meeting at approximately 10:42 a.m.

Secretary/Assistant Secretary	Chairperson/Vice-Chairperson

Page 3 of 3

RESOLUTION 2025-01

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE BLACK CREEK COMMUNITY DEVELOPMENT DISTRICT APPROVING A PROPOSED BUDGET FOR FISCAL YEAR 2025/2026 AND SETTING A PUBLIC HEARING THEREON PURSUANT TO FLORIDA LAW AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Black Creek Community Development District (“District”) was recently established by Ordinance No. 19-28 approved by the Miami-Dade County Board of County Commissioners, Miami-Dade County, Florida, effective April 19, 2019; and

WHEREAS, the District Manager has prepared and submitted to the Board of Supervisors of the Black Creek Community Development District (the “Board”) the proposed operating fund budget for Fiscal Year 2025/2026; and

WHEREAS, the Board has considered the proposed operating fund budget and desires to set the required public hearing thereon.

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

The operating fund budget proposed by the District Manager for Fiscal Year 2025/2026 attached hereto as Exhibit “A” is hereby approved as the basis for conducting a public hearing to adopt said budget.
The public hearing on said approved operating fund budget is hereby declared and set for the following date, hour and location:

DATE:		June 18, 2025	

HOUR:		10:30 a.m.	
LOCATION: 	Lennar Homes, LLC	
	5505 Waterfront Drive	
	Miami, Florida 33126	
The District Manager is hereby directed to submit a copy of the proposed budget to the Miami-Dade County at least sixty (60) days prior to the hearing set above.

In accordance with Section 189.016, Florida Statutes, the District's Secretary is further directed to post the approved budget on the District's website at least two (2) days before the budget hearing date as set forth in Section 2. If the District does not have its own website, the District's Secretary is directed to transmit the approved budget to the managers or administrators of the Miami-Dade County for posting on their website.
Notice of this public hearing shall be published in the manner prescribed in Florida law.

This Resolution shall take effect immediately upon adoption.

PASSED AND ADOPTED this 19th day of March, 2025.

ATTEST:	BLACK CREEK COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairperson/Vice Chairperson

Attachment: Exhibit “A” Fiscal Year 2025/2026 Budget

EXHIBIT A

Black Creek Community Development District

Proposed Budget For Fiscal Year 2025/2026
October 1, 2025 - September 30, 2026

CONTENTS

PROPOSED BUDGET

DETAILED PROPOSED BUDGET

DETAILED PROPOSED DEBT SERVICE FUND BUDGET (SERIES 2020)

DETAILED PROPOSED DEBT SERVICE FUND BUDGET (SERIES 2022)

DETAILED PROPOSED DEBT SERVICE FUND BUDGET (SERIES 2024)

ASSESSMENT COMPARISON

PROPOSED BUDGET
BLACK CREEK COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2025/2026
OCTOBER 1, 2025 - SEPTEMBER 30, 2026

REVENUES	FISCAL YEAR 2025/2026
BUDGET	
Administrative Assessments	147,915	
Maintenance Assessments	370,468	
Debt Assessments (2020)	263,617	
Debt Assessments (2022)	1,298,238	
Debt Assessments (2024)	66,689	
Other Revenue	0	
Interest Income	1,200	
TOTAL REVENUES	$	2,148,127	
		
EXPENDITURES		
Maintenance Expenditures		
Annual Engineer's Report & Inspections	3,000	
Field Operations Management	1,500	
Street/Roadway Maintenance/Signage	3,000	
Miscellaneous Maintenance	10,000	
Wall Feature Maintenance/Upkeep	4,000	
Landscape Maintenance	80,000	
Storm Drainage/Class V Permit	15,000	
Maintenance Contingency	231,740	
TOTAL MAINTENANCE EXPENDITURES	$	348,240	
		
Administrative Expenditures		
Supervisor Fees	0	
Management	30,132	
Legal	15,000	
Assessment Roll	6,000	
Audit Fees	7,000	
Arbitrage Rebate Fee	650	
Insurance	7,500	
Legal Advertisements	10,000	
Miscellaneous	1,000	
Postage	525	
Office Supplies	525	
Dues & Subscriptions	175	
Trustee Fees	12,750	
Continuing Disclosure Fee	2,000	
Website Management	2,000	
Administrative Contingency	44,983	
TOTAL ADMINISTRATIVE EXPENDITURES	$	140,240	
		
TOTAL EXPENDITURES	$	488,480	
		
REVENUES LESS EXPENDITURES	$	1,659,647	
		
Bond Payments (2020)	(247,800)	
Bond Payments (2022)	(1,220,344)	
Bond Payments (2024)	(62,687)	
		
BALANCE	$	128,816	
		
County Appraiser & Tax Collector Fee	(42,939)	
Discounts For Early Payments	(85,877)	
		
EXCESS/ (SHORTFALL)	$	-	

DETAILED PROPOSED BUDGET
BLACK CREEK COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2025/2026
OCTOBER 1, 2025 - SEPTEMBER 30, 2026

REVENUES	FISCAL YEAR 2023/2024 ACTUAL	FISCAL YEAR 2024/2025 BUDGET	FISCAL YEAR 2025/2026 BUDGET	

COMMENTS	
Administrative Assessments	145,609	147,915	147,915	Expenditures Less Interest /.94	
Maintenance Assessments	354,793	370,468	370,468	Expenditures/.94	
Debt Assessments (2020)	263,618	263,617	263,617	Bond Payments/.94	
Debt Assessments (2022)	1,298,245	1,298,238	1,298,238	Bond Payments/.94	
Debt Assessments (2024)	0	66,699	66,689	Bond Payments/.94	
Other Revenue	0	0	0		
Interest Income	25,659	240	1,200	Projected At $100 Per Month	
TOTAL REVENUES	$	2,087,924	$	2,147,177	$	2,148,127		
					
EXPENDITURES					
Maintenance Expenditures					
Annual Engineer's Report & Inspections	2,000	3,000	3,000	No Change From 2024/2025 Budget	
Field Operations Management	1,500	1,500	1,500	Field Operations Management	
Street/Roadway Maintenance/Signage	0	3,000	3,000	No Change From 2024/2025 Budget	
Miscellaneous Maintenance	0	3,000	10,000	$7,000 Increase From 2024/2025 Budget	
Wall Feature Maintenance/Upkeep	0	4,000	4,000	No Change From 2024/2025 Budget	
Landscape Maintenance	21,024	60,000	80,000	$20,000 Increase From 2024/2025 Budget	
Storm Drainage/Class V Permit	0	0	15,000	New Requirement In Miami-Dade County	
Maintenance Contingency	0	273,740	231,740	Maintenance Contingency	
TOTAL MAINTENANCE EXPENDITURES	$	24,524	$	348,240	$	348,240		
					
