KEYS EDGE COMMUNITY DEVELOPMENT
DISTRICT

MIAMI-DADE COUNTY REGULAR BOARD MEETING SEPTEMBER 25, 2024
3:00 P.M.

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

www.keysedgecdd.org 786.347.2700 ext. 2027 Telephone 877.SDS.4922 Toll Free 561.630.4923 Facsimile

AGENDA
KEYS EDGE COMMUNITY DEVELOPMENT DISTRICT
Conference Room 1200 NW 4th Street
Homestead, Florida 33030
REGULAR BOARD MEETING
September 25, 2024
3:00 p.m.

Call to Order
Proof of Publication	Page 1
Establish Quorum
Additions or Deletions to Agenda
Comments from the Public for Items Not on the Agenda
Approval of Minutes
July 24, 2024 Regular Board Meeting and Public Hearing…	Page 2
Old Business
Discussion Regarding Aurora Homeowners Association, Inc. Conveyance
New Business
Consider Resolution No. 2024-11 – Delegation Resolution	Page 6
Bond Purchase Agreement (Exhibit A)
Preliminary Limited Offering Memorandum (Exhibit B)
Continuing Disclosure Agreement (Exhibit C)
First Supplemental Trust Indenture (Exhibit D)
Consider Approval of Preliminary First Supplemental Methodology Report	Page 17
Discussion Regarding Landscape Maintenance Agreements (Aurora and Alba)
2024 Legislative Session Memorandums	Page 29
Consider Resolution No. 2024-12 – Adopting Goals and Objectives	Page 34
Discussion Regarding Consider Lien of Record (Substantially Final Form)	Page 38
Discussion Regarding Declaration of Consent to Jurisdiction…	Page 41
Administrative & Operational Matters
Staff Report, as Required
Board Member & Staff Closing Comments
Adjourn

MIAMI-DADE

STATE OF FLORIDA COUNTY OF MIAMI-DADE:

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

KEYS EDGE COMMUNITY DEVELOPMENT DISTRICT - FISCAL YEAR 2023/2024 REGULAR MEETING SCHEDULE

in the XXXX Court,
was published in a newspaper by print in the issues of Miami Daily Business Review f/1</a Miami Review on

10/13/2023

Affiant further says that the newspaper complies with all legal	for  publication  in  chapter	50,  Florida
Swo to and subscribed before me this

13  dayo  OCTOBER,A.D.2023

GUILLERMO GARCIA personally known to me

KEYS EDGE COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING & PUBLIC HEARING JULY 24, 2024

CALL TO ORDER

District Manager Nancy Nguyen called the July 24, 2024, Regular Board Meeting of Keys Edge Community Development District (the “District”) to order at 3:02 p.m. in the Conference Room located at 1200 NW 4th Street, Homestead, Florida 33030.

PROOF OF PUBLICATION

Ms. Nguyen presented proof of publication that notice of the Regular Board Meeting had been published in the Miami Daily Business Review on October 13, 2023, as part of the District’s Fiscal Year 2023/2024 Regular Meeting Schedule, as legally required.

ESTABLISH A QUORUM

Ms. Nguyen determined that the attendance of Chairman Ronald Fields, Vice Chairwoman Alicia Ale, and Supervisors Miriam Lopez, Jose Iglesias, and Yadira Cabus constituted a quorum and it was in order to proceed with the meeting.

Staff in attendance included: District Manager Nancy Nguyen of Special District Services, Inc.; and General Counsel Ginger Wald of Billing, Cochran, Lyles, Mauro & Ramsey, P.A.
ADDITIONS OR DELETIONS TO THE AGENDA

There were no additions or deletions to the agenda.

COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA
There were no comments from the public for items not on the agenda.
APPROVAL OF MINUTES
June 6, 2024, Special Board Meeting and Public Hearing
Ms. Nguyen presented the minutes of the June 6, 2024, Special Board Meeting and Public Hearing and asked if there were any changes and/or corrections.
There being no changes, a motion was made by Mr. Fields, seconded by Ms. Ale and unanimously passed approving the minutes of the June 6, 2024, Special Board Meeting and Public Hearing, as presented.

NOTE: At approximately 3:03 p.m., Ms. Nguyen recessed the Regular Meeting and simultaneously opened the Public Hearing.

PUBLIC HEARING
Proof of Publication
Page 1 of 4

Ms. Nguyen presented proof of publication that notice of the Public Hearing had been published in the Miami Herald on July 3, 2024, and July 10, 2024, as legally required.

Receive Public Comments on Fiscal Year 2024/2025 Final Budget

Ms. Nguyen opened the public comment portion of the Public Hearing to receive comments on the 2024/2025 fiscal year final budget and non-ad valorem special assessments. There being no comments, Ms. Nguyen closed the public comment portion of the Public Hearing.

Consider Resolution No. 2024-09 – Adopting a Fiscal Year 2024/2025 Final Budget

Ms. Nguyen presented Resolution No. 2024-09, entitled:

RESOLUTION NO. 2024-09

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE KEYS EDGE COMMUNITY DEVELOPMENT DISTRICT APPROVING AND ADOPTING A FISCAL YEAR 2024/2025 FINAL BUDGET PURSUANT TO CHAPTER 190, FLORIDA STATUTES; AND PROVIDING AN EFFECTIVE DATE.

Ms. Nguyen stated that the document provides for approving and adopting the fiscal year 2024/2025 final budget and the non-ad valorem special assessment tax roll. Ms. Nguyen explained that it was uncertain if the Aurora and Alba parcels would be able to be included on the assessment roll this year. Ms. Nguyen further explained that her office received confirmation yesterday from the Miami-Dade Property Appraiser’s office stating that the Aurora and Alba parcels can be included on the tax roll for this year. As such, Ms. Nguyen presented an updated 2024/2025 final budget which includes the collection of operations and maintenance from these parcels. Ms. Nguyen also explained that the developer would continue to be responsible for the expenses of the other areas of the District. A discussion ensued after which:
A motion was made by Mr. Fields, seconded by Ms. Ale and unanimously passed to approve and adopt Resolution No. 2024-09, as amended (increase the Administrative Assessments Revenue line to $77,027; increase the Maintenance Assessments Revenue line to $115,899; and decrease the Developer Contribution Revenue line to $109,925), thereby setting the 2024/2025 final budget and non-ad valorem special assessment tax roll.
NOTE: At approximately 3:07 p.m., Ms. Nguyen closed the Public Hearing and simultaneously reconvened the Regular Meeting.

OLD BUSINESS

There was no old business to discuss at this time.

NEW BUSINESS
Discussion Regarding Developer’s Funding Agreement

Page 2 of 4

Ms. Nguyen presented the Developer’s Funding Agreement for fiscal year 2024/2025 between the District and the Developer (Onx-Odagled Grand Palms, LLC and Onx-Odagled Grand Palms II, LLC) regarding lands within the boundaries of the District. Ms. Nguyen provided an explanation for the Agreement and indicated that the fiscal year 2024/2025 Final Budget approved during the Public Hearing would be included as Exhibit A. A discussion ensued after which:

A motion was made by Mr. Fields, seconded by Ms. Ale and unanimously passed approving and adopting, as presented, the Developer’s Funding Agreement for the Fiscal Year 2024/2025 between the District and Onx-Odagled Grand Palms, LLC and Onx-Odagled Grand Palms II, LLC.

Consider Resolution No. 2024-10 – Adopting a Fiscal Year 2024/2025 Meeting Schedule

Ms. Nguyen presented Resolution No. 2024-10, entitled:

RESOLUTION NO. 2024-10

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE KEYS EDGE COMMUNITY DEVELOPMENT DISTRICT, ESTABLISHING A REGULAR MEETING SCHEDULE FOR FISCAL YEAR 2024/2025 AND SETTING THE TIME AND LOCATION OF SAID DISTRICT MEETINGS; AND PROVIDING AN EFFECTIVE DATE.

Ms. Nguyen provided an explanation for the document. Ms. Nguyen informed the Board that meetings would continue to be held on the fourth Wednesday of select months. A discussion ensued after which:
A motion was made by Mr. Fields, seconded by Ms. Ale and unanimously passed to approve and adopt Resolution No. 2024-10, as presented; thereby setting the 2024/2025 regular meeting schedule and authorizing the publication of the annual meeting schedule, as required by law.

Order to Show Cause Setting Final Bond Validation Hearing for August 22, 2024 at 11:30 a.m.
Ms. Wald presented the District’s Order to Show Cause which was filed on June 21, 2024, with the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida seeking to determine the authority of the District to issue Special Assessment Bonds, in one or more series, in an aggregate principal amount not to exceed $33,500,000. Ms. Wald further explained that the evidentiary final hearing is to be held in person before the Honorable Daryl E. Trawick, Circuit Court Judge, on August 22, 2024, at 11:30 a.m. at the Miami-Dade County Courthouse located at 73 West Flagler Street, Courtroom DCC 1001, Miami, Florida 33130. Ms. Wald further explained that the District Manager and the District Engineer will be present to provide testimony.

