Agenda Item No. 4(E)

Date:	April 21, 2026

To:	Honorable Chairman Anthony Rodriguez

and Members, Board of County Commissioners
From:	Daniella Levine Cava Mayor
Subject:	Ordinance Creating the San Diego Villas Community Development District

Executive Summary
The purpose of this item is to gain authorization from the Board of County Commissioners (Board) to create a Community Development District (CDD) in Unincorporated Miami-Dade County (County), Florida. CDDs are a local unit of special-purpose government created according to Chapter 190 of the Florida Statutes.

Recommendation
It is recommended that the Board adopt the attached Ordinance creating the San Diego Villas Community Development District (District) in the 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 the acceptance of the Declaration of Restrictive Covenants running with the lands within the jurisdiction of the CDD.

Scope
This District is located within Commission District 9, which is represented by Vice Chairman Kionne L. McGhee, and will provide funding for capital improvements, as well as multipurpose maintenance functions, within the CDD. In accordance with Rule 5.06(k) of the Board's Rules of Procedure, Vice Chairman McGhee has been notified in writing that the department received a petition to create the District within the boundaries of Commission District 9.

Fiscal Impact/Funding Source
The creation of the District will have no fiscal impact on the County. CDD funding is derived from assessments levied against the properties within the CDD, which are secured by a lien against the properties and collected directly by the CDD or through the annual Combined Real Property tax bill pursuant to an interlocal agreement with the County.

Social Equity Statement
The proposed Ordinance grants a petition for the creation of the District, pursuant to the procedures and factors set forth in section 190.005, Florida Statutes.

If approved, pursuant to Chapter 190, Florida Statutes, the District will have the power to levy taxes and special assessments and charge, collect, and enforce fees and other user charges affecting property owners within the proposed District, regardless of their demographics. The CDD is a timely, efficient, effective, responsive, and economic way to deliver and finance basic community development services.

Honorable Chairman Anthony Rodriguez
and Members, Board of County Commissioners Page 2
Track Record/Monitor
This development has private roads that are to be maintained by a Homeowners’ Association (HOA) or the District. A Special Taxing District will be created to maintain the development’s infrastructure, such as private roadways, private area storm drainage, and landscaping, should the District be dissolved or fail to fulfill its maintenance obligations. This Special Taxing District will remain dormant until such time as the County determines to implement the Special Taxing District.

Delegation of Authority
This Ordinance does not delegate any authority to the County Mayor or designee.

Background
Lennar Homes, LLC. (“Petitioner”), on behalf of the owner of the San Diego Villas development (Development), has filed an application to create the District in connection with said Development. The San Diego Villas development is a proposed 23.09-acre residential development lying wholly within the County, in an area bounded by SW 189 Avenue on the east, SW 358 Street on the south, SW 192 Avenue/Tower Road on the west, and SW 355 Street on the north. The District is designed to provide a financing mechanism for community infrastructure, facilities, and services along with certain ongoing operations and maintenance for the development. The development plan for the lands within the proposed District includes construction of 271 villa units with associated roadway improvements, stormwater management system, wastewater collection system, and water distribution system, which are estimated to cost approximately $16.055 million. This development has private roads that are to be maintained by an HOA or the District. A detailed summary of District elements, as well as the cost and anticipated lack of fiscal impacts to government agencies, are presented in the attached application submitted by the Petitioner.  In accordance with Chapter 190, Florida Statutes, the Petitioner has paid a filing fee of
$15,000.00 and an additional $9,000.00 for advertising costs 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, which was adopted on July 18, 2006, to add language regarding the option to pay capital assessments in full at the time of closing. The Declaration of Restrictive Covenants provides for: (1) notice in the public records of the projected taxes and assessments to be levied by the District; (2) individual prior notice to the initial purchaser of a residential lot or unit within the development; and (3) 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.
This Board is authorized by the Florida Constitution and the County Home Rule Charter to establish governmental units, such as this CDD, within the County and to prescribe such government’s jurisdiction and powers.

Attachment

Roy Coley
Chief Utilities and Regulatory Services Officer

TO:

MEMORANDUM

(Revised)

Honorable Chairman Anthony Rodriguez
and Members, Board of County Commissioners

DATE:

April 21, 2026

:

Geri Bonzon-Keenan County Attorney

FROM:

SUBJECT: Agenda Item No. 4(E)

Please note any items checked.

“3-Day Rule” for committees applicable if raised

6 weeks required between first reading and public hearing

4 weeks notification to municipal officials required prior to public hearing

Decreases revenues or increases expenditures without balancing budget Budget required
Statement of fiscal impact required Statement of social equity required
Ordinance creating a new board requires detailed County Mayor’s report for public hearing

No committee review

Requires more than a majority vote (i.e., 2/3’s present	, 2/3
membership 	, 3/5’s 	, unanimous 	 , majority plus one 	, CDMP 7 votes (majority of membership) 	, CDMP 2/3 members present but not less than 7 votes (majority of membership) 	, CDMP 9 votes (2/3 membership) 		) to approve
Current information regarding funding source, index code and available balance, and available capacity (if debt is contemplated) required

Approved 	Mayor	Agenda Item No. 4(E)

Veto	 	 Override		

4-21-26

ORDINANCE NO. 	

ORDINANCE GRANTING PETITION OF LENNAR HOMES, LLC., FOR ESTABLISHMENT OF A COMMUNITY DEVELOPMENT DISTRICT GENERALLY BOUNDED ON THE NORTH BY SW 355 STREET, ON THE EAST BY SW 189 AVENUE, ON THE SOUTH BY SW 358 STREET, AND ON THE WEST BY SW 192 AVENUE/TOWER ROAD; CREATING AND ESTABLISHING SAN DIEGO VILLAS COMMUNITY DEVELOPMENT DISTRICT; PROVIDING FOR NAME, POWERS AND DUTIES; PROVIDING DESCRIPTION AND BOUNDARIES; PROVIDING INITIAL MEMBERS OF BOARD OF SUPERVISORS; ACCEPTING PROFFERED DECLARATION OF RESTRICTIVE COVENANTS; 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 1.01(A)(21) of the Miami-Dade County Home Rule Charter grants the 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(e) 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, Lennar Homes, LLC. (“Petitioner”), a Florida limited liability company, has petitioned for the establishment of the San Diego Villas Community Development District (“District”); and

Agenda Item No. 4(E)
Page No. 2

WHEREAS, a public hearing has been conducted by the Board of County Commissioners in accordance with the requirements and procedures of section 190.005(2)(b), Florida Statutes, and the applicable requirements and procedures of the Miami-Dade 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 financing 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. 4(E)
Page No. 3

WHEREAS, the owner of the properties that are 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 or units 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 Board of County Commissioners wishes to exercise the powers bestowed upon it by section 1.01(A)(21) of the Miami-Dade County Home Rule Charter in the manner provided by chapter 190, Florida Statutes; and
WHEREAS, the Board of County Commissioners finds that the District shall have those general and special powers authorized by sections 190.011 and 190.012, 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,
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 District over the real property described in the Petition attached hereto, which was filed by the petitioner on December 17, 2025, 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 as Exhibit A.