Administrative Expenditures					
Supervisor Fees	0	0	0		
Management	28,440	29,292	30,132	CPI Adjustment	
Legal	23,909	12,000	15,000	$3,000 Increase From 2024/2025 Budget	
Assessment Roll	6,000	6,000	6,000	Assessment Roll	
Audit Fees	5,600	6,700	7,000	Has Increased Due To Third Bond Issue	
Arbitrage Rebate Fee	650	650	650	Arbitrage Rebate Fee	
Insurance	6,594	7,300	7,500	Fiscal Year 2024/2025 Expenditure Was $6,858	
Legal Advertisements	30,869	3,000	10,000	Costs Have Increased Due To Closing Of The Miami Business Review	
Miscellaneous	501	1,000	1,000	No Change From 2024/2025 Budget	
Postage	810	525	525	No Change From 2024/2025 Budget	
Office Supplies	1,105	525	525	No Change From 2024/2025 Budget	
Dues & Subscriptions	175	175	175	No Change From 2024/2025 Budget	
Trustee Fees	8,277	12,750	12,750	Has Increased Due To Third Bond Issue	
Continuing Disclosure Fee	1,000	2,000	2,000	Has Increased Due To Third Bond Issue	
Website Management	2,000	2,000	2,000	No Change From 2024/2025 Budget	
Administrative Contingency	0	55,363	44,983	Administrative Contingency	
TOTAL ADMINISTRATIVE EXPENDITURES	$	115,930	$	139,280	$	140,240		
					
TOTAL EXPENDITURES	$	140,454	$	487,520	$	488,480		
					
REVENUES LESS EXPENDITURES	$	1,947,470	$	1,659,657	$	1,659,647		
					
Bond Payments (2020)	(250,801)	(247,800)	(247,800)	2026 P & I Payments	
Bond Payments (2022)	(1,235,137)	(1,220,344)	(1,220,344)	2025 P & I Payments	
Bond Payments (2024)	0	(62,697)	(62,687)	2025 P & I Payments	
					
BALANCE	$	461,532	$	128,816	$	128,816		
					
County Appraiser & Tax Collector Fee	(19,792)	(42,939)	(42,939)	Two Percent Of Total Assessment Roll	
Discounts For Early Payments	(80,279)	(85,877)	(85,877)	Four Percent Of Total Assessment Roll	
					
EXCESS/ (SHORTFALL)	$	361,461	$	-	$	-		

DETAILED PROPOSED DEBT SERVICE FUND (SERIES 2020) BUDGET
BLACK CREEK COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2025/2026
OCTOBER 1, 2025 - SEPTEMBER 30, 2026

REVENUES	FISCAL YEAR 2023/2024 ACTUAL	FISCAL YEAR 2024/2025 BUDGET	FISCAL YEAR 2025/2026 BUDGET	

COMMENTS	

Interest Income	
14,380	
400	
1,000	
Projected Interest For FY 2025/2026	

NAV Tax Collection	
250,801	
247,800	
247,800	
Maximum Debt Service Collection	

Total Revenues	
$	265,181	
$	248,200	
$	248,800		

EXPENDITURES					

Principal Payments	
90,000	
95,000	
100,000	
Principal Payment Due In 2026	

Interest Payments	
154,975	
150,850	
147,800	
Interest Payments Due In 2026	

Transfer To Construction Fund	
6,541	
0	
0		

Bond Redemption	
0	
2,350	
1,000	
Estimated Excess Debt Collections	

Total Expenditures	
$	251,516	
$	248,200	
$	248,800		

Excess/ (Shortfall)	
$	13,665	
$	-	
$	-		

Series 2020 Bond Information

Original Par Amount =	$4,365,000	Annual Principal Payments Due =	June 15th	
Interest Rate =	3.00% - 4.00%	Annual Interest Payments Due =	June 15th & December 15th	
Issue Date =	January 2020			
Maturity Date =

Par Amount As Of 1/1/25 =	June 2050

$4,015,000			

III

DETAILED PROPOSED DEBT SERVICE FUND (SERIES 2022) BUDGET
BLACK CREEK COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2025/2026
OCTOBER 1, 2025 - SEPTEMBER 30, 2026

REVENUES	FISCAL YEAR 2023/2024 ACTUAL	FISCAL YEAR 2024/2025 BUDGET	FISCAL YEAR 2025/2026 BUDGET	

COMMENTS	

Interest Income	
69,911	
500	
2,000	
Projected Interest For FY 2025/2026	

Payment By Developer	
0	
0	
0		

NAV Tax Collection	
1,235,137	
1,220,344	
1,220,344	
Maximum Debt Service Collection	

Total Revenues	
$	1,305,048	
$	1,220,844	
$	1,222,344		

EXPENDITURES					

Principal Payments	
260,000	
270,000	
285,000	
Principal Payment Due In 2026	

Interest Payments	
965,889	
946,929	
933,609	
Interest Payments Due In 2026	

Transfer To Construction Fund	
32,213	
0	
0		

Bond Redemption	
0	
3,915	
3,735	
Estimated Excess Debt Collections	

Total Expenditures	
$	1,258,102	
$	1,220,844	
$	1,222,344		

Excess/ (Shortfall)	
$	46,946	
$	-	
$	-		

Series 2022 Bond Information

Original Par Amount =	$17,735,000	Annual Principal Payments Due =	June 15th	
Interest Rate =	4.8% - 5.625%	Annual Interest Payments Due =	June 15th & December 15th	
Issue Date =	May 2022			
Maturity Date =

Par Amount As Of 1/1/25 =	June 2052

$17,230,000			

DETAILED PROPOSED DEBT SERVICE FUND (SERIES 2024) BUDGET
BLACK CREEK COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2025/2026
OCTOBER 1, 2025 - SEPTEMBER 30, 2026

REVENUES	FISCAL YEAR 2023/2024 ACTUAL	FISCAL YEAR 2024/2025 BUDGET	FISCAL YEAR 2025/2026 BUDGET	

COMMENTS	

Interest Income	
11	
0	
100	
Projected Interest For FY 2025/2026	

Bond Proceeds	
14,845	
0	
0		

NAV Tax Collection	
0	
0	
62,687	
Maximum Debt Service Collection	

Total Revenues	
$	14,856	
$	-	
$	62,787		

EXPENDITURES					

Principal Payments	
0	
0	
15,000	
Principal Payment Due In 2026	

Interest Payments	
0	
0	
47,383	
Interest Payments Due In 2026	

Transfer To Construction Fund	
0	
0	
0		

Bond Redemption	
0	
0	
404	
Estimated Excess Debt Collections	

Total Expenditures	
$	-	
$	-	
$	62,787		

Excess/ (Shortfall)	
$	14,856	
$	-	
$	-		

Series 2024 Bond Information

Original Par Amount =	$938,000	Annual Principal Payments Due =	May 15th	
Interest Rate =	4.0% - 5.375%	Annual Interest Payments Due =	May 15th & November 15th	
Issue Date =	August 2024			
Maturity Date =

Par Amount As Of 1/1/25 =	May 2054

$938,000			

Black Creek Community Development District Assessment Comparison

Fiscal Year	Fiscal Year	Fiscal Year	Fiscal Year	
2022/2023	2023/2024	2024/2025	2025/2026	
	Assessment*	 	Assessment*	 	Assessment*	 	Projected Assessment*	

