HILLCREST COMMUNITY DEVELOPMENT
DISTRICT

BROWARD COUNTY REGULAR BOARD MEETING MARCH 16, 2023
8:30 A.M.

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

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

AGENDA
HILLCREST COMMUNITY DEVELOPMENT DISTRICT
Parkview at Hillcrest Clubhouse Community Room 4600 Hillcrest Drive
Hollywood, Florida 33021
REGULAR BOARD MEETING
March 16, 2023
8:30 A.M.

Call to Order
Proof of Publication	Page 1
Establish a Quorum
Additions or Deletions to Agenda
Comments from the Public for Items Not on the Agenda
Approval of Minutes
October 20, 2022 Regular Board Meeting	Page 2
Old Business
Staff Report, as Required
New Business
Consider Resolution No. 2023-01 – Adopting a FY 2023/2024 Proposed Budget	Page 4
Discussion Regarding Stormwater System Cleaning	Page 12
Consider Resolution No. 2023-02 – Adopting Public Records Retention Policy	Page 23
Administrative & Operational Matters
Board Members & Staff Closing Comments
Adjourn

Miscellaneous Notices
Published in Broward Daily Business Review on March 6, 2023

Location
Broward County, Florida
Notice Text	
	NOTICE OF REGULAR BOARD MEETING OF THE HILLCREST COMMUNITY
DEVELOPMENT DISTRICT
NOTICE IS HEREBY GIVEN that the Hillcrest Community Development District (the "District") will hold a Regular Board Meeting (the "Meeting") of its Board of Supervisors (the "Board") on March 16, 2023, at 8:30 a.m. in the Community Room located at Parkview at Hillcrest Clubhouse at 4600 Hillcrest Drive, Hollywood, Florida 33021. The Meeting is being held for the necessary public purpose of considering any District business which may lawfully and properly come before the Board. At such time the Board is so authorized and may consider any business that may properly come before it.
A copy of the agenda for the Meeting may be obtained at the offices of the District Manager, c/o Special District Services, Inc., at (561) 630-4922 or nnguyen@sdsinc.org (the "District Manager's Office") during normal business hours. The Meeting is open to the public and will be conducted in accordance with the provisions of Florida law for special districts. The Meeting may be continued to a date, time, and place to be specified on the record at the Meeting. Any person requiring special accommodations in order to access and participate in the Meeting because of a disability or physical impairment should contact the District Manager's Office at least forty-eight (48) hours prior to the Meeting. If you are hearing or speech impaired, please contact the Florida Relay Service by dialing 7-1-1, or 1-800-955-8771 (TTY) / 1-800-955-8770 (Voice), for aid in contacting the District Manager's Office.
Anyone requiring assistance in order to participate in this Meeting should contact the District Manager's Office at least forty-eight (48) hours prior to the Meeting. Similarly, any person requiring or that otherwise may need assistance accessing or participating in this Meeting because of a disability or physical impairment is strongly encouraged to contact the District Manager's Office at least forty-eight
(48) hours in advance so that arrangements may be made.
Each person who decides to appeal any decision made by the Board with respect to any matter considered at the Meeting is advised that person will need a record of proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based.
District Manager
HILLCREST COMMUNITY DEVELOPMENT DISTRICT	
	www.hillcrestcdd.org		
	3/6 23-37/0000649574B	

HILLCREST COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING
OCTOBER 20, 2022

CALL TO ORDER

The Regular Board Meeting of the Hillcrest Community Development District (the “District”) was called to order at 8:37 a.m. in the Parkview at Hillcrest Clubhouse Community Room located at 4600 Hillcrest Drive, Hollywood, Florida 33021.

PROOF OF PUBLICATION

Ms. Nguyen presented proof of publication that notice of the Regular Board Meeting had been published in the Broward Daily Business Review on October 11, 2022, as part of the District’s Fiscal Year 2022/2023 Regular Meeting Schedule, as legally required.

ESTABLISH A QUORUM

Ms. Nguyen determined that the attendance of Chairman David Kanarek, Vice Chairman Daniel Lemus and Supervisor Jamaine Lemon constituted a quorum and it was in order to proceed with the meeting.

Staff in attendance included: District Manager Nancy Nguyen of Special District Services, Inc. and District Counsel Jonathan Johnson (via speakerphone) of Kutak Rock LLP.

Also in attendance was: Amarilis Rodriguez, Manager for Parkview at Hillcrest Homeowners Association, Inc.

ADDITIONS OR DELETIONS TO AGENDA

There were no additions or deletions to the agenda.

COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA

There were no comments from the public for items not on the agenda.

APPROVAL OF MINUTES
June 16, 2022, Regular Board and Public Hearing Meeting

Ms. Nguyen presented the minutes of the June 16, 2022, Regular Board Meeting and Public Hearing and asked if there were any corrections and/or revisions. There being none, a motion was made by Mr. Lemon, seconded by Mr. Kanarek and passed unanimously approving the June 16, 2022, Regular Board Meeting and Public Hearing minutes, as presented.

OLD BUSINESS
Staff Report, as Required

There was no staff report at this time.

NEW BUSINESS

Consideration Resolution No. 2022-06 – Adopting a FY 2021/2022 Amended Budget

Ms. Nguyen presented Resolution No. 2022-06, entitled:

RESOLUTION NO. 2022-06

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE HILLCREST	COMMUNITY	DEVELOPMENT	DISTRICT AUTHORIZING AND ADOPTING AN AMENDED FINAL FISCAL YEAR 2021/2022 BUDGET (“AMENDED BUDGET”), PURSUANT TO CHAPTER
189, FLORIDA STATUTES; AND PROVIDING AN EFFECTIVE DATE.

