Silver Lakes RV Resort-Phase2C
MEMORANDUM
DATE: J&tlj (I)YC/7
TO: Maureen Kenyon, Supervisor, Clerk to Board
FROM: Shirley Nix, Engineering Technician I r.,?J--------
Project Plan Review
RE: Silver Lakes RV Resort, Phase 2-C
Sewer Facilities Acceptance _
0;~l"jr{?CI'/?/- b,v /:fc'(' {kf./?tJ, ;Ci9l ~
-'
Engineering Review has granted preliminary approval on June 20,
1997, and accepted the sewer facilities within the
above-referenced project.
Attached, please find the following documents for your files.
l. Utilities Facilities Subordination, Consent and Joinder
(Recorded)
2. Bill of Sale (Recorded)
3 . Utilities Facilities Warranty Deed (Recorded)
4 . Owner's Affidavit
5 . Attorney's Affidavit
6. Preliminary approval letter from Engineering Review
7. Bacteriological clearances (DER certification) for water
facilities
8 . DER Placement-in-Service letter for sewer facilities
9. Contractor's Final Release of Lien
10. Certification concerning contributions-in-aid of any
construction
1l. Verification of final cost (Detailed: quantities, sizes,
unit cost, total cost, etc. )
Memorandum to Maureen Kenyon, Supervisor, Clerk to Board
July 1, 1997
Page Two
12. Letter by Engineer certifying that all water and/or
sewer facilities are located within the public
right-of-way or dedicated easements
13. Contractual Guarantee for material and workmanship for a
period of at least one year after the Board of County
Commissioners' acceptance for both water and sewer
facilities
14. Certification of the inflow/infiltration test for the
sewer lines by Engineer of Record
15. Copy of video tape test report
16. Letter from Compliance Services section certifying that
the final inspection reveals that the Utility facilities
have been constructed in accordance with County
ordinances and regulations
17. One copy of the recorded plat
18. One set of record drawings, signed and sealed by the
Engineer of Record
If you have any questions, please call and advise accordingly.
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MEMORANDUM
DATE: July 1, 1997
TO: Recording
FROM: Shirley Nix, Engineering Technician II~.
Project Plan Review
RE: Silver Lakes RV Resort, Phase 2-C
Sewer Facilities Acceptance
Recording Fee Number 113-138312-649030
A preliminary approval was given by Engineering Review Services on
above mentioned project on June 20, 1997.
Attached, please find the following documents that need to be
recorded, in order:
l. Utilities Facilities Subordination, Consent and Joinder
2. Bill of Sale
3 . Utilities Facilities Warranty Deed
Once the documents are recorded, please send the originals back to
me. Also, please forward the recording fee bill so we can collect
from the developer. Thanks for your assistance.
If you have any questions, please call and advise accordingly.
/sn
attachments
-^~- - --....- .--'--"--_.'~-""-""~-
Form 4 - Rev. 4/28/89
(Utilities Facilities
Consent and Joinder)
Utilities Acceptance -
Doc #320
UTILITIES FACILITIES SUBORDINATION,
CONSENT AND JOINDER
THIS SUBORDINATION, CONSENT AND JOINDER given this /q day
of February, 1997, by Citizens Community Bank, (hereinafter
referred to as "Mortgagee"), in favor of the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT, its successors and assigns,
(hereinafter referred to as "County"). Mortgagee is used as
singular or plural, as the context requires.
WIT N E SSE T H :
WHEREAS, Mortgagee is the owner and holder of that certain
Mortgage from Conquest Development USA, L.C., a Florida limited
liability company, dated December 24, 1996, and recorded January 6,
1997, in O. R. Book 2268, Page 2159, of the Public Records of
Collier County, Florida, (hereinafter referred to as "Mortgage"),
encumbering the premises legally described therein, (hereinafter
referred to as the "Encumbered Property") .
WHEREAS, Mortgagee is the holder of that certain Assignment of
Rents recorded January 6, 1997, in O. R. Book 2268, Page 2168,
(herein referred to as "Assignment of Rents"), encumbering the
premises legally described therein, (hereinafter referred to as the
"Encumbered Property") .
WHEREAS County has requested and received from the fee simple
owner of the Encumbered Property non-exclusive easements for the
installation and maintenance of utility facilities over and across
a portion of the encumbered premises legally described in Exhibit
"A" attached hereto and incorporated herein by virtue of this
reference, which premises are hereinafter referred to as the
"Easement Property".
1 '~ WHEREAS, County has requested that Mortgagee consent to, join
~S in and subordinate its Mortgage and Assignment of Rents to the
~ ~ interest that County has in the Easement Property to which request
~ ) Mortgagee has agreed.
~ NOW THEREFORE, in consideration of TEN DOLLARS ($10.00) and
-~'" other good and valuable consideration, the receipt of which is
~, hereby acknowledged, the Mortgagee does hereby consent to, join in
~ and subordinate the lien of its Mortgage and Assignment of Rents to
~ the grant of that certain easement described herein over, under,
.~ and across the Easement Property and any interest of the County in
~, any utility facilities located therein or affixed thereto. Except
\~ as subordinated to the easement described herein over, under, and
'\J across the Easement Property or any utility facilities located
therein or affixed thereto, said Mortgage and Assignment of Rents
shall remain otherwise in full force and effect.
2201082 OR: 2327 PG: 3351
DCORDID in orrICIlL DCORDS of COLLIBR CaUl'll, lL
07/02/97 at 12:11PI D'IGB'l B. BROCI, CLBRI
DC III 15.00
letn:
SHULll III
BIGIIBIRIIG RBVI.' SIRVICIS
11'1 5586
QBNAPl \96556.
OR: 2327 PG: 3352
IN WITNESS WHEREOF, the Mortgagee has caused these presents to
be executed the date and year first above written.
Witnesses,~ CITIZENS COMMUNITY BANK
~ /~~/
;f. i /,' i /'''''
, ",.:,bti~ _, /!- .' " ~ ~ \ LA..- /J~
ltness #1 , ' By: r '.
_'Y,7,Z;[JA' tl 51? I lW'c7/ W. Terrell Upson
p"l!t~me Witness 1 , President
V . itA) '1Jt -fLLA ~~)
'Ljness #2 ~ h-L
I A ,,-)A- ~t. eiA.e
Print Name Witness #2
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing UTILITIES FACILITIES SUBORDINATION, CONSENT AND
JOINDER was acknowledged before me by W. Terrell Upson, as
President of CITIZENS COMMUNITY BANK, on behalf of the Bank. He is
C)() personally known to me or (_) has produced
as identification and
did take an oath.
WITNESS my hand and official seal this 19 day of February,
1997. /'-,
\, , ~
.I' ( ~' "
rf,-- ,/ U/Y'-r-...- '--nZ ~. U~tt!._(j.-Z
Notary publ i...f. . II
(SEAL) Print Name: L) / 1-\ U A 1---1. N e ().)(
Commission #
.My Commission Expires:
~.".~~'"., DIANA M. NEWB.L
~ k ~COMMISSION' cain,.
~ EXPIRES JAN 01. 2001
'"-I~ BONOED THROUGH
.~ Of~ AlLANTlC 80N01NG CO_INC.
QBNAPl \96556,
- - ttt OR: 2327 PG: 3353 ttt
EXHIBIT A
EASEMENT PROPERTY
All sewer facilities located within Tract R of
the plat of Silver Lakes Phase Two-C,
according to the plat thereof as recorded in
Plat Book 27, Pages 74 and 75, of the Public
Records of Collier County, Florida.
QBNAPl \96556.
- . 2201083 OR: 2327 PG: 3354
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, lL
07/02/97 at 12:11PM DWIGHT B. BROCK, CLBRK
Form 9 - Rev, 4/28/89 RBC lBB 10.50
(Bill of Sale) Utilities Ret '
Acceptance - Doc, #320 D.
This Instrument Prepared by: ~InnRll
Timothy G. Hains, Esquire BRGINBBRIRG RBVIBIf SBRVICBS
QUARLES & BRADY BIT 5586
4501 North Tamiami Trail, #300
Naples, Florida 33103
BILL OF SALE
SILVER LAKES PHASE TWO-C SEWER UTILITIES
THIS BILL OF SALE evidencing the sale and conveyance of the
sewer utility facilities described herein is made this /.~tJ::; day of
IUM.Dcccmbcr, 1991: by CONQUEST DEVELOPMENT U.S.A., L.C., a Florida
vO- Limited Liability Company, (hereinafter "Seller"), and the Board of
County Commissioners of Collier County, Florida, as the governing
body of Collier County and as Ex-Officio the Governing Board of the
Collier County Water-Sewer District, its successors and assigns,
(hereinafter "Buyer").
WIT N E SSE T H:
That said Seller, for and in consideration of the sum of Ten
Dollars ($10.00) and other good and valuable consideration to said
Seller in hand paid by the said Buyer, the receipt whereof is
hereby acknowledged, has granted, bargained, sold, transferred, set
over and delivered, and by these presents does grant, bargain,
sell, transfer, set over and deliver unto the Buyer, and the
Buyer's heirs, successors and assigns forever, all those certain
sewer utility facilities lying within the following described land,
together with appurtenant easement rights for the operation
installation and maintenance of said facilities, situate, lying and
being in Collier County, Florida, to wit:
All sewer facilities located within Tract R of the plat
of Silver Lakes Phase Two-C, according to the plat
thereof as recorded in Plat Book Z7 ,Pages 74 & 75 ,
of the Public Records of Collier County, Florida.
,~ '~
_~ ~ The Seller, for itself and its successors, hereby covenants to
\ ~ and with the Buyer and its successors and assigns that it is the
~ ~J lawful owner of the said goods and chattels herein referred to as
\~ sewer utility facilities; that said goods and chattels are free
, from all liens and encumbrances; that it has good right, title and
~, authority to sell same, and that it will warrant and defend the
-t same against the lawful claims and demands of all persons
~ whomsoever. Seller and Buyer are used for singular or plural, as
~ the context requires.
v
.~
, IN WITNESS WHEREOF, SELLER has caused these presents to be
\' executed the date and year first above written.
)~ CONQUEST DEVELOPMENT U.S.A.,
L.C., a Florida Limited
Liability Company
Witnesses:
QBNAPl \96595.
. *** OR: 2327 PG: 3355 ***
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing i~rument was acknowledged before me this
/ ~ ~ day of :gecelllbe:r 99, by William E. Bridgett, as Manager of
dSNQUEST DEVELOPMENT .s.1:, L.C., a Florida Limited Liability
Company, on behalf of the Company. He ( vJis personally known to
me or (= ) produced a~
identific~tien, and he ~/~id not take an oath.
. -~ .. . :lc~ '1f-tlk~
'"',,.,,. ~ UND~ K MCMONIGLE Prlnt Name: l.A .' ~
I' A ~COM~!:~,~ION ')~ CC 547897 Notary Public
(SEALA. ~b ~ EXt';fOJ::S AFR 16,2000 My Commission Expires: I I
'::t'FL$~.q BONDED THRU If I '-' :z.. ~
." Of f\l .' A11.ANTIC BOHDING CO;, INQ,
-"'~...-..~-- _.~.. ..-","~ -"'.
QBNAP1\96595,
*** 2201084 OR: 2321 PG: 3356 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COURTY, FL
07/02/97 at 12:11PM DWIGHT I. BKOCI, CLBRX
Form 8 (Warranty Deed) Rle FIB 6.00
Utilities Acceptance.. Doc. #320 DOC- 70 70
Prepared by: . .
Timothy G. Hains, Esquire Retn:
QUARLES & BRADY SHIRLBY RIl
4501 North Tamiami Trail, #300 IRGIRBBRIRG RBVIIII SBRVICBS
Naples, Florida 34103 BIT 5586
Property ID# 00732640000
Underlying land
SEWER UTILITIES FACILITIES
SILVER LAKES PHASE TWO-C
WARRANTY DEED
THIS INDENTURE made this l:5tI-day of ~r, 199~ between
CONQUEST DEVELOPMENT U.S.A., L.C., a Florida Limited Liability
Company (hereinafter referred to as "Grantor"), and the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING
BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE
COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns,
(hereinafter referred to as "Grantee").
WIT N E SSE T H:
That said Grantor, for and in consideration of the sum of Ten
Dollars ($10.00) and other good and valuable consideration to said
Grantor in hand paid by said Grantee, the receipt whereof is hereby
acknowledged, has granted, bargained and sold to the said Grantee,
and Grantee's heirs, successors and assigns forever, all sewer
utility facilities lying within the following described land,
together with appurtenant easement rights for the operation,
installation and maintenance of said facilities, situate, lying and
being in Collier County, Florida, to wit:
All sewer facilities located within Tract R of the plat
of Silver Lakes Phase Two-C, according to the plat
thereof as recorded in plat Book Z7 , Pages 74 & 75 ,
of the Public Records of Collier County, Florida,
and said Grantor does hereby fully warrant the title to said
utility facilities, and will defend the same against the lawful
claims of all persons whomsoever. For the purposes of this
conveyance, the utility facilities conveyed herein shall not be
deemed to convey any of the land described above. Grantor and
Grantee are used for singular or plural, as context requires.
\'~
~, IN WITNESS WHEREOF, Grantor has caused these presents to be
.~~ executed the date and year first above written.
~ ,}
~~ CONQUEST DEVELOPMENT U.S.A.,
... L. C. , a Florida Limi ted
.~ Liability Compa
t'-
.~
~
~
"
~
\~
'~
STATE OF FLORIDA
COUNTY OF COLLIER ~ .
The foregoing yinstrument was acknowledged before me this
13 day of Decemocr, 199~ by William E. Bridgett, as Manager of
CONQUEST DEVELOPMENT U.S.A., L.C., a Florida Limited Liability
Company, on behalf of the Company. He is personally known to me
and he didAtake an oath.
tJo-I ~ ~ '
~ '" ... UND~,!<. M~M~NIGLE Jc... ~
5~~~ COMMb::.10N #' cC 547897 Name ~
:> \, r;:,.;,yn.::'c' f'P"~ "1"1 ")"'00 . i-I~D e--
" r....'" ,n'..,.. "" r, ,,"..&:.u N t P bl'
,S' I. ~ if fY'N!JEO 1H'1U . 0 a ry u 1 c
(SEAL) ~m'l.i A~OONoJOOCO..1NC. My Commission Expires: r/j(g/~
QBNAP1\107957.
This Instrument Prepared by:
Timothy G. Hains, Esquire
Quarles & Brady
4501 North Tamiami Trail, Suite 300
Naples, Florida 34103
OWNER'S AFFIDAVIT
SILVER LAKES - PHASE TWO-C
SEWER UTILITIES ACCEPTANCE
STATE OF FLORIDA
COUNTY OF COLLIER
ON THIS d day of ~ 199~ before me personally
appeared WILLIAM E. BRIDGETT, as Manager of CONQUEST DEVELOPMENT
U.S.A., L.C., A Florida Limited Liability Company, owner of
property to me personally known (hereinafter "Affiant"), who. being
duly sworn on his oath, did say that all of the persons, firms, and
corporation, including the general contractor and all
subcontractors, who have furnished services, labor or materials
according to plans and specifications, or extra items, used in the
construction or repair of sewer utility facilities on the real
estate hereinafter described, have been paid in full and that such
work has been fully completed and accepted by the owner.
Affiant further says that no claims have been made to the
Owner by, nor is any suit now pending on behalf of, any contractor,
subcontractor, laborer or materialman, and further that no chattel
mortgages or conditional bills of sale have been given or are now
outstanding as to the subject utility facilities placed upon or
installed in the aforesaid premises.
Affiant says that the subject real property is encumbered of
record as follows:
a) Mortgage executed by Conquest Development U.S.A.,
L. C. in favor of AmSouth Bank of Florida, a Florida banking
corporation, as successor in interest to Citizens National Bank of
Naples, dated December 31, 1993, and recorded January 13, 1994, in
Official Records Book 1904, Pages 1051 through 1081, inclusive,
amended by instrument recorded in Official Records Book 1914, Pages
688 through 692, inclusive, and further amended by instrument
recorded April 18, 1995, in Official Records Book 2049, Page 2302;
and amended by instrument recorded in Official Records Book 2117,
Page 0750, all of the Public Records of Collier County, Florida.
b) That certain UCC-1 Financing Statement executed by
Conquest Development USA, L.C. in favor of Mortgagee, recorded in
O.R. Book 1904, Page 1082; and Assignment of Rents, Leases, Sales
Contracts and Profits recorded January 13, 1994, in O.R. Book 1904,
Page 1086, all of the Public Records of Collier County, Florida.
That certain real property referred to herein is also subject
to the following:
a) Easements, restrictions and other matters as
described on the Plat of Silver Lakes Phase Two-C, as recorded in
Plat Book 27 ,Pages 74 & 75 , of the Public Records of
Collier County.
b) That certain DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR SILVER LAKES RV RESORT & GOLF CLUB, dated
December 30, 1992, and recorded December 31, 1992, in Official
Records Book 784, Pages 1103 through 1145, inclusive, and First
Amendment to Declaration of Covenants, Conditions and Restrictions
for Silver Lakes RV Resort & Golf Club, recorded June 9, 1993, in
O.R. Book 1834, Pages 0248 through 0250; Second Amendment recorded
December 16, 1994, in O.R. Book 2011, Page 2320; Third Amendment
recorded December 28, 1994, in O.R. Book 2014, Page 1993, and as
subsequently amended of record, inclusive, all of the Public
QBNAPl\107950,
Records of Collier County, Florida.
Affiant, as and on behalf of the Owner of the subject utility
facilities, does for valuable consideration hereby agree and
guarantee, to hold the Board of County Commissioners of Collier
County, Florida, as the governing body of Collier County and as Ex-
Officio the Governing Board of the Collier County Water-Sewer
District harmless against any lien, claim or suit by any general
contractor, subcontractor, mechanic or material man, and against
chattel mortgages, security interests or repair of the subject
utility facilities. Affiant is used as singular or plural, as the
context requires.
The utility facilities referred to herein are located within
the real property described as:
Tract R, SILVER LAKES PHASE TWO-C, according
to the plat thereof recorded in Plat Book
Z7 , Pages 74 R ""F. , of the Public
Records of Collier County, Florida.
CONQUEST DEVELOPMENT U. S . A., L. C. , a
Florida Limited bility Company
By:
The foregoing instrument was, sl;,orn to and subscribed before me
this 13 J:J:.. day of ~99 , by William E. Bridgett, as
Manager of CONQUEST DEVELOPM NT U.S.A., L.C., a Florida Limited
Liability Company, on behalf of the Company. He is personally
known to me and he did take an oath.
. ,~~., UNO'" K. MCMoNIGlE "-,. :1~. ~
~i' COM"'SSlON " CC 547897
Print Name: ~
Zt: ,to'" E\';"P"::G f\'-"r=t 1.q 2000 Notary Public
,~" . ~,.., ~ ~ ..."
( SEAL ~.; BONDED 1'HRU My Commission Expires: 'i/If,!2..Cec.
~OFf\l ATLANTlC BONDING CO..INC.
Form 6 - Rev. 4/28/89
(Owners Affidavit) Utilities
Acceptance - Doc. #320
QBNAP1\107950.
.
Form 5 - ReV. 4~28/~~-
(Attorney's Aff~dav~ ~
utilities Acceptance
DoC. #320
ATTORNEY'S AFFIDAVIT
SILVER LAKES PHASE TWO-C
SEWER UTILITIES ACCEPTANCE
STATE OF FLORIDA
COUNTY OF COLLIER
ON THIS 20th day of June, ~997, before me personallX ap~eared
TIMOTHY G. HAINS, a licensed attorney authorized to practlce '~ the
State of Florida, to me personally known, whose. cu~rent,bUsln7ss
address and telephone number is 450~ North Ta~'am' T~all,. su;te
300, Naples, Florida 34~03, (94~) 262-5959 (heremafter Afflant ),
who, being duly sworn on his oath, does say:
~. The Affidavit is given as an inducement to the Board of
County Commissioners of Collier County, Florida, as the governing
body of Collier County and as Ex-Officio the Governing Board of the
Collier County Water-Sewer District to accept the dedication or
conveyance of sewer utility facilities located within or upon the
real property described in the attached Exhibit "A", which is
incorporated herein by reference, said land being located in
Collier County, Florida.
2. The Affiant has examined record title information to both
the real property referenced in this affidavit, including but not
limited to, information requested from the Florida Secretary of
State relative to any Uniform Commercial Code financing statements.
3. It is the opinion of the Affiant that, as of June 15,
1997, the record owner of the real and personal property described
herein is CONQUEST DEVELOPMENT USA, L.C. , a Florida limited
liability company, (hereinafter 1I0wnerll) . The Owner acquired
record title to the subject real property by instrument recorded in
Official Records Book 1750, Page 1265, of the Public Records of
Collier County, Florida, attached hereto as Exhibit IIBII .
4. The Affiant has examined the Articles of organization and
the Regulations of conquest Development U.S.A. , L.C. conquest
Development U.S.A. , L.C. was validly formed and is currently in
existence and active within the State of Florida. Conquest
Development U.S.A. , L.C. is currently authorized to do business
within the State of Florida. The following are the names and title
of persons authorized to execute instruments on behalf of conquest
Development U.S.A., L.C. in conjunction with the submission of the
final subdivision plat to the Development Services Direction for
approval by the Board of County Commissioners of Collier County,
Florida:
William E. Bridgett, Manager, Conquest Development
U.S.A. , L. C., and
Wayne H. Henuset, Manager, Conquest Development U.S.A., L.C.
Any one manager of Conquest Development U.S.A., L.C. shall
have the right and power to bind conquest Development U.S.A., L.C.
5. The subject real property is encumbered of record as
follows, copies of which are attached hereto as Exhibit 11 CII :
QBNAP1\107946.
(a) A Security Agreement executed by Conquest
Development U.S.A., L.C., a Florida limited liability company, in
favor of Citizens Community Bank, dated December 24, 1996, and
recorded January 6, 1997, in Official Records Book 2268, Pages 2159
through 2167, inclusive, of the Public Records of Collier County,
Florida, attached hereto as Exhibit "C".
(b) Assignment of Rents, executed by Conquest
Development U.S.A., L.C. , a Florida limited liability company, in
favor of Citizens Community Bank, dated December 20, 1996, and
recorded January 6, 1997, in Official Records Book 2268, Page 2168,
of the Public Records of Collier County, Florida, attached hereto
as Exhibit "C-1".
6 . That certain real property referred to herein is subject
to easements, restrictions and other matters as described on the
Plat of Silver Lakes Phase Two-C, as recorded in Plat Book 27,
Pages 74 and 75, of the Public Records of Collier County, Florida.
7. That certain DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR SILVER LAKES RV RESORT & GOLF CLUB, dated December
30, 1992, and recorded December 31, 1992, in Official Records Book
784, Pages 1103 through 1145, inclusive, and First Amendment to
Declaration of Covenants, Conditions and Restrictions for Silver
Lakes RV Resort & Golf Club, recorded June 9, 1993, in O.R. Book
1834, Pages 0248 through 0250; Second Amendment recorded December
16, 1994, in O.R. Book 2011, Page 2320; Third Amendment recorded
December 28, 1994, in O.R. Book 2014, Page 1993; Fourth Amendment
recorded October 4, 1995, in O.R. Book 2105, Page 1170; Fifth
Amendment recorded October 24, 1996, in O.R. Book 2112, Page 0612;
Sixth Amendment recorded March 7, 1997, in O.R. Book 2292, Page
0778; Seventh Amendment recorded March 7, 1997, in O.R. Book 2292,
Page 0781; and as subsequently amended of record, inclusive, all
of the Public Records of Collier County, Florida, a copy of which
is attached hereto as Exhibit "D".
8 . Affiant further states that the information contained in
this Affidavit is, to the best of his knowledge, true, correct and
current as of the date this Affidavit of Title is given, except as
otherwise provided herein.
~~
~ O.A~~ ~ 0 AA,
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was sworn to and subscribed before me
this O(O~ day of June, 1997, by Timothy G. Hains who is
personally known to me and who did take an oath.
~~JJ~
/Na : SUZANNE HOWARD
No y Public
( SEAL) My Commission Expires:
.A';i.~:'N:"',~ SUZANNE HOWARD
i:~:i:;':. MY COMMISSION # CC 508215
~~. . ~4 EXPIRES: November 6, 1999
"'':f.iiF''~~;'" Bonded Thru Notary Public lJndelWllllll1
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QBNAP1\107946.
,
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-
EXHIBIT A
SILVER LAKES PHASE TWO-C
LEGAL DESCRIPTION
A PORTION OF THE SOUTH ONE-HALF OF THE SOUTH ONE-HALF OF SECT/ON
70 AND A PORTION OF SECT/ON 15, TOWNSHIP 57 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA MORE PAR T/CULARL Y DESCRIBED AS FOLLOWS:
..'
BEGIN A T THE SOU THWES TERL Y MOST COR.NER OF THE SIL VER LAKES,
PHASE ONE PLA T, AS RECORDED IN PLA T BOOK 20, PAGES 91 AND 92 OF
THE PUBLIC RECORDS OF COLLIER COUN TY, FLORIDA/ THENCE RUN
S89'20'OSJlE FOR 452.44 FEET; THENCE RUN S89.79'10JlE FOR 1144.14 FEET,'
THENCE RUN S89.20'37J1E FOR 974.93 FEE.T,' THENCE RUN SOO'39'231'W FOR
240. 96 FEET,' THENCE RUN N89'20'37J1W FOR 4.10 FEET; THENCE RUN
SOO'39'23"W FOR 89.00 FEET,' THENCE RUN "NB9'20'37"W FOR 1330.76 FEET,'
THENCE RUN N89.19'10JlW~FOR 1247. 73 FEET,' THENCE RUN N02.2g;.37."E FOR
330. 75 FEET TO THE POINT OF BEGINNING1. ALL BEING IN AND A PART OF
SECTIONS 70 AND 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA CONTAINING 19.50 ACRES MORE.OR LESS.