Original Units		
Administrative Assessment For Townhomes	$	118.05		$	118.05		$	118.05		$	118.05	
Maintenance Assessment For Townhomes	$	295.66		$	295.66		$	295.66		$	295.66	
Debt Assessment For Townhomes	$	1,156.63		$	1,156.63		$	1,156.63		$	1,156.63	
Total	$	1,570 34		$	1,570 34		$	1,570 34		$	1,570 34	
Administrative Assessment For Single Family Homes	$	118.05		$	118.05		$	118.05		$	118.05	
Maintenance Assessments For Single Family Homes	$	295.66		$	295.66		$	295.66		$	295.66	
Debt Assessment For Single Family Homes	$	1,260.83		$	1,260.83		$	1,260.83		$	1,260.83	
Total	$	1,674 54		$	1,674 54		$	1,674 54		$	1,674 54	
Expansion Units											
Administrative Assessment For Villas	$	118.05		$	118.05		$	118.05		$	118.05	
Maintenance Assessment For Villas	$	295.66		$	295.66		$	295.66		$	295.66	
Debt Assessment For Villas	$	1,247.65		$	1,247.65		$	1,247.65		$	1,247.65	
Total	$	1,661 36		$	1,661 36		$	1,661 36		$	1,661 36	
Administrative Assessment For Townhomes	$	118.05		$	118.05		$	118.05		$	118.05	
Maintenance Assessment For Townhomes	$	295.66		$	295.66		$	295.66		$	295.66	
Debt Assessment For Townhomes	$	1,352.89		$	1,352.89		$	1,352.89		$	1,352.89	
Total	$	1,766 60		$	1,766 60		$	1,766 60		$	1,766 60	
Administrative Assessment For Single Family Homes	$	118.05		$	118.05		$	118.05		$	118.05	
Maintenance Assessments For Single Family Homes	$	295.66		$	295.66		$	295.66		$	295.66	
Debt Assessment For Single Family Homes	$	1,458.13		$	1,458.13		$	1,458.13		$	1,458.13	
Total	$	1,871 84		$	1,871 84		$	1,871 84		$	1,871 84	
Second Expansion Units											
Administrative Assessment For Townhomes	$	-		$	-		$	118.05		$	118.05	
Maintenance Assessment For Townhomes	$	-		$	-		$	295.66		$	295.66	
Debt Assessment For Townhomes	$	-		$	-		$	1,169.00		$	1,169.00	
Total	$	-		$	-		$	1,582 71		$	1,582 71	
Administrative Assessment For Single Family Homes	$	-		$	-		$	118.05		$	118.05	
Maintenance Assessments For Single Family Homes	$	-		$	-		$	295.66		$	295.66	
Debt Assessment For Single Family Homes	$	-		$	-		$	1,274.18		$	1,274.18	
Total	$	-		$	-		$	1,687 89		$	1,687 89	

Notes
* Assessments Include the Following :		Net Per Unit O M Covenant amount is $390 00		
4% Discount for Early Payments	Gross Per Unit O M Covenant amount is $414 89
1% County Tax Collector Fee
1% County Property Appraiser Fee		
 Community Information - Original Units:			 Total Units:	 Townhomes	120		 Original Units	
219	
Single Family Units	99	Expansion Units	981	
Total Units	219	Total	1200	
 Community Information - Expansion Units:		2n	d Expansion Area:		
Villas	418	Single Family	45	
Townhomes	420	 Townhomes		8	
Single Family Units	143
Total Units	981
Total Units:	53
1253	

RESOLUTION 2025-02

A RESOLUTION OF THE BLACK CREEK COMMUNITY DEVELOPMENT DISTRICT DESIGNATING MICHAEL J. PAWELCZYK AS THE DISTRICT’S REGISTERED AGENT AND DESIGNATING THE OFFICE OF BILLING, COCHRAN, LYLES, MAURO & RAMSEY, P.A. AS THE REGISTERED OFFICE

WHEREAS, Section 189.014, Florida Statutes requires that the Black Creek Community Development District (the “District”) designate a registered office and a registered agent, and further authorizes the District to change its registered office and registered agent, at the discretion of the District Board of Supervisors (the “Board”); and

WHEREAS, the designation of both a registered office and a registered agent is for the purpose of accepting service of process, notice, or demand that is required or permitted by law to be served upon the District; and

WHEREAS, the Board has been informed by the office of District Counsel that there is a need to designate a new registered agent for the District; and

WHEREAS, the Board seeks designate Michael J. Pawelczyk as the registered agent for the District, and update the business address of the registered office of the District, as necessary.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE BLACK CREEK COMMUNITY DEVELOPMENT DISTRICT, THAT:
Section 1.	The foregoing recitals are hereby incorporated as findings of fact of the Board.

Section 2.  Michael J. Pawelczyk is hereby designated as the registered agent for the District, thereby replacing any previously designated registered agent.
Section 3.  The registered office of the District is hereby designated as the office at Billing, Cochran, Lyles, Mauro & Ramsey, P.A., 515 East Las Olas Boulevard, Suite 600, Fort Lauderdale, Florida 33301. The registered office is identical to the business address of the registered agent designated in Section 2 of this Resolution.
Section 4. Pursuant to the requirements of Section 189.014(2), Florida Statutes, the District’s Secretary shall transmit copies of this Resolution to the local governing authority or authorities and to the Florida Department of Economic Opportunity.

Section 5.  All resolutions or parts of resolutions in conflict herewith are repealed to the extent of such conflict.

1

Section 6.   If any clause, section or other part or application of this Resolution is held by a court of competent jurisdiction to be unconstitutional, illegal or invalid, in part or as applied, it shall not affect the validity of the remaining portions or applications of this Resolution.

Section 7.	This Resolution shall be effective immediately upon adoption.

PASSED AND ADOPTED THIS 19th DAY OF March, 2025.

ATTEST:

BLACK CREEK
COMMUNITY DEVELOPMENT DISTRICT

	

Print name: 		Print name: 	 Secretary/Assistant Secretary		Chair/Vice-Chair, Board of Supervisors

2

AMENDED AND RESTATED
LANDSCAPE MAINTENANCE SERVICES AGREEMENT
THIS AMENDED AND RESTATED LANDSCAPE MAINTENANCE SERVICES
AGREEMENT (the “Agreement”) is made and entered into this 	 day of 	, 2025, by and between:
BLACK CREEK COMMUNITY DEVELOPMENT DISTRICT, a local unit
of special-purpose government established pursuant to Chapter 190, Florida Statutes, being situated in unincorporated Miami-Dade County, Florida, and whose address is 2501A Burns Road, Palm Beach Gardens, Florida 33410 (the “District”), and
FRD COMPLETE TREE SERVICE & LAWN CARE, INC., a Florida
corporation, whose principal address is 24445 SW 129 Avenue, Homestead, Florida 33032 (the “Contractor”).
RECITALS
WHEREAS, the District and the Contractor entered into a Landscape Maintenance Services Agreement, dated November 9, 2021 (“2021 Agreement”);
WHEREAS, the District and the Contractor intend to replace the 2021 Agreement with this Agreement to address additional lands within the District requiring landscape and irrigation maintenance services; and
WHEREAS, the District is responsible for the landscape and irrigation maintenance of certain areas located within or just outside the boundaries of the District, which areas are more particularly described and identified in Exhibit A, attached hereto and made a part hereof (the “Landscape Areas”); and
WHEREAS, the District desires to continue with Contractor providing Landdscape Maintenance Services, as later defined, to the District under this new Agreement in order to provide mowing, air blowing, and side trimming services four times a year (the “Landscape Maintenance Services”) to these Landscape Areas, as more particularly described in the Contractor’s Proposal, attached hereto and made a part hereof as Exhibit B (the “Proposal”); and
WHEREAS, Contractor represents that it is qualified to serve as a landscape maintenance contractor and has agreed to furnish to the District those Landscape Maintenance Services in accordance with this Agreement and the Proposal.
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.
Section 2. Duties. The duties, obligations and responsibilities of Contractor are described herein and in the Proposal. 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.