ADMINISTRATIVE & OPERATIONAL MATTERS
Staff Report, as Required

There was no staff report at this time.

BOARD MEMBER & STAFF CLOSING COMMENTS

Page 3 of 4

There were no Board Member closing comments at this time.

ADJOURNMENT

There being no further business to come before the Board, a motion was made by Mr. Fields, seconded by Ms. Ale and unanimously passed adjourning the Regular Board Meeting at approximately 3:13 p.m.

Secretary/Assistant Secretary	Chairperson/Vice Chairperson

Page 4 of 4

RESOLUTION NO. 2024-11
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE KEYS EDGE COMMUNITY DEVELOPMENT DISTRICT (THE “DISTRICT”) AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $10,000,000 IN TOTAL AGGREGATE PRINCIPAL AMOUNT OF KEYS EDGE COMMUNITY DEVELOPMENT DISTRICT SPECIAL ASSESSMENT BONDS, SERIES 2024 (ASSESSMENT AREA ONE PROJECT) (THE “BONDS”) FOR THE PRINCIPAL PURPOSE OF FINANCING CERTAIN PUBLIC INFRASTRUCTURE FOR THE BENEFIT OF CERTAIN LANDS WITHIN A DESIGNATED ASSESSMENT AREA WITHIN THE DISTRICT REFERRED TO AS “ASSESSMENT AREA ONE”; DETERMINING THE NEED FOR A NEGOTIATED LIMITED OFFERING OF THE BONDS AND PROVIDING FOR A DELEGATED AWARD OF SUCH BONDS; APPOINTING THE UNDERWRITER FOR THE LIMITED OFFERING OF THE BONDS; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT WITH RESPECT TO THE BONDS; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A FIRST SUPPLEMENTAL TRUST INDENTURE; AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER TRUST INDENTURE; APPROVING THE FORM OF AND AUTHORIZING THE DISTRIBUTION OF A PRELIMINARY LIMITED OFFERING MEMORANDUM; APPROVING THE EXECUTION AND DELIVERY OF A FINAL LIMITED OFFERING MEMORANDUM; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION OF A CONTINUING DISCLOSURE AGREEMENT AND APPOINTING A DISSEMINATION AGENT; APPROVING THE APPLICATION OF BOND PROCEEDS; AUTHORIZING CERTAIN MODIFICATIONS TO THE ASSESSMENT METHODOLOGY REPORT AND THE ENGINEER’S REPORT; MAKING CERTAIN DECLARATIONS; PROVIDING FOR THE REGISTRATION OF THE BONDS PURSUANT TO THE DTC BOOK-ENTRY ONLY SYSTEM; AUTHORIZING THE PROPER OFFICIALS TO DO ALL THINGS DEEMED NECESSARY IN CONNECTION WITH THE ISSUANCE, SALE AND DELIVERY OF THE BONDS; AND PROVIDING FOR SEVERABILITY, CONFLICTS, AN EFFECTIVE DATE AND OTHER MATTERS.
WHEREAS, the Keys Edge Community Development District (the “District”) is a local unit of special-purpose government organized and existing in accordance with the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended (the “Act”), created by Ordinance No. 07-106 of the Miami-Dade County Board of County Commissioners (the “County Commissioners”), enacted on July 24, 2007 and effective on August 3, 2007, as amended by Ordinance No. 07-173 of the County Commissioners to correct a scrivener’s error in the legal description, enacted on December 4, 2007 and effective on December 14, 2007 and as further amended by Ordinance No. 24-35 of the County Commissioners to amend the boundaries of the District, enacted on April 16, 2024 and effective on April 26, 2024; and

WHEREAS, the boundaries of the District (the “District Lands”) currently consist of approximately 90.22+/- gross acres of land located entirely within the City of Florida City, Florida, within Miami-Dade County, Florida (the “County”); and
WHEREAS, the District was created for the purpose of delivering certain community development services and facilities within and outside its jurisdiction; and
WHEREAS, the Board of Supervisors of the District (herein, the “Board”) has previously adopted Resolution No. 2024-01 on April 29, 2024 (the “Initial Bond Resolution”), pursuant to which the District authorized the issuance of not to exceed $33,500,000 of its Special Assessment Bonds to be issued in one or more series to finance all or a portion of the costs of the public infrastructure within the District, including, but is not limited to, a water distribution system, including the payment of connection fees; a sanitary sewer collection system, including the payment of connection fees; stormwater management and drainage facilities; roadway improvements, including, but not limited to, landscaping, and an irrigation system, and the payment of road impact fees; and all related soft and incidental costs, pursuant to the Act (collectively, the “Capital Improvement Plan”); and
WHEREAS, any capitalized term used herein and not otherwise defined shall have the meaning ascribed to such term in the Initial Bond Resolution; and
WHEREAS, the Board finds it necessary to finance a portion of the necessary public infrastructure necessary for the development within the District with a portion of the proceeds of the Bonds; and
WHEREAS, the District has, pursuant to the Initial Bond Resolution, approved the form of and authorized the execution and delivery of the Master Trust Indenture (the “Master Indenture”) and First Supplemental Trust Indenture (the “First Supplemental Indenture” and, together with the Master Indenture, the “Indenture”), each with U.S. Bank Trust Company, National Association, as the appointed trustee (the “Trustee”); and
WHEREAS, based on the current development plans of the Developer of the lands within the District, the Board finds it necessary to finance a portion of the Capital Improvement Plan necessary for the development of a designated assessment area within the District herein referred to as “Assessment Area One”; and
WHEREAS, the District has determined that it would be in the best interest of the landowners of the District for the District to issue, and the District has determined to issue, its Keys Edge Community Development District Special Assessment Bonds, Series 2024 (the “Bonds”) in the principal amount of not exceeding $10,000,000 for the primary purpose of providing funds to finance a portion of the Capital Improvement Plan within Assessment Area One (the “Assessment Area One Project”), as more particularly described in the District’s Engineer’s Report dated June 2, 2022, revised April 29, 2024 (“Engineer’s Report”); and
WHEREAS, in light of certain required changes, the Board hereby finds it necessary to approve the form of and authorize the execution and delivery of a new First Supplemental Indenture; and

WHEREAS, there has been submitted to this meeting with respect to the issuance and sale of the Bonds and submitted to the Board forms of:
a Bond Purchase Agreement with respect to the Bonds by and between FMSbonds, Inc., as the underwriter (the “Underwriter”) and the District, together with the form of a disclosure statement attached to the Bond Purchase Agreement pursuant to Section 218.385, Florida Statutes, substantially in the form attached hereto as Exhibit A (the “Bond Purchase Agreement”);
a Preliminary Limited Offering Memorandum, substantially in the form attached hereto as Exhibit B (the “Preliminary Limited Offering Memorandum”);
a Continuing Disclosure Agreement among the District, the dissemination agent named therein and the obligated parties named therein, substantially in the form attached hereto as Exhibit C; and
the First Supplemental Indenture between the District and the Trustee, substantially in the form attached hereto as Exhibit D.
WHEREAS, in connection with the sale of the Bonds, it may be necessary that certain modifications be made to the Master Special Assessment Methodology Report for Keys Edge Community Development District, dated April 29, 2024, as supplemented (collectively, the “Assessment Methodology Report”), prepared by Special District Services, Inc., and the Engineer’s Report to conform such reports to the final terms of the Bonds; and
WHEREAS, the proceeds of the Bonds shall also fund a debt service reserve account, fund capitalized interest on the Bonds and pay the costs of the issuance of the Bonds.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the Keys Edge Community Development District, as follows:
Section 1.  Negotiated Limited Offering of the Bonds. The District hereby finds that because of the complex nature of assessment bond financings in order to better time the sale of the Bonds to achieve maximum debt service savings and secure better rates, it is necessary and in the best interest of the District that the Bonds, in the aggregate principal amount of not exceeding
$10,000,000, all be sold on a negotiated limited offering basis. The District hereby further finds that it will not be adversely affected if the Bonds are not sold pursuant to competitive sales.
Section 2.  Purpose. The District hereby authorizes the financing of a portion of the Capital Improvement Plan consisting of the acquisition and construction of certain public infrastructure benefiting the assessable lands within the Assessment Area One within the District by issuing the Bonds and such public infrastructure shall constitute the Assessment Area One Project, which includes, but is not limited to, a water distribution system, including the payment of connection fees; a sanitary sewer collection system, including the payment of connection fees; stormwater management and drainage facilities; roadway improvements, including, but not limited to, landscaping, and an irrigation system, and the payment of road impact fees; and all related soft and incidental costs, all as more particularly described in the Engineer’s Report.