,
.'
. ..
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I OlG2349G 1992 .SEP. - 8 PH 3: 16'
,
This instrument prepared byeOLLlER COUNTY RECORDED
Ij~ DAVID C. BOURGEAU
R~C .~ FORSYTH, BRUGGER, REINA & BOURGEAU, P.A.
fRM~~o Fifth Avenue South, Suite 210
rx'>( pIes, Florida 33940
IN ..__
11'.~IL---Property Appraiser I s Parcel Identification Number:
0074200009 and 0072640000
Grantee(s) S.S. I:
THIS INSTRUMENT WAS PREPARED
WITHOUT THE BENEFIT OF LEGAL
OPINION OR TITLE EXAMINATION
WARRANTY DEED
0
THIS WARRANTY DEED made this 20th day o;f. 'August ;J;J
1992, by GEORGE T. DOWNEY and SANDRA G. DOWNEY, husband and wife, CO
0
hereinafter called the Grantors,: to CONQUEST DEVELOP~ENT U.S.A., 0 ~
L. C., a Florida Limited Liabili ty Co~an:Cc' whose'. ,post office ::>>:: (
address is Post Office Box 758, Marco Islan , F orida' 33969 '
hereinafter called the Grantee:
WITNESSETH: That the Grantors, for and'in consia~~ation of the
sum of $'10.00 and other valuable considerations, req~ipt whereof
is hereby aCknowledged, hereby grant, bargain, sell, ~~i~n, remise,
release, convey and confirm unto the Grantee all that'~ertain land
situate in Collier County, State ,of Florida, viz:
., 0 "
' : ~ C:J See Exhibit "A"'attached hereto c:::
j..
..9~' 0j and'incorporated herein. ,~ 0
-
:",1-
t'.v ."""'1 SUBJECT to zoning, building code and other:, te~trictions ~ N
~
imposed by governmenta~ authority, reseryation of oil, CJ'1
gas and mineral interests, restrictions and easements of,
record, and ad valorem real property taxAs accruing
subsequent to December ..31, 1991.
SUBJECT ALSO to the following mortgages. which the
Grantee hereby assumes ,and agrees to pay;,
1. Mortgage from R., Elliot Aronheim. and. Doran. L.
Bouchard to Dr. A.: E. Rhoden, dated Auqv.st 8, 1988,
and recorded August 17, '1988 in O.R. Book 1373, Page
971, PUblic Recor~s of Collier County~ Florida.
V) ~.'i 2. Mortgage from George T. Downey and Sa~~ra G. Downey
l",; "'" to William E. Bridgett, Sandra L. Bridgatt and Wayne
F. Henuset, dated; December 8, 1988, and recorded
,- December 14, 1988;, in O.R. Book 140:0, Page 118,
, . ,.,. Public Records of;Collier County, F~orl.da.
TOGETHER, with all tenements, hereditaments and appurtenances
~ thereto belonging or in anywise appertaining. '
,
TO HAVE AND TO HOLD, the same in fee simple forever.
YW!'fVi\';'" )'01 .
11\101'HY a, HAINS, ~.
H'~ e:. TAMIAMllnAl1. I
t~rJI~a.l"I. ~;JOO2 ,
EXHIBIT "B"
:
. ,
-
.. " ~
AND the Grantors hereby covenant with s~id Gr,~~~ee that the
Grantors are lawfully seized of said land in fee s~mple; that the
Grantors have good right and lawful authority to ~:~1l and convey
said land, and hereby warrant ,the title to said ,...land and will
defend the same against the lawful claims o~ :=-.'all persons
whomsoever; and that said land is free of all encumb~ances, except
taxes accruing subsequent to December 31, 1991-__ ':' ::"
" "
IN WITNESS WHEREOF, the said Grantors have siqn~d and sealed
~ these presents the day and year first above written'~""
0'" .
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Signat e .' :'. OJ :
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GEORGE T. DOWNEY' ~,." 0 Co
Name Printed Name :,~.>~ ' . ~ <:
~ Box 36& :::~,
e s, ME 090 ,'. :
Post Office Add~~~s
" ,
"
("<'.()a "- n . (9.(." ~~d.L, ,,6 .'j/t.V c::
ess U Signature ~ignature' ..:.:. . "'0 c::
Susan T. Roy SAl;!DRA G. DOWNey.':> a; ;::::
Witness. .'1....., pr~n5~!Ll:!.ame 'Printecl Name .:.~., ITI ~
.) .,' '.?-" ~
,,'?' ~-, - P.O. Box 367-
.. - Wells, ME 04090~', ,
Pos't Office Addr~s~
'.
Name
STATE OF MAINF.
COUNTY OF YORK
The foregoing instrument Was acknowledged bef~r~ me this~
day of August ,1992, by George T. Downey and Sanq~a G. Downey,
who are personally known to me or.who have produced driver's
license as identificatlon and did take an,: o~th.
.
JA/\,A " .
'\./vv~ /'....:. .,' ", ,
Notary Public Signature
" '..
...'........."", " Susan T. Roy.", ", '
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,,' . ..c:" ,:,..::.....,..~\'~:.....' Notary Public pr~!>.tecl Name
.. .'. " v ...~ ',(,..'l ~ ' " . , ',.
. i ':'.... c:: '0 \'J' % .,.:':' State ot lIAINE ' . at Large
. l :.;' ('seal-;)t ~::: i ' My commission exp:t\r.es:
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1750 001267
OR BOOK p
PAGE
EXHIBIT "A"
The property Conveyed included both Parcel I a~d Parcel II.
PARCEL I
The North 220.0 feet of the North 1/2 of the North 1/2 of Section
15, Township 51 South, Range 26 East, lying east of State Road 951,
Collier County, Florida, and
The South 1/2 of the South 1/2 of the Southwest 1/4 of Section 10,
Township 51 South, Range 26 East, lying east of State Road 951, and
the South 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section
10, Township 51 South, Range 26 East, and the Southeast 1/4 of the
Southeast 1/4 of Section 10, Township 51 South, Range 26 East~ all
in Collier County, Florida; .
LESS AND EXCEPT that property described in that Deed recorded at
O,R, Book 1272, Page 1189, Public Records of Collier County,
Florida, conveying a parcel approximately .35 acres for the
realighnment of SR 951.
PARCEL I I
That portion of the North-half (N1/2) of the South-half (Sl/2) of .
the Southwest Quarter (SW1/4) lYing ea~t of State Road S-951, and
the North-half (N1/2) of the Southwest Quarter (SW1/4) of the
Southeast Quarter (SE1/4) of Section ~O, Township 51 South, Range
276 East, Collier County, Florida;
Less all that part of the North-half (N1/2) of the South-half
(81/2) of the Southwest Quarter (SW1/4) of Section 10,' Township 51
South, Range 26 East, lying east of State Road S-951, lying 100
feet left and 100 feet right of the following desc~ibed centerline:
From the Southwest corner of Section 15, Township 51"south, Range
26 East, Collier Cqunty, Florida, run S 88- 58' 22" E along the
South line of the Southwest Quarter (SW 1/4) of said Section 15 for
1138.93 feet to the centerline of construction of State. Road S-
951 (200 feet wide) at Station 294 + 04.46 and the Point of
Beginning. From said Point of Beginning run N 02 · 28' 03 II E,
parallel with and 33 feet Westerly from the centerline of State
Road S-951 (100 feet wide) for 15,452.33 feet to Station 448 +
56.79 at the centerline ot u. S. 41 and the end of the herein
described c~~terline.
Bearings are Plane Coordinate for the Florida East Zone.
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.
. DCODU la omeli DCODS of COLLIII COm!, PL
. 11""'7 It 12:40'1 DIIGBT I. IIOCI, eL111
GILD 100001.00
om 100001.80
Dem 42.00
DOC-.J5 2100.00
lIT-.002 1600.00
leta:
ISWII TITLI CUAWTl AGJlct I
PICI or
This instrument prepared by:
Jamie B. Greusel
1104 North Collier Blvd.
Marco Island. FL 34145
THIS IS A BALLOON MORTGAGE AND THE FINAL PRINCIPAL PAYMENT OR THE
PRINCIPAL BALANCE DUE UPON MATURITY IS $800.000.00
TOGETHER WITH ACCRUED INTEREST. IF ANY. AND ALL ADVANCEMENTS MADE
BY THE MORTGAGEE UNDER THE TERMS OF THIS MORTGAGE.
SECURITY AGREEMENT
CONQUEST DEVELOPMENT, U.S.A., LC, a Florida limited liability company,
the MORTGAGOR. in consideration of the principal sum of Eight hundred thousand dollars
($800,000.00) plus interest accruing and payable thereon under as evidenced by that certain
, promissory note dated of even date herewith and by reference being a part hereof to the same
. . extent as though set forth in full herein. from CITIZENS COMMUNITY BANK. the
~
'-. MORTGAGEE. hereby, on this 24th day of December, 1996. mortgages to and encumbers in
-~ f.wor of MORTGAGEE the real property in Collier County. Florida. described as follows:
.( SEE EXHIBIT A, ATTACHED hERETO AND INCORPORATED HEREIN. FOR LEGAL
::J
S C:) DESCRIPTION
~ ::J
-1- (hereinafter referred to as the Mortgaged Premises or Property)
~;=
en
-- Together with any and all awards heretofore and hereafter made to the present and all
?
'1 subsequent owners of the mortgaged premises by any governmental or other lawful authorities
)
for taking or damaging by eminent domain the whole or any part of the mortgaged premises or
any casement therein. including any awards for any changes for grade of streets. together with
all right, title and interest of MORTGAGOR or MORTGAGOR'S successors in title. if any. in
and to any land lying ir. the bed of any stre t, road. avenue. alley or other right of way
adjoining this real property, together with alllixtures serving the mortgaged property. and all
replacements and security deposits,
The MORTGAGOR covenants with the MORTGAGEE that the MORTGAGOR is
indefeasibly seized of the Mortgaged Property in fee simple, have the full power and lawful
right to mortgage and encumber the same. and that the Mortgaged Property is free from all
encum brances.
MORTGAGOR does hereby warmnt the tille to the mortgaged property and will
warrant and defend the same against the lawful claims of all persons whomsoever:
MORTGAGOR docs further W<lrrant th<lt this is 1101lhe homeste<ld property 01 MOR TGAGOR
l10r is it contiguous to MORTGAGOR'S homestead,
I EXHBIIT C
31-
I
~. ;
:It
OR: 2268 PG: 2160
And the MORTGAGOR further agrees as follows:
I. To make all payments required by that note and any renewal or extension thereof
and this mortgage promptly when due without set-ofT. recoupment or deduction, and to perform
all the promises and agreements contained in that note. said payments to be made at
MORTGAGEE'S principal place of business or at any such other place as MORTGAGEE
designates in writing.
2. To pay all taxes, assessments, liens and encumbrances on the Mortgaged Property
promptly when due, and to furnish lender with proofofpayment in each instance. If they are
not promptly paid the MORTGAGEE may pay them without waiving the option to foreclose.
and such payments, with interest thereon from the date of payment at 18 % per year, shall also
be secured by this Mortgage.
3. If required by MORTGAGEE. to pay MORTGAGEE, together with and in addition
to the interest and principal, a sum equal to one-twelfth of the yearly taxes and assessments
which may be levied against the premises, and, ifso required. one-twelfth of the yearly
premiums for insurance thereon. The amount of such taxes, assessments. and premiums. when
unknown, shall be estimated by MORTGAGEE. Such deposits shall be used by
MORTGAGEE to pay such taxes, assessments and premiums when due. Any insufficiency of
such account to pay such charges when due shall be paid by MORTGAGOR to MORTGAGEE
on demand.
4. To keep all buildings and improvements now or thereafter on the Mortgaged
Property insured against damage by flood. windstorm, fire. and lightning in the sum secured by
this mortgage by an insurer satisfactory to the MORTGAGEE and the insurance policy or a
Certificate thereof acceptable to MORTGAGEE is to be held by and payable to the
MORTGAGEE. If the MORTGAGOR shall not do so, the MORTGAGEE may do so without
waiving the option to foreclose, and the cost thereof, with interest thereon from the date of and
the cost thereof. with interest thereon from the date of payment of 18% per year, shall also be
secured by this mortgage, I f any sum becomes payable under such policy. the MORTGAGEE
may apply it to the indebtedness secured by this mortgage. or in MORTGAGEE'S absolute
discretion may permit the MORTGAGOR 10 use it for other purposes. without impairing the
lien of this mortgage.
S, To commit, permi\, or suffer no waste, impairment. or deterioration of the
Mortgaged Property; to maintain the premises in good condition and repair. including. but not
limited to, making of such repairs as MORTGAGEE may from time to time determine to be
necessary for the preservation of the premises.
6, To pay all expenses reasonahly incurred by the MORTGAGEE because of failure of
the MORTGAGOR to comply with the agreements in that note or this mortgage. and to protect
MORTGAGEE'S rights in any litigation, condemnation. estate or bankruptcy proceeding.
2
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. OR: 2268 PG: 2161
including reasonable attorney's fees. The cost thereof. with interest thereon from this date of
payment at 18% per year. shall be also be secured by this mortgage.
7. If any payment provided for in that note is not paid within fifteen (15) days after it
becomes due. or if any agreement in this mortgage other than the agreement to make the
payments is breached for a period of thirty (30) days. the entire unpaid principal balance of that
note. not including unearned interest. shall immediately become due at the option of the
MORTGAGEE. and the MORTGAGEE may foreclose this mortgage in the manner provided
by law. and have the mortgaged property sold to satisfy or apply on the indebtedness hereby
secured,
8. All present and future rents and profits of the mortgaged property are hereby
assigned to MORTGAGEE. Notwithstanding that this instruments is a present assignment of
said rents and profits. it is understood and agreed that the MORTGAGOR has permission to
collect the same as if this assignment had not been given. if and so long only as the
MORTGAGOR shall not be in any default whatever with respect to the payments of principal
and/or interest due on this Joan. or in the performance of any other obligation on the part of
MORTGAGOR to be performed thereunder. but this permission terminates automatically on
the occurrence of default or breach of covenant. The MORTGAGEE shall be responsible only
for rents collected and rents may be applied to the mortgage debt.
9. Any rents and profits of the Mortgaged Property not hereby assigned are also hereby
mortgaged. and if proceedings to foreclose this mortgage shall be instituted. the court having
jurisdiction thereof should appoint a receiver of the mortgaged proj>erty. and apply those rents
and profits to the indebtedness hereby secured. regardless of the solvency of the
MORTGAGOR or the adequacy oflhe security.
10, Any rents and profits of the Mortgaged Property not hereby assigned are also
hereby mortgaged. and if proceedings to foreclose this mortgage shall be instituted, the court
having jurisdiction thereof should appoint a receiver of the Mortgaged Property. and apply
those rents and profits to the indebtedness hereby secured, regardless of the solvency of the
MORTGAGOR or the adequacy of the security,
II. To obtain written consent of MORTGAGEE. said consent to be granted or
withheld at the sole discretion of MORTGAGEE. prior to removing or demolishing any
building, structure. or any improvement on the property. now or hereafter existing. or otherwise
altering the arrangement, design. or structural character of any building,
, 12. To obtain the prior written consent of MORTGAGEE prior to assigning.
transferring. or contracting to sell MORTGAGOR'S fee simple interest or estate in and to the
property. or otherwise leasing or selling all or any portion of the property or l:reating or
suffering any additional mortgages. liens. or encumbrances on the property.
3
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'11
11;
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. OR: 2268 PG: 2162
.
13. No delay by MORTGAGEE in exercising any right. or remedy hereunder. or
otherwise afforded by law, shall operate as a waiver thereof or prelude the exercise thereof
during the continuance of any default thereunder. No waiver by MORTGAGEE of any default
shall constitute a waiver of or consent to subsequent defaults. No failure of MORTGAGEE to
exercise any option herein given to accelerate maturity of the debt hereby secured. no
forbearance by MORTGAGEE before or after the exercise of such options and no withdrawal
or abandonment of foreclosure proceedings by MORTGAGEE shall be taken or construed as a
waiver of its right to exercise such option or to accelerate maturity of the debt hereby secured
by reason ofa past. present. or future default on the part of MORTGAGOR.
14. The filing by or against MORTGAGOR or any guarantor of payment of the
indebtedness evidenced by said promissory note and secured by this mortgage, or a petition in
bankruptcy. or the insolvency of MORTGAGOR or any guarantor. or the making by
MORTGAGOR or any guarantor of an assignment of the benefit of creditors. of the filing of a
petition for relief under the bankruptcy laws, or the appointment of a receiver of a trustees for
MORTGAGOR or the property encumbered hereby shall constitute a default hereunder which
shall authorize the holder hereof, at its option. to immediately accelerate maturity of all
indebtedness secured hereby and exercise all remedies available to it hereunder.
15, MORTGAGOR hereby represents and warrants to the best of its knowledge and
belief that the location, operation and use of the property does not violate any applicable law.
statute, ord inance. ru Ie, regulat ion, order or determ ination of any governmental authority or
any restrictive covenant or deed restriction. zoning ordinance, or building code.
) 6, MORTGAGOR hereby represents and warrants to the best of its knowledge and
belief that the MORTGAGOR is nol in violation of or subject to any existing. pending. or
threatened investigation or inquiry by and governmental authority or to any remedial
obligations under any applicable regulations pertaining to health or the environment. including.
wilhoutlimitation. the Comprehensive Environmental Response. Compensation. and Liability
Act of 1980, as amended. and the Resource Conservation and Recovery Act of 1976,
17, The covenants. warranties, and agreements contained herein shall bind and inur!' to
the benefit of the heirs. executors, administrators, successors and assigns of the parties hereto.
18, MORTGAGEE. at its option, after giving notice 10 MORTGAGOR. may pay an:-
claim, lien, encumbrance, tax. assessment. and any amount so paid shall be added to the
principal indebtedness due under the Note,
) 9, This Mortgage shall be construed in accordance with the laws of the State of
Florida.
20. MORTGAGOR shall payor reimburse MORTGAGEE for all reasonable attorney's
fees, costs, and expenses incurred by MORTGAGEE in any action. proceeding. or dispute of
any kind in which Ihe MORTGAGEE is made a party. or appears as a party. affecting the Note,
4
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OR: 2268 PG: 2163
,
Mortgage. MORTGAGEE. or Mortgaged Property. including. but not limited to. the
foreclosure of this mortgage. and condemnation action involving the Mortgaged Property. or
any action to protect the security hereon.
21. I f all or any part of the property or an interest therein is sold or transferred by
MORTGAGOR without MORTGAGEE's prior written consent, including the creation of a lien
or encumbrance subordinate to the Mortgage. but excluding (a) the creation of a purchase
money security interest for household appliances. (b) a transfer by devise. descent or by
operation of law upon the death of a joint tenant or (c) the grant of any leasehold interest. of
three years or less not containing an option to purchase, MORTGAGEE may. at
MORTGAGEE'S option. declare all the sums secured by this Mortgage to be immediately due
and payable. MORTGAGEE shall have waived such obtain to accelerate if. prior to the sale or
transfer. MORTGAGEE and the person to whom the property is to be sold or transferred reach
agreement in writing that the credit of such person is satisfactory to MORTGAGEE and that
the interest payable on the sums secured by this MORTGAGEE shall be at such rate as
MORTGAGEE shall request.
22. All remedies provided in this mortgage are distinct and cumulative to any other
right or remedy under this mortgage or afforded by law or equity and may be exercised
concurrently, independently or successively.
23. MORTGAGEE shall give notice to MORTGAGOR prior to acceleration following
MORTGAGOR'S breach of any covenant or agreement in this Security Agreement. The notice
shall specify the default. the action required to cure the default, a date not less than 30 days
from the date the notice is given to MORTGAGOR by which the default must be cured (except
in the case of failure to carry insurance, in which event the time to cure shall be five business
days) and that failure to cure the default on or before the date specified in the notice may result
in acceleration of the sums secured by this Security Agreement. including foreclosure by
judicial proceeding and sale of the property. If the default is not cured on or before the dated
specified in the notice, MORTGAGEE. at its option, may require immediate payment in full of
all slims secured by this Security Agreement without further demand and may foreclose this
Securily Agreement.
24. MORTGAGOR shall pay all costs of releasing this Security Agreement.
TillS IS A BALLOON MORTGAGE AND TilE FINAL PRINCIPAL PA YMENT OR TilE
PRINCIPAL BALANCE DUE UPON MATURITY IS $ROO,OOO,OO TOGETHER WITH
ACCRUED INTEREST. IF ANY. AND ALL ADVANCEMENTS MADE BY TilE
MORTGAGEE UNDER THE TERMS OF TillS MORTGAGE.
III witness whereof. the said MORTGAGOR has executed
:;
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. OR: 2268 PG: 2164
.
and signed this mortgage the day and year first above written.
CONQUEST DEVELOPMENT. U.S.A.. LC
./, . a Florida limited liability company
V~i"-/rlihXl'?~"/) By:V-::'X~g.:.~7.,-~7
vWitness 1# I WAYNE H. HENUSET. as manager
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COUNTY OF (:,'Y / P (AU;f.lXi ~
The aforesaid instrument was acknowledged before me on this :2.:;' 'day of
~ember, 1996 by Wayne H. Henuset, as manager of Conquest ~velopment. U.S.A., LC. a
Jorida limited liability company, who is personally known to me or .....ha has p1odllced' ;1/:"
(type of identification) as identification.
.. ~ '- , 7/1: _ ( __
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, /. Notary Pu~ic ' I _ ,
V (SEAL) Print Nam~: . . II~.~,';~_~~:':~~~~ ~~(
My CommissIon EXpll'eSitJd Pr"'oIlf\C<l 01 A:;~,;a
CONQUEST DEVELOPMENT, U.S.A., LC
a Florida limited Iiabili
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. OR: 2268 PG: 2165
-
.
STATE OF ~J.AJ
COUNTY OF
The aforesaid instrument was acknowledged before me ?n this ~day of
December, 1996 by William E. Bridgett, as manager of Conquest Deve opment, U.S.A.. LC. a
Florida r it iability, com any. who is personally known to me or who has produced
type of identification) as identification.
(SEAL) r'" '-.--, _~
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OR: 2268 PG: 2166
EXHIBIT A
LEGAL DESCRIPTION FOR SILVER LAKES
AS OF 12/21/96
THE NORTH 220.00 FEET OF THE NORTH 1/2 OF THE NORTH 1/2
OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, LYING
EAST OF STATE ROAD 951, COLLIER COUNTY, FLORIDA,
AND
THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF
SECTION 10, TOWNSHIP 51, SOUTH RANGE 26 EAST, LYING
EAST OF STATE ROAD 951 AND THE SOUTH 1/2 OF THE
SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10,
TO\VNSHIP 51 SOUTH, RANGE 26 EAST AND THE SOUTHEAST
1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 51
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
LESS AND EXCEPTING THE FOLLOWING DESCRIBED
PROPERTY:
THA T \V ARRANTY DEED TRANSFERRING THE SE\VER
FACILITIES FOR SILVER LAKES PHASE T\VO -B AS CONVEYED
ON THAT WARRANTY DEED RECORDED IN O.R. BOOK 2255
PAGE 2074 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, AND
LOTS I THROUGH 32, BLOCK 3, SIVER LAKES PHASE ONE
ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 20,
PAGES 91 AND 92 IN THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA AND
LOTS 76 THROUGH 127, BLOCK 2 SILVER LAKES PHASE ONE,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 20, PAGES 91 AND 92 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, AND
PAGE I OF 2 PAGES OF TIllS LEGAL DESCRIPTION
U
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AND
LOTS 4, 14,15,16,17,18, 19,22,23,24,25 OF BLOCK 1 AND
LOTS 1,2, 7,8,9,10,11,12,13,14,15,16,17,18,19, 21,22,23,24,
25,26,27,28,29,30,31,32,33,34, 128, 129, 130, AND 131 OF BLOCK 2,
ALL IN SILVER LAKES PHASE HA, A SUBDIVISION
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 24, PAGES 54 & 55 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA. AND
LOTS 46, 47, 49, 50, 55,56,57,58,59,60,61,62,63,64, 69,72, 73 OF
BLOCK 2, AND LOTS 40,41,45,46,47,48,49, & 50 OF BLOCK 3,
SIL VER LAKES PHASE H B, A SUBDIVISION ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 25, PAGES
69 & 70 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
PAGE 2 OF 2 PAGES
,
Reta: 2135018 OR: 2268 PG: 2168
ISLAtD TITLI GVARAlTl AGllCl I RICOIDID ia the 01" n'COlDS of COLL!ll COUITY, 1L DC 111 33.00
. PICI UP 01/0"'7 at 12:;~! "1 I. BIOCI, CUll
ASSIGNMENT OF RENTS
. {) ~~
THIS ASSIGNMENT OF RENTS is dated this l day of ['),Y'- . 1996
between CONQUEST DEVELOPMENT U.S.A.. LC, a Florida limited liability
company, WAYNE H. HENUSET and WILLIAM E. BRIDGETT, whose address is
Ic."'r? I _c;L t t~< l.A~ { ~(!A.'I )t.t .1.,;1 m" t..J (referred to as "Grantor") and
. I
CITIZENS COMMUNITY BANK, whose address is P.O. Box 1999. Marco Island. FL
34146 (referred to as "Lender"),
For good and valuable consideration, the receipt of which is
acknowledged. GRANTOR assigns to LENDER all of Grantor's right. title and
interest in and to the rents from the following described real property located in
Collier County. Florida:
SEE EXHIBIT "An ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE
This Assignment is given to secure (I) payment of the indettedness and
, (2) performance of any and all obligations of Grantor under the Note, this
, assignment and related documents. The terms and conditions of this assignment
are as follows:
~ ' 1. PAYMENT/PERFORMANCE: Except as otherwise provided for herein,
Grantor shall pay to Lender all amounts secured by this Assignment as they
become due. and shall strictly perform all of Grantor's obligations hereunder,
:> Unless and until Lender exercises its right to collect rents as provided below and
~ so long as there is no default under this Assignment. Grantor may remain in
possession and control of and operate and manage the Property and collect
the Rents, provided the granting of the right to collect the Rents shall not
constitute Lender's consent to the use of cash collateral in a bankruptcy
proceeding,
For the purposes of this Agreement. "Rents" shall be defined as all rents,
revenues, incomes, issues. profits and proceeds from the Property, whether due
now or later. including. without limitation. any leases.