Section 3. Compensation. In exchange for providing the Landscape Maintenance Services pursuant to this Agreement, the District shall pay Contractor in accordance with the Proposal an annual contract amount of SIXTY-THREE THOUSAND EIGHT HUNDRED AND 00/100 ($63,800.00) DOLLARS (the "Contract Price"), Contract Price shall be paid in in equal monthly payments of $5,316.66 each for work performed pursuant to this Agreement. Any additional compensation for additional duties shall be paid only upon the written authorization of the District Manager or its designee, shall not exceed the rates set forth on Contractor’s Proposal and provided that any additional compensation for additional duties shall not cause the total amount for landscape and irrigation services to exceed the statutory public bidding threshold for maintenance contracts pursuant to Sections 190.033 and 287.017, Florida Statutes. Contractor shall provide the District with a monthly invoice before the last day of each contractual service month representing the monthly installment due for that month. All invoices are due and payable upon receipt. Charges remaining unpaid forty-five (45) days after receipt of the invoice shall bear interest at the rate of one percent (1%) per month.
Section 4. Contractor’s Acceptance of Conditions. The Contractor has carefully examined the Landscape Areas and any other areas and properties within the District upon which Contractor will perform Landscape Maintenance Services pursuant to this Agreement and has made sufficient tests and other investigations to be fully satisfied as to site conditions.
Section 5.  Contractor’s Employees and Subcontractors. The Contractor shall at all times enforce strict discipline and good order among Contractor’s employees and the employees of any subcontractors and shall not employ on the jobsite an unfit person or anyone not skilled in the Landscape Maintenance Services assigned to him or her. No liquor, alcoholic beverages, or narcotics shall be allowed within the boundaries of the District. All labor described herein or indicated on the Proposal, shall be executed in a high quality, thorough substantial and workmanlike and by people skilled in the applicable trade. All employees of Contractor and subcontractor shall at all times wear uniforms clearly identifying the company name for which they are employed. Contractor shall ensure employees are provided and utilize proper safety equipment and clothing in compliance with all applicable regulations for the scope of work included in this Agreement.

Section 6.  Waiver. It is understood and agreed that the approval or acceptance by the District of any part of the work performed by Contractor under this Agreement as being in compliance with terms of this Agreement shall not operate as a waiver by District of the strict compliance with any other terms and conditions of the Agreement.

Section 7.	Insurance.

The Contractor shall provide and maintain during the life of this Contract "Worker's Compensation Insurance" for all of his employees employed in connection with the performance of this Agreement and, in case any work hereunder is sublet, the Contractor shall require each subcontractor similarly to provide "Worker's Compensation Insurance" for all of the latter employees unless such employees are covered by the protection afforded by the Contractor. In case any class of employees who are engaged in hazardous work under this Agreement at the site are not protected under the "Worker's Compensation" statute, the Contractor shall provide and shall cause each subcontractor to provide adequate coverage for the protection of his employees not otherwise protected.

The Contractor shall provide and maintain during the life of this Agreement, insurance that will protect Contractor, and any subcontractor performing work covered by the Agreement from claims for damage for personal injury, including accidental death, as well as from claims for property damages which may arise from operations under this Agreement, whether such operations be by himself or by any subcontractors or by anyone directly or indirectly employed by either of them. The Contractor shall also provide and maintain during the life of the Agreement insurance that will indemnify and hold harmless the District, and its respective officers, agents, including, but not limited to, Special District Services, Inc., and employees from and against all claims, costs, expenses, including attorney's fees and damages arising out of or resulting from performance of the work pursuant to this Agreement, injury to or conduct, want of care or skill, negligence and patent infringement providing that any such claim, damage loss or expenses (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of property including the loss of use resulting there from and (b) is caused in whole or in part by any negligent act of Contractor, its employees, agents, officers, or Subcontractors, or anyone indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder.

Insurance shall be provided with a limit of $1,000,000.00 in policy as follows: Commercial General Liability, Insurance, including Products and/or Complete Operations, Explosions Hazard, Collapse Hazard and Underground Property Damage Hazard and Contractual Liability. The Grand Bay at Doral Community Development District and the City of Doral (the “City”)/Miami-Dade County (the “County”) (if the Landscape Areas include lands owned by or dedicated to the City/County) shall be named as an additional insured.

Insurance shall be provided with a limit of $1,000,000.00 in policy as follows: Comprehensive Auto Liability Insurance. The Grand Bay at Doral Community Development District and the City/County (if the Landscape Areas include lands owned by or dedicated to the City/County) shall be named as an additional insured.

All such insurance shall be obtained from companies licensed and authorization to do business in the field of insurance in the State of Florida and are authorized and licensed to provide the insurance required herein.

At the time of execution of the Agreement, the Contractor will file with the District certificates of such insurance, acceptable to the District. These certificates shall contain a provision that the coverage afforded under the policies will not be canceled or materially changed until at least thirty (30) days prior written notice has been given to the District.
Section 8.  Indemnification. Contractor, its employees, agents and subcontractors shall defend, hold harmless and indemnify the District and the City/County (if the Landscape Areas include lands owned by or dedicated to the City/County), their respective directors, officers, employees, representatives and agents, including, but not limited to, Special District Services, Inc., against any claims, damages, liabilities, losses and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligent acts and omissions, recklessness or intentionally wrongful conduct of Contractor, and other persons employed or utilized by Contractor in the performance of this Agreement or the work or services performed

hereunder. This indemnification agreement is separate and apart from, and in no way limited by, any insurance provided pursuant to this Agreement or otherwise.
Section 9. Independent Contractor. The District and Contractor agree and acknowledge that Contractor shall serve as an independent contractor of the District.
Section 10. Site Manager. The foreman for Contractor shall communicate with the District Manager or the Owner’s Representative of the District on a regular basis for matters relating to the Landscape Maintenance Services and upon each occurrence of the performance of the Landscape and Maintenance Services. The District may, in its discretion, notify Contractor that the District has hired a site manager with whom Contractor shall communicate regarding the Landscape Maintenance Services. At the time of this Agreement, the Owner’s Representative is Pablo Jerez at Special District Services, Inc.
Section 11. Term. This Agreement shall commence on January 31, 2025, and continue through January 30, 2025 (the “Initial Term”), subject to execution by both parties hereto and unless terminated as provided herein. At the conclusion of the Initial Term, the Agreement shall automatically renew for extension terms of one (1) year each, unless otherwise terminated or canceled as provided for herein.
Section 12.	Protection of Property and the Public.