Section 3.  Authorization of Issuance of Bonds. There are hereby authorized and directed to be issued the “Keys Edge Community Development District Special Assessment Bonds, Series 2024” for the purpose of (i) providing funds to pay all or a portion of the costs of the Assessment Area One Project, (ii) funding a debt service reserve account, (iii) funding capitalized interest on the Bonds, and (iv) paying the costs of issuance of the Bonds. The Bonds shall be issued under and secured by the Master Indenture, as supplemented by the First Supplemental Indenture, the form of which by reference is hereby incorporated into this Resolution as if set forth in full herein.
To the extent that the Bonds are issued in a calendar year other than calendar year 2024, all references to “2024” contained in the designation of the name of the Bonds and any defined term in this Resolution shall, without further action of the Board, be replaced with the calendar year in which the Bonds are issued.
Section 4.  Bond Purchase Agreement; Sale of the Bonds. Except as otherwise provided in the last sentence of this Section 4, the proposal submitted by the Underwriter offering to purchase the Bonds at the purchase price established pursuant to the parameters set forth below and on the terms and conditions set forth in the Bond Purchase Agreement (attached hereto as Exhibit A), are hereby approved and adopted by the District in substantially the form presented. Subject to the last sentence of this Section 4, the Chairperson (or, in the absence of the Chairperson, the Vice Chairperson or any other member of the Board) is hereby authorized to execute and deliver on behalf of the District, and the Secretary of the District is hereby authorized (if so required) to affix the seal of the District and attest to the execution of the Bond Purchase Agreement in substantially the form presented at this meeting. The disclosure statements of the Underwriter, as required by Section 218.385, Florida Statutes, to be delivered to the District prior to the execution of the Bond Purchase Agreement, a copy of which is attached as an exhibit to the Bond Purchase Agreement, will be entered into the official records of the District. The Bond Purchase Agreement, in final form as determined by counsel to the District, may be executed by the District without further action provided that (i) the principal amount of the Bonds issued does not exceed $10,000,000; (ii) the Bonds mature not later than the statutory permitted period; (iii) the interest rate on the Bonds shall not exceed the maximum rate permitted under Florida law; (iv) if the Bonds are subject to optional redemption which determination will be made on or before the sale date of the Bonds, the first optional call date and the redemption price shall be determined prior to the execution of the Bond Purchase Agreement; and (v) the purchase price to be paid by the Underwriter for the Bonds is not less than 98% of the par amount of the Bonds issued (exclusive of any original issuance discount or premium).
Section 5. The Limited Offering Memorandum. The Limited Offering Memorandum, in substantially the form of the Preliminary Limited Offering Memorandum (as herein defined and subject to the other conditions set forth herein) attached hereto as Exhibit B, with such changes as are necessary to conform to the details of the Bonds and the requirements of the Bond Purchase Agreement, is hereby approved. The District hereby authorizes the execution of the Limited Offering Memorandum and the District hereby authorizes the Limited Offering Memorandum, when in final form, to be used in connection with the limited offering and sale of the Bonds. The District hereby authorizes and consents to the use by the Underwriter of a Preliminary Limited Offering Memorandum substantially in the form attached hereto as Exhibit B, in connection with the Limited Offering of the Bonds (the “Preliminary Limited Offering

Memorandum”). The final form of a Preliminary Limited Offering Memorandum shall be determined by the Underwriter and the professional staff of the District, with final approval by the Chairperson. The Limited Offering Memorandum may be modified in a manner not inconsistent with the substance thereof and the terms of the Bonds as shall be deemed advisable by Bond Counsel, Disclosure Counsel and counsel to the District, with final approval by the Chairperson. The Chairperson (or, in the absence of the Chairperson, the Vice Chairperson or any other member of the Board) is hereby further authorized to execute and deliver on behalf of the District, the Limited Offering Memorandum and any amendment or supplement thereto, with such changes, modifications and deletions as the member of the Board executing the same may deem necessary and appropriate with the advice of Bond Counsel, Disclosure Counsel and counsel to the District, with final approval by the Chairperson, such execution and delivery to be conclusive evidence of the approval and authorization thereof by the District. The District hereby authorizes the Chairperson (or, in the absence of the Chairperson, the Vice Chairperson or any other member of the Board) to deem “final” the Preliminary Limited Offering Memorandum except for permitted omissions all within the meaning of Rule 15c2-12 of the Securities Exchange Act of 1934 and to execute a certificate in that regard.
Section 6. Details of the Bonds. The proceeds of the Bonds shall be applied in accordance with the provisions of the Indenture. Subject to the parameters set forth in Section 4 of the Resolution, the Bonds shall mature in the years and in the amounts, bear interest at such rates and be subject to redemption, all as provided in the Indenture. The execution of the Indenture shall constitute approval of such terms as set forth in the Indenture and this Resolution.
Section 7. Continuing Disclosure; Dissemination Agent. The Board does hereby authorize and approve the execution and delivery of a Continuing Disclosure Agreement by the Chairperson (or, in the absence of the Chairperson, the Vice Chairperson or any other member of the Board) substantially in the form presented to this meeting and attached hereto as Exhibit C. The Continuing Disclosure Agreement is being executed by the District and the other parties thereto in order to assist the Underwriter in the marketing of the Bonds and compliance with Rule 15c2-12 of the Securities and Exchange Commission. Special District Services, Inc. is hereby appointed the initial dissemination agent.
Section 8.  Authorization of Execution and Delivery of the Master Indenture and the First Supplemental Indenture. The District does hereby authorize and approve the execution by the Chairperson (or, in the absence of the Chairperson, the Vice Chairperson or any other member of the Board) and the Secretary and the delivery of the Indenture between the District and the Trustee. The Indenture shall provide for the security of the Bonds and express the contract between the District and the owners of the Bonds. The Master Indenture shall be substantially in the form approved pursuant to the Initial Bond Resolution, with such changes therein as are necessary or desirable to reflect the terms of the sale of the Bonds as shall be approved by the Chairperson (or, in the absence of the Chairperson, the Vice Chairperson, or any other member of the Board) executing the same, with such execution to constitute conclusive evidence of such officer’s approval and the District’s approval of any changes therein from the form attached to the Initial Bond Resolution. The First Supplemental Indenture shall be substantially in the form attached hereto as Exhibit D and is hereby approved, with such changes therein as are necessary or desirable to reflect the terms of the sale of the Bonds as shall be approved by the Chairperson (or, in the absence of the Chairperson, the Vice Chairperson, or any other member of the Board)

executing the same, with such execution to constitute conclusive evidence of such officer’s approval and the District’s approval of any changes therein from the form of the First Supplemental Indenture attached hereto as Exhibit D.
Section 9.  Authorization and Ratification of Prior Acts. All actions previously taken by or on behalf of District in connection with the issuance of the Bonds are hereby authorized, ratified and confirmed.
Section 10. Appointment of Underwriter. The Board hereby formally appoints FMSbonds, Inc. as the Underwriter for the Bonds.
Section 11.  Book-Entry Only Registration System. The registration of the Bonds shall initially be by the book-entry only system established with The Depository Trust Company (“DTC”). The Chairperson (or, in the absence of the Chairperson, the Vice Chairperson, or any other member of the Board) is authorized to execute the DTC Blanket Issuer Letter of Representations required by DTC.
Section 12. Assessment Methodology Report. The Board hereby authorizes any modifications to the Assessment Methodology Report prepared by Special District Services, Inc. in connection with the Bonds if such modifications are determined to be appropriate in connection with the issuance of the Bonds.
Section 13.  Engineer’s Report. The Board hereby authorizes any modifications to the Engineer’s Report prepared by Alvarez Engineers, Inc. in connection with the Bonds if such modifications are determined to be appropriate in connection with the issuance of the Bonds or modifications to the Assessment Area One Project.
Section 14. Further Official Action. The Chairperson, the Vice Chairperson, the Secretary and each member of the Board and any other proper official or member of the professional staff of the District are each hereby authorized and directed to execute and deliver any and all documents and instruments and to do and cause to be done any and all acts and things necessary or desirable for carrying out the transactions contemplated by this Resolution. In the event that the Chairperson, the Vice Chairperson or the Secretary is unable to execute and deliver the documents herein contemplated, such documents shall be executed and delivered by the respective designee of such officer or official or any other duly authorized officer or official of the District herein authorized. The Secretary or any Assistant Secretary is hereby authorized and directed to apply and attest the official seal of the District to any agreement or instrument authorized or approved herein that requires such a seal and attestation.
Section 15. Severability. If any section, paragraph, clause or provision of this Resolution shall be held to be invalid or ineffective for any reason, the remainder of this Resolution shall continue in full force and effect, it being expressly hereby found and declared that the remainder of this Resolution would have been adopted despite the invalidity or ineffectiveness of such section, paragraph, clause or provision.
Section 16.  Inconsistent Proceedings. All resolutions or proceedings, or parts thereof, in conflict with the provisions hereof are to the extent of such conflict hereby repealed or amended to the extent of such inconsistency.

