Backup Documents 10/24/2017 Item #16A 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP A
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded 10 the County Attorney Office
al the lime the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines Nl through##2 as appropriate for additional signatures,dales,and/or information needed. lithe document is already complete with the
exception of the Chairman's signature,draw a line through routing lines/t 1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
2.
3. County Attorney Office County Attorney Office ►C`iza / _ ),)
4. BCC Office Board of County � �0 `b
Commissioners \a4,257 to\Z1,.\l�
5. Minutes and Records Clerk of Court's Office
to�26��� 2=23Plk
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
mation.
Name of Primary Staff Jodi Hughes Phone Number x-5744
Contact/ Department
Agenda Date Item was 10/24/17 Agenda Item Number 16A1
Approved by the BCC
Type of Document Bond,Maintenance Agreement Number of Original 2
Attached Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? —4H--- 5p.J
2. Does the document need to be sent to another agency for additional signatur s? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. JH
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board _
5. The Chairman's signature line date has been entered as the date of BCC approval of the JH
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JH
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 10/24/17 and all changes made during •
the meeting have been incorporated in the attached document. The County c . 'toh tor'`
Attorney's Office has reviewed the changes,if applicable. 11" ii lane,
9. Initials of attorney verifying that the attached document is the version approved by the ,J N/ ,isnot
BCC,all changes directed by the BCC have been made,and the document is ready for the ,option for
Chairman's signature.
I:Forms/County Forms/BCC Fonns/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1 6 A i
MEMORANDUM
Date: October 29, 2018
To: Jodi Hughes, Project Manager
Growth Management Department
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Letter of Credit FGAC - 18058 and the Construction and
Maintenance Agreement related to the Sereno Grove Development
Attached for your records are copies of the documents referenced above, (Item #16A1)
approved by the Board of County Commissioners on Tuesday, October 24, 2017.
The original documents will be held in the Minutes and Records Department for the
Board's Official Record.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachment
1 6 A 1
El Grady Minor
Civil Engineers • Land Surveyors • Planners • Landscape Architects
October 2, 2018
Mr. Scott Stone
Assistant County Attorney
Collier County Attorney's Office
3299 Tamiami Trail East, Suite 800
Naples, FL 34104
RE: Sereno Grove
PL20170002740
Recording of Plat
Dear Mr. Stone:
We have confirmed that Lennar Homes, LLC is the successor company to WCI on this project.
Please contact our office should you have any questions or require additional information.
Sincerely,
ofreigtc).41C-
Michael J. Delate, P.E.
Senior Vice President
MJD: kas
0. Grady Minor&Associates, P.A. Ph. 239-947-1144• Fax. 239-947-0375
3800 Via Del Rey EB 0005151 •LB 0005151 • LC 26000266
Bonita Springs, FL 34134 Wwv.gradyminor.com
1641
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISInN IMPROVEMENTS
entered into this ;7 day of /v / / , 20 /F9 between
Wel Cammun4les.LLC hereinafter referred to as"Developer," and the Board of County Commissioners of Collier
County, Florida, hereinafter referred to as the"Board.
RECITALS:
A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the
Board of certain plat of a subdivision to be known as: Sereno Grove
B. Chapter 4 and 10 of the Collier County Land Development Code required the Developer to post
appropriate guarantees for the construction of the improvements required by said subdivision
regulations, said guarantees to be incorporated in a bonded agreement for the construction of the
required improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set
forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed: drainage, roadways, utilities and related infrastructure.
within 12 months from the date of approval said subdivision plat, said improvements
hereinafter referred to as the required improvements.
2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and
by reference made a part hereof) in the amount of$2,142,641.60 - which amount represents 10% of
the total contract cost to complete the construction plus 100% of the estimated cost of to complete
the required improvements at the date of this Agreement.
3. In the event of default by the Developer or failure of the Developer to complete such improvements
within the time required by the Land Development Code, Collier may call upon the subdivision
performance security to insure satisfactory completion of the required improvements.
4. The required improvements shall not be considered complete until a statement of substantial
completion by Developer's engineer along with the final project records have been furnished to be
reviewed and approved by the County Manager or his designee for compliance with the Collier
County Land Development Code.
5. The County Manager or his designee shall, within sixty (60) days of receipt of the statement of
substantial completion, either: a) notify the Developer in writing of his preliminary approval of the
improvements; or b) notify the Developer in writing of his refusal to approve improvements,
therewith specifying those conditions which the Developer must fulfill in order to obtain the County
Manager's approval of the improvements. However, in no event shall the County Manager or his
designee refuse preliminary approval of the improvements if they are in fact constructed and
submitted for approval in accordance with the requirements of this Agreement.
6. The Developer shall maintain all required improvements for a minimum period of one year after
preliminary approval by the County Manager or his designee. After the one year maintenance period
by the Developer has terminated, the Developer shall petition the County Manager or his designee to
inspect the required improvements. The County Manager or his designee shall inspect the
improvements and, if found to be still in compliance with the Land Development Code as reflected by
final approval by the Board, the Board shall release the remaining 10% of the subdivision
performance security. The Developer's responsibility for maintenance of the required improvements
shall continue unless or until the Board accepts maintenance responsibility for and by the County.
16A1
7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter
the Developer may request the County Manager or his designee to reduce the dollar amount of the
subdivision performance security on the basis of work complete, Each request for a reduction in the
dollar amount of the subdivision performance security shall be accompanied by a statement of
substantial completion by the Developer's engineer together with the project records necessary for
review by the County Manager or his designee. The County Manager or his designee may grant the
request for a reduction in the amount of the subdivision performance security for the improvements
completed as of the date of the request.
8. In the event the Developer shall fail or neglect to fulfill its/obligations under this Agreement, upon
certification of such failure, the County Manager or his 'designee may call upon the subdivision
performance security to secure satisfactory completio , repair and maintenance of the required
improvements. The Board shall have the right to constr ct and maintain, or cause to be constructed
or maintained, pursuant to public advertisement - d receipt and acceptance of bids, the
improvements required herein. The Developer, as •rincipal under the subdivision performance
security, shall be liable to pay and to indemnify the Bo:rd, upon completion of such construction, the
final total cost to the Board thereof, including, but n. limited to, engineering, legal and contingent
costs, together with any damages, either direct or c•nsequential, which the Board may sustain on
account of the failure of the Developer to fulfill all of th provisions of this Agreement.
9. All of the terms, covenants and conditions herein sntained are and shall be binding upon the
Developer and the respective successors and assigns the Developer.
IN WITNESS WHEREOF, the Board and the Developer hay aused this Agreement to be executed by
their duly authorized representatives this —7 9 day of /0 / / , 20 i I_.
\\
SIGNED IN THE PRESENCE OF: (Name of En ity)WCI Communities, LLC
/r---- ,' By:
Pried Name �— Darin McMurray, VP
ILO
Printed Name/Title
(President, VP, or CEO)
(Provide Proper Evidence of Authority)
Printed Name
1 ► l )`Y
ATTEST:. .. 1
Crystal K. Kindel, Clerk of the Circuit Court&Comptroller BOARD OF OU = i •
OF COL R Cr? Y FLOR •
By: -i.0=1 t,C� n c . By: A
Deputy Ciei*_ 4_.. ') ., -- Ar j SQ( ;13 � einia re
Appr ved a r1$ 6118j!'S
urc only
Scott A. Stone
Assistant County Attorney
FIDELITY GUARANTY AND ACCEPTANCE CORP . 0111111
700 NW 107 AVENUE - SUITE 204
MIAMI , FLORIDA 33172
PHONE ( 305 ) 553 - 8724
IRREVOCABLE STANDBY LETTER OF CREDIT NO, FGAC-18058
ISSUER: FIDELITY GUARANTY AND ACCEPTANCE CORP.(HEREINAFTER"ISSUER")
700 NW 107TH AVENUE,SUITE 204
MIAMI,FLORIDA 33172
PHONE(786)257-4353
DATE OF ISSUE: FEBRUARY 23,2018
PLACE OF EXPIRY: AT ISSUER'S COUNTERS LOCATED AT 700 NW 107 AVE,SUITE 204
MIAMI,FLORIDA 33172
DATE OF EXPIRY: THIS CREDIT SHALL BE VALID UNTIL F FBRLAR\ 23, 2019, AND SHALL
THEREAFTER BE AUTOMATICALLY RENEWED FOR SUCCESSIVE ONE-YEAR
PERIODS ON THE ANNIVERSARY OF THE ISSUE UNLESS AT LEAST SIXTY (60)
DAYS PRIOR TO ANY SUCH ANNIVERSARY DATE, THE ISSUER NOTIFIES THE
BENEFICIARY IN WRITING BY REGISTERED MAIL THAT THE ISSUER ELECTS NOT
TO RENEW THIS CREDIT.
APPLICANT: LENNAR HOMES, LLC.(HEREINAFTER"DEVELOPER")
10481 SIX MILE CYPRESS PARKWAY
FORT MYERS,FLORIDA 33966
BENEFICIARY: THE BOARD OF COUNTY COMMISSIONERS,COLLIER COUNTY, FLORIDA
(HEREINAFTER"BENEFICIARY")
C/O DEVELOPMENT REVIEW DIVISION
2800 NORTH HORSESHOE DRIVE
NAPLES, FL 34104
AMOUNT: UP TO AN AGGREGATE AMOUNT OF' $2,142,641.60(TWO MILLION ONE HUNDRED
FORTY TWO THOUSAND SIX HUNDRED FORTY ONE AND 60/100 US DOLLARS)
RE: INFRASTRUCTURE CONSTRUCTION
PROJECT NAME: SERENO GROVE A I R. ARSIi
CREDIT AVAILABLE
WITH: ISSUER
BY: PAYMENT AGAINST DOCUMENTS DETAILED HEREIN AND BENEFICIARY'S
DRAFTS AT SIGHT DRAWN ON THE ISSUER,
DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER
AND PRESENTED AT PLACE OF EXPIRY ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY
MANUALLY SIGNED AND DATED BY THE COUNTY MANAGER,OR HIS DESIGNEE,CERTIFYING THAT:
A. "(I)DEVELOPER HAS FAILED TO CONSTRUCT AND/OR MAINTAIN THE IMPROVEMENTS ASSOCIATED
WITH THAT CERTAIN PLAT OF A SUBDIVISION KNOWN AS SERENO GROVE Al: !'FI I( .1\ \I NRS11 AS
REQUIRED BY COLLIER COUNTY ORDINANCES AND RESOLUTIONS (THE "LAND DEVELOPMENT
REGULATIONS"); (II) DEVELOPER HAS BEEN GIVEN WRITTEN NOTICE DESCRIBING THE EVENT OR
CONDITION OF SUCH DEFAULT IN REASONABLE DETAIL BY CERTIFIED MAIL, RETURN RECEIPT
REQUESTED; AND (II1) THE DEFAULT HAS NOT BEEN CURED WITHIN THE CURE PERIOD PROVIDED
FOR THEREIN, IF ANY.";
OR
B. "A FINAL INSPECTION OF THE IMPROVEMENTS FOR SERENO GROVE .A I PI LICA\ \1\R0,11 AS
REQUIRED BY COLLIER COUNTY ORDINANCES AND RESOLUTIONS (THE "LAND DEVELOPMENT
REGULATIONS")SATISFACTORY TO COLLIER COUNTY HAS NOT BEEN PERFORMED PRIOR TO THE
DATE OF EXPIRY, AND A SATISFACTORY ALTERNATIVE PERFORMANCE SECURITY HAS NOT BEEN
PROVIDED TO AND ACCEPTED BY THE BENEFICIARY."
FIDELITY GUARANTY AND ACCEPTANCE CORP . 1 1
700 NW 107 AVENUE - SUITE 204
MIAMI FLORIDA 33172
PHONE ( 305 ) 553 - 5724
THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NO. FGAC-18058 PAGE 2
DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT SHALL BE MARKED: "DRAWN UNDER FIDELITY
GUARANTY AND ACCEPTANCE CORP.CREDIT NO. FGAC-18058,DATED FEBRUARY 23,2018"AND MUST BE
ACCOMPANIED BY THIS ORIGINAL LETTER OF CREDIT AND ALL ORIGINAL AMENDMENTS, IF ANY, FOR
PROPER ENDORSEMENT.
THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF THE ISSUER'S UNDERTAKING,AND SUCH
UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCE TO
ANY DOCUMENT, INSTRUMENT, OR AGREEMENT REFERENCED TO HEREIN OR IN WHICH THIS LETTER
OF CREDIT RELATES,AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY
REFERENCE ANY DOCUMENT,INSTRUMENT OR AGREEMENT.