Contractor shall continually maintain adequate protection of all District property, real, tangible and otherwise, from damage and shall protect public and private property from injury or loss arising in connection with the Landscape Maintenance Services provided pursuant to this Agreement. Contractor shall make redress for any such damage, injury or loss. Contractor shall adequately protect adjacent property as provided by law and this Agreement.

The Contractor shall take all necessary precautions for the safety of employees on the jobsite, and shall comply with all applicable provisions of federal, state and local laws, including, but not limited to the requirements of the Occupational Safety & Health Act of 1970, and amendments thereto, and building codes to prevent accidents or injury to persons on, about or adjacent to the premises to prevent accidents and injuries to persons or property in or about the jobsite. Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the Services, all necessary safeguards, including sufficient lights and danger signals on or near the area or areas where the Landscape Maintenance Services are being performed, from sunset to sunrise. Contractor shall erect suitable railing, barricades, or other protective devices about unfinished Landscape Maintenance Services, open trenches, embankments, or other hazards and obstructions to traffic, as necessary. Contractor shall take all necessary precautions to prevent accidents and injuries to persons or property in connection with the performance of this Agreement.

Contractor shall in every respect be responsible for, and shall replace and make good all loss, injury, or damage to the premises (including but not limited to landscaping, walks, drives, structures, or other facilities) on the premises and/or property of District’s of any land adjoining any work sites, which may be caused by Contractor or Contractor’s employees or subcontractors, or which he or they might have prevented. Contractor shall, at all times while the work is in progress, use extraordinary care to see that adjacent buildings are not endangered in any way by reason of fire, water, or construction or maintenance operations, and to this end shall

take such steps as may be necessary or directed, to protect the property therefrom; the same care shall be exercised by all Contractor's and subcontractor's employees.

Buildings, sidewalks, fences, shade trees, lawns, irrigation systems, and all other improvements shall be duly protected from damage by Contractor.

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 Landscape Maintenance Services within twenty-four (24) hours.
Section 13.  Defective Work. Within fourteen (14) calendar days after being notified in writing of defective work, should the Contractor fail or refuse to correct any defective work performed, or to make any necessary repairs in a manner acceptable to the District and in accordance with the requirements of the Agreement, within the same time stated in said written notice, the District may cause the unacceptable or defective work to be corrected, or authorize such repairs as may be necessary to be made. Any expense incurred by the District in making corrections or repairs, which the Contractor has failed or refused to make after being duly notified shall be paid for out of any monies due or which may become due the Contractor under this Agreement. Failure or refusal on part of the Contractor to make any or all necessary repairs promptly, fully and in a manner acceptable to District shall be sufficient cause for the District to declare the Agreement in default, in which case the District at its option may cancel the Agreement and contract with any other individual, firm or corporation to perform the Landscape Maintenance Services. All costs and expenses incurred by reason of Contractor's default thereby shall be charged against the defaulting Contractor and the amount thereof deducted from any monies due, or which may become due him, as liquidated damages and not as a penalty. Any special work performed, as described herein, shall not relieve the Contractor in any way from his responsibility for the work performed by Contractor.
Section 14.  Agreement. This instrument, together with its Exhibit(s), shall constitute the final and complete expression of this Agreement between the District and Contractor relating to the subject matter of this Agreement. To the extent that provisions in this Agreement conflict with the provisions provisions of this Agreement shall be binding, followed by the Landscape Areas, then the Proposal, in order of precedence from the highest priority to lowest. Upon the Effective Date of this Agreement, all prior agreements between the parties for the provision of similar services, including the 2021 Agreement, shall be terminated as of said Effective Date.
Section 15.  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 Contractor.
Section 16.  Assignment. This Agreement may be assigned, in whole or in part, by either party only upon the written consent of the other, which consent shall not be unreasonably withheld.
Section 17.  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 Contractor. This Agreement may be terminated by Contractor at any time, with or without cause, upon thirty (30) days written notice to the District. In the event this Agreement is terminated by either party, the Contractor shall bill the District, and receive payment for those Landscape Maintenance Services provided prior to the date of termination.

Section 18.  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:

If to the District:	Grand Bay at Doral Community Development District
2501A Burns Road
Palm Beach Gardens, FL 33410 Attn: District Manager

With a copy to:	Billing, Cochran, Lyles, Mauro & Ramsey, P.A.
515 East Las Olas Boulevard, Suite 600 Fort Lauderdale, Florida 33301
Attn: Michael J. Pawelczyk, Esq.

If to Contractor:	FRD Complete Tree Service & Lawn Care, Inc.
24445 SW 129 Avenue
Homestead, Florida 33032 Attn: President

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 non- business 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. Counsel for the District and counsel for the Developer may deliver Notice on behalf of the District and the Developer. 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 19. Authorization. The execution of this Agreement has been duly authorized by the appropriate body or official of the District and Contractor, both the District and Contractor have complied with all the requirements of law, and both the District and Contractor have full power and authority to comply with the terms and provisions of this instrument.
Section 20. Enforcement of Agreement. In the event that either the District or 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 21. Familiarity with Laws. Contractor shall be familiar with all federal, state and local laws, ordinances, rules and regulations that in any manner affect the performance of this Agreement. Ignorance on the part of the Contractor will in no way relieve Contractor from responsibility.
Section 22. 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 23. Sovereign Immunity. The Developer agrees that nothing in this Agreement shall constitute or be construed as a waiver of the District’s limitations on liability contained in Section 768.28, Florida Statutes, or other statutes or law.
Section 24.  E-Verify. The Contractor, on behalf of itself and its subcontractors, hereby warrants compliance with all federal immigration laws and regulations applicable to their employees. The Contractor further agrees that the District is a public employer subject to the E- Verify requirements provided in Section 448.095, Florida Statutes, and such provisions of said statute are applicable to this Agreement, including, but not limited to registration with and use of the E-Verify system. The Contractor agrees to utilize the E-Verify system to verify work authorization status of all newly hired employees. Contractor shall provide sufficient evidence that it is registered with the E-Verify system before commencement of performance under this Agreement. If the District has a good faith belief that the Contractor is in violation of Section 448.095(1), Florida Statutes, or has knowingly hired, recruited, or referred an alien that is not duly authorized to work by the federal immigration laws or the Attorney General of the United States for employment under this Agreement, the District shall terminate this Agreement. The Contractor shall require an affidavit from each subcontractor providing that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall retain a copy of each such affidavit for the term of this Agreement and all renewals thereof. If the District has a good faith belief that a subcontractor of the Contractor is in violation of Section 448.095(1), Florida Statutes, or is performing work under this Agreement has knowingly hired, recruited, or referred an alien that is not duly authorized to work by the federal immigration laws or the Attorney General of the United States for employment under this Agreement, the District promptly notify the Contractor and order the Contractor to immediately terminate its subcontract with the subcontractor. The Contractor shall be liable for any additional costs incurred by the District as a result of the termination of any contract, including this Agreement, based on Contractor’s failure to comply with the E-Verify requirements referenced in this subsection.

Section 25.	Public Records.