For the purposes of this Agreement. "Property" means the real property
described in Exhibit A referred to above.
2. REPRESENTATIONS AND WARRANTIES. Grantor warrants that Grantor is i
;
entitled to receive the Rents free and cleor of all rights. loans, liens,
encumbrances. and c1oims: has the h 'II power, right. and authority to enter into
this Assignment and to assign and convey the Rents to Lender: Grantor has not
previously asSIgned or conveyed the Rents to ony other person by any I
instrument now in force; Grantor will not sell. assign. transfer. encumber. or i
otherwise dispose to any of Grantor's rights in the Rents except as provided in
this Assignment.
I EXHIBIT C-l
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OR: 2268 PG: 2169
.
.
3. LENDER'S RIGHT TO COLLECT RENTS. Lender shall have the right at
any time. and even though no default st">oll have occurred under this
Assignment, to collect and receive the Rents. In conjunction therewith, Lender is
hereby given the following rights. powers and authority;
a. to send notices to any tenants advising them of this Assignment and
directing all Rents to be paid directly to the Lender;
b. to enter upon ond take possession of the Property and demand.
collect. and receive from the tenants for any other person liable therefor. all of
the Rents;
c. institute legal proceedings necessary for the protection of the Property
including without limitation proceedings to recover possession of the Property,
collect Rents and remove tenants;
d. enter upon the Property to maintain the Property and keep it in repair;
to pay the costs therefore and services of employees; and 011 costs of
maintaining the property including without limitation taxes, assessments, water
utilities and insurance premiums;
e. rent or lease the whole or any port of the Property on such conditions
os the Lender may deem appropriate;
f. engage such agents as the Lender may deem cppropriate
g. do all such other things and acts with respect to the Property as the
Lender may deem appropriate and may oct exclusively and solely in the place
and stead of Grantor and to hove 011 of the powers of Grantor for the purposes
stated above.
4. APPLlCA liON OF RENTS. All costs and expenses incurred by Lender in
connection with the Property sholl be for Grantor's account and Lender may
pay such costs and expenses from the Ren!s. Lender, in its sole discretion. shall
determine the application of any Rents received by it; any such ~ents which ore
not applied to such costs and expenses sholl be applied to the indebtedness of
Grantor to Lender, All expenditures made by Lender under this Assignment ond
not reimbursed from the Rents shall become a port of the indebtedness secured
by this Agreement and sholl be payable on demond, with interest at the Note
rate from the date of expenditure until paid,
5, DEfAULT. The following sholl be deemed a material default under this
Assignment:
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OR: 2268 PG: 2170
.
a. default in the Note which is secured by this Assignment (that
certain Note in the original principal amount of $800.000.00 dated December 20.
]996 between the parties hereto. which i~ incorporated herein by reference);
b. failure to comply with any term or condition of this Agreement
or related documents;
c. any false representation or warranty furnished to Lender by or
on behalf of Grantor;
d. commencement of foreclosure proceedings of any nature. by
any creditor of Grantor against the Property.
6. RIGHTS AND REMEDIES UPON DEFAULT: Upon any default. Lender moy
exercise anyone or more of the following rights and remedies. in addition to any
rights and remedies provided by law;
a. accelerate without notice to Grantor the entire indebtedness
immediately due and payable;
b. take possession of the Property and collect the Rents; Grantor t
irrevocably designates Lender its attorney-in-fact to endorse instruments
received in payment thereof in the name of Grantor and to negotiate the same
and collect the proceeds;
c. appoint a Receiver
7. A nORNEY'S FEES: Lender shall be entitled to collect reasonable
attorney's fees and court costs incurred in enforcing the terms and conditions of
, this agreement. including fees incurred on appeal.
~
J 8. MISCELLANEOUS: This instrument shall be construed in accordance
with the laws of the State of Florida. Grantor shall not enter into any agreement
. with the holder of any mortgage or other security agreement which has prio;ity
..", over this agreement. This Agreement shall be binding on the successors and/or
t t
assigns of the parties. Time is of the essence of all requirements of Grontor
hereunder. A waiver by any party of a provision of this Assignment shall not
constitute a waiver of or prejudice the party's right otherwise to demand strict
I performance hereof. No prior waiver by Lender nor course of dealing shall ,
constitute a waiver of any of Lender's rights hereunder, This Assignment.
together with any related documents. constitutes the entire understanding and
agreement of the parties as to the malters set forth herein and supersedes all
I other prior understandings and/or corrl:spondence with respect to the subject J
molter hereof, Should a court find any provision of this Agreement to be involid
or unenforceable as to any person or circumstance. said finding sholl not render
~,.) that provision invalid or unenforceable as to lmy other person or circumstonce.
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OR: 2268 PG: 2171
,
,
GRANTOR ACKNOWLEDGED HAVING READ THE FOREGOING PROVISIONS
OF THIS ASSIGNMENT OF RENTS AND AGREES TO ALL OF THE TERMS AND
CONDITIONS CONTAINED HEREIN.
Witnesses: Grantor:
Conquest Development U.S.A.. LC
a Florida limited liability company
By:
William E. Bridg
as manager
V ~ ~,. ~
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witness #2 as ta all Wayne H. Henuset. individually and
os manager
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Notary Public - ~::xr':;,,~-::r.I9. 19;3 I
~~'.:.Jr9
Print Name: .!
My commission e
~~~OF' ,;, ".' t'
~ / C0UNTYOF ( " " ,...
V The,foregoing instru was acknowledged before me on this ~
day of I. . 1996 by Wayne H. Henuset. individually and os
manager of Conquest Development U.S.A., L.C.. a Florida limited liability
company. who is personally known tei Me or-who provided ""
(type of identification) os identification,
h /,
~mY Pub;;c ' lI<~ J' :"
Print Nome: ~I:lta.)' r .
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V ~t 0..: ' i' '; ,~ 'r'. t I :' ;
~~n!trY of Canada NOTARY 'ACKNOWLEDGMENT FOR WAYNE H. HENUSET 1
fqregoing instrument as acknowledged befor" me this '.' -, 'day of
.. '\. iU~",b..-1996 by, to me :known to be the ~rson described in and
'BXtK:Qted the foregoing instrument and ~ho produced
I I I", Ll" ,'- ". " I (type of
" t, cat on), .acknowl~ed before me that they executed the
and wbo didrclid nOt;'talte an oath.
WITNESS my hand and officia seal in the County and State last
aforesaid this "".' day of f-.,,,", A.D. .!'/
/ ': I ". ,~/ " I , ' I, ,
tI..!SZAL) Pub1ic/Mar~ ~~S
My COaIIIIisson Expires: Notary Pu::,c I~ :1: c . r ~
IrI4I PrO'\llnCO 0/ A;~'I:.f
print ';lame LI~? J ";';?7
t~tle ,
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Ber a , any "II r.~" It eI A'ttrbl
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OR: 2268 PG: 2173
EXHIBIT A
LEGAL DESCRIPTION FOR SILVER LAKES
AS OF 12/21/96
THE NORTH 220.00 FEET OF THE NORTH 1/2 OF THE NORTH 1/2
OF SECTION 15, TO\VNSHIP 51 SOUTH, RANGE 26 EAST, L YI~G
EAST OF STATE ROAD 951. COLLIER COUNTY, FLORIDA.
AND
THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF
SECTION 10, TOWNSHIP 51, SOUTH RANGE 26 EAST, LYING
EAST OF STATE ROAD 951 AND THE SOUTH 1/20FTHE
SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10,
TO\VNSHIP 51 SOUTH, RANGE 26 EAST AND THE SOUTHEAST
1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 51
SOUTH, RANGE 26 EAST. COLLIER COUNTY. FLORIDA.
LESS AND EXCEPTING THE FOLLOWING DESCRIBED
ER1l1!ERTY:
THAT \V ARRANTY DEED TRANSFERRING THE SEWER
FACILITIES FOR SILVER LAKES PHASE T\VO -B AS CONVEYED
ON THAT WARRANTY DEED RECORDED IN O.R. BOOK 2255
PAGE 2074 OFTHE PUBLIC RECORDS OF COLLIER COUNTY.
FLORIDA. AND
LOTS 1 THROUGH 32, BLOCK 3, SIVER LAKES PHASE ONE
ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 20.
PAGES 91 AND 92 IN THE PllBLlC RECORDS OF COLLIER
COUNTY, FLORIDA AND
LOTS 76 THROUGH 127, BLOCK 2 SILVER LAKES PHASE Ol"E.
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 20, PAGES 91 AND 92 OF THE PlJBLlC RECORDS OF
COLLIER COUNTY, FLORIDA, AND
PAGE J OF 2 PAGES OF TillS I.EGAI. DESCRIPTIO:\
".,->1'';'''; l '. ~~ ':",,: "
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AND
LOTS 4,14,15,16,17,18, 19,22,23,24,25 OF BLOCK 1 AND
LOTS 1,2, 7,8,9,10,11,12,13,14,15,16, I 7,18,19,21,22,23,24,
j 25,26,27,28,29,30,31,32,33,34, 128, 129, 130, AND 131 OF BLOCK 2,
ALL IN SILVER LAKES PHASE HA, A SUBDIVISION
I
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 24, PAGES 54 & 55 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA. AND
LOTS 46, 47, 49, 50, 55, 56,57,58,59,60,61,62, 63, 64, 69, 72, 73 OF
BLOCK 2, AND LOTS 40,41,45,46,47,48,49, & 50 OF BLOCK 3,
SIL VER LAKES PHASE II B, A SUBDIVISION ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 25, PAGES
69 & 70 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA,
PAGE 2 OF 2 PAGES
-.
EXHIBIT D
) I 6 5 8 0 7 7 1992 DEe 3 I AM it): 18 I 7 8 , 0 0 I I 0 3
:g~L)5~~UNTY RECORDED OR BOOK PAGE
'RM ,:;;al~
'~T' n DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS
-I """C.
'~~ FOR
:!. ~3.dtJ -
SILVER LAKES RV RESORT & GOLF CLUB
: THIS DECLARATION is made this .30 f;!J day of December, 1992, by
~ CONQUEST DEVELOPMENT U.S.A., L.C., a Florida limited liability
25 company, hereinafter referred to as "Developer".
Cf)
Z
.u ~ BACKGROUND
1:-'
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5 oI:l"~ ~ WHEREAS, Developer is the Owner of certain real property
~ ~ ~ ~ located in Collier County, Florida, herein referred to as "the
-i;.,-l M Properties," and desires to create a residential community which
QO ~ co shall contain platted lots for recreational vehicles (RVs), common
1 cn"g ~ areas and recreation areas, known as SILVER LAKES RV RESORT & GOLF
1: ~ ~ ~ CLUB (hereinafter "SILVER LAKES"); and
'C::C rl
:!):J:~u...
~ _~ _ WHEREAS, Developer wishes to provide for the
~~w ~ preservation, protection and maintenance of the appearance, values
~ ~ ~ 'ci. and amenities of SILVER LAKES}; and
>-iCf)~CO
t-C::CMZ
WHEREAS, Developer desires to subject the real property
c; ft"'o described in Exhibit A to the terms, conditions, rights and
r- '\ obligations of this Declaration of Covenants, Conditions and
~ Restrictions for SILVER LAKES RV RESORT & GOLF CLUB, herein called
~ the "Declaration," and desires to create a not for profit
~ membership corporation, herein called the "Association," to be
o given the power and duty of maintaining and administer ing the
~ Common Areas and water and sewer treatment facilities and enforcing
>- this Declaration of Covenants, Conditions and Restrictions for
~ SILVER LAKES.
Cl
w
~ NOW THEREFORE, Developer hereby declares that all of the
fu properties in Exhibit A shall be held, sold and conveyed subject to
~ the following easements, restrictions, covenants and conditions,
which are for the_purpose of protecting the value and desirability
of, and which shall run with, the real property and be binding on
all parties having any right, title or interest in the properties
or any part thereof their heirs, successors and assigns, and shall
inure to the benefit of such Owners thereof.
ARTICLE I
DEFINITIONS
1.01 "Articles" or "Articles of Incorporation" means the
Articles of Incorporation of the Association, a copy of which 'is
attached hereto as Exhibit B.
QBNAP1\34955.
-
'78~ 001104
OR BOOK PAGE
1.02 "Association" shall mean and refer to SILVER LAKES
PROPERTY OWNERS ASSOCIATION OF COLLIER COUNTY, FLORIDA, INC., which
association shall be the homeowners' association for owners of lots
subject to this Declaration.
1.03 "Board of Directors" or "Board" shall mean and refer
to the representative body which is responsible for the
administration of the Association.
1.04 By-laws mean the By-Laws of the Association, a copy
of which is attached hereto as Exhibit C.
1. 05 "Common Areas" shall mean all real property to be
owned by or leased the to Association for the common use and
enjoyment of the Owners their agents, assigns, employees and
invitees. The Common Areas shall include the land which is subject
to this Declaration, less and excepting the Lots which have been
reserved by Developer for sale to Owners.
1.06 "Common Expenses" or "Common Assessments" means all
expenses and assessments which are properly incurred by the
Association, including but not limited to those items set forth in
Article IV.
1. 07 "Common Facilities" shall mean all of the
facili ties, equipment and personal property to be owned by or
leased to Association for the common use and enjoyment of the
Owners.
1.08 "Silver Lakes RV Resort & Golf Club" shall mean the
property described in Exhibit A together with all amendments
thereto.
1.09 "Developer" shall mean and refer to Conquest
Development U.S.A., L.C., a Florida limited liability company. It
shall not include any person or entity who purchases a Lot from
Conquest Development U.S.A., L.C., unless such purchaser is
specifically assigned some or all rights of Conquest Development
U.S.A., L.C. _
1.10 "Institutional Mortgagee" shall mean and refer to
the holder of the first mortgage against a Lot which holder is a
bank, savings and loan association, real estate or mortgage
investment trust, pension or profit sharing trust, the Federal
Housing Administration, the Veterans Administration, any agency of
the united States of America, or any other public or private
corporation engaged in the business of guaranteeing or insuring
residential first mortgage loans, and their successors and assign
or any entity recognized in the community as an institution.al
lender. The mortgage may be placed through and closed in the name
of a mortgage broker.
2
-
1784 oaf 105
OR BOOK PAGE
1.11 "Lot" shall mean and refer to any platted lot
subject to the Declaration.
1.12 "Member" shall mean and refer to all those Owners
who are members of the Association.
1.13 "Owner" shall mean and refer to the record Owner,
whether one or more persons or entities, of the fee simple title to
any Lot situated upon the Properties, but shall not mean or refer
to any mortgagee unless and until any such mortgagee has acquired
title pursuant to foreclosure or any proceeding in lieu of
foreclosure.
1,14 "Properties" or "Property" mean and refer to that
certain real property described In Exhibit A, and such additions
thereto as may hereafter be brought within the jurisdiction of the
Associations and submitted to this Declaration.
1.15 "Planned Unit Development Document" shall mean and
refer to the Planned Unit Development Document for Silver Lakes,
Ordinance Number 91-90, Collier County, and any and all amendments
thereto, which SILVER LAKES is a part of.
ARTICLE II
PROPERTY RIGHTS
2.01 Every Owner shall have a right and easement of
enjoyment in and to the Common Areas together with a non-exclusive
easement of ingress and egress over the private roadways and
sidewalks, which right and easement of enjoyment shall be
appurtenant to and shall pass with title to every Lot subject to
the following provisions:
A. The right of the Association to charge all Owners
common assessments for the upkeep, maintenance and repair
of the Common Areas and Cornmon Facilities.
B. The right of the Developer or the Association to
dedicate or to transfer or grant an easement or property
rights to all or any part of the Comon Areas to any
public agency, authority or utility for such purposes and
subject to such conditions as maybe required,
C. The right of the Association to promulgate, modify,
amend and enforce reasonable rules and regulations
relating to the use and enjoyment of the Cornmon Areas and
use of the Lots.
D. The right of the Developer or Association to grant
or reserve utility easements throughout the Properties as
may be required to adequately serve the Properties and/or
other properties or land owned by Developer.
3
1784 001 f06
OR BOOK PAGE
E. The right of the Developer or Association to grant
or reserve easements for ingress and egress and
rights-of-way for pedestrian and vehicular traffic over,
through, on and across all Comon Areas and upon all
sidewalks, paths, walkways, lanes and avenues, as may be
required to adequately serve the Properties and/or other
properties or land owned by Developer.
F. Any easements, restrictions, reservations or
conditions shown or to be shown on the various plats for
SILVER LAKES.
G, The right of the DEVELOPER (and, its agents,
customers and representatives) to the non-exclusive use
of the Common Areas without charge, for sales, display,
access, exhibit and ingress and egress purposes.
H. The right of the Developer to complete the
construction and installation of all planned
improvements.
2.02 Any Owner may delegate, in accordance with and
subject to the Articles, Bylaws and this Declaration, his right of
enjoyment to the Common Areas and facilities to the members of his
family, his tenants, invitees or contract purchasers who reside on
a Lot, subject to reasonable regulation by the Association,
provided, however, the same shall not, relieve the Owner of his
responsibilities under this .Declaration.
2.03 Upon recording of this DeClaration, the Developer
shall convey the legal and equitable title and ownership of the
Common Areas and Common Facilities to the Association and
thereafter the Association shall hold title to the Common Areas and
Common Facilities for the benefit of those persons entitled to use
the same under the provisions hereof. The conveyance of the Common
Areas and Common Facilities shall be subject to all easements,
restrictions, reservations and other matters of record, any
mortgage which the Developer has either executed or assumed.
Developer may mortgage the Common Areas to finance the original
development and construction thereof, Developer agrees to pay all
of said mortgages notwithstanding the transfer of title to the
Common Areas and Common Facilities.
2.04 There shall be no judicial partition of the Common
Areas, nor shall Developer, or any Owner or any other person
acquiring any interest in the Properties or any part thereof, seek
judicial partition thereof, However, nothing contained herein
shall be construed to prevent jUdicial partition of any Lot owned
in co-tenancy.
2.05 Within the easements for installation and
maintenance of utilities and any drainage facilities, no structure,
4
.
1784 001107
OR BOOK PAGE
planting or other material shall be placed or permitted to remain
which may damage or interfere with the installation and maintenance
of utilities, or which may damage, interfere with, or change the
direction of flow of drainage facilities in the easements.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS IN SILVER LAKE
PROPERTY OWNERS' ASSOCIATION OF COLLIER COUNTY, FLORIDA, INC.
3.01 Every person or entity who is a record fee simple
Owner of a platted Lot in SILVER LAKES, including Developer so long
as Developer owns any Lot subject to this Declaration, shall be a
member of the Association, provided that any such person or entity
who holds such interest only as security for the performance of an
obligation shall not be a member. Membership shall be appurtenant
to and may not be separated from ownership of any Lot. If any such
member is not a natural person, the subject entity shall designate
a natural person who shall be the "primary occupant II and such
natural person shall exercise the Lot's membership rights. When
any Lot is owned of record by two or more persons or other legal
entities, all such persons or entities shall be members, provided,
however, if all such members cannot agree among themselves how
their one vote shall be cast, that vote shall not be counted for
any purpose.
3.02 Membership in the Association shall consist of Class
A and Class B Members. Class A Members shall be all Owners of Lots
in SILVER LAKES, with the exception of the Developer so long as it
is a Class B Member. There shall be one (1) vote appurtenant to
each Lot owned by a Class A Member. When more than one person
holds an interest in any Lot, all such persons shall be Members and
the vote for such Lots shall be exercised as they among themselves
determine, but in no event shall more than one (1) vote be cast
with respect to any such Lot. There shall be one ( 1) Class B
Member, the Developer, or any person or entity who is assigned the
rights of Developer under the Declaration. The Class B Member
shall have four (4) votes for each Lot it owns. Class B membership
shall continue until all Lots have been sold by Developer or until
Developer elects _ to convert its Class B membership to Class A
Membership.
ARTICLE IV
COVENANTS FOR MAINTENANCE ASSESSMENTS
4.01 Each Owner of any Lot (by acceptance of a deed
therefor, whether or not it shall be so expressed in any such deed
or other conveyance), including any purchaser at a judicial sale,
shall hereafter be deemed to covenant and agree to pay to the
Association Common Assessments, and any special assessments to be
fixed, established and collected from time to time as hereinafter
provided, All such assessments, together with interest thereof
5
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from 30 days after the due date at the rate of eighteen percent
(18%) per annum, plus costs and reasonable attorney I s fees of
collecting such assessments, shall be a charge on the land and
shall be a continuing lien upon the Lot(s) against which each such
assessment is made, and shall also be. the personal obligation of
the Owner. No Owner may waive or otherwise escape liability for
the assessments provided for herein or non-use of the Common Areas
or by abandonment, or otherwise.
4.02 The common and special assessments levied by the
Association for payment of Common Expenses shall be used
exclusively to promote the recreation, health, safety and welfare
of the Owners of the Lots and, in particular, for the management,
maintenance, operation, repair and replacement of the Common Areas
and Common Facilities and for the management, maintenance,
operation, repair and replacement of those improvements on the Lot
for which the Association is responsible for maintenance and care,
including but not limited to the following:
a. Operation, maintenance, replacement and repair of
all streets, parking areas and sidewalks, to the extent
that such improvements are a part of the Common Areas;
b. Operation, maintenance, replacement and repair of
all landscaped areas, including lawns, shrubs, trees and
other plantings located on Common Areas, clubhouse and
attendant facilities;
c. Mowing of grass on individual Lots and on all Common
Areas;
d. Operation, maintenance, replacement and repair of
all Common Facilities which includes the golf course,
tennis courts, swimming pool, clubhouse and all
appurtenances thereto;
e. Operation, maintenance, replacement and repair of
all wetlands, lakes and vegetation areas designated as
Common Areas or as Surface Water Management Areas;
f. Operation, maintenance, replacement and repair of
water and sewage facilities, electrical lighting,
including street lighting, directional signage and other
necessary utility services located in the Common Areas;
g. Charges for refuse collection, cable TV, and other
utilities for Lots unless separately billed to Lots;
h, Operation, maintenance, replacement and repair of
all storm drains, drainage courses, drainage easements,
sprinkler systems and utility easements in all Common
Areas;
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i. The control of exotic vegetation and removal thereof
in all Common Areas;
j. Operation, maintenance, replacement and repair of
fences, signs and entry gates and related facilities that
are part of or appurtenant to improvements constructed on
the Common Areas, clubhouse and attendant facilities;
k. Hir ing management companies and the payment of
management fees and charges for the hiring of personnel;
1. Payment of ad valorem taxes and other tax or
assessment levied against the Common Areas;
m. Payment of all sales taxes and other taxes related
to the Association operations;
n. Procuring insurance with coverages and policy limits
as may be deemed necessary or advisable by the Board of
the Association, provided, however, the Board shall be
required to purchase standard hazard insurance and shall
be required to purchase such other insurance coverages as
may be required by any person or entity holding a
mortgage on the Common Areas or Common Facilities, which
coverages shall name the mortgagee as an additional
insured;
o. Acquisition of equipment for the Common Areas,
clubhouse and attendant facilities as may be determined
by the Board of the Association, including without
limitation, all equipment necessary or proper for use or
maintenance of the Common Areas, clubhouse, golf course,
tennis courts, and attendant facilities;
p. Acquisition of any other materials, supplies,
equipment, labor, professional services including
attorneys and accountants, management, supervision,
services, personnel, repairs or Insurance which shall be
necessary or proper in the opinion of the Board for the
operatiQn of the Common Areas and Common Facilities, for
the benefit of the Owners and for the betterment of the
Properties, or for the enforcement of these restrictions.
4.04 All regular and special assessments for the
Association shall be at a uniform rate for each Lot in the
Properties and shall be assessed against all Lots subject to this
Declaration,
4.05 By a vote of a majority of the Board of Directors of
the Association, the Association shall fix the regular assessments
as provided in the Bylaws. The Board shall set the date or dates
such assessments shall become due, Each Board may provide for
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collection of assessments annually or in monthly, quarterly or
semi-annual installments.
4.06 In addition to the regular assessments authorized
above, by vote of a majority of the Board of Directors of the
Association, the Board may levy special assessments for the purpose
of defraying, in whole or in part, the cost of any construction,
reconstruction, repair or replacement of any improvement, provided
that any such special assessments shall have the assent of the
Class B Member. In addition, the Board may levy special
assessments in the same manner as hereinabove described for the
purpose of defraying, in whole or in part, the cost of any unusual
or emergency matters making up any deficiency between regular
assessments and expenses.
4.07 Any assessment not paid within thirty (30) days
after the due date will bear interest from the due date at a
percentage rate of eighteen percent (18%) per annum. The
Association may enact a reasonable late charge fee for assessments
not paid by the due date. The Association for its assessments may
bring an action at law against the Owner personally obligated to
pay the same and/or foreclose the lien against the Lot, and
interest, costs and reasonable attorneys' fees of any such action
will be added to the amount of such assessment, Each Owner, by his
acceptance of a deed to a Lot, hereby expressly vests in the
Association the right and power to bring all actions against such
Owner personally for the collection of such assessments as a debt
and to enforce the aforesaid lien by all methods available for the
enforcement of such liens, including foreclosures by an action
brought in the name of the Association in a like manner as a
mortgage lien on real property, and such Owner hereby expressly
grants to the Association a power of sale in connection with said
lien. The lien provided for in this section shall be in favor of
the Association and shall be for the benefit of all Lot Owners.