Section 17.  Public Meetings. It is hereby found and determined that all formal actions of the District concerning and relating to the adoption of this Resolution and the consummation of the transactions contemplated by this Resolution were adopted in open meetings of the District, and that all deliberations of the District that resulted in such formal action were in meetings open to the public, in compliance with all legal requirements.
Section 18. Effective Date. This Resolution shall take effect immediately upon its adoption.
ADOPTED in public session of the Board of Supervisors of the Keys Edge Community Development District, this 25th day of September, 2024.
KEYS EDGE COMMUNITY DEVELOPMENT DISTRICT
ATTEST:

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

EXHIBIT A
FORM OF BOND PURCHASE AGREEMENT
TO BE PROVIDED UNDER SEPARATE COVER

EXHIBIT B
FORM OF PRELIMINARY LIMITED OFFERING MEMORANDUM
TO BE PROVIDED UNDER SEPARATE COVER

EXHIBIT C
FORM OF CONTINUING DISCLOSURE AGREEMENT

TO BE PROVIDED UNDER SEPARATE COVER

EXHIBIT D
FORM OF FIRST SUPPLEMENTAL TRUST INDENTURE
TO BE PROVIDED UNDER SEPARATE COVER

PRELIMINARY FIRST SUPPLEMENTAL SPECIAL ASSESSMENT METHODOLOGY REPORT

PREPARED FOR THE

KEYS EDGE COMMUNITY DEVELOPMENT DISTRICT BOARD OF SUPERVISORS

September 25, 2024

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

INTRODUCTION
The Keys Edge Community Development District (the “District”) is a local unit of special purpose government located in the City of Florida City, Florida (the “City”) in Miami-Dade, Florida (the “County”). The District was established by Ordinance No. 07-106 of the Board of County Commissioners of Miami-Dade County, Florida (the “County Commissioners”), enacted on July 24, 2007 and effective on August 3, 2007, as amended by Ordinance No. 07-173 of the County Commissioners to correct a scrivener’s error in the legal description, enacted on December 4, 2007 and effective on December 14, 2007 and as further amended by Ordinance No. 24-35 of the County Commissioners to amend the boundaries of the District, enacted on April 16, 2024 and effective on April 26, 2024.

The Keys Edge PUD (the “Development”) is a planned Development containing approximately 90.22 gross acres and is located in the City. The District is co-terminus with the Development is planned for the following land uses:
Table 1 – Proposed Land Uses for the District

Land Use Category	Unit	
Townhomes	278 Dwelling units	
Single - Family	511 Dwelling units	
TOTAL	789 Dwelling units	

This First Supplemental Special Assessment Methodology Report dated September 25, 2024 (the “First Supplemental Report”), which supplements the Master Special Assessment Methodology Report dated April 29, 2024 (the “Master Report”), each prepared by Special District Services, Inc., sets forth the allocation of special assessments as it relates to the sale and issuance by the District of its Special Assessment Bonds, Series 2024 (Assessment Area One Project) in the aggregate amount of $8,200,000 (preliminary, subject to change) (the “Series 2024 Bonds”) for the primary purpose of financing a portion of the Assessment Area One Project (as defined below) and will equitably allocate the costs being incurred by the District to provide the direct and special benefits of the Assessment Area One Project to the assessable lands in Assessment Area One (as defined below). The public improvements to be constructed or acquired by the District (the “Assessment Area One Project”) are described on Table A. constitute a portion of the Project (as defined in the Master Report) described in the Engineer’s Report dated June 2, 2022, revised April 29, 2024,as may be amended, and supplemented and revised from time to time (the “Engineer’s Report”), prepared by Alvarez Engineers, Inc. (the “District’s Engineer”). The Project is referred to herein as the “Capital Improvement Plan”.

Land development associated with the Development is expected to occur in phases, which are currently labeled as Parcels A, B, C, D, E, F (open space park parcel) and G. Multiple assessment areas will be created to facilitate the District’s financing program. Parcels C and G of the Development contain an aggregate of 279 single-family homes (“Assessment Area One”). The Assessment Area One Project constitutes the portion of the Capital Improvement Plan associated with Assessment Area One.

PROJECTS TO BE FUNDED BY THE DISTRICT
The Assessment Area One Project is comprised of an interrelated system of public infrastructure improvements which will serve and directly and specially benefit all assessable lands within Assessment Area One. The public improvements comprising Assessment Area One will be interrelated such that they will reinforce one another. The total cost of the Assessment Area One Project is currently estimated to be $11,182,000. A detail of the estimated Assessment Area One Project costs for the development is included herein on Table A. The Series 2024 Bonds will be repaid through the levy of non-ad valorem special assessments (the “Assessment Area One Special Assessments”) on all assessable property within Assessment Area One. The Assessment Area One Project has been designed to be functional and confer direct and special benefits to the landowners within Assessment Area One. Any portion of the Assessment Area One Project not financed through the issuance of the Series 2024 Bonds will be paid for by ONX-ODAGLED Grand Palms II, LLC or its successors or assigns (the “Developer”).
Construction and/or acquisition and maintenance obligations for the District’s proposed infrastructure improvements constituting the Assessment Area One Project are described in the Engineer’s Report.

The construction costs for the Assessment Area One Project identified in this First Supplemental Report were provided by the District Engineer. Special District Services, Inc., as District Manager, makes no representation regarding the accuracy or validity of those costs and did not undertake any analysis or verification regarding such costs.

FUNDING OF IMPROVEMENTS
To defray the costs of construction or acquisition of a portion of the Assessment Area One Project, the District will impose the Assessment Area One Special Assessments on benefited real property within the District. These assessments are based on the direct and special and peculiar benefits accruing to such property from the public improvements comprising the Assessment Area One Project. The use of non-ad valorem special assessments has an advantage in that the properties that receive the direct and special benefits from the Assessment Area One Project are the only properties that are obligated to pay for those facilities and services. Without these improvements, development of the property constituting Assessment Area One within the District would not be possible.
In summary, special assessments may be levied: (1) for facilities which provide direct and special benefits to property within the District as distinct from general benefits, (2) only against property which receives that direct and special benefit, (3) in proportion to the benefits received by the properties; and (4) according to fair and reasonable methods that the governing body of the jurisdiction determines. The Assessment Area One Special Assessments placed upon various benefited properties of Assessment Area One within the District must be sufficient to cover the debt service of the Series 2024 Bonds that will be issued for financing a portion of the Assessment Area One Project.
ALLOCATION OF BENEFIT AND ASSESSMENTS
In developing the methodology used for Assessment Area One Special Assessments in the District, two interrelated factors were used:
Allocation of Benefit: Each parcel of land, lot and/or unit within the District benefits directly and specially from the construction and financing of the proposed improvements.

Allocation of Cost/Debt: The Assessment Area One Special Assessments imposed on each parcel of land, lot and/or unit within the District cannot exceed the value of the benefits provided to such parcel of land, lot and/or unit.

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

Table 2 – Equivalent Residential Unit (ERU)

Product Type	# of Units	ERU	
Single Family	279	1.000	
Total Units	279		
The Assessment Area One Special Assessments will be levied on the platted 279 single-family lots/homes within Assessment Area One on the per unit basis as set forth in Table F.

In addition to the Assessment Area One Special Assessments imposed for debt service on the Series 2024 Bonds, the District will also levy an annual administrative assessment to fund the costs of operating and managing the District. As each residential dwelling unit will benefit equally from the operation and management of the District and the Assessment Area One Project, the annual operation and management assessments will be allocated equally to each assessable lot or unit.

Given the District’s land use plan and the type of infrastructure to be funded by the Assessment Area One Special Assessments, this method will result in a fair allocation of benefits and services and an equitable allocation of costs for the proposed Series 2024 Bonds. However, if the future platting results in changes in land use or proportion of benefit per unit, this allocation methodology may not be applicable and it may be necessary for the District to revise this methodology.
COLLECTION OF SPECIAL ASSESSMENTS
The proposed Assessment Area One Special Assessments for the District are planned to be collected through the Uniform Method of Collection described in Section 197.3632; Florida Statutes (“F.S.”) for platted lots, or any other legal means available to the District.
Since there are costs associated with the collection of the Assessment Area One Special Assessments (whether by uniform method of collection as authorized under Section 197.3632, F.S., or other methods allowed by Florida law), these costs must also be included in the special assessment levy. These costs generally include the 1% collection fee of the County Tax Collector, a 1% service fee of the County Property Appraiser and a 4% discount for early payment of taxes. These additional costs may be reflected by dividing the annual debt service and maintenance assessment amounts by a factor of 0.94. In the event the Assessment Area One Special Assessments are direct billed, then, the collection costs and discounts may not apply.