Contractor shall, pursuant to and in accordance with Section 119.0701, Florida Statutes, comply with the public records laws of the State of Florida, and specifically shall:

Keep and maintain public records required by the District to perform the services or work set forth in this Agreement; and
Upon the request of the District’s custodian of public records, provide the District with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; and

Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the Agreement if the Contractor does not transfer the records to the District; and

Upon completion of the Agreement, transfer, at no cost to the District, all public records in possession of the Contractor or keep and maintain public records required by the District to perform the service or work provided for in this Agreement. If the Contractor transfers all public records to the District upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the District, upon request from the District’s custodian of public records, in a format that is compatible with the information technology systems of the District.

Contractor acknowledges that any requests to inspect or copy public records relating to this Agreement must be made directly to the District pursuant to Section 119.0701(3), Florida Statutes. If notified by the District of a public records request for records not in the possession of the District but in possession of the Contractor, the Contractor shall provide such records to the District or allow the records to be inspected or copied within a reasonable time. Contractor acknowledges that should Contractor fail to provide the public records to the District within a reasonable time, Contractor may be subject to penalties pursuant to Section 119.10, Florida Statutes.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT/CONTRACT, THE CONTRACTOR MAY CONTACT THE CUSTODIAN OF PUBLIC RECORDS FOR THE DISTRICT AT:

SPECIAL DISTRICT SERVICES, INC. 2501A BURNS ROAD
PALM BEACH GARDENS, FLORIDA 33410 TELEPHONE: (561) 630-4922
EMAIL: bbarba@sdsinc.org
Section 26.  Definitions. Terms used in this Agreement that are defined in the Services Proposal shall have the meanings indicated therein.
Section 27. Severability. The invalidity or unenforceability of any one or more provisions of this Agreement shall not affect the validity or enforceability of the remaining portions of this Agreement, or any part of this Agreement not held to be invalid or unenforceable.

Section 28. Arm’s Length Transaction. This Agreement has been negotiated fully between the District and the Developer as an arm’s length transaction. All parties participated fully in the preparation of this Agreement and received the advice of counsel. In the case of a dispute concerning the interpretation of any provision of this Agreement, all parties are deemed to have drafted, chosen and selected the language, and the doubtful language will not be interpreted or construed against any party hereto.
Section 29. Headings for Convenience Only. The descriptive headings in this Agreement are for convenience only and shall neither control nor affect the meaning or construction of any of the provisions of this Agreement.
Section 30.  Counterparts. This Agreement may be electronically in accordance with the provisions of Chapter 688, Florida Statutes and may be executed in any number of counterparts, each of which when executed and delivered shall be an original; however, all such counterparts together shall constitute, but one and the same instrument.
Section 31. Responsible Vendor Determination. Contractor is hereby notified that Section 287.05701, Florida Statutes, requires that the District may not request documentation of or consider a contractor’s, vendor’s, or service provider’s social, political, or ideological interests when determining if the contractor, vendor, or service provider is a responsible contractor, vendor, or service provider.
IN WITNESS WHEREOF, the parties execute this Agreement and further agree that it shall take effect as of the Effective Date first above written.

Attest:	BLACK	CREEK	COMMUNITY DEVELOPMENT DISTRICT

By:	

Print name: 		Print name: 	 Secretary/Assistant Secretary			Chairperson/Vice-Chairperson
Board of Supervisors
	 day of 	, 2025

FRD COMPLETE TREE SERVICE & LAWN
CARE, INC., a Florida corporation

By: 	 Print: 		
Print Name	Title: 	
	 day of 	, 2025

Print Name (CORPORATE SEAL)

Exhibit A Landscape Areas

Exhibit B Proposal

FRD complete tree service & lawn car
14805 Sw 258th AVE homestead FL 33032
786 269-7451  fax 786 377-3630
Email: Luis.jl2078@gmail.com Cellphone: 305 224 3846

Lawn Service Contract
Contract Start Date January 31, 2025, to January 31, 2026 Black Creek
2501A Burns Road Palm Beach Gardens, FL 3341

Mowing, hard edging, bed edging, air blowing, monofilament trim, shrub trimming, selective pruning Scope of Work

Month	Jan	Feb	Mar	Apr	May	Jun	Jul	Aug	Sep	Oct	Nov	Dec	TL	
Mowing	2	2	2	2	3	3	3	3	3	2	2	2	29	
Hard Edging	2	2	2	2	3	3	3	3	3	2	2	2	29	
Bed Edging	2	2	2	2	3	3	3	3	3	2	2	2	29	
Air Blowing	2	2	2	2	3	3	3	3	3	2	2	2	29	
Round	1	1	1	1	1	1	1	1	1	1	1	1	12	
Shrub Trimming	1	1	1	1	1	1	1	1	1	1	1	1	12	
														
Note the seeds will be removed from all small palms, not include sabel palms and royal palms

Time P/Cut
$2,200	Monthly
$5,316.66	Yearly
$63,800	

ALL COMMON AREAS

1ST response to hurricane and or tropical storm emergency Service and extra work on property (not included per contract)

Trees trimming
Season Flower/plants/ mulch. Will be extra cost when its Need it a proposal will provide per job description.
Contract terms
This Agreement shall the effect upon sign at the contract unless their modification for a good termination of the contract. Either one of the parties may, upon 30 days’ written notice cancel this service contract agreement at any time and for any reason.
25th of each month invoice will be send
Terms for Payment Will be net 20 day unless otherwise upon the contract Late payment 2% will add with total Monthly charge
Insurance liability
FRD agrees to maintain proper, License and insurance as Required by the state of Florida
Client will not be hold responsible for any personal injury Or damage caused by on employees of FRD INC. Guarantee
FRD Customer satisfaction FRD Landscape service INC

Account manager and owner Luis Adolfo Solorzano luis.jl2078@gmail.com Cellphone (305-224-3846
Email frd.lawncare@hotmail.com Client Board of Director

FRD Landscape services Exhibit
Client Board of Director

FRD Landscape services

KENDALL ASSEMBLAGE NORTH, ID# 30909

ASSUMPTION AND ACCEPTANCE OF AGREEMENT RIGHTS
THIS ASSUMPTION AND ACCEPTANCE is made and entered into at Miami-Dade County, Florida this 	 day of 	, 20	 (“Effective Date”).

BLACK CREEK COMMUNITY DEVELOPMENT DISTRICT, a local unit of special purpose government organized and pursuant to Chapter 190, Florida Statutes, as approved by the Miami-Dade Board of County Commissioners per Ordinance 19-28 on April 9, 2019, (“BLACK CREEK CDD”), whose mailing address is: 8785 S.W. 165 Avenue, Suite 200, Miami, Florida 33193, hereby assumes joint right, title and interest in and to that certain Agreement for “KENDALL ASSEMBLAGE NORTH,” ID #30909, between Miami-Dade County (“COUNTY”), a political subdivision of the State of Florida, and BAAAMA IX LLC and 13005 LAND, LLC, both Florida limited liability companies, SOUTH FLORIDA GROWERS ASSOCIATION, INC., a Florida corporation, NEIL PERELLO and CRISTINA PERELLO,
both individuals, dated April 26, 2021, recorded in Official Records Book 32518, at Page 3246, of the Public Records of Miami-Dade County, Florida (the “AGREEMENT”), which was assigned to LENNAR HOMES, LLC (“LENNAR”), a Florida limited liability company, and AG ESSENTIAL HOUSING MULTI STATE 1, LLC (“AG EH”), a Delaware limited liability company, per an ASSIGNMENT, dated July 26, 2021, recorded in Official Records Book 32658, at Page 4685.
This Assumption and Acceptance of Agreement Rights shall take effect only upon the acceptance of same by the COUNTY, covering the real property legally described in Exhibit “A” (the “Property”), attached hereto and made a part hereof.