Ms. Nguyen read the title into the record and provided an explanation for the document. She indicated that there was an operating fund balance of approximately $50,000 at the end of the fiscal year. A discussion ensued after which:

A motion was made by Mr. Lemus, seconded by Mr. Kanarek and unanimously passed to adopt Resolution No. 2022-06, as presented, thereby setting the amended/revised budget for the 2021/2022 fiscal year.

ADMINISTRATIVE MATTERS
Staff Report, as Required

There were no administrative matters to discuss at this time.

BOARD MEMBER COMMENTS

Ms. Nguyen stated that the next District meeting was scheduled January 19, 2023. She explained that if there is no District business to conduct, that meeting will be canceled and the next meeting will be held on March 16, 2023.

ADJOURNMENT

There being no further business to come before the Board, a motion was made by Mr. Kanarek, seconded by Mr. Lemus and passed unanimously to adjourn the meeting at 8:41 a.m.

ATTESTED BY:

Secretary/Assistant Secretary	Chairperson/Vice-Chair

RESOLUTION 2023-01

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE HILLCREST COMMUNITY DEVELOPMENT DISTRICT APPROVING A PROPOSED BUDGET FOR FISCAL YEAR 2023/2024 AND SETTING A PUBLIC HEARING THEREON PURSUANT TO FLORIDA LAW; ADDRESSING TRANSMITTAL, POSTING AND PUBLICATION REQUIREMENTS; ADDRESSING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the District Manager has heretofore prepared and submitted to the Board of Supervisors (“Board”) of the Hillcrest Community Development District (“District”) prior to June 15, 2023, a proposed budget (“Proposed Budget”) for the fiscal year beginning October 1, 2023 and ending September 30, 2024 (“Fiscal Year 2023/2024”); and

WHEREAS, the Board has considered the Proposed Budget and desires to set the required public hearing thereon.

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

PROPOSED BUDGET APPROVED. The Proposed Budget prepared by the District Manager for Fiscal Year 2023/2024 attached hereto as Exhibit A is hereby approved as the basis for conducting a public hearing to adopt said Proposed Budget.

SETTING A PUBLIC HEARING. A public hearing on said approved Proposed Budget is hereby declared and set for the following date, hour and location:

DATE:		May 18, 2023	

HOUR:		8:30 a.m.	

LOCATION:	Parkview at Hillcrest Clubhouse Community Room 4600 Hillcrest Drive	      Hollywood, Florida 33321	

TRANSMITTAL  OF  PROPOSED  BUDGET  TO  LOCAL  GENERAL
PURPOSE GOVERNMENT. The District Manager is hereby directed to submit a copy of the Proposed Budget to Broward County and the City of Hollywood, Florida at least 60 days prior to the hearing set above.

POSTING OF PROPOSED BUDGET. In accordance with Section 189.016, Florida Statutes, the District’s Secretary is further directed to post the approved Proposed Budget on the District’s website at least two days before the budget hearing date as set forth in Section 2, and shall remain on the website for at least 45 days.

PUBLICATION OF NOTICE. Notice of this public hearing shall be published in the manner prescribed in Florida law.

SEVERABILITY. The invalidity or unenforceability of any one or more provisions of this Resolution shall not affect the validity or enforceability of the remaining portions of this Resolution, or any part thereof.

EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption.

PASSED AND ADOPTED THIS 16th DAY OF March, 2023.

ATTEST:	HILLCREST COMMUNITY
DEVELOPMENT DISTRICT

By:	

Secretary	Its:	

Hillcrest
Community Development District

Proposed Budget For Fiscal Year 2023/2024
October 1, 2023 - September 30, 2024

CONTENTS

PROPOSED BUDGET

DETAILED PROPOSED BUDGET

DETAILED PROPOSED DEBT SERVICE FUND BUDGET

ASSESSMENT COMPARISON

PROPOSED BUDGET
HILLCREST COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2023/2024
OCTOBER 1, 2023 - SEPTEMBER 30, 2024

REVENUES	
FISCAL YEAR 2023/2024
BUDGET	
O&M Assessments	133,897	
Debt Assessments	662,5 3	
 nterest ncome	2 0	
		
TOTAL REVENUES	$	796,680	
		
EXPENDITURES		
Supervisor Fees	0	
(ngineering/ nspections	3,000	
Management	37,728	
/egal	15,000	
Assessment Roll	5,000	
Audit Fees	3,900	
Arbitrage Rebate Fee	650	
 nsurance	7,200	
/egal Advertisements	1, 00	
Miscellaneous	900	
3ostage	300	
Office Supplies	550	
Dues & Subscriptions	175	
Trustee Fees	3,800	
Continuing Disclosure Fee	500	
Stormwater System Maintenance	16,000	
Miscellaneous /aNe Maintenance	13,000	
3erimeter :all	8,000	
Stormwater 20-Year Analysis Report	3,000	
Maintenance Contingency	6,000	
	 	
TOTAL EXPENDITURES	$	126,103	
		
REVENUES LESS EXPENDITURES	$	670,577	
		
%ond 3ayments	(622,790)	
		
BALANCE	$	47,787	
		
County Appraiser & Tax Collector Fee	(15,929)	
Discounts For (arly 3ayments	(31,858)	
		
EXCESS/ SHORTFALL 	$	-	

DETAILED PROPOSED BUDGET
HILLCREST COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2023/2024
OCTOBER 1, 2023 - SEPTEMBER 30, 2024

