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Date:

OFFICIAL FILE COPY CLERK OF THE BOARD
OF COUNTY COMMISSIONERS

Memoran	um

MIAM DADE COUNTY, FL IPA
(Public Hearing 10-24-06)
October 10, 2006

MIAH.

genda Item No.S(D)

To:	Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners

From:

Subject:

Georg w	..-­

Co ·""

Ordinance Creating the Lake Frances Community Development District (Commission District No. 9)	0#06-155

RECOMMENDATION

It is recommended that the Board adopt the attached Ordinance creating the Lake Frances Community Development District (CDD) in unincorporated Miami-Dade County, pursuant to the authority granted by the Miami-Dade County Home Rule Charter for the purposes set forth in Chapter 190 of the Florida Statutes, subject to acceptance of the declaration of restrictive covenants running with the lands within the jurisdiction of the CDD.

BACKGROUND

Lucky Start at Lake Frances, L.L.C., (Lucky Start), owner of the Lake Frances Development (Lake Frances), has filed an application to create the Lake Frances CDD in connection with said development. Lake Frances is a proposed 40-acre residential development lying wholly within unincorporated Miami-Dade County, in the area bounded by theoretical SW 128 Court on the east, SW 132 Avenue on the west, SW 284 Street on the south and SW 280 Street on the north. The COD is designed to provide a financing mechanism for community infrastructure, services and facilities, along with certain ongoing operations and maintenance for Lake Frances. The development plans for the lands within the proposed CDD include construction of a maximum 143 residential units with associated roadway, storm drainage and water and sewer facilities estimated to cost approximately
$2.177 Million. Approval of this CDD does not constitute a development order. A detailed summary of CDD elements, as well as their cost and anticipated lack of fiscal impacts to government agencies, is presented in the attached application submitted by Lucky Start. In accordance with Florida Statute 190, Lucky Start at Lake Frances, L.L.C., has paid a filing fee of$15,000 to the County.

A declaration of restrictive covenants has been submitted consistent with the requirements of Resolution R-413-05 adopted by the Board on April 5, 2005, and as amended by Resolution No. R- 883-06, adopted on July 18, 2006, to add language regarding the option to pay capital assessments in full at time of closing. The restrictive covenant provides for notice in the public records of  the projected taxes and assessments to be levied by the COD, individual prior notice to the  initial purchaser of a residential Jot or unit within the development and provisions for remedial options to initial purchasers whose contract for sale did not include timely notice of the existence and extent of CDD liens and special assessments.

Honorable Chairman Joe A. Martinez . .
and Members, Board of County Conuni. sioneis • Page2	'	'

This Board is authorized by the Florida Constitution and the Miami-Dade County Home Rule Charter to establish governmental units such as this CDD within Miami-Dade County ·and to prescribe such government's jurisdiction and powers.

The roads within this development are public and will be maintained by Miami-Dade County. A special taxing district has been created to maintain this development's lakes and open common areas should any Homeowners Association or the COD be dissolved or fail to fulfill its maintenance obligations. The special taicing district will remain dormant until such time as the Miami-Dade County Board of County Commissioners activates it.

FISCAL IMPACT

The creation of the Lake Frances Community Development District will have no fiscal impact to Miami-Dade County other than normal maintenance of the roads, storm drainage system and water and sewer facilities dedicated to the County.

MEMORANDUM
(Revised)

TO:	Honorable Chairman Joe A. Martinez	DATE: and Members, Board of County Commissioners

October 24, 2006

/M·itf.u/:iy A.

FROM:	SUBJECT: Agenda Item No.	5(0)

Please note any items checked.

"4-Day-Rule" ("3-Day Rule" for committees) applicable if raised

 		6 weeks required between first reading aild public hearing

 		4 weeks notification to municipal officials required prior to public hearing	·

 		Decreases revenues or increases expenditn_res withont balancing bu get

 		Budget required

 		Statement of fiscal impact required

 		Bid waiver requiring County Manager's written recommendation

 			Ordinance creating·a new board requires detailed County Manager's report for public bearing

Housekeeping item (no policy decision required) No committee review

3

Approved	M=a,.,.y=or
Veto		 Override    	

Agenda Item No. · 5(D)
10-24-06

ORDINANCE NO	06-155

ORDINANCE GRANTING PETITION OF LUCKY START AT LAKE FRANCES, L.L.C., A FLORIDA CORPORATION ("LUCKY START" OR ''PETIDONER'') FOR ESTABLISHMENT OF A COMMUNITY DEVELOPMENT DISTRICT; CREATING AND ESTABLISHING LAKE FRANCES COMMUNITY DEVELOPMENT DISTRICT ("DISTRICT"); PROVIDING FOR NAME, POWERS AND DUTIES; PROVIDING DESCRIPTION AND BOUNDARIES; PROVIDING INITIAL MEMBERS OF BOARD OF SUPERVISORS; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE AND AN EFFECTIVE DATE

WHEREAS, the Florida Legislature created and amended Chapter 190, Florida Statutes, to provide an alternative method to finance and manage basic services for community development; and
WHEREAS, Section 1.0l(A)(21) of the Miami-Dade County Home Rule Charter grants

the Miami-Dade County Board of County Commissioners the authority to exercise all powers and privileges granted to municipalities and counties by the laws of this State; and
WHEREAS, Article VIII, Section 6(1) of the Florida Constitution provides for exclusive County Charter authority to establish all governmental units within Miami-Dade County and to provide for their government and prescribe their jurisdiction and powers; and
WHEREAS, Lucky Start at Lake Frances, L.L.C., a Florida Corporation ("Lucey Start" or ''Petitioner") has petitioned for the establishment of the Lake Frances Community Development District (the "District"); and

Agenda Item No. S(D)
Page No, 2

WHEREAS, a public hearing has been conducted by the Miami-Dade County Board of County Commissioners in accordance with the requirements and procedures of Section l90.005(2)(b), Florida Statutes, and the applicable requirements and procedures of the MiamicDade County Home Rule Charter and Code; and
WHEREAS, the District will constitute a timely, efficient, effective, responsive and economic way to deliver community development services in the area, thereby providing a solution to the County's planning, management and fmancing needs for delivery of capital infrastructure therein without overburdening the County and its taxpayers; and
WHEREAS, the Board of County Commissioners finds that the statements contained in the Petition are true and correct; and
WHEREAS, the creation of the District is not inconsistent with any applicable element or portion of the State comprehensive plan or the Miami-Dade County Comprehensive Development Master Plan; and
WHEREAS, the area of land within the District is of sufficient size, is  sufficiently compact, and is sufficiently contiguous to be developable as one functional  interrelated community; and
WHEREAS, the creation of the District is the best alternative available for delivering the community development services and facilities to the area that will be served by the District; and
WHEREAS, the proposed services and facilities to be provided by the District will be compatible with the capacity and uses of existing local and regional community development services and facilities; and
WHEREAS, the area that will be served by the District is amenable to separate special district government; and

Agenda Item No.	5(D)
Page No. 3

WHEREAS, the owner of the property that is to be developed and served by  the community development services and facilities to be provided by the District has submitted an executed declaration of restrictive covenants pledging among other things to provide initial purchasers of individual residential lots with notice of liens and assessments applicable to such
'
parcels, with certain remedial rights vesting in the purchasers of such parcels if such notice is not provided in a timely and accurate manner; and
WHEREAS, having made the foregoing findings, after a public hearing, the Miami-Dade

County Board of County Commissioners wishes to exercise the powers bestowed upon it by Section  l.0l(A)(21) of the Miami-Dade  County  Home  Rule Charter  in   the manner  provided  by
Chapter 190, Florida Statutes; and

WHEREAS, the Miami-Dade County Board of County Commissioners finds that the
',
District shall have those general and special powers authorized by Sections 190.011 and 190.012,	,i

Florida Statutes, and set forth herein, and that it is in the public interest of all of the citizens of Miami-Dade County that the District have such powers,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY

COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:

Section 1,	The foregoing findings, which are expressly set forth herein, are hereby

adopted and made a part hereof.

Section 2.

The Petition to establish the Lake Frances Community Development District

over the real property described in Exhibit A attached hereto, which was filed by Lucky Start at Lake Frances, L.L.C., a Florida Corporation, on March 6, 2006 and which Petition is on file at the Office of the Clerk of the Board, is hereby granted. A copy of the Petition is attached and incorporated herein (Exhibit B).

Agenda Item No.	5 (D)
Page No. 4

Section 3.	The external bo!llldaries of the District shall be as depicted on the location

map attached hereto and incorporated herein as Exhibit C.

Section 4.

Section 5.

The initial members of the Board of Supervisors shall be as follows: Silvia Mesa
Javier Quintero Carlos Pulido Cynthia Bolanos Eileen Losada
The name of the District shall be the "Lake Frances Community

Development District."

Section 6, The Lake Frances Community Development District  is  created  for  the purposes set forth in Chapter 190, Florida Statutes, pursuant to the authority granted by Section 1.01(A)(21) of the Miami-Dade County Home Rule Charter.
Section 7. Pursuant to Section 190.005 (2) (d), Florida Statutes, the charter for the Lake Frances Community Development District shall be Sections 190.006 through 190.041, Florida Statutes.
Section 8.    The Miami-Dade County Board of County Commissioners  hereby grants  to the Lake Frances Community Development District all general powers authorized pursuant to Section 190.011, Florida Statutes, and hereby finds that it is in the public interest of all citizens of Miami-Dade County to grant such general powers.
Section 9.    The Miami-Dade Collllty Board of County Commissioners  hereby grants to the Lake Frances Community Development District the special powers authorized pursuant to Section 190.012 (!), Florida Statutes and Sections 190.012 (2)(a)(d) and (f), (except for powers

Agenda Item No.	5 (D)
Page No. 5

regarding waste disposal), Florida Statutes and Section 190.012 (3), Florida Statutes, and hereby finds that it is in the public interest of all citizens of Miami-Dade County to grant such special powers; provided that the District's exercise of power under Section 190.012(l)(b) Florida Statutes,
pertaining  to water, waste water and  reuse water services  shall be pursuant to that Declaration  of
'
Restrictive Covenants submitted to the Board of County Commissioners in connection with the petition.
Section IO.	All bonds issued by the Lake Frances Community Development District

pursuant to the powers granted by this ordinance shall be validated pursuant to Chapter 75, Florida Statutes.
Section 11.	No bond, debt or other obligation of the Lake Frances Community

Development District, nor any default thereon, shall constitute a debt or obligation of Miami-Dade County, except upon the express approval and agreement of the Miami-Dade Board of County Commissioners.
Section 12.	Notwithstanding any power granted to the Lake Frances Community

Development District pursuant to this Ordinance, neither the District nor any real or personal property or revenue in the district shall, solely by reason of the District's creation and existence, be exempted from any requirement for the payment of any and all rates, fees, charges, permitting fees, impact fees, connection fees, or similar County rates, fees or charges, special taxing  districts special assessments which are required by law, ordinance or County rule or regulation to be imposed within or upon any local government within the County.
Section 13.	Notwithstanding any power granted to the Lake Frances Community Development District pursuant to this Ordinance, the District may exercise the power of eminent

0#06-155
Agenda Item No. S(D)
Page No. 6

)		domain outside the District's existing boundaries only with the prior specific and express approval of the Board of County Commissioners of Miami-Dade County.
Section 14.	This  Board   hereby   accepts   that   Declaration   of  Restrictive  Covenants

proffered  by  the  owners  of  the  lands  within  the jurisdiction  of  the Lake  Frances  Community
'
Development District, in connection with the petition submitted by Lucky Start at Lake Frances, L.L.C., and approved herein.
Section 15.	If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 16. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance shall be excluded from the Code of Miami-Dade County.
Section 17. This ordinance shall become effective ten (10) days after  the  date  of  enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.

