RESOLUTION NO. 2025-08

A

RESOLUTION

OF

THE

BOARD

OF

SUPERVISORS OF THE LOS CAYOS COMMUNITY

DEVELOPMENT

DISTRICT,	ADOPTING	LOS

CAYOS

COD	RULE	2025-1	PERTAINING

TO

MAINTENANCE AND COMPLIANCE WITH THE DECLARATION OF RESTRICTIVE COVENANT AND ENGINEERING CONTROL MAINTENANCE

PLAN (PHASE 2) RELATING TO PROTECTION OF GROUNDWATER AND CONTAMINATED SOIL ON PROPERTY LOCATED WITHIN THE DISTRICT

BOUNDARIES;

PROVIDING

A	SEVERABILITY

CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Los Cayos Community Development District (the "District") is a local unit of special-purpose government organized and existing in accordance with the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended; and

WHEREAS, District joined and consented to the Declaration of Restrictive Covenant ("DRC") recorded on August 30, 2024, in Book 34387, Page 2756, of the official public records of Miami-Dade County, which the District agreed to be responsible for the obligations described in the Engineering Control Maintenance Plan ("ECMP") dated July 23, 2024 Keys Lake Phase 2 Closure Area, regarding the engineering control inspection and maintenance of properties within the District boundaries; and

WHEREAS, the District has determined that based upon the DRC and ECMP, the District will need to inspect and report on the condition of the lands within the Keys Lake Phase 2 area within the boundaries of the District, provide notices to Miami-Dade County Department of Regulatory and Economic Resources, Division of Environmental Resources Management ("DERM") and perform certain repairs, as may be necessary to stay in compliance with the DRC and ECMP; and

WHEREAS, District has the need to enact reasonable rules and regulations to perform its obligations under the DRC and ECMP regarding inspection and necessary repairs of properties within the District boundaries and ensuring compliance with the DRC and ECMP; and

WHEREAS, the District advertised a public hearing for November 4, 2025, in order to hear and receive comments on the proposed Los Cayos COD Rule 2025-1 pursuant to the requirements of Chapters 120 and 190, Florida Statutes; and

WHEREAS, after a duly advertised public hearing held on November 4, 2025, the District Board of Supervisors finds it to be in the best interests of the District to adopt the proposed Los Cayos COD Rule 2025-1 attached to this Resolution as Exhibit A.

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

Section 1.

The above recitals are true and correct and are incorporated in and

adopted as part of this Resolution.

Section 2.

Los Cayos COD Rule 2025-1, attached to this Resolution as

Exhibit A, is hereby adopted by the District.

Section 3.

The  District  Manager  is  hereby  directed	to  distribute  this

Resolution as required by Chapters 120 and 190, Florida Statutes.

Section 4.

This Resolution shall be effective immediately upon adoption.

PASSED AND ADOPTED THIS 4m DAY OF NOVEMBER., 2025.

OSCO PMENTD

ATTE:�,

(_;;,���

Print name:	Gi It W'	c..J?..Atl"-c: "'2--

Secretary/Assistant Secretary

Exhibit A

LOS CAYOS CDD RULE 2025-1

RULES FOR COMPLIANCE WITH DECLARATION OF RESTRICTIVE COVENANT AND ENGINEERING CONTROL MAINTENANCE PLAN PHASE 2 AS TO USE OF PROPERTY WITHIN THE BOUNDARIES OF THE DISTRICT

(1)

General. The Los Cayos Community Development District ("District") joined and consented to a Declaration of Restrictive Covenant ("DRC") recorded on August 30, 2024, at Official Records Book 34387, Page 2756, in the

Public

Records

of	Miami-Dade	County,	Florida

("Covenant"), whereby the District agreed that it was responsible for the obligations described in the Engineering Control Maintenance Plan Keys Lake Phase 2 Closure Area ("ECMP Phase 2"), dated July 23, 2024 (attached hereto as Exhibit 1), providing for the inspection, maintenance and reporting requirements regarding properties situated within the District boundaries and as described in the DRC. The District will conduct certain routine inspections of property within the District boundaries to ensure compliance with the DRC and ECMP Phase 2, require notification by the individual property owners of any penetration of the engineering controls on their property and any interaction with groundwater and reporting to the Department of