The Association, acting on behalf of the Owners, shall have the
power to bid for an interest foreclosed at such foreclosure sale
and to acquire and hold, lease, mortgage and convey the same. No
Owner may waive or otherwise avoid liability for the assessments
provided for herein by non-use of the Common Areas or abandonment
of his Lot,
4.08 By a majority vote of the Board of Directors of the
Association, the Board shall adopt an estimated operating budget
which shall provide for allocation of expenses in such a manner
that the obligations imposed by this Declaration will be met.
Regular assessments shall be based upon the projections and
estimates contained in the budget. The Board may increase or
decrease the assessments based upon actual revenue and expenses.
4.09 The Treasurer of the .Association, or such other
person as may be authorized by the Association; upon demand of any
Owner liable for an assessment, shall furnish to said Owner a
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certificate in writing signed by a director, setting forth whether
such assessment has been paid. Such certificate shall be
conclusive evidence of payment of any assessment therein stated to
have been paid.
4.10 In the event the Common Areas are taxed separately
from Lots, the Association owning or leasing such area shall
include such taxes as part of the common assessments. In the event
the Common Areas are taxed as a component of the value of the Lot
owned by each Owner, it shall be the obligation of each owner to
promptly pay such taxes prior to their becoming a lien on the Lot.
4.11 The Association may levy special assessments against
selected Owners who have caused the Association to incur special
expenses due to willful or negligent acts of said Owners, their
guests or agents. All such special assessments shall be collected
upon demand by the Association.
4.12 The Board of Directors of the Association shall,
within 60 days after the end of each fiscal year, cause to be
prepared an annual balance sheet and operating statement reflecting
income and expenditures of the Association for the previous fiscal
year, and shall cause a copy thereof to be distributed to each
member, and to each first mortgagee which has filed a written
request for copies of the same with the Board of Directors.
4.13 No action shall be brought to foreclose any
assessment lien herein, unless a Notice of Claim of Lien is
deposited in the United States mail, postage prepaid, to the Owner
of the Lot, and a copy thereof has been recorded by the Association
in the office of the Clerk of the Circuit Court of Collier County,
Florida.
4.14 Notwithstanding any provision of this Declaration or
the Association's Articles of Incorporation or Bylaws to the
contrary, the Developer shall not be obligated for, nor subject to,
any annual or special assessment for any Lot which it may own,
provided Developer has elected to guarantee for any fiscal year
that the assessment for common expenses imposed upon Lot Owners
other than Developer would not increase over a stated dollar
amount. Said election shall be made by Developer not later than
sixty (60) days after the commencement of the fiscal year. If the
Developer elects to guarantee the Association's assessments, the
Developer shall fund any shortages if expenses incurred exceed
assessments collected and shall be entitled to retain any surplus
if assessments collected exceed expenses.
4.15 The assessment lien set forth herein may be
foreclosed in the same manner as mortgages are foreclosed under
Florida law. The Association, through its duly authorized agent$,
shall have the power to bid on any Lot at a foreclosure sale, and
to acquire and hold, lease, mortgage and convey the same.
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4.16 The assessment liens and the right to foreclosure
and sale thereunder shall be in addition to, and not in
substitution for, all other rights and remedies which the
Association and its successors and assigns may have hereunder and
by law, including a suit to recover a money jUdgment for unpaid
assessments, as above provided.
4.17 The lien securing the assessments provided for
herein shall be subordinate to the lien of any first mortgage
(meaning any recorded mortgage with first priority or seniority
over all other mortgages) made in good faith and for value and
recorded prior to the date on which a Notice of Claim, pursuant to
such lien, is recorded. The sale or transfer of any Lot shall not
affect the assessment lien and no sale or transfer shall relieve
such new Lot Owner from liability for any unpaid assessments or
from the lien thereof or from assessments for a prorated share of
the unpaid costs coming due before such date if such unpaid costs
are reallocated as a common expense. However, the sale or transfer
of any Lot pursuant to the foreclosure shall extinguish the lien of
such assessments as to installments which became due prior to such
sale or transfer.
ARTICLE V
. USE OF PROPERTY AND RESTRICTIONS
5.01 In order to maintain the Property as a desirable
place for all Owners, the following protective covenants and
restrictions are made a part of this Declaration:
a. All Lots shall be used for residential purposes in
accordance with the PUD document as it may be amended and
no business or occupation of any type or kind shall be
conducted, on or from any Lot within the subdivision,
except that Developer may designate certain Lots for
storage or other use in Developer's sole discretion,
including use as sales or model centers and/or laundry
facilities.
b. All RV Lots are restricted to use by one (1)
trailer, motorhome, fifth wheel, mini-motorhome or Park
Model (Resort Home) hooked up to utilities. No Park
MOdel (Resort Home) shall be placed on a Lot unless such
Park Model (Resort Horne) was purchased from the Developer
or its designee. RVs must be modern, commercially
manufactured and presentable in looks and repair and
positioned on the Lot's concrete pad. All RVs are
subject to the approval and disapproval of the Board in
its sole discretion. Excluded, among others, are mobile
homes (as defined by the Florida Department of
Transportation, Bureau of Motor VehiCles), tents, tru.ck
campers, foldout campers and any RVs not equipped for
full utility hookups to water, sewer and electrical
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systems. No storage of additional trailers, motorhomes,
fifth wheels, mini-motorhomes or Park Models (Resort
Homes) is allowed on a Lot. No storage of boats, boat
trailers , utility trailers or automobile trailers is
allowed on a Lot. Additional parking on the Lot is
restricted to two currently licensed automobiles or other
licensed vehicles, not excluded above, which shall be
parked on the concrete pad or driveway. The parking
and/or storage of bicycles, golf carts, minibikes and
motorcycles may be restricted by the rules and
regulations of the Association.
c. Aluminum carports, screen rooms and Florida rooms
which include storage rooms are allowed on Park Models
(Resort Homes) only, provided necessary County permits
and written approval from the Board (in the Board's sole
discretion) has been obtained and provided that such
items have been purchased through the Developer or its
designee. Free standing storage buildings are allowed
only on Lots that do not have permanently installed Park
Models (Resort Homes), provided necessary County permits
and written approval from the Board (in the Board's sole
discretion) have been obtained and provided that the
storage building has been purchased from the Developer or
its designee.
d. Except for Park models (Resort Homes) purchased
through the Developer or its designee, no Park Model may
be installed on a Lot. Trailers, motorhomes, fifth
wheels and mini-motorhomes may be permanently anchored,
but skirting, free-standing air conditioning and heating
equipment, storage rooms, screen rooms and Florida rows
may not be installed on these RVs. Trailers, motorhomes,
fifth wheels and mini-motorhomes may have portable,
removable, temporary screen rooms or awnings, provided
such accessories shall be stored or removed when RV is to
be left unoccupied longer than 24 hours, unless such
temporary awnings or enclosures are securely anchored and
approved by the Board.
e. No improvements or additions to a Lot, including
without limitation any building, fence, wall, statue,
storage shed, screen enclosure, awning, spa, hot tub or
pool, shall be erected, placed or maintained, unless and
until the plans and specifications therefore have been
submi tted to and approved by the Board in its sole
discretion.
f. The exterior use and/or storage of refrigerators,
freezers, LP gas bottles over forty (40) pounds, boats,
boat equipment, trailer vehicle parts, or any other items
not deemed compatible to the Lots and surroundings are
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prohibited. This prohibition includes storage of any
item of any type beneath an RV, Additionally, no part of
the RV with attachments thereto and/or the transportation
vehicle shall be parked so as to extend beyond any of the
Lot lines, tipout and pullouts included. The easements
for public utilities shall not be blocked or impaired.
No vehicle maintenance may be performed upon the Lot or
Common Areas except in areas which are designated by the
Board for that purpose.
g, Flower gardens are permitted and shall be placed
where they will not interfere with lawn mowing
responsibilities of the Association, The location of all
flower gardens and other planting including trees must be
approved by the Board of the Association before
installation. The Board may disapprove such plantings
for any reason, including aesthetics. A minimum space of
five feet must be maintained between any plantings and
structures or planted areas to allow clearance for lawn
mowing equipment.
h. No fences or walls shall be permitted on any Lot.
Nothing in this paragraph, however, shall be construed so
as to disallow the building of a perimeter fence by the
Developer, or privacy fences in recreation areas adjacent
to Lots.
i. No outside satellite receptor dishes or devices,
television or radio antennas, or any other type of
electronic device for the transmission or reception of
electronic signals shall be allowed without the prior
approval of the Board, except those commercially
manufactured and installed as part of an RV.
j. Except for moving of Lots, grass and landscaping
including trees must be maintained by the Lot Owner in
good living condition, free of weeds and fertilized,
provided, however, that the Board shall have the right to
maintain and/or replace any grass and landscaping
therefo~e. All Lot Owners are required to keep their
Lots edged and. the grass trimmed along the edges of
concrete walks, driveways, decks and carports and around
yard lights, utility boxes and connectors and around all
landscaping, including trees, flower beds and shrubbery,
so that all grass on the Lot is of uniform height. The
Association shall have the right to edge or trim any Lot
and assess the Lot Owner the cost thereof if in the
opinion of the Board the Lot is not being maintained
according to sUbdivision standards.
k. All Lot Owners shall be required to keep their
electricity to their lot turned on year round so that the
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sprinkler system and the yard light on the Lot are
operative all twelve months of the year. This
requirement shall apply notwithstanding that the Lot is
not occupied,
1. It shall be the responsibility of each Lot Owner to
prevent the development of any unclean, unsightly, or
unkept condition on his Lot which shall tend to
substantially decrease the beauty of the neighborhood as
a whole or the specif ic area. Owners of Lots are
responsible for their guests, renters and invitees.
m. No noxious or offensive activity shall be carried on
upon any Lot, nor shall anything be done thereon tending
to cause embarrassment, discomfort, annoyance or nuisance
to the neighbors. There shall not be maintained any
plants, poultry, animals (other than household pets) or
device or thing of any sort whose normal existence or
activities is in any way noxious, dangerous, unsightly,
unpleasant or of a nature as may diminish or destroy the
enjoyment of other property in the neighborhood by the
Owners thereof.
n. The use of each Lot wi thin the subdivision and
related recreational and common areas shall be subject to
the rules and regulations as may be adopted and
implemented by the Board from time to time which shall be
applied on a uniform basis to all Lots located within the
subdivision.
o. No Lot shall be subdivided or its boundary lines
changed except with the written consent of the Board.
p. Lot Owners are responsible for keeping the exterior
appearance of their RV or Park Model (Resort Home) or
other structures or appurtenances in a well maintained
and clean condition.
q. Lot Owners are responsible for notifying the Board
in writing of any changes in Lot ownership, which notice
shall specify the name and address of any new Lot Owners.
r. Household pets, limi ted to dogs, cats, birds or
fish, are allowed. Any other type of pet is not allowed,
unless prior written approval of the Board is obtained,
Pet owners must practice good pet control, Each pet must
be registered with the Board on forms provided by the
Board. Each pet must be licensed and inoculated in
accordance with applicable laws and rules. Each pet is
to be kept within the Lot Owner's RV except when the Lot
Owner has the pet on a leash and is walking the pet. Any
pet running loose in the park is a nuisance and may be
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impounded at the pet owner's expense. Pets are not
allowed in any Common Area building or any recreational
area at any time, with the exception of seeing-eye dogs,
Any excretion left by a pet outdoors must be picked up
immediately and disposed of in a sanitary manner by the
person walking the pet. A pet which causes any
disturbance, annoyance or harm, such as barking,
growling, howling, biting or any other undesirable noise
which annoys or causes harm to a neighbor is a nuisance,
subject to written complaint. If a resident files a
written complaint with the Board to the effect that any
of these pet rules have been violated, and the Board
determines that a violation has or is occurring, the
Board shall serve the Lot Owner in writing to either
correct the violation or to dispose of the pet. If,
after a second written complaint, the Board determines
that the violation is continuing or that there is another
violation of the same nature, the pet will be deemed to
have endangered the life, health, safety or well-being of
residents and is forever barred from SILVER LAKES. The
Lot Owner shall remove the pet from SILVER LAKES within
two (2) weeks. only two (2) pets allowed per Lot. Pets
kept in an aquarium, such as fish, are excluded from
these rules.
s. No more than six (6) persons shall occupy the Lot
for periods in excess of forty-eight (48) hours,
t. No signs of any kind shall be displayed without the
written consent of the Board. This specifically includes
"For Sale," "For Rent," and similar signs. This
paragraph does not apply to the Developer.
u. No outside toilets or showers are permitted on any
Lot.
v. No commercial activity of any kind whatsoever shall
be conducted on or from any Lot. The foregoing
restriction shall not, however, prevent the Developer
from designating from time to time certain areas or Lots
for commercial use.
w. Discharge of air pistols, rifles, firearms or
fireworks in the Property is prohibited.
x. The Board has the right to approve all boats to be
used on any lakes. Only small boats such as rowboats,
canoes and paddle boats or small sailboats are allowed.
Gasoline motors are not allowed. Electric motors that do
not make an objectionable ,noise are allowed, provided
they have received prior Board approval. No windsurfers
are allowed.
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y. No portion of a Lot (other than an entire Lot) may
be rented. All leases of Lots shall be on forms approved
by the Board and shall provide that the Board shall have
the right to terminate the lease upon default by the
tenant in observing any of the provisions of this
Declaration, the Articles of Incorporation and Bylaws of
the Association, applicable rules and regulations, or
other applicable provisions of any agreement, document or
instrument governing the Lot. The leasing of Lots shall
also be subject to the prior written approval of the
Board. All Lot Owners will be jointly and severally
liable with their tenants to the Board for any amount
which is required by the Board to effect such repairs or
to pay any claim for injury or damage to property caused
by the negligence of the tenant.
z. The rights of access and use established with respect
to SILVER LAKES and the Lots and Common Areas contained
therein shall be subject to security checks and
restrictions, Security personnel shall have the right to
stop and question persons and to require satisfactory
evidence of any such. person's right to be where such
person is stopped. Persons not establishing that right
to the satisfaction of the security personnel may be
required to leave (even if such person actually has the
right to be where stopped, but is unable to prove such
right satisfactorily).
aa, Owners and guests must be registered upon arrival
and departure for security control.
bb. Recreational facilities are for the sole use of
residents and their guests. Hours of use and rules for
use shall be posted.
cc. Speed limits will be posted.
dd. The period of time from 10:00 p.m. to 7:00 a.m. each
day shall be observed as the quiet hours.
ee. Alcoholic beverages are not permitted in any Common
Area, except for special events with the prior approval
of the Board.
ff. No permanent clotheslines, mailboxes, radio and/or
television antennas shall be permitted on any Lot except
one umbrella type clothesline which must be removed when
not being used for the purpose for which it is intended.
gg, Time share estates are prohibited.
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hh. No garbage or trash receptacles shall be placed
outside of the recreational vehicle unless in an area
approved by the Board and hidden from view,
ii. Motorcycles, minibikes, mopeds and golf carts may
not be used in SILVER LAKES in such a way as to create a
nuisance or disturbance. In the event of a reported
abuse, the .Board may prohibit the use of any such
vehicle.
5.02 Developer will undertake the work of constructing
Lots and improvements. The completion of that work and the sale,
rental and other disposal of Lots is essential to the establishment
and welfare of SILVER LAKES. Therefore, the Developer shall be
exempt from such of the above restrictions in its use of the
Properties as is reasonably necessary or advisable to permit it to
develop, rent or sell Lots and homes thereon, including the using
of Lots or the clubhouse for a rental office, sales models,
entertainment, promotions, etc,
5.03 In the event the Board determines that a Lot or
structure is not being maintained according to subdivision
standards, the Board may perform such maintenance and assess the
Lot Owner for the cost thereof, which assessment shall be secured
by a lien on the Lot.
ARTICLE VI
WATER AND SEWER
6.01 No individual well will be permitted on any Lot.
Central sewer and water facilities developed by Collier County are
available to the Properties for use by Lot Owners and the
Association shall be responsible for all expenses as provided in
Article IV.
ARTICLE VII
MAINTENANCE. REPAIRS AND REPLACEMENTS
7. 01 Re~ponsibility for and expenses for the maintenance,
repairs and replacements of the improvements located within Silver
Lakes shall be as follows:
a. Owners, Except as otherwise provided herein, each
Lot and the improvements thereon, including yard
landscaping, RV, Park Model (Resort Home), concrete pad
and yard light, shall be maintained by the Owner in a
clean and sightly condition and in good repair. Owners
shall maintain, replace and repair at Owner's expense
concrete pads and driveways and utility facilities
located on the Lot which serve only that Lot, including
wiring, piping and other mechanical or electrical
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equipment. All maintenance, repairs and/or replacements
for which Lot Owners are responsible and obligated to
perform, which, if not performed or omitted, would affect
other Lots, shall be performed promptly as the need
arises, and if such Owner(s) fails to promptly perform
these, the Association shall have the right to perform
these obligations and to assess such Owner(s) for the
charges therefor. The cost of any such work performed by
the Association shall be secured by a lien upon the Lot
in which the work was performed.
b. The Association. The Association shall be
responsible for maintaining, repairing, replacing and
keeping in clean and orderly condition all of the Common
Areas and Common Facilities and shall be responsible for
mowing individual Lots.
ARTICLE XIII
EASEMENTS FOR MAINTENANCE,
CONSTRUCTION AND REPAIR
8,01 The Developer hereby reserves unto itself, its
agents, employees, invitees and assigns, and for the benefit of the
Association, and the Association's agents, employees, invitees and
assigns, a non-exclusive easement for ingress and egress over any
Lot located in the Properties in order to gain access to the Common
Areas for the Association to discharge its duties to construct,
maintain and repair the Common Areas and for the purpose of
maintaining the Properties by the Association in a manner
consistent with the Association's maintenance obligations of the
Common Areas or rights provided herein.
8.02 The Developer reserves for itself and its designee
(so long as Developer or said designee owns a Lot in the
Properties), without joinder or consent of any person or entity
whatsoever, the right to create and/or grant such additional
easements for drainage, utilities, construction or repair or to
relocate any easement in any portion of the Property as the
Developer shall deem necessary or desirable for the proper
development, operation and maintenance of the Properties, or any
portion thereof, provided that such additional easements or the
relocation of existing easements will not prevent or unreasonably
interfere with the use of any Lot for permitted purposes.
ARTICLE IX
LAKES AND OTHER SURFACE
WATER MANAGEMENT AREAS
9.01 The Association shall be responsible for the
maintenance of the surface water management area and system in
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SILVER LAKES, which area shall be a common area to be deeded to the
Association.
a. No structure of any kind (including docks) shall be
constructed or erected, nor shall an Owner or the
Association in any way change, alter, impede, revise or
otherwise interfere with the flow. and the volume of
water, in any portion of any water management area,
including but not limited to lakes, ponds, swales,
drainage ways or areas intended for the accumulation of
run-off waters, without the written permission of
Developer and any appropriate governmental agency.
b. No Owner or Association shall unreasonably deny or
prevent ingress and egress to water management areas for
maintenance, repair or landscaping purposes by Developer,
the Association or any appropriate governmental agency
that may reasonably require any right of ingress and
egress, and easements therefore are hereby specifically
reserved and created.
c. No Lot shall be increased in size by filling in any
lake, pond or other water retention or drainage areas
which it abuts without the written permission of
Developer and any appropriate governmental agency.
Owners or the Association shall not fill~ dike, rip-rap,
block, divert or change the established water retention
and drainage areas that have been or may be created
without the prior written consent of Developer and any
appropriate governmental agency.
d. All surface water management systems within SILVER
LAKES, excluding those areas (if any) normally maintained
by Collier County, will be the ultimate responsibility of
the Association, The Association may enter any Lot or
Common Area and make whatever improvements or repairs are
deemed necessary to restore proper water management. The
cost shall be an expense of the Association.
e. Nothing in this section shall be construed to allow
construction of any new water management facility or
alteration of water management systems without first
obtaining the necessary permits from all governmental
regulatory agencies having jurisdiction.
f. Notwithstanding anything in this Declaration to the
contrary, any amendment which would affect the surface
water management system, including the water management
portions of the common areas, must have the approval of
the South Florida Water Management District.
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ARTICLE X
CONSERVATION AREA
10.01 The Conservation Area designated on the plat of
SILVER LAKES shall be a Common area to be deeded to the
Association. The Conservation Area may not be altered from its
natural state, other than the easements as shown on the Plat. No
activities detrimental to drainage, flood control, water
conservation, erosion control or fish and wildlife habitat
conservation or preservation may be conducted in such area,
including but not limited to construction or the placing of a
building on or above ground; dumping or placing of soils or other
substances such as trash; destruction of trees, shrubs or other
vegetation; dredging or removal of soil material or diking. This
restriction, however, shall not prohibit Developer from
constructing a perimeter fence for the Conservation Area if
approved by the appropriate governmental agency,
ARTICLE XI
LEASES FOR CONCESSIONAIRES
AND VENDORS
11.01 The Association shall have the power and
authori ty to lease portions of the Clubhouse or other common
property to concessionaires or vendors for the purpose of supplying
goods and services to SILVER LAKES provided, however, that any such
lease shall require the consent of Developer so long as Developer
owns any Lots subject to this Declaration. All revenues received
by the Association shall be used to offset Common Expenses.
ARTICLE XII
GOLF COURSE
12.01 The golf course designated on the Plat of
SILVER LAKES shall be a Common Area to be deeded to the
Association. The Association shall manage, control, maintain and
operate the golf course, its amenities and its use. The
Association shall~ake such charges for use of the golf course as
it deems appropriate. All revenues received by the Association
from the operation of the golf course shall be used to offset the
Common Expenses. The Association shall establish rules and
regulations for the use of the golf course by the Owners and their
guests. Such rules and regulations shall set out the procedures
for establishing starting times, guest privileges, and all other
matters normally associated with a private golf course.
19
178~ 001122
OR BOOK PAGE
ARTICLE XIII
GENERAL PROVISIONS
13.01 The covenants and restrictions of this
Declaration shall run with and bind the Properties, and shall inure
to the benefit of and be enforceable by the Developer, the
Association or the Owner of any property enforceable by the
Developer, the Association subject to this Declaration, their
respective legal representatives, heirs, successors and assigns,
for a term of twenty-one (21) years from the date of this
Declaration is recorded, after which time said covenants and
restrictions shall automatically be extended for successive periods
of ten (10) years unless an instrument signed by the then Owners of
two-thirds (2/3) of the Lots subject to this Declaration has been
recorded, agreeing to change or terminate said covenants and
restrictions in whole or in part. Violation or breach of any
conditions, covenants or restrictions herein contained shall give
the Developer and/or Association and/or Owner(s), in addition to
all other remedies, the right to proceed at law or in equity to
compel a compliance with the terms of said conditions, covenants or
restrictions and to prevent or remedy the violation or breach of
any of them, and the expense of such litigation shall be borne by
the then Owner or Owners of the subject property, provided such
proceeding results in a finding that such Owner was in violation of
said covenants or restrictions. Expenses of litigation shall
include reasonable attorneys' fees incurred by Developer and/or the
Association in seeking such enforcement. All such expenses shall
be secured by a lien on the Owner's Lot,
13.02 Any notices required to be sent to any member
or Owner under the provision of this Declaration shall be deemed to
have been properly sent when mailed, post paid, to the last known
address of the person who appears as a member or Owner on the
records of the Association at the time of such mailing.
13.03 Invalidation of anyone or more of these
covenants and restrictions by judgment or court order shall in no
way affect any other provisions which shall remain in full force
and effect.
13.04 This Declaration may be amended at any time
with the consent of Owners holding not less than two-thirds (2/3)
of the voting interest of the membership.
13.05 So long as the Developer owns any portion of
the Properties, Developer shall have the exclusive right to
maintain a sales center, model homes or signs on the Properties to
identify Lots Developer may have for sale in the Properties.
Developer shall also have the right for so long as Developer owns
any portion of the Properties to maintain a sales center erected by
20
1784 - 001 123
OR BOOK PAGE
the Developer on the Common Areas without payment of compensation
to the Association for any such use.
13.06 Developer intends on adding to the Properties,
including the Common Areas, Common Facilities and Lots covered by
this Declaration, accordingly, notwithstanding anything contained
herein to the contrary, Developer may from time to time bring other
land under the provisions of this Declaration by amending this
Declaration (which shall not require the consent of then existing
Owners, the Association or its mortgagees) . Nothing in this
Declaration shall, however, obligate Developer to add to the
initial portion of the Properties or to develop future portions of
SILVER LAKES under a common scheme, nor to prohibit Developer from
development plans with respect to such future rezoning and changing
the portions, All Owners, by acceptance of a deed to or other
conveyance of their Lots, thereby automatically consent to any such
rezoning, change, addition or deletion thereafter made by the
Developer and shall evidence such consent in writing if requested
to do so by the Developer at any time (provided, however, that the
refusal to give such written consent shall not obviate the general
effect of this provision).
13.07 Notwi thstanding anything contained herein or in
the Articles of Incorporation or Bylaws of the Association to the
contrary, if Developer decides to add future phases of SILVER LAKES
to this Declaration, Developer may exercise voting rights in the
Association for each proposed platted lot to be added to the
Declaration without liability for assessments until such time as
the formal amendment to the Declaration is recorded. The voting
rights for each proposed lot shall be the same as for other platted
Lots owned by the Developer and covered by this Declaration. At
such time as a formal amendment to the Declaration is recorded
adding additional property, the voting rights for each additional
lot shall be as provided in Articles III and IV herein.
13.08 The construction and purchase of all proposed
amenities, facilities and equipment for SILVER LAKES may not be
complete at such time as this Declaration is recorded. If not,
upon completion or purchase of said amenities, facilities and
equipment, they will be transferred to the Association for their
management and maintenance.
13.09 Developer may operate for profit areas adjacent
to or within the Properties for storage of recreational vehicles
and nothing contained herein shall prohibit Developer from so
doing.