PASSEDANDADOPTED:	October 24, 2006

Approved by County Attorney as to form and legal sufficiency:

Prepared by: Gerald Heffernan

EXHIBIT "A"

Engineers • Plonners • Surveyors

1350 S.W. 57th AVENUE
SUIIE 207
WEST MIAMI, FLORIDA 33144
m. 305.265.5030
FAX. 305.265.5033
E·MA1L avino@ovinoondassociotes.com
EB 0005098
LB 0005098

LAKE FRANCES SUBDIVISION LEGAL DESCRIPTION

Lots 1 thru 65 of Block 1; Lots 1 thru 29 of Block 2; Lots 1 thru 5 of Block 3; Lots 1 thru 5 of Block 4; Lots I thru 39 of Block  5; and Tract "A"  and Tract "B", according  to the plat thereof as recorded in Plat Book 165 at Page 39 of the Public Records of  Miami­ Dade County, Florida,

I hereby certify that the above-mentioned legal description is true and  correct to the best of my :wwledge and belief,

P:\01107.00_Lake Frances Subdivision\Docs\Lake Frances subdivision (Legal descriptions).doc
,l[)

EXHIBIT "B"

INRE:	AN ORDINANCE TO ESTABLISH	)
THE LAKE FRANCES	)
COMMUNITY DEVELOPMENT DISTRICT	)

PETITION

Petitioner, Lucky Start at Lake Frances, LLC. ("Petitioner"), hereby  petitions the Miami-Dade County Commission to establish a Community Development District ("District") with respect to the land described herein and in support of the Petition, Petitioner states:

l.  The proposed  District  is located  within the unincorporated area of Miami- Dade County. Exhibit 1 depicts the general location  of  the  project.  The  proposed District covers approximately 40 acres of land. The metes and bounds description of the external boundaries of the District is set forth in Exhibit 2. There is no  real  property within the external boundaries of the proposed District, which is to be excluded from the District.

Attached to this Petition as Exhibit 3 and made a part hereof is the written consent to the establishment of the District  by the contract purchaser of the real  property to be included in the District. Exhibit 3A, attached to and made part of this Petition is the written consent of the 100% landowner of the property.

The five persons designated to serve as initial members of the Board of Supervisors of the proposed District are as follows:

Silvia Mesa	15492 SW 96th Terrace	Miami, Fl 33196	
Javier Quintero	16560 SW 82nd Street	Miami, Fl 33193	
Carlos Pulido	8566 SW 165th Place	Miami, Fl 33193	
Cynthia Bolanos	24356 SW 107th Place	Miami, Fl 33032	
Eileen Losada	12841 SW 267th Street	Miami, Fl 33032	

The proposed name of the District to be established is Lake Frances Community Development District ("LFCDD").

There are no existing major trunk water mains, sewer interceptors or outfalls currently existing on the site.

The proposed timetable for the construction of District services is shown  on Exhibit 4A and the estimated cost of constructing the services,  based  on  available data, is shown on Exhibit 4B. These are good faith estimates but are not binding on the Petitioner or the District and are subject to change.

I
//

Petitioner is in the process of developing the project as a residential community. The proposed uses for the land within the District are 143 residential units. The proposed uses for the land included within the proposed District are in compliance with Miami-Dade County Future Land Use Element. The County Master Plan and Future Land Use Element designate the land contained within the proposed District for low density residential. The future general distribution, location and extent of publjc and private uses of land proposed for the area within the District are shown on Exhibit 5..

Exhibit 6 is a Statement of Estimated Regulatory Costs prepared m accordance with the requirements of Section 120.541, Florida Statutes.

Exhibit 7 is the boundaries map of the community development district.

l 0.	Exhibit 8 contains the resumes of the proposed Supervisors of the District.

l l. Petitioner hereby request that the proposed district be granted the right to exercise the powers provide for in Sections 190.012(1), 2(a) and 2(d), Florida Statutes, as amended.

The Petitioner is Lucky Start at Lake Frances, LLC. whose address  is 12515 Kendall Drive #326, Miami, Fl 33186.

The property within the proposed District is amenable to operating as an independent special district for the following reasons:

Establishment of the District and all land uses and services planned within the proposed District are not inconsistent with applicable elements or portions of  the effective Miami-Dade County Comprehensive Development Master  Plan,  as amended.

The area of land within the proposed District is part of a unified plan of development for which a development plan has been or will be approved by Miami-Dade County. The land encompassing the proposed District  is of sufficient size and is sufficiently compact and contiguous to be developed as one functional interrelated community.

The community development services of the District will be compatible with the capacity and use of existing local and regional community development services and facilities.

The proposed District will be the best alternative available for delivering community development services to the area to be served because the District provides a governmental entity for delivering those services and facilities  in  a  manner that does not financially impact persons residing outside the District and provides a responsible perpetual entity capable of making reasonable provisions  for  the operation and maintenance of the District services and facilities in the future.

I   z._.

WHEREFORE, Petitioner respectfully requests the Miami-Dade County Commission to:

I. Hold a public hearing as required by Section 190.005(2) (b), Florida Statutes to consider the establishment of the LAKE FRANCES COM!Wl ITY DEVELOPMENT DISTRICT and;

2.   Adopt  an  ordinance  pursuant  to Chapter  190,  Florida  Statutes,  g anting this Petition and establishing the LAKE FRANCES COMMUNITY  DEVELOPMENT DISTRICT.

Respectfully submitted this  	

day of 	/_ _t_:	2006.
,;
LUCKY START AT L-tKE F.lµNCES, LLC
,,,./

---,-   -	.	,.?-
l>y' J&¢EFinmANDEZ,MANAGING MEMBER
12515 Kendall Drive #328
Miami, Fl 33186

3

EXHIBIT3
AFFIDAVIT OF OWNERSHIP AND CONSENT TO THE CREATION OF THE
LAKE FRANCES COMMlJNITY DEVELOPMENT DISTRICT

STATE OF FLORIDA	)
COUNTY OF MIAMI-DADE	)

On this  1 '!th  day of    February	2006, personally appeared 'before me, an officer duly authorized to administer oaths and take acknowledgments, Jorge Fernandez. who after being duly sworn, deposes and says:

l.		Affiant, Jorge Fernandez, an individual, is a Managing Member  of,  Lucky Start at Lake Frances. LLC. a Florida Limited Liability Company.

The Lucky Start at Lake Frances. LLC is the owner of the following described property, to wit:
See Exhibit "A" attached hereto (the "Property")

Affiant Jorge Fernandez, hereby represents that he has  full  authority  to execute all documents and instruments on behalf of the Company,  including the Petition before the Board of County Commissioners of Miami-Dade
County,   Florida,   to   enact   an   ordinance   to   establish   the Lake  Frances	}
Community Development District (the "Proposed CDD").

The property represents all of the real property to be included in the Proposed CDD.

Affiant, Jorge Fernandez on behalf of Lucky Start at Lake Frances.  LLC. as  the owner of the property in the capacity described above, hereJ?y consents to the establishment of the proposed CDD.

FURTHER, AFFIANT SA YETH NOT

 	-	.- ....-..	
Jorgy"Fernaiidez

.  Subscribed and sworn to before me this   i4	day of T.,;,,t.',,u,,._.,,,1/' . 2006 by 		_
_ _,V:"'0"-.r'-"•lc.ee_· t' ·- 7e=.,."-''--''"c,"'-'',.,-:,=;-=·ercc·-".,::_,=,----'------• who· personally appeared
before ine, and is personally known.	Notary:c.::.:,,.,-7-:·"":.- ···---­
Print Name:   ££ei1..n     ,/4,:::; .(.rff..... 

Notary Public, State of Florida

(cf

Joinder Form
TO MIAMI-DADE COUNTY
Gentlemen:
1110 wtdersigned, being Banlmnitcd, FSB the mortgagee of the following described property, in Miami-Dade County, Florida, to-wit:

The Northwest ¼ of the Northeast ¼ of Section 2, Township 57 South, Range 39 East, in Miami-Dade County, Florida; less the following strip of land described as the North 35.00 feet, less the West 35.00 feet thereqf, of the Northwest¼ of the Northeast¼ of Section 2, Township 57 South, Range 39 East, in Miami-Dade County, Florida.
AND

The Northeast ¼ of the Northeast ¼ of Section 2, Township 57 South, Range 39 East, less the North 550 feet of the East 1125 feet and less that part of the East 907.3 feet of the Northeast¼ oflhe Northeast¼ lying south of the North 550 feet in Miami-Dade County, Florida; less the following strip of land described as the North 35.00 feet of the Northeast¼ of the Northeast¼, less the East 1125 feet thereof; of said Section 2, Tov,mship 57 South, R.mge 39 East, in Miami-Dade County, Florida.

does hereby and herewith join with Lucky Start at Lake Frances LLC., a Florida Limited Liability Corporation and others in the pending petition for creation of a Community Development District for Lake Frances as described in
petition dared A1, ,t , 3 J 200 which includes, the above referred to parcel ofland. ,-::=-,.

 		. ,4..,?	::; /	$eNi   ;  	.,
71	<Jticardo !M.oraus/'rrlice-pruulent
<Batt.{_Vtziw1; PS!B

STATE OF FLORIDA
COUNTY OF MIAMI-DADE
e,S"e,ivi {J,--.
I HP.REBYt;;:_TIFY  ton this day, before_ me, an officer duty qualified to take acknowledgments, personally appeared 'R.ft;artfo
:M.oraf:es, Vue-presitfent of <Ban{Vnitetf, !FSQJ personaJJy known to me, or who produced identification in the form of
t/ \f)·	,   and	who   executed	the	foregoing	resolution	and	acknowledged	before	me	that
fl-\ \ch   @.S,Q !{Cf(! l:f,	executed.thesameforthepwposeshereinexpressed.

-

WITNESS my hand and official seal in the County and State last aforesaid, this 7,..-rd day	of (21,.lfj,, , 200<.

M)• Commission expires: 	_

-

Engineers • Planners O SurveyoH

1350 5.W. Sith AVENUE
SUlfE107
WEST MIAMI, fl0RIOA 33I44
ffl 305.165.S030 FAX. 30i165.5033
E·MA!L ovino@o•1inoondas:;ociares.com
fB 0005098
LB 0005098

LAKE FRANCES SUBDIVISION LEGAL DESCRIPTION

Ill,

.•,

i•i• Avino &!	[UTt

Lots I thru65 of Block  I;  Lots 1 thru29ofBlock2: Lots  I  thru5 of Block  3; Lots  I  thru 5 of Block 4; Lots I thru 39 of Block 5; and Tract "A"  and Tract "B", according  to the plat thereof as recorded in Plat Book 165 at Page 39 of the Public Records of Miami­ Dade County, Florida.

t_'./{l;i//4

I hereby certify that the above-mentioned legal description is true and correct to the best of mv :10wledge and belief

_      /I	1/ -

Jor/e	. Avifi6
/	Sta 1 of Florida Professional Surveyor and Mapper #4996

P ·n I 1117 OO Lakc Franc :- Subi.liv1s1011\00cs'.l.ake Francl!s suhdn•ision (Legal descriptions) due

STATEMENT OF ESTIMATED REGULATORY COSTS
Introduction

Purpose and Scope

This Statement of Estimated Regulatory Costs ("SERC") supports the pe11t10n to establish the Lake Frances Community Development District ("District"). The District comprises approximately 40 acres of land located in the unincorporated area of.Miami­ Dade County, Florida. The limitations on the scope of this SERC are explicitly set out in Section 190.002(2) (d), F.S. (governing District establishment) as follows:

"That the process of establishing such a district pursuant to uniform  general law shall be fair and based only on factors material to managing and financing the service delivery function of the district, so that  any matter concerning permitting or planning of the development is not material or relevant (emphasis added)."