ISSUER HEREBY ENGAGES WITH BENEFICIARY THAT DRAFT(S) DRAWN UNDER AND IN COMPLIANCE
WITH THE TERMS AND CONDITIONS OF THIS CREDIT WILL BE DULY HONORED BY ISSUER IF PRESENTED
WITHIN THE VALIDITY OF THIS CREDIT TOGETHER WITH THE DOCUMENTS REQUIRED HEREIN AT THE
PLACE OF EXPIRY PRIOR TO 4:00 P.M.EST.ON OR PRIOR TO THE DATE OF EXPIRY.PRESENTATIONS MAY
BE MADE BY CERTIFIED OR REGISTERED MAIL,RETURN RECEIPT REQUESTED OR BY FEDERAL EXPRESS
OR ANY OTHER NATIONALLY RECOGNIZED COURIER COMPANY
THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS(2007
REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO.600.
FIDELITY GUARANTY AND ACCEPTANCE CORP.
JACQUELINE DE SOUZA,VICE PRESIDENT
FIDELITY GUARANTY AND ACCEPTANCE CORP . A 1
700 NW 107 AVENUE - SUITE 204
M11AMl . FLORIDA 33172
PHONE 1305 ; 553 - 8724
OCTOBER 18,2018
IRREVOCABLE STANDBY LETTER OF CREDIT NO. FGAC-18058
APPLICANT: LENNAR HOMES, LLC.(HEREINAFTER"DEVELOPER")
10481 SIX MILE CYPRESS PARKWAY
FORT MYERS,FLORIDA 33966
BENEFICIARY: THE BOARD OF COUNTY COMMISSIONERS,COLLIER COUNTY, FLORIDA
(HEREINAFTER"BENEFICIARY")
C/O DEVELOPMENT REVIEW DIVISION
2800 NORTH HORSESHOE DRIVE
NAPLES,FL 34104
AMOUNT: UP TO AN AGGREGATE AMOUNT OF $2,142,641.60 (TWO MILLION ONE HUNDRED FORTY
TWO THOUSAND SIX HUNDRED FORTY ONE AND 60/100 US DOLLARS)
GENTLEMEN:
TO AMEND LETTER OF CREDIT NO. FGAC-18058 AS ISSUED IN YOUR FAVOR.
THIS AMENDMENT IS AN INTEGRAL PART OF THE ORIGINAL CREDIT. ALL OTHER TERMS AND CONDITIONS OF
THE LETTER OF CREDIT INCLUDING PREVIOUS AMENDMENTS REMAIN UNCHANGED.
AMENDED TERMS:
1. EXTEND EXPIRY DATE TO: OCTOBER 23,2019.
2. REPLACE REFERENCE TO: "SERENO GROVE AT PELICAN MARSH"
WITH: "SERENO GROVE"
IMMEDIATE NOTIFICATION MUST BE GIVEN TO US IF THIS AMENDMENT IS NOT ACCEPTED.
THIS IS AMENDMENT NO. 1.
VERY TRULY YOURS,
FIDELITY GUARANTY AND ACCEPTANCE CORP.
JACQUELINE DE SOUZA,VICE PRESIDENT
1 6 A 1
Q. GRADY MINOR & ASSOCIATES, P.A.
CIVIL ENGINEERS LAND SURVEYORS PLANNERS LANDSCAPE ARCHITECTS
SERENO GROVE At PELICAN MARSH
ENGINEER'S OPINION OF PROBABLE COST FOR FEES
January 10, 2017
SCHEDULE DESCRIPTION Phase 1
A Earthwork $131,135.00
B Paving $551,908.00
C Wastewater Collection $479,095.00
D Potable Water Distribution $256,128.00
E Storm Drainage $298,517.00
F Landscape& Irrigation $35,825.00
G Off-Site Turn Lanes at Entrance $149,740.00
H Off-Site U-Turn Lane $45,508.00
TOTAL $1,947,856.00
110% of TOTAL $2,142,641.60
Water and Wastewater Sub-Total: $735,223.00
Earthwork, Paving, Drainage and Landscaping Sub-Total: $1,017,385.00
Off-Site Turn Lanes Sub-Total: $195,248.00
Subdivision Sub-Total: $1,212,633.00
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i6A1
SERENO GROVE At PELICAN MARSH
ENGINEER'S OPINION OF PROBABLE COST FOR FEES
1/10/2017
SCHEDULE "A"
EARTHWORK & SITE PREP
Clearing, grubbing and preparation of the construction site and bringing the site, including roadway rights-of-
way,easements,building sites and open areas to the lines and grades shown on the drawings or as designated
by the Engineer in the field including chipping and grinding of all materials on the Owner's property and then
disposal of all residue off the Owner's property, all as specified, per acre complete. All work in right-of-way
is subject to inspection by the owner, City, County DOT and/or FDOT contingent on final acceptance of
improvements as shown and specified on the contract documents. The construction area shall be enclosed
with FDEP approved siltation fencing prior to commencement of work. The unit price of the erosion control
fence shall include maintenance of the fence for the duration of construction.
UNIT TOTAL
ITEM DESCRIPTION UNIT QUANTITY PRICE PRICE
A-1 Clearing and Grubbing AC 32.0 $3,000.00 $96,000.00
A-2 Erosion Control-Silt Fence LF 8,965 $1.00 $8,965.00
A-3 Double Row Erosion Control-Silt Fence LF 1,825 $2.00 $3,650.00
A-4 Lake Excavation(Haul,Place&Compact)* CY * $0.00 $0.00
A-5 Sod Lake Banks(20'Width) SY 5,110 $2.00 $10,220.00
A-6 Exotic Clearing from Preserves AC 2.05 $6,000.00 $12,300.00
TOTAL $131,135.00
* This item was included under the Bond for the Excavation Permit
Q.Grady Minor&Associates
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16A1
SERENO GROVE At PELICAN MARSH
ENGINEER'S OPINION OF PROBABLE COST FOR FEES
1/10/2017
SCHEDULE "B"
PAVING
Roadway construction complete per the plans and County specifications including stabilized subgrade,
stabilized shoulder, limerock base, tack coat, asphaltic concrete, required testing by an independent
laboratory, roadside fill and grading for full width of right-of-way and easements, finish grading, seeding and
mulch and/or sod.
UNIT TOTAL
ITEM DESCRIPTION UNIT QUANTITY PRICE PRICE
B-1 12"Stabilized Subgrade SY 18,790 $1.80 $33,822.00
B-2 6"Limerock Base(Compacted and Primed) SY 17,495 $8.00 $139,960.00
B-3 3/4"Aphaltic Concrete Type S-III(1st Lift) SY 15,146 $4.50 $68,157.00
B-4 3/4"Aphaltic Concrete Type S-Ill(2nd Lift) SY 15,146 $5.50 $83,303.00
B-5 Valley Gutter LF 7,242 $9.00 $65,178.00
B-6 Type A Curb LF . 977 $12.00 $11,724.00
B-7 Type D Curb LF 1,534 $10.00 $15,340.00
B-8 Type F Curb&Gutter LF 321 $14.00 $4,494.00
B-9 5'Concrete Sidewalk 4"Thick SY 1,973 $25.00 $49,325.00
B-10 5.5'Concrete Sidewalk 4"Thick SY 902 $25.00 $22,550.00
B-11 Handicap Curb Ramps-All Types EA 6 $400.00 $2,400.00
B-12 Sodding(1" Strip Back of Curb) SY 1,166 $2.00 $2,332.00
B-13 16"Concrete Header Curb for Pavers LF 80 $25.00 $2,000.00
B-14 Pavers for Rumble Strips SF 600 $4.00 $2,400.00
B-IS Pavers for Parking SF 962 $4.00 $3,848.00
B-16 Wheel Stops EA 3 $25.00 $75.00
B-17 Signing&Pavement Markings LS 1 $2,000.00 $2,000.00
B-18 Street Lights-FPL Provide and Install EA 32 $1,000.00 $32,000.00
B-19 Concrete Retaining Wall LF 45 $100.00 $4,500.00
B-20 Set PRM's LS 1 $3,000.00 $3,000.00
B-21 Set PCP's LS 1 $3,500.00 $3,500.00
TOTAL $551,908.00
Q. Grady Minor&Associates
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i6Ai
SERENO GROVE At PELICAN MARSH
ENGINEER'S OPINION OF PROBABLE COST FOR FEES
1/10/2017
SCHEDULE "C"
WASTEWATER COLLECTION
Includes furnishing and handling of all required materials,joint restraint, thrust blocks, connections to other
pipelines, all excavation (including rock and over-excavation if necessary), dewatering, bedding material (if
necessary), pipeline installation, back filling (imported fill if necessary), compaction, compaction testing in
roadway areas, pressure testing, flushing, clean-up including resodding areas previously sodded, seeding all
areas disturbed by construction, providing complete as-built drawings and other items necessary to complete
the system and provide the Owner, FDEP and County with a complete working wastewater collection system as
shown on the drawings and specified in these contract documents. Cut ranges are measured from profile grade
line to invert of the pipe or manhole.
TOTAL
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE PRICE
C-1 8"Gravity PVC-SDR 26(0-6'Cut) LF 1,490 $25.00 $37,250:00
C-2 8"Gravity PVC-SDR 26(6-8'Cut) LF 842 $45.00 $37,890.00
C-3 8"Gravity PVC-SDR 26(8-10'Cut) LF 500 $52.00 $26,000.00
C-4 8"Gravity PVC-SDR 26(10-12'Cut) LF 500 $60.00 $30,000.00
C-5 8"Gravity PVC-SDR 26(>12'Cut) LF 138 $70.00 $9,660.00
C-6 Television Inspection LF 3,470 $3.50 $12,145.00
C-7 Manhole 4'Diameter(0-6') EA 4 $5,200.00 $20,800.00
C-8 Manhole 4'Diameter(6-8') EA 8 $5,500.00 $44,000.00
C-9 Manhole 4'Diameter(8-10') EA 2 - $6,500.00 $13,000.00
C-10 Manhole 4'Diameter(10-12') EA 1 $7,600.00 $7,600.00
C-11 Manhole 4'Diameter(>12'Cut) EA 4 $8,600.00 $34,400.00
C-12 6" Single Sewer Service EA 8 $500.00 $4,000.00
C-13 6" Double Sewer Service EA 28 $600.00 $16,800.00
C-14 4"PVC Force Main(C900,DR 18) LF 155 $12.00 $1,860.00
C-15 4"PVC Force Main(C900,DR 14) LF 46 $15.00 $690.00
C-16 Connect to Existing 6"Force Main EA 1 $3,000.00 $3,000.00
C-17 Pump Station LS 1 $180,000.00 $180,000.00
TOTAL $479,095.00
Q.Grady Minor&Associates
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1 6 A 1
SERENO GROVE At PELICAN MARSH
ENGINEER'S OPINION OF PROBABLE COST FOR FEES
1/10/2017
SCHEDULE "D"
POTABLE WATER DISTRIBUTION
Includes furnishing and handling of all required materials, joint restraint, thrust blocks, connections to other
pipelines, all excavation (including rock and over-excavation if necessary), dewatering, bedding material (if
necessary), pipeline installation, back filling (imported fill if necessary), compaction, compaction testing in
roadway areas, pressure testing, disinfecting pipelines, flushing, clean-up including resodding areas previously
sodded, seeding all areas disturbed by construction, providing complete as-built drawings and other items
necessary to complete the system and provide the Owner, FDEP and/or Health Department and County with a
complete working water distribution system as shown on the drawings and specified in these contract
documents. Lineal foot price of the pipe is to include the cost of all required fittings.
TOTAL
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE PRICE
D-1 6"PVC Main(C-900,DR 18) LF 780 $18.00 $14,040.00
D-2 8"PVC Main(C-900,DR 18) LF 1,020 $23.00 $23,460.00
D-3 10" PVC Main(C-900, DR 18) LF 2,010 $30.00 $60,300.00
D-4 10" PVC Main(C-900,DR 14) LF 179 $32.00 $5,728.00
D-5 6"Gate Valve with Box EA 3 $1,200.00 $3,600.00
D-6 8"Gate Valve with Box EA 4 $1,700.00 $6,800.00
D-7 10" Gate Valve with Box EA 7 $2,200.00 $15,400.00
D-8 Fire Hydrant Assembly Complete EA 14 $3,800.00 $53,200.00
D-9 Single Water Service EA 26 $750.00 $19,500.00
D-10 Double Water Service EA 19 $900.00 $17,100.00
D-11 Permanent Bacterial Sample Point EA 1 $2,000.00 $2,000.00
D-l2 Automatic Flushing Device EA 4 $5,000.00 $20,000.00
D-13 Air Release Assembly EA 2 $6,000.00 $12,000.00
D-14 Connect to Existing Main EA 1 $3,000.00 $3,000.00
TOTAL $256,128.00
Q.Grady Minor&Associates
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1 6 A 1
SERENO GROVE At PELICAN MARSH
ENGINEER'S OPINION OF PROBABLE COST FOR FEES
1/10/2017
SCHEDULE "E"
STORM DRAINAGE
Includes furnishing and handling of all required materials, dewatering, bedding material (if necessary), rock
removal and disposal off-site(if necessary), installation, backfilling, compaction, compaction testing in road-
way areas, final grading, coordinating with other contractors and utility companies, flushing, clean-up,
seeding, sodding of all areas disturbed by construction, repair of'any damage caused by construction and
other items necessary to complete the system and provide the Owner, County and/or FDOT with a complete
working drainage system as shown on the drawings and specified on these contract documents. Pipe
measurement is to the center of the structures.