BLACK CREEK CDD, by these presents, hereby jointly assumes only the duties and obligations of the DEVELOPER under the AGREEMENT related to conveyance of the water and sewer facilities, and is jointly entitled to all the rights of the DEVELOPER under the AGREEMENT, with except that LENNAR and AG EH shall retain all rights to construction connection charge payments received from parties other than the DEVELOPER who connect to water mains and/or gravity sewer mains installed pursuant to the AGREEMENT, oversizing credit payments for oversized water mains installed pursuant to the AGREEMENT, Additional Services Program payments for single sewer lateral services installed by the DEVELOPER, and any other direct payments. The DEPARTMENT recognizes that all duties and obligations of installing the water and sewer facilities are fully completed. The DEPARTMENT also recognizes, consents and approves the addition of BLACK CREEK CDD, as a DEVELOPER under the AGREEMENT, as stipulated herein.
BLACK POINT CDD and LENNAR and AG EH, acknowledge that from said effective date forward they shall collectively be the DEVELOPER under the AGREEMENT and agree to abide by all of the terms and conditions of the AGREEMENT.

The COUNTY, by and through the DEPARTMENT, by these presents hereby represents that as of the date of the execution of this Assumption and Acceptance of Agreement Rights, LENNAR and AG EH are in good standing and not in default.
With the execution of this Assumption and Acceptance of Agreement Rights, the DEVELOPERS at their own expense shall deliver to the DEPARTMENT an opinion of title for the Property issued by a qualified attorney licensed to practice law in the State of Florida, which states that BLACK CREEK CDD has certain general powers over the Property, as provided by Chapter 190, Florida Statutes, and Ordinance 19-28.
This instrument prepared by: Christopher Schaffer
Miami-Dade Water and Sewer Department 3575 S. LeJeune Road
Miami, Florida 33146-2221

KENDALL ASSEMBLAGE NORTH, ID# 30909

IN WITNESS WHEREOF, the parties hereto have caused this Assumption to be executed by their respective officials as of the day and year above written.
WITNESSETH:	MIAMI-DADE COUNTY

signature

print name

By:	
Brandon Garcia, New Business Manager

3575 S. LeJeune Road, Miami, FL 33146	For: Roy Coley, Director
Miami-Dade Water and Sewer Department

signature

print name
3575 S. LeJeune Road, Miami, FL 33146

STATE OF FLORIDA COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by means of: (check one)
□ physical presence; or □ remote audio-visual means, this 	 day of 	, 20  , by Brandon Garcia, New Business Manager, for Roy Coley, Director, of the Miami-Dade Water and Sewer Department, who is personally known to me and did not take an oath.

Notary Public

print name	Serial Number

KENDALL ASSEMBLAGE NORTH, ID# 30909

WITNESSETH:	LENNAR HOMES, LLC, A FLORIDA LIMITED LIABILITY COMPANY

	 By:	
signature	signature
Print Name:			Greg McPherson	
Address:		Address:	

signature
Print Name: Address:

STATE OF FLORIDA COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by means of: (check one)
□ physical presence; or □ remote audio-visual means, this 	 day of 	, 20	, by Greg McPherson, who is personally known to me or has/has not produced
	 as identification and did/did not take an oath.

Notary Public

print name	Serial Number

KENDALL ASSEMBLAGE NORTH, ID# 30909

WITNESSETH:	AG ESSENTIAL HOUSING MULTI STATE 1, LLC, A DELAWARE LIMITED LIABILITY COMPANY
BY: AGWIP ASSET MANAGEMENT, LLC, AN ARIZONA LIMITED LIABILITY COMPANY, ITS AUTHORIZED AGENT

	 By:	
signature	signature
Print Name:			Steven S. Benson	
Address:		Address:	

signature
Print Name: Address:

STATE OF FLORIDA COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by means of: (check one)
□ physical presence; or □ remote audio-visual means, this 	 day of 	, 20	, by Steven S. Benson, who is personally known to me or has/has not produced
	 as identification and did/did not take an oath.

Notary Public

print name	Serial Number

KENDALL ASSEMBLAGE NORTH, ID# 30909

WITNESSETH:	BLACK CREEK COMMUNITY DEVELOPMENT
DISTRICT, a Local Unit of Special Purpose Government organized under and pursuant to Chapter 190, Florida Statutes

	 By:	
signature	signature
Print Name:		Print Name: Address:		Address:

signature
Print Name: Address:

STATE OF FLORIDA COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by means of: (check one)
□ physical presence; or □ remote audio-visual means, this 		 day of 	, 20  , by 	, who is personally known to me or has/has not produced 		 as identification and did/did not take an oath.

Notary Public

print name	Serial Number

Approved for Legal Sufficiency:

Assistant County Attorney

KENDALL ASSEMBLAGE NORTH, ID# 30909

EXHIBIT "A" OF
ASSUMPTION AND ACCEPTANCE OF AGREEMENT RIGHTS

LEGAL DESCRIPTION
Folios 30-6914-000-0470 and 30-6914-000-0480
PARCEL 1: THE SW 1/4 OF THE NW 1/4 OF SE 1/4 OF SECTION 14, TOWNSHIP 56 SOUTH, RANGE 39 EAST, LESS THE WEST 35 FEET THEREOF FOR RIGHT-OF-WAY, LYING AND BEING IN MIAMI- DADE COUNTY, FLORIDA.

LESS AND EXCEPT: THE NORTH 25 FEET OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 14, LESS THE WEST 35 FEET THEREOF; AND THE NORTH 49.79 FEET OF THE EAST 25 FEET, LESS THE NORTH 25 FEET THEREOF, OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 14, AND THE EXTERNAL AREA OF A CIRCULAR CURVE, FORMED BY A 25 FOOT RADIUS ARC, CONCAVE TO THE SOUTHEAST, BEING TANGENT TO THE SOUTH LINE OF THE NORTH 25 FEET OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 14 AND TANGENT TO THE EAST LINE OF THE WEST 35 FEET OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 14; AND THE EXTERNAL AREA OF A CIRCULAR CURVE, FORMED BY A 25 FOOT RADIUS ARC, CONCAVE TO THE SOUTHWEST, BEING TANGENT TO THE SOUTH LINE OF THE NORTH 25 FEET OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 14 AND TANGENT TO THE WEST LINE OF THE EAST 25 FEET OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 14.

PARCEL 2: THE EAST 1/2 OF THE NW 1/4 OF THE SW 1/4 OF THE SE 1/4 OF SECTION 14, TOWNSHIP 56 SOUTH, RANGE 39 EAST, LESS THE NORTH 25 FEET, THE SOUTH 25 FEET AND THE EAST 25 FEET THEREOF FOR THE RIGHT-OF-WAY, LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA.