Agenda Item No. 4(E)
Page No. 4

Section 3.	The external boundaries of the District shall be as depicted in the certified

metes and bounds legal description attached hereto and incorporated herein as Exhibit B to the Ordinance. The external boundaries of the District shall be as depicted on the location map attached hereto and incorporated as Exhibit C.
Section 4.   The initial members of the Board of Supervisors shall be as follows:

Teresa Amaris Baluja Vanessa Perez
Carmen Beatriz Orozco Marc Szasz
Patrick Bellon

Section 5.	The name of the District shall be the “San Diego Villas Community

Development District.”

Section 6.	The 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 San
Diego Villas Community Development District shall be sections 190.006 through 190.041, Florida Statutes.
Section 8.	The Board of County Commissioners hereby grants to the 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.

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

Section 9.  The Board of County Commissioners hereby grants to the District the special powers authorized pursuant to section 190.012(1), Florida Statutes, and sections 190.012(2)(a), (d) and (f) (except for powers 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(1)(b), Florida Statutes, pertaining to water, wastewater 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 10. All bonds issued by the 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 District, nor any default thereon, shall constitute a debt or obligation of Miami-Dade County, except upon the express approval and agreement of the Board of County Commissioners.
Section 12. Notwithstanding any power granted to the 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.

Agenda Item No. 4(E)
Page No. 6

Section 13.	Notwithstanding  any  power  granted  to  the  District  pursuant  to  this

Ordinance, the District may exercise the power of eminent domain outside the District’s existing boundaries only with the prior specific and express approval of the Board of County Commissioners.
Section 14.  This Board hereby accepts that Declaration of Restrictive Covenants

proffered by the owner of the lands within the jurisdiction of the District, in connection with the Petition	submitted	by	the	Petitioner	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.
PASSED AND ADOPTED:

________

Approved by County Attorney as to form and legal sufficiency.

________

 	

Prepared by: Michael J. Mastrucci

Memorandum 

Date: To:

From:

December 17, 2025

Basia Pruna, Deputy Clerk Office of the Clerk of the Board Attn: Shania Momplaisir

Liset Romero-Lopez, J.D., Chief Special Assessment Districts Division
Parks, Recreation and Open Spaces Department

Subject:	San Diego Villas Community Development District Creation

The attached petition was submitted by Lennar Homes, LLC. and has been finalized, reviewed, and deemed complete by the Miami-Dade County Parks, Recreation and Open Spaces Department pursuant to Chapter 190, Florida Statutes, and Miami-Dade County Policy.

The filing date of record is December 17, 2025.

Attachment

c:	Michael Mastrucci Assistant County Attorney

"EXHIBIT A to the Ordinance"

PETITION TO CREATE SAN DIEGO VILLAS COMMUNITY DEVELOPMENT DISTRICT

Dated: December 17, 2025

MDC011

PETITION TO ESTABLISH SAN DIEGO VILLAS COMMUNITY DEVELOPMENT DISTRICT

MDC012

PETITION TO ESTABLISH SAN DIEGO VILLAS COMMUNITY DEVELOPMENT DISTRICT

Petitioner, Lennar Homes, LLC, a Florida limited liability company (“Petitioner”), petitions Miami-Dade County, Florida (“County”), pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes and the Miami-Dade County Home Rule Charter, to adopt an ordinance to establish a Community Development District (the “District”) and to designate the land area for which the District would manage and finance basic services delivery and states as follows:
Petitioner and Authorized Agent:  Petitioner is a Florida limited liability

company, which has principal offices at 5505 Waterford District Drive, Miami, Florida 33126. Copies of all correspondence and official notices should also be sent to the authorized agent for Petitioner:
Michael J. Pawelczyk, Esq.
Billing, Cochran, Lyles, Mauro & Ramsey, P.A. 515 E. Las Olas Boulevard, Suite 600
Fort Lauderdale, Florida 33301 Phone: 954-764-7150
Email: mpawelczyk@bclmr.com

District Location and Description: The land area to be included in the District

comprises approximately 23.09 +/- gross acres. A map showing the location of the land area to be included in the District is attached hereto as Exhibit 1. All of the land within the proposed District is located in unincorporated Miami-Dade County, Florida. A metes and bounds legal description of the external boundaries of the District is attached hereto as Exhibit 2.
District Impact:  All property within the external boundaries of the District will

be part of the District. The impact of creating the District on the parcels adjacent to the District should be positive, in that the facilities provided by the District and maintenance of same should result in an aesthetically pleasing surrounding area with beneficial infrastructure while not

detrimentally affecting anyone outside the District. In addition, any potential establishment costs to Miami-Dade County, the establishing entity, will be nominal.
Property Owners Consent:	Attached hereto as Exhibit 3 is documentation

constituting written consent to the establishment of the District by the owners of the real property to be included in and serviced by the District.
Initial Governing Board: The five (5) persons designated to serve as the initial

members of the board of supervisors of the District, who shall serve in that office until replaced by elected members, as provided in Section 190.006, Florida Statutes, are named in Exhibit 4 attached hereto.
District Name: The proposed name of the District is San Diego Villas Community

Development District.

Water and Sewer Lines: The major trunk water mains, sewer interceptors and

outfalls currently in existence to serve the District are identified on Exhibit 5 attached hereto.

Timetables and Construction Costs:	The proposed timetable and related

estimates of cost to construct the District services and facilities, based upon available data, are attached hereto as Exhibits 6 and 7, respectively.
Petitioner intends that the District will finance (i) roadway improvements, (ii) stormwater management system, (iii) water distribution system, and (iv) wastewater collection system. The stormwater management system and roadways will be owned and maintained by the District. The water distribution and the wastewater collection systems will be owned and maintained by Miami-Dade County.
Future Land Use: The future land use plan map is attached hereto as Exhibit 8.

The proposed residential land uses for the District are consistent with the state comprehensive plan and Miami-Dade County Comprehensive Development Master Plan.

Statement of Estimated Regulatory Costs: The statement of estimated regulatory

costs of the granting of this Petition and the establishment of the District pursuant thereto is attached hereto as Exhibit 9.
Rights to be Granted the District: Petitioner hereby requests that the District be

granted the right to exercise all powers provided for in Sections 190.012(1) and (2)(a) and (d), Florida Statutes.
Declaration of Restrictive Covenants: Attached hereto as Exhibit 10 is a copy

of Declaration of Restrictive Covenants applicable to the subject property, which has been executed by the owners of real property.
Disclosure Requirements:  Petitioner undertakes on behalf of the District that

Petitioner and the District will provide full disclosure of information relating to the public financing and maintenance of improvements to real property to be undertaken by the District as required by Section 190.009, Florida Statutes, as amended and as required as a condition of the creation of the District by the Board of County Commissioners of Miami-Dade County.
Responsibility for Landscape Maintenance in the Public-Rights-of-Way: The

maintenance of improved swales and medians in the public rights-of-way excluding swale maintenance by owners of property as defined by Chapter 19 of the Code of Miami-Dade County shall be provided by District, including but not limited to, irrigation, landscape lighting, payment of related utility bills, turf, trees, shrubs and any other landscaping improvements provided or caused by this development, covenants associated with landscaping permitting in the public rights-of-way notwithstanding. In the event the District is dissolved or becomes defunct and fails to provide maintenance services within the public rights-of-way as specified herein, the required dormant multipurpose maintenance special taxing district shall be activated to provide any such maintenance services.