UNIT TOTAL
ITEM DESCRIPTION UNIT QUANTITY PRICE PRICE
E-1 15"RCP LF 849 $30.00 $25,470.00
E-2 18"RCP LF 386 $45.00 $17,370.00
E-3 24"RCP LF 1,770 $55.00 $97,350.00
E-4 12"x 18"RCP LF 269 $35.00 $9,415.00
E-5 19"x 30"RCP LF 26 $65.00 $1,690.00
E-6 Valley Gutter Inlet EA 17 $3,500.00 $59,500.00
E-7 Junction Box EA 8 $4,119.00 $32,952.00
E-8 Type C Bubble-Up EA 3 $2,500.00 $7,500.00
E-9 Control Structure EA I $5,000.00 $5,000.00
E-10 15"FES EA 2 $1,500.00 $3,000.00
E-11 18"FES EA 1 $2,000.00 $2,000.00
E-12 24"FES EA 5 $2,500.00 $12,500.00
E-13 Headwall for 12"x 18" EA 6 $2,000.00 $12,000.00
E-14 Retention Bubble-Up Structure _ EA 2 $1,000.00 $2,000.00
E-15 10"HDPE Yard Drain Pipe LF 69 $20.00 $1,380.00
E-16 15"HDPE Yard Drain Pipe LF 55 $30.00 $1,650.00
E-17 Rip-Rap SY 172 $45.00 $7,740.00
TOTAL $298,517.00
O.Grady Minor&Associates
G:\Engineering\PROJ-ENG\WiWCIPME106DP\03PPL DP\OPC-Dec2016 2nd Submittal\OPC for Fees Adjusted_2017.01.10 6 of 9
16 * 1
SERENO GROVE At PELICAN MARSH
ENGINEER'S OPINION OF PROBABLE COST FOR FEES
1/10/2017
SCHEDULE"F"
LANDSCAPE AND IRRIGATION
Provide landscpaing and irrigation according to Code Minimum Requirements.
TOTAL
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE PRICE
F-1 Trees- 10'Height EA 76 $250.00 $19,000.00
F-2 Shrubs EA 880 $10.00 $8,800.00
F-3 Littoral Planting EA 1,950 $1.50 $2,925.00
F-4 Irrigation Estimate SF 34,000 $0.15 $5,100.00
F-5 $0.00
TOTAL $35,825.00
Q.Grady Minor&Associates
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1 6 A 1
SERENO GROVE At PELICAN MARSH
ENGINEER'S OPINION OF PROBABLE COST FOR FEES
1/10/2017
SCHEDULE "G"
OFF-SITE LEFT &RIGHT TURN LANES AT ENTRANCE
Roadway construction complete per the plans and County specifications including stabilized subgrade,
stabilized shoulder, limerock base, tack coat, asphaltic concrete, required testing by an independent
laboratory,roadside fill and grading for full width of right-of-way and easements,finish grading,seeding and
mulch and/or sod. Pipe measurement is to the center of the structures. All work in right-of-way is subject to
inspection by the owner,City,County DOT and/or FDOT contingent on final acceptance of improvements as
shown and specified on the contract documents.
UNIT TOTAL
ITEM DESCRIPTION UNIT QUANTITY PRICE PRICE
G-1 12"Stabilized Subgrade SY 1,290 $3.00 $3,870.00
0-2 8"Limerock Base(Compacted and Primed) SY 1,290 $12.00 $15,480.00
G-3 1.5"SP-12.5 Structural Course 1st Lift SY 1,290 $7.00 $9,030.00
0-4 1.5"SP-12.5 Structural Course 2nd Lift SY 1,290 $7.00 $9,030.00
G-5 1" SP-9.5 Surface Course SY 1,290 $8.00 $10,320.00
G-6 Type F Curb LF 777 $15.00 $11,655.00
0-7 4'Concrete Traffic Separator-Type I LF 40 $50.00 $2,000.00
G-8 1.5'Concrete Traffic Separator LF 41 $20.00 $820.00
G-9 6'Concrete Sidewalk 6"Thick SY 62 $35.00 $2,170.00
0-10 8'Concrete Sidewalk 6"Thick SY 290 $35.00 $10,150.00
G-11 Handicap Curb Ramps-All Types EA 2 $400.00 $800.00
G-12 18"RCP LF 70 $50.00 $3,500.00
G-l3 24"RCP LF 168 $60.00 $10,080.00
G-14 FDOT Type P-5 Inlet EA 2 $5,000.00 $10,000.00
G-15 FDOT Type P-4 Inlet EA 1 $5,000.00 $5,000.00
0-16 18"MES EA 1 $1,800.00 $1,800.00
G-17 24"MES EA 2 $2,000.00 $4,000.00
G-18 Rip-Rap Sump EA 1 3 $1,000.00 $3,000.00 .
,
G-19 Remove Concrete Sidewalk-8'Wide SF 2,740 $1.00 $2,740.00
G-20 Remove Type F Curb&Gutter LF 765 $3.00 $2,295.00
Replace Exist 4"PVC DR 18 Force Main Pipe LF 40 $50.00 $2,000.00
G-21 with 4"PVC DR 14 Pipe At Entrance
G-22 Signing&Pavement Markings LS I $10,000.00 $10,000.00
G-23 Relocate Existing Streetlight-Complete LS 1 $10,000.00 $10,000.00
G-24 Sod and Landscape Allowance LS 1 $10,000.00 $10,000.00
G-25 $0.00
TOTAL $149,740.00
Q.Grady Minor&Associates
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1641
SERENO GROVE At PELICAN MARSH
ENGINEER'S OPINION OF PROBABLE COST FOR FEES
1/10/2017
SCHEDULE "H"
OFF-SITE U-TURN LANE
Roadway construction complete per the plans and County specifications including stabilized subgrade,
stabilized shoulder, limerock base, tack coat, asphaltic concrete, required testing by an independent
laboratory, roadside fill and grading for full width of right-of-way and easements, finish grading, seeding and
mulch and/or sod. Pipe measurement is to the center of the structures. All work in right-of-way is subject to
inspection by the owner,City, County DOT and/or FDOT contingent on final acceptance of improvements as
shown and specified on the contract documents.
UNIT TOTAL
ITEM DESCRIPTION UNIT QUANTITY PRICE PRICE
G-1 12"Stabilized Subgrade SY 577 $3.00 $1,731.00
G-2 8"Limerock Base(Compacted and Primed) SY 577 $12.00 $6,924.00
G-3 1.5"SP-12.5 Structural Course 1st Lift SY 577 $7.00 $4,039.00
G-4 1.5"SP-12.5 Structural Course 2nd Lift SY 577 $7.00 $4,039.00
G-5 I" SP-9.5 Surface Course SY 577 $8.00 $4,616.00
G-6 Type F Curb LF 333 $15.00 $4,995.00
G-7 4'Concrete Traffic Separator-Type I LF 40 $50.00 $2,000.00
G-8 1.5'Concrete Traffic Separator LF 41 $20.00 $820.00
0-9 Remove Type F Curb&Gutter LF 448 $3.00 $1,344.00
G-10 Signing&Pavement Markings LS 1 $5,000.00 $5,000.00
G-11 Sod and Landscape Allowance LS 1 $10,000.00 $10,000.00
G-12 $0.00
TOTAL $45,508.00
Q.Grady Minor&Associates
G:\Engineering\PROJ-ENG\W\WCIPME\08DP103PPL DP\OPC-Dec2018 2nd Submitta11OPC for Fees Adjusted_2017.01.10 9 of S
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP16 A 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete muting lines#1 through#2 as appropriate lin-additional signatures,dates,and/or information needed. if the document is already complete with the
exception of the Chairman's signature,draw a line through muting lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
2.
3. County Attorney Office County Attorney Office D�o�
4. BCC Office Board of County
Commissioners \-g/ / kA2LA S
5. Minutes and Records Clerk of Court's Office 10(2611,2) Z:2:3po.v
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Jodi Hughes Phone Number x-5744
Contact/ Department
Agenda Date Item was 10/24/17 l Agenda Item Number 16A1
Approved by the BCC
Type of Document Plat,Declaration Covenan*“"A Number of Original 2
Attached Restrictions Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A (Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? JH
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. JH
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JH
document or the final negotiated contract date whichever is applicable.
6. "Sign here”tabs are placed on the appropriate pages indicating where the Chairman's JH
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 10/24/17 and all changes made during N/A isnot
the meeting have been incorporated in the attached document. The County an option for
Attorney's Office has reviewed the changes,if applicable. this line
9. Initials of attorney verifying that the attached document is the version approved by the ` is not
BCC,all changes directed by the BCC have been made,and the document is ready for th. an eptionfor
Chairman's signature. Ns line.
1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WIN'S Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
j6Al
MEMORANDUM
Date: October 29, 2018
To: Jodi Hughes, Project Manager
Growth Management Department
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Plat Declaration and Restrictions for Sereno Grove
Attached for further processing is the original document referenced above, (Item #16A1)
approved by the Board of County Commissioners on Tuesday, October 24, 2017.
Copies of original will be held in the Minutes and Records Department for the
Board's Official Record.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachment
16A1
PREPARED BY AND TO BE RETURNED TO:
Robert S.Freedman,Esquire
Carlton Fields Jorden Burt,P.A.
4221 W. Boy Scout Boulevard,Suite 1000
Tampa, Florida 33607
(813)223-7000
DECLARATION OF COVENANTS AND RESTRICTIONS
FOR
SERENO GROVE
TABLE OF CONTENTS Page
ARTICLE 1: DEFINITIONS 1
ARTICLE 2: PROPERTY SUBJECT TO THIS DECLARATION; GENERAL PLAN OF
DEVELOPMENT 5
ARTICLE 3: COMMON PROPERTY 5
ARTICLE 4: NON-RESIDENTIAL ACTIVITIES 8
ARTICLE 5: USE AND ARCHITECTURAL RESTRICTIONS 9
ARTICLE 6: EASEMENTS 24
ARTICLE 7: ARCHITECTURAL CONTROL 28
ARTICLE 8: MAINTENANCE BY THE ASSOCIATION; IRRIGATION 31
ARTICLE 9: MAINTENANCE BY OWNERS 36
ARTICLE 10: SURFACE WATER DRAINAGE AND MANAGEMENT SYSTEM 37
ARTICLE 11: ADDITIONS TO OR DELETIONS FROM PROPERTY 38
ARTICLE 12: MEMBERSHIP AND VOTING RIGHTS 40
ARTICLE 13: TRANSFER OF CONTROL 40
ARTICLE 14: RIGHTS AND OBLIGATIONS OF THE ASSOCIATION 41
ARTICLE 15: COVENANT FOR ASSESSMENTS; CAPITAL CONTRIBUTIONS 44
ARTICLE 16: MISCELLANEOUS PROVISIONS RESPECTING MORTGAGEES 49
ARTICLE 17: DAMAGE, DESTRUCTION AND RESTORATION OF COMMON PROPERTY 51
ARTICLE 18: CONDEMNATION 51
ARTICLE 19: TERMINATION OF THE MASTER DECLARATION 51
ARTICLE 20: DECLARANT'S RIGHTS 52
ARTICLE 21: AMENDMENTS 53
ARTICLE 22: GENERAL PROVISIONS 54
INDEX OF EXHIBITS
A - Legal Description of the Residential Property
B Description of the Common Property
C Articles of Incorporation of the Association
D By-Laws of the Association
E Types of Assessments and Basis for Calculation
F Approved Concept of Signage under Section 5.25.2.2
G Florida Fish and Wildlife Conservation Commission's"Living with Black Bears'
Management Plan"
NOTICE: As provided in Section 22.4 of this Declaration, each Owner, by virtue of taking title to a
Lot or Parcel, hereby acknowledges and agrees, and shall be deemed to have acknowledged and
agreed, that the deed of conveyance of the Lot or Parcel to a third party shall specifically state
that the Lot or Parcel is subject to the terms of this instrument and shall state the recording book
and page information for this instrument as recorded in the public records of the County. The
intent of this provision is to defeat any potential argument or claim that Chapter 712, Florida
Statutes, has extinguished the application of this instrument to each of the Lots and Parcels.