FINANCING STRUCTURE
The estimated cost of the Assessment Area One Project is approximately $11,182,000. The construction program and the costs associated therewith are identified herein on Table A.
A portion of the capital improvements comprising the Assessment Area One Project will be financed by the Series 2024 Bonds, which will be payable from and secured by Assessment Area One Special Assessments levied on all 279 single-family lots within Assessment Area One. The Series 2024 Bonds are being issued to finance a portion of the Assessment Area One Project. The estimated principal amount of the Series 2024 Bonds issued to finance a portion of the Assessment Area One Project is
$8,200,000 (preliminary, subject to change). The net proceeds of the Series 2024 Bonds will provide
$7,300,500 for construction and/or acquisition related costs. The sizing of the Series 2024 Bonds includes a debt service reserve fund, capitalized interest, issuance costs and underwriter’s discount as shown herein on Table B.
MODIFICATIONS, REVISIONS AND TRUE-UP MECHANISM
Allocation of costs and benefits, shown herein on Table C, for the Assessment Area One Project financed by the District is initially based on the estimated number of dwelling units projected to be developed and benefited by the infrastructure improvements comprising the Assessment Area One Project. Based on an estimated Series 2024 Bond size of $8,200,000, at an estimated interest rate of 5.40%, the maximum annual debt service for the Series 2024 Bonds as shown herein on Table E, will be approximately $558,000.00 which has not been grossed up to include the 1% County Tax Collector fee, 1% County Property Appraiser fee, and 4% discount for early payment of taxes.

To ensure that each residential lot is assessed no more than their pro-rata amount of the annual non- ad valorem assessments shown herein on Table F, the District will be required to perform a “True- Up” analysis, which requires a computation at the time of submission of each plat or re-plat to determine the potential remaining assessable dwelling lots/units. The District shall, at the time a plat or re-plat is submitted to the County:

Assume that the total number of assessable residential units being utilized as a basis for this assessment methodology is as described below, Table 3 (“Total Assessable Lots/Units”).

Table 3 – Total Assessable Lots/Units for the District

Land Use Category	Unit	
Single Family	279 Dwelling units	
Ascertain the number of assessable residential dwelling lots/units in the proposed plat or re- plat and all prior plats (“Planned Assessable Lots/Units”).

Ascertain the current amount of potential remaining assessable dwelling lots/units (“Remaining Assessable Lots/Units”).
If the Planned Assessable Lots/Units are equal to the Total Assessable Lots/Units no action would be required at that time. However, if the sum of the Planned Assessable Lots/Units and the Remaining Assessable Lots/Units are less than an estimated number reflected in Table 3, the Developer will be

obligated to remit to the District an amount of money sufficient to enable the District to retire an amount of Series 2024 Bonds plus accrued interest such that the amount of the Assessment Area One Special Assessments allocated to each Planned Assessable Lot does not exceed the amount of debt service that would have been allocated thereto had the total number of Planned Assessable Lots/Units and Remaining Assessable Lots/Units not changed from what is represented in Table 3. Conversely, if the Planned Assessable Lots/Units and Remaining Assessable Lots/Units of the residential lots/units is greater than the Total Assessable Lots/Units, then, there will be a pro-rata decrease in the annual Assessment Area One Special Assessments to all of the benefited properties.

All assessments levied run with the land. In the event of a plat or replat, a determination of a true-up payment shall be based on the terms and provisions of a true-up agreement entered into between the District and the applicable landowner. It is the responsibility of the landowner of record to make any required true-up payments that are due. The District will not release any liens on the property for which true-up payments are due until provision for such payment has been satisfied. In the event that additional land not currently subject to the assessments is developed in such a manner as to receive special benefit from the Assessment Area One Project described herein, it will be necessary for this assessment methodology to be re-applied to include such parcels. The additional land will, as a result of re-applying this allocation methodology, then be allocated an appropriate share of the Assessment Area One Special Assessments while all currently assessed parcels will receive a relative reduction in their assessments.
PRELIMINARY ASSESSMENT ROLL
Assessable lands within Assessment Area One 279 single-family lots as outlined herein on Table F. The par amount of Series 2024 Bonds issued by the District to pay for the Assessment Area One Project is $8,200,000 (preliminary, subject to change). The District will distribute the Assessment Area One Special Assessment lien over the 279 single-family lots/homes within Assessment Area One as identified herein on Tables C, D and F.
ADDITIONAL STIPULATIONS
Certain financing, development, and engineering data was provided by members of District staff, Consultants and/or the Developer. The allocation methodology described herein was based on information provided by those professionals. Special District Services, Inc. makes no representations regarding said information beyond restatement of the factual information necessary for compilation of this report.

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

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

TABLE A

ASSESSMENT AREA ONE PROJECT COST ESTIMATES

KEYS EDGE COMMUNITY DEVELOPMENT DISTRICT

TOTAL

ROADWAYS	$	5,699,000	
		
STORMWATER MANAGEMENT SYSTEM	$	1,905,000	
		
WATER / SANITARY SEWER SYSTEM	$	3,578,000	
		
TOTAL	$	11,182,000	

TABLE B BOND SIZING
KEYS EDGE COMMUNITY DEVELOPMENT DISTRICT

BOND SIZING

Par Amount*	$	8,200,000	*	
				
Debt Service Reserve Fund (DSRF)	$	(55,800)		
				
Capitalized Interest	$	(479,700)		
				
Issuance Costs	$	(364,000)		
				
Construction Funds	$	7,300,500		
				
Bond Interest Rate		5.40%		
				
Principal Amortization Period (Years)		30		
*Subject to change at final bond pricing				

TABLE C ALLOCATION OF PROJECT COSTS
KEYS EDGE COMMUNITY DEVELOPMENT DISTRICT

Product	Number of Units
by Type	
ERU Factor	Total ERUs*	Project Cost Allocation Per Type	Project Cost Allocation Per
Unit*	
SINGLE-FAMILY	279	1.000	279.00	$	11,182,000	$	40,079	
						
TOTAL	279	N/A	279.00	$	11,182,000	N/A	
*Rounded

TABLE D ALLOCATION OF BOND DEBT
KEYS EDGE COMMUNITY DEVELOPMENT DISTRICT

Product	Number of Units
by Type	
ERU Factor	Total ERUs*	Bond Debt Allocation Per Unit
Type	Bond Debt Allocation Per
Unit*	
SINGLE-FAMILY	279	1.000	279.00	$	8,200,000	$	29,391	
						
TOTAL	279	N/A	279.00	$	8,200,000	N/A	
*Preliminary, subject to change

TABLE E

CALCULATION OF ANNUAL DEBT SERVICE

KEYS EDGE COMMUNITY DEVELOPMENT DISTRICT

2024 Series
Bond Debt*

1  Maximum Annual Debt Service	$	558,000.00		
			
2  Maximum Annual Debt Service Assessment to be Collected	$	593,617.02	**	
			
3  Total Number of Gross Acres	90.22		
			
4  Maximum Annual Debt Service per Gross Acre	$6,579.66		
			
5  Total Number of Residential Units Planned	279		
			
6  Maximum Annual Debt Service per Unit Type	See Table F		
*Preliminary, subject to change
**Grossed up to include 1% collection fee of the County Tax Collector, 1% service fee of the County Property Appraiser and 4% for early payment of taxes.

TABLE F

ALLOCATION OF DEBT SERIVCE ASSESSMENTS

KEYS EDGE COMMUNITY DEVELOPMENT DISTRICT

Product	Number of Units by Type	
ERU Factor	
Total ERUs	Maximum Annual Debt Assessment Per Unit Type*/**	Maximum Annual Debt Assessment Per
Unit*/**	
SINGLE-FAMILY	279	1.000	279.00	$	593,617	$	2,128	
						
TOTAL	279	N/A	279.00	$	593,617	N/A	
*Rounded
**Grossed up to include 1% collection fee of the County Tax Collector, 1% service fee of the County Property Appraiser and 4% for early payment of taxes.

MEMORANDUM
TO:	District Manager

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

DATE:	July 12, 2024

RE:	2024 Legislative Update

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

Chapter 2024 – 136, Laws of Florida (HB 7013). The legislation establishes a 12- year term limit for members of popularly elected bodies governing independent special districts, excluding terms starting before November 5, 2024, and excluding certain districts. Supervisors of Community Development Districts (CDDs) do not have term limits. The act provides that the boundaries of independent special districts may only be changed by general law or special act. The law revises criteria for declaring special districts inactive, to include those with no revenue, expenditures, or debt for five consecutive fiscal years, and extends the objection period for proposed inactive status declarations from 21 to 30 days. The law stipulates that a special district deemed inactive can only use funds to service outstanding debt and fulfill existing bond covenants and contractual obligations. Additionally, the law repeals section 163.3756, F.S., to align the regulations for Community Redevelopment Agencies (CRAs) with those applicable to other special districts. The bill repeals sections 165.0615 and 190.047, F.S., which allow independent special districts and CDDs, respectively, to convert to a municipality without legislative approval.

Performance Measures and Standards

The legislation also mandates special districts to establish goals, objectives, performance measures, and standards for each program and activity they undertake by October 1, 2024, or the end of their first full fiscal year, and to report annually on their achievements and performance. Furthermore, by December 1 of each subsequent year, each district must produce an annual report detailing the goals and objectives it has accomplished, the performance measures and standards used for evaluation, and any goals or objectives that were not met. The annual report must be published on the District’s website.