Reasons for the Establishment of the District: The property within the 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 consistent with applicable elements or portions of the effective Miami-Dade County Comprehensive Development Master Plan.
The area of land within the District is part of a unified plan of development.

The land encompassing the 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 the existing local and regional community development services and facilities.
The 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 of the District.

WHEREFORE, Petitioner respectfully requests Miami-Dade County to:

Schedule a public hearing to consider this Petition pursuant to the uniform procedures set forth in Sections 190.005(2)(b) and (1)(d), Florida Statutes.
Grant the Petition and adopt an ordinance to establish the District and designate the land area to be serviced by the District, pursuant to Section 190.005(2), Florida Statutes.

Respectfully submitted this z;3 day of_j-=---0_l'J-1	' 2025.

LENNAR HOME
company

By:	'
Name: �b.�!l-�e_._6,,	, f1-'-C-'----'e/l,_S_o�;r/ 	_
Title:	Vke	Pfl.e5>l/JPf!T
STATE OF FLORIDA	) COUNTY OF MIAMI-DADE	)
The foregoing instrument was acknowledged before me by means of I»physical presence or [ ] online notarization, this 23 day of j 01.:-,     , 2025, by l'.7'rt'S) fV\c\O�[c/l   , the	\J 'f?	, of LENNAR HOMES, LLC, a limited liability company, who is personally known to me !)(.]or produced---�   as identification/

,'�o"�'

,,,���f:,,, CARMEN BEATRIZ OROZCO

�;.	;g Commission# HH 600703
�,;�0F f'\.�$"	My Commission Expires

�,1,',:: Notary Publ•ic-State of Florida

'1111111''

October 06, 2028

UJvQN!)Qf 

Typed, printed or stamped name of Notary Public

EXHIBIT 1 LOCATION

EXHIBIT 2
METES AND BOUNDS DESCRIPTION

EXHIBIT	,� II
SKETCH TO ACCOMPANY LEGAL DESCRIPTION SAN	DIEGO	VILLAS	CDD

LEGEND:
PG. DENOTES PAGE
�	DENOTES SUBJECT PARCEL

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� �\	SEC. 26, TWP.57(5) RCE.JB(E)
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TH[ S[AL APP[ARING ON THIS DOCUM[NT WAS AUTHORIZ[D BY MARK STEVEN JOHN5r)/{t=/1.S;M!c1f[75

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LA.ND SURVEYORS-ENGINEERS-LAND PLA.NNERS - 2844 CORPORATE WAY�lRAMAR(1'FL'i03025	, ,.,.

vii�	============

PHONE No.(954)435-7010	'.� :	1'	ia-"-,,'',.,..;··�	i
ORDER NO. 219881A	PREPARED UNDER MY SUPE!f.:�ISl�N:	S(fi!E OF	• o..
DATE: JUN[ 20, 2025	Y�?;b.{/YJA��-t".......�....,_--<.�c..��l--�.
THIS IS NOT A " BOUNDARY SURV[Y"	MARK ST[V[N JOHNSON, PRiNcj�;.,• �(1--;�	1
CERTIFICATE OP AUTHORIZATION No. LB-87	PLORIDA PROffSSIONAL LAND SURVV(QR N�:··r/15.,°''-.?·' •
J	� 0 i ,..,..,  �-, 1 • i, , '
K.\265738\S ON[ HALF,NON[ HALF-NONE HALF- SW 1-4, SE 1-4\SKElCH AND LEGAL\SAN DIEGO VILLAS COD PLUS Ct'NT(!Rf,_'f!AR/f, VIUAS NORTH 06-20-2025.DWG

LEGAL DESCRIPTION
TO ACCOMPANY SKETCH
SAN	DIEGO	VILLAS	CDD		

LEGAL DESCRIPTION:
TH[ SOUTH 1/2 OF TH[ SOUTH 7/2	OF TH[ N.W. 7/4 OF TH[ S.E. J/4 OF SECTION 26, TOWNSHIP 57
SOUTH, RANG[ 38 EAST, LYING AND BEING IN DAD[ COUNTY, FLORIDA.

SUBJECT TO THAT CERTAIN FLORIDA DEPARTMENT OF TRANSPORTATION MAINT[NANC[ MAP RECORDED IN RIGHT OF WAY PLAT BOOK 724 PAGE 5 OF TH[ PUBLIC RECORDS OF MIAMI DADE COUNTY.
AND
TH[ EAST J/2 OF THE NORTH 7/2 OF TH[ NORTH J/2 OF THE NORTH 7/2	OF THE S.W. 7/4 OF THE SE J/4 OF SECTION 26, TOWNSHIP 57 SOUTH, RANGE 38 [AST, LYING AND BEING IN DADE COUNTY, FLORIDA, LESS THEREFROM TH[ EAST 25 FEET THEREOF

TOGETHER WITH:
THE SOUTH 7/2	OF TH[ NORTH J/2 OF THE SOUTHWEST 7/4 OF THE SOUTHEAST 7/4 OF SECTION 26,
TOWNSHIP 57 SOUTH, RANGE 38 [AST, IN MIAMI-DAD[ COUNTY, FLORIDA.
SUBJECT TO RIGHT-OF-WAY PER MAINTENANCE MAP OF STAT[ ROAD NO. 9336 AS RECORDED IN MAP BOOK
124, PAGE 5, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.

NOTES:
7) AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIPTION MUST BEAR THE S/GNATUR[ AND EMBOSSED SEAL
or TH[ ATT[ST/NG PROFESSIONAL LAND SURVEYOR.
2) THIS SKETCH HAS BffN PREPARED FOR THE EXCLUSIVE USE OF THE ENTITY (ENTITIES) NAMED HEREON ONLY. THE ATTACHED CERT/FICA T/ON DO[S NOT EXTEND TO ANY UNNAMED PARTIES.

THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY MARK STEVEN JOHNSON,.,,PS.M. 4715

s�-	s�	&	

	A�--�/'"?m!-. ..,�:\.c�·. REVISIONS	
	LAND SURVEYORS-ENGINEERS-LAND PLANNERS -  2844 CORPORATE W�Y�f;RAMAR(Yf.L4·33025	, ...,.,.,..-�	ii

PHONE No.(954)435-7010	� :;, �	f;	,.-: c"'......,.:'�	il
ORDER NO. 219881 A	PRJEPIARED IUNDERUJM/Y SUPE•R·.\i·'.LSl0·,aN: 18· iii !E O•F•	:	fl:'	.�	1
11	,1-++-
DATE: JUN[ 20, 2025	e/tllO/rlv J	{,{?,,(}Ml,, •;)J�	?· ./  ....,.-::<�	1
THIS IS NOT A " BOUNDARY SURVEY"	MARK STEVEN JOHNSON, PR/N§fPtt•��}:-!.'.:,,;_';:/  .{, ';'•
CERTIFICATE OF AUTHORIZATION No. LB-87	FLORIDA PROFESSIONAL LAND SUR\lt.Y,OR No. 4775..;,. ·,·,-�------
, • !. (\ ' �..  ,.,. \ _: \ ' ' •  '	

MDC022

K. \265738\S ON[ NALF .N ON[ NALF-N ON[ HALF- SW 1-4. 5[ 1-4\SKUCH AND L[GAL\SAN 0/[CO VILLAS COD PLUS CE'NTUR('f;ARK .VltLAS NORTH 06-20-2025.DWG