Overview of Lake Frances Community Development District

The District is designed to provide district infrastructure, services,  and facilities along with their operations and maintenance to a master planned residential development containing 143 residential dwelling units within the boundaries of the District.

Requirements for Statement of Estimated Regulatory Costs

Section 120.541(2), F.S. (1997), defines the elements a statement of estimated regulatory costs must contain:

A good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a general description of the types of individuals likely to be affected by the rule.

A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and  any anticipated effect on state and local revenues.

A good faith estimate of the transactional costs likely to be incurred  by individuals and entities, including local governmental entities, required to comply with the requirements of the ordinance. As used in·this paragraph, "transactional costs" are direct costs that are readily ascertainable based upon standard business practices. and include filing fees, the cost of obtaining a license. the cost of equipment  required  to be installed or used or procedures required to be employed in complying with the rule. additional operating costs incurred, and the cost of monitoring and reporting.

An analysis of the impact on small businesses as defined by Section  288.703,  F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. Miami-Dade County is not defined as a small County for purposes of this requirement.

Any additional information that the agency determines may be useful.

In the statement or revised statement, whichever applies, a description of  any good faith written proposal submitted under paragraph (I)  (a) and either a statement  adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed ordinance.
"Note: the references to '"rule'' in the statutory requirements for the Statement of Estimated Regulatory
Costs also apply to an "ordinance" under section 190.005(2) (a). Florida Statutes."

2.0    A good faith  estimate of  the number of individuals  and entities likely to  be required to comply with the ordinance, together with a general description of the types of individuals likely to be affected by the ordinance.

The Lake Frances Community Development District serves land that comprises a 40 acre residential development to be made up of an estimated 143 residential homes. The estimated population of the residential portion of the District is 214. The property owners in the District will generally be individuals and families.

A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state or local revenues.

There is no state agency promulgating any rule relating  to this project that .is anticipated to effect state or local revenues.

Costs to Governmental Agencies of Implementing and Enforcing Ordinance

Because the results of adopting the ordinance is establishment of a local special purpose government, there will be no enforcing responsibilities of  any other government  entity, but there will be various implementing responsibilities which are identified with  their costs herein.

State Governmental Entities

There will be only modest costs to various State governmental entities to implement and enforce the proposed establishment of the District. The District as established on the proposed land, will encompass under 1,000 acres, therefore, Miami-Dade County is the establishing entity under 190.005(2), F.S. The modest costs to various State entities to implement and enforce the proposed ordinance relate strictly to the receipt and processing of various reports that the District is required to file with the State and its various entities. Appendix A lists the reporting requirements. The costs to those State agencies that will

2

receive and process the District's reports are very small, because  the District is only one  of many governmental units that are required  to submit  the various  reports.  Therefore, the marginal cost of processing one additional set of reports is inconsequential. Additionally, pursuant to section 189.412, F.S., the District must pay an annual fee to the State of Florida Department of Community Affairs which offsets such costs.

Miami-Dade County

There will be only modest costs to the County for a number of reasons. First, r view  of  the petition to establish the District does not include analysis  of  the  project  itself. Second, the petition itself provides much of the information needed for a staff review. Third, the County already possesses the staff needed to conduct the review without the need for new staff. Fourth, there is no capital required to review the petition. Finally, the County routinely process similar petitions though for entirely different subjects, for land uses and zoning changes that are far more complex than is the petition to establish a community development district.

The annual costs to Miami-Dade County, because of the establishment of the District, are also very small. The District is an independent unit of  local  government.  The  only annual costs the County faces are the minimal costs of receiving and  reviewing  the various reports that the District is required to provide to the County, or any monitoring expenses the County may incur if it establishes a monitoring program for this District. However, the Petitioner has included a payment of $15,000 to offset any expenses the County may incur in the processing of this Petition, or in the monitoring of this District.

Impact on State and Local Revenues

Adoption of the proposed ordinance will have no negative impact on state or local revenues. The District is an independent unit of local government. It is designed  to provide infrastrncture facilities and services to serve the development project and  it  has its own sources of revenue. No state or. local subsidies are required or expected.

In this regard it is important to note that any debt obligations incurred by the District to constrnct its infrastructure, or for any other reason, are not debts of the State of Florida or any other of local government. In accordance with State law, debts of the District are strictly its own responsibility.

A good faith estimate of the transactional costs likely to be incurred by individuals and entities required to comply with the requirements of the ordinance.

Table 1 provides an outline of the various facilities and services the proposed  District  may provide.

3

Table 1

LAKE FRANCES COMMUNITY DEVELOPMENT DISTRICT

Proposed Facilities and Services

FACILITY	FUNDED BY	O&MBY	OWNERSHIP BY	
Earthwork	CDD	CDD	CDD	'	
Wastewater System	COD	County	County	
Water Supply System	CDD	County	County	
Surface Water Mana!!ement	CDD	CDD	COD	
Roads and Paving	CDD	County	County	

The petitioner has estimated the costs for providing the capital facilities outlined in Table
The cost estimates are shown in Table 2 below. Total costs for those facilities, which may be provided, are estimated to be approximately $2,177.000. The District may issue special assessment bonds to fund the costs of these facilities. These bonds  would  be repaid through non ad valorem special assessments levied on all properties in the District that may benefit from the District's infrastructure program as outlined in Table 2.

Prospective future landowners  in  the  District  may  be  required  to  pay  non-ad  valorem assessments  levied  by  the  District  to  secure  the  debt  incurred  through  bond  issuance.  In addition  to  the  levy of  non ad  valorem  special  assessments  for  debt  service,  the District	) may also impose a non-ad valorem assessment to fund the operations and maintenance of
the District and its facilities and services.

Furthermore, locating in the District by new  property  owners is completely  voluntary. So, ultimately, all owners and users of the affected property choose to accept the non ad valorem special assessments by various names and user fees as a tradeoff for the benefits and facilities that the District provides.

A Community Development District ("CDD") provides property  owners with the option of having higher levels of facilities and services financed through self-imposed assessments. The District is an alternative means to manage necessary development services with related financing powers. District management is no more expensive, and often less expensive, than the alternatives of a municipal service taxing unit (MSTU), a property association, County provision, or through developer equity and/or bank loans.

In considering these costs it shall be noted·that owners of the lands to be included within the District will receive three major classes of benefits.

First, landowners in the District will receive a higher long-term sustained level of public services and amenities sooner than would otherwise be the case.

Second, a CDD is a mechanism for assuring that the community services and amenities will be completed concurrently with development of lands within the District.  This satisfies the revised growth management legislation, and it assures that growth pays for itself without undue burden on other consumers. Establishment of the District will ensure that these landowners pay for the provision of facilities, services and improvements to these lands.

Third, a CbD is the sole form of governance which allows District landowners, 'through landowner voting, to determine the type, quality and expense of District services they receive, provided they meet the County's overall requirements.

The cost impact on the ultimate landowners in the District is not the total cost for the District to provide infrastructure services and facilities. Instead, it  is  the  incremental costs above what the landowners would have paid to install infrastructure via  an alternative management mechanism. Given the low cost of capital for a CDD, the cost impact to landowners is negligible. This incremental cost of the  high  quality infrastructure provided by the District is likely to be fairly low.

Table 2

LAKE FRANCES COMMUNITY DEVELOPMENT DISTRICT

Cost Estimate for District Facilities

Earthwork	$ 290,000	
Wastewater Svstem	$ 509,000	
Water Sunnlv Svstem	$ 484,000	
Surface Water Management	$ 603,000	
Roads and Paving	$ 224,000	
Landscaping	$	67,000	

TOTAL	
$2,177,000	

5

Table 3

LAKE FRANCES COMMUNITY DEVELOPMENT DISTRICT

Estimated Construction Timetable For District Facilities

Cate1mrv	Completion Date	
Earthwork	March2006	
Stormwater Drainage Svstem	Aoril 2006	
Water System	Aoril 2006	
Sewer System	Anril 2006	
Roads and Paving	Aoril 2006	
Landscaping	Jttlv2006	

An analysis of the impact on small businesses as defined by Section  288.703, F.S.,and an analysis of the impact on small connties and small cities as defined by Section 120.52, F.S.

There will be no impact on small businesses because of the establishment of the District. The Miami-Dade County has an estimated population in 20063 that is  greater  than 10,000; therefore the County is not defined as a "small" County according to Section 120.52, F.S, and there will accordingly be no impact on a small County because of the formation of the District.

6.0	Any additional useful information.

The analysis provided above is based on a straightforward application  of  economic theory, especially as it relates to tracking the incidence of regulatory costs and benefits. Inputs were received from the Petitioner's Engineer and other professionals  associated with the Petitioner.

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

APPENDIX A
LIST OF REPORTING REQUIREMENTS

REPORT

FL.STATUTE	DUE DATE CITATION

Annual Financial Audit

Annual Financial Report

TRIM Compliance Report

11.45		within 45 days of audit completion, but no later than 12 months after end of fiscal year

within 45 days of financial audit completion, but no later than 12  months after end of fiscal year; if no audit required, by 4/30

2006.068 no later than 30 days following the adoption of the property tax levy ordinance/resolution (if levying property taxes)

Form I: Statement of Financial	112.3145	within 30 days of accepting interest the	
		appointment, then every year thereafter by 711 (by "local officers" appointed to	
		special district's board); during the	
		qualifying    period,  then   every	year	
		thereafter by 7/1 (by "local officers" elected to special district's board)	
Public Facilities Report	189.415	within one year of special district's	
		creation; then annual notice of any	
		changes; and updated report every 5 years, 12 months prior to submission	
		of local government's evaluation and	
		appraisal report	
Public Meetings Schedule	189.417	quarterly, semiannually, or annually	
Bond Report	218.38	when issued	
Registered Agent	189.416	within 30 days after first meeting of	
		governing board	
Proposed Budget	189.418	prior to end of current fiscal year	
Public Depositor Report	280. l 7	annually by l l/30	

EXHIBIT4B GOOD FAITH ESTIMATE
CONSTRUCTION COSTS ESTIMATES
LAKE FRANCES COMMUNITY DEVELOPMENT DISTRICT

EARTHWORK	I $ 290.000	I
WASTE WATER SYSTEM	1  $  so9.ooo
WATER SUPPLY SYSTEM	I $ 484,ooo
   SURFACE WATER MANAGEMENT	1 $ so3,ooo
ROADS AND PAVING	I$ 224,000
LANDSCAPING	Is a1.ooo
TOTAL ESTIMATED PROJECT COSTS	1 s2.111,ooo

Peiilion•E hibir 48

EXIIlBIT4A GOOD FAITH ESTIMATE
ESTIMATED INFRASTRUCTURE CONSTRUCTION TIME TABLE LAKE FRANCES COMMUNITY DEVELOPMENT DISTRICT

IMPROVEMENT	START DATE	COMPLETE DA.TE	
EARTHWORK	JULY2005	MARCH2006	
WASTE WATER SYSTEM	SEPTEMBER 2005	APRIL2006	
WATER SUPPLY SYSTEM	SEPTEMBER 2005	APRIL2006	
SURFACE WATER MANAGEMENT	JANUARY 2005	APRIL2006	
ROADS AND PAVING	FEBRUARY 2005	APRIL2006	
LANDSCAPING	MAY2005	JULY2006	

Pclillon-f.>JubitJA

DISTRICT BOUNDARIES

SW	280	ST

281 LN

.. --_,_
;

SW	284	ST

LAKE FRANCES.	N
COMMUNITY DEVELOPMENT DISTRICT

(COMM. 009)
SECTION: 2-57-39	EXHIBIT "C"

15942 SW 96 Tm
Mforni  Fl. 3) 196

30S·382-9699 e-rnail
smCS,1aJ,!11cky tartho cum

Silvia A. Mesa

Objective	To demonstrate my abilities as an adminfatralor and cash managt:men1 advisor

                     1989-1990
Cashiet Manager

La Giralda Stor	San Juan . Puerto Rico

Cashier Manager for 5 registers.
Implemented a new Lay-away system organization.
Manage 5 registers closings at the- end of the day.