REVENUES	
FISCAL YEAR 2021/2022 ACTUAL	
FISCAL YEAR 2022/2023 BUDGET	
FISCAL YEAR 2023/2024 BUDGET	

COMMENTS	
O&M Assessments	86,604	134,086	133,897	Expenditures/.94	
Debt Assessments	662,543	662,543	662,543	Bond Payments/.94	
 nterest ncome	196	120	240	 nterest ProMected At $20 Per Month	
					
TOTAL REVENUES	$	749,343	$	796,749	$	796,680		
					
EXPENDITURES					
Supervisor Fees	0	0	0		
Engineering/ nspections	7,548	3,000	3,000	No Change From 2022/2023 Budget	
Management	35,580	36,636	37,728	CP AdMustment (Capped At 3 )	
Legal	3,348	17,000	15,000	$2,000 Decrease From 2022/2023 Budget	
Assessment Roll	5,000	5,000	5,000	As Per Contract	
Audit Fees	3,700	3,800	3,900	$100 ncrease From 2022/2023 Budget	
Arbitrage Rebate Fee	650	650	650	No Change From 2022/2023 Budget	
 nsurance	6,249	6,700	7,200	Fiscal Year 2022/2023 Expenditure :as $6,718	
Legal Advertisements	678	1,500	1,400	$100 Decrease From 2022/2023 Budget	
Miscellaneous	239	1,000	900	$100 Decrease From 2022/2023 Budget	
Postage	437	300	300	No Change From 2022/2023 Budget	
Office Supplies	400	600	550	$50 Decrease From 2022/2023 Budget	
Dues & Subscriptions	175	175	175	No Change From 2022/2023 Budget	
Trustee Fees	3,709	3,800	3,800	No Change From 2022/2023 Budget	
Continuing Disclosure Fee	500	1,000	500	$500 Decrease From 2022/2023 Budget	
Stormwater System Maintenance	0	16,000	16,000	No Change From 2022/2023 Budget	
Miscellaneous Lake Maintenance	0	13,000	13,000	No Change From 2022/2023 Budget	
Perimeter :all	0	8,000	8,000	No Change From 2022/2023 Budget	
Stormwater 20-Year Analysis Report	0	3,000	3,000	Second Of Five Years - Total Cost = $15,000	
Maintenance Contingency	30,189	5,000	6,000	Maintenance Contingency	
			.		
TOTAL EXPENDITURES	$	98,402	$	126,161	$	126,103		
					
REVENUES LESS EXPENDITURES	$	650,941	$	670,588	$	670,577		
					
Bond Payments	(635,301)	(622,790)	(622,790)	2024 P & Payments Less Earned nterest	
					
BALANCE	$	15,640	$	47,798	$	47,787		
					
County Appraiser & Tax Collector Fee	(2,082)	(15,933)	(15,929)	Two Percent Of Total Assessment Roll	
Discounts For Early Payments	(28,707)	(31,865)	(31,858)	Four Percent Of Total Assessment Roll	
					
EXCESS/ (SHORTFALL)	$	(15,149)	$	-	$	-		

DETAILED PROPOSED DEBT SERVICE FUND BUDGET
HILLCREST COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2023/2024
OCTOBER 1, 2023 - SEPTEMBER 30, 2024

REVENUES	

FISCAL YEAR

2021/2022

ACTUAL	

FISCAL YEAR

2022/2023

BUDGET	

FISCAL YEAR

2023/2024

BUDGET	

COMMENTS	

 nterest ncome	
544	
25	
100	
ProMected nterest For 2023/2024	

NAV Tax Collection	
635,301	
622,790	
622,790	
Maximum Debt Service Collection	

Total Revenues	
$	635,845	
$	622,815	
$	622,890		

EXPENDITURES					

Principal Payments	
180,000	
195,000	
200,000	
Principal Payment Due n 2024	

 nterest Payments	
435,994	
425,844	
418,775	
 nterest Payments Due n 2024	

Bond Redemption	
0	
1,971	
4,115	
Estimated Excess Debt Collections	

Total Expenditures	
$	615,994	
$	622,815	
$	622,890		

Excess/ (Shortfall)	

$	19,851	

$	-	

$	-		

Series 2018 Bond Information

Original Par Amount =	$9,805,000	November 1st	
 nterest Rate =	3.625% - 5.000 	May 1st & November 1st	
 ssue Date =	January 2018		
Maturity Date =

Par Amount As Of 1/1/23 =	November 2048

$9,090,000		

HILLCREST COMMUNITY DEVELOPMENT DISTRICT ASSESSMENT COMPARISON

Fiscal Year	Fiscal Year	Fiscal Year	Fiscal Year	
2020/2021	2021/2022	2022/2023	2023/2024	
	Assessment*			Assessment*			Assessment*		  Projected Assessment* 	

O & M For Single Familys	$

134.27	$

133.70	$

207.90	$

207 60

Debt For Single Familys

$	1,146.80

$	1,146.80

$	1,146.80

$	1,146 80

Total For SinJle Famil\	$	1,281 07	$	1,280 50	$	1,354 70	$	1,354 40	

O & M For Townhomes	
$	
134.27	
$	
133.70	
$	
207.90	
$	
207 60	
Debt For Townhomes	$	938.29	$	938.29	$	938.29	$	938 29	
Total For ToZnhomes	$	1,072 56	$	1,071 99	$	1,146 19	$	1,145 89	

* Assessments nclude the Following  4% Discount for Early Payments
1% County Tax Collector Fee
1% County Property Appraiser Fee