EXHIBIT 3
AFFIDAVIT OF OWNERSHIP AND CONSENT OF
SAN DIEGO VILLAS COMMUNITY DEVELOPMENT DISTRICT
On this j_	day of _ _,_,)�UN--��-' 2025, STEVEN S. BENSON, ("Affiant"), who personally appeared before me, an officer duly authorized to administer oaths and take acknowledgements, after being
duly sworn, deposes and says:
Affiant is Manager of Essential Housing Asset Management, LLC, an Arizona limited liability company, as authorized agent ofTPG AG EHC III (LEN) Multi State 2, LLC, a Delaware limited liability company (the "Owner").
The Owner is the owner of the following described property, to wit: See Exhibit "A" attached hereto (the "Property")
Affiant hereby represents that Affiant has full authority to execute all documents and instruments on behalf of the Owner, including the Petition before the Board of County Commissioners of Miami-Dade County, Florida, to adopt an ordinance to establish the San Diego Villas Community Development District (the "Proposed CDD").
The Property constitutes all of the real property to be included in the Proposed CDD.
Affiant, on behalf of the Owner, hereby consents to the establishment of the Proposed CDD.
TPG AG EHC III (LEN) MULTI STATE 2, a Delaware
limited liability company

By:

By:

ESSENTIAL HOUSING ASSET
MANAGEMENT, LLC, an Arizona limited liabilitY, ompany, as authorized agent

C-rZ-	

Name: Steven S. Benson Title:	Manager

STATE OF ARIZONA	)
COUNTY OF MARICOPA	)

The foregoing instrument was acknowledged before me by means of [-{'physical presence or [ ] online notarization, this L day of � l/llL_  , 2025, by Steven S. Benson, as Manager of Essential

Jaime Marie Adams
,'	Notary Public
;	,	Maricopa County, Arizona
My Comm. Expires 07-01-25 Commission No. 607030

Housing Asset Management, LLC, an rizona limited liability company, as authorized agent for TPG AG EHC III (LEN) MULTI STATE 2, LLC, a Delaware limited liability company. He is personally knQ_wn to me [ '-}"'or produced 	 as identification.	- 

�/2µ:�	

Typed, printed or stamped name of Notary Public

LEGAL DESCRIPTION:

THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 26, TOWNSHIP 57 SOUTH, RANGE 38 EAST, IN MIAMI-DADE COUNTY, FLORIDA.
SUBJECT TO RIGHT OF WAY PER MAINTENANCE MAP OF STATE ROAD NO. 9336 AS RECORDED IN MAP BOOK 124 PAGE 5, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.

EXHIBIT 3
AFFIDAVIT OF OWNERSHIP AND CONSENT OF
SAN DIEGO VILLAS COMMUNITY DEVELOPMENT DISTRICT
On this Jk_ day of	J(MI...,	, 2025, STEVEN S. BENSON, ("Affiant"), who personally appeared before me, an officer duly authorized to administer oaths and take acknowledgements, after being
duly sworn, deposes and says:
Affiant is Manager of Essential Housing Asset Management, LLC, an Arizona limited liability company, as authorized agent ofTPG AG EHC III (LEN) Multi State 6, LLC, a Delaware limited liability company (the "Owner").
The Owner is the owner of the following described property, to wit: See Exhibit "A" attached hereto (the "Property")
Affiant hereby represents that Affiant has full authority to execute all documents and instruments on behalf of the Owner, including the Petition before the Board of County Commissioners of Miami-Dade County, Florida, to adopt an ordinance to establish the San Diego Villas Community Development District (the "Proposed CDD").
The Property constitutes all of the real property to be included in the Proposed CDD.
Affiant, on behalf of the Owner, hereby consents to the establishment of the Proposed CDD.
TPG AG EHC III (LEN) MULTI STATE 6, a Delaware
limited liability company

By:

By: Name: Title:

ESSENTIAL HOUSING ASSET
MANAGEMENT, LLC, an Arizona limited l�n.S',as au 10rize�nt

Steven S. Benson Manager

STATE OF ARIZONA	)
COUNTY OF MARICOPA	)

�J	,

The foregoing instrument was acknowledged before me by means of [,f'physical presence or [] online notarization, this �  day of		2025, by Steven S. Benson, as Manager of Essential Housing Asset Management, LLC, an Arizona limited liability company, as authorized agent for TPG AG EHC III (LEN) MULTI STATE 6, LLC, a Delaware limited liability company. He is personally known to me [4or produced 	as identification.

Jaime Marie Adams
._ ,·	Notary Public
�  Maricopa County. Arizona
.._  .-' My Comm. Expires 07-01-25
Commission No, 607030

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Typed, printed or stamped name ofotary Public

Exhibit "A" to Affidavit Legal description of Property

THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE N.W. 1/4 OF THE S.E. 1/4 OF SECTION 26, TOWNSHIP 57 SOUTH, RANGE 38 EAST, LYING AND BEING IN DADE COUNTY, FLORIDA.
SUBJECT TO THAT CERTAIN FLORIDA DEPARTMENT OF TRANSPORTATION MAINTENANCE MAP RECORDED IN RIGHT OF WAY PLAT BOOK 124 PAGE 5 OF THE PUBLIC RECORDS OF MIAMI DADE COUNTY.
AND

THE EAST 1/2 OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE S.W. 1/4 OF THE S.E. 1/4 OF SECTION 26, TOWNSHIP 57 SOUTH, RANGE 38 EAST, LYING AND BEING IN DADE COUNTY, FLORIDA, LESS THEREFROM THE EAST 25 FEET THEREOF.

EXHIBIT 4

INITIAL MEMBERS OF THE DISTRICT BOARD OF SUPERVISORS

Teresa Amaris Baluja Vanessa Perez
Carmen Beatriz Orozco Marc Szasz
Patrick Bellon

All of the initial members of the Board of Supervisors are residents of the State of Florida and citizens of the United States.

Teresa Amaris Baluja
Director of Property Management for SE Region at Lennar Homes 5505 Blue Lagoon Drive, 5th Floor
Miami, Florida, 33126
Tel: 305-485-2080

Current Employment:

Lennar Homes
HOA Manager for SE Region
Real Estate Industry, Property Management, Contracts

Lennar Homes
Director of Property Management for SE Region
Real Estate Industry, Property Management, Contracts

Education:
FIU- Bachelors in Elementary Education CAM License
(Current)

2007-2013

2013 - Present

2006

2010

VANESSA PEREZ
5505 Blue Lagoon Drive, 5th FL, Miami, FL, 33126 786-810 8233 I Vanessa.Perez@Lennar.com

EMPLOYMENT

2019-Present

2017-2019

2016-2017

2015-2016

Property Manager, Lennar Homes Southeast Florida Division

Community Coordinator, Lennar Homes Southeast Florida Division

Accounts Payable Clerk, Lennar Homes Southeast Florida Division

Receptionist, Lennar Homes Southeast Florida Division

EDUCATION
2008	Certified Medical Billing & Coding, NST

CARMEN BEATRIZ OROZCO
5505 Blue Lagoon Drive, 5th Floor, Miami, FL, 33126 305-213-2793 I Carrnen.Orozco@Lennar.com