Regulatory

and

Economic		Resources, Resources	Management

Division

of

Environmental

("DERM").
is responsible

Pursuant to the ECMP Phase 2, the District

for the maintenance of engineering controls, disclosing

environmental retention of a oversee	and

conditions

to	prospective

contractors, engineer to below the

Florida licensed professional document	work	performed

engineering controls, and submit Source Removal Reports and Engineering Control Repair reports, as necessary, as described in the DRC and ECMP Phase 2.

(2)

Inspections.

The

District

shall

perform

routine

inspections under the direct supervision of a professional engineer on a semi-annual basis to determine compliance with the DRC and ECMP Phase 2. The property owners within the boundaries of the District shall permit the entry of the District personnel to inspect the property owner's unimproved property in accordance with the DRC and ECMP Phase 2. The property owner shall be notified by the District of the date and general time of the aforementioned inspections.

Notification.	All property owners are required to be in

(3)

compliance with the DRC.

Each property owner shall

inform the District, of the following:

(a)

intention of digging holes or trenches which disturb

or	penetrate	the engineering	controls property owner's property; and
intention to interact with groundwater property owner's property; and
proof of  permit  issued  by  Miami-Dade

on	the

(b)

on  the

(c)

County

which provides for all requirements of the DRC; and
notice of any violations received by Miami-Dade County/DERM regarding or arising out of the requirements of the DRC.

(cl)

(4)

Compliance. Pursuant to the requirements of the DRC, the COD requires that individual property owners disclose the environmental conditions and requirements of the DRC and ECMP Phase 2 to prospective contractors, engage a Florida licensed professional engineer to oversee and document work performed on their property, and provide all reports to the District, as required by the ECMP Phase 2.

(5)

Reporting. It is the responsibility of the District to notify DERM of any violations of the Covenant. If the District is made aware of any violations of the DRC, the District will notify the property owner of said violations and advise the property owner to come into compliance therewith.

(6)

Maintenance.

In the event of a failure of the property

owner to comply with the requirements of the DRC, the District has the responsibility under the ECMP Phase 2 to repair and restore any damage to the engineering controls on the subject property at the property owner's sole cost and expense. The property owner shall pay all such costs to the District within thirty (30) days of written notice sent by the District to the property owner at the address on file at the County property appraiser for the subject property. If the property owner fails to timely pay all such costs incurred by the District, the District may impose such costs on the property owner as a maintenance special assessment on the subject property.

Specific Authority:

§§ 120.54, 190.01 1(5), 190.012(3), Fla. Stat.

190.012(3), Fla. Stat. Adopted	

CS

S 

ENGINEERS

Environmental Consultants & Contractors

EXHIBIT C
ENGINEERING CONTROL MAINTENANCE PLAN KEYS LAKE PHASE 2 CLOSURE AREA
NORTH OF THE SW 172 AVENUE AND SW 336 STREET INTERSECTION HOMESTEAD, MIAMI-DADE COUNTY, FLORIDA
HWR-1249 JULY 23, 2024

SITE BACKGROUND
SCS Engineers (SCS) prepared this Engineering Control Maintenance Plan (ECMP), on behalf of Lennar Homes, LLC, for the Phase 2 closure area (the Property) which is located in the vicinity of SW 172nd Avenue and SW 336th Street, Homestead, Miami-Dade County, Florida. The Property is part of and encompassed by a larger parcel of land, known as Keys Lake (the Site).
The engineering control (EC) at the Property consists of at least two feet of clean fill (i.e. fill imported from a rock quarry in Miami-Dade County and/or soil with arsenic concentrations within the observed range of naturally occurring concentrations in Miami-Dade County soils, based on the Miami-Dade County natural background data set) and extends throughout the Property. Refer to Exhibit C, Figure 1 through Figure 3 for the engineering control as-built survey, prepared by County-Wide Land Surveyors, Inc. (CWLSI) certified on July 22, 2024.