1990-1992
Office Manager

Hammocks Estates Coni:;truction	Miamj. FL

Implemented tiles systems for vendors and subcontractors.
Accounts payable manager and p,.ocessor.
Management of all bank accounts.

1992-l994	Elccrronic-s Di5tributors
Semor5ales Represenfative
Office Manager.
Implemented computer system for inventoi-y process,
Expanded sales to include mass.market accounts.

Miami. FL

Ma.riage all cash receipts and international account receivables.

1995-Today
Administrator

Lucky Start Construction Group	Miami, Fl.

Accounts Payable manager for all companies.
Administration of all cash receipts fur an company's projects.
Developed Construction Draw system to comply with bank requirements. including inspections: done at the job sites once- a month.
Supervise and confirm closing.,i; with attorneys and title companies.
Developed a Construction progress report to forecast closings Jates.
Handle more that25 bank accounts for all Lucky Start group-s companies.
Management of Human Resources.
Payroll processor.
Cash budget annalist.

Education	1988-1989	Universit.lad Catolica	Cardcas. Venezuela
I year of Accounting.

l 989-1990	Universidad Santa Maria
I year Business Administration
1990-1993	Miami Dade Community College
Associate fn Arts
1993- I998	Florida International University
Bachelor of Business Administration

San Juan, Puerto Rico Miami, FL Miami. Fl

JA Vll'R J	Page I or2

JAVIER J. QUINTERO
980! Collins Avenue  Unit 19-J
Ball Harbour,  Florida 33 15-+
 	(305) 86:i-67'l2 / _j11vierjquintcrnq(ll!)":1h1w.co01	

F.IHTATION

Master of International Marketing
Univcrsidad Eafit. Mctlellfn. Colombia.

Bachelor of Science in Business Administration. Univcrsidad Jose Mada Vargas. Can1cas, Venezuela

Graduated: December 2000

Graduated: Scptembc·r I ()93.

EXPERIENCE

March 2001 -
Prescnl

August 2001 -
March 2002

April 1997-
August 2001

.January 1993 -
.J,rnuary 1994

/Hruwgeme11t A1U1(1'.<il
L11cky Start Lt<l. Miami. Florida, U.S.A.
Responsible for analyzing and galhcring daia, developing information and finding alternall! methods of accomplishing our high expectations. He prepares and reviews operational repor!s and schcdule.s lo nsun: Accuracy and efficiency. Mr. Quintero plans the study of work problerns and procedures.

Opr!r{l/irms :Hmwger
Oolphin Expressway Amoco. Mi::iini, Florida. U.S.A.
In charge of the: daily operations ofa full s.:rvice <.1s station. Ensmcd proper .iceounling ofinvent(lry. cash rnllection and r.. xpenditurcs. Maintained rehHionship with Amoeo Corporate Ollice.

A4an"ger ,if l11tern11titmal Bu: ine.r.r De11elopme11t
Transporte Eduardo Botero Soto y Cia. Lttla. Medellin, Coloinhi,1
Started as an A:u1.vta11f Atlntilli.vtrative ,\tlmtager, with thi: function cc, analyze tht: organizarional and operational  strocrurc  b  tween  various  divisions,  strt:mnlining,  the  internal  administrative   process   and Improving.  the   external   client   service.   Implemented   internal   cost   reduction   procedures   improving bot1(1rn­
li11  protirnbility. ln April 1998. prumoled  to Cretlit  mu/  Coflectirm.-. :'J,f{uurgc!r. Mmrnged  a  pool or l 5  crc:dit
and collections personnel. supervising the approval. collcctio11 .-inc.I termim1tio11 prnccdures. Ddennincd 1he eredit wm1hiness of new clients and  lligh-risk  existing  accounts.  Developed  collection  strategics  for delinquent accounts. Coordinated and monitored the annual budget for forccnsled  revenue:-;  and  cash collections. Prepared monthly benchmarking reports comparing actual resl1lts to budgeted results. Annly7.ed histotical vehicle utillzation and related financial factors to determine the ppropriate client  mix  for  optimal return. During. the lasl year with this enterprise. was promoted to i'f.lmutger af lllrerll(Uional Bu.,•ine...:s De11e/apme11I ......-ith the goal or developing a marketing st.ra1cgy to expand services to xisting dii.:nts and penetra\t.: new markets within lhc Andean and U.S. marketpl.1ee. M.:1in1ained all rc:sponsihililie<, l<ir th1.: credit and collcetion:-; relntcd tu imernational clients.

Corpc,rafl! /J<tnkittg Credit Offke.r
Banco F.xtcr-ior C.A. Caracas. Venezuela.
Conducted Due Diligence on existing and prnspectivc corporali.! clients. Prepared and present eredit
anal_y-sis to the banking credit committee for  approval  of  various  credit  facilities.  Managed  the  elient relationships of over 7) accounts. facilitating. the seamless access lo all areas or the Hank

OTHER Received a Level 10 certification for- Ouency in the English Lang1rngc, 1995
EL.S L.tnJ?;Ua e Center. PhilaJelphi:1. Pennsylvania

I "27.'2006

.IAVILRJ	Page 2 nf2

Received ccrtificmion!i in the fol!owi11g arci:\'>:
Structured AnaJysis for Operations Internal Audit for Quality Contrnl Statistical Analysis for Quality Control

L':2712006

Carlos  L. Pulido
8566 SW 165TH PLACE
Miami, FL 33193
(308) 408-1161; {786) 236-2492
carpulido69@hotmail.com	January 2006

Objective.

To be iocorpnratc<l as a Co r Analy::.t ;\fonagcr/Projcct i\·fanagcr in a South-Florida
\c:tding Consrn.1ccion Corporation.

Qualifications.

Bnchdor cleg,cc in Mechanic Engineering. ( 1984)

Education,

Bachelor l)cgrcc in 1\lc.-'ch:1nical Engirn.:ning. (1984)
<Jualiry ( :onrrol (1985)
Bus:-incs .-\c..lmini:-.rrarion.(199.1)
l3utlgct nml  Planning  .(1994) International Com1ncrcc and Salcs.(1995) Union Contract Ncgoci.ations. (1995) Mortgage B.rnker (2004)

Relevant Expetience.

<iunlity .\ssurnncc Dep't in lNTEVEP/PDVS,\--Vcnezucla (1985-1986)
.,\:,; a Quality .Assurance Engineer, tleveloping and implanting a Quality Conrrol Handbook for \V/nrkshop actjvities.
* Quality Control Department Chief at TA RCA. (1986-1987)
:\n industrial workshop manufacturing bolts, screws and nuts in bron:;,:c for Pneum.aric fitting.,; pur.posc.
General i\fanagcr at \-1ETRO de C..\R..i\CAS siinaling contractor
FC< )Sl:_:-,.;( ! 988/95). l;n:nch c1>n1 ractor in Signaling and control I·'.yuipmcnt for Sul>wa ·s Systems. Progrn111min antl managcme11t
l'rcvcntivc an<l corrective maintenance Services for all the systems. Dealing with Union Employees discussing Employments c;onr.mccs, and :\dminlsrrnt.ivc issue:-:.

Carlos L. Pulido
8566 SW 165m PLACE
Miami, FL 3. 193
(305) 408-1161; (786) 236-2482
carpulido69 i•hotmail.c,,m	January 2006

;;, Ltrin-Atncrican Sales lvfanagcr in SURAT., Aluminu1n rl'ransmission wire
\·fonufacmrcr (1995-1996).A.:- a South/Ccntral-An1erican Sales lvfam1gcr, <.kaJing wirh
]neats .-\luminum. manufacturer. and Elccrtic/1.ighting Power:- Corporarjon in Co]Clmbia, Ecuador, Peru. Chile, Argentina. Costa Rica, J-:1 Salvador, & Panam:1.

' Commercial Dirceror in CORl'ORACIO\: INTl::Rt'-i,\CIONJ\l. SPR,C.A. a Naval Aids Representative Corporation. (1996-tuday).
Doing Corporate sales to Government agencies in Venc7.uela, System & cc:1uipmcnt Related with Naval Navigatjon ,\ids. Representing a l!S Company. TJDfcL\ND S!C,NAL CORPORATION frnm Houston, Texas

1 TL·chnnical Sah:s  Support  in  Reprcscnt:1cioncs  f l\:IAX",C:.,\.,  ,\,·lation  p,1rt:,  & Scn·ices, ,1:-. an :t socia1t·d party.C1999 • 2011.1). Doing Corpo.rntc Sales to \'cnczuclnn Co\'crnmcnr   Anny,  Navy,  ,\i.r   Force  anJ   N  trional  (iuard   trough   ot<lina1-r Budgeting o especial en<lo,vmcnt law (Umbrella I .aw-).

l.cac.ling lo\iVERSIONF.S ECROl\ROKERS,C.A.as a Tcchnnical &
Sak$ Rcptcscntarive in Venczueb on bcha1f US & Canadian Aviation Corporation::; ('1999 · 2003). Dealing \.vith Venezuelan n: ion,,I Govc.rnmcnrs in lt·chnical oo<ls procurements. (agrict1Iturc, L·nv cnfotccmcnt, rransporrntion anti
<Hrcarfr).

t" Cost ,\naly:n Manager in T.CCK'{ START Developer & Contractor since 2004 nnd current.

Further References available upon request.

3/

CYNTHlt\	BOLANC)S

<1UJFCTl\"f.

To nbr:ii11 a ri.:spcinsihlc antl drnllcngini,!; pnsirion \vhcn; my educu11111 aml \l.'ork expc:rwnce will h:1'>·t· t·aluabk application.

F'\11I HI f-::--.,1,I-:

21101-l'rcscnt	I.ucky SrnrL. foe.	f\[inm1, FI.
.· frfoun/s P ,'t1hlt1 RcprcJ'r!ll!dlive
Proct.'.ss dala enny for all :mb-comracror:-' invoices for all rojccrs.
P1·cp;1rc rcporr for extra services hilled b)' rhc !mb cnnrnictors.
Pn pare rt:lcascs r.il" lien for all sub-co11rr:u..:tors.
Rt.·s1mns1bll' for m:oun1s payablc fllt all ccm1pnnit·s.
fom1gc auikkrs Risk Ins., f.'(on<l ln'.-., and \"\-'iml lus. fvr all the hnusc·s.
Prt'patc reporl "Sold 1 louses'' or ·'Changes" to rhc b:rnks.
f\fanagc Lcttr.:r of Credits for all companies.
Prepare ho11st·s for bauk's ;1t1dii:.
Answer teh:phom:.

I 1.J'J(1- 2 llll I	l.'  11:t.11cl:l  ( :nnsLruction,  Inc.	l\liam1, l·I.
l.1:,ist,111/ ,fowmt,1111 / Sc,r l<I!}' / RiYt:fl'ifl111i/

)	• Proo.!ss weekly parroll for :ill emplurcc::..
Calculate compm1r and personnel ta fonn .
File, retrieve am.I dasiff}, mail, facsimiles :rnd vt:ndnr invoices.
Rcsponsihlc for nccOunn; payable.
R<:spnnsiblt' for accmtnts -recl ivablc.
Rcconcik bank statcnic1Hs
!\-fon;tg<: nmhiplc rdcphOIW lines.