114216177.6
1 6 A
THIS DECLARATION OF COVENANTS AND RESTRICTIONS FOR SERENO GROVE
("Declaration") is made by WCI Communities. LLC, a Delaware limited liability company, whose address
is 10481 Six Mile Cypress Parkway, Ft. Myers, Florida 33966 ("WCI").
WITNESSETH:
WHEREAS, Declarant (defined in Article 1 hereof) desires to develop a master planned
development commonly known as Sereno Grove ("Community," as defined hereinafter)within which there
is intended to be developed over time single family detached homes and other facilities and
improvements of a residential nature, and the supporting infrastructure in accordance with the master
plan and the respective approved site plans as may exist from time to time; and
WHEREAS, Declarant desires to insure the attractiveness and functionality of the Community
and to prevent any future impairment thereof, to prevent nuisances, to preserve, protect and enhance the
values and amenities of the Community and to provide for the maintenance of common property and
other community facilities; and, to this end, desires to subject the property of the Community to the
covenants, conditions, restrictions, provisions, easements, charges and liens hereinafter set forth, each
and all of which is and are for the benefit of the Community and each owner of the portions thereof; and
WHEREAS, Declarant has deemed it desirable, for the efficient preservation, protection and
enhancement of the values and amenities of the Community and to insure the enjoyment of the specific
rights, privileges and easements in the common properties and community facilities, to create an
association to exercise the powers of owning, maintaining, leasing and/or administering the common
properties, administering and enforcing the covenants and restrictions contained hereinafter, collecting
and disbursing the assessments and charges hereinafter created and otherwise fulfilling the tasks and
expectations of such association as contemplated herein and Chapters 617 and 720, Florida Statutes;
and
WHEREAS, Sereno Grove Homeowners Association, Inc. has been formed under the laws of the
State of Florida, as a not-for-profit corporation, for the purpose of exercising the functions, responsibilities,
duties and other actions contemplated herein;
WHEREAS, Declarant hereby declares that the Property identified in Article 2 hereof shall be
held, transferred, sold, conveyed, leased, mortgaged, used occupied and otherwise dealt with subject to
the terms of the covenants, conditions, restrictions, provisions, easements, charges and liens hereinafter
set forth, all of which are created in the best interest of the owners and residents of the Property, and
which will run with the land and shall be binding upon all persons having and/or acquiring any right, title or
interest in the Property or any portion thereof, or shall occupy any portion of such Property, and shall
inure to the benefit of each and every person, from time to time, owning or holding an interest in the
Property, or any portion thereof.
NOW, THEREFORE, the foregoing recitals are hereby incorporated as if fully set forth
hereinafter, and in consideration of the foregoing, Declarant hereby states as follows:
ARTICLE 1: DEFINITIONS
Unless the context expressly requires otherwise, the following terms mean as follows wherever
used in this Declaration:
1.1 "ARC" means the architectural review committee of the Association, as established in
Article 8 hereof.
1.2 "ARC Guidelines" means the guidelines for development and/or renovation of the Lots
contained or to be contained in the Community. Wherever in this Declaration the approval of the ARC is
required, it shall be in accordance with the ARC Guidelines, to the extent the ARC Guidelines contain
guiding provisions.
114216177.6 1
16A1
1.3 "Act" means Chapter 720, Florida Statutes, as existing on the date of recordation of this
Declaration.
1.4 "Articles" means the Articles of Incorporation of the Association, as may be amended
from time to time. A copy of the Articles, as filed with the State of Florida Department of State, is attached
hereto as Exhibit C.
1.5 "Assessment" or "Assessments" means those charges and obligations set forth in Article
16 hereof, including General Assessments, Special Assessments and Specific Assessments.
1.6 "Association" means the Sereno Grove Homeowners Association, Inc., a Florida not-for-
profit corporation organized pursuant to Chapters 617 and 720, Florida Statutes, to administer certain
common and designated functions for or pertaining to the Community and its surrounding areas pursuant
to this Declaration.
1.7 "Authorized User" means the tenants, guests and invitees of an Owner and all occupants
of a Lot or Parcel other than the Owner(s).
1.8 "Benefited Parties" means Declarant, Association and Owners, together with each of their
respective successors and assigns, and the tenants, guests and invitees of the Owners, but excluding the
general public.
1.9 "Board" or"Board of Directors" means the board of directors of the Association.
1.10 "Boundary Wall" shall have the meaning set forth in Section 14.1.4 hereof.
1.11 "By-Laws" means the By-Laws of the Association, as may be amended from time to time.
A copy of the By-Laws is attached hereto as Exhibit D.
1.12 "Common Expenses" means all expenses properly incurred by the Association in the
performance of its duties pursuant to the Governing Documents, or any agreement properly entered into
by the Association, including, but not limited to, (a) the expenses incurred in connection with the
ownership, maintenance, repair, replacement, reconstruction or improvement of the Common Property
and/or real property held in title by the Association, if any, as provided for pursuant to this Declaration
(which expenses may, but shall not necessarily, include utilities, taxes, assessments, insurance and
repairs); (b) the expenses of obtaining, repairing or replacing personal property owned by the Association;
(c) the expenses incurred in the administration and management of the Association; and (d)the expenses
declared to be Common Expenses pursuant to the Governing Documents.
1.13 "Common Property" or "Common Properties" includes, but shall not be limited to, (i) any
property now or hereafter owned or leased by the Association; (ii) any property maintained by the
Association pursuant to agreement (whether or not such property constitutes a portion of the Property):
(iii) any property designated in Exhibit B hereto as Common Property; (iv) any property designated by
Declarant as Common Property elsewhere in this Declaration or in any amendment or supplement to this
Declaration; (v) any portion of the Property designated as Common Property of the Association (or words
to that effect) on any plat(s) of the Property, including subdivision plats and condominium drawings,
recorded in the public records of the County from time to time ("Plat"); (vi) any property now or hereafter
owned by Declarant but maintained by the Association; (vii) any property now or hereafter owned by a
third party but maintained by the Association pursuant to written agreement; (viii) all buffer zones or other
areas located on the Property which may be required to be maintained by the Association pursuant to any
applicable development order, permit or approval from any Governmental Entity; (ix) any personal
property acquired by the Association if said property is designated as "Common Property" by the
Association or Declarant to be Common Property; (x) the irrigation production and delivery system for the
Community; (xi) any and all wetland, preserve and conservation easement areas; (xii) streetlights; (xiii) all
Mail Structures (as defined in Section 5.39.2 hereof); (xiv) all Boundary Walls and any and all other walls
and fences which serve to border the Community or for which the Association has maintenance
responsibility; (xv) landscaping, signage and recreational facilities which are contained within lands that
are Common Property; (xvi) any lake areas or bodies of water for which the Association has maintenance
114216177.6 2
16A1
responsibility; (xvii) all applicable portions of the Surface Water Drainage and Management System
(including dedicated lake tracts, lake maintenance or drainage easements, and corresponding
infrastructure), which shall be maintained in accordance with the SFWMD Permit; (xviii) utility easements
or tracts for corresponding sewer or potable water; (xix) all roads and road rights-of-way contained within
the Community, whether or not yet conveyed to the Association (all roads are private); and (xx) the
Community Entry Features and all Community signage. Any land or personal property leased by the
Association shall lose its character as Common Property upon the expiration of such lease.
1.14 "Community" means the master planned community development project known as
Sereno Grove. The Community may also include any lands not located within the gated boundaries of a
portion of the Property (such as, but not limited to, lands located on adjacent lands or lands lying in close
proximity to the gated lands) which are subjected to the scope of this Declaration as a part of the
Property.
1.15 "Community Entry Features" means the signage, structures, buildings, access gates,
gatehouses and other improvements and associated landscaping existing or to be placed at or near any
or all entrances to the Community. The Community Entry Features will be placed in such location(s) and
elsewhere along the median and parkways within adjacent or nearby right(s)-of-way from time to time, or
on Common Property or elsewhere on or off the Property at or near the entrance(s)to the Community.
1.16 "Community Wide Standards" means the standards of conduct, maintenance or other
activity generally prevailing throughout the Property. Such standards may be more specifically
determined by Declarant so long as Declarant owns one or more Lots or Parcels within the Community.
Community Wide Standards shall be set forth in this Declaration or as a part of the Rules and
Regulations.
1.17 "County" means Collier County, Florida.
1.18 "Declarant" means WCI Communities, LLC, a Delaware limited liability company ("WCI"),
and its successors, assigns, and designees, including, but not limited to, assigns by operation of law.
The term "Declarant" shall not include any Person (including a joint venture involving Declarant) who
purchases a Lot or Parcel; provided, however, a subsequent owner of a portion of the Property may be
specifically assigned a portion of the rights held by WCI as Declarant hereunder and such assignee shall
be deemed a Declarant but limited to only exercise such rights of Declarant as WCI specifically assigned
with respect to the portion of the Property identified in the assignment. If, however, such purchaser is
specifically assigned all the rights held by WCI as Declarant hereunder, such assignee shall be deemed
Declarant and may exercise all the rights of Declarant hereunder. Any full or partial assignment of
Declarant's rights shall be by an express written assignment recorded in the public records of the County,
specifically setting forth the description of the rights assigned and the specific property of assignee to
which the assigned rights apply. Any partial assignment may be made on a non-exclusive basis and in
the event of a dispute between WCI (and its successors or assignee of full Declarant's rights hereunder)
and any assignee of a portion of Declarant's rights hereunder, the exercise of rights by WCI as Declarant
hereunder(and its successors or assignee of full Declarant's rights) shall be controlling.
1.19 "Declaration" means this instrument, entitled "Declaration of Covenants and Restrictions
for Sereno Grove," as may be amended and supplemented from time to time, together with its exhibits.
1.20 "First Mortgage" means a valid mortgage having priority over all other mortgages on the
same portion of the Property.
1.21 "First Mortgagee" means the holder or owner of a First Mortgage.
1.22 "Governing Documents" means collectively this Declaration, the Articles, the By-Laws,
the Rules and Regulations, and any other instrument which governs the operation and/or use of the
Property and the duties and obligations of the Association.
1.23 "Governmental Entity" means collectively the agencies of the local, state or federal
government having jurisdiction over all or a portion of the Property, including, but limited to, the County.
114216177.6 3
1 6 A 1
1.24 "Home" means any residential dwelling that has been completed and for which a
certificate of occupancy has been issued, and which has been conveyed to a Person other than
Declarant. To the extent the context dictates or requires for proper interpretation, "Home" shall be
interpreted to mean a Lot together with the improvements contained thereon.
1.25 "Initial Purchaser" means the initial third party purchaser of a Lot, such purchaser having
been conveyed such Lot by Declarant.
1.26 "Institutional Lender" means the holder of a First Mortgage encumbering any portion of
the Property, which holder in the ordinary course of business makes, purchases, guarantees, or insures
mortgage loans, and which is not owned or controlled by the Owner of the Property encumbered. An
Institutional Lender may include, but is not limited to, a bank, savings and loan association, insurance
company, real estate or mortgage investment trust, pension or profit sharing plan, mortgage company,
the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, an agency of
the United States or any other governmental authority, or any other similar type of lender generally
recognized as an institutional-type lender. For definitional purposes only, an Institutional Lender also shall
mean the holder of any mortgage executed by or in favor of Declarant, whether or not such holder would
otherwise be considered an Institutional Lender.
1.27 "Lot" means a subdivided lot created by a subdivision plat and designed for residential
use through construction of a Home thereon.
1.28 "Member" means a member of the Association, as provided in this Declaration, the
Articles and the By-Laws.
1.29 "Owner" means any Person who from time to time holds record fee simple title to any Lot
or Parcel (or any part thereof, as and to the extent applicable). A builder who holds title to a Lot or Parcel
is an Owner.
1.30 "Parcel" means a portion of the Residential Property developed or anticipated to be
developed as single family detached homes, zero lot-line detached single family homes, multi-family
structures, duplexes, townhouses or multi-story attached dwellings.
1.31 "Person" means any natural person or artificial entity having legal capacity.
1.32 "Property" means and refers to that certain real property identified in Article 2 hereof.