Community nformation 
Single Familys	275 Units Townhomes	 370 Units Total		645 Units

3/9/2023 8 01 AM	 V

PROPOSAL

4122 NE 22nd Court, Homestead, FL 33033 Tel 786-694-0709
E-mail: operations@raptorvac.com www.raptorvac.com
STORM DRAIN MAINTENANCE
PROPOSAL SUBMITTED TO:
Hillcrest CDD ℅ SDS, Inc.	PROJECT NAME:
Hillcrest	
BUSINESS ADDRESS:
2501A Burns Road, Palm Beach Gardens, FL	PROJECT LOCATION:
4515 Greenway Dr, Hollywood, FL 33021	
TELEPHONE:
561-630-4922	DATE:
February 28, 2023	
We hereby propose to furnish all labor and equipment to complete the work outlined in this proposal in accordance with the Scope of Work listed below.

SCOPE OF WORK: Vac-con combination sewer cleaner truck to vacuum sediment out of forty ﬁve (45) catch basin structures. Disposal of spoils at Miami Dade County Treatment Plant.

COST: We propose to conduct this work in accordance with the above Scope of Work for the sum of $4,950.00.

Four Thousand Nine Hundred Fifty Dollars and 00/100 Cents TERMS: Net 30
ACCEPTANCE: Client hereby accepts and agrees to the terms, Scope of Work, and all other conditions and speciﬁcations hereinabove. Raptor Vac Systems is authorized to perform the work. Payment shall be made in accordance with the provisions contained hereinabove.

Accepted by:

Authorized Representative’s Signature

Date of Acceptance

PO Box 560951 Miami, FL 33256 Phone (305) 270-3233 Fax (305) 259-4214

March 8, 2023

Hill Crest CDD
4209 Washington St
Hollywood, FL 33021
ATTN: Ryan Quiroga

STORM DRAIN CLEANING

(45) Catch Basins/Storm Manholes

Vacuum pump truck to remove debris from each drain and pit. Pressure jet clean drains pit walls and bottom.
Remove debris from area.

All work is guaranteed to be as specified, and the above work to be performed in accordance with the specifications submitted for above work and completed in a substantial workmanlike manner for the sum of:

Total cost of job for all drains:	Total:	$	5,625.00

With payment to be made at: Terms: COD.

Any alteration or deviation from above specifications involving extra costs will be executed only upon written order, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control.

Sincerely submitted,

Oscar Vinces

ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be made as outlined above.

Signature: 		Date: 	
Note: Proposal may be withdrawn by us if not accepted within 30 days.

𝑀𝑀𝑀𝑀𝑀𝑀𝑀𝑀ℎ 10, 2023

Hill Crest CDD
4209 Washington St,
Hollywood, FL 33021

RE: Catch Basins Cleaning

Thank you for the opportunity to quote you on the services needed at the afore mentioned facility. Proposal for scope of work:
Cleaning service of forty-five (45) catch basins at: 4209 Washington St, Hollywood, FL 33021
Mobilization.
Disposal of all sediments at approved site.

Service cost shall be $12,125.00.
Upon completion of service, payment is due.
TERMS AND CONDITIONS
ACCEPTANCE OF PROPOSAL. This is a Proposal; it shall become a binding Agreement once signed by both parties and shall remain valid for (30) days from the date signed by Pump Outs Unlimited Corp (POUC).
EXCEPTED LIABILITY. POUC shall not be responsible for damages or delays either before commencement of, or during the said work described here on and/or account of transportation difficulties, war, strikes, accidents, act of God, fire, sudden rains, windstorms, other casualty or that of other causes beyond its control.
INSURANCE. POUC shall carry standard form workers’ compensation and general liability insurance and Customer agrees to look only to POUC’s insurance relative to any claim arising from POUC’s performance.
WORKING CONDITIONS. POUC's employees shall not be required to work in hazardous conditions, and the Customer agrees to address these conditions to POUC’s satisfaction as well as cooperate with POUC to provide a safe working environment.
DAMAGE TO POUC'S WORK. The Customer shall be fully responsible for the costs of any damage to POUC's work or equipment caused by Customer, its agents, contractors, subcontractors or third parties. Customer shall immediately reimburse POUC for the costs necessitated by repairs to such damage, including labor, material, expenses and 30 % for overhead and profit. Customer assumes the risk of loss or damage resulting from fire, theft, misuse, abuse, natural elements, or vandalism, and Customer agrees to reimburse POUC for any such loss or damage.
CHANGES AND/OR ALTERATIONS. In the event there are any changes after POUC has computed its costs, then it is agreed that the Customer and POUC shall compute the additional cost for such changes and thereby agree upon the sum to be added to the amount set in this Agreement.
COMPLETION AND ACCEPTANCE. Customer shall immediately inspect the work performed by POUC and any aspect of the work not acceptable to Customer must be specifically noticed in writing to POUC within 1 day of POUC’s performance of its work. POUC shall then be given a reasonable opportunity to address such issue. A full and complete acceptance of the work shall be presumed upon the Customer making payment.
PAYMENT. In the event any balance due POUC is not paid upon completion of POUC’s service, then the Customer shall be in default. Customer shall be responsible to pay interest at the rate of 1½% per month (18% per annum) on any unpaid amount and to pay all costs and expenses, including but not limited to reasonable attorney’s fees and costs, incurred by POUC in collecting any outstanding amount due under this Agreement, or enforcing its rights hereunder, with or without suit. Proper venue for any litigation stemming from this Agreement will be a court of competent jurisdiction in Miami-Dade County, Florida. POUC reserves the right to lien any job and/or property where payment is not timely and fully made.
WARRANTY. POUC warrants to Customer only that all work furnished by it will be of standard quality, type and condition, free from defects, and will be performed in a good workmanlike manner. POUC hereby agrees to address any defective workmanship for up to 90 days after performance upon receipt of proper notice in writing, by certified mail, providing that the job complained of has been paid for in full. There is no warranty if the total Agreement price is not paid in full or if the work supplied by POUC is misused, abused or modified in any way. All warranty work shall be performed during normal business hours. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. POUC WILL NOT BE RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND ANY CLAIM AGAINST POUC OR ITS AGENTS, OFFICERS, AND EMPLOYEES SHALL BE LIMITED TO THE REPLACEMENT VALUE OF ITS WORK AND ONLY IF SUCH WORK IS FOUND TO BE DEFECTIVE.