1992-·1995	\Valgrccns
Full CbuJJ!,t' P,ook.{<:.etrper
In Ch:ugt· of ;\ccouills Payable.
Prc-rmn:d infonn;nio11 frn· t·mplnyccs's pnyroll.
"	Rcc<)ncilcd store purchases and c:-.pcnse ledger.
J\-ra11agc<l cusrnm.crs CtJn1plain1.ii.

f\. imi, i'l.

FDI.:C.-\TI( )J\

1998	r,,.fia1ni-J):i.dc Ct.1mml111i1y College:	i\liami, 1·;1.
Vocational   Credit   Cer(ificate   ill   ,-\ccornuing  Opcrn1ions   /	Business
.-\dnllnlsrrnrion .

/,ll  '.-\!1.  1·!.   "; ,,12	l'll(l :a ,·.,,5, .::l:,; c:,,,;·,

Eileen Losada
I mr,-1 SW 237 l(IIW Mwmi. f.L 13032 l'/1111111. (105) 257..J?71J

Objective	To seek for a challenging position in lhc company with an opportunity for
.idvarn.:cmcnt.

Experience	2001-Prescnt	t.ucky Start, Inc.
Administrative Assistant
Answer the phone.

Miami, 17L

Prepare dosing list .:ind send ir by fax  to all  i>rojects and Title Comp:mics
In chargi::-  of  sending closing. doCumenl'i  to Cwaomc:rs.  Banks. and Tide
t ·ompany.
Retricv and classify incoming imtl outgoing nrnil.
J>repare and send "Notice to Owners·· to all sub-con!rnctors.
Prepare files ready for closing.
In charge of making ull the letters for the Architect"> for all Projects.
Responsible for .ill tiling.
In chnrgc t0 give the checks to the suh-contractor.\ and make sure that they sign
!he releases of lien.
Responsible for all sub-contraclors' insurance and keep the information up-dale.
Prepare report for e:-..-ua services paid by clients.
Proct:ss all Certificate of Completions ;md send it tu all Projects. lktnJ..:s. and Tille: C'ompany.
Responsible to order lhl! office supplies.
Prepare and nmke copies of the releases of lien: for the sub-co11tn.1cl<\1"S and for the \loticc to Owners and i.end it to the banks.
Process new pennits and send it lo all tile projects.
Process and open new mes for clicnls and sub contractors.
Data Entry of nil clients· information.
Prepare fax to pay water meters nnd send request by fax to install them.

llN8-'.!00I
Office Assistant

Golden Rcstaunuu Corp.	:Vliami. Fl.

Process biweekly payroll IOr four :v1cl>onald'.s Restaurants.
File, Retrieve and classilY mail, facsimiles and vendor invoices
Reconcile bank statements.
Manage telephone.
t::xpnm.lcd snles to include mass-market accounts.

Education	r-.-fimni-Oade Communily Collt!ge
1-.'nglish

This instrument was oreoared bv:	
Name: Address:	Robert D. Norris
Special District Services, Inc.
11000 Prosperity Farms Road, Suite 104 Palm Beach Gardens, FL 334 I 0		

'
(Space Reserved for Clerk)	
DECLARATION OF RESTRICTIVE COVENANTS

WHEREAS, the undersigned Owner holds the fee simple title to the land described in the attached Exhibit A (the "Property"), located in Miami-Dade County, Florida (the "County"); and
WHEREAS,  Owner desires  to  provide certain  covenants to the County Board  of County

Commissioners (the "Board") in support of a Petition (the "Petition") for creation of the Lake

Frances Community Development District (the "District") filed March 6, 2006, and approved pursuant  to Ordinance No. 	enacted  by  the Board on	(the
"Ordinance"), in accordance with the requirements of Chapter 190, Florida Statutes, and Section 1.0l(A)(21) of the County Home Rule Charter; and
WHEREAS, among those covenants are provisions for the timely, accurate, and enforceable disclosure, to all prospective initial purchasers who have entered or will enter into
contracts   for   improved   residential   units   within   the   Property   (each   a  "Prospective Initial

Purchaser''), of the obligation to pay to the District: (I) the pro-rata share for each Dwelling Unit (defined below) of the cost of the acquisition, construction, reconstruction, and equipping of certain public infrastructure which benefit the Property either as a one time assessment at the time of closing or as an annual assessment based on the debt service on bonds to be issued by the
District  to  finance  such  capital  costs  until such  bonds  are  retired  (collectively,  "Capital

Assessments"),  and   (2)  the  costs  associated   with   (i)  operations   of   the  District   including

administration  ('Operations  Assessments")  and  (ii) maintenance  of public  infrastructure  by the

District  ("Infrastructure Maintenance  Assessments"; Operations  and  Infrastructure Maintenance

Assessments are hereinafter collectively referred to as "Administrative Assessments"); and

WHEREAS, other covenants made by Owner include provisions for the long-term maintenance of infrastructure serving the Property including, but not limited to, roadways, drainage, and landscaping; and
WHEREAS, such covenants of Owner are made in order to assure the Board that the representations made by Owner in support of the Petition will be abided by,
NOW, THEREFORE, Owner freely, voluntarily, and without duress, and on behalf of   its heirs, successors, and assigns, makes the following Declaration of Restrictive Covenants
covering and running with the Property (this "Declaration"):

COVENANTS.
Public Records Notice of Existence of DistrictThis Declaration shall serve

as notice in the public records of the County that unless the District is terminated in accordance

with the requirements of Chapter 190, Florida Statutes, and such termination is reflected in the public records of the County, the Property and all lands, parcels, lots, and units located within the District's boundaries are subject to the Capital Assessments and Administrative Assessments levied and imposed by the District, subject only to the exceptions or exemptions from such assessments expressly provided by Florida law.
CDD and Purchase Contract Notices.

Owner shall be required to provide to each Prospective Initial Purchaser of an improved individual residential lot or unit within the Property (individually, a

2	>5

"DwelJing Unit") written notice of the estimated annual Capital Assessments and Administrative

Assessments (the "CDD Notice") to be imposed  on such individual Dwelling substantially  in the

form  attached  hereto  as  Exhibit  B  prior  to,  or  contemporaneously  with,  the  execution  of  a

purchase  and sale contract ("Purchase  Contract")  for such  Dwelling  Unit.   For  the purposes of

this Declaration, the term "Owner" means each seller of Dwelling Units within the Property. Notwithstanding the foregoing, if a Prospective Initial Purchaser executed a Purchase Contract before the effective date (JO days after enactment) of the Ordinance but was not given an contemporaneous CDD Notice, Owner may still give the CDD Notice to such Prospective Initial Purchaser; provided, however, such CDD notice must be given together with  the  following written notice and must be sent to such Prospective Purchaser by certified mail, professional overnight delivery or hand delivery, with return receipt, not later than the first business day following the Effective Date of the Ordinance:
THE DWELLING UNIT YOU ARE PURCHASING IS SUBJECT TO A COMMUNITY	DEVELOPMENT			DISTRJCT	AND	A	RELATED DECLARATION OF RESTRJCTIVE COVENANTS WHICH REQUIRES THAT CERTAIN NOTICES BE GIVEN TO PURCHASERS BY OWNER. THIS NOTICE AND THE ATTACHED CDD NOTICE ARE BEING GIVEN TO YOU PURSUANT TO SUCH DECLARATION. PLEASE NOTE THAT THE D!STRJCT PLANS TO ISSUE OR HAS ISSUED BONDS THAT WILL HAVE PRINCIPAL AND INTEREST PAYMENTS APPLICABLE TO THIS DWELLING UNIT OVER A PERIOD OF UP TO THIRTY (30) YEARS TO FUND		CONSTRUCTION	OF	INFRASTRUCTURE   SERVING	THE PROPERTY IN THE ESTIMATED AGGREGATE AMOUNT OF lll.li(i. THIS DWELLING UNIT SHALL BE ASSESSED AN ESTIMATED CAPITAL ASSESSMENT OF $1.U§Q IF PAID IN FULL AT CLOSING OR AN ESTIMATED ANNUAL CAPITAL ASSESSMENT OF $1,045 FOR ITS PROPORTIONATE SHARE OF DEBT SERVICE ON THE BONDS UNTIL SUCH BONDS ARE PAID IN FULL. WHETHER THE CAPITAL ASSESSMENT IS PAID ONE TIME AT CLOSING OR IN ANNUAL INSTALLMENTS JS AT THE OPTION OF THE PURCHASER TO BE EXERCISED AT THE TIME OF CLOSING. THE ATTACHED NOTICE FULLY DESCRJBES YOUR OBLIGATIONS. YOU MAY ELECT TO RESCIND THE PURCHASE CONTRACT FOR A PERJOD OF THIRTY (30) DAYS   FOLLOWING    RECEIPT   OF  THIS  NOTICE.		UPON SUCH ELECTION, OWNER SHALL RETURN ALL MONIES PAID BY YOU AS THE	PROSPECTIVE	INITIAL		PURCHASER		REGARDING	THE PURCHASE OF THE REAL PROPERTY IDENTIFIED IN THE PURCHASE CONTRACT WITHIN TEN (!O) CALENDAR DAYS AFTER RECEIVING YOUR WRITTEN NOT[CE THAT YOU HAVE ELECTED TO RESCIND

3

THE PURCHASE CONTRACT, AND ALL OTHER PROVISIONS OF THE DECLARATION OF RESTRICTIVE COVENANTS NOT INCONSISTENT WITH THE REMEDIES SET FORTH HEREIN SHALL  GOVERN.  NO OTHER REMEDIES ARE AVAILABLE TO PURCHASER WHETHER OR NOT YOU ELECT TO RESCIND EXCEPT IN THE EVENT OF AN OWNER DEFAULT WITH RESPECT TO THE CDD NOTICE AND THEN ONLY IN ACCORDANCE WITH THE DECLARATION.

Owner shall promptly refund any amounts due under the foregoing notice if a Prospective Initial Purchaser properly rescinds a Purchase Contract during the time provided. No other remedies provided in Section 1.4 shall be available to a Prospective Initial Purchaser who terminates a Purchase Contract pursuant to the foregoing notice.
Owner shall also provide substantially the following disclosure

("Purchase Contract Notice") on the first page of each Purchase Contract executed after the Effective Date of the Ordinance for a Dwelling Unit within the Property, immediately after disclosure of the purchase price for the Dwelling Unit:
THIS DWELLING UNIT IS WITHIN A COMMUNITY DEVELOPMENT DISTRICT ("DISTRICT").	THE DISTRICT PLANS TO ISSUE OR HAS ISSUED BONDS THAT WILL HAVE PRINCIPAL AND INTEREST PAYMENTS APPLICABLE TO THIS DWELLING UNIT OVER A PERIOD OF uP TO THIRTY (30) YEARS TO FUND CONSTRUCTION OF INFRASTRUCTURE SERVING THE PROPERTY IN THE ESTIMATED AGGREGAIB AMOUNT OF $31,356. THIS DWELLING UNIT SHALL BE ASSESSED AN ESTIMATED CAPITAL ASSESSMENT OF $15,360 IF PAID IN FULL AT CLOSING OR AN ESTIMATED ANNUAL CAPITAL ASSESSMENT OF $1,045 FOR ITS PROPORTIONATE SHARE OF DEBT SERVICE ON THE BONDS UNTIL SUCH BONDS ARE PAID IN FULL. WHETHER THE CAPITAL ASSESSMENT IS PAID ONE TIME AT CLOSING OR IN ANNUAL INSTALLMENTS IS AT THE OPTION OF THE PURCHASER TO BE EXERCISED AT THE TIME OF CLOSING. THESE AMOUNTS ARE DUE OVER Tr!E TERM OF THE BONDS IN ADDITION TO	THE	PURCHASE	PRICE.	INITIAL	PURCHASER	ALSO
UNDERSTANDS THAT IF THE ACTUAL ANNUAL CAPITAL ASSESSMENTS   ON  THE  DWELLING   UNIT  ARE MORE  THAN  FIVE
PERCENT (5%) HIGHER THAN THE ESTIMATED AMOUNT PROVIDED HEREIN, INITIAL PURCHASER SHALL HAVE THE RIGHT TO RESCIND THIS AGREEMENT AT ANY TIME PRIOR TO CLOSING. INITIAL PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT THE ESTIMATED AMOUNT OF CAPITAL ASSESSMENTS DOES NOT INCLUDE ADMINISTRATIVE ASSESSMENTS WHICH SHALL BE LEVIED BY THE DISTRICT FOR OPERATIONS AND INFRASTRUCTURE MAINIBNANCE AND MAY VARY FROM YEAR TO YEAR AND FROM TIME TO TIME.   IN THE EVENT  OF ANY CONFLICT  BETWEEN  THE

4	'>r

DISCLOSURES IN THIS PROVISION AND THE ATTACHED CDD NOTICE, THE CDD NOTICE SHALL CONTROL.