For independent special fire control districts, the bill requires reporting on volunteer firefighter training by October 1 annually.

The legislation reduces the maximum ad valorem millage rate for mosquito control districts from 10 mills to one mill, allowing an increase to two mills via referendum, and requires submission of work plans and budgets to receive state funds. Lastly, the law prohibits the creation of new Neighborhood Improvement Districts (NIDs) after July 1, 2024, and mandates a performance review of existing NIDs by September 30, 2025.

The effective date of this act is July 1, 2024.

Chapter 2024 – 80, Laws of Florida (HB 433). The legislation prohibits political subdivisions from establishing, mandating, or requiring employers, including those contracting with political subdivisions, to meet heat exposure requirements not mandated by state or federal law. The law clarifies that it does not limit the authority of political subdivisions to establish heat exposure requirements1 for their direct employees. Effective September 30, 2026, the law amends Florida’s wage and employment benefits law, prohibiting political subdivisions from controlling or affecting wages or employment benefits provided by vendors, contractors, service providers, or other parties through purchasing or contracting procedures. In addition the law prohibits using wages or employment benefits as evaluation factors or awarding preferences based on them. The law removes the ability of local governments to require a minimum wage for certain employees under contract terms and states that these revisions do not impair contracts entered into before September 30, 2026. Lastly, this act prohibits local governments from adopting or enforcing regulations on employee scheduling, including predictive scheduling, by private employers except as expressly authorized or required by state or federal law, rule, regulation, or federal grant requirements. Except as otherwise provided, the effective date of this act is July 1, 2024.

Chapter 2024 – 204, Laws of Florida (HB 149). The legislation raises the maximum limit for continuing contracts under the Consultants' Competitive Negotiation Act (CCNA) from an estimated per-project construction cost of $4 million to $7.5 million, with an annual adjustment based on the Consumer Price Index (CPI). Starting July 1, 2025, and annually thereafter, the Department of Management Services (DMS) is mandated to adjust the maximum allowable amount for each project in a continuing contract according to the change in the June-to-June CPI for All Urban Consumers, as issued by the Bureau of Labor Statistics. DMS is required to publish the adjusted amount on its website. The effective date of this act is July 1, 2024.

Chapter 2024 – 202, Laws of Florida (HB 59). The legislation amends section 720.303, F.S., requiring Homeowner Associations (HOAs) to provide a physical or digital copy of the HOA’s rules and covenants to all members by October 1, 2024. This requirement extends to all new members upon joining and includes providing updated copies whenever amendments to the rules or covenants occur. HOAs are authorized to set standards for the distribution method and timing for these documents. The law also stipulates that HOAs maintain certain official records, such as the HOA’s declaration of covenants and any amendments, within the state for at least seven years. These records must be accessible to parcel owners for inspection or copying, either physically or electronically. The effective date of this act is July 1, 2024

1 A standard to control an employee’s exposure to heat or sun and mitigate its effects. This includes employee monitoring, water consumption, cooling measures, acclimation periods, informational notices, heat exposure programs, first-aid measures, protections for reporting heat exposure, and related reporting and recordkeeping.

Chapter 2024 – 221, Laws of Florida (HB 1203). The legislation establishes educational requirements for community association managers (CAMs) and HOA directors. By January 1, 2025, HOAs with 100 or more parcels must post certain official records on their website or application. It allows parcel owners to request a detailed accounting of any amounts owed to the HOA, and if not provided, the board forfeits any outstanding fine under specific conditions. The bill prohibits HOAs and their committees from imposing requirements on the interior of structures not visible from the frontage, adjacent property, common areas, or golf courses. The law also forbids the need for HOA or committee approval for central air-conditioning, heating, or ventilating systems if not visible from the frontage, adjacent property, common area, or golf course, and if they are similar to approved systems. Criminal penalties are introduced for HOA officers, directors, or managers accepting kickbacks. Additionally, HOAs cannot prevent homeowners from installing vegetable gardens and clotheslines in non-visible areas, and certain HOA election voting activities are classified as a first-degree misdemeanor. The effective date of this act is July 1, 2024.

Chapter 2024 – 44, Laws of Florida (HB 621). The legislation establishes section 82.036, F.S., creating a process for removing unauthorized persons (squatters) from residential property. Property owners or their authorized agents can file a verified complaint with the county sheriff, who, upon verifying the complainant's identity and ownership, must serve notice to the occupants to vacate immediately. The law grants immunity to the sheriff and property owner for any property loss or damage unless the removal is wrongful. It also establishes a civil cause of action for wrongful removal, allowing the wrongfully removed party to seek damages, court costs, and attorney fees. The effective date of this act is July 1, 2024.

Chapter 2024 – 147, Laws of Florida (SB 7020). The legislation amends section 1.01, F.S., the statute defining “registered mail,” to broaden the range of acceptable delivery services for meeting statutory registered mail requirements in the state. The new definition of "registered mail" now explicitly includes any delivery service by the U.S. Postal Service or a private delivery service that provides proof of mailing or shipping and proof of delivery, confirmed by a receipt signed by the addressee or a responsible person at the delivery address. Additionally, "return receipt requested" is defined to encompass delivery confirmation services by the U.S. Postal Service or private delivery services that offer similar proof of delivery. These amendments are remedial in nature and apply retroactively. The effective date of this act is May 6, 2024.

Chapter 2024 – 263, Laws of Florida (HB 321). This legislation specifies that any individual who intentionally releases, organizes the release of, or causes the release of balloons inflated with lighter-than-air gas commits an act of littering and is subject to corresponding penalties2. However, children aged six or younger who engage in such activities are exempt from noncriminal littering infractions and associated penalties. The bill removes the exemption for balloons deemed biodegradable or photodegradable by Florida Fish and Wildlife Conservation rules. It also eliminates the provision allowing citizens to petition a circuit court to prevent the release of ten or more balloons. Additionally, the bill revises definitions in section 403.413, F.S., the Florida Litter Law, to include:

2 The penalty for littering generally corresponds to the amount of litter discarded. ≤ 15 pounds or ≤ 27 cubic feet = Noncriminal infraction, punishable by a civil penalty of $150. > 15 pounds but ≤ 500 pounds or > 27 cubic feet but ≤ 100 cubic feet = First-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine. > 500 pounds or > 100 cubic feet = Third-degree felony, punishable by up to five years’ imprisonment and a $5,000 fine. It is the duty of all law enforcement officers to enforce Florida’s Litter Law.

“Dump,” specifying that it encompasses the intentional release, organization of the release, or causation of the release of balloons.
“Litter,” explicitly adding balloons to the definition.
The effective date of this act is July 1, 2024.

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

MEMORANDUM
TO:	District Manager

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

DATE:	August 9, 2024

RE:	2024 Legislative Update – Supplemental Information

As District Counsel, throughout the year we continuously monitor pending legislation that may be applicable to the governance and operation of our Community Development District and other Special District clients. Below is a summary of an additional law that was not included in the 2024 Legislative Update.

Chapter 2024 – 184, Laws of Florida (HB 7063). The legislation, among other things, amends section 787.06, F.S., to require nongovernmental entities, when a contract is executed, renewed, or extended, with a governmental entity, to provide an affidavit, signed by an officer or a representative of the nongovernmental entity under penalty of perjury, attesting that the nongovernmental entity does not use coercion for labor or services. Special districts, including community development districts, are defined as governmental entities under this statute. The effective date of this act is July 1, 2024.

For convenience, we have included a copy of the legislation referenced in this memorandum. In addition, attached is a form of the affidavit that nongovernmental entities will need to execute when entering, renewing, or extending a contract with a community development district or special district. We request that you include this supplemental memorandum as part of the agenda packages for upcoming meetings of the governing boards of those special districts in which you serve as the District Manager and this firm serves as District Counsel.

Enclosures (2)

RESOLUTION 2024-12

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE KEYS EDGE COMMUNITY DEVELOPMENT DISTRICT ADOPTING GOALS, OBJECTIVES, AND PERFORMANCE MEASURES AND STANDARDS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Keys Edge Community Development District (the “District”) is a local unit of special-purpose government created and existing under and pursuant to Chapters 189 and 190, Florida Statutes, as amended; and

WHEREAS, effective July 1, 2024, the Florida Legislature adopted House Bill 7013, codified as Chapter 2024-136, Laws of Florida (“HB 7013”) and creating Section 189.0694, Florida Statutes; and

WHEREAS, pursuant to HB 7013 and Section 189.0694, Florida Statutes, beginning October 1, 2024, the District shall establish goals and objectives for the District and create performance measures and standards to evaluate the District’s achievement of those goals and objectives; and

WHEREAS, the District Manager has prepared the attached goals, objectives, and performance measures and standards and presented them to the Board of the District; and

WHEREAS, the District’s Board of Supervisors (“Board”) finds that it is in the best interests of the District to adopt by resolution the attached goals, objectives and performance measures and standards.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE KEYS EDGE COMMUNITY DEVELOPMENT DISTRICT:

SECTION 1. The recitals so stated are true and correct and by this reference are incorporated into and form a material part of this Resolution.
SECTION 2. The District Board of Supervisors hereby adopts the goals, objectives and performance measures and standards as provided in Exhibit A. The District Manager shall take all actions to comply with Section 189.0694, Florida Statutes, and shall prepare an annual report regarding the District’s success or failure in achieving the adopted goals and objectives for consideration by the Board of the District.