1.33 "Resident" means an occupant of a Home who is not an Owner, but occupies pursuant to
a lease or other formalized arrangement with such Owner pursuant to the terms of this Declaration,
including all approvals required therein.
1.34 "Residential Property" means all of the Property excluding any lands conveyed to the
Association or which otherwise constitute or shall constitute a portion of the Common Property.
1.35 "Rules and Regulations" means the rules and regulations adopted by the Board, as same
may be amended from time to time.
1.36 "SFWMD" means the South Florida Water Management District.
1.37 "SFWMD Permit" means the permit(s) issued by SFWMD from time to time with regard to
the Community (and shall be deemed to include any environmental resource permit as issued by SFWMD
pertaining to the Property).
1.38 "Surface Water Drainage and Management System" means the system defined in
Section 10.2 hereof.
1.39 "Telecommunications Provider" means any party contracting with the Association to
provide Owners with one or more Telecommunication Services, if any. Declarant, its affiliates,
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subsidiaries, joint venturers, associates, and partners may be a Telecommunications Provider. With
respect to any particular Telecommunications Services, there may be one or more Telecommunications
Providers. By way of example, with respect to multichannel video programming service, one
Telecommunications Provider may provide the Association such service while another may own, maintain
and service the Telecommunications Systems that allow delivery of such multichannel video programming
service.
1.40 "Telecommunications Services" means local exchange services provided by a certified
local exchange carrier or alternative local exchange company. Without limiting the foregoing, such
Telecommunications Services may, but shall not necessarily, include the provision of the following
services: toll calls; data transmission services; telephone services; basic and expanded basic cable
television service; internet service; multichannel video programming service; and premium and
community channels.
1.41 "Telecommunications Systems" means all facilities, items and methods required and/or
used in order to provide Telecommunications Services to the Property. Without limiting the foregoing,
Telecommunications Systems may include wires (fiber optic or other material), conduits, passive and
active electronic equipment, pipes, wireless cell sites, computers, modems, satellite antennae site(s),
transmission facilities, amplifiers, junction boxes, trunk distribution, drop cables, related apparatus,
converters, connections, head-end antennae, earth station(s), appurtenant devices, network facilities
necessary and appropriate to support provision of local exchange services and/or any other item
appropriate or necessary to support provision of Telecommunications Services. Ownership and/or control
of all or a portion of any part of the Telecommunications Services may be bifurcated among network
distribution architecture, system head-end equipment, and appurtenant devices (e.g., individual
adjustable digital units).
1.42 "Transfer of Control" means that date upon which Declarant transfers majority control of
the Board as provided in Article 13 hereof.
All definitions contained in the Governing Documents other than this Declaration are hereby incorporated
into this Declaration (most specifically the definitions contained in the exhibits to this Declaration).
ARTICLE 2: PROPERTY SUBJECT TO THIS DECLARATION; GENERAL PLAN OF DEVELOPMENT
2.1 Subject Property. The Property which shall be held, transferred, sold, conveyed, leased,
mortgaged, used and occupied subject to this Declaration is located within the County, and is more
particularly described in the descriptions attached hereto as Exhibit A and incorporated by this reference
as fully as if specifically repeated herein, together with any additions thereto and less any deletions
therefrom pursuant to Article 11 hereof.
2.2 Expansion of Community. Declarant has the right, acting in its sole discretion, but not the
obligation, to expand the Community from time to time by adding additional land, or to change the number
or type of Parcels, Lots, Homes, and any other residential concepts, amenities or other features of the
Community.
2.3 Long Term Development. Some areas of the Community may be under development for
extended periods of time. Incident to the development process, the quiet enjoyment of the Community
may be unavoidably interfered with to some extent by the construction operations. From time to time,
Declarant, builders and others may present to the public or display certain renderings, plans and models
showing possible future development of the Community. Declarant does not warrant in any way that the
schemes in these renderings, plans or models will actually be developed. Any such renderings, plans or
models are primarily thematic and in no way represent a guaranteed final development plan for the
Community.
ARTICLE 3: COMMON PROPERTY
3.1 Appurtenances. The benefit of all rights and easements granted by this Declaration with
regard to the Common Property constitute a permanent appurtenance to, and will pass with, the title to
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every portion of the Property enjoying such benefit. Whenever any such rights or easements are
described as non-exclusive by this Article, its benefit nevertheless is exclusive to all Owners and other
Benefited Parties granted such benefit by this Article, unless this Article expressly grants such benefit to
other Persons. In no event will the benefit of any such easement extend to the general public.
3.2 Conveyance by Declarant. Declarant shall have the right to convey title to any portion of
the Property, or any easement or interest therein, to the Association as Common Property in an as-is,
where-is condition, and the Association shall be required to accept such conveyance. Any such
conveyance shall be effective upon recording the deed or instrument of conveyance in the public records
of the County. Notwithstanding the foregoing, Declarant shall not have the obligation to develop and/or
convey any portion of the Property to the Association as Common Property, and if Declarant desires to
convey any portion of the Property to the Association, the timing of the conveyance shall be in the sole
discretion of Declarant.
3.3 Conveyance by any Person. Any Person other than Declarant may convey title to any
portion of the Property, or any easement or interest therein, to the Association as Common Property, but
the Association shall not be required to accept any such conveyance, and no such conveyance shall be
effective to impose any obligation for the maintenance, operation or improvement of any such property
upon the Association, unless the Board expressly accepts the conveyance by having an officer of the
Association acknowledge such acceptance on the deed or other instrument of conveyance or by
recording a later written acceptance of such conveyance in the public records of the County.
3.4 Use and Benefit. All Common Property owned or leased by Association shall be held by
the Association for the use and benefit of the Association, the Benefited Parties, and any other Persons
authorized to use the Common Property or any portion thereof by Declarant or the Association. All
Common Property shall be used for all proper and reasonable purposes and uses for which the same are
reasonably intended, subject to (a) the terms of this Declaration, (b) the terms of any easement,
restriction, reservation or limitation of record affecting the Common Property or contained in the deed or
instrument conveying the Common Property to the Association, and (c) any rules and regulations adopted
by the Association. The Association may restrict use of any portion of the Common Property when the
nature of such property is not intended for the use of some of the Benefited Parties or may restrict the
type of use or times of use in any way deemed appropriate by the Board. An easement and right for such
use of the Common Property is hereby created in favor of all Benefited Parties, appurtenant to the title to
their portion of the Property, subject to any rules and regulations promulgated by the Association. In
addition, (x) Declarant shall have the right, in its sole discretion, to permit access to and use of the
Common Property to and by individuals other than as so described herein for so long as Declarant owns
any portion of the Property, and (y) Declarant retains and reserves the right to grant easements and rights
of way in, to, under and over the Common Property so long as Declare nt is a member of the Association
for such purposes as Declarant shall reasonably deem necessary or helpful in connection with the
development, sale or operation of the Community.
3.5 Additions, Alterations or Improvements.
3.5.1 On or before Transfer of Control. On or before Transfer of Control, the
Association shall have the right to make additions, deletions, alterations or improvements to the Common
Property (if any) and to purchase any personal property as it deems necessary or desirable from time to
time. The cost and expense of any such additions, deletions, alterations or improvements to the
Common Property, or the purchase of any personal property, shall be a Common Expense.
3.5.2 Subsequent to Transfer of Control. Subsequent to Transfer of Control, the
Association shall have the right to make additions, alterations or improvements to the Common Property,
and to purchase any personal property as it deems necessary or desirable from time to time; provided,
however, that the approval of a majority of the Members present in person or by proxy at a duly called
meeting of the Association shall be required for any addition, alteration or improvement, or any purchase
of personal property, for which the annual expense exceeds 10% of the Annual Budget (as defined
hereinafter) in effect at the time the addition, alteration, improvement or purchase is contemplated by the
Association. The foregoing approval shall in no event be required with respect to expenses incurred in
connection with the maintenance, repair or replacement of existing Common Property, or any existing
improvements or personal property associated therewith, or with respect to any property being conveyed
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to the Association by Declarant. The cost and expense of any such additions, alterations or
improvements to the Common Property, or the purchase of any personal property, shall be a Common
Expense.
3.5.3 Declarant Alterations. So long as Declarant owns any portion of the Property,
Declarant shall have the right to make any additions, alterations or improvements to the Common
Property, or to amend the description of the Common Property, as may be desired by Declarant in its sole
discretion from time to time, at Declarant's expense.
3.6 Dedications. Declarant hereby reserves the right to dedicate, grant or convey any portion
of the Property owned by it, or any interest or easement therein, to any Governmental Entity or private or
public utility company. Declarant also shall have the right to direct the Association to likewise dedicate,
grant or convey any Common Property, or any interest or easement in any Common Property, owned by
the Association whereupon the Association shall execute such documents as will be necessary to
effectuate such dedication; provided, however, that this right of Declarant shall terminate when Declarant
either is no longer a Member or has duly executed and recorded in the public records of the County a
notice releasing and waiving this right, whereupon the right shall be vested solely within the Association.
Any portion of the Property, or any interest or easement therein, which is dedicated, granted or conveyed
pursuant to this provision shall not be subject to this Declaration, unless the instrument so dedicating,
granting, or conveying such portion of the Property, interest or easement specifically provides that same
shall remain subject to this Declaration.
3.7 Association Rights as to Common Property. The rights and easements of the Benefited
Parties and, in general, the use of the Common Properties shall be subject to the following:
3.7.1 The right of the Association to limit the use of the Common Properties (including,
specifically, wetland, preserve and conservation areas).
3.7.2 The right of the Association to suspend the enjoyment rights of an Owner, if and
up to the maximum extent permitted by law, for any period during which any Assessment remains unpaid,
or for any infraction of the Rules and Regulations or this Declaration.
3.7.3 The right of the Association to dedicate or transfer all or any part of the Common
Property owned by the Association to any Governmental Entity or public or private utility for purposes
associated with such entities. No such dedication or transfer shall be effective unless the Members
entitled to cast at least 67% of the total eligible Class A voting interests and 100% of the Class B voting
interests agree to such dedication or transfer; provided, however, that this paragraph shall not preclude
(a) the Association, on or before Transfer of Control pursuant to Section 13.1 hereof, from dedicating or
transferring all or any portion of the Common Property owned by the Association to any public agency,
authority or utility for such purposes without the consent of the Owners; (b) the Board from granting
specific easements for the installation and maintenance of electrical, telephone, special purpose cable for
television and other uses, water and sewer, fire protection, trash collection and utilities and drainage
facilities and other utilities or services of the like, upon, over, under and across the Common Property
without the consent of the Members; or(c) prevent Declarant from granting such specific easements with
regard to any portion of the Property owned by Declarant, including any Common Property, without the
consent of the Members.
3.7.4 The right of the Association to impose reasonable Rules and Regulations with
respect to the use of the Common Properties in addition to those set forth herein.
3.7.5 The restrictions and conditions of any applicable zoning ordinance or
development order, or any other regulation, rule or statute.
3.8 Extension of Rights and Benefits. Every Owner shall automatically have the rights and
easements of enjoyment vested in him under this Article extended to each of the applicable Benefited
Parties, and to such other persons as may be permitted by the Association.
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3.9 Lease and Operation. The Association shall have the right to enter into agreements for
the lease or operation of all or a portion of the Common Property, whether or not for profit.
3.10 Maintenance Agreements. Declarant, and after Declarant no longer owns any portion of
the Property, the Association, shall have the right to enter into agreements for lease, use, license,
maintenance or easement with any Governmental Entity or public or private utility in order to obligate the
Association to maintain and/or upkeep certain real property not owned by Declarant or the Association
and which may or may not constitute a portion of the Property, including, without limitation, any roads,
right-of-ways, medians, swales and berms. All expenses to the Association resulting from any such
agreements shall be Common Expenses.
3.11 Mortgage and Sale of Common Property. Unless in connection with a specific provision
of this Declaration, the Association shall not abandon, partition, subdivide, encumber, mortgage, sell or
transfer any Common Property owned by the Association without the approval of at least 67% of the total
eligible Class A voting interests eligible to vote and all of the Class B votes. If ingress or egress to any
portion of the Property is through any Common Property, any conveyance or encumbrance of such
Common Property shall be subject to an appurtenant easement for ingress and egress in favor of the
Owner(s) of such portion of the Property, unless alternative ingress and egress is provided to the
Owner(s).
ARTICLE 4: NON-RESIDENTIAL ACTIVITIES
4.1 General Exclusion for Non-Residential Activities. No non-residential (i.e., commercial)
activity of any nature shall be permitted on the Property, except as specifically provided in this Article or
otherwise specifically stated in other portions of this Declaration.