EMPLOYMENT

2017-Present

2016-2017

2014-2016

2013-2014

Property Manager, Lennar Homes Southeast Florida Division

Marketing Coordinator, Lennar Homes Southeast Florida Division

Accounts Payable Clerk, Lennar Homes Southeast Florida Division

Receptionist, Lennar Homes Southeast Florida Division

EDUCATION
2019	BAS in Supervision & Management, Miami Dade College

Marc Szasz
Senior Land Development Manager 5505 Blue Lagoon Drive. 5th Floor Miami, FL 33126
Phone: 727-455-3680
Email: Marc.Szasz@Lennar.com

Employment:

Lennar Homes, LLC
Senior Land Development Manger

Lennar Homes, LLC Land Purchasing Manager

Lennar Homes, LLC
Land Development Manager

Lennar Homes, LLC
Land Development Supervisor

February 2022 - Present

May 2020 - February 2022

April 2019 - May 2020

May 2018 - April 2019

Education

University of Miami
Bachelor of Science in Civil Engineering

May 2018

Patrick Bellon
Project Manager
5505 Waterford District Dr, Miami, FL 33126 Phone: 305-338-9424
Email: patrick.bellon@lennar.com

Employment:

Lennar Homes, LLC Project Manager

Resia
Acquisition Analyst

July 2024 - Present

June 2021 - July 2024

Education

Boston College
Bachelor of Arts in Economics	May 2022

EXHIBIT 5

MAJOR TRUNK WATER MAINS, SEWER INTERCEPTORS AND OUTFALLS

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ALVAREZ ENGINEERS, INC.
SAN DIEGO VILLAS COD
EXISTING WATER MAINS

0	200'	400'

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ALVAREZ ENGINEERS, INC.
SAN DIEGO VILLAS CDD
EXISTING ADJACENT SANITARY FORCE MAINS

0	200'	400'

EXHIBIT 6

PROPOSED TIMETABLE FOR CONSTRUCTION OF DISTRICT IMPROVEMENTS

	Start Date	Completion Date	
Roadway Improvements	Q4 2025	Q2 2026	
Stormwater Management System	Q1 2026	Q2 2026	
Water Distribution System	Q1 2026	Q2 2026	
Wastewater Collection System	Q1 2026	Q2 2026	

EXHIBIT 7

ESTIMATED COSTS OF DISTRICT IMPROVEMENTS

	Costs:	
Roadway Improvements	$ 7,285,000	
Stormwater Management System	$ 2,323,000	
Water Distribution System	$ 2,703,000	
Wastewater Collection System	$ 3,744,000	

Total Estimated Costs:	$16,055,000

EXHIBIT 8

FUTURE LAND USE

Future Land Use Map

ADOPTED 2030 AND 2040
LANO USE PLAN *
FOR MIAMI-DA.DE COUNTY, FLORIDA
RESIOENTIAl. COMMUNITIES
E&TATEDEN&fTY(EDRJt./l..$1DWAC  EIITATUIENllrt WI' c»E:.-&nYINCREABE(Dl-11 t.OWIJ005ITY CUIIII U-6 DUrM:
LOW DEN&ITY WI ONE DEN&RY 111C11EA5E (Di-1)
LOW-DENliffY I�	6-UDU(AC
t.OW-IIEIJIUM OEN5ITY N' ONE DEN&ff'Y INCREASE (OM t
-	.-&nYillOA)U-25 DWAC
-	D8181TYWl c»E:DENIIRY WCREABE(Dl-11
IEDIUII-HIGH OENafTY {MHDRt ZS.a DI.MAC
HIGH OBallTY (HORI I0-125DU/AC 0R lk>IIEIOR06& AC JWO DEN&IJY INCIIEA&E Wffll- DUIGN (Dl-21

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IIIDU5T1IW. AND OFACE
AESTRlCTED NIUSIIIW. AND OFFlllE
,._£all JUID OFF10E
OFRCEIRE&IDBITIM.

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EXHIBIT 9

STATEMENT OF ESTIMATED REGULATORY COSTS

STATEMENT OF ESTIMATED REGULATORY COSTS
Introduction

Purpose

This statement of estimated regulatory costs (“SERC”) supports the petition to form the San Diego Villas Community Development District (“District” or “CDD”) and other affiliated and participating companies (“Petitioner”) that are planning a 23.09 +/- acre residential community, (“Project”), located south of SW 355 Street, west of SW 189 Avenue, east of SW 192 Avenue and north of SW 358 Street, in unincorporated Miami-Dade County (“County”) Florida.

The District will provide community infrastructure that will serve all the land in the proposed District. The District plans to provide community infrastructure including, but not necessarily limited to, stormwater management system, water distribution system, wastewater collection system, and roadway improvements (the “Infrastructure”). The District plans to finance the Infrastructure by issuing bonds (“Bonds”) secured by, among other things, proceeds of non-ad valorem special assessments (the “Assessments”) levied on land within the District that will specially benefit from the Infrastructure all as discussed more fully below.

Scope of the Analysis

The limitations on the scope of this SERC are explicitly set out in Section 190.002(2) (d),
Fla.Stat. (governing District formation or alteration) as follows:

"That the process of establishing such a district pursuant to uniform general law 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).”

As noted above, the proposed District will provide Infrastructure and related services with operations and maintenance, to the 23.09 +/- acres comprising the Project. The current development plan for the land contained in the District is shown in Table 1 below. These plans are subject to change as market conditions may dictate in the future.
Table 1. San Diego Villas Community Development District
Development Program

Land Uses	Number of units	
Villas	271	

Requirements for Statement of Estimated Regulatory Costs.

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

An economic analysis showing whether the rule directly or indirectly:

Is likely to have an adverse impact on economic growth, private sector job creation or employment, or private sector investment in excess of $1 million in the aggregate within 5 years after the implementation of the rule;

Is likely to have an adverse impact on business competitiveness, including the ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation in excess of $1 million in the aggregate within 5 years after the implementation of the rule; or

Is likely to increase regulatory costs, including any transactional costs, in excess of $1 million in the aggregate within 5 years after the implementation of the rule.

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 or 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 rule. As used in this section, “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, the cost of monitoring and reporting, and any other costs necessary to comply with the rule.

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 in Section 120.52, Fla.Stat. The impact analysis for small businesses must include the basis for the agency’s decision not to implement alternatives that would reduce adverse impacts on small businesses.

Any additional information that the agency determines may be useful.

In the statement or revised statement, whichever applies, a description of any regulatory alternatives submitted under paragraph (1) (a)[of Section 120.541, Fla.

Stat.] and a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed rule.
(a) An economic analysis showing whether the rule directly or indirectly is likely to (1) have an adverse impact on economic growth, private sector job creation or employment, or private sector investment in excess of $1 million in the aggregate within 5 years after the implementation of the rule; (2) have an adverse impact on business competitiveness, including the ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation in excess of $1 million in the aggregate within 5 years after implementation of the rule; or (3) increase regulatory costs, including any transactional costs, in excess of $1 million in the aggregate within 5 years after the implementation of the rule.

It is unlikely the establishment/creation of the District will meet any of the triggers in Section 120.541(2)(a), Fla. Stat. The basis for this determination is provided in the discussions in Section 3.0 through Section 6.0 herein.