SECTION 3. If any provision of this resolution is held to be illegal or invalid, the other provisions shall remain in full force and effect.

SECTION 4. This resolution shall become effective upon its passage and shall remain in effect unless rescinded or repealed.

PASSED AND ADOPTED this 25th day of September, 2024.

ATTEST:	KEYS EDGE COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chair/Vice Chair

Exhibit A: Performance Measures/Standards and Annual Reporting

Exhibit A

Program/Activity:	District Administration
Goal:	Remain compliant with Florida Law for all district meetings

Objectives:
Notice all District regular meetings, special meetings, and public hearings.
Conduct all post-meeting activities.
District records retained in compliance with Florida Sunshine Laws.

Performance Measures:
All Meetings publicly noticed as required.
Achieved: Yes ☐ No ☐
Meeting minutes and post-meeting action completed as evidenced by District Management’s records.
Achieved: Yes ☐ No ☐
District records retained as required by law, and readily available to the public.
Achieved: Yes ☐ No ☐

Program/Activity:	District Finance
Goal:	Remain Compliant with Florida Law for all district financing activities

Objectives:
District adopted fiscal year proposed budget by June 15 and the final fiscal year budget by September 30.
District amended fiscal year budget within 60 days following the end of the fiscal year.
Process all District finance accounts receivable and payable
Support District annual financial audit activities

Performance Measures:
District adopted fiscal year proposed budget by June 15 and the final fiscal year budget by September 30.
Achieved: Yes ☐ No ☐
District amended budget within 60 days following the end of the fiscal year.
Achieved: Yes ☐ No ☐
District accounts receivable/payable processed for the year.
Achieved: Yes ☐ No ☐
“No findings” for annual financial audit (yes/no)
Achieved: Yes ☐ No ☐
If “yes” explain: 	

Program/Activity:	District Operations
Goal:	Insure, Operate and Maintain District owned Infrastructure & assets

Objectives:
Annual renewal of District insurance policy(s).
Obtain all necessary contracted services for District operations and infrastructure.
Determine all vendors are in compliance with contracts with District.

Performance Measures:
District insurance policies reviewed and in place.
Achieved: Yes ☐ No ☐
Contracted Services obtained for all District operations.
Achieved: Yes ☐ No ☐
All District contracts in compliance.
Achieved: Yes ☐ No ☐

THIS INSTRUMENT PREPARED BY AND RETURN TO:
Michael J. Pawelczyk, Esq.
Billing, Cochran, Lyles, Mauro & Ramsey, P.A. 515 East Las Olas Boulevard, Suite 600
Fort Lauderdale, FL 33301	

ABOVE SPACE RESERVED FOR RECORDING PURPOSES ONLY	

LIEN OF RECORD OF THE
KEYS EDGE COMMUNITY DEVELOPMENT DISTRICT (ASSESSMENT AREA ONE PROJECT)

Notice is hereby given this    day of 	, 2024 that the Keys Edge Community Development District (the “District”), a unit of special purpose local government established pursuant to Chapter 190, Florida Statutes, the Uniform Community Development District Act of 1980, as amended (the “Act”), enjoys a governmental lien of record on the property described in Exhibit “A” attached hereto. Such lien is coequal with the lien of all state, county, district and municipal taxes, superior in dignity to all other non-federal liens, titles, and claims until paid pursuant to the Act and other applicable law. The District’s lien secures the payment of special assessments levied in accordance with the Act and other applicable law, for the purpose of funding the District’s operating and maintenance expenses, and to pay the District’s bond indebtedness for the purpose of funding various improvements incurred by the District in connection with the issuance of the $	 Keys Edge Community Development District Special Assessment Bonds, Series 2024 (Assessment Area One Project). For information regarding the amount of the special assessments encumbering the specified real property, contact the District at:

Special District Services, Inc.
2501A Burns Road
Palm Beach Gardens, FL 33410 Telephone: 561-630-4922 Email: nnguyen@sdsinc.org
THIS CONSTITUTES A LIEN OF RECORD FOR PURPOSES OF SECTION 190.021, FLORIDA STATUTES, AND ALL OTHER APPLICABLE PROVISIONS OF THE FLORIDA STATUTES AND ANY OTHER APPLICABLE LAW.

Witnesses:

KEYS EDGE COMMUNITY DEVELOPMENT DISTRICT

By:		

	, Chairperson
Print Name			Board of Supervisors Address 	

Print Name		 Address 	

Attest: 		 Nancy Nguyen, Secretary

	 day of 	, 2024

STATE OF FLORIDA	} COUNTY OF MIAMI-DADE  }

The foregoing instrument was acknowledged before me by means of [  ] physical presence or [  ] online notarization, this 	 day of 	, 2024, by 	, the Chairperson of the Board of Supervisors of the Keys Edge Community Development District, respectively, on behalf of the District. She is personally known to me or has produced 		 as identification.

(SEAL)

Printed/Typed Name: 		 Notary Public-State of 	 Commission Number: 			
STATE OF FLORIDA	} COUNTY OF MIAMI-DADE  }
The foregoing instrument was acknowledged before me by means of [  ] physical presence or [  ] online notarization, this 	 day of 	, 2024, by Nancy Nguyen, the Secretary of the Keys Edge Community Development District, respectively, on behalf of the District. She is personally known to me or has produced 			 as identification.

(SEAL)

Printed/Typed Name: 		 Notary Public-State of 	 Commission Number: 			

Exhibit “A”

LEGAL DESCRIPTION OF PROPERTY ASSESSED
(Assessment Area One)

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

DECLARATION OF CONSENT TO JURISDICTION OF THE KEYS EDGE COMMUNITY DEVELOPMENT DISTRICT
(IMPOSITION OF SPECIAL ASSESSMENTS AND IMPOSITION OF LIEN OF RECORD)
The undersigned entities, ONX-ODAGLED GRAND PALMS II, LLC, a Delaware limited liability company, registered to do business in the State of Florida, whose principal address is 1200 NW 4th Street, Homestead, Florida 33030 (the “ONX II”) and ONX- ODAGLED GRAND PALMS, LLC, a Delaware limited liability company, registered to do business in the State of Florida, whose principal address is 1200 NW 4th Street, Homestead, Florida 33030 (the "ONX I,” and, together with ONX II, the “Landowner”), are the owners and developer of those certain lands which are described in Exhibit A attached hereto (the “District Lands”) located within the boundaries of the Keys Edge Community Development District (the "District") in Florida City, Miami-Dade County, Florida. ONX II and the ONX I, intending that ONX II, ONX I, and their respective successors, successors-in-title, and assigns shall be legally bound by this Declaration, hereby declare, acknowledge and agree as follows:
The District is, and has been at all times, on and after August 3, 2007, a legally created, duly organized, and validly existing community development district under the provisions of Chapter 190, Florida Statutes, as amended (the “Act”). Without limiting the generality of the foregoing, the Landowner acknowledges that: (a) the petition filed with the Board of County Commissioners (the “County Commission”) of Miami-Dade County, Florida (the “County”), relating to the creation of the District contained all matters required by the Act to be contained therein and was filed in the manner and by the persons required by the Act; (b) Ordinance No. 07-106 enacted July 24, 2007 and effective August 3, 2007, was duly enacted by the County Commission in compliance with all applicable requirements of law; (c) Resolution No. 07-14 was duly adopted by the City Commission (the City Commission” of the City of Florida City (the “City”) on March 27, 2007, in compliance with all applicable requirements of law, consenting to the establishment of the District; (d) Ordinance No. 07-173 enacted December 4, 2007 and effective December 14, 2007, amending the legal description of the District boundaries, was duly enacted by the County Commission in compliance with all applicable requirements of law; (e) the petition filed with the County Commission, relating to the expansion and contraction of the boundaries of the District contained all matters required by the Act to be contained therein and was filed in the manner and by the persons required by the Act; (f) Ordinance No. 24-35 enacted April 16, 2024 and effective April 26, 2024, was duly enacted by the County Commission in compliance with all applicable requirements of law; (g) Resolution No. 22-69 was duly adopted by the City Commission on October 25, 2022, consenting to the expansion and contraction of the boundaries of the District; and (h) all