13.10 Whenever the singular use is used it shall
include the plural and the singular, and the use of any gender
shall include all genders.
21
178' - 001124
OR BOOK PAGE
13.11 This Declaration shall become effective upon
its recording in the Public Records of Collier County, Florida.
IN WITNESS WHEREOF, the Developer has caused these
presents to be executed as of this r:?o day of D Eccm(!) e~ ,
19~.
Witnesses to both:
(~') / /7 CONQUEST DEVELOPMENT U, S . A., L. C. ,
;; /4(/ ) / l/ ,; ~,t;/J '\.. a Florida limited lia~;i~ity company
'" u. i C-I,I ,4' /i:/JLl -'- , . . ,-- . .-
CI-/c .l2.fL VANDUYN " /'/'~' /' {
. ~ By: - "
(b, a'ger, Wi/ /
. ,/"h/ _, -.., <?/7.-::.
~ WARO By../. :// <. "..' _~,,qf
.Manager, Wayne H. Henuset
STATE OF FLORIDA
COUNTY OF COLLIER
I HEREBY CERTIFY that on this day before me, an officer
duly qualified to take acknowledgments, personally appeared William
E. Bridgett and Wayne H. Henuset, as Managers of Conquest
Development U.S.A., L.C., a Florida limited liability company, who
are personally known to me, and who did not take an oath.
~~
Notary Public
(SEAL) My Commission Expires:
(Q.!<r\ SlJ"ZANNE HOWARD
}:i MY COMMISSiON #I CC 1.S5l89
.. ",-Y E."(l'IRES: October 28, 1.995
.,:;1' lIando.l nn. ~ I'tltSic L~
6
31042
22
-
.
/ 78,. - 001/25
OR BOOK PAGE
EXHIBIT A
SILVER LAKES PHASE ONE
LEGAL DESCRIPTION
A PORTION OF THE SOUTH ONE-HALF OF THE SOUTH ONE-HALF OF SECTION 10. TOWNSHIP
51 SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA, MORE PARTlCL-'LLARL Y DESCRIBED
AS FOLLOWS:
COMMENCE A T THE SOUTHEAST CORNER OF SECTlON 10, TOWNSHIP 51 SOUTH. RANGE 26
EAST. COLLIER COUNTY, FLORIDA AND RUN N8920'37W FOR 2737.42 FEET TO THE SOUTH
QUARTER CORNER OF SAID SECTION 10; THENCE RUN N8979'10"W FOR 1240.18 FEET TO
THE EAST RIGHT-OF-WAY UNE OF CR-951 (ISLES OF CAPRI ROAD); THENCE RUN
N0228'J7"E ALONG THE EAST RIGHT-OF-WA Y LINE OF SAID CR-951 FOR 110.04 FEET
TO THE POINT OF BEGINNING; THENCE CONTINUE N0228'37"E FOR 887.96 FEET; THENCE
RUN S8877'01"E FOR 344.55 FEET; THENCE RUN S01'42'18"W FOR 104.38 FEET TO A
POINT OF CUSP 'MTH A CURVE: CONCA VF TO THE NORTHEAST.' THENCE RUN 17.00 FEET
ALONG THE ARC OF SAID CURVE: HA VlNG A RADIUS OF 25.00 FEET, A CENTRAL ANGLE
OF 38'57'25". A CHORD OF 16.67 FEET AND A CHORD BEARING OF S68'49'00"E TO A
POINT OF CUSP; THENCE RUN S04"28'59"E FOR 60.35 FEET TO A POINT OF CUSP OF A
CURVE: CONCA 'IE: TO THE SOUTHEAST; THENCE. RUN 19.47 FEET ALONG THE ARC OF
SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 44'36'51", A
CHORD OF 18.98 FEET AND A CHORD BEARING OF S6923'53"W TO A POINT OF CUSP;
THENCE RUN S42'54'32"E FOR 98.J4 FEET TO A POINT OF CUSP OF A CURVE CONCAVE
TO THE SOUTHEAST; THENCE RUN 19.47 FEET ALONG THE ARC OF SAID CURVE HA VlNG A
RADIUS OF 25.00 FEET. A CENTRAL ANGLE OF 44:36'50", A CHORD OF 18,98 FEET AND
A CHORD BEARING OF N5923'5J"E TO A POINT OF TANGENCY; THENCE RUN S8877'42"E
FOR 557.74 FEET TO A POINT OF CUR VA 7VRE OF A CURVE CONCA 'IE: TO THE SOUTHWEST;
THENCE RUN '9.48 FEET ALONG ARC OF SAID CURVE HA VlNG A RADIUS OF 50.00 'FEET,
A CENTRAL ANGLE OF 1835'52", A CHORD OF 19.J9 FEET AND A CHORD BEARING OF
S78'59'40'"E TO A POINT OF TANGENCY; THENCE RUN S59'41'50"E FOR 710.94 FEET;
THENCE RUN SJ4i 7'52"E FOR 225.12 FEET.' THENCE RUN S2J"47'49"W FOR 197.37
FEET,' n-IENCE RUN S0776'3,"W FOR 7J.50 FEET; THENCE RUN S11"25'5,"E FOR 61.J7
FEET.' THENCE RUN SOO'40'50"W FOR 90.00 FEET; THENCE RUN N89i9'70"W FOR
744.14 FEET; THENCE RUN N8920'06"W FOR 452.43 FEET TO THE POINT OF BEGINNING,
CONTAINING 19.39 ACRES MORE OR LESS.
j.
31042
23
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d:l.;:
~ Articles of Incorporation of SILVER LAKES PROPERTY OWNE;RS ~
~ ASSOCIATION OF COLLIER COUNTY, INC., a corporation organized ~
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24 EXHIBIT B
--
~ 178~ 001127
-
OR BOOK PAGE
FILED
ARTICLES OF INCORPORATION
?2 OCT -9 AM /0: 03
OF .._~
_:>:i..RET ARY OF ST A F
SILVER LAKES PROPERTY OWNERS ASSOCIATION OF COLLIER cdun~~~Snf.~fLORiG\
The undersigned subscriber to these Articles of Incorporation,
a natural person competent to contract, hereby voluntarily
associates himself for the purpose of forming a corporation not for
profit under Chapter 617, Florida statutes.
ARTICLE I
NAME:
The name of the corporation iE SILVER LAKES PROPERTY OWNERS
ASSOCIATION OF COLLIER COUNTY, INC. For convenience, the
corporation shall be referred to in this instrument as
"Association."
ARTICLE II
PURPOSE:
This corporation is organized to establish a residential
homeowners' association of the owners of Lots in the subdivision
known as SILVER LAKES RV RESORT & GOLF CLUB (hereafter "SILVER
LAKES" ) in Naples, Collier County, Florida, (the "Subdivision") as
it may exist or be expanded from time to time. This organization
shall have the following specific purposes:
1. To provide for the maintenance of such areas and
structures as may be placed under the jurisdiction of this
Association.
2. To promote the health, safety and welfare of the
residents within SILVER LAKES.
-
3. The purpose of this corporation will not include or
permit pecuniary gain or profit nor distribution of its income to
its members, officers or directors.
ARTICLE III
POWERS:
This Association shall have and exercise all rights and powers
conferred upon corporations under the laws of the state of Florida
consistent with these Articles and the Declaration of Covenants,
Conditions and Restrictions for SILVER LAKES REV RESORT & GOLF
CLUB, and as amended as may be recorded from time to time in the
Public Records of Collier County, Florida, (the "Declaration").
25
-
178~ _ 001128
OR BOOK PAGE
.,
This corporation shall also have all of the powers and authority
reasonably necessary or appropriate to the operation and regulation
of a residential subdivision subject to the Declaration, as it may
from time to time be amended, including but not limited to the
following:
(a) To exercise all the powers and privileges and to perform
all the duties and obligations of the Association as defined in the
Declaration.
(b) To fix, levy, collect and enforce payment by any lawful
means, all charges or assessments and assessment liens pursuant to
the terms of the Declaration, to pay all expenses in connection
therewith and all office and other expenses incident to conduct of
the business of the corporation, including all licenses, taxes or
governmental charges levied or imposed against the property of the
Association.
(c) To enforce the terms and provisions of the Declaration
and any and all other covenants, conditions, restrictions and
agreements available to the subdivision known as SILVER LAKES RV
RESORT & GOLF CLUB.
(d) To pay taxes, if any, on the Common Areas and facilities.
(e) To acquire (by gift, purchase or otherwise), own, hold,
improve, build upon, operate, maintain, convey, sell, lease,
transfer, dedicate for public use or otherwise, dispose of real or
personal property in connection with the affairs of the
Association.
(f) To dedicate, sell or transfer all or any part of the
Common Areas, if any, to any public agency, authority, or utility
for such purposes and subject such conditions as may be agreed to
by the members.
(g) To borrow money, and with the assent of three-fourths
(3/4) of the voting members, to mortgage, pledge, deed in trust, or
hypothecate any or all of its real or personal property as security
for money borrowed or debts incurred.
(h) To participate in mergers and consolidations with other
non-profit corporations organized for the same purpose, provided
that any such merger or consolidation or annexation shall have the
assent of three-fourths (3/4) of the voting members.
(i) To make and amend reasonable regulations respecting the
use of Common Areas, provided, however, that all such regulations
and their amendments shall not be in conflict with any provision of
the Declaration.
26
I
-
178~ - 001129
OR BOOK PAGE
"
(j) To operate and maintain any surface water management
system as permitted by the South Florida Water Management District,
including any and all lakes, retention areas, culverts and related
appurtenances.
(k) Subject always to the Declaration, to have and to
exercise any and all powers, rights and privileges which a
corporation organized under the Non-Profit corporation Law of the
State of Florida by law may now or hereafter have or exercise.
ARTICLE IV
MEMBERSHIP:
The Association shall have two (2) classes of membership.
Class A Me~bership. Class A Members shall be all Owners of
Lots in silver Lakes, with the exception of the Developer, so long
as it is a Class B Member. Said Class A Membership shall be
appurtenant to ownership of each Lot (as said term is defined in
the Declaration) and shall not be separable from the ownership of
any Lot.
Class B Membership. Developer, or any person or entity who is
assigned the rights of the Developer under the Declaration, shall
be the sole Class B Member of the Association. Class B Membership
shall continue until all Lots have been sold by Developer or until
Developer elects to convert its Class B Membership to Class A
Membership.
ARTICLE V
VOTING:
Voting by Members in the affairs of the Association shall be
as follows:
(a) Number of Votes.
-
( i) Each Class A Member shall be entitled to one
(1) vote for each Lot of which such Member is the Owner.
(ii) The Class B Member shall be entitled to four
votes for each Lot it owns.
ARTICLE VI
BOARD OF DIRECTORS:
The affairs of this corporation shall be managed by a Board of
Directors, who need not be members of this corporation. The
27
I
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I 784 - o 0 I 130
OR BOOK PAGE
initial Board shall consist of three (3) Directors. The number of
Directors may be increased by the By-Laws of this corporation, but
shall never be less than three (3) Directors. The names and
addresses of the persons who are to act in the capacity of
Directors until the selection of their successors are:
NAME ADDRESS
William E. Bridgett 1381 Quintana Court
Marco Island, Florida 33937
Wayne H. Henuset 32 Lake Sincoe Green
Calgary, Alberta T2J 5RT
Sandra L. Bridgett 1381 Quintana Court
Marco Island, Florida 33937
The Directors may, by By-Law, fix the term of office for all
Directors. However, unless contrary provisions are made by By-Law,
each Director's term of office shall be for one (1) year, but all
Directors shall continue in office until their successors are duly
elected and installed. There shall be held at each annual meeting,
of this corporation an election of Board Members as more
particularly set out in the By-Laws. However, Directors, if
re-elected, may serve successive annual terms without limitation.
A majority of the Directors currently serving as such
shall constitute a quorum., Except as herein otherwise specified,
the decision of a majority of the Directors present at a meeting at
which a quorum is present shall be required and shall be sufficient
to authorize any action on behalf of the corporation. Each
Director shall be entitled to one (1 ) vote on every matter
presented to the Board of Directors.
Any meeting of the members or of the Board of Directors of the
corporation may be held within or without the State of Florida.
-
ARTICLE VII
OFFICERS:
The affairs of this Association shall be administered by a
President, Vice President, Secretary and Treasurer. The officers
shall be elected by the Board of Directors at its first meeting
following the annual meeting of the members of the Association and
shall serve at the pleasure of the Board of Directors. The names
and addresses of the officers who shall serve until their
successors are designated by the Board of Directors are as follows:
28
1784 - 00 I 13 I
OR BOOK PAGE
OFFICE NAME ADDRESS
President William E. Bridgett 1381 Quintana Court
Marco Island, Florida 33937
Vice Sandra L. Bridgett 1381 Quintana Court
President Marco Island, Florida 33937
Secretary Sandra L. Bridgett 1381 Quintana Court
Marco Island, Florida 33937
Treasurer Wayne H. Henuset 32 Lake Sincoe Green
Calgary, Alberta T2J 5RT
ARTICLE VIII
DISSOLUTION:
This Association may be dissolved with the assent given in
writing and signed by not less than three-fourths (3/4) of the
voting interest of the membership. Upon dissolution of this
Association, other than incident to a merger or consolidation, its
assets, both real and personal, including the surface water
management system, shall be dedicated or conveyed to an appropriate
public agency to be used for purposes similar to those for which
this corporation was formed. In the event there is a refusal to
accept such dedication, then such assets shall be granted, conveyed
and assigned to any non-profit corporation, association, trust or
other organization which is devoted to purposes similar to those of
this corporation.
ARTICLE IX
BY-LAWS:
The first By-Laws of this corporation shall be adopted by the
Board of Directors and may be altered, amended or rescinded in the
manner provided by the By-Laws. -
ARTICLE X
DURATION:
This corporation shall have perpetual existence.
ARTICLE XI
AMENDMENTS:
Amendments to these Articles shall be proposed by the Board of
Directors and adopted by a majority of the voting interests of the
J
29
1784 - 001132
., OR BOOK PA ~~
members of the Corporation at any annual or special meeting ca1T~
for that purpose, provided that the full text of any proposed
amendment shall be included in the notice of such special meeting
and provided further that the voting requirements specified for any
action under any provision of these Articles shall apply also to
any amendment of such provision, and no amendment shall be
effective to impair or dilute the rights of members that are
governed by the Declaration.
ARTICLE XII
SUBSCRIBERS:
The name and address of the subscribing incorporator of these
Articles of Incorporation is:
NAME ADDRESS
William E. Bridgett 1381 Quintana Court
Marco Island, Florida 33937
ARTICLE XIII
INDEMNIFICATION:
Every Director and every officer of the Association shall be
indemnified by the Association against all expenses and
liabilities, including counsel fees, reasonably incurred by or
imposed upon him in connection with any proceeding, or any
settlement of any proceeding to which he may be a part or in which
he may become involved by reason of his being or having, been a
Director or officer of the Association, whether or not that person
is a Director or officer at the time such expenses are incurred,
except when the Director or officer is adjudged guilty of willful
misfeasance or malfeasance in the performance of that person's
duties; provided that in the event of a settlement the
indemnification 'shall apply only when the Board of Dkectors
approves such settlement. The foregoing right of indemnification
shall be in addition to and not exclusive of all other rights to
which such Director or officer may be entitled.
ARTICLE XIV
ADDRESS:
The address of the principal office and the mailing address of
the corporation is 1381 Quintana Court, Marco Island, Florida
33937.
30
I
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178~ - 001133
OR BOOK PAGE
"
ARTICLE XV
REGISTERED OFFICE:
The address of the corporation's initial registered office is:
1381 Quintana Court
Marco Island, Florida 33937
The name of the corporation's initial registered agent at the
above address is:
William E. Bridgett
IN WITNESS WHEREOF, for the purpose of forming this
corporation under the laws of the State of Florida, I, the
undersigned, constituting the sUbscribing incorporator
of this corporations have, executed these Articles of Incorporation
this 6th day of October, 1992.
SUBSCRIBER: \~
~
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this
6th day of October, 1992.
( SEAL)
My Expires:
~ SUZANNEHOWARD
s.€ i:,i MY COV"\{,iSS1ON 1/ cc 1SS189
~ r.~~i EXPIRES: October28,l995
II.....'. &.oded nn. N.Jbry Public: l.IIwIenmtenI
31
/
-
.
1784 - 001134
OR BOOK PAGE
ACCEPTANCE OF REGISTERED AGENT
Having been named to accept services of process for SILVER
LAKES PROPERTY OWNERS ASSOCIATION OF COLLIER COUNTY, INC. at the
place designated in the Articles of Incorporation, WILLIAM E.
BRIDGETT agrees to act in this capacity, and agrees to comply with
the provisions of Section 48.091 relative to keeping I open such
office.
BY~~
Wil ~a . Bri, e
Date: October 6, 1992
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J78~ - 001135
OR BOOK PAGE
BY-LAWS OF
SILVER LAKES PROPERTY OWNERS ASSOCIATION OF COLLIER COUNTY, INC.
ARTICLE I
IDENTIFYING DATA
Section 1. Name of Association. The name of this corporation
shall be SILVER LAKES PROPERTY OWNERS ASSOCIATION OF COLLIER
COUNTY, INC., and hereinafter the corporation shall be referred to
as the "Association."
Section 2. Address of Association. The principal office of
the Association shall ultimately be at the development known as
SILVER LAKES RV RESORT & GOLF CLUB of Naples, Collier County,
Florida (the "Subdivision") . Until facilities are available at
that address, the Association will have its principal office at
1381 Quintana Court, Marco Island, Florida 33937,
ARTICLE II
TERMS AND MEANINGS
The terms used herein shall have the meanings as defined in
the Declaration of Covenants, Conditions and Restrictions for
SILVER LAKES RV RESORT & GOLF CLUB (the "Declaration") as they may
exist and be amended from time to time, and as recorded in the
Public Records of Collier County, Florida.
ARTICLE III
MEETINGS OF MEMBERSHIP
Section 1. Location. All meetings of the Association, unless
otherwise provided for in the notice of such meetings, will take
place at the office of the Association or at the SUbdivision.
Section 2. Annual Meetinqs.
A. The first regular annual meeting of the membership shall
be held at a time designated by the First Board of Directors which
time shall be during the twelfth (12th) month after the sale of the
first Lot subject to the jurisdiction and powers of this
Association.
B. Thereafter the regular annual meetings shall be held at
a date, time and place to be set by the Board of Directors, but not
more than twelve (12) months after the previous annual meeting.
C. At the annual meeting, except as heretofore set forth and
as otherwise provided in the Articles of Incorporation, a Board of
33 EXHIBIT C
1784 - 001136
OR BOOK PAGE
Directors shall be elected which shall also be known as the Board
of Administration, and such other business shall be transacted as
may properly come before the meeting.
D. Written notice of the annual meeting and a copy of the
proposed next year's budget shall be served upon or mailed by the
Secretary to each member entitled to vote thereon, at such address
as appears on the books of the corporation at least thirty (30)
days prior to the meeting. Unless a member waives in writing the
right to receive such notice, the Post Office certificate of
mailing shall be retained as proof of mailing the notice.
E. Order of Business. The order of business at the annual
members' meeting and as far as practical of other meetings, shall
be:
1) Call to order by temporary Chairman.
2) Election of Chairman at meeting.
3) Calling of roll and certifying of proxies.
4) Proof of Notice of Meeting or Waiver of Notice.
5) Reading and Disposal of any unapproved Minutes.
6) Reports of Officers.
7) Reports of Committees.
8) Election of Inspectors of Election.
9) Determination of number of Directors.
10) Election of Directors.
11) Unfinished Business.
12) New Business.
13) Adjournment.
Section 3. Membership List. At least thirty (30) days before
every election of Directors, a complete list of members entitled to
vote at said election, arranged numerically by Lot number shall be
prepared by the Secretary.
Section 4. Special Meetings.
A. Special meetings of the members, for any purpose or
purposes, unless otherwise prescribed by statute or by the Articles
of Incorporation, may be called by the President and shall be
called by the President or Secretary, at the request in writing of
a majority of the Board of Directors, or at the request in writing
of ten (10) members. Such requests shall state the purpose or
purposes of the proposed meeting.
B. Written notice of a special meeting of members stating
the time, place and object thereof shall be served upon and mailed
to each member entitled to vote thereon, at such address as appears
on the books of the corporation, at least fourteen (14) days before
such meeting.
34
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1784 - 001137
OR BOOK PAGE
C. Business transacted at all special meetings shall be
confined to the subject stated in the notice thereof.
Section 5. Riqht to Vote and Proxies. At any meeting of the
members, every member having the right to vote shall be entitled to
vote in person or by proxy. Such proxies shall only be valid for
such meeting or subsequent adjourned meeting thereof, unless the
proxy states expressly to the contrary. No member may vote by
general proxy, but may vote by limited proxy. Limited proxies and
general proxies may be used to establish a quorum. Limited proxies
may also be used for votes taken to amend the Articles of
Incorporation, the By-Laws, or for any matter that requires or
permits a vote of the members. Any proxy shall be effective only
for the specific meeting for which originally given and any
lawfully adjourned meetings thereof. A proxy is not valid for a
period longer than 90 days after the date of the first meeting for
which it was given. A proxy is revocable at any time at the
pleasure of the member who executes it.
Section 6. Quorum. A majority of the votes of the entire
membership, entitled to be cast, whether present in person or by
written proxy shall constitute a quorum at all meetings of the
members for the transaction of business, except as otherwise
provided by the statutes, by the Articles of Incorporation, or by
these By-Laws. If, however, such quorum shall not be present or
represented at any meeting of the members, the members entitled to
vote thereat, present in person or represented by written proxy,
shall have power to adjourn the meeting from time to time without
notice other than announcement at the meeting until a quorum shall
be present or represented. At such adjourned meeting at which a
quorum shall be present or represented, any business may be
transacted which might have been transacted at the meeting
originally called.
Section 7. Vote Required to Transact Business. When a quorum
is present at any meeting, a majority vote of the votes entitled to
be cast at that meeting shall decide any question brought before
the meeting unless the question is one upon which a def ini te
percentage of the vote is required by express provision of the
statutes, the Articles of Incorporation or these By-Laws, in which
case such expressed provision shall govern and control the decision
of such question.
Section 8. Waiver and Consent. Whenever the vote of members
at a meeting is required or permitted by any provision of the
statutes, the Articles of Incorporation, or these By-Laws, to be
taken in connection with any action of the Association, the meeting
and vote of members may be dispensed with if all members who would
have been entitled to vote if such meeting were held, shall consent
in writing to such action being taken.
35
"
I 7 8 ~ - 001138
OR BOOK PAGE
Section 9. parliamentarv Rules. Roberts' Rules of Order
(latest edition) shall govern the conduct of Association meetings
when not in conflict with the Articles of Incorporation or these
By-Laws,
Section 10. Suspension of Riqhts. The membership rights
(including voting rights) of any member may be suspended by action
of the Board of Directors of the Association if such member shall
have failed to pay when due any assessment or charge lawfully
imposed upon him or any property owned by him within SILVER LAKES
or if the member, his family, his tenants, or guest thereof, shall
have violated any term or provision of the Declaration.
ARTICLE IV
MEMBERS OF THE BOARD OF DIRECTORS
Section 1. Members. The affairs of this corporation shall be
managed by a Board of Directors whose members need not be members
of this corporation.
Section 2. Number. The number of Directors which shall
constitute the entire Board of Administration shall not be less
than three (3), nor more than nine (9). Until changed by majority
vote at a duly called annual meeting of the members, the number of
Directors shall be three (3) .
Section 3. Term. The term of the Directors shall be for the
period from the date of their election or appointment until their
successors have been elected at the next annual meeting.
Section 4. First Board of Directors. The first Board of
Directors, as set out in the Articles of Incorporation, shall hold
office and exercise all powers of the Board of Directors until the
first election, anything herein to the contrary notwithstanding.
Any or all of said Directors shall be subject to replacement by the
remaining Directors in the event of resignation or death.
Section 5. Subseauent Members of Board of Directors. Members
of the Board of Directors shall be elected annually at the annual
meeting by a majority vote of the votes entitled to be cast at that
meeting.
Section 6. Election of Directors. Election of Directors shall
be conducted in the following manner:
(a) Election of Directors shall be held at the annual
members' meeting.
(b) A nominating committee of three (3) members shall pe
appointed by the Board of Directors not less than thirty (30) days
prior to the annual members' meeting. The committee shall nominate
36
-
1784 _ 001139
OR BOOK PAGE
one (1) person for each Director then serving. Nominations for
additional Directorships created at the meeting, shall be made from
the floor, and other nominations may be made from the floor.
(c) The election shall be by ballot (unless dispensed by
unanimous consent) and by a plurality of the votes cast, each
person voting being entitled to cast his votes for each of as many
nominees as there are vacancies to be filled. There shall be no
cumulative voting.
(d) Except as to vacancies provided by removal of
Directors by members, vacancies in the Board of Directors occurring
between annual meetings of members shall be filled by the remaining
Directors.
(e) Any Director may be removed by concurrence of a
majority of the votes of the entire membership at a special meeting
of the members called for that purpose. The vacancy in the Board
of Directors so created shall be filled by the members of the
Association at the same meeting.
Section 7. Vacancy and Removal. If, except as hereinafter
provided through removal by a vote of the members, the office of
any Director or Directors becomes vacant by reason of death,
resignation, retirement, disqualification or otherwise, a successor
or successors shall be chosen at a special meeting of the remaining
Directors through majority vote provided no less than a quorum is
present at the meeting. The successor or successors so chosen
shall hold office for the unexpired term of the Director or
Directors being replaced.
Section 8. Removal. The original Directors, or any Director
appointed to fill a vacancy arising prior to the first meeting as
hereinabove set forth, shall not be capable of being removed by
vote of the membership. After the initial election of Directors by
the membership, Directors may be removed with or without cause by
an affirmative vote of a majority vote of the members. No Director
shall continue to serve on the Board if, except as heretofore set
forth, during the term of office the director's membership in the
Association shall be terminated for any reason whatsoever.