PURCHASER'S INITIALS:

Owner shall cause each Prospective Initial Purchaser to initial the Purchaser Contract Notice where indicated.
Relief to Prospective Initial Purchaser for Owner Default.

Owner shall provide relief, in the manner provided by this Section

1.3 to any Prospective Initial Purchaser who has not yet closed on a Dwelling Unit if any one of

the following events shall occur (an "Owner Default"):

Owner fails to provide a timely CDD Notice or Purchase Contract Notice as required; and/or
Owner provides a timely CDD Notice; however, such CDD Notice underestimates the aggregate or monthly actual Administrative Assessments  for  the District's first three fiscal years by more than five percent (5%); and/or
1.3.1.3.0wner provides a timely CDD Notice and/or Purchase Contract; however, such CDD Notice and/or Purchase Contract Notice underestimates the actual Capital Assessment, if paid in full at closing, by more than five percent  (5%)  and/or  monthly actual Annual Capital Assessments by more than five percent (5%).
In the event of any Owner Default that is not cured by  a timely  Late Notice (as hereinafter defined), a Prospective Initial Purchaser may, in writing (a
"Termination Notice"), elect to rescind the Purchase Contract at any time prior to closing. Upon such election, Owner shall return all monies paid by the Prospective Initial Purchaser regarding  the purchase of the real property identified in the Purchase Contract within ten (I 0) calendar

5	3&---

days after receiving written notice from the Prospective Initial Purchaser that such Prospective Initial Purchaser has elected to rescind the Purchase Contract. No other remedies provided in Section 1.4 shall be available to a Prospective Initial Purchaser who terminates a Purchase Contract pursuant to this provision.
Prior to the receipt of a Termination Notice from a Prospective Initial Purchaser affected by an Owner Default, Owner shall have an opportunity to cure any
Owner Default by providing a written notice (a "Late Notice")  to such  affected  Prospective Initial Purchaser  (i) prior  to closing and (ii) within  the later of ninety (90)  days from (x) the date
of execution  of  the  Purchase  Contract  or  (y) the Effective  Date  of  the Ordinance  (the  "Cure

Period"). If the OWner Default set forth in Section 1.3.1.3 is due solely to a fluctuation  of  interest rates on the bonds once the pricing of the bonds is completed, Owner shall have the opportunity  to cure  such  Owner  Default  by  providing  a  written  notice  setting  forth  the new
annual Capital  Assessments  to such  affected  Prospective  Initial Purchaser  (the "Extended Late

Notice")  no  later than  the earlier  of  (i) the closing date  of the Dwelling  Unit or (ii) ninety (90)

days from the pricing of the bonds (the "Extended Cure Period"). An Owner Default cannot be cured as to an affected Prospective Initial Purchaser after the expiration of the applicable Cure Period or applicable Extended Cure Period. If Owner provides (i) a Late Notice to a Prospective Initial Purchaser during the applicable Cure Period or (ii) an Extended Late Notice during applicable Extended Cure Period, then such Prospective Initial Purchaser may  still  elect  to rescind the Purchase Contract at anytime for a period of thirty (30) days following receipt of Late Notice or Extended Late Notice. Upon such election, Owner shall return all monies paid by the Prospective Initial Purchaser regarding the purchase of the real property  identified  in  the Purchase Contract within ten (I 0) calendar days after receiving written notice from the

6

Prospective Initial Purchaser that such Prospective Initial Purchaser has elected to rescind the Purchase Contract. No other remedies provided in Section 1.4 shall be available to a Prospective Initial Purchaser who receives an accurate Late Notice or Extended Late Notice during the Cure Period or Extended Cure Period, as applicable, regardless of whether the Prospective Initial Purchaser elects to rescind the Purchase Contract.
Every Late Notice or Extended Late Notice sent by Owner to a Prospective Initial Purchaser must include the' following in bold type in a font at least as large as the largest font in such Late Notice or Extended Late Notice (with correct type of notice indicated):

THE DWELLING UNIT YOU ARE PURCHASING IS SUBJECT TO A COMMUNITY DEVELOPMENT DISTRICT AND A RELATED DECLARATION OF RESTRICTIVE COVENANTS WHICH REQUIRES THAT  CERTAIN  NOTICES  BE  GIVEN  TO  PURCHASERS   BY  OWNER.
THIS IS A {LATE NOTICE or EXTENDED LATE NOTICE] UNDER SUCH DECLARATION. IF OWNER PROVIDES YOU WITH nns{LATE NOTICE
or EXTENDED LATE NOTICE] DURING  THE  APPLICABLE  CURE PERIOD, THEN YOU AS A PROSPECTIVE INITIAL PURCHASER MAY STILL ELECT TO RESCIND THE  PURCHASE  CONTRACT  FOR  A PERIOD OF THIRTY (30) DAYS FOLLOWJNG RECEIPT OF THIS {LATE NOTICE or EXTENDED  LATE  NOTICE].  UPON  SUCH  ELECTION, OWNER SHALL RETURN ALL MONIES PAID BY YOU AS THE PROSPECTIVE INITIAL PURCHASER REGARDING THE PURCHASE OF THE REAL PROPERTY IDENTIFIED IN THE PURCHASE CONTRACT WITHIN TEN (10) CALENDAR DAYS AFTER RECEIVING  YOUR WRITTEN NOTICE YOU HAVE ELECTED TO RESCIND THE PURCHASE CONTRACT., AND ALL OTHER PROVISIONS  OF  THE  DECLARATION OF RESTRICTIVE COVENANTS NOT INCONSISTENT WITH THE REMEDIES SET FORTH HEREIN SHALL GOVERN.  NO  OTHER REMEDIES PROVIDED IN SECTION 1.4 OF THE DECLARATION SHALL BE AVAILABLE TO YOU AS A PROSPECTIVE INITIAL PURCHASER IF YOU RECEIVE THIS {LATE NOTICE or EXTENDED LATE  NOTICE] DURING THE APPLICABLE CURE  PERIOD,  REGARDLESS  OF WHETHER YOU AS A PROSPECTIVE INITIAL PURCHASER ELECT TO RESCIND THE PURCHASE CONTRACT.

,.".,_
i'

If the Owner Default involves the failure to provide a Purchase Contract Notice or Owner provided a Purchase Contract Notice in substantially the correct form and location; however, such Purchase Contract Notice underestimated the actual Capital

7	l/O

Assessment, if paid in full at closing, by more than five percent (5%) and/or the annual Capital Assessments by more than five percent (5%), then the Late Notice or Extended Late Notice shall also contain the following:
YOUR PURCHASE CONTRACT PROVIDES THAT THE PURCHASE PRICE   FOR   YOUR  DWELLING   UNIT  IS AS  FOLLOWS:		[INSERT PURCHASE PRICE INFORMATION]. THIS DWELLING UNIT IS OR WILL BE WITHIN A COMMUNITY DEVELOPMENT DISTRICT ("DISTRICT"). THE DISTRICT PLANS TO ISSUE OR HAS ISSUED BONDS THAT WILL HAVE PRINCIPAL AND INTEREST PAYMENTS APPLICABLE TO THIS DWELLING UNIT OVER A PERIOD OF UP TO THIRTY (30) YEARS TO FUND	CONSTRUCTION	OF	INFRASTRUCTURE	SERVING	THE PROPERTY IN THE ESTIMATED AGGREGATE AMOUNT OF $31,356. THIS DWELLING UNIT SHALL BE ASSESSED AN ESTIMATED CAPITAL ASSESSMENT OF $15,360 IF PAID IN FULL AT CLOSING OR AN ESTIMATED ANNUAL CAPITAL ASSESSMENT OF $1,045 FOR ITS PROPORTIONATE SHARE OF DEBT SERVICE ON THE BONDS UNTIL SUCH BONDS ARE PAID IN FULL. WHETHER THE CAPITAL ASSESSMENT   IS  PAID   IN  FULL   AT  CLOSING OR  IN	ANNUAL INSTALLMENTS IS AT THE OPTION OF THE PURCHASER TO BE EXERCISED AT THE TIME OF CLOSING.THESE AMOUNTS ARE DUE OVER THE TERM OF THE BONDS IN ADDITION TO THE PURCHASE PRICE. PURCHASER ALSO UNDERSTANDS THAT IF THE ACTUAL ANNUAL CAPITAL ASSESSMENTS ON THE DWELLING UNIT ARE MORE THAN FIVE PERCENT (5%) HIGHER THAN THE ESTIMATED AMOUNT PROVIDED HEREIN, PURCHASER SHALL HAVE THE RIGHT TO RESCIND THIS AGREEMENT AT ANY TIME PRIOR TO CLOSING. PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT THE ESTIMATED AMOUNT OF CAPITAL ASSESSMENTS DOES NOT INCLUDE  ADMINISTRATIVE  ASSESSMENTS	WHICH SHALL BE LEVIED BY THE DISTRICT FOR OPERATIONS AND INFRASTRUCTURE MAINTENANCE AND MAY VARY FROM YEAR TO YEAR AND FROM TIME TO TIME. IN THE EVENT OF ANY CONFLICT BETWEEN THE DISCLOSURES IN THIS PROVISION AND THE ATTACHED CDD NOTICE, THE CDD NOTICE SHALL CONTROL.

If the Owner Default involves the failure to provide a CDD Notice or Owner provided a timely CDD Notice; however, such CDD Notice  underestimated (i) the actual aggregate Administrative Assessments for each of the District's first three fiscal years by more than five percent (5%) and/or (ii) the actual Capital  Assessment,  if paid  in full at closing, by more than five percent (5%) and/or the actual annual Capital Assessment by more than five percent (5%), then the Late Notice or Extended Late Notice must also include a CDD Notice, if

8	c.((

the Owner Default involves a failure to provide a CDD Notice or an accurate revised  CDD Notice, if the Owner Default involves a timely but inaccurate CDD Notice.
Relief to a Prospective Initial Purchaser Who Actually Closes . on a

Dwelling Unit After an Uncorrected Owner Default.