4.2 Specific Exemptions for and Reserved Rights to Declarant. Until such time as Declarant
no longer owns any portion of the Property, Declarant shall be entitled to:
4.2.1 develop and construct Homes and residential improvements in the Community as
it deems necessary or desirable from time to time, and to modify the general plan of development as
Declarant desires in its sole discretion from time to time;
4.2.2 conduct any and all sales and marketing activities deemed necessary or
desirable in Declarant's sole discretion for the sale and resale of the Lots and Parcels or residential
properties in other communities being developed by Declarant or its related entities;
4.2.3 construct on any portion of the Common Property or any lands owned or leased
by Declarant portable, temporary or accessory structures to be used for Declarant's sales, marketing,
construction or general office purposes or as may be otherwise deemed necessary or desirable in
Declarant's sole discretion;
4.2.4 allow guests or potential purchasers of a Lot or Parcel to occupy, on a short-
term, temporary or guest basis, a Home owned or leased by Declarant (so as to further Declarant's sales
and marketing activities);
4.2.5 conduct tours of the Community to any persons as desired by Declarant;
4.2.6 conduct commercial enterprises on the Property as deemed necessary or
desirable by Declarant;
4.2.7 construct, maintain and use maintenance facilities and buildings as may be
needed from time to time for the proper operation of the Community and to permit the Association to
perform its duties hereunder;
4.2.8 temporarily deposit, store, dump or accumulate materials, trash, refuse and
rubbish in connection with the development or construction of any portion of the Community;
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4.2.9 post, display, inscribe or affix to the exterior of any portion of the Common
Property, or other portions of the Community owned by Declarant, signs or others materials used in
developing, constructing, selling or promoting the sale of any portion of the Community, including, without
limitation, Lots and Parcels;
4.2.10 excavate fill from any lakes or waterways within and/or contiguous to the
Community by dredge or dragline or any other method, store fill within the Community and remove and/or
sell excess fill, and grow or store plants and trees within, or contiguous to, the Community and use and/or
sell excess plants and trees;
4.2.11 construct, maintain and use buildings and offices necessary for the management
of the Community and the Association by a related or third party property management company;
4.2.12 undertake, promote and hold marketing, promotional and/or special events within
the Community from time to time as deemed or desirable by Declarant in its sole discretion;
4.2.13 utilize the Common Property for:
4.2.13.1 corporate, sales, marketing and management activities,
including, but not limited to, installation of displays and signs and utilization of office and other areas
within the Common Property by Declarant's employees or other authorized personnel; and
4.2.13.2 commercial enterprises which are deemed necessary and
desirable by Declarant in its sole discretion. Such commercial enterprises may, but shall not necessarily,
include, the operation of (a) gift and/or pro shop, (b) health and wellness facilities, (c) restaurants, and
bars, and (d) maintenance facilities, all as may be needed or desired by Declarant from time to time;
4.2.14 undertake any other activities which, in the sole opinion of Declarant, are
necessary for the promotion, development and sale of any portion of the Community or any other projects
owned or developed by Declarant or its affiliated entities; and
4.2.15 convey vacant or undeveloped Lots to other builders or third parties.
No amendment to this Section 4.2 shall be effective without Declarant's prior written consent for so long
as Declarant owns any portion of the Property.
ARTICLE 5: USE AND ARCHITECTURAL RESTRICTIONS
5.1 Applicability of this Article to the Residential Property — In General and Specific
Provisions.
5.1.1 In General. All use and development of the Residential Property shall conform to
the provisions of this Declaration and any other restrictive covenants recorded against all or a portion of
the Property, as may be amended from time to time. The Residential Property shall be used only for
residential single family and related purposes. A Home, Lot or Parcel shall not be utilized for "collective
housing" of employees directly or indirectly related to a business entity or its affiliates. Examples of
collective housing shall include, but shall not necessarily be limited to, housing utilized for construction
workers, restaurant and bar employees, student housing, food service industry employees, and allied
health professionals. The Association, acting through its Board of Directors, shall have standing and the
power to enforce standards imposed by the Declaration, and each Owner, by virtue of taking title to a Lot
or Parcel, hereby acknowledges and consents, and shall be deemed to have acknowledged and
consented, to the Association's powers under this Declaration, including specifically this Article 5
5.1.2 Specific Provisions. In accordance with the applicable provisions of the County's
approvals for the development of the Community, Lots 17, 18, 19, 20, 21,22, 23, 24 and 45, as depicted
on the Plat, shall only be permitted to contain a single-story Home and shall not exceed one story in
height, per the County's Land Development Code.
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5.2 Specific Exemption for Declarant. Notwithstanding anything to the contrary herein,
Declarant shall be exempt from application of the terms and provisions of this Article so long as it owns
any portion of the Property. This Section 5.2 shall not be amended without the prior written consent of
Declarant for so long as Declarant owns any Lot or Parcel.
5.3 Article 5 Provisions Not Comprehensive. This Article contains provisions and restrictions
which permit or prohibit certain conduct or uses and which may require certain permitted uses to be
approved by the ARC pursuant to this Declaration. The provisions and restrictions of this Article are
illustrative only and shall in no event be deemed a comprehensive list of items subject to approval
hereunder.
5.4 Rules and Regulations. The Association, acting through its Board of Directors, shall have
the authority to make and to enforce reasonable Rules and Regulations that provide standards governing
the use of the Property, in addition to those contained herein.
5.5 Owners and Authorized Users Bound; Owner's Liability.
5.5.1 In General. Use restrictions shall be binding upon all Owners and Authorized
Users of Lots and Parcels and other portions of the Property. All provisions of the Governing Documents
which govern the conduct of Owners and which provide for sanctions against Owners shall also apply to
all Authorized Users. Every Owner shall cause his or her Authorized Users to comply with the Governing
Documents, and shall be responsible for all violations and losses to the Property caused by such
Authorized Users, notwithstanding the fact that such Authorized Users are fully liable and may be
sanctioned for any violation of the Governing Documents.
5.5,2 Right to Cure. Should any Owner do any of the following:
5.5.2.1 Fail to perform its responsibilities as set forth herein or otherwise violate
or breach the provisions of the Governing Documents; or
5.5.2.2 Cause any damage to any improvement or to any portion of the
Residential Property or the Common Property; or
5.5.2.3 Impede Declarant or the Association from exercising its rights or
performing its responsibilities hereunder, including obligations under any applicable permits; or
5.5.2.4 Undertake unauthorized improvements or modifications to any portion of
the Residential Property or the Common Property; or
5.5.2.5 Impede Declarant from proceeding with or completing the development
of the Community,
Declarant and/or the Association, where applicable, after reasonable prior written notice, shall have the
right, through its agents and employees, to cure such violations or breaches, including, but not limited to,
by entering upon the Home and/or Lot or Parcel and causing the violation or breach to be remedied
and/or the required repairs or maintenance to be performed, or as the case may be, remove unauthorized
improvements or modifications. The cost of curing such violations or breaches, plus reasonable overhead
costs and attorneys' fees and paraprofessional fees at all levels, including appeals, collections and
bankruptcy, shall be assessed against the Owner as a Specific Assessment.
5.5.3 Non-Monetary Defaults. In the event of a violation or breach by any Owner,
other than the nonpayment of any Assessment or other monies, of any of the provisions of this
Declaration, Declarant or the Association shall notify the Owner of the violation, by written notice. If such
violation is not cured as soon as practicable and in any event within 7 days after receipt of such written
notice, the party entitled to enforce same may, at its option:
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5.5.3.1 Commence an action to enforce the performance on the part of the
Owner or to enjoin the violation or breach or for equitable relief as may be necessary under the
circumstances, including injunctive relief; and/or
5.5.3.2 Commence an action to recover damages; and/or
5.5.3.3 Take any and all actions reasonably necessary to correct the violation or
breach.
All expenses incurred in connection with the violation or breach, or the commencement of any action
against any Owner, including reasonable attorneys' fees and paraprofessional fees at all levels, including
appeals, collections and bankruptcy, shall be assessed against the Owner as a Specific Assessment, and
shall be immediately due and payable without further notice.
5.5.4 No Waiver. The failure to enforce any right, provision, covenant or condition in
this Declaration, shall not constitute a waiver of the right to enforce such right, provision, covenant or
condition in the future.
5.5.5 Rights Cumulative. All rights, remedies, and privileges granted to Declarant, the
Association and/or the ARC pursuant to any terms, provisions, covenants or conditions of this
Declaration, or the ARC Guidelines, shall be deemed to be cumulative, and the exercise of any one or
more of same shall neither be deemed to constitute an election of remedies, nor shall it preclude any of
them from pursuing such additional remedies, rights or privileges as may be granted or as it might have
by law.
5.5.6 Enforcement By or Against Other Persons. In addition to the foregoing, this
Declaration or the ARC Guidelines may be enforced by Declarant and/or, where applicable, the
Association by any procedure at law or in equity against any person violating or attempting to violate any
provision herein or contained in the ARC Guidelines, to restrain such violation, to require compliance with
the provisions contained herein, to recover damages, or to enforce any lien created herein or in the ARC
Guidelines. The expense of any litigation to enforce this Declaration or the ARC Guidelines shall be borne
by the person against whom enforcement is sought, provided such proceeding results in a finding that
such person was in violation of this Declaration or the ARC Guidelines.
5.5.7 Suspensions and Fines.
5.5.7.1 In the event an Owner is more than 90 days delinquent in the payment of
a monetary obligation due to the Association, the Board shall have the power, but not the duty, to
suspend (i) the right of an Owner, such Owner's tenant, guest, or invitee, and a Resident to use Common
Property or facilities, and (ii) the voting rights pertaining to a Lot or Parcel (the vote pertaining to such
suspended Lot or Parcel shall not be counted towards the total number of voting interests as specified in
the Act). The notice and hearing requirements applicable to suspension of rights in Section 5.5.7.2
hereof are not applicable to this Section 5.5.7.1. Any imposed suspension pursuant to this Section
5.5.7.1will end upon full payment of all obligations currently due or overdue to the Association.
5.5.7.2 Separate and apart from, but not in a manner inconsistent with, Section
5.5.7.1 hereof, the Association shall have the power to suspend, for a reasonable period of time, the
rights of an Owner and/or such Owner's tenants, guests or invitees and/or the Authorized Users of a Lot
or Parcel to use the Common Property, and to levy reasonable fines against same not to exceed the
greater of$100.00 per violation or the maximum amount allowed under the Act for activities which violate
the provisions of the Governing Documents. No fine or suspension (other than suspensions due to a
monetary obligation delinquency of more than 90 days pursuant to Section 5.5.7.1 hereof) may be
imposed except upon 14 days prior written notice to the person sought to be suspended or fined, and
such person having an opportunity for a hearing before a committee of at least 3 Owners of the
Association selected solely by the Board. A fine may be levied for each day of a continuing violation, with
a single notice and opportunity for hearing, and fines of a continuing nature may be charged up to a
maximum of $10,000. A fine of more than $1,000 may become a lien against the Lot or Parcel. Such
committee shall be appointed by the Board and shall not be composed of any officers, directors or
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employees of the Association, nor any spouse, parent, child, brother or sister of any officer, director or
employee. No fine or suspension (other than suspensions due to a monetary obligation delinquency of
more than 90 days pursuant to Section 5.5.7.1 hereof) may be imposed except upon majority approval of
the Owners of such committee. Suspension of rights to use the Common Property shall not include any
right to restrict vehicles and pedestrians ingress and egress to and from the applicable Lot or Parcel. The
voting rights of an Owner may not be suspended by the Association (other than suspensions due to a
monetary obligation delinquency of more than 90 days pursuant to Section 5.5.7.1 hereof).
5.6 Parking and Vehicular Restrictions.
5.6.1 Location of Parking.
5.6.1.1 No vehicle shall be parked anywhere but on paved areas intended for
that purpose.
5.6.1.2 Parking on lawns or landscaped areas is prohibited, unless specifically
approved or designated by the Board for such purpose.
5.6.1.3 Owners' vehicles shall be parked in the garage or driveway of or
pertaining to a Lot or Parcel. In no manner shall an Owner's vehicles block or impede, in whole or in part,
a sidewalk.
5.6.1.4 No parking shall be permitted on any street or alleyways contained within
the Community, save and except for street parking in designated areas specifically contemplated for
vehicular parking.
5.6.1.5 No vehicle shall be permitted to park overnight within the Community
which cannot be parked within the size of a private parking garage with the garage door closed.
5.6.2 Number of Vehicles.
5.6.2.1 No more than 2 vehicles of any type may be parked overnight in the
driveway of a Lot containing a 2 car garage without the written consent of the Association.