JOB COSTS/INCREASES/AVAILABILITY. Customer shall reimburse POUC for all fees incurred in connection with permits necessary for the work. If material or equipment, which POUC is required to furnish under this Agreement, becomes unavailable, either temporarily or permanently, subsequent to the execution of the Agreement, through causes beyond the control and without the fault of POUC, then in the case of temporary unavailability, the Agreement time shall be extended in writing for such period of time as POUC shall be delayed by such unavailability; and in the case of permanent unavailability, POUC shall be excused from the requirement of furnishing such work. The Customer agrees to pay POUC any increase in cost of the material or equipment of furnishing which has become permanently unavailable and the cost of the closest substitute which is then reasonably available. If any changes are made by altering, adding to or deducting from the work, the Agreement price shall be adjusted accordingly.
PRIOR AGREEMENTS/AMENDMENTS. This Agreement contains the entire agreement between the parties and supersedes and replaces any and all prior agreements, whether oral or written. The Agreement may only be amended or modified by a written agreement executed by all parties. Oral representations may not be relied on. The Customer signing this proposal and Agreement represents he/she is the lawful owner of the property where the work is being performed. Failure to enforce all or any of the terms or conditions of this Agreement shall not be interpreted as a waiver of their continuing effect thereof.
LIMITATION OF LIABILITY. POUC’s liability in any action related to this Agreement or the work performed hereunder, shall in no event exceed the amount of the Agreement and such liability may be fully discharged by a reimbursement of any payments received by POUC under this Agreement. This limitation of liability is expressly intended to apply to all types of claims, including but not limited to claims for POUC’s own negligence. Notwithstanding anything else to the contrary. POUC shall have no liability or responsibility for any damages caused by others or for damages either before commencement of, or during the said work, or after said work, caused by structural faults, strikes, war, Acts of God, sudden rain, wind storms, vandalism, theft or any event beyond its reasonable control. POUC shall not be liable for any damages resulting from the incompatibility with the Customer’s existing conditions. Any interruption in the work agreed upon in this Agreement which results in lost time and is not the fault of POUC, or which is beyond the reasonable control of POUC, will be billed to the Customer as an extra cost according to time lost.
RIGHTS, RESPONSIBILITIES AND DISCLAIMERS.
POUC disclaims responsibility for conditions which are hidden or otherwise not reasonably discoverable by POUC.
Customer acknowledges and agrees that its failure to make timely payments to POUC shall constitute a material breach of this Agreement.
It is understood and agreed that POUC shall receive written notice of any breach, default or failure to perform, specifying in detail POUC’s unsatisfactory performance and providing a reasonable opportunity for POUC to cure such unsatisfactory issue, and POUC must fail to commence and diligently pursue a cure, before POUC shall be considered in breach or default, or be terminated for cause, and before Customer may take over the Work or withhold payments from POUC.
Any controversy or claim shall be resolved by first submitting same to mediation before an impartial mediator selected by both parties (who shall equally share the mediator’s fees and costs). Mediation to take place in Miami-Dade County, Florida.
The prevailing party in any action taken by a party to this Agreement to enforce or interpret the terms of this Agreement shall recover its reasonable legal fees and costs, from the other party.
If Customer fails to comply with these terms and conditions or if Customer’s credit becomes unsatisfactory in POUC’s sole discretion, then POUC reserves the right to terminate, suspend or slow its work upon notice to Customer.
Customer certifies it is financially solvent and it will immediately advise POUC if it becomes insolvent or unable to promptly pay its bills.
Customer agrees to advise POUC in writing of any changes in ownership of any Customer entity or of the property upon which POUC is performing its work within 5 days of such change.

PUMP OUTS UNLIMITED CORP.	CUSTOMER:

SIGNATURE: 		SIGNATURE: 	

PRINT:			PRINT:		

DATE:			DATE:		

NORTH


XX

S 41ST AVENUE

WASHINGTON STREET SWALE TYPICAL CROSS SECTION

KEY MAP

S 42ND AVENUE

5"	12"	4"

4"	15"
4"

BUILDING PAD GRADING NOTE: SINGLE FAMILY = 8" BELOW F.F.E. TOWNHOUSE = 11" BELOW F.F.E.

PAVING, GRADING, AND DRAINAGE PLAN

4"
4"

HILLCREST COUNTRY CLUB REDEVELOPMENT PHASE I
4600 HILLCREST DRIVE
HOLLYWOOD, FL 33021

4"

FINISHED FLOOR ELEVATIONS REFERENCED ON THIS SHEET REFER TO THE LOWEST FINISHED FLOOR LOCATED ON THE PARCEL (I.E. GARAGE FLOOR)

C-211

FINISHED FLOOR ELEVATIONS REFERENCED ON THIS SHEET REFER TO THE LOWEST FINISHED FLOOR LOCATED ON
	THE PARCEL (I.E. GARAGE
XX	FLOOR)

NORTH

BUILDING PAD GRADING NOTE: SINGLE FAMILY = 8" BELOW F.F.E. TOWNHOUSE = 11" BELOW F.F.E.