Section 9. Salaries or Fees. The salaries or fees, if any, to
be paid to Directors, shall be determined by a majority vote of the
members at the general membership meetings. There will be no
salaries or fees paid to the Directors prior to the Lot Owners,
other than the Developer, constituting the majority of the
Directors.
Section 10. Powers. The property and business of the
corporation shall be managed by the Board of Directors, which m~y
exercise all corporate powers specifically set out in the Articles
of Incorporation, controlling Florida Statutes, these By-Laws, or
37
I 7, 8 ,. _ 0 0 I I 4 0
OR BOOK PAGE
the Declaration which powers may be delegated to its agents,
contractors or employees, subj ect only to approval by the Lot
Owners when that is specifically required.
Section 11. Meetinqs of Board of Directors.
A. The annual meeting of each Board of Directors newly
elected by the members shall be held immediately upon adjournment
of the meeting at which they were elected, provided a quorum shall
then be present, or as soon thereafter as may be practical. The
annual meeting of the Board of Directors shall be held at the same
place as the general members' meeting and shall be open to all Lot
Owners.
B. Special meetings of the Board of Directors shall be
held whenever called by the President or a majority of the Board of
Directors. The meetings shall be open to all Lot Owners.
C. A majority of the Board of Directors shall be
necessary and sufficient at all meetings to constitute a quorum for
the transaction of any business.
D. Adiourned Meetings, If at any meeting of the Board
of Directors there be less than a quorum present, the majority of
those present may adjourn the meeting from time to time until a
quorum is present. At any adjourned meeting any business that
might have been transacted at the meeting as originally called may
be transacted without further notice.
E. Joinder in Meetinq bv ADDroval of Minutes. The
joinder of a Director in the action of a meeting by signing and
concurring in the Minutes of that meeting shall constitute the
presence of that Director for the purpose of determining a quorum.
F. presidinq Officer. The Presiding Officer of
Directors meetings shall be the Chairman of the Board if such an
officer has been elected; and if none, the President shall preside.
In the absence of the presiding officer, the Directors present
shall designate one of their number to preside.
G. The order of business at all meetings of the Board
of Directors shall be as follows:
1) Roll call.
2) Reading of Minutes of the last meeting.
3) Consideration of Communications.
4) Resignations and elections.
5) Reports of Officers and Employees.
6) Reports of Committees.
7) Unfinished business.
8) Original resolutions and new business.
9) Adjournment.
38
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.
178~ - 001141
OR BOOK PAGE
H. The Minutes of all meetings shall be kept in a book
available for inspection by Lot Owners or authorized
representatives and Board members at any reasonable time. The
Association shall retain these Minutes for a period of not less
than seven (7) years.
I. Notices of meetings of the Board of Directors shall
be posted in a conspicuous place on the association property at
least 48 hours in advance, except in an emergency. Notice of any
meeting in which assessments against parcels are to be established
shall specifically contain a statement that assessments shall be
considered and a statement of the nature of such assessments.
Section 12. Financial statement. The Board of Directors
shall, no less often than annually, present a full and clear
statement of the business condition of the Association, including
a report of the operating expenses of the Association, the
assessments paid by each member and the budget for the next year.
Notice and copies of the budget shall be furnished to the members
as provided for in the By-Laws.
ARTICLE V
OFFICERS
Section 1. Executive Officers. The executive officers of this
corporation shall be a Pres ident , Vice President, Secretary and
Treasurer, all of whom shall be elected annually by said Board of
Directors. Any two (2) of said offices may be united in one (1)
person except that the President shall not also be the Secretary,
or an Assistant Secretary of the corporation. If the Board of
Directors so determines, there may be more than one (1) Vice
President.
Section 2. Subordinate Officers. The Board of Directors may
appoint such other officers and agents as they may deem necessary,
who shall hold office at the pleasure of the Board of Directors and
have such authority and perform such duties as from time to time
may be prescribed by said Board.
Section 3. Tenure of Officers: Remova I . All officers and
agents shall be subject to removal, with or without cause at
anytime by action of the Board of Directors. The Board of
Directors may delegate powers of removal of subordinate officers
and agents to any officer.
Section 4. President.
A. The President shall preside at all meetings of the
members and Directors; shall have general and active management pf
the business of the corporation; and shall see that all orders and
resolutions of the Board of Directors are carried into effect.
39
1784 - 001142
OR BOOK PAGE
B. The President shall have general superintendence and
direction of all the other officers of the corporation and shall
see that their duties are performed properly.
c. The President shall submit a report of the
operation$ of the corporation for the fiscal year to the Directors
whenever called for by them and to the members at the annual
meeting, and from time to time shall report to the Board of
Directors all matters within the President's knowledge which the
interest of the corporation may be required to be brought to their
notice; and
D. The President shall be an ex officio member of all
of the committees and shall have the general powers and duties of
supervision and management usually vested in the office of the
President of a corporation.
Section 5. Vice President. The Vice President shall be vested
with all the powers and required to perform all the duties of the
President in the absence of the President, and such other duties as
may be prescribed by the Board of Directors.
Section 6. Secretary.
A. The Secretary shall keep the Minutes of the meetings
of the members and of the Board of Directors.
B. The Secretary shall see that all notices are duly
given in accordance with the provisions of these By-Laws or as
required by law.
c. The Secretary shall be custodian of the corporate
records and of the seal of the corporation and shall see that the
seal of the corporation is affixed to all documents, the execution
of which on behalf of the corporation under its seal is duly
authorized in accordance with the provisions of these By-Laws.
D. The Secretary shall keep the register of the Post
Office addresses of each Lot Owner which shall be furnished to the
Secretary by such Lot Owner.
E. In general the Secretary shall perform all duties
incident to the office of Secretary and such other duties as from
time to time may be assigned by the President or by the Board of
Directors.
Section 7, Treasurer.
A. The Treasurer shall keep full, accurate accounts of
receipts and disbursements, all books belonging to the corporatipn
and shall deposit all monies and other valuable effects in the name
40
-
r784 - 001143
OR BOOK PAGE
and to the credit of the corporation in such depositories as may be
designated by the Board of Directors.
B. The Treasurer shall disburse the funds of the
corporation as ordered by the Board, get proper vouchers for such
disbursements, shall render to the President and Directors at the
regular meeting of the Board or whenever they may require an
account of all transactions as Treasurer and of the financial
condition of the corporation.
c. The Treasurer may be required to give the
corporation a bond in the sum and with one (1) or more sureties
satisfactory to the Board, for the faithful performance of the
Treasurer's duties and the restoration to the corporation, in the
case of death, resignation or removal from office, of all books,
papers, vouchers, money or other property of whatever kind in the
possession of the Treasurer which belong to the corporation.
Section 8. Vacancies. If the office of the President, Vice
President, Secretary or Treasurer, one (1) or more, becomes vacant
by reason of death, resignation, disqualification or otherwise, the
remaining Directors by a majority vote of the whole Board of
Directors provided for in these By-Laws may choose a SUccessor or
successors who shall hold office for the unexpired term.
Section 9. Resiqnations. Any Director or other officer may
resign from office at any time, such resignation to be made in
writing, and to take effect from the time of its receipt by the
corporation, unless some time be fixed in the resignation, and then
from that date; provided that the acceptance of a resignation shall
be required to make it effective.
Section 10. Salaries Fees. The salaries or fees, if any, to
be paid to officers shall be determined by the Directors and
subject to approval by a majority of the members.
ARTICLE VI
FINANCES
Section 1. Fiscal Year. The fiscal year shall be the calendar
year.
Section 2. Budqet. The Board of Directors shall adopt a
budget for each calendar year that shall include the estimated
funds required to defray common expenses and to provide and
maintain funds for capital improvement for such things as paved
areas, painting and any landscaping, all in accordance with good
accounting practices.
41
.
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'78 4 001'44
OR BOOK PAGE
Section 3. Assessments. Assessments against the Lot Owners
for their shares of the items of the budget shall be made by the
Board of Directors for the calendar year annually in advance on or
before December 1st preceding the year for which the assessments
are made.
ARTICLE VII
SEAL
The seal of the corporation shall have inscribed thereon the
name of the corporation, the year of its organization and the words
"non profit." Said seal may be used by causing it or a facsimile
thereof to be impressed, affixed, drawn, reproduced or otherwise.
ARTICLE VIII
NOTICES
Section l. Notice. Whenever, under the provisions of the
statutes, the Articles of Incorporation or these By-Laws, notice is
required to be given to any Director or member, it shall be
construed to mean either personal notice, or notice given in
writing by mail by depositing the same in the Post Office or letter
box in a postpaid envelope addressed to such Director or member as
the name appears on the books of the corporation.
Section 2. Waiver of Notice. Whenever any notice is required
to be given under the provisions of the statutes, the Articles of
Incorporation, or these By-Laws, a waiver thereof in writing signed
by the person or persons entitled to such notice, whether before or
after the time stated therein, shall be deemed to be equivalent to
the required notice. .
ARTICLE IX
Whenever the masculine singular form of the pronoun is used in
these By-Laws, it shall be construed to mean the masculine,
feminine or neuter; singular or plural, whenever the context so
requires.
ARTICLE X
AMENDMENTS
These By-Laws may only be altered, amended or added to in
accordance with the following terms, conditions and procedures:
42
-
'78~ - 00"45
OR 800K PAGE
A. Notice of the proposed amendment shall be included in the
notice of any meeting at which a proposed amendment is to be
considered.
B. A resolution adopting a proposed amendment may be
proposed by either the Board of Directors of the Association or by
the members of the Association. Directors and members not present
in person or by proxy at the meeting considering the amendment may
express their approval in writing providing that approval is
delivered to the Secretary at or prior to the meeting. Except as
elsewhere provided, the approvals must be either by:
a. All of the members of the Board of Directors and by
not less than two-thirds (2/3) of the votes of the membership of
the Association; or
b. By not less than eighty percent (80%) of the votes
of the membership of the Association.
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43
-
1831) - 000248
0170926'
., JIf -9 AM 8: 22 OR BOOK PAGE,
COLLIER COUNTY RECORDED
, /j,.40.
. ~ :(.Od. FIRST AMENDMENT TO
.,,,
...... -,., DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
~
- .... .... FOR
,. .: '-- SILVER LAKES RV RESORT & GOLF CLUB
This Amendment is made this 4th day of May ,
1993, by CONQUEST DEVELOPMENT U.S,A. , L.C. , a Florida limited
liability company (the "Developer").
BACKGROUND
A. The Developer pursuant to that certain Declaration of
Covenants, Conditions and Restrictions for Silver Lakes RV Resort
& Golf Club, dated December 30, 1992, and recorded December 31,
1992, in O.R. Book 1784, Pages 1103 through 1145, inclusive, Public
Records of Collier County, Florida, (the "Declaration"), subjected
certain real property to certain covenants, conditions,
restrictions, charges and liens.
B. Section 13.04 of the Declaration sets out that the
Declaration may be amended at any time with the consent of Owners
holding not less than two-thirds (2/3) of the voting interests of
the membership.
C. At the present time Developer is an Owner holding not
less than two-thirds (2/3) of the voting interests of the
membership and desires to amend the Declaration.
TERMS OF AMENDMENT
In consideration of the facts mentioned above and the mutual
promises set out below and with the intent to be legally bound
hereby, Developer hereby declares that the Property, as defined in
the Declaration, shall be held, sold and conveyed subject to the
Declaration, along with the following amendments thereto:
l. Paragraph 4.02 c. of Article VI of the Declaration is
amended to read as follows:
c. Mowing, edging, trimming and fertilizing of grass on
individual Lots and on all Common Areas;
'.I 2. The first sentence of Paragraph 5.01 b. of Article V of
g~.... the Declaration is amended to read as follows:
~~:
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OR BOOK PAGE.
b. All RV Lots are restricted to use by one (1)
trailer, motorhome, fifth wheel, mini-motorhome or Park
Model (Resort Home), each of which must be a minimum of
twenty-two (22) feet in length and be hooked up to
utilities.
3. Paragraph 5,01 e. of Article V of the Declaration is
amended to add the following sentence at the end thereof:
No driveways or concrete pads shall be painted,
4. Paragraph 5.01 g, of Article V of the Declaration is
amended in its entirety to read as follows:
g. Flower gardens are permitted and shall be placed
where they will not interfere with the lawn mowing
responsibilities of the Association. The location of all
flower gardens and other plantings by the Lot Owner,
including trees, must be approved by the Board of the
Association before installation. The Board may
disapprove such plantings for any reason, including
aesthetics. A minimum space of five feet must be
maintained between any plantings and structures or
planted areas to allow clearance for lawn mowing
equipment. All such gardens, trees and other plantings
by the Lot Owner must be maintained by the Lot Owner in
good living condition, free of weeds, fertilized and
properly edged.
5. Paragraph 5.01 j. of Article V of the Declaration is
deleted in its entirety.
6. Paragraph 5.01 k. of Article V of the Declaration is
amended in its entirety to read as followings:
k. All Lot Owners shall be required to keep their
electricity to their Lot turned on year round so that the
sprinkler system on the Lot is operative all twelve
months of the year. This requirement shall apply
notwithstanding that the Lot is not occupied.
7. Paragraph 5.01 of Article V of the Declaration is amended
by adding the following:
jj. All outdoor lighting and patio lights must first be
approved by the Board of the Association. In the event
the Association later finds such lighting or patio lights
to be a nuisance to adjoining Owners or unsightly or not
in keeping with the aesthetics of the surrounding area,
the Association shall have the right to require that the
Lot Owner remove or modify such lighting.
183~ - 000250
OR BOOK PAGE
8. The first sentence of Paragraph 7.01 a. of Article VII of
the Declaration is amended to read as followings:
a. Owners. Except as otherwise provided herein, each
Lot and the improvements thereon, including yard
landscaping, RV, Park Model (Resort Home), and concrete
pad shall be maintained by the Owner in a clean and
sightly condition and in good repair.
9. Article X of the Declaration is deleted in its entirety.
IN WITNESS WHEREOF, CONQUEST DEVELOPMENT U.S.A, , L.C., a
Florida limited liability company, has caused this Amendment to
Declaration of Covenants, Conditions and Restrictions For Silver
Lakes RV Resort & Golf Club to be duly executed the day and year
first above written.
Witnesses: CONQUEST DEVELOPMENT U, S , A" L. C., a
>!-7'71 a 'j'?' Florida limi d a ili company
/J/
( /,J,y/jl
1/ I Bridgett
~() !It r'5P ~
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me the 4th
day of Mav , 1993, by William E. Bridgett, as Manager
of CCNQUEST DEVELOPMENT U.S.A., L.C., a Florida limited liability
company, on behalf of the company, He is personally known to me
and did take an oath.
~~~d .-/
-Notar Public
( SEAL) Print Name: Suzanne Howard
Commission Number: 155189
My Commission Expires: 10/28/95
siJver\dedar,amd
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1887608 OR: 2011' PG: 2320
RBCORDBD in OllICIAL RECORDS of COLLIBR COUNTY, lL
12/16/94 at 08:03AK DWIGHT I. BROCl, CLBRl
Prepared by and Return to: RBC PlI 15.00
Timothy G. Hains, Esquire COPUS 3.00
QUARLES & BRADY Retn:
4501 North Tamiami Trail, #300 QUARLBS' BRADY
Naples, Florida 33940 4501 'fAKIAKI TR R 1300
RAPLBS lL 33940 3060
SECOND AMENDMENT TO
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR SILVER LAKES RV RESORT & GOLF CLUB
THIS AMENDMENT is made this 23rd day of February ,
1994, by CONQUEST DEVELOPMENT U. S .A" L. C., a Florida limited
liability company (the "Developer").
BACKGROUND
A. The Developer, pursuant to that certain DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS FOR SILVER LAKES RV RESORT
& GOLF CLUB, dated December 30, 1992, and recorded December 21,
1992, in O,R, Book 1784, Pages 1103 through 1145, inclusive, Public
Records of Collier County, Florida, and amended by that certain
FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR SILVER LAKES RV RESORT & GOLF CLUB, recorded in
O,R. Book 1834, Page 248, Public Records of Collier County,
Florida, (the "Declaration"), subjected certain real property to
certain covenants, conditions, restrictions, charges and liens.
B, The Developer and Owners, holding in excess of two-thirds
(2/3rd,s) of the voting interests of the membership, desire to
further amend the Declaration to provide for a master metering
water service from Collier County Water-Sewer District.
TERMS OF AMENDMENT
In consideration of the facts mentioned above and the mutual
promises and other consideration passing between the parties, and
with the intent to be legally bound hereby, Developer with the
consent of Owners, comprising one hundred percent (100%) of the
voting interests of the membership, hereby declare that the
Property as defined in the Declaration, shall be held, sold and
conveyed subject to the Declaration along with the following
amendment 1:0 the Declaration, which is an additional article,
Article XIV, as follows:
ARTICLE XIV
Master Water Meter
24,01 The Association, pursuant to its powers as set out
in its Articles of Incorporation, and Florida law, may contract
with Collier County Water-Sewer District on behalf of the
individual Lot Owners to provide water service on a master metering
system.
I
-
OR: 2011 P'G: 2321
24.02 In the event a master metering system is adopted,
then the Association shall bill and collect from the Owners for the
water service. Such billing shall be at the rates and charges that
are in effect for the Collier County Water-Sewer District from time
to time. Each Owner shall be liable for an equal share of that
entire amount due.
24.03 The Association shall provide this water service
from the master meter only to the Owners of Lots.
24.04 Each Owner agrees, that in the event of non-payment
of the water charge, in addition to the other rights available to
the Association in the Declaration, there shall be available to the
Collier County Water-Sewer District those remedies set out in
Section 153.67, Florida Statutes, and Section 10, Chapter 88-499
Laws of Florida, which provide that unpaid fees are a lien on the
property receiving the service as well as Section 10 of Collier
County Ordinance Number 86-67 as amended, which authorizes the
Collier County Water-Sewer District to discontinue service to
delinquent customers, Furthermore, the payment by the Owner to the
Association does not relieve the obligation of the Owner to pay
Collier County Water-Sewer District in the event the Association
fails to make the payment to the Collier County Water-Sewer
District.
IN WITNESS WHEREOF, Conquest Development U.S,A. , L. C., a
Florida limited liability company has caused this Second Amendment
to Declaration of Covenants, Conditions and Restrictions for Silver
Lakes RV & Golf Club to be duly executed the day and year first
above written and that attached hereto are Consent and Joinders of
Owners, which along with Developer, comprise more than two-thirds
( 2 /3 rd) voting interest in the membership.
Witnesses to both:
CONQUEST DEVELOPMENT U.S,A, ,
~~'J1:w~ L, C. , a Florida limited
liability company
B .
.
~ By: ~~~~-'4~
Print Name :::b. =-O'\.e-t'r\...'. ~0 Manager, Wayne H. Henuset
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-
*** OR: 2011 PG: 2322 ***
STATE OF FLORIDA
COUNTY OF COLLIER
I HEREBY CERTIFY, the foregoing instrument was acknowledged
before me this ~ ") day of rF~ , 1994, by William
E. Bridgett as Manager of CONQUEST DEVELOPMENT U.S.A, , L.C. , a
Florida limited liability company, on behalf of the company, who is
personally known to me and who did take an oath.
(SEAL) 0~ A ,~LJ:<-vQ
Notary Public ,
,,,",, Print Name: n{),lU-/V l /?;;'';'(Ct.II?D
,,"if.'.v.~ DORAN L. BOUCHARD Commission No: *'CC ~ '3 ~ 7-<;,-5-
f~~&':.i MY COMMISSION' CC 238555 EXPIRES My Commission Expires:
W'. /J..i October 26,1996
"/I"iif.:~'<f". 8OIIllEO THIlU TROY fAIN INSlJRAH~.IIIC, OC:~( tl (.,. - 1'/9(.-
STATE OF -EI 19 vt. l"':h A
COUNTY OF C\::)tl~€~
I HEREBY CERTIFY, the foregoing instrument was acknowledged
before me this ~'3 day of ri;'1f. , 1994, by Wayne
H. Henuset as Manager of CONQUEST DEVELOPMENT U.S.A. , L. C. , a
Florida limited liability company, on behalf of the company, who is
personally known to me and who did Q oath. 3. (_
(SEAL) ~,L--tt.---. .(.! a~r.', /."../
Nary Public' ?
,,'~""~:'fit. DORAN l. BOUCHARD Print Name: ./)c.' X' AN 1. J.)~/((V{,I(f/
1:1'&:1MVCOMMISSION'CC238555EXPIRES Commission No: P::-("'C 2~'> ir.5"S")
~ ~ OclOber26, 1996 M C . . E .
~"~Rr.Xr-'f.." IONllEllTl1lllJTilOVfAININS~,IHC, y omm~ss~on xplres:
cJ (~r ) t. -I ?~~
.
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1890559 OR: 2014 PG: 1993
RECORDED in OFFICIAL RBCORDS of COLLIBR COUNTY, PL
12/28/94 at 08:07AM DWIGHT B. BROCK, CLBRK
Prepared By and Return to: RBC UB 24.00
Timothy G. Hains, Esquire COPIBS 5.00
QUARLES & BRADY Retn:
4501 North Tamiami Trail, #300 QUARLBS << BRADY
Naples, Florida 33940 4501 TAKIAKI TR N ,30n
oJ'!. 6 0 NAPLBS PL 33940 3060
THIRD AMENDMENT TO
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
SILVER LAKES RV RESORT & GOLF CLUB
This Amendment is made this 27th day of December ,
1994, by CONQUEST DEVELOPMENT U.S .A., L. C. , a Florida limited
liability company (the "Developer") .
BACKGROUND
A. The Developer, pursuant to that certain Declaration of
Covenants, Conditions and Restrictions for Silver Lakes RV Resort
& Golf Club, dated December 30, 1992, and recorded December 31,
1992, in O.R. Book 1784, Pages 1103 through 1145, inclusive, Public
Records of Collier County, Florida, and as amended by that certain
First Amendment to Declaration of Covenants, Conditions and
Restrictions for Silver Lakes RV Resort & Golf Club recorded in
O.R. Book 1834, Page 248, and as further amended by that certain
Second Amendment to Declaration of Covenants, Conditions and
Restrictions for Silver Lakes RV Re sort & Golf Club recorded in
O.R. Book 2011, Page 2320, all of the Public Records of Collier
County, Florida, (the "Declaration") , subjected certain real
property to certain covenants, conditions, restrictions, charges
and liens.
B. Section 13.06 of the Declaration provides that the
Developer may, from time to time, bring other land under the
provisions of the Declaration by amending the Declaration.
C. Developer now desires to formally add additional property
to silver Lakes RV Resort,& Golf Club and to subject said land to
the terms, conditions, rights and obligations of the Declaration.
QBNAP1\38294, 1
-... -,~ .'_. -
OR: 2014 PG: 1994
D. The additional property being added to Silver Lakes RV
Resort & Golf Club will be provided with a master metering water
system from Collier County Water-Sewer District. Because of the
responsibilities of the Developer, as set out in ARTICLE VI of the
Declaration, the Developer desires to amend the Declaration to more
specifically provide for such service.
TERMS OF AMENDMENT
In consideration of the facts mentioned above and the mutual
promises set out below and with the intent tQ be legally bound
hereby, the Developer hereby amends the Declaration as follows:
1. Exhibit A to the Declaration shall include the land known
as Silver Lakes Phase Two-A, according to the plat thereof as
recorded in Plat Book 24, Pages 54 and 55, of the Public Records of
Collier County, Florida, which additional property is more
particularly described in Exhibit A attached hereto.
2. The Declaration is amended by adding additional ARTICLE
XIV, as to the property being added hereby to Silver Lakes RV
Resort & Golf Club, as follows:
ARTICLE XIV
Master Water Meter
14.01 The Association, pursuant to its powers as set out
in its Articles of Incorporation, the Declaration, and Florida law,
may contract with Collier County Water-Sewer District on behalf of
the individual Lot Owners in Phase Two-A to provide water service
on a master metering system.
14.02 In the event a master metering system is adopted
then the Association shall bill and collect from the Owners of
Phase Two-A for the water service. Such billing shall be at the
rates and charges that are in effect for the Collier County Water-
Sewer District from time to time. Each Owner of Phase Two-A shall
be liable for an equal share of that entire amount due.
14.03 The Association shall provide this water service
from the master meter only to the Owners of Lots of Phase Two-A.
14.04 Each Owner of Phase Two-A agrees that in the event
of non-payment of the water charge, in addition to the other rights
available to the Association in the Declaration, there shall be
available to the Collier County Water-Sewer District those remedies
set out in Section 153.67, Florida Statutes, and Section 10,
Chapter 88-499 Laws of Florida, which provide that unpaid fees are
a lien on the property receiving the service as well as Section 10
of Collier County Ordinance Number 86-67 as amended, which
authorizes the Collier County Water-Sewer District to discontinue
QBNAPl\38294. 2
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OR: 2014 PG: 1995
service to delinquent ,customers. Furthermore, the payment by the
Owner in Phase Two-A to the Association does not relieve the
obligation of the Owner in Phase Two-A to pay Collier County Water-
Sewer District in the event the Association fails to make the
payment to the Collier County Water-Sewer District.
14.05 In the event Phase One of Silver Lake RV Resort &
Golf Club does not elect to adopt a master metering system, then
the Association shall proportionately allocate the cost of the
master metering system only to the Lot Owners of Phase Two-A and
such other additional property as may subsequently be subject to
the master metering water service system. .
CONQUEST DEVELOPMENT U.S.A.,
L.C., a Florida limited
liability company
By.
Manage
BY:~~~e~
Manager: Wayne H. Henuset
STATE OF .FL.,ORJ.DA
COUNTY OF COLLI tEe..