ENGINEERING CONTROL INSPECTION AND MAINTENANCE
The Los Cayos Community Development District (the CDD), on behalf of the property owner(s), will be responsible for the inspections, notification, and maintenance described herein.

Inspections
A Florida-licensed Professional Engineer, or appropriate personnel under the direct supervision of the Professional Engineer, retained by the CDD, will conduct semi-annual inspections of the EC. During the inspections, evidence of damage or failure of the engineering control will be noted.

The following constitutes damage to the engineering control:

•
•

Holes at the surface with a depth of less than two feet Signs of erosion at the surface

The following constitutes failure of the engineering control:

•

Holes at the surface deeper than two feet

The results of the EC inspections will be documented in writing and the date, name of the inspector (and associated qualifications), key observations, and recommended corrective actions (if applicable) will be included.

Maintenance
If evidence of damage to the EC or failure of the EC is observed, the ECs will be restored within 30 days of discovery. Inspection reports and repair records will be maintained by the COD and submitted to DERM upon request.

DISTURBANCE OF ENGINEERING CONTROL
Work Authorization
The COD will notify the Pollution and Remediation Section of Miami-Dade County DERM and the South Florida Water Management District (SFWMD) prior to digging of any holes, trenches, or any other penetrations of the earth.

The above DERM notification also applies to work undertaken by other entities on behalf of the COD.

Disturbance within EC
If the work is conducted within the EC (excavation that does not fully penetrate the 2-foot soil cap), the COD shall be responsible for repairing the ECs. Photographic evidence of the repair shall be maintained by the COD.

Disturbance below the EC
The following applies to work that will involve excavation below the EC:

Contractor Requirements

1.

The environmental condition of the Site shall be disclosed to prospective Contractors by the COD.

2.

A Dust Control Plan with specific means and methods for dust suppression during execution of the work shall be submitted to DERM for review and approval prior to commencement of the work.

3.

The Contractor shall prepare a project specific Health and Safety Plan (HASP), for use by their employees, subcontractors, and vendors engaged in the work. The Contractor shall review the HASP with all onsite employees prior to starting the work.

4.

The Contractor shall comply with all applicable provisions of federal, state, and local health and safety statutes, codes, and regulations, including but not limited to Chapter 24 of the Code of Miami-Dade County.

5.

A Soil Management Plan (SMP) to perform excavation work shall be submitted to DERM for review and approval prior to commencement of the work. This SMP must include details regarding the following: soil stockpiling, transportation and disposal of excavated soil (including identification of companies retained for such efforts), the plan for reuse of any excavated soil at the Site, the importation of clean backfill for use at the Site (including the

source of the backfill), and the repair to the ECs. At a minimum, the SMP shall provide provisions for the following guidelines:

•

Any soil excavated from below the 2-foot soil cap will be stockpiled on an impermeable surface or directly loaded into trucks for transport to a disposal facility certified to accept this type of soil. Stockpiled soil shall be placed on a double layer of at least 6-mil thick polyethylene sheeting. The Contractor shall cover and berm soil stockpiles to prevent infiltration of water into, and erosion of soil from the stockpiles. Soil shall not be stockpiled onsite for more than 60 days. Soil will either be returned to its original location and depth, or properly disposed at a Class I landfill. In the event of off-site disposal, all transportation and disposal manifests will be provided to DERM.

•

If necessary, clean soil will be added to return the area to existing grade. Clean fill shall be obtained from a DERM-approved quarry or will otherwise be pre-approved by DERM.

Owner Requirements
1. The CDD must ensure the Contractor engages a Florida-licensed Professional Engineer for overseeing and documenting the work.

2. The CDD shall submit to DERM a Source Removal Report (if soils are removed from the Site) and/or an Engineering Control Repair Report (ECRR) within 60 days of work completion. The ECRR shall be signed and sealed by a Florida-licensed Professional Engineer.

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