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.

As noted above, the proposed District will provide Infrastructure and related services to the 23.09+/- acres of land planned for the Project as outlined in Table 1. All of the ultimate property owners in the District will be required to comply with District rules and their properties will be encumbered with District obligations to pay for Infrastructure and operations and maintenance expenses incurred by the District. Based on the current development program, the following entities and individuals would be affected by the formation of the District: the owners and occupants of the residential units within the District.

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.

Costs to Governmental Agencies of Implementing and Enforcing Rule

State Governmental Entities

The cost to State entities to review or enforce the proposed rule will be very modest. The District comprises less than 2,500 acres. Therefore, the County will review and act upon the petition to establish the District.

There are minimal additional ongoing costs to various State entities to implement and enforce the proposed rule. The District is a special-purpose unit of local government, and it is required to file various reports to the State of Florida, the Department of Economic Opportunity and other agencies of the State. The filing requirements are outlined in Appendix A.  However, the additional costs to the

State and its various departments to process the additional filings from the District are very low, since the State routinely processes filings from over 500 similar districts. Finally, the filing fees paid by the District are designed to offset any additional costs to the State.

Miami-Dade County

The proposed land for the District is within unincorporated Miami-Dade County, Florida. The County and its staff will review the petition and its supporting exhibits. In addition, the County will hold public hearing(s) to discuss the petition and to take public input. These activities will absorb staff time and time of the County Commission.

However, the costs of these activities are very modest at most for the following reasons. First, the review of this petition to form the District does not include an analysis of the Project itself. In fact, such a review of the Project is prohibited by statute. Second, the petition contains all of the information necessary for its review. Third, the County already has all of the staff necessary to review the petition. Fourth, no capital costs are involved in the review. Fifth, the County routinely processes similar petitions for land use and zoning changes that are far more complicated than this petition to form the District. Finally, Petitioner will pay all statutorily-prescribed filing fees.

The annual costs to the County because of the establishment of the District are also minimal. The proposed District is an independent unit of local government, so the District is responsible for its own budget, reporting, and the full conduct of its powers within its boundaries. The only annual costs the County faces are the minimal costs of receiving and reviewing various reports that the District is required to provide, but no County action is required.

Impact on State or Local Revenues

Adoption of the proposed rule will have no negative impact on State or local revenues. The District is an independent unit of local government. It is designed to provide community facilities and services to serve the development. 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 construct its infrastructure, or for any other reason, are not debts of the State of Florida or any other unit of local government except the District. By 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 rule.

The District will provide Infrastructure and related services to the land in the District, as outlined in Table 2 below. The District will fund, own, operate and maintain the stormwater management system and the roadway improvements. The

District will also fund the water distribution system and wastewater collection system which will be owned and operated by the County.

Table 2. Proposed Facilities and Services

Facility	Funded By	O&M By	Ownership	
Stormwater Management System	District	District	District	
Water Distribution System	District	County	County	
Wastewater Collection System	District	County	County	
Roadway Improvements	District	District	District	

Petitioner has estimated the costs for providing the Improvements as outlined in Table 2, and such costs are shown in Table 3. Total costs for this Infrastructure are estimated to be approximately $16,055,000. To fund this construction program, in whole or in part, the District may issue Bonds, which will be repaid through non-ad valorem assessments levied on all lands in the District that benefit from the District’s Infrastructure and related services as outlined in Table 2.

Table 3. Summary of Estimated Capital Costs for Proposed Facilities and Services

Infrastructure	Total	
Stormwater Management System	$ 2,323,000	
Water Distribution System	$ 2,703,000	
Wastewater Collection System	$ 3,744,000	
Roadway Improvements	$ 7,285,000	
		
Total	$16,055,000	

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 Bonds. In addition to the levy of non-ad valorem 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.

It is important to note that the various costs outlined in Table 3 are typical for developments of the type contemplated here. In other words, there is nothing peculiar about the District’s financing that requires additional infrastructure over and above what would normally be needed. Therefore, these costs are not in addition to normal development costs. Instead, the facilities and services provided by the District are substituting in part for developer-provided infrastructure and facilities. Along these same lines, District-imposed assessments for operations and maintenance costs are similar to what would be charged in any event by a property owners’ association common to most master-planned developments.

Real estate markets are quite efficient, because buyers and renters evaluate all of the costs and benefits associated with various alternative locations. Therefore, market forces preclude developers from marking up the prices of their products beyond what the competition allows. To remain competitive, the operations and maintenance charges must also be in line with the competition.

Furthermore, locating in the District by new landowners is completely voluntary. So, ultimately, all owners and users of the affected property choose to accept the District’s costs in tradeoff for the benefits that the District provides.

The District is an alternative means to finance necessary community services. District financing is no more expensive, and often less expensive, than the alternatives of a municipal service taxing unit (MSTU), a neighborhood association, or through developer bank loans.

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 in Section 120.52, F.S.
There will be no impact on small businesses because of the formation of the proposed District. If anything, the impact may be positive. This is because the District must competitively bid certain of its contracts. This affords small businesses the opportunity to bid on District work.

The development is located in unincorporated Miami-Dade County. As of the Census date, the 2020 Census, the County has a population in excess of 75,000 people. Therefore, the proposed District is not located in a County defined as a “small county”, according to Section 120.52, Fla. Stat.

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 Petitioner’s Engineer and other professionals associated with Petitioner.

Finally, it is useful to reflect upon the question of whether the proposed formation of the District is the best alternative to provide community facilities and services to the Project. As an alternative to the District, the County could approve a dependent special district for the area, such as a special taxing district under Chapter 189, F.S. This alternative could finance the improvements contemplated in Table 2 in a fashion similar to the proposed District.

However, this alternative is inferior to the District. Unlike the District, the alternative would require the County to continue to administer the Project and its facilities and services. As a result, the costs for these services and facilities would not be sequestered to the land directly benefiting from them, as the case would be with the District.

A District also is preferable from a government accountability perspective. With a District as proposed, landowners and renters in the District would have a focused unit of government under their direct control. The District can then be more responsive to landowner needs without disrupting other County responsibilities.

Another alternative to the District would be for the developer to provide the Infrastructure and to use a property owners association (“POA”) for operations and maintenance of community facilities and services. A District is superior to a POA for a variety of reasons. First, unlike a POA, a District can impose and collect its assessments along with other property taxes. Therefore, the District is far more assured of obtaining its needed funds than is a POA. Second, the proposed District is a unit of local government. Therefore, unlike the POA the District must abide by all governmental rules and regulations.