Folio 30-6914-000-0520
PARCEL 2: THE EAST 1/2 OF THE SW 1/4 OF THE SE 1/4 OF SECTION 14, TOWNSHIP 56 SOUTH, RANGE 39 EAST, MIAMI-DADE COUNTY, FLORIDA.

Folio 30-6914-000-0540
PARCEL 1: THE WEST 1/2 OF THE SW 1/4 OF THE SE 1/4 OF THE SE 1/4, LESS THE SOUTH 35 FEET THEREOF FOR ROADWAY PURPOSES, OF SECTION 14, TOWNSHIP 56 SOUTH, RANGE 39 EAST, MIAMI-DADE COUNTY, FLORIDA.

“A” 1 of 2

KENDALL ASSEMBLAGE NORTH, ID# 30909

Folio 30-6914-000-0531
PARCEL 2: THE WEST 154.52 FEET OF THE NORTH 1/2 OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 AND THE SOUTH 1/2, LESS THE EAST 25 FEET FOR ROAD, OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 56 SOUTH, RANGE 39 EAST, AND LESS ANY PORTION LYING ON A ROAD RIGHT OF WAY FOR SW 232ND STREET, LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA.

Folio 30-6914-000-0530
PARCEL 1: THE NORTH 1/2, LESS THE WEST 154.52 FEET, OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4, LESS THE EAST 25 FEET IN SECTION 14, TOWNSHIP 56 SOUTH, RANGE 39 EAST, LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA.

"A" 2 of 2

D & B PROPERTY, ID# 30253

ASSUMPTION AND ACCEPTANCE OF AGREEMENT RIGHTS

THIS ASSUMPTION AND ACCEPTANCE is made and entered into at Miami-Dade County, Florida this 	 day of 	, 20	 (“Effective Date”).

BLACK CREEK COMMUNITY DEVELOPMENT DISTRICT, a local unit of special purpose government organized and pursuant to Chapter 190, Florida Statutes, as approved by the Miami-Dade Board of County Commissioners per Ordinance 19-28 on April 9, 2019, (“BLACK CREEK CDD”), whose mailing address is: 8785 S.W. 165 Avenue, Suite 200, Miami, Florida 33193, hereby assumes joint right, title and interest in and to that certain Agreement for “D & B PROPERTY,” ID# 30253, between Miami-Dade County (“COUNTY”), a political subdivision of the State of Florida, and D & B INC., a Florida corporation, dated April 1, 2019, recorded in Official Records Book 31392, at Page 3356, of the Public Records of Miami-Dade County, Florida (the “AGREEMENT”), which was assigned to LENNAR HOMES, LLC, a Florida limited liability company (“LENNAR HOMES”), per an ASSIGNMENT, dated May 9, 2019, recorded in Official Records Book 31442, at Page 4264, and amended by ADDENDUM NUMBER ONE, between the COUNTY and LENNAR HOMES, dated August 13, 2019, recorded in Official Records Book 31570, at Page 4164.

This Assumption and Acceptance of Agreement Rights shall take effect only upon the acceptance of same by the COUNTY, covering the real property legally described in Exhibit “A” (the “Property”), attached hereto and made a part hereof.

BLACK CREEK CDD, by these presents, hereby jointly assumes only the duties and obligations of the DEVELOPER under the AGREEMENT related to conveyance of the water and sewer facilities, and is jointly entitled to all the rights of the DEVELOPER under the AGREEMENT, except that LENNAR HOMES shall retain all rights to construction connection charge payments received from parties other than the DEVELOPER who connect to water mains and/or gravity sewer mains installed pursuant to the AGREEMENT, water main oversizing credit payments for oversized water mains installed pursuant to the AGREEMENT, and any other direct payments. The DEPRATMENT recognizes that all duties and obligations of installing the water and sewer facilities are fully completed. The DEPARTMENT also recognizes, consents and approves the addition of BLACK CREEK CDD, as a DEVELOPER under the AGREEMENT, as stipulated herein.
BLACK POINT CDD and LENNAR HOMES, acknowledge that from said effective date forward they shall be collectively the DEVELOPER under the AGREEMENT and agree to abide by all of the terms and conditions of the AGREEMENT.

The COUNTY, by and through the DEPARTMENT, by these presents hereby represents that as of the date of the execution of this Assumption and Acceptance of Agreement Rights, LENNAR HOMES is in good standing and not in default.
With the execution of this Assumption and Acceptance of Agreement Rights, the DEVELOPERS at their own expense shall deliver to the DEPARTMENT an opinion of title for the Property issued by a qualified attorney licensed to practice law in the State of Florida, which states that BLACK CREEK CDD has certain general powers over the Property, as provided by Chapter 190, Florida Statutes, and Ordinance 19-28.
This instrument prepared by: Christopher Schaffer
Miami-Dade Water and Sewer Department 3575 S. LeJeune Road
Miami, Florida 33146-2221

D & B PROPERTY, ID# 30253

IN WITNESS WHEREOF, the parties hereto have caused this Assumption to be executed by their respective officials as of the day and year above written.
WITNESSETH:	MIAMI-DADE COUNTY

signature

print name

By:	
Brandon Garcia, New Business Manager

3575 S. LeJeune Road, Miami, FL 33146	For: Roy Coley, Director
Miami-Dade Water and Sewer Department

signature

print name
3575 S. LeJeune Road, Miami, FL 33146

STATE OF FLORIDA COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by means of: (check one)
□ physical presence; or □ remote audio-visual means, this 	 day of 	, 20  , by Brandon Garcia, New Business Manager, for Roy Coley, Director, of the Miami-Dade Water and Sewer Department, who is personally known to me and did not take an oath.

Notary Public

print name	Serial Number

D & B PROPERTY, ID# 30253

WITNESSETH:	LENNAR HOMES, LLC, A FLORIDA LIMITED LIABILITY COMPANY

	 By:	
signature	signature
Print Name:			Carlos Gonzalez	
Address:		Address:	

signature
Print Name: Address:

STATE OF FLORIDA COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by means of: (check one)
□ physical presence; or □ remote audio-visual means, this 	 day of 	, 20	, by Carlos Gonzalez, who is personally known to me or has/has not produced
	 as identification and did/did not take an oath.

Notary Public

print name	Serial Number

D & B PROPERTY, ID# 30253

WITNESSETH:	BLACK CREEK COMMUNITY DEVELOPMENT
DISTRICT, a local unit of special purpose government organized under and pursuant to Chapter 190, Florida Statutes

	 By:	
signature	signature
Print Name:		Print Name: Address:		Address:

signature
Print Name: Address:

STATE OF FLORIDA COUNTY OF MIAMI-DADE

The foregoing instrument was acknowledged before me by means of: (check one)
□ physical presence; or □ remote audio-visual means, this 	 day of 	, 20  , by 	 , who is personally known to me or has/has not produced 	 as identification and did/did not take an oath.

Notary Public

print name	Serial Number

Approved for Legal Sufficiency:

Assistant County Attorney

D & B PROPERTY, ID# 30253

EXHIBIT "A" OF
ASSUMPTION AND ACCEPTANCE OF AGREEMENT RIGHTS

"A" 1 of 1