members of the Board of Supervisors of the District were duly and properly designated pursuant to the Act to serve in their respective capacities and had the authority and right to authorize, approve and undertake all actions of the District approved and undertaken from August 3, 2007.
The Landowner, each on behalf of itself, its successors, successors-in-title, and assigns, hereby confirm and agree that the special assessments (the "Special Assessments") imposed by Resolutions 2024-02, 2024-03, and 2024-08, duly adopted by the Board of Supervisors of the District (the "Board") on April 29, 2024, April 29, 2024, and June 6, 2024, respectively (the "Assessment Resolutions"), the Master Special Assessment Methodology Report for Keys Edge Community Development District, dated April 29, 2024, prepared by Special District Services, Inc., as the same may be amended and supplemented from time to time by the District Board of Supervisors in connection with the issuance of the Bonds, as later defined, and all proceedings undertaken by the District with respect thereto have been in accordance with applicable Florida law, that the District has taken all actions necessary to date to levy and impose the Special Assessments, and the Special Assessments are legal, valid and binding first liens upon the District Lands co-equal with the lien of all state, county, district and municipal taxes, superior in dignity to all other non-federal liens, titles and claims, until paid.
The Landowner, each on behalf of itself and its successors, successors-in-title, and assigns, including homebuyers/end users, hereby confirm and agree that Special Assessments are due and payable on the due date and in the manner established by the District.
The Landowner, each on behalf of itself and its successors, successors-in-title, and assigns, including homebuyers/end users, hereby waive the right granted in Chapter 170.09, Florida Statutes, to prepay the Special Assessments without interest within thirty (30) days after the improvements constituting the District’s public infrastructure project funded in part with the net proceeds of the Bonds (as later defined herein) (the “Improvements”) are completed, in consideration of the rights granted by the District to prepay the Special Assessments in full or in part at any time, but with interest, under the circumstances set forth in the Assessment Resolutions of the District levying the Special Assessments.

The Landowner hereby expressly acknowledges, represents and agrees that (i) the Special Assessments, the Assessment Resolutions, the terms of the Acquisition Agreement entered into by the District and the Landowner, dated June 30, 2022, and the terms of this Declaration of Consent (the “Financing Documents”), all of which pertain to the District's proposed issuance of its not-to-exceed $33,500,000 Keys Edge Community Development District Special Assessment Bonds, in one or more series (the “Bonds”) or securing payment thereof, are valid and binding obligations enforceable in accordance with their respective terms;
(ii) there are no claims or offsets whatsoever against, or defenses or counterclaims whatsoever relating to payments of the Special Assessments or claims of invalidity, deficiency or unenforceability of the Special Assessments and Financing Documents, the Improvements and the benefit thereof to the District Lands, or any portions thereof (and the Landowner hereby expressly waives any such claims, offsets, defenses or counterclaims); (iii) the Landowner expressly waives and relinquishes any argument, claim or defense that foreclosure proceedings cannot be commenced until one (1) year after the date of a Landowner's default, and agrees that
(1) the Special Assessments are not a "tax," and (2) immediate use of remedies in Chapter 170,

Florida Statutes, is an appropriate and available remedy, notwithstanding the provisions of Section 190.026, Florida Statutes; and (iv) the Landowner expressly waives and relinquishes any argument, claim or defense that the either Landowner may have regarding the District’s collection of the Special Assessments.
This Declaration shall represent a lien of record for purposes of Chapter 197, Florida Statutes, including, without limitation, Section 197.573, Florida Statutes. Other information regarding the Special Assessments is available from Special District Services, Inc., 2501A Burns Road, Palm Beach Gardens, Florida 33410 (or any successor District Manager or Collection Agent).

THE DECLARATIONS, ACKNOWLEDGEMENTS, WAIVERS AND AGREEMENTS CONTAINED HEREIN SHALL BE BINDING ON THE LANDOWNER AND ON ALL PERSONS (INCLUDING CORPORATIONS, PARTNERSHIPS, LLCs, ASSOCIATIONS, TRUSTS AND OTHER LEGAL ENTITIES, WHATEVER FORM) TAKING TITLE TO ALL OR ANY PART OF THE DISTRICT LANDS, AND THEIR SUCCESSORS IN INTEREST, WHETHER OR NOT THE DISTRICT LANDS IS PLATTED AT SUCH TIME. BY TAKING SUCH TITLE, SUCH PERSONS SHALL BE DEEMED TO HAVE CONSENTED AND AGREED TO THE PROVISIONS OF THIS DECLARATION TO THE SAME EXTENT AS IF THEY HAD EXECUTED IT AND BY TAKING SUCH TITLE, SUCH PERSONS SHALL BE ESTOPPED FROM CONTESTING, IN COURT OR OTHERWISE, THE VALIDITY, LEGALITY AND ENFORCEABILITY OF THIS DECLARATION. SECTIONS 1, 2, AND 5 ABOVE SHALL NOT BE DEEMED TO BE APPLICABLE TO HOMEBUYERS/END USERS. NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED IN THIS DECLARATION SHALL BE DEEMED TO BE A REPRESENTATION OR WARRANTY BY ANY PARTY TO THIS DECLARATION AS TO THE TRUTH OR ACCURACY OF THE MATTERS SET FORTH IN SECTIONS 1, 2, OR 5(i) OF THIS DECLARATION. HOMEBUYERS AND END-USERS ACQUIRING PROPERTY AFTER THE RECORDING OF THIS DECLARATION OF CONSENT ARE BOUND BY THE TERMS OF PARAGRAPH 4 HEREOF. THIS DECLARATION IS INTENDED TO BE A WAIVER AS AGAINST ANY PARTY DEEMED TO HAVE PROVIDED THE DECLARATIONS, ACKNOWLEDGEMENTS AND AGREEMENTS CONTAINED IN THIS DECLARATION AND SUCH PARTIES HEREBY WAIVE ANY DEFENSE AS TO VALIDITY, LEGALITY AND ENFORCEMENT AGAINST SUCH PARTY AS TO THE MATTERS CONTAINED IN THIS DECLARATION.

Effective the     day of 	, 2024.

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ONX-ODAGLED  GRAND  PALMS  II,
LLC, a Delaware limited liability company, authorized to do business in the State of Florida

Witnesses:

By: 		 Print name: 	
Print Name	 	Title: 	 Address 	

	 day of 	, 2024

Print Name	 Address 	

STATE OF 	 } COUNTY OF 	  }

The foregoing instrument was acknowledged before me by means of [ ] physical presence or [   ] online notarization, this      day of 	, 2024, by
	,  as 	 of ONX- ODAGLED GRAND PALMS II, LLC, a Delaware limited liability company, for and on behalf thereof, who is [  ] personally known to me or [  ] has produced 		 as evidence of identification..

(SEAL)

Notary Public

Name: 		 (type or print)

My Commission Expires:

ONX-ODAGLED GRAND PALMS, LLC,
a Delaware limited liability company, authorized to do business in the State of Florida

Witnesses:

By: 		 Print name: 	
Print Name	 	Title: 	 Address 	

	 day of 	, 2024

Print Name	 Address 	

STATE OF 	 } COUNTY OF 	  }

The foregoing instrument was acknowledged before me by means of [ ] physical presence or [   ] online notarization, this      day of 	, 2024, by
	,  as 	 of ONX- ODAGLED GRAND PALMS, LLC, a Delaware limited liability company, for and on behalf thereof, who is [  ] personally known to me or [  ] has produced 		 as evidence of identification..

(SEAL)

Notary Public

Name: 		 (type or print)

My Commission Expires:

Exhibit A

DISTRICT LANDS

The North ¼ of the Southeast ¼ of Section 23, Township 57 South, Range 38 East, LESS the East 35.00 feet thereof, lying and being in Miami-Dade County, Florida.

And

The Northwest ¼ of the Southwest ¼ of the Southeast ¼ of Section 23, Township 57 South, Range 38 East, lying and being in Miami-Dade County, Florida.

And
The Southeast ¼ of the Northwest ¼ of the Southeast ¼ in Section 23, Township 57 South, Range 38 East, lying and being in Miami-Dade County, Florida.

And

The East ½ of the Southwest ¼ of the Southeast ¼ of Section 23, Township 57 South, Range 38 East, lying and being in Miami-Dade County, Florida, LESS the South 295.00 feet thereof.

And

The West ½ of the Southeast ¼ of the Southeast ¼ of Section 23, Township 57 South, Range 38 East, LESS the North 25.00 feet of the Northwest ¼ of the Southeast ¼ of the Southeast ¼ of Section 23, Township 57 South, Range 38 East, for right of way purposes, and LESS the South
295.00 feet thereof, lying and being in Miami-Dade County, Florida.

Together With:
The South 700 feet of the East 1/2 of the Southeast 1/4 of the Southeast 1/4, LESS the East
390.21 feet and LESS the South 295 feet thereof, in Section 23, Township 57 South, Range 38 East, lying and being in Miami-Dade County, Florida.
LESS:
That portion of NW 189th Avenue as shown on certain Right-of-Way Deed to the City of Florida City for public Right-of-Way, recorded in Official Records Book 32068, at Page 3277, of the Public Records of Miami-Dade County, Florida, LESS the West 25.00 feet of the South 295.00 feet of the East ½ of the Southeast ¼ of the Southeast ¼ of Section 23, Township 57 South, Range 38 East, Miami-Dade County, Florida.