KEY MAP

8"

PAVING, GRADING, AND DRAINAGE PLAN

8"

HILLCREST COUNTRY CLUB REDEVELOPMENT PHASE I
4600 HILLCREST DRIVE
HOLLYWOOD, FL 33021

C-212

NORTH

XX

KEY MAP

4"

4"	4"

BUILDING PAD GRADING NOTE: SINGLE FAMILY = 8" BELOW F.F.E. TOWNHOUSE = 11" BELOW F.F.E.

4"

PAVING AND DRAINAGE PLAN PHASE II-IV

4"

4"

HILLCREST COUNTRY CLUB REDEVELOPMENT
4600 HILLCREST DRIVE
HOLLYWOOD, FL 33021

C-201

4"
4"
4"
4"	4"
4"

4"

4"

4"	4"	4"
4"

PAVING AND DRAINAGE PLAN PHASE II-IV

4"
XX	4"

BUILDING PAD GRADING NOTE: SINGLE FAMILY = 8" BELOW F.F.E. TOWNHOUSE = 11" BELOW F.F.E.

HILLCREST COUNTRY CLUB REDEVELOPMENT
4600 HILLCREST DRIVE
HOLLYWOOD, FL 33021

NORTH

KEY MAP

C-202

4"
FM

4"
RELOCATED FDOT POND

4"	KEY MAP

4"

4"
4"

NORTH

4"	RELOCATED
FDOT POND

PAVING AND DRAINAGE PLAN PHASE II-IV

4"

4"	4"
4"

HILLCREST COUNTRY CLUB REDEVELOPMENT
4600 HILLCREST DRIVE
HOLLYWOOD, FL 33021

XX
BUILDING PAD GRADING NOTE:

SINGLE FAMILY = 8" BELOW F.F.E. TOWNHOUSE = 11" BELOW F.F.E.

C-203

NORTH

KEY MAP

RELOCATED HILLCREST RECLAIM POND
(TO BE LINED)

PAVING AND DRAINAGE PLAN PHASE II-IV

4"	4"

HILLCREST COUNTRY CLUB REDEVELOPMENT
4600 HILLCREST DRIVE
HOLLYWOOD, FL 33021

XX

BUILDING PAD GRADING NOTE:

SINGLE FAMILY = 8" BELOW F.F.E. TOWNHOUSE = 11" BELOW F.F.E.

C-204

NORTH

KEY MAP

BERM DETAIL THROUGH PARK

BUILDING PAD GRADING NOTE: SINGLE FAMILY = 8" BELOW F.F.E. TOWNHOUSE = 11" BELOW F.F.E.

PAVING AND DRAINAGE PLAN PHASE II-IV

XX

HILLCREST COUNTRY CLUB REDEVELOPMENT
4600 HILLCREST DRIVE
HOLLYWOOD, FL 33021

4"

C-205

Kutak Rock LLP
107 West College Avenue, Tallahassee, Florida 32301
office 850.692.7300

MEMORANDUM

Jonathan T. Johnson
jonathan.johnson@kutakrock.com

TO:		HILLCREST COMMUNITY DEVELOPMENT DISTRICT BOARD OF SUPERVISORS

FROM:	JONATHAN T. JOHNSON DATE:	 JANUARY 17, 2023
RE:	PUBLIC RECORDS RETENTION

The purpose of this memorandum and attached resolutions are to update and/or establish the District’s Records Retention Policy, including to reflect management of transitory messages and establishment that the electronic record is considered the official record.

The District essentially has two options to ensure compliance with applicable Records Retention laws.

First, the District can adopt the Florida Records Retention Schedules modified to ensure the District is also retaining the records required by federal law and the trust indenture. This option allows for the timely destruction of records while ensuring that the District’s policy is in compliance with state and federal laws. Kutak Rock has prepared a resolution that implements this option, and it is attached hereto as Option 1.

Second, a District can adopt the Florida Records Retention Schedules as written and adopt a policy that states that the District will not be destroying any records at this point in time, with the exception of Transitory Messages. Kutak Rock has prepared a resolution that implements this option, and it is attached hereto as Option 2.

It is important to note that the District could change its Records Retention policy at a later date so long as the District’s amendment was consistent with the notice and hearing provisions found in Chapter 190.

OPTION 1

RESOLUTION 2023‐02

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE HILLCREST COMMUNITY DEVELOPMENT DISTRICT PROVIDING FOR THE APPOINTMENT OF A RECORDS MANAGEMENT LIAISON OFFICER; PROVIDING THE DUTIES OF THE RECORDS MANAGEMENT LIAISON OFFICER; ADOPTING A RECORDS RETENTION POLICY; DETERMINING THE ELECTRONIC RECORD TO BE THE OFFICIAL RECORD; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.