APPENDIX A
LIST OF REPORTING REQUIREMENTS

FLORIDA STATUTES
REPORT	CITE	DATE	
Annual Financial Audit	218.39	9 months after end of fiscal	
		year	
Annual Financial Report	218.32	within 45 days of financial audit completion, but no later than 9 months after end of fiscal year	
TRIM Compliance Report	200.068	30 days after adoption of assessment resolution	
Form 1 - Limited Financial Disclosure	112.3144	by July 1	
Public Depositor Report	280.17	by November 30	
Proposed Budget	190.008	sixty (60) days prior to adoption of final budget	
Public Meetings Schedule	189.015	quarterly, semiannually, or annually	
Bond Report	218.38	When issued	

EXHIBIT 10

DECLARATION OF RESTRICTIVE COVENANTS

This instrument was prepared by:	
Name: Address:	Ginger E. Wald
Billing, Cochran, Lyles, Mauro & Ramsey, P.A.
515 East Las Olas Boulevard, Sixth Floor Fort Lauderdale, Florida 33301	

Space above reserved for use of recording office

DECLARATION OF RESTRICTIVE COVENANTS
WHEREAS, the undersigned Owners hold the fee simple title to the lands described in the attached Exhibit A (the “Property”), located in Miami-Dade County, Florida (the “County”); and
WHEREAS, Owners desire to provide certain covenants to the County Board of County

Commissioners (the “Board”) in support of a petition (the “Petition”) for creation of the San Diego
Villas Community Development District (the “District”) filed 	, 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 1.01(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: (1) 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 Owners 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 Owners are made in order to assure the Board that the representations made by Owners in support of the Petition will be abided by.
NOW, THEREFORE, Owners freely, voluntarily, and without duress, and on behalf of its heirs, successors, and assigns, make the following Declaration of Restrictive Covenants covering and running with the Property (this “Declaration”):
COVENANTS.
Public Records Notice of Existence of District

This 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 “Dwelling Unit”) written notice of the estimated annual Capital Assessments and Administrative

Assessments (the “CDD Notice”) to be imposed on such individual Dwelling Unit 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 (10 days after enactment) of the Ordinance (the “Effective Date of the
Ordinance”) but was not given a 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 Initial 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 DISTRICT (“DISTRICT”) AND A RELATED DECLARATION OF RESTRICTIVE 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 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 $30,630 FOR A VILLA UNIT. THIS DWELLING UNIT SHALL BE ASSESSED AN ESTIMATED CAPITAL ASSESSMENT OF $18,778 FOR A VILLA UNIT, IF PAID IN FULL AT CLOSING OR AN ESTIMATED ANNUAL CAPITAL ASSESSMENT OF $1,021 FOR A VILLA UNIT 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. THE ATTACHED NOTICE FULLY DESCRIBES YOUR OBLIGATIONS. YOU MAY ELECT TO RESCIND THE PURCHASE CONTRACT FOR A PERIOD 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 (10) CALENDAR DAYS AFTER RECEIVING YOUR WRITTEN NOTICE THAT 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 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 AGGREGATE AMOUNT OF $30,630 FOR A VILLA UNIT. THIS DWELLING UNIT SHALL BE ASSESSED AN ESTIMATED CAPITAL ASSESSMENT OF $18,778 FOR A VILLA UNIT, IF PAID IN FULL AT CLOSING OR AN ESTIMATED ANNUAL CAPITAL ASSESSMENT OF
$1,021 FOR A VILLA UNIT 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 THE TERM OF THE BONDS IN ADDITION TO THE PURCHASE PRICE. PROSPECTIVE 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, PROSPECTIVE INITIAL PURCHASER SHALL HAVE THE RIGHT TO RESCIND THIS AGREEMENT AT ANY TIME PRIOR TO CLOSING. PROSPECTIVE 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 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.

PURCHASER’S INITIALS: 	 	

Owner shall cause each Prospective Initial Purchaser to initial the Purchase 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 (3) fiscal years by more than five percent (5%); and/or
Owner provides a timely CDD Notice and/or Purchase Contract Notice; 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 (10) calendar 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 the 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 (10) calendar 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 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 THIS [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 FOLLOWING 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.

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 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 $30,630 FOR A VILLA UNIT. THIS DWELLING UNIT SHALL BE ASSESSED AN ESTIMATED CAPITAL ASSESSMENT OF $18,778 FOR A VILLA UNIT, IF PAID IN FULL AT CLOSING OR AN ESTIMATED ANNUAL CAPITAL ASSESSMENT OF $1,021 FOR A VILLA UNIT 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 (3) 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 (iii) 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 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 1 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 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 Section1.4, Owner shall deliver the applicable amount to the Actual Initial Purchaser within ten
(10) calendar days after: (1) receipt of written demand, or (2) after the date Capital Assessments 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 Assessments 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:

SAN DIEGO VILLAS COMMUNITY DEVELOPMENT DISTRICT

PURSUANT TO CHAPTER 190, FLORIDA STATUTES, SAN DIEGO VILLAS COMMUNITY DEVELOPMENT DISTRICT MAY IMPOSE TAXES OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY THROUGH A SPECIAL TAXING DISTRICT. THESE TAXES AND ASSESSMENTS PAY THE CONSTRUCTION, OPERATIONS, 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 SAN DIEGO VILLAS COMMUNITY DEVELOPMENT DISTRICT EXPECTS TO ISSUE BONDS TO FINANCE A PORTION OF THE CONSTRUCTION OF REQUIRED PUBLIC INFRASTRUCTURE IN SAN DIEGO VILLAS. A PURCHASER OF PROPERTY IN SAN DIEGO VILLAS 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 THE 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 SAN DIEGO VILLAS 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 SAN DIEGO VILLAS AND A PURCHASER’S BENEFITS AND OBLIGATIONS RELATING THERETO, CONTACT [INSERT APPROPRIATE CONTACT INFORMATION].”

Inspection of District Records by County Representatives

Owner 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 to seek any relief provided under Section 1.4, either on behalf of itself or on behalf of any Prospective Initial Purchaser or Actual Initial Purchaser.
Sole Provider of Water, Wastewater, and Reuse Service
Owner 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  Taxing  District  to  Maintain

Infrastructure

The 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, before the recording of a final plat on any portion of the Property, Owner shall submit to the Board a complete application 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 taxing 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 infrastructure to be maintained at the expense of such taxing district. By this provision, Owner hereby authorizes the Board and its officials, employees, and agents to enter upon the Property if the special taxing 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, 1.3 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, 1.7 and 1.8 shall 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 full 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.
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 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 Mayor or Designee, or the assistant in charge of the office in the County Mayor’s or Designee’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 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	3 day of	Jut',J...., , 2025.

TPG AG EHC llI (LEN) MULTI STATE 2, a Delaware
limited liability company

By:	ESSENTIAL HOUSING ASSET

<�

MANAGEMENT, LLC, an Arizona limited li�i�mpany, as authorized agent
By:	�	=-
Name: Steven S. Benson
Title:	Manager

STATE OF ARIZONA	)
COUNTY OF MARICOPA	)

The foregoing instrument was acknowledged before me by means of [�hysical presence or [ ] online notarization, this � day of j Vv\.L.  , 2025, by Steven S. Benson, as Manager of Essential Housing Asset Management, LLC, an Arizona limited liability company, as authorized agent for TPG AG
EHC III (LEN) MULTI STATE 2, LLC, a Delaware limited liability company. He is personally kn�n to me [ yf or produced 	 as identification.