The foregoing instrument was acknowledged before me this
~.?7'o#-t day of !>CCi;;/<-1/36-:-.e... , 1994, by William E. Bridgett, as
Manager of CONQUEST DEVELOPMENT U.S.A., L.C., a Florida limited
liability company, on behalf of the company. He (~) is
personally known to me or (___) provided
as identification and he did take an
oath. ~ /
", ~4Le/' ~,&J-il,f cL./
Nota;v Public
(SEAL) Print Name: ,sVl....AVAI€ -/fDul.-f/c'/J
Commission No:
My Commission Expires:
~,UlU"
,:o~i~Y ~~~ SUZANNE HOWARD
!.l ~:.~ MY COMMISSION II CC l5S189
=~" .-e::
~r. r.~'7 EXPIRES: October 28, 1995
',Ji",,,,,'" IIGIIded ThMl NOllI17 PublIc t!rldorwrilItn
QBNAP1\38294, 3
..
,
-- ......
-
OR: 2014 PG: 1996
STATE OF ;=1-0R /.04
COUNTY OF COLLI E re-
, The foregoing instrument was acknowledged before me this
,d'7'1-/1 day of DE;Ce-m6ce. , 1994, by Wayne H. Henuset, as Manager
of CONQUEST DEVELOPMENT U.S.A., L. C., a~orida limited liability
company, on behalf of the company. He ( ) is personally known to
me or (_) provided
as identification and he did take an 0 h. ~
.;
l?~ d..-/~,"',JtV -zt-h-.,..L-"
r otar Public IltJtI)~
( SEAL) Print Name: ~V2~#c
Commission No:
My Commission Expires:
.",~~"j~""", SUZANNE HOWARD
I.~.\ MY COMM"SlON< CC 155189
'!l,' .~. 28 1995
\.,' b~<>j EXPIRES: October .
"~, ,"'",\,...... Bonded Tbru Not:.lry PubUc Underwriters
QBNAPl \38294,. 4
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--.........-..... -------
-
I *** OR: 2014 PG: 1997 *:
EXHIBIT "A"
LEGAL DESCRIP nON
SIL VER LAKES, PHASE TWO-A .
A PORTION OF THE SOUTH ONE-HALF OF THE SOUTH ONE-HALF OF SECTION 10, TOWNSHIP
57 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, MORE PARTICULARL Y DESCRIBED
AS FOLLOWS:
BEGIN A T THE NORTHWESTERL Y CORNER OF THE SIL VER LAKES, PHASE ONE PLA T,
AS RECORDED IN PLA T BOOK 20, PAGES 97 AND 92 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA AND RUN N02'28'37"E FOR 377.43 FEET,' THENCE
RUN S89'73'75"E FOR 7227.86 FEET,' THENCE RUN S89'74'05"E FOR 264.81 FEET,'
THENCE RUN S01'42'78"W FOR 536.19 FEET,' THENCE RUN S76'32'15"E FOR 14.11 FEET TO A
POINT OF CUR VA TURE OF A CURVE CONCA VE NORTHEASTERL Y,' THENCE RUN 24.62 FEET
ALONG THE ARC OF SAID CURVE HA VlNG A RADIUS OF 120.00 FEET, A CENTRAL ANGLE
OF 71'45'27': A CHORD OF 24.58 FEET AND A CHORD BEARING OF S82'24'59"E TO A
POINT OF CUSP,' THENCE RUN S01'42'78"W FOR 60.00 FEET,' THENCE RUN S12'08'49"E FOR
72.21 FEET,' THENCE RUN SOO'OO'OOW FOR 181.43 FEET; THENCE RUN N90'OO'OO"W FOR
308, 47 FEET,' THENCE RUN N34'17'52"W FOR 225.12 FEET,' THENCE RUN N69'4,'50"W FOR
170.94 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY,' THENCE RUN
19.48 FEET ALONG THE ARC OF SAID CURVE HA VlNG A RADIUS OF 60.00 FEET, A CENTRAL
ANGLE OF '8'35'52': A CHORD OF '9.39 FEET AND A CHORD BEARING OF N78'59'46"W, TO A
POINT OF TANGENCY,' THENCE RUN N88'17'42W FOR 557. 74 FEET TO A POINT OF CURVA TURE
OF A CURVE CONCAVE SOU THEA S TERL Y,' THENCE RUN 19.47 FEET ALONG THE ARC OF SAID
CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 44'36'51': A CHORD OF 78,98
FEET AND A CHORD BEARING OF S69'23'53"W, TO A POINT OF CUSP; THENCE RUN N42'54'32''W
FOR 98.34 FEET TO A POINT OF CUSP OF A CURVE CONCA VE SOU THEA STERL Y,' THENCE RUN
79,47 FEET ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL
ANGLE OF 44'36'5": A CHORD OF 18.98 FEET AND A CHORD BEARING OF N69'23;53"E TO A
POINT OF CUSP; THENCE RUN N04'28'58"W FOR 60.35 FEET TO A POINT OF CUSP OF A
CURVE CONCAVE NOR THEA S TERL Y,' THENCE RUN 17.00 FEET ALONG THE ARC OF SAID CURVE
HA VING A RADIUS OF 25,00 FEET, A CENTRAL ANGLE OF 38'57'25': A CHORD OF 76,67 FEET
AND A CHORD BEARING OF N68'49'00"W TO A POINT OF CUSP; THCNCE RUN N07'42'78"E
FOR 104,38 FCET,' THENCE RUN N88'17'01 "w FOR 344.54 FEET TO THE POINT OF BEGINNING.
CONTAINING 27.69 ACRES MORE OR LESS.
+ .;
'"
~
_... ...-.
-
1981070 OR: 2105' PG: 1170
RICORDID in OPPICIAL RICORDS of COLLIER COURTY, PL
10/04/95 at 08:17AK DWIGHT I. BROCK, CLERI
Prepared By and Return to: RlC PIE 19.50
Timothy G. Hains, Esquire Retn:
QUARLES & BRADY HCARLY ASHBR & ASSOCIATES
4501 North Tamiami Trail, #300 5101 TAMIAHI TR I '202
Naples, Florida 33940 RAPtiS lL 33962
FOURTH AMENDMENT TO
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
SILVER LAKES RV RESORT & GOLF CLUB
This Amendment is made this 4- 1JJ day of C>c;T~Bae. ,
1995, by CONQUEST DEVELOPMENT U.S.A. ., L. C., a Florida limited
liability company (the "Developer") .
BACKGROUND
A. The Developer, pursuant to that certain Declaration of
Covenants, Conditions and Restrictions for Silver Lakes RV Resort
& Golf Club, dated December 30, 1992, and recorded December 31,
1992, in O.R. Book 1784, Pages 1103 through 1145, inclusive, Public
Records of Collier County, Florida, and as amended by that certain
First Amendment to Declaration of Covenants, Conditions and
Restrictions for Silver Lakes RV Resort & Golf Club recorded in
O.R. Book 1834, Page 248, and amended by that certain Second
Amendment to Declaration of Covenants, Conditions and Restrictions
for Silver Lakes RV Resort & Golf Club recorded in O.R. Book 2011,
Page 2320, and further amended by that certain Third Amendment to
Declaration of Covenant~, Conditions and Restrictions for .Sil ver
Lakes RV Resort & Golf Club recorded in O.R. Book 2014, Page 1993,
all of the Public Records of Collier County, Florida, (the
"Declaration") , subjected certain real property to certain
covenants, conditions, restrictions, charges and liens.
B. Section 13.06 of the Declaration provides that the
Developer may, from time to time, bring other land under the
provisions of the Declaration by amending the Declaration.
C. Developer now desires to formally add additional property
to Silver Lakes RV Resort & Golf Club and to subject said land to
the terms, conditions, rights and obligations of the Declaration.
QBNAP1\55473, 1
;
. .-.------.-..
OR: 2105 PG: 1171
D. The additional property being added to Silver Lakes RV
Resort & Golf Club will be provided with a master metering water
system from Collier County Water-Sewer District.
TERMS OF AMENDMENT
In consideration of the facts mentioned above and the mutual
promises set out below and wi th the intent to be legally bound
hereby, the Developer hereby amends the Declaration as follows:
1. Exhibit A to the Declaration shall include the land known
as Silver Lakes Phase Two-B, according to the plat thereof as
recorded in Plat Book ~, Pages ~ and ~, of the Public
Records of Collier County, Florida, which additional property is
more particularly described in Exhibit A attached hereto.
2. That the terms and provisions regarding Article XIV -
Master Water Meter, as set out in prior amendments are applicable
and binding upon the real property described on Exhibit A, and all
future additions to land that is subject to the Declaration.
CONQUEST DEVELOPMENT U.S,A. ,
L. C. , a Florida limited
liability compa
Witnesses to both signatures:
''0,:J-=--- ~ By'
Print Name ]::>4-'''__ p",' ;//11. ,........, Ma
~1,^'--- By: /V~~ ~'
...;... 0 ~.~.~:~...-:
<~\lJ1 C .../0...,2..'- Lr-:- Manager: Wayne H, Henuset
STATE OF t==lor\J~
COUNTY OF ('.;1 II ;~e-
The foregoing instrument was acknowledged before me this
:).fl day of '.-- 1995, by William E. Bridgett,
'-.J '^...JL , as
Manager of CONQUEST DEVELOPMENT U. S . A. , L. C. , a Florida limited
liability company, on behalf of the company. He eX-J is
personally known to me or ( - ) provided
as identificat' he did take an
oath.
...."i-'?-'1 PU<9 SEhN W. A!)ER~~ATlilF. No ry Public Ah"CT\r,,~'t;~ C
(SEAL) ~:&1; COMMISSION # CC 4!i41C4 Print Name :~~'C,."
rJ> ~ EXPIRES APR 20,1 999 Commission No: <.:C 454/ bif
~ W BONDED THRU My Commission Expires: Arr, 1C~ 179'}
OF ,,\ A1LANTlC BONDING CO,. INC.
QBNAP1\55473, 2
-
OR: 2105 PG: 1172
STATE OF ~r~<;,
COUNTY OF r, ,.
COUNTRY OF ~ .e;:("'b...
I The foregoiE-g instrument was acknowledged before me this
o day of -.J ~l~ IQ'1<:; ,~, by Wayne H. Henuset, as Manager
of CONQUEST DEVELOP ENT U.S.A" L.C" a Florida limited liability
company, on behalf of the company. He (~) is personally known to
me or ( ) provided
as identification and he did take an L/--
~~'( PlJ SEAN W. ABERNAiHi,:;; 0 ~
~:&~ COMMISSION # CC 454164 No ary Publlc
(SEAL) ~ ~ EXPIRESAPR20.1999 Pint Name: ~._ .4-hC!..(",~4'~,,,
~ 1::1 BONDEO THRU . .
""'OFf;\Ci' ATLANllCBOND1NGCO..INC. Commlsslon No: c.c. '154164
My Commission Expires: .4r-.,lD,I 1'19<.j
QBNAP1\55473, 3
'.
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~-- ---~ ._---_. .-. .. "-----" ,.'
-
. *** OR: 2105 PG: 1173 ***
.
EXHIBIT A
SILVER LAKES PHASE TWO-B
LEG AL DESCRIPTION \
A PORTION OF THE SOUTH ONE -HALF OF THE SOUTH ONE -HALF OF SECTION 10, TOWNSHIP
51 SOUTH, RANGE 26 EAST, COLLIER COUN TY, FLORIDA, MORE PARTlCULARL Y DESCRIBED
AS FOLLOWS:
BEGIN A T THE SOUTHEASTFRL Y MOST CORNER OF THE SIL VER LAKES, PHASE ONE PLA T,
AS RECORDED IN PLA T BOOK 20, PAGES 91 AND 92 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA,' THENCE RUN NOO'40'50"E FOR 90.00 FEET; THENCE
RUN N11~6'51"W FOR 61.37 FEET.' THENCE RUN N0776'31"E FOR 73.50 FEET,'
THENCE RUN N23.47'49"E FOR 197.31 FEET,' THENCE RUN S90VO'OO"E FOR 308.47 FEET,'
THENCE RUN NOOVO'OO"E FOR 181.43 FEET,' THENCE RUN N12.08'49"W FOR 72,21 FEET;
THENCE RUN N01.42'18"E FOR 60.00 FEET TO A NON- TANGENTIAL INTERSECTION WITH A
CURVE CONCA Vf: NORTHEASTERL Y,' THENCE RUN 24.62 FEET ALONG THE ARC OF SAID CURVE
HAVING A RADIUS OF 120.00 FEET, A DELTA OF 11'45'27~ A CHORD OF 24.58 FEET
AND A CHORD BEARING OF N82"24'59"W TO A TANGENTIAL INTERSECTION; THENCE RUN
";76.32'15"W FOR 14.11 FEET; THENCE RUN N01'42'18"E FOR 536.19 FEET,' THENCE
RUN S8974'05"E FOR 785.06 FEET,' THENCE RUN S01.42'18"W FOR 5J7.13 FEET TO A
NON- TANGENTIAL INTERSECTION WITH A CURVE CONCA VE NORTHWESTERL Y; THENCE RUN
65,30 FEET ALONG SAID CURVE HAVING A RADIUS OF 120.00 FEET, A DELTA OF 3170'37"',
A CHORD OF 64.49 FEET AND A CHORD BEARING OF S76.06'59"W TO A TANGENTIAL
INTERSECTION; THENCE RUN N8877'42"W FOR 115.17 FEET; THENCE RUN S01.42'18"W
FOR 66.80 FEET: THENCE RUN S44'52'04"E FOR 100.03 FEET TO A NON-TANGENTlAL
INTERSECTION 'MTH A CURVE: CONCA VE SOUTHEASTERL Y,' THENCE RUN 22.65 FEET ALONG
THE ARC OF SAID CURVE HA VlNG A RADIUS OF 25.00 FEET, A DEL TA OF 51'54'16~ A
CHORD OF 21.88 FEET AND A CHORD BEARING OF S26"36'312"W TO.A TANGENTIAL
INTERSECTION,' THENCE RUN SOO.39'23"W FOR 27.11 FEET TO A TANGEN77AL INTERSECTION
WITH A CURVE: CONCAVE: NOR THEA STERL Y,' THENCE RUN 26.85 FEET ALONG SAID CURVE
HAVING A RADIUS OF 25.00 FEET, A DELTA OF 61"31'51", A CHORD OF 25.58 FEET AND
A CHORD BEARING OF S30V3'32"E TO A NON- TANGENTIAL INTERSECTION,' THENCE RUN
S49'52'40"W FOR 100,19 FEET,' THENCE RUN S08"52'44"W FOR 68.07 FEET; THENCE
RUN 500'46 '52"W FOR 90.00 FEE T,' THENCE RUN N89i3'08"W FOR 137.03 FEET TO A
TANGENTIAL INTERSECTION 'MTH A CURVE: CONCAVE SOUTHEASTERLY,' THENCE RUN
57.70 FEET ALONG SAID CURVE HA VlNG A RADIUS OF 60.00 FEET, A DEL TA OF 55'06'00",
A CHORD OF 55.50 FEET AND A CHORD BEARING OF S6373'52"W TO A TANGENTIAL
IN TERSEC TlON; THENCE RUN S35'40'52"W FOR 156.34 FEET TO A TANGENTIAL INTERSECTION
WITH A CURVE CONCA VE NORTHWESTERL Y,' THENCE RUN 287.98 FEET ALONG THE ARC OF
SAID CURVE HAVING A RADIUS OF 300.00 FEET, A DELTA OF 54.59'58", A CHORD OF
277. 05 FEET AND A CHORD BEARING OF 563'10'51"W TO A TANGENTIAL INTERSECTlON;
THENCE RUN N89i9'10"W FOR 400.00 FEET TO THE POINT OF BEGINING, ALL BEING IN
4.ND A PART OF SECTION 10, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
LORIDA, CONTAINING 20.70 ACRES MORE OR LESS.
, '
.__H . _____.__.
. . 1987649 OR: 2112 PG: 0612
. RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
10/24/95 at 12:31PK DWIGHT E. BROCI, CLERK
RBC FEE 19.50
Prepared By and Return to: Retn:
Timothy G. Hains, Esquire QUARLES & BRADY
QUARLES & BRADY 4501 TAKIAHI TR M #300
4501 North Tamiami Trail, #300 MAPLBS FL 33940 3060
Naples, Florida 33940
FIFTH AMENDMENT TO
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
SILVER LAKES RV RESORT & GOLF CLUB
This Amendment is made this /rL./h day of t)dc,~-< '
1995, by CONQUEST DEVELOPMENT U.S.A., L.C., a Florida ll.ml.ted
liability company (the "Developer"), and SILVER LAKES PROPERTY
OWNERS ASSOCIATION OF COLLIER COUNTY, FLORIDA, INC., a Florida
corporation (the "Association").
BACKGROUND
A. The Developer, pursuant to that certain Declaration of
Covenants, Conditions and Restrictions for Silver Lakes RV Resort
& Golf Club, dated December 30, 1992, and recorded December 31,
1992, in O.R. Book 1784, Pages 1103 through 1145, inclusive, and as
amended by that certain First Amendment to Declaration of
Covenants, Conditions and Restrictions for Silver Lakes RV Resort
& Golf Club recorded in O.R. Book 1834, Page 248, and as further
amended by that certain Second Amendment to Declaration of
Covenants, Conditions and Restrictions for Silver Lakes RV Resort
& Golf Club recorded in O.R. Book 2011, Page 2320, and as further
amended by that certain Third Amendment to Declaration of
Covenants, Conditions and Restrictions for Silver Lakes RV Resort
& Golf Club recorded in O.R. Book 2014, Page 1993, and as further
amended by that certain Fourth Amendment to Declaration of
Covenants, Conditions and Restrictions for Silver Lakes RV Resort
& Golf Club recorded in O. R. Book 2105, Page 1170, all o"f the
Public Records of Collier County, Florida (the "Declaration"),
subjected the real property described in said Declaration to
certain covenants, conditions, restrictions, charges, and liens.
B. A Lot Line Adjustment Affidavit was recorded on April 28,
1995 in O.R. Book 2053, Pages 1353 through 1357, inclusive, and was
re-recorded on June 9, 1995 in O.R. Book 2067, Pages 1465 through
1469, inclusive, both of the Public Records of Collier County,
Florida in order to combine Lot 14, Block 1, Silver Lakes, Phase
Two-A, with a portion of Lot 15, Block 1, Silver Lakes, Phase Two-
A, and to further combine Lot 16, Block 1, Silver Lakes, Phase Two-
QBNAP1\70457,l
. ..
..
. ~~_.. ..... ----.
,
, OR: 2112 PG: 0613
-
A, with the remaining portion of Lot 15, Block 1, Silver Lakes,
Phase Two-A.
C. A Supplemental Lot Line Adjustment Affidavii was recorded
on I b - ':;2.. L1 - , 1995 in O.R. Book ~l( Cl, Pages o.;L. through
, inclusive, of the Public Records of Collier County, Florida
. order to adjust the boundary line between the two (2) lots
l.n created by the original Lot Line Adjustment Affidavit.
D. The purpose of the recording of the Lot Line Adjustment
Affidavit and the Supplemental Lot Line Adjustment Affidavit was to
change original Lots 14, 15, and 16, Block 1, Silver Lakes, Phase
Two-A, into only two (2) lots so that for all purposes, including
the payment of regular and special assessments, such lots are
treated only as two (2) lots instead of three (3) lots. For all
purposes, Lots 14 and 15, Block 1, silver Lakes, Phase Two-A shall
be treated as one (1) lot and Lot 16, Block 1, Silver Lakes, Phase
Two-A shall be treated as one (1) lot.
E. Section 13.04 of the Declaration provides that the
Declaration may be amended, from time to time, with the consent of
not less than two-thirds (2/3s) of the voting interests subject to
the Declaration.
F. The consent of not less than two-thirds (2/3s) of the
voting interests subject to the Declaration having been obtained,
the Declaration shall hereby be amended in accordance with the
terms hereof.
TERMS OF AMENDMENT
In consideration of the facts mentioned above and for other
good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, and with the intent to be legally
bound hereby, the Declaration is amended as follows:
1. Paragraph 13.12 to the Declaration shall be added as
follows: .
13.12 Notwithstanding any terms or provisions contained
herein to the contrary, the subject real property
described on EXhibits "A" and "B" attached hereto,
although encompassing platted Lots 14, 15, and 16, Block
1, Silver Lakes, Phase TWo-A, as recorded in Plat Book
24, Pages 54-55, of the Public Records of Collier County,
Florida, shall for all purposes under this Declaration be
treated as only two (2) lots. Specifically, for all
purposes, including but not limited to, voting rights
(Article III) and Common Assessments and maintenance,
regular and special assessment obligations (Article IV),
this property shall no longer be treated as three (3)
QBNAP1\70457,l -2-
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"
--...-..,.........,....,... \.~ 44 ',I':,} .... - - - --.---- )I~'..l' . _.....__ . ........._.-...._........._"',..,........
. ;~~~ '. ... ~. ..
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..
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,
- OR: 2112 PG: 0614
lots but shall hereafter be deemed to constitute only two
(2) lots, with Lots 14 and 15, Block 1, Silver Lakes,
Phase Two-A being treated as one (1) Lot, as that term is
defined in Section 1.11 of the Declaration, and Lot 16,
Block 1, Silver Lakes, Phase Two-A being treated as one
(1) Lot.
2. other than as set forth herein, all other terms and
conditions of the Declaration shall continue in full force and
effect.
CONQUEST DEVELOPMENT U.S.A.,
L.C., a Florida limited
liability company
Witnesses:
~A(~
(7':~ Name_.M. <
i //. . .:/- \..-;7/ /
\---j a :1~,{.1- )", )(.:.i.t<-(..(<"1.?--
Print Name' i-Z dU:'!C.{, '1 t:iI2 f
<') . "~~ ')
SILVER LAKES PROPERTY OWNERS
ASSOCIATION OF COLLIER COUNTY,
INC. , a Florida cor oration
L/) It Jr- ~
, 4<.1, rx.t l.j,-:" . 0. '-/ ~t( .
Prl.nt Name mnJ-~..//l. ,""). 'fit,'.!) h
.'
QBNAP1\70457,l -3-
.'
,
. .J"
"
, f *** OR: 2112 PG: 0615 ***
,
STATE OF FLORIDA
COUNTY OF COLLIER
)L.t,The fOregO~~strument was acknowledged before me this
I Z. day of /;~ , 1995, by William E. Bridgett, as
Manager of CONQUEST DEVELOPMENT U.S.A., L.C., a Florida limited
liability company, on behal~ of the cAany.~ He~(_) I is
2erSOnallY known to me or (v) provided /-/D/f!/' a ./~
'c.;-€#J.'e.. ~ Bi. &)... - -/)..cj- if. - as-Identification.
D/'O-lJ
tary PUbl:J..C.- ~ 4 t.
(SEAL) rin~ N~me: ..../t) a.JAJ1/1. I4-1/r/J-
ComnussJ.on No:
My Commission Expires:
....,,~.~..... JOAN M. KAVCAK
''J;'':iul'j...
STATE OF FLORIDA f::'&' -1':\ MYCOMMISSION'CC305641
~:. ,i~i EXPIRES: Septembar 13.1997
COUNTY OF COLLIER '~'.'1f,~~~~~" Bonded Thru Notaly Public Underwrttel1
~ The foregoirufl_c4tnl?trument was acknowledged before me this
If day of az~h'f'AL , 1995, by William E. Bridgett, as
PresJ.dent of SILVER LAKES PROPERTY OWNERS ASSOCIATION OF COLLIER
COUNTY, INC., a Florida corporation, on behalf of the yorporation.
He ( h. is yersonally known to me or (V') provided
Ro~/~ O~/u-e.,.pJ' L'ro<2AJt"'C. ~)jj:J.:J. -9'~- as identification.
Lf,...~/o-o
tary PUblJ.C-r- In j,
(SEAL) int Name: --.0a-;0 . (A,.~<
Commission No:
My Commission Expires:
~,_-';..~"1:",
l~!l..r;o1;i:~ JOAN M. KAVCAK
~{~'~ J'i MY COMMISSION I cc 305641
"':'~~~~' exp'RES: September 13. 1997
~".. Bonded Thru NolaIy Public UndelWl11lll1
QBNAP1\70457,l -4-
/
2156321 OR: 2292 PG: 0778
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
Prepared By and Return to: 03/07/97 at 04:13PK DWIGHT E. BROCK, CLERK
REC UE 15.00
Timothy G, Hains, Esquire COPUS 3,00
QUARLES & BRADY IUSC 1.00
4501 North Tamiami Trail, #300 Retn:
Naples, Florida 34103 QUARLBS 6: BRADY
4501 TAKIAHI TR R '300
NAPLBS PL 34103 3060
$ 15.00 recording fee
SIXTH AMENDMENT TO
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
SILVER LAKES RV RESORT & GOLF CLUB
This Amendment is made this &, day of M4R~ff ,
1997, by CONQUEST DEVELOPMENT U.S.A. , L.C. , a Florida limited
liability company (the "Developer") .
BACKGROUND
A. The Developer, pursuant to that certain Declaration of
Covenants, Conditions and Restrictions for Silver Lakes RV Resort
& Golf Club, dated December 30, 1992, and recorded December 31,
1992, in O.R. Book 1784, Pages 1103 through 1145, inclusive, Public
Records of Collier County, Florida, and as amended, (the
"Declaration") , subjected certain real property to certain
covenants, conditions, restrictions, charges and liens.
B. Section 13.06 of the Declaration provides that the
Developer may, from time to time, bring other land under the
provisions of the Declaration by amending the Declaration.
C. Developer now desires to formally add additional property
to Silver Lakes RV Resort & Golf Club and to subject said land to
the terms, conditions, rights and obligations of the Declaration.