5.6.2.2 No more than 3 vehicles of any type may be parked overnight in the
driveway of a Lot containing a 3 car garage without the written consent of the Association.
5.6.3 Unlicensed Vehicles. No unlicensed vehicle or vehicle which cannot operate on
its own power shall remain in the Community for more than 12 hours, except as contained within the
closed confines of the garage of or pertaining to a Lot or Parcel.
5.6.4 Repairs. No repair, except for emergency repair, of vehicles shall be made
within the Community, except within the closed confines of the garage of or pertaining to a Lot or Parcel.
5.6.5 Commercial Vehicles.
5.6.5.1 No "commercial vehicle" (i) shall be permitted to be parked in the
Community for a period of more than 4 hours per day unless such commercial vehicle is temporarily
present and necessary in the actual construction, maintenance or repair of a Home, Lot or Parcel or other
improvements in the Community, or (ii) shall be permitted to be parked overnight or stored in the
Community unless fully enclosed within a garage. Any local, state or federal government vehicle which is
clearly so identified that is assigned to an Owner shall be exempt from this Section 5.6.5.1.
5.6.5.2 For purposes of clarity, no Owner, Resident or Authorized User shall be
permitted to park a limousine or like vehicle upon any portion of the Property, regardless of whether or not
such limousine or like vehicle is intended by such Owner or Resident to be that person's primary vehicle
and mode of transportation.
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5.6.5.3 For the purposes hereof, "commercial vehicle" means a vehicle which is
determined by the Association to be for a commercial purpose (and the Association shall take into
consideration, among other factors, lettering, graphics or signage located on or affixed to the exterior of
the vehicle which identifies a business or commercial enterprise, but the existence of such lettering,
graphics or signage shall not be dispositive).
5.6.6 Prohibited Vehicles and Uses. No boats, jet skis, wave runners, boat trailers,
trailers of any kind, campers, motor homes, mobile homes, truck campers, mopeds, buses, limousines or
other like vehicles shall be permitted to be parked in the Community unless (a) kept at all times fully
enclosed within a private parking garage with the garage door shut at all times except for periods of
ingress and egress, or(b) parked in an area designated by Declarant for such purposes. No vehicle shall
be used as a domicile or residence, temporarily or permanently.
5.6.7 Gas or Electric Golf Carts: Low Speed Vehicles.
5.6.7.1 No private golf carts (gas or electric) as defined under Section
320.01(22), F.S. or any other cart-like vehicle (collectively, "Golf Carts") shall be permitted in the
Community, save and except for Golf Carts (a) which are used by Declarant in the course of its sale and
development of the Community (in which case such Golf Carts shall be permitted upon the roadways and
Common Properties of the Community), or (b) which are used by the Association in the fulfillment of its
duties in and for all or part of the Community (in which case such Golf Carts shall be permitted upon the
roadways and Common Properties of the Community). Each Owner, by virtue of taking title to a Lot or
Parcel, hereby acknowledges and agrees, and shall be deemed to have acknowledged and agreed, that
private Golf Carts are not permitted on or within a Lot or Parcel and that Golf Carts shall only be permitted
in the limited fashion prescribed by this Section 5.6,7.1. No amendment or modification to this Section,
5.6.7.1 shall be effective without the prior written consent of Declarant for so long as Declarant owns any
portion of the Property.
5.6.7.2 Separate and apart from Section 5.6.7.1 above, "Low Speed Vehicles"
(as defined in Section 320.01(41), F.S.) shall be permitted within the Community, provided that (a) the
Florida Department of Transportation has not made a determination that the use of Low Speed Vehicles
on and within the roadways of the Community is prohibited based upon the interests of safety, (b) the
owner and/or operator of such Low Speed Vehicle complies with all governmental requirements,
including, but not limited to, the requirements of Section 316.2122, F.S., (c) the Low Speed Vehicle is
only utilized on roadways intended for use by automobiles, and shall not be utilized on any other portion
of the Common Property, including, but not limited to, sidewalks, pathways and grass areas, (d) the Low
Speed Vehicle shall be kept on a Lot or Parcel at all times fully enclosed within a private parking garage
with the garage door shut at all times except for periods of ingress and egress, (e) the owner or operator
of a Low Speed Vehicle shall register such vehicle with the Association in accordance with applicable
Rules and Regulations, and (f) the owner or operator of a Low Speed Vehicle shall comply with any
additional applicable rules and regulations promulgated by the Association.
5.6.8 Exemptions. In addition to any other exemptions from the provisions of this
Section 5.6 stated otherwise, this Section does not apply to vehicles utilized for sales, construction or
maintenance operations of or by Declarant or the Association.
5.6.9 Amendments to this Section. No amendment or modification to this Section 5.6
shall be effective without the prior written consent of Declarant for so long as Declarant owns any portion
of the Property. The Association may, but shall not be obligated to, promulgate rules and regulations and
clarify the provisions and objectives of this Section 5.6.
5.6.10 Garage Doors. The garages for all Homes on Lots or Parcels shall be equipped
with automatic garage doors. Garage screen doors are not permitted in any fashion, based upon the
declared intent to maintain a proper aesthetic within the Community.
5.7 Driveways. All driveways in the Community shall be paved and/or constructed of pavers
and of stable and permanent construction. Unless prior written approval of the ARC is obtained, the
driveway base shall be concrete or brick pavers. No driveway surface shall be painted, repainted, or
otherwise artificially colored or recolored without the prior written approval of the ARC.
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5.8 Traffic Regulation. The Association may, but shall not be obligated to, employ
individuals, enter into one or more agreements to enforce rules and regulations concerning operation of
motorized vehicles, parking restrictions and to otherwise provide a more enjoyable environment, on the
internal roads of the Community.
5.9 Animals and Pets.
5.9.1 Number of Pets; Breed Restrictions. No more than a total of 3 commonly
accepted household pets (such as dogs and cats) may be kept within or upon a Lot or Parcel, except that
pets that are of a known vicious breed such as "Pit Bulls," "Bull Terriers," "Chows," "Rottweilers" or other
like breeds are not permitted.
5.9.2 Prohibited Animals. Swine, goats, horses, pigs, cattle, sheep, chickens, and the
like, are hereby specifically prohibited from being kept or maintained within the Community. Animals,
fowl, birds and reptiles which are deemed by the Board to be obnoxious are prohibited. The determination
of what is or what may be obnoxious shall be determined by the Association in its sole discretion. No
animal breeding or sales as a business shall be permitted in the Community.
5.9.3 Prohibited Actions. No pet or animal shall be kept on the exterior of a Home, Lot
or Parcel, or upon the Common Property, or left unattended in a yard or on a balcony, porch, patio or
lanai. All pets (including cats) shall be walked on a leash when outside of the physical boundaries of a
Home, and no pet shall be permitted to be kept outside of the boundaries of a Home while such pet's
owner is away from the Home or overnight (meaning that no pet shall be permitted to sleep outside of the
physical boundaries of a Home). No pet shall be permitted to leave its excrement on any portion of the
Property, and the owner of such pet shall immediately remove the same.
5.9.4 Nuisance. A determination by the Board that an animal or pet kept or harbored
in a Home on a Lot or Parcel is a nuisance shall be conclusive and binding on all parties. When notice of
removal of any pet is given by the Board, the pet shall be removed within 48 hours of the giving of the
notice.
5.9.5 Limitations on Amendment. No amendment to this Section 5.9 shall be permitted
except upon the prior written consent of Declarant for so long as Declarant owns any portion of the
Property.
5.9.6 Agreement of Owners. Each Owner, by virtue of taking title to a Lot or Parcel,
shall indemnify the Association and Declarant and hold them harmless from and against any loss or
liability of any kind or character whatsoever arising from such Owner having any pet upon any portion of
the Property.
5.9.7 Rules and Regulations. The Association shall have the power and right to
promulgate rules and regulations in furtherance of the provisions of this Section, including, but not limited
to, weight limitations, the number of pets and breeds of pets.
5.10 Nuisances; Hazardous Materials. No noxious or offensive activity shall be conducted
upon any portion of the Residential Property, nor shall anything be done thereon which may become an
annoyance or nuisance to the Community or its members. No inflammable, combustible or explosive fluid
or chemical substance shall be kept on any portion of the Residential Property except such as are
required for normal household use, and same shall be kept within a Home or upon a Lot or Parcel.
5.11 Trash; Garbage Containers; Recycling Containers.
5.11.1 No portion of the Property shall be used or maintained as a dumping ground for
rubbish.
5.11.2 Trash, garbage or other waste shall be maintained in sanitary containers with
lockable tops, and all trash containers shall be kept in a clean and sanitary condition. If provided by a
service provider, containers to hold recycling and garbage shall be utilized by each Owner. If recycling
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and garbage containers are not provided by a service provider, the Association shall issue specifications
for acceptable containers.
5.11.3 With regard to all Homes, all trash containers shall be stored in the garage of or
pertaining to a Home, and all trash containers shall be taken to curbside in front of the Home on the
morning of collection and returned to their area of storage by the end of the day on which trash was
collected.
5.11.4 An Owner shall be permitted to store such sanitary containers, as well as
recycling containers, in an area located on the exterior of the Home, provided that such area shall be
enclosed with screening or landscaping in a manner specified by the ARC (and in any event no Owner
shall undertake such storage on the exterior of a Home without the prior written consent of the ARC).
5.12 Satellite Dishes. Satellite dishes, aerials, antennas and all lines and equipment related
thereto located wholly within the physical boundaries of a Home shall be permitted without any
requirement for approval from the Board of Directors. Satellite dishes, aerials and antennas (including,
but not limited to, ham radio antennas) shall not be permitted on the non-enclosed dwelling portions of the
Residential Property except to the extent required to be permitted by applicable law (including, but not
limited to, the Federal Telecommunications Act of 1996). The Association shall have the right and
authority, in its sole discretion and from time to time, to promulgate rules and regulations, provided same
are not violative of federal law, concerning the size and location of, and safety restrictions pertaining to,
the installation of such signal reception equipment. To the extent permitted by applicable law, satellite
dishes shall be required to be hidden from view from adjacent lands through location and landscaping
techniques.
Notwithstanding any provision to the contrary, only antennae, aerials and satellite dishes which
are designed to receive signals shall be permitted (i.e., no antennae and satellite dishes which broadcast
a signal shall be permitted) on a Lot or Parcel. The preceding sentence shall be deemed inapplicable to
the Association, which, in its discretion and from time to time, shall have the power, right and ability to
erect or install any satellite dish, aerial or antenna or any wireless networking devices and facilities for
purposes of disseminating information to the Owners or for access control and monitoring purposes.
5.13 Energy Conservation Devices. The ARC must approve all solar panels/collectors and
other energy conservation equipment prior to installation of such equipment on a Home, Lot or Parcel. All
solar heating apparatus must conform to the standards set forth in the HUD Intermediate Minimum
Property Standards Supplement, Solar Heating, and Domestic Water Systems, or other applicable
Governmental Entity regulations and/or ordinances. No solar energy collector panels or attendant
hardware or other energy conservation equipment shall be constructed or installed unless it is an integral
and harmonious part of the architectural design of a structure, as reasonably determined by the ARC. No
solar panel, vents, or other roof-mounted, mechanical equipment shall project more than 1.0 feet above
the surface of the roof of a Home, and all such equipment, other than solar panels, shall be painted
consistent with the color scheme of the portion of the Home for which such equipment is installed. This
provision is not intended to prohibit the use of energy conservation devices.
5.14 Division of Lands; Prohibition Against Timesharing. No Lot or Parcel shall be subdivided
or its boundary lines changed except by Declarant as to the Lots or Parcels owned by Declarant and
otherwise except with the prior written approval of the Board of Directors. The Board may permit a
division in ownership of any Lot or Parcel intended for a single family residence as shown on a plat, but
solely for the purpose of increasing the size of the adjacent Lots or Parcels. Declarant hereby expressly
reserves the right to replat any Lots or Parcels owned by Declarant. Any such division, boundary line
change, or replatting shall not be in violation of the applicable subdivision and zoning regulations.
No portion of the Property shall be made subject to any type of timeshare program, interval
ownership, vacation club or similar program (except for hotel or short-term lodging purposes by
Declarant) whereby the right to exclusive use of the Home, Lot or Parcel rotates among multiple owners
or members of the program on a fixed or floating time schedule over a period of years. This Section shall
not prohibit ownership of such property by joint tenants or tenants-in-common nor shall it prohibit
ownership by an owner who is not a natural person. No amendment or modification to this Section shall
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be effective without the prior written consent of Declarant for so long as Declarant owns any portion of the
Property.