In the event Owner fails to give a Prospective Initial Purchaser a timely CDD Notice, and such failure is not corrected by a timely and accurate Late Notice, then
a Prospective Initial Purchaser that closes on the Dwelling Unit ("Actual Initial Purchaser") may demand, in writing, that Owner pay such Actual Initial Purchaser (i) the amount necessary to prepay all Capital Assessments principal, and interest on such Capital Assessments principal due through the next applicable bond payment date respecting the Dwelling Unit plus (ii) an amount equal to the sum of the share of the actual Administrative Assessments levied by the District on such Dwelling Unit for the District's first three (3) fiscal years immediately following the closing respecting the Dwelling Unit.
In the event that Owner gave to an Actual Initial Purchaser (i) both a timely CDD Notice and Purchase Contract Notice and either underestimated the actual Capital Assessment, if paid in full at closing, by more than five percent (5%) and/or the actual annual Capital Assessments (as set forth in Table I of the CDD Notice) by more than five percent (5%) and such underestimate was not corrected by a timely and accurate Late Notice or Extended Late Notice or (ii) a timely CDD Notice and no Purchase Contract Notice, if applicable, and the CDD Notice underestimated the actual Capital Assessment, if paid in full at closing, by more than five percent (5%) and/or the actual annual Capital Assessments by more than five percent (5%) and such underestimate was not corrected by a timely and accurate Late Notice or Extended Late Notice, then such Actual Initial Purchaser may demand, in writing, that Owner (a) pay such

9	C( z_

actual Initial Purchaser, in the event he or she elects to pay the Capital Assessment in full at closing, an amount equal to the difference between the actual Capital Assessment due at closing and the estimated Capital Assessment due at closing disclosed in the CDD Notice to the Actual Initial Purchaser or pay such Actual Initial Purchaser, in the event he or she elects  to  pay an annual Capital Assessment, an amount equal to the difference between the  actual  aggregate amount of annual Capital Assessments, calculated over the term of the  bonds,  levied  and  imposed by the District on such Dwelling Unit and the aggregate amount of estimated annual Capital Assessments, calculated over the term of the bonds, actually disclosed in the CDD Notice to the Actual Initial Purchaser or, (b) if less, the amount necessary to prepay all Capital Assessments principal and interest on such Capital Assessments principal through the next applicable bond payment date with respect to the Dwelling Unit.
In the event that Owner gave an Actual Initial Purchaser a timely CDD Notice and such CDD Notice underestimated the  actual  annual  Administrative  Assessments by more than five percent (5%) and such underestimate was not corrected by  a  timely and accurate Late Notice, then such Actual Initial Purchaser may demand, in writing, that Owner pay such Actual Initial Purchaser an amount equal to the difference between the actual amount of the Administrative Assessments levied and imposed by the District on such Dwelling Unit and the amount_ of estimated Administrative Assessments disclosed to the Actual Initial Purchaser in the CDD Notice calculated for the District's first three (3) fiscal years immediately following the closing based on the initial actual annual Administrative Assessments.
Upon such demand by an Actual Initial Purchaser under  this Section 1.4, Owner shall deliver the applicable amount to the Actual Initial Purchaser within ten
(10) calendar days after: (I) receipt of written demand, or (2) after the date Capital Assessments

10	cf3

and Administrative Assessments first become payable, whichever is later, unless Owner and Actual Initial Purchaser agree to another manner or time of  payment.  An  Actual  Initial Purchaser shall provide to Owner written notice of election of remedy  in this  Section on  or before one (1) year after the earlier of (1) the date that Capital Assessments and Administrative Assessments  first appear  on the Actual Initial Purchaser's  Combined  Real Property  tax  bill for
the affected  Dwelling Unit or (2) if such assessments  are directly billed by the District and do not

appear on the Actual Initial Purchaser's Combined Real Property tax bill, then the date that such Capital Assessment and Administrative Assessments first appear on any bill sent to the Actual Initial Purchaser by the District for the affected Dwelling Unit. After the expiration of that year, Owner shall not be obligated to provide any relief to such Actual Initial Purchaser under this Declaration.
Nothing in this Section 1.4 shall be construed to relieve any Actual Initial Purchaser of the individual Dwelling Unit of liability for all lawful taxes and assessments including, but not limited to, any tax liability resulting from Owner's payments to such Actual Initial Purchaser under Section 1.4.
Additional Disclosure through District Sign. Owner shall display at every entrance to a sales office or area, in a conspicuous location readily available for viewing by Prospective Initial Purchasers of Dwelling Units, a sign with information about the District. The remedy provisions discussed in Section 1.4 shall  not apply to this Section.  Such sign(s) shall be no smaller than twenty-four inches by thirty-six inches (24" x 36"), and shall contain  the following language in substantially similar form in large, boldface type:

11

LAKE FRANCES COMMUNITY DEVELOPMENT DISTRICT

PURSUANT TO CHAPTER 190, FLORIDA STATUTES, THE LAKE FRANCES COMMUNITY DEVELOPMENT DISTRICT MAY IMPOSE TAXES OR ASSESSMENTS, OR BOTTI TAXES AND ASSESSMENTS, ON THIS PROPERTY THROUGH A SPECIAL TAXING DISTRICT. THESE TAXES AND ASSESSMENTS PAY THE CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES OF THE DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD IN ADDITION TO COUNTY AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED   FOR  BY  LAW.	THE LAKE FRANCES COMMUNITY DEVELOPMENT DISTRICT EXPECTS TO ISSUE BONDS TO FINANCE A PORTION	OF	THE	CONSTRUCTION	OF	REQUIRED	PUBLIC INFRASTRUCTURE IN LAKE FRANCES COMMUNITY DEVELOPMENT DISTRICT.		A PURCHASER OF PROPERTY IN LAKE FRANCES COMMUNITY DEVELOPMENT DISTRICT WILL BE OBLIGATED TO PAY ANNUAL ASSESSMENTS TO AMORTIZE THE DEBT AND FOR DISTRICT ADMINISTRATION, WHICH AMOUNTS ARE SEPARATE FROM THE PURCHASE PRICE OF THE PROPERTY AND OTHER ASSESSMENTS ON THE PROPERTY, AND WHICH MAY VARY FROM YEAR TO YEAR AND FROM TIME TO TIME. THE TOTAL ANNUAL ASSESSMENTS VARY IN RELATION TO TIIE INFRASTRUCTURE BENEFIT ALLOCATED TO THE PROPERTY ASSESSED, AND ARE EXPECTED TO APPEAR ON A PURCHASER'S PROPERTY TAX BILL EACH YEAR, BUT MAY BE BILLED DIRECTLY BY THE LAKE FRANCES COMMUNITY DEVELOPMENT DISTRICT.	A PURCHASER SHALL HAVE THE OPTION TO PAY IN FULL AT ANY TIME THE PRO RATA SHARE, AS ALLOCATED TO THE PURCHASER'S PROPERTY, OF THE TOTAL AMOUNT OF DISTRICT CAPITAL ASSESSMENTS DUE. FOR FURTHER INFORMATION ON THE LAKE FRANCES COMMUNITY DEVELOPMENT DISTRICT AND A PURCHASER'S BENEFITS AND OBLIGATIONS RELATING THERETO, CONTACT SPECIAL DISTRICT SERVICES, INC., 1!000 PROSPERITY FARMS ROAD, SUITE !04, PALM BEACH GARDENS, FL 33410; (561) 630-4922 OR TOLL FREE (877) 737-
4922."

Inspection of District Records by County RepresentativesOwner shall allow or provide for the District to allow County representatives to review all pertinent records in order to assess the overall performance of Owner in providing timely and accurate disclosure of estimated Capital Assessments and Administrative Assessments on Dwelling Units within the District. Prompt access shall be provided without prior notice of inspection by the County representatives, but only during normal business hours and without disruption  of  sales operations. The purpose of such inspection is only to determine  Owner's  overall  compliance with the aforementioned notice requirements and such inspection shall not authorize the County

12	1/J

to seek any relief provided under Section I.4, either on behalf of itself or on behalf of any Prospective Initial Purchaser or Actual Initial Purchaser.
Sole	Provider	of	Water,	Wastewater,	and	Reuse	ServiceOwner acknowledges	and agrees that the Miami-Dade County Water and Sewer Department
("WASD"), or its successor agency or department, shall be the exclusive provider of water, wastewater, and reuse service to all lands within the Property. Service shall be provided by WASD in accordance with its general policies and procedures for providing service throughout the County.
Application for Multi-Purpose Special Trucing District to Maintain

InfrastructureThe  costs  of  maintaining   the  infrastructure  constructed   with  funding provided

through  the District  shall  be the responsibility of the District  and  its successors  and assigns. In

order to  assure that such maintenance  is  performed,  however,  on or  before  the  recording of a	\
)
final plat on any portion of the Property, Owner shall apply to the Board for the creation of a multi-purpose special taxing district to maintain the infrastructure serving the Property including, but not limited to, roadways, drainage, walls, and landscaping, as applicable. Upon approval of  the multi-purpose special taxing district by the Board, such trucing district may remain dormant until, in the sole and exclusive opinion of the Board, both the District and any homeowners' or similar association shall have failed to maintain the infrastructure serving the Property, as such failure is defined in any easement and/or covenant recorded in the public records and governing the infrastructure or similar agreement _provided by Owner, or in the absence of such easement, covenant or agreement, as determined by the Board. Upon such determination, the Board shall authorize the activation of the multi-purpose special taxing district and cause the infrastrncture to be maintained at the expense of such taxing district. By this provision, Owner hereby authorizes

13	Lf6

the Board and its officials, employees, and agents to enter upon the Property if the special taicing district is activated for the purpose of maintaining the infrastructure serving the Property. Owner further agrees to apply, at the time of plat, replat, or waiver of plat, as applicable, to provide for  an easement for the benefit of the County and providing that at any and all times  during  which the infrastructure or any portion thereof is maintained by the County, the public shall have' a right of perpetual access and use in those portions of the Property on which  the  infrastructure is located including, but not limited to, the roadways serving the Property.
BENEFITS AND ENFORCEMENT.
The covenants set forth in Sections 1.2, 1.3 and 1.4 shall run and be in

favor of and to the benefit of Prospective Initial Purchasers and Actual Initial Purchasers of

individual Dwelling Units within the Property, and their heirs, successors, and assigns, and shall be enforceable exclusively by such persons. After an individual Dwelling Unit has been once conveyed to an Actual Initial Purchaser, no further notice shall be required to be provided by Owner to any purchaser of a Dwelling Unit if the same has been improved with a residence. If a Dwelling Unit is conveyed as unimproved land, then such Dwelling Unit shall not be deemed to have been conveyed to a Prospective Initial Purchaser or Actual Initial Purchaser, and all of the covenants set forth in Sections 1.2, I.3 and 1.4 shall apply to the Dwelling Unit and any Owner offering such Dwelling Unit for sale to Prospective Initial Purchasers.
The covenants set forth in Sections 1.6, I.7 and 1.8 sl;iall run and be in favor of and to the benefit of the County or any successor municipal government, and shall be enforceable exclusively by such governmental entity.

Enforcement shall be by action against any party or person violating, or attempting to violate, any covenants herein. The prevailing  party in any action or suit pertaining to or arising out of this Declaration shall be entitled to recover, in addition to costs and

disbursements allowed by law, such sum as the Court may adjudge to be reasonable for attorney and paraprofessional fees and costs and expenses and trial and upon appeal. This enforcement provision shall be in addition to any other remedies available at law or in equity, or both.
COVENANT  RUNNING WITH THE LAND,
This Declaration on the part of Owner shall constitute a covenant running with the land and shall be recorded, at the expense of Owner in the public records of the County, following the acceptance by the Board  of an ordinance approving  the creation of the District, and shall remain in fufl force and effect and be binding upon the undersigned Owner, and its successors  and assigns,  until  such  time  as  the same  is modified  or released.	These restrictions during their lifetime shall be for the benefit of, and litigation upon, all present and future owners  of the Property and for the public welfare. Owner, on behalf of itself and its heirs, successors, and assigns, acknowledges that acceptance of this Declaration does not in any way  obligate  the County to undertake the construction or maintenance of any infrastructure or any other duty or obligation of the District.
TERM.
This Declaration is to run with the land and shall be binding on all parties and all persons claiming under it for a period of thirty (30) years from the date this Declaration is recorded, after which time it shall be extended automatically for successive periods of ten  (10)  years  each, unless an instrument signed by the then owner(s) of the Property has been recorded agreeing to change the covenant in whole, or in part, provided_ that the Declaration has first been modified or released by the County.
S.	MODIFICATION, AMENDMENT, OR RELEASE.
This Declaration may be modified, amended, or released as to the land herein described,  or any portion thereof, by a written instrument executed by the then owner(s) of all of the
1s	Yg,

Property, or of such portion as will be affected by the modification, amendment, or release, including joinders of any and all mortgagees, provided that the same is also approved by the Board, after public hearing.
Should this Declaration be modified, amended, or released, the County Manager or successor official of the County, or the assistant in charge of the office in the County Manager's absence, shall forthwith execute a written instrument effectuating and acknowledging such modification, amendment, or release.
ELECTION OF REMEDIES.