TERMS OF AMENDMENT
In consideration of the facts mentioned above and the mutual
promises set out below and with the intent to be legally bound
hereby, the Developer hereby amends the Declaration as follows:
1, Exhibit A to the Declaration shall include the land known
-"~.~~ as Silver Lakes Phase Two-C, according to the plat thereof as
G';::, -
QBNAP1\114088. 1
--....
un. t., t., ;U.. {\,J't v I J:)
recorded in Plat Book 27, Pages 74 and 75, of the Public Records of
Collier County, Florida, which additional property is more
particularly described in Exhibit ~ attached hereto.
CONQUEST DEVELOPMENT U.S.A.,
L.C., a Florida limited
~ liability company
Witn.e.sses t9 both/;31.gnatu_~e.. s, ~
77 / "~ ~r-'
/ // ?'
-4:f?4tt::#L/-/::J d-<<-",(LP;;' By:
Print Name s,:ilil,J/(/I ~A:?IOC;C71 Manager: . i E. Bridgett
/<>' /<).... .
// ' , .0-.....
/ ,,"'" / /~ ./ '. '" .i' r~
'/' / /;.{ /r A /
c;:;~-1!.u:~:/t:'~' ,/-1:J/Z4~ By: i<./Uh d1', \-~l>/\"u ') ,:-:t
Print Name -;<rrrvctJ/<.';-f v;I?II:J6c.71 Manager: Mayne H. Henuset
..---- /.:/ . /
STATE OF ,;; j!;J:~,.c:t.;
COUNTY OF ' (!4:-)!;.-"',.i
The foregoing ipstr)dment was acknowledged before me this
7 day of I)lf~1 ,1997, by William E. Bridgett, as
Manager of CONQUEST 'DEVELOPMENT U.S.A., L.C., a Florida limit~
liability company, on behalf of the company. He ( )~'
personally known to me or ( ) provided
as identification and he did take a~.
/ ' toj '0
\ (,g,V-U:--'-7!.,j )[;"7P,l~~-< )
(SEAL) NOTARYPU81IC STATEOFFLORluA N6tary Public: f)" L 12, .x
DORAN L BOUCHAW ,,()F(.A-,/ ,(11(. +)0
COMMISSION'CC59J'S;,' Commlss~on ,NO: (' G.'J-9') J 'IJl.
EXPIRES 10'26'?0!'" My Commlsslon Explres:
BONDEOTHRU ASA l.u,l,!':';^"~n / 0 - J.. (p- j).~ I) c)
STATE OF '--{ A~
COUNTY OF ;:: ~:<'..L/)
COUNTRY OF U. ').A j
The fOregoin~dnst+ument was" acknowledged before me this
? day of/." J(,C 4 , 1997, by Wayne H. Henuset, as Manager
of CONQUEST DEVELdPMENT U.S.A., L.C., a Fl~~.' a limited liability
company, on behalf of the company. He (_ti:JVpersonally known to
me or ( ) provided
as identification and he did take a~o ,
j 4 ~7 ~
NOTARY PUBLIC STAte OF FLORIDA ' . L .. I /
(SEAL) DORANLBOUCHARD k~liC: ~ ~t:U I'>
COMMISSION 'CC593192 Commission No' (" -:-9 '3 I a J
EXPIRES 10'26'2000 . C <..; r
BONOEOTHRU ASA 1-888-NOTARY1 My Commission Expires:
~~ /0 - ~~ - -:z ()pt>
QBNAP1\114088. 2
.~.... - --- --"-,-""-----
.' ,'." _...._~_.- ,..__._-_.....,-..._.._--'-.....,-.__...-, .,.,~
V.I.' ......,.. .w. .."...,\1
.
EXHIBIT A
SILVER LAKES PHASE TWO-C
.'
LEGAL DESCRIPTION
A PORTION OF THE SOUTH ONE-HALF OF' THE SOUTH ONE-HALF OF SECT/ON
70 AND A PORTION OF SECTION 75, TOWNSHIP 51 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, MORE PARTlCULARL Y DESCRIBED AS FOLLOWS:
..'
BEGIN A T THE SOUTHWESTERL Y MOST COR,NER OF THE SIt VER LAKES,
PHASE ONE PLA T, AS RECORDED IN PLA rBOOK 20, PAGES 91 AND 92 OF
THE PUBLIC RECORDS OF COLLIER COUN TY" FLORIDA; THENCE RUN
S89'20'06"E FOR 452.44 FEET; THENCE RUN S89'19'10"E FOR 1144.14 FEET;
THENCE RUN S89'20'37"E FOR 974.93 FEET; THENCE RUN SOO'39'23"W FOR
240.96 FEET; THENCE RUN N89'20'37"W FOR 4.10 FEET; THENCE RUN
SOO'39'23"W FOR 89.00 FEET,' THENCE RVN'N89"20'37"W FOR 1330.76 FEET;
THENCE RUN N89.19'JO"W(FOR 7247.73 FEET; THENCE RUN N02'2&:'37."E FOR
330,15 FEET TO THE POINT OF BEGINNING,.' ALL BEING IN AND A PART OF
SECTIONS 70 AND 15, TOWNSHIP 51 SOUtH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONTAINING 19.50 ACRES MORE :.OR LESS.
-- -
~-"'--_'"'''--'-'---~-'-'-''-'''-'_. "'_~._"_._-_.,..."",--"...,"....._,.... ""_.-..__.,,---------,-_.,,-,,_..._..._~-_.-
2156322 OR: 2292 PG: 0781
RICORDED in O!!ICIAL &BCORDS of COLLIBR COUNTY, !L
Prepared By and Return to: 03/07/97 at 04:13PK DWIGHT B. BROCI, CLBRI
&BC!!! 15.00
Timothy G. Hains, Esquire COPUS 3.00
QUARLES & BRADY IUSC 1.00
4501 North Tamiami Trail, #300 Retn:
Naples, Florida 34103 QUARLES &: BRADY
4501 TAMIAMI fR R '300
recording fee RAPLIS !L 34103 3060
$ 15', D {J
SEVENTH AMENDMENT TO
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
SILVER LAKES RV RESORT & GOLF CLUB
This Amendment is made this ? day of m".~~# ,
1997, by CONQUEST DEVELOPMENT U.S.A. , L. C., a Florida limited
liability company (the "Developer") .
BACKGROUND
A. The Developer, pursuant to that certain Declaration of
Covenants, Conditions and Restrictions for Silver Lakes RV Resort
& Go 1 f Club, dated December 30, 1992, and recorded December 31,
1992, in O.R. Book 1784, Pages 1103 through 1145, inclusive, and as
amended by that certain First Amendment to Declaration of
Covenants, Conditions and Restrictions for Silver Lakes RV Resort
& Golf Club, ( "First Amendment 11 ) dated May 4, 1993, and recorded
June 9, 1993, in O.R. Book 1834, Page 248, all of the Public
Records of Collier County, Florida, and as subsequently further
amended, (the "Declaration") , subjected certain real property to
certain covenants, conditions, restrictions, charges and liens.
B. The Developer wishes to amend the Declaration so as to
allow the painting concrete pads and driveways under certain
circumstances.
C. Section 13.04 of the Declaration provides that the
Declaration may 'be amended, from time to time, with the consent of
not less than two-thirds (2/3 ) of the voting interests subject to
the Declaration.
D. The consent of not less than two-thirds (2/3 ) of the
voting interests subject to the Declaration have been obtained, and
the Declaration shall be amended in accordance with the terms
hereof.
\ -
- 1
Q8NAPl \114118.
-~--"~'--'-'-"~"'--- ._",-,--- .. ^..-.._._._~---"...",.._-,. ...-..-------.. .-""..-
u!\~ (,.(,.,(,. ru; V/O(.
TERMS OF AMENDMENT
In consideration of the facts mentioned above and other good
and valuable considerations, the receipt and sufficiency of which
is hereby acknowledged with the intent to be legally bound hereby,
the Declaration is hereby amended as follows:
1, The terms and provisions of paragraph 3 of the First
Amendment to Declaration of Covenants, Conditions and Restrictions
for Silver Lakes RV Resort & Golf Club, dated May 4, 1993, and
recorded June 9, 1993, in O,R. Book 1834, Page 248, of the Public
Records of Collier County, Florida, is amended by deleting from
5.01 e, of ARTICLE V of the Declaration, the following provision:
5,01 e. No driveways or concrete pads shall be painted.
2 . The following provision shall constitute the revised 5.01
e:
5.01 e. After obtaining the prior written approval
by the Board of Directors of the Association, which will
not be unreasonably withheld, Lot Owners may apply a
paint coating or finishing to the concrete pads and
dri veways , but not the sidewalks, In making the
determination on whether to grant approval or not, the
Board of the Association shall, among other things,
consider the color of the coating or finishing and the
contractor who the Lot Owner desires to have apply the
coating or finishing.
IN WITNESS WHEREOF, CONQUEST DEVELOPMENT U. S.A., L.C. , a
Florida limited liability company has caused this Amendment to the
Declaration of Covenants, Conditions and Restrictions for Silver
Lakes RV Resort & Golf Club, to be duly executed the day and year
first above written.
CONQUEST DEVELOPMENT U.S.A. ,
L. C., a Florida limited
) liability company
By:
Manager:
~ # hi :.d
' )V/, -ooa!. ~
Print Name D:o..ul.J<..., f1~ t...J (, ,-,,-i. ke.
2 -
QBNAP1 \1.14118 ,
-'.~-~ ._,-- --""--"~----"''''---'--'''--
*** OR: 2292 PG: 0783 ***
Witnesses:
By: Lf~o ~Q/,,~;.:t-
Manager: 'Wayne H. Henuset
~~~;iL t0tfJ~~
Print Name P/(U(/...e,.. 4. WcJ,..,dl-<-e..
STATE OF iJ; thlt
COUNTY OF
The foregoing . st7ent was acknowledged before me this
-) day of /11;",,~ ,1997, by William E. Bridgett, as
Manager of CONQUES DEVELOPMENT U.S.A., L. C., a Florida limi~,
liability company, on behalf of the company. He ( ) is.)
- ,'./
personally known to me or ( ) provided
as identification and he did take n. ./ Q
'-4 ~ ^ LlL-.-<.~,
(SEAL) NOTARVPUBlIC STATEOfFlORIOA bt:ary Public J
DORAN L BOUCHARD . (), I. 6
COMMISSION # CC593192 prln~ N<;tme: u.. ,-)I'1.A-N OiIU-<D
EXPIRES 10-26'2000 Commlsslon No: Cc 5"9' ~ 19,1)
BOHltEo1'HRu ASA l-&6-HOTARVl My Commission Expires:
/ () -1J" -- -;J. C) 2J ()
STATE OF 1- /or/'LOA
COUNTY OF I f?,-~II; K~A
COUNTRY OF fA S..,-1,
The foregoing instrument was acknowledged before me this
7 day of ;1(((',,--<--<.'( , 1997, by Wayne H. Henuset, as Manager
of CONQUEST DEVELOPMENT U.S.A., L.C. , a Fl~a limited liability
company, on behalf of the company. He (___) ~'personally known to
me or (_) provided
as identification and he did take a~li) .7 ( '.)
\ ~l ~k~i
(SEAL) No ary Public <<cLIP
NOTARY PUBtIC STATE OF FLORIDA Print Name: ~~
DORAN L. BOUCHARD Commission No: I () ,- ~2.(;,,-
COMMISSION,. CC593192
EXPIRES 10'26'2000 My Commission Expires:
BOHOEOTHRU ASA l~TARYl
~ 3
, QBNAPl \114118_ -
-"_.,,_.~~,--_...-
- -
COLLIER COUNTY GOVERNMENT
COMMUNITY DEVELOPMENT SERVICES DIVISION 2800 NOHTH HORSESHOE DRIVE
NAPLES. FL 33942
ENGINEERING REVIEW SECTION (~J41) 643-8400
June 20, 1997 ,\ CEHTIFlED BLUE CHIP COl\1MUNITY
Gina Green
McAnly Engineering & Design, Inc.
5101 Tamiami Trail East, Suite 202
Naples, FL 34113
Re: Silver Lakes, Phase 2-C
Dear Gina:
This is to inform you that the above referenced proj ect has been granted preliminary
approval by Engineering Review in compliance with Collier County Land Development
Code, Section 3. All sewer facilities approved, accepted and required to be maintained
by Collier County shall be conveyed to the County pursuant to the provisions set forth in
Collier County Ordinance No. 97-17, as amended.
You are reminded that it is your responsibility to petition the Development Services
Director for final approval of the improvements upon the expiration of the minimum one
(1) year maintenance period. After satisfactory completion of all final inspections., the
Board of County Commissioners shall grant final approval of the required improvements
establishing County responsibility for maintenance of the required improvements if it is
the Board's desire to accept and maintain the facilities.
If you should have any questions or if we may be of assistance, please advise.
Very truly yours,
~*7;J;
Shirley Nix
Engineering Technician II
cc: Tim Clemons, Wastewater Director
Cindy Erb, Public Works
William Bridgett, Manager, Conquest Development U.S.A.
-
Department of
'-- Environmental Protection
~
South District
Lawton Chiles 2295 Victoria Avenue, Suite 364 Virginia B. Wetherell
Governor Fort Myers, Florida 33901-3881 Secretary
February 24, 1997
Gina R. Green, P.E. RECEIVED
MeAnly Engineering & Design, Inc. FE B 2 5 1997
5101 E. Tamiami Trail, 8uite 202
Naples, Florida 34113 MeANLY ENGINEERING
RE: Collier County - PW AND DESIGN. INC.
8ilver Lakes R,V. Resort, Phase Two
Phase Two - C Completion Only
(Collier County Regional WTP)
0811-234489
Dear Ms, Green:
This acknowledges receipt of certification that the subject water
distribution system extension has been partially completed in
accordance with the plans and related materials permitted by this
agency under Permit Number 0811-234489 dated August 6, 1993.
Based on this certification and satisfactory bacteriological
results, we are approving these facilities for service, Your
continued cooperation in our water supply program is appreciated.
Sincerely,
~ O.YV~
GarydA. Maier
Professional Engineer
GAMjOJOjskw
cc: William E, Bridgett
Michael R, Newman
"Protect. Conserve and Manage Florida's Environment and Natural Resources"
Printed on recycled paper.
-...--.-
~~1!?1
r;."'~~ Department of Cc ,8(./
~~
!,., "
<s,
~ '
!@ \ c, -, I r't.."
~FlOR A : "' .I! v "/"_
Environmental Protectiqn",~ ': ~ .':. y
~~ - -f~~-=~t:!
II / _
. . I I '
South District ' ".': :..... C"
Lawton Chiles 2295 Victoria Avenue. Suite 364 Virgi~i~ '!S.~etherell
Governor Fort Myers. Florida 33901-3881 Secretary
.4
March 13, 1997 (( / '!}.v'f
Timothy L. Clemons, Wastewater Director
Collier County Public Works Department
3301 East Tamiami Trail Building H
Naples, Florida 34112
Re: Collier County - DW/CS
Silver Lakes RV Resort
(Phase Two - C)
Collier County South W.W.T.P.
CSll-234496
Dear Mr. Clemons:
We have received a certificate of completion of construction
dated February 20, 1997 as submitted by McAnly Engineering and
Design, Inc. for the project authorized by the above permit
number. Accordingly, the sewer COllection/transmission system
may be placed into service.
Sincerely,
1J41Jh
. t/ ~
~/
Harley W. Young, P.E.
Water Facilities
section Manager
HWY/RPO/klm
cc: Gina R. Green, P.E.
"Protect, Conserve and Manage Florida's EnVIronment (]r~;:; " ::::...10, Resources"
Printed on recycled paper,
--_._.~- _'_"_._""~,._-,--,.,,-,.-- ---~"'"
- -~
WAIVER AND RELEASE OF LIEN
UPON FINAL PAYMENT
The undersigned lienor, in consideration of the final payment in the amount of $1 0,00, hereby
waives and releases its lien and right to claim a lien for labor, services or materials furnished to
CONQUEST DEVELOPMENT, L.c. the owner, to the following described property:
SILVER LAKES PHASE lIC,
SECTION 10, TOWNSHIP 51 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
DATED on: FEBRUARY 13, 1997
Lienor's Name: FLO RGROUND, INe.
/
--- ,/
"--....,--- i
By
Printed N
--- Title: President
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this 13TH day of February, 1997 by
Thomas P, McKimm, on behalf of the company who is personally known to me and did not take an
oath. c& ; ~~ ~
(Seal) ./ ~ o~L~
,..~""..._~.;"".,....y,)-
, ~Jl.'I .0,-/, OFFICIAL NOT AllY Sr.:AL i Nota ublic, State of Florida
0'" '~(> CATHYE VAN KERSCIMt'Vff' 1
". "j
~ . \. COMMISSION NUMBER 1
'::~ ,~CC316959 I
'l\ . d~' MY cr.nJlMi:;;SION !'!.X?I
' Or c'..o SEpr 11),,10'~'1.
~""""~'''''~''''''~'''''!'iI''''..~~''''''''''''''''''.~*'''''''-'
NOTE: This is a statutory form prescribed by Section 713,20, Florida Statutes (1996),
Effective October 1, 1996, a person may not require a lienor to furnish a waiver or release of lien
that is different from the statutory form.
, _.,_._..__._..."...,._----,---_.,.~..._."."--_..~...._----.~._. .._..----'- -'.---.......,-".-,- - -" .',.
,- -
CERTIFICATION CONCERNING
CONTRIBUTION IN-AID
OF CONSTRUCTION
The undersigned, on behalf of CONQUEST DEVELOPMENT USA, L.Co, a Florida
Limited Liability Company, developer of
SILVER LAKES R. V, RESORT, PHASE TWO-C
certifies as follows:
The developer has received no contribution-in-aid
of construction or development from sources other
than the developer or its mortgagee, relative to
the water and sewer facilities within the property
described on the attached Exhibit "A".
Conquest Development USA, L.Co
Witnesses: A Florida Limited Liability Company
&~~ BY~~
/61Nfi . 6. -.. Ai William E, Bridget
Manager, Conquest Development USA, L.Co
~
1U1~/.)Jf.Jf e. Na~ ~J, 7
_..______.__"__0"
;-. -
FLORIDA STATE UNDERGROlJND, INC.
CONTRACTOR'S CERTIFIED LIST OF INSTALLED MA'IERIAL_S & COSTS
SYSTEM NAME: SIL VER LAKES UNIT IIC DATE: OCTOBER 31,1996
THIS IS A: WATER SYSTEJ\1 SEWER SYSTEM X
..--------.-- ___n____ __'__~___
ITEM DESCRIPTION SIZE QUANTITY UNIT COST TOTAL COST
MANHOLE 0/6 5EA 1,050,00 5,250,00
3034 PIPE 0/6 8" 1479 LF 14,05 20,779,95
LATERALS 6" 76EA 314.86 23,929,36
TOTAL 49,959.31
I DO HEREBY CERTIFY THE ABOVE DESCRIBED LIST OF MATERIALS, QUANTITIES OF MATERIALS, KINDS OF
MATERIALS, INCLUDING INSTALLATION AND ALL COSTS AS INSTALLED, TO BE COMPLETE, TRUE AND
ACCURATE AS PER FINAL PAY ESTIMATE AND/OR ALL INVOICES OR STATEMENTS OF (BY OR FROM) THIS
CERTIFYING CONTRACTOR AND AS PER THE PROJECT AND/OR DESIGN ENGINEERS CERTIFIED RECORD
DRAWINGS OF THIS SYSTEAl AS DESCRIBED BY NAME SHOWN, AS OF THIS DATE.
/y
PERSONALLY KNOWN, SWORN TO CERTIFYING: /
& SUBSCRIBED BEFORE ME THIS /),,/:f __--::''''
~_:~~~-:~ ~~~~~~/:~<- -
~DA Y OF {)~..b-eF;996 '~HOMAir~MC~~MM, PRESIDENT
(};n/Y)~~ c;.e?~ FLORIDA STATE UNDERGROUND, INC.
(SEAL)
(NOT AR PUBLIC NAME & SEAL)
~~~~~;:~i:i;~-- .'-ANNETTE FRAZZANO.
~~(;& ~:~ MY COMMISSION' CC 450151
-"~' .. .,;.,'~/ EXPIRES; July 7, 1999
,:'Rr.:I':\'" lloncIBd TIuu NoIlIry PublIc Und8rwr1ters
~ ~; -'''''-'"'.~...
-_._.._._,-~-------_._....__._.-._._._..._-_.".-
.- -
III~ MeANLY ENGINEERING
_ AND DESIGN INC.
~ ENGINEERING PLANNING LAND SURVEYING LANDSCAPE ARCHITECTURE
January 14, 1997
Mr, Thomas E, Kuck, P.E,
Project Plan Review Manager
2800 North Horseshoe Drive
Naples, Florida 33942
RE: Collier County Wastewater Treatment Plant - South Area
Collier County Regional Water Treatment Plant
Silver Lakes R V Resort Phase Two-C
Dear Mr. Kuck:
The purpose of this letter is to certify that all water and sewer facilities for the above
referenced project are located within the Private Rights-of-Way or easements delineated on
the Silver Lakes RV Resort Phase Two-C Plat record in Plat Book 27 Pages 74 & 75 of the
Public Records of Collier County, Florida which are dedicated Collier County Utility
Easements (C.U.E,), All improvements are constructed in accordance with the approved
constructions plans and specifications,
;J::z~ ~
GinaR. Green, P.~
GRG/cpa
5101 TAMIAMI TRAIL EAST, SUITE 202. NAPLES, FLORIDA 34113
(941) 775-0723 FAX (941) 775-9236
-.-..-^
- -
October 3 1, 1996
Board of Collier County Commissioners
3301 Tamiami Trail East
Naples, FL. 33964
RE: SILVER LAKE UNIT IIC - SEWER
NAPLES, FLORIDA
Gentlemen:
This letter is to certify the completion of the sewer located within Silver Lakes Unit lIe.
Florida State Underground, Inc. furnishes at least a one (1) year guarantee of material
and workmanship on the system, upon acceptance by the Collier County Board of
Commissioners.
sincerely'L
/- ,
--"
-=-:::-- 7----- h----- ,,' .
Thomas f:' McKimm
President
TPMJaf
73 COMMERCIAL BOULEVARD · NAPLES, FLORIDA 33942 · 643-6449 · FAX: 643-6891
"",-- .--.-.
....-.." -
111ll;.: McANL Y ENl:..NEERING
_ AND DESIGN INC.
~ ENGINEERING PLANNING LAND SURVEYING LANDSCAPE ARCHITECTURE
INFILTRATION TESTING
Project: Silver Lakes RV Resort
Project Number: 88776.2
Date of Test: 1-23-97
Those Present: Mr, Randy Casey, Collier County Compliance Services
Mr. Jeff Newman, Florida State Underqround
Mr. Shane Parker, E.I., MeAnly Engineering & Desian, Inc.
Description of Line Tested:
CALCULATION OF ALLOWABLE INFILTRATION:
(Length of pipe) I 5280' X (diameter of pipe) X 50 gal/day =
(in feet) (in inches)
( 1606 ) I 5280' X ( 8 ) X 50 gal/day = 121. 7 qal. /day
units (occupied) X gal/day =
Total Gallons 121,7
RESULTS OF TEST:
Length of Test 1 day , Allowable Infiltration 121,7 gallons
Calculation of Actual Infiltration: o gallons
Test meets project specifications: X YES No
Engineer:
&d ~ zlvh7
/Gina R, Green . . Date
MeAnly Engineering and Design, Inc.
5101 TAMIAMI TRAIL EAST, SUITE 202. NAPLES. FLORIDA 34113
(941) 775-0723 FAX (941) 775-9236
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COLLIER COUNTY UTILITIES JAN 2 8 I9!1T
WASTEWATER DEPARTMENT
PROJECT VIDEO REVIEW
DATE OF REVIEW: 1/24/97
PROJECT NAME: Silver Lakes, Phase 2-C
ENGINEER OF RECORD: N/A
CONSTRUCTION CONTRACTOR: Florida State Underground
VIDEO CONTRACTOR: Se\ver Viewer, Inc.
COMMENTS: Lines and services are in good condition.
RECOMMENDATIONS:
~ ACCEPTABLE:
. c=J REVIEW NUMBERED COMMENTS IN ONE YEAR:
c==J NUMBERED COMMENTS UNACCEPTABLE: (REPAIR/REPLACE)
c==J OTHER RECOMMENDATIONS:
Stephen L. Nagy Sr, Utility Tech.
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COLLIER COUN1Y GOVERNMENT
COMMUNITY DEVELOPMEXT AND ENVIRONMENTAL 2800 N. HORSESHOE DRIVE
SERVICES DIVISI00J NAPLES, FL 34104
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Buildins Review and Permmmg (941) 643-B400 A CERTIFIED BLUE CHIP COMMUNITY
Code Enforcement (941) 643-S440
Housins and Urban Impron:menc (9411643-8330
Narural Resources (941) -3~-~505
Planning Services (941) 643-S'='00 PLANNING SERVICES DEPARTMENT
Pollurion Concrol (941) 732-2502 ENGINEERING REVIEW SECTION
February 3, 1997
Gina Green
MeAnly Engineering & Design
5101 Tamiami Trail E. , Suite 202
Naples, Floric.a 342.13
RE: Silver Lakes, Phase 2C, Sewer
Dear Ms. Greer::
A preliminary insDection of the referenced project was conducted
by Randy Casey of "che Engineering Review Section of the Planning
Services Depa.!:'tment on February 3, 1997. Conditions were found
to be acceptable, and appear to meet County Standards,
If you should have any questions, please do not hesitate to call
Randy Casey at (941 ) 643-8418 or Clyde Fugate at (941) 643-8417.
Sincerely, .
~1~qr
Engineering Inspection Supervisor
CF/rc/mk/c:\Inspection form
cc: Cindy Erb, Engineering Technician, Public Works
Timothy L. Clemons, Wastewater Director, Utilities
Evelyn Ferguson, D.O.R. Billing Supervisor
Randy Casey, Engineering Inspec"cor, Engineering Review
Section
Shirley Nix, t:ngineering Tech. II, Engineering Review
Section
File
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