.,, ;\	Jaime Marie Adams

:�: ,. :·:, _ Notary Public

�.;;�g •' .i Mancopa County, Arizona

G�·::s.-si.l' My Comm. Exprres 07-01-25
==""	Commission No. 607030

���	

Typed, printed or stamped name of Notary Public

IN WITNESS WHEREOF, the undersigned has set its hand and seal to this Declaration of Restrictive Covenants this	t,� day of	JvY\k	, 2025.
TPG AG EHC III (LEN) MULTI STATE 6, a Delaware
limited liability company

By:

By:

ESSENTIAL HOUSING ASSET

-

MANAGEMENT, LLC, an Arizona limited liability	mpany, as authorized agent

�

Name: Steven S. Benson Title:	Manager

STATE OF ARIZONA	)
COUNTY OF MARICOPA	)

The foregoing instrument was acknowledged before me by means of[-"]'physical presence or [ ] online notarization, this �day of  Jvll'\J...-. , 2025, by Steven S. Benson, as Manager of Essential Housing Asset Management, LLC, an Anzona limited liability company, as authorized agent for TPG AG
EHC III (LEN) MULTI STATE 6, LLC, a Delaware limited liability company. He is personally known to me [ .-1" or produced 	 as identification.

r

Jaime Marie Adams Notary Pubtic
Maricopa county, Arizona My Comm. Expires 07-01-25 commission No. 607030

Nota dr«;•�.dbljPc v--

/J1g_l'J 'e	�/Y\..I

�

Typed, printed or stamped name of Notary Public

Exhibit A

LEGAL DESCRIPTION

33

LEGAL DESCRIPTION:
THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NW 1/4 OF THE SE 1/4 OF SECTION 26, TOWNSHIP 57 SOUTH, RANGE 38 EAST, LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA.
SUBJECT TO THAT CERTAIN FLORIDA DEPARTMENT OF TRANSPORTATION MAINTENANCE MAP RECORDED IN RIGHT-OF-WAY PLAT BOOK 124, PAGE 5, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
AND
THE EAST 1/2 OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE SW 1/4 OF THE SE 1/4 OF SECTION 26, TOWNSHIP 57 SOUTH, RANGE 38 EAST, LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA, LESS THEREFROM THE EAST 25.00 FEET THEREOF.
TOGETHER WITH:
THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 26, TOWNSHIP 57 SOUTH, RANGE 38 EAST, IN MIAMI-DADE COUNTY, FLORIDA.
SUBJECT TO RIGHT-OF-WAY PER MAINTENANCE MAP OF STATE ROAD NO. 9336 AS RECORDED IN PLAT BOOK 124, PAGE 5, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.

Exhibit B
CDD NOTICE

Table 1. ESTIMATED TOTAL ANNUAL DISTRICT ASSESSMENTS DUE PER DWELLING UNIT FOR EACH OF THE
DISTRICT’S FIRST THREE (3) FISCAL YEARS (actual assessments may vary from the amounts set forth below and Operations and Infrastructure Maintenance Assessments may be higher in subsequent years based on actual budgets adopted by the District).

Type of Dwelling Unit (and Phase, if Applicable)	Estimated Annual District Capital Assessments Including Principal and Interest
(see Sections 3.1 and 3.2 Below)	
Estimated Annual Administrative Assessments (includes both Operations and Infrastructure Maintenance Assessments) (see Section 3.4 Below)	

Estimated Total Annual District Assessments Due for each of the District’s first three (3) fiscal years (see Section3.5 Below)	
Villa	$1,021.00	$504.00	$1,525.00	

Table 2 BREAKDOWN OF ESTIMATED MONTHLY DISTRICT ASSESSMENTS FOR EACH OF THE FIRST THREE (3)
FISCAL YEARS (actual assessments may vary from the amounts set forth below and Operations and Infrastructure Maintenance Assessments may be higher in subsequent years based on actual budgets adopted by the District).

Type of Dwelling Unit (and Phase, if Applicable)	
Estimated Monthly District Operations Assessments	
Estimated Monthly District Infrastructure Maintenance Assessments	
Estimated Monthly District Capital Assessments (Estimated Annual District Capital Assessments divided by 12)	
Villa	$22.00	$20.00	$85.08	

Table 3 ESTIMATED INITIAL PAYOFF OF CAPITAL ASSESSMENTS (does not include interest on the bond principal due through the next Payment Date) AND ESTIMATED TOTAL PAYMENTS IF ANNUAL PAYMENTS ARE MADE OVER THE TERM OF THE BONDS

Type of Dwelling Unit (and Phase, if Applicable)	Initial Estimated Prepayment Amount to Pay off Dwelling Unit’s pro rata share of District Bonds at time Dwelling Unit Closes (this amount declines as principal payments are made annually and does NOT include interest that may be due through the next applicable bond payment date	Estimated Total Capital Assessments including Principal and Interest if Capital Assessments are Paid Annually (No Prepayment) over Thirty (30) years (Estimated Annual District Capital Asse0sments times 30)	
Villa	$18,778.00	$30,630.00	
		PURCHASER’S INITIALS

The District. All of the residential dwelling units (“Dwelling Units”) in San Diego Villas (the “Development”) are also located within the boundaries of the San Diego Villas Community Development District (the “District”). The District is a local unit of special-purpose government organized and existing under the laws 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”).
	 	 PURCHASER’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 District 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 Dwelling Units in the Development will be assessed based on the Capital and Administrative Assessments listed in Table 1 above and in Sections 3.2 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 of up 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
$1,021.00 for a villa unit (approximately $85.08 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 Unit over the term of the Bonds [30-year term] is approximately $30,630.00 for a villa unit.
	 	 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 Unit. 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.
	 	 PURCHASER’S INITIALS

District Administrative Assessments. In addition to District Capital Assessments, the District will impose an annual non-ad 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 Assessments. 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 for the Dwelling Units will be approximately $504.00 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 in foreclosure on and loss of title to the Dwelling Unit.
	 	 PURCHASER’S INITIALS

PURCHASER:	PURCHASER:

Print Name: 		Print Name: 	 Date: 	 	Date: 	

"EXHIBIT B to the Ordinance"

Legal Description

MDC073

LEGAL DESCRIPTION:
THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NW 1/4 OF THE SE 1/4 OF SECTION 26, TOWNSHIP 57 SOUTH, RANGE 38 EAST, LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA.
SUBJECT TO THAT CERTAIN FLORIDA DEPARTMENT OF TRANSPORTATION MAINTENANCE MAP RECORDED IN RIGHT-OF-WAY PLAT BOOK 124, PAGE 5, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
AND
THE EAST 1/2 OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE SW 1/4 OF THE SE 1/4 OF SECTION 26, TOWNSHIP 57 SOUTH, RANGE 38 EAST, LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA, LESS THEREFROM THE EAST 25.00 FEET THEREOF.
TOGETHER WITH:
THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 26, TOWNSHIP 57 SOUTH, RANGE 38 EAST, IN MIAMI-DADE COUNTY, FLORIDA.
SUBJECT TO RIGHT-OF-WAY PER MAINTENANCE MAP OF STATE ROAD NO. 9336 AS RECORDED IN PLAT BOOK 124, PAGE 5, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.

MDC074

"EXHIBIT C to the Ordinance"

District Boundaries and Geographical Location Sketch

MDC075

ROAD)

N

(S.R. 9336 / TOWER

SW 189 AVENUE

SW	356	TRAIL

SW

192

AVENUE

THEO.  SW	356	TRAIL

SAN DIEGO VILLAS
COMMUNITY DEVELOPMENT DISTRICT

(COMM. 0009)
SECTION: 26 - 57 - 38

EXHIBIT "C"
(BOUNDARIES & GEOGRAPHICAL LOCATION SKETCH)

MDC076