Whereas, the Hillcrest Community Development District (the “District”) is a local unit of special‐purpose government created and existing pursuant to Chapter 190, Florida Statutes; and

Whereas, Chapter 190, Florida Statutes, authorizes the District to adopt rules to govern the administration of the District and to adopt resolutions as may be necessary for the conduct of District business; and

Whereas, Section 257.36(5), Florida Statutes, requires the District to establish and maintain an active and continuing program for the economical and efficient management of records and to provide for the appointment of a records management liaison officer (“Records Management Liaison Officer”); and

Whereas, the District desires for the Records Management Liaison Officer to be an employee of the District or an employee of the District Manager; and

Whereas, the District desires to authorize the District’s records custodian to appoint a Records Management Liaison Officer, which may or may not be the District’s records custodian; and

Whereas, the District desires to prescribe duties of the Records Management Liaison Officer and provide for the assignment of additional duties; and

Whereas, the District’s Board of Supervisors (“Board”) finds that it is in the best interests of the District to adopt by resolution a Records Retention Policy (the “Policy”) for immediate use and application; and

Whereas, the District desires to provide for future amendment of the Records Retention
Policy.

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

SECTION 1.  The District hereby authorizes the District’s records custodian to appoint a Records Management Liaison Officer and report such appointment to the appropriate State of Florida agencies. A Records Management Liaison Officer shall be an employee of the District or the District Manager. The Board, and the District’s records custodian, shall each have the individual power to remove the Records Management Liaison Officer at any time for any reason.

Immediately following the removal or resignation of a Records Management Liaison Officer, the District’s records custodian shall appoint a replacement Records Management Liaison Officer.

SECTION 2.  The duties of the Records Management Liaison Officer shall include the following:

Serve as the District’s contact with the Florida Department of State, State Library and Archives of Florida;

Coordinate the District’s records inventory;

Maintain records retention and disposition forms;

Coordinate District records management training;

Develop records management procedures consistent with the attached Records Retention Policy, as amended;

Participate in the development of the District’s development of electronic record keeping systems;

Submit annual compliance statements;

Work with the Florida Department of State, State Library and Archives of Florida to establish individual retention schedules for the District, from time to time and as may be necessary; and

Such other duties as may be assigned by the Board or the District’s records custodian in the future.

SECTION 3.  The District hereby adopts as its Records Retention Policy the applicable provisions of Section 257.36(5), Florida Statutes, the rules adopted by the Division of Library and Information Services of the Department of State (“Division”) pursuant to Section 257.36, Florida Statutes, and the General Records Schedules established by the Division. However, the District will retain certain records longer than required by the General Records Schedules established by the Division as set forth in Exhibit A. To the extent the above statute, rules or schedules are amended or supplemented in the future, the District’s Records Retention Policy shall automatically incorporate such amendment or supplement provided that such automatic amendment shall not reduce the retention times set forth in Exhibit A. The Records Retention Policy shall remain in full force and effect until such time as the Board amends the Policy.

SECTION 4.  In accordance with section 668.50, Florida Statutes, and section 119.01, Florida Statutes, the Board finds that the electronic record shall be considered the official record and any paper originals are hereby duplicates which may be disposed of unless required to be preserved by any appliable statute, rule or ordinance.

SECTION 5.  If any provision of this resolution is held to be illegal or invalid, the other provisions shall remain in full force and effect.

SECTION 6. This resolution shall become effective upon its passage; shall replace, supplant, and supersede any prior policy or resolution of the District regarding records retention; and shall remain in effect unless rescinded or repealed.

Passed and adopted this 16th day of March 2023.

ATTEST:	HILLCREST COMMUNITY DEVELOPMENT DISTRICT

Secretary / Assistant Secretary	Chairperson, Board of Supervisors

Exhibit A:	District Amendments to General Records Schedules Established by the Division

Exhibit A

District Amendments to General Records Schedules established by the Division

ADVERTISEMENTS: LEGAL (Item #25)
The District shall retain mailed and published legal advertisements, and corresponding affidavits, relating to proceedings under uniform method of collection of debt assessments permanently. The District shall retain mailed and published legal advertisements, and corresponding affidavits, relating to the levy of assessments securing bonds for five (5) fiscal years provided applicable audits have been released, or until three (3) calendar years after related bonds are redeemed, whichever is later.

AUDITS: INDEPENDENT (Item #56)
The District shall retain the record copy of independent audits for ten (10) fiscal years or until three (3) calendar years after all related bonds are redeemed, whichever is later.

DISBURSEMENT RECORDS: DETAIL (Item #340)
The District shall retain the record copy of disbursement records relating to the use of bonds for five (5) fiscal years provided applicable audits have been released or until three (3) calendar years after related bonds are redeemed, whichever is later.

DISBURSEMENT RECORDS: SUMMARY (Item #341)
The District shall retain the record copy of disbursement records relating to the use of bonds for ten (10) fiscal years provided applicable audits have been released or until three (3) calendar years after related bonds are redeemed, whichever is later.

FINANCIAL REPORTS: LOCAL GOVERNMENT ANNUAL REPORTS (Item #107)
The District shall retain the record copy of disbursement records relating to the use of bonds for ten (10) fiscal years provided applicable audits have been released or until three (3) calendar years after all related bonds are redeemed, whichever is later.

INCIDENT REPORT FILES (Item #241)
The District shall retain incident reports for five (5) anniversary years from the date of the incident.

MINUTES: OFFICIAL MEETINGS (PRELIMINARY/AUDIO RECORDINGS/VIDEO RECORDINGS (Item #4)
The District shall retain audio recordings of board of supervisor meetings for five (5) calendar years after adoption of the official minutes.

PROJECT FILES: CAPITAL IMPROVEMENT (Item #136)
The District shall retain the record copy of project files for projects funded with bonds for ten (10) fiscal years after completion of the project provided applicable audits have been released or until three (3) calendar years after all related bonds are redeemed, whichever is later.