5.15 Firearms. The discharge of firearms within the Community is prohibited. The term
"firearms" includes "B-B" guns, paintball guns, pellet guns, and other firearms of all types, regardless of
size.
5.16 Irrigation. No sprinkler or irrigation systems of any type which draws upon water from
creeks, streams, rivers, lakes, ponds, wetlands, canals or other ground or surface waters within the
Property shall be installed, constructed or operated within the Property by any Person other than
Declarant or the Association. No Person may install a pump or otherwise divert any waters from any lake
located wholly or partially on, or which are adjacent to, the Residential Property for purposes of irrigation
or any other purpose.
5.17 Wells and Drainage. No private water system or well shall be constructed or permitted
on any portion of the Residential Property, either for personal use or for irrigation. Catch basins and
drainage areas are for the purpose of natural flow of water only. No obstructions or debris shall be placed
in these areas. No Person other than Declarant or the Association may obstruct or rechannel the
drainage flows after location and installation of drainage swales, storm sewers, or storm drains.
Declarant hereby reserves for itself and grants to the Association a perpetual easement across the
Property for the purpose of altering drainage and water flow, provided the same shall not unreasonably
interfere with an Owner's use of a Lot or Parcel. Notwithstanding the foregoing, Declarant shall be
permitted to install and maintain wells on the Property as they determine from time to time (in which event
such wells shall be deemed to be permitted once the property upon which the well is located is conveyed
to a third party).
5.18 Sewage Disposal; Septic Tanks. No individual sewage disposal system shall be
permitted on any portion of the Residential Property. Septic tanks are not permitted on any portion of the
Residential Property, except for sales centers, models or construction offices of Declarant or as otherwise
permitted by the ARC in conjunction with temporary use.
5.19 Temporary Structures. No structure of a temporary character, trailer, tent, shack, storage
building, shed, stand-alone garage, barn or other outbuilding (a) shall be used on any portion of the
Residential Property at any time as a residence either temporarily or permanently, except that Declarant
may place any type of temporary structure on any portion of the Residential Property at any time to aid in
its construction and/or sales activities, or (b) shall be permitted to be located on any portion of the
Residential Property for any other purpose without the prior written approval of the ARC (Declarant shall
be exempt from this approval requirement with regard to Declarant-owned Lots or Parcels).
5.20 Insurance Rates. No Owner shall permit or suffer anything to be done or kept in such
Owner's Home or, where applicable, on such Owner's Lot or Parcel, which would increase the rate of
insurance as to other Owners or to the Association or Declarant, result in the cancellation of insurance on
any property insured by the Association, or would be in violation of any law.
5.21 Sight Distance at Intersections. All portions of the Property located at street intersections
shall be landscaped in a manner so as to permit safe sight across the street corners. No fence, wall,
hedge, or shrub planting shall be placed or permitted to remain where it would create a traffic or sight
problem, as the same is determined by the Board of Directors; provided, however, that the foregoing
restriction shall in no manner be deemed applicable to walls which serve to border or exist along or
directly adjacent to one or more Lots or Parcels.
5.22 Utility Lines. No overhead utility lines, including, without limitation, lines for electric,
telephone and cable television, shall be permitted within the Property, except for (a) overhead
transmission lines existing as of the date of original recording of this Declaration, and (b) temporary lines
as required during construction and lines within the Property as the same may exist on the date hereof.
5.23 Wetlands, Lakes and Water Bodies. All lakes, ponds and water management facilities
within the Property, if any, shall be designated as aesthetic and drainage or irrigation facilities. No
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swimming, boating, playing, fishing or use of personal flotation devices on all water bodies or lake within
the Community shall be permitted, save and except for activities specifically permitted by the Rules and
Regulations and the requirements of the SFWMD Permit.
5.24 Increase in the Size of Lots; Changes in Elevation. No Lot shall be changed in size by
filling in any water body or lake it may abut or by excavating existing ground, except upon the prior written
approval of the ARC. The elevation of a Lot may not be changed so as to materially affect the surface
elevation or grade of the surrounding Lots, Parcels, or the Common Property without the prior written
approval of the ARC.
5.25 Signs.
5.25.1 In General. No sign, billboard or advertisement of any kind, including, without
limitation, those of realtors, contractors, subcontractors and for sale or for lease signs, shall be erected
within the Property without the written consent of the ARC and in accordance with the Community Wide
Standard, except as may be required by legal proceedings or applicable law, and except signs,
regardless of size, used by Declarant, its successor and assigns, and replacement of such signs. If
permission is granted to any Owner to erect a sign within the Property, the ARC reserves the right to
restrict the size, color, lettering, height, material and location of the sign. Under no circumstances shall
signs, banners or similar items advertising or providing directional information with respect to activities
being conducted outside the Property be permitted within the Property. The ARC may promulgate rules
and regulations for signs which do not require prior ARC approval to be placed on a Lot or Parcel. No
sign shall be nailed or otherwise attached to trees, shrubs or other landscapes.
5.25.2 "For Sale" Signs; Prohibition Against "For Rent" or "For Lease" Signs; Limitation
on "Open House" Signs.
5.25.2.1 Lots or Parcels which are for sale or lease may be shown by
prior appointment only.
5.25.2.2 "For sale" realtor signs or like signs shall be permitted on any Lot
or Parcel or the Common Property only in accordance with the general depiction contained in Exhibit F
attached hereto and made a part hereof.
5.25.2.3 "Open house" signs shall only be permitted to be placed on a Lot
or Parcel, and open houses shall only be permitted within the Community, within normal and ordinary
daylight hours. The size and number of "open house" signs shall be determined by the ARC from the
time to time, and the ARC shall be permitted to impose differing requirements for various Lots or Parcels
as the ARC may determine in its sole and absolute discretion. No "open house" signs shall be permitted
to be placed on the Common Property.
5.25.2.4 No "For Rent" or"For Lease" signs shall be permitted on a Lot or
Parcel.
5.25.2.5 Notwithstanding the foregoing provisions of this Section 5.25.2,
Declarant (a) shall be entitled to utilize signs on or pertaining to a Lot or Parcel indicating the name of a
particular model type or the name of the future owner of a Home on a Lot or Parcel being constructed or
to be constructed, and (b) shall be exempt from the provisions of this Section 5.25.2.
5.25.3 Traffic Signs. The Association shall be responsible for the installation,
maintenance, repair and/or replacement of all traffic signs within the Community. The Association, for
aesthetic purposes, may not, and shall not be required to, fully utilize the Florida Department of
Transportation standards for any or all traffic signs.
5.25.4 Additional Provisions Pertaining to Signs. Notwithstanding anything herein to the
contrary, the following signs shall be permitted in accordance with the Act:
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5.25.4.1 Any Owner may erect a freestanding flagpole no more than 20
feet high on any portion of such Owner's Lot or Parcel, regardless of any covenants, restrictions, bylaws,
rules, or requirements of the Association, if the flagpole does not obstruct sightlines at intersections and is
not erected within or upon an easement.
5.25.4.2 Any Owner may display one portable, removable United States
flag or official flag of the State of Florida in a respectful manner, and on Armed Forces Day, Memorial
Day, Flag Day, Independence Day, and Veterans Day may display in a respectful manner portable,
removable official flags, not larger than 4'/2 feet by 6 feet, which represent the United States Army, Navy,
Air Force, Marine Corps, or Coast Guard.
5.25.4.3 Any Owner may display a sign of reasonable size provided by a
contractor for security services within 10 feet of any entrance to a Home. The Association may
promulgate rules and regulations in furtherance of this Section, provided, however, that no such rules or
regulations will inhibit the rights of a member pursuant to Section 720.304(6) of the Act.
5.25.4.4 Any artificial lighting of a flag under this Section 5.25.4 shall
require the prior written approval of the ARC prior to installation.
5.25.5 Declarant Exemption; Amendment to Provisions Concerning Signs. Declarant is
specifically exempt from the provisions of this Section 5.25, and as such shall be entitled to erect such
signs as it deems necessary or desirable in Declarant's sole discretion from time to time. No amendment
or modification to this Section 5.25 pertaining to signs shall be effective without the prior written consent
of Declarant for so long as Declarant owns any portion of the Property.
5.26 Pools; Screens and Screened Enclosures.
5.26.1 Swimming Pools. The Owner of a Lot or Parcel may apply to the ARC for
approval for installation of a swimming pool in accordance with all applicable Governmental Entity
regulations.
5.26.1.1 Above-Ground Pools. No above-ground pools, hot tubs, spas or
other like improvements or equipment shall be erected, constructed or installed on any Lot or Parcel.
5.26.1.2 In-Ground Pools. All in-ground pools shall be contained within a
screened enclosure or otherwise shall be enclosed in accordance with applicable law.
5.26.1.3 Pool Equipment. All pool equipment shall be shielded from view.
5.26.2 Spa. An Owner may to apply to the ARC for approval for installation of a spa in
accordance with all applicable Governmental Entity regulations, including setback requirements.
5.26.3 Screened Enclosures for Pools and Patio Areas.
5.26.3.1 The use of standard cage screen enclosures may be restricted
on Lots, Parcels and Homes abutting or facing certain portions of the Property, as shall be determined by
the ARC.
5.26.3.2 Any screened enclosures shall be integrated within the principal
structure, shall be constructed in accordance with applicable County building code provisions, and shall
be subject to construction, design and appearance approval by the ARC. The ARC may, but shall not be
obligated to, approve an alternate fence structure on a Lot or Parcel in lieu of a screened enclosure,
subject to applicable provisions of the ARC Guidelines and applicable County building code provisions;
the ARC shall be permitted to approve or disapprove any such alternative fence structure in its sole
discretion.
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5.26.3.3 All screened pool and patio area enclosures shall be bronze in
color and no mill finish aluminum is permitted, it being the intent of Declarant to ensure a uniform and
consistent exterior appearance within the Community.
5.26.4 Screening of Lanais. No lanai may be enclosed by screening except for those
located on the first floor of a Home; provided, however, that any screened enclosure which encompasses
a pool and deck area may serve to permissibly enclose lanai and balcony areas located above the first
floor of a Home.
5.26.5 Screens on Windows, Doors and Front Entrance Areas.
5.26.5.1 The foregoing provisions shall not be deemed to apply to
screens directly affixed to windows or sliding glass doors.
5.26.5.2 The front entrance door to a Home shall be permitted to have a
screen door affixed to the front door casing and assembly. Any such screen door shall be bronze in
color, and no mill finish aluminum is permitted, it being the intent of Declarant to ensure a uniform and
consistent exterior appearance within the Community.
5.26.5.3 Any such screen door must be approved in writing by the ARC
prior to installation.
5.26.5.4 An Owner or Authorized User shall be permitted to install and
construct a screened enclosure on the front patio or entrance area to a Home, provided that the Owner or
Authorized User first obtains the prior written approval of the ARC for such installation and construction.
5.26.6 Limitations on Amendment. Except as otherwise provided herein, the provisions
of this Section 5.26 shall not be amended without the prior written consent of Declarant for so long as
Declarant owns any portion of the Property.
5.27 Air Conditioning Units. No window air conditioning units may be installed on any Lot or
Parcel except in connection with a temporary structure operated by Declarant or the Association. All air
conditioning units shall be screened from view of the street and adjacent Lots and Parcels.
5.28 Lighting. Except for seasonal Christmas or holiday decorative lights, which may be
displayed between Thanksgiving and January 10 only, all exterior lights must be approved by the ARC
prior to installation.
5.29 Artificial Vegetation, Exterior Sculptures and Similar Items. All artificial vegetation,
exterior sculpture, fountains, and similar items must be approved by the ARC prior to installation;
provided, however, that nothing herein shall prohibit the appropriate display of the American Flag.
5.30 On-Site Fuel Storage. No on-site storage of gasoline or other fuels shall be permitted on
any Lot or Parcel except that up to 5 gallons of fuel may be stored upon a Lot or Parcel and/or within the
boundaries of the Home contained on a Lot or Parcel for emergency purposes and/or operation of lawn
mowers and similar tools or equipment (to the extent that an Owner has responsibility for maintenance
activities requiring such equipment). Underground propane or natural gas tanks shall be permitted on the
Residential Property but only with ARC approval. Notwithstanding the foregoing to the contrary, small
propane tanks which are utilized directly and solely in connection with a barbecue grill shall be permitted
on any Lot or Parcel, subject to applicable fire code and safety regulations. All fuel tanks must be hidden
from view.
5.31 Outside Window Coverings. Reflective window coverings are prohibited. No awnings,
canopies or shutters shall be permanently installed on the exterior of any building unless approved by the
ARC prior to installation.
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5.32 Fences and Walls.
5.32.