All rights, remedies, and privileges granted herein shall be deemed to be cumulative, and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall such exercise preclude the party exercising the same from exercising such other additional rights, remedies, or privileges.
SEVERABILITY.
Invalidation of any one of the covenants herein by judgment of Court shall not affect any of the other provisions of this Declaration  which shall remain in full force and effect.  However, if any material portion of the covenants herein is invalidated and such provision is not timely amended or replaced, or cannot be timely amended or replaced in an enforceable way with materially the same effect as the invalidated provision, the County shall be entitled to revoke any approval predicated upon the invalidated portion. It shall be Owner's obligation to apply for and diligently pursue any such application for amendment or replacement.
ACCEPTANCE OF DECLARATION.

Owner acknowledges that acceptance of this Declaration does not obligate the County in any manner with respect to the District, or with respect to any land use application on the Property, nor does it entitle Owner to a favorable recommendation or the approval of any
16	lf;

application, zoning or otherwise, and the Board and/or any Community Zoning Appeals Board and other County boards, officials, and employees retain full authority to approve or deny such application.
IN WITNESS WHEREOF, the undersigned has set its hand and seal to this Declaration

of Restrictive Covenants this    3rd     day of   August 2006.

OWNER:
Lucky Start at Lake Frances, LLC

By:	Jorge Fernandez, fyfapag_in1f}\'fember
/	.,/
Signature:	 	.,.(" /4 ,.-/ _•
Name:	·-J;Y,'-· )H k:,,,A,,;:J·/
Owner's Addriss: 12515 Kendall Drive
#328, Miami, Fl 33186
STATE OF FLORIDA COUNTY OF MIAMI-DADE

The foregoing instrument was acknowledged  before me  by  Jorge  Fernan 'tffe 		_ of  	_,this 3r   d	day of	AuguSE	20° 6 who is personally  known to me or who produced		...,  '4			as identification.	-	----•·--· --·	.. --

Notary   Public,   State  of   Florida   at Large

)'	P.nN  ame:	;.-  , >J/ //,r//    /,:'	//,I.A/d'.:1
My commissiorJxpires: ,1/;;•4/2,.·,u;

11	5,u

Exhibit A

LEGAL DESCRIPTION

The Northwest ¼ of the Northeast ¼ of Section 2, Township  57 South, Range 39 East, in Miami-Dade County, Florida; less the following strip of land described as the N9rth
feet, less the West 35.00 feet thereof, of the Northwest ¼ of the Northeast ¼ of Section 2, Township 57 South, Range 39 East, in Miami-Dade, County, Florida.

AND

The Northeast ¼ of the Northeast ¼ of Section 2, Township 57 South, Range 39 East, less the North 550 feet of the East 1125 feet and less that part of the East 907.3 feet of the Northeast ¼ of the Northeast ¼ lying South of the North 550 feet in Miami-Dade County, Florida; less the following strip of land described as the North 35.00 feet of the Northeast ¼ of the Northeast ¼, less the East 1125 feet thereof. of said Section 2, Township 57 South, Range 39 East, in Miami-Dade County, Florida.

Exhibit B
CDDNOTICE

Tab!•  I.    ESTIMATED   TOTAL  ANNUAL  DISTRICT  ASSESSMENTS  DUE  PER  DWELLING  UNIT  FOR  EACH  OF  THE
DISTRICT'S FIRST THREE (3) FISCAL YEARS (actual asseumenf'J may vary from the amouot., sci forth below and Operatiolls_and
lnfrastruclure Maintenance Assessments mav be hii:1her in subsec uentvears based on actual budeets adooted bv the District).	'

Type of Dwelling Unit (and Phase, if
Applicable)	Estimated Annual District Capital Assessments Including Principal and Intere,t
(see SectionsJ.1 and
3.2 Below)	E9timated Annual
Adminisltatlve Assessments
{includes both Operations and Infrastructure Maintenance Assessments) (see Section J.4 Below)	
Estimated Total d!!!!Y!tl District Assessments Due for each Or the
District's first three (3) fi!cal year-s (see Section 3.5 Below}	
SinRle Familv Residential	$l04S	-145S	$1500	

Tobi• 2 BREAKDOWN OF ESTIMATED MONTHLY DISTRICT ASSESSMENTS FOR EACH OF THE FIRST THREE (J) FISCAL
YEARS (actoal uscaaments may vary from the amounls set forth below and  Operations end  lnfraslructure Mainterlence  Assessmenls mav be bii:,her in subseouent vears based on acCuel budl!'ets adooted bv the Dist.-icn.

Type oCDwelling Uoit (and Phase, if
AppJleable)	
Estimated Monthly District Qperatfons Asseuments	
Estimated Monthly District	
Estimated Mml!hlx.District CapHal Assessments (Estimated Annual District
Capital Assessmenrs divided by
12)	
		Infrastructure Maintenance
Asse9-5mepfs		
I	Sin Tc Family Residential	$38	$0	$87	

Type of Dwelling Unit {and Phase, i(
Applicable)	lnlllal Estimated Prepayment Amount to Pay offOwellicg Unit' pro rata thare ofDlslrlct Bond, al rim£ Dwelling Unit Closes (tbi, amount declfnes as principal payments are made ancuaUy and does NOT include interest that may be due through lhe oell:t applicablt bond payment date	Estimated Tul8! Capital AsseSliments including Principal sud  Interest ifCapital AssessmenlS' are Paid Annually (No Prepayment) over Thirty {30) years {Estimated Annual DiSlri:ct Capital Assessments times JO}	
Sin£11le Familv Residential	$1S,360	$31,356	

Table 3 ESTIMATED INITIAL PAYOFF OF CAPITAL ASSESSMENTS (does not Include interesl on the bond principal due through the11ext .Payment Date) AND ESTIMATED TOTAL PAYMENTS JF ANNUAL PAYMENTS AltE MADE OVER TIIE TERM OF THE BONDS

PURCHASERS INITIALS

The District	All of the residential dwelling units ("Dwelling Units") in the [insert name of community] (the "Development") are also located within the boundaries of the [insert name of the District] Community Development District (the "District"). The District is a local unit of special-purpose government organized and existing under the Jaws of the State of Florida and the Home Rule Charter of Miami-Dade County, Florida and located in Miami-Dade County ("County"). The primary purpose of the District is to finance the cost of the public infrastructure of the Development which may include, without limitation, water and sewer facilities, environmental mitigation, roadways, the surface water management system, utility plants and lines, land acquisition, miscellaneous utilities for the Development, as applicable, and other infrastructure projects and services necessitated by the development of land within the Development (collectively, the "Public Infrastructure").

917/06 J:JO PM

PURCHASE.R'S INITIALS

The District Board. The Board of Supervisors of the District (the  "District Board") is initially elected by the landowner  in the District.  The Board is required  to advertise  its meetings in advance and all District Board meetings  are required  to  be open to the public.  The District Board·is required to prepare a budget each fiscal year and adopt the same  in'• an open, public meeting. All owners of property within the District are invited to attend District  Board meetings and participate in the public process.

PURCHASER'S INITIALS

District Finance and Assessments. The current plan is for the District to issue  bonds to acquire, construct, reconstruct, and equip all or a portion of the Public Infrastructure identified in Section 1. Currently, it is estimated  that  the DwelJing  Units  in the Development will be assessed based on the Capital and Administrative Assessments  listed  in Table  I  above and in Sections 3.1 and 3.4 below (if paid in November) to retire  the debt of the District,  to pay for operations of the District and maintenance of the Public Infrastructure.  District assessments will either appear on the County real estate tax bill of each property located  within  the District and will be paid at the same time as County taxes are paid, or will be directly billed  by  the District. Capital assessments to repay the principal  portion of the bond debt could  be levied  by the District for a period ofup to thirty (30) years.
PURCHASER'S INITIALS

District Capital Assessments. The District expects to issue bonds (the "Bonds"), the principal of and interest on which will be payable from non ad valorem special assessments ("District Capital Assessments") levied by the District on the property within the Development, which property is found to be specially benefited  by the  Public  Infrastructure. Each Dwelling Unit is subject to a District Capital Assessment to repay the bonds.

PURCHASER'S INITIALS

Amount. The estimated amount of annual District Capital Assessments including principal and interest levied on each Dwelling Unit is expected to be approximately
$1,045.00 (approximately $87 per month), which sum shall be payable annually for the term of the Bonds (the principal repayment period may not exceed thirty (30) years). The aggregate amount of District Capital Assessments including principal and interest expected to be levied and imposed on each Dwelling Urut over the term of the Bonds thirty (30) years is approximately
$See Exhibit B-Table 3.

PURCHASER'S INITIALS

Prepay Option. Each owner of a Dwelling Unit has the  option  of prepaying the aggregate amount of District Capital Assessments levied on the owner's Dwelling Urut. The prepayment amount at any time will be equal to the remaining outstanding pro rata  share of principal and interest due through the next applicable payment date due on the bonds for each Dwelling Unit. Such prepayment amount will decline each year as the District Capital Assessments are paid.

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District Administrative Assessments. In addition to District Capital Assessments, the District will impose an annual non acl valorem assessment to fund District operations and maintenance of its Public Infrastructure (collectively, "District Administrative Assessments"). Each Dwelling Unit shall be subject  to District  Administrative Assessmen1s. The budget from which District Administrative Assessments are derived is  subject  to  change each year, and may vary from year to year and from time to time. During each of the first three
(3) fiscal years of the District, it is anticipated that District Administrative Assessments fdr the Dwelling Unit will be approximately $455.00 per year per Dwelling Unit, after which time such assessments may vary from year to year and from time to time.

 	 PURCHASER'S INITIALS

District Assessments. District Administrative Assessments together with District Capital Assessments shall comprise the "District Assessments." While the District Assessments are not taxes under Florida law, the District Assessments will constitute a lien coequal with the lien of State, County, Municipal, and School Board taxes, and are expected to appear on the ad valorem tax bill sent each year by the Miami-Dade County Tax Collector. The Homestead Exemption is not applicable to the District Assessments. Because a tax bill cannot be paid in part, failure to pay the District Assessments or any other portion of the tax bill will result in the sale of tax certificates and could ultimately result in the loss of title to the Dwelling Unit of the delinquent taxpayer through the issuance of a tax deed. If billed directly by the District, nonpayment could result inforeclosure on and loss of title to the Dwelling Unit.

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PURCHASER:	PURCHASER:

Print Name: 	_
Date: 	_

Date:  	

Print Name: ------------

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STATE OF FLORIDA COUNTY OF MIAMI-DADE

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I, HARVEY RUVIN, Clerk of the Circuit and County Courts, in and for  Miami­ Dade County, Florida, and Ex-Officio Clerk of the Board of County Commissioners of said County, Do Hereby Certify, that the above and foregoing  is a  true and  correct copy of Ordinance 06-155, adopted by the Board of County Commissioners at  its meeting of October 24, 2006, as appears of record.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal on this
ih day November, AD. 2006.

HARVEY RUVIN, Clerk

Board of County Commissioners Miami-Dade County, Florida

By:	-a_ 	,	...,_V	,.>FJ==-
Deputy Clerk

Board of County Commissioners Miami-Dade County, Florida