REAL PROPERTY RECORDS: CONDEMNATION/DEMOLITION (Item #364)
The District shall retain the record copy of project files for condemnation/demolition projects funded with bonds for five (5) anniversary years after final action or until three (3) calendar years after all related bonds are redeemed, whichever is later. The record copy of deeds and easements shall be kept permanently.

REAL PROPERTY RECORDS: PROPERTY ACQUIRED (Item #172)
The District shall retain the record copy of documents related to property acquisitions funded with bonds for three
(3) fiscal years after final disposition of the property provided applicable audits have been released or until three (3) calendar years after all related bonds are redeemed, whichever is later. The record copy of deeds and easements shall be kept permanently.

OPTION 2

RESOLUTION 2023‐02

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE HILLCREST COMMUNITY DEVELOPMENT DISTRICT PROVIDING FOR THE APPOINTMENT OF A RECORDS MANAGEMENT LIAISON OFFICER; PROVIDING THE DUTIES OF THE RECORDS MANAGEMENT LIAISON OFFICER; ADOPTING A RECORDS RETENTION POLICY; DETERMINING THE ELECTRONIC RECORD TO BE THE OFFICIAL RECORD; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.

Whereas, the Hillcrest Community Development District (“District”) is a local unit of special‐purpose government created and existing pursuant to Chapter 190, Florida Statutes; and

Whereas, Chapter 190, Florida Statutes, authorizes the District to adopt rules to govern the administration of the District and to adopt resolutions as may be necessary for the conduct of District business; and

Whereas, Section 257.36(5), Florida Statutes, requires the District to establish and maintain an active and continuing program for the economical and efficient management of records and to provide for the appointment of a records management liaison officer (“Records Management Liaison Officer”); and

Whereas, the District desires for the Records Management Liaison Officer to be an employee of the District or an employee of the District Manager; and

Whereas, the District desires to authorize the District’s records custodian to appoint a Records Management Liaison Officer, which may or may not be the District’s records custodian; and

Whereas, the District desires to prescribe duties of the Records Management Liaison Officer and provide for the assignment of additional duties; and

Whereas, the District’s Board of Supervisors (“Board”) finds that it is in the best interests of the District to adopt by resolution a Records Retention Policy (the “Policy”) for immediate use and application; and

Whereas, the District desires to provide for future amendment of the Records Retention
Policy.

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

SECTION 1.  The District hereby authorizes the District’s records custodian to appoint a Records Management Liaison Officer and report such appointment to the appropriate State of Florida agencies. A Records Management Liaison Officer shall be an employee of the District or the District Manager. The Board, and the District’s records custodian, shall each have the individual power to remove the Records Management Liaison Officer at any time for any reason.

Immediately following the removal or resignation of a Records Management Liaison Officer, the District’s records custodian shall appoint a replacement Records Management Liaison Officer.

SECTION 2.  The duties of the Records Management Liaison Officer shall include, but not be limited to, the following:

Serve as the District’s contact with the Florida Department of State, State Library and Archives of Florida;

Coordinate the District’s records inventory;

Maintain records retention and disposition forms;

Coordinate District records management training;

Develop records management procedures consistent with the attached Records Retention Policy, as amended;

Participate in the District’s development of electronic record keeping systems.

Submit annual compliance statements;

Work with the Florida Department of State, State Library and Archives of Florida to establish individual retention schedules for the District, from time to time and as may be necessary; and

Such other duties as may be assigned by the Board or the District’s records custodian in the future.

SECTION 3.  The District hereby adopts as its Records Retention Policy the applicable provisions of Section 257.36(5), Florida Statutes, the rules adopted by the Division of Library and Information Services of the Department of State (“Division”) pursuant to Section 257.36, Florida Statutes, and the General Records Schedules established by the Division. However, the District hereby extends the minimum retention guidelines contained in the General Records Schedules so that the District will retain all public records relating to District business until the Board of Supervisors amends the Records Retention Policy to address the disposition of the same. Notwithstanding the foregoing, the District shall only retain Transitory Messages until the Transitory Message is obsolete, superseded or administrative value is lost in accordance with the General Records Schedule for State and Local Government Agencies, Item #146, as incorporated by reference in Rule 1B‐24.003(1)(a), Florida Administrative Code. To the extent the above statute, rules, or schedules are amended or supplemented in the future, the District’s Records Retention Policy shall automatically incorporate such amendment or supplement provided that such automatic change does not permit the disposition of District records without further action of the Board. The Records Retention Policy shall remain in full force and effect until such time as the Board amends the Policy.

SECTION 4.  In accordance with section 668.50, Florida Statutes, and section 119.01, Florida Statutes, the Board finds that the electronic record shall be considered the official record and any paper originals are hereby duplicates which may be disposed of unless required to be preserved by any appliable statute, rule or ordinance.

SECTION 5.  If any provision of this resolution is held to be illegal or invalid, the other provisions shall remain in full force and effect.

SECTION 6. This resolution shall become effective upon its passage; shall replace, supplant, and supersede any prior policy or resolution of the District regarding records retention; and shall remain in effect unless rescinded or repealed.

Passed and adopted this 16th day of March 2023.

ATTEST:	HILLCREST COMMUNITY DEVELOPMENT DISTRICT

Secretary / Assistant Secretary	Chairperson, Board of Supervisors

Composite Exhibit A: General Records Schedules, GS1‐SL and GS3

Composite Exhibit A

General Records Schedules Established by the Division (GS1‐SL and GS3)

[attach, if Option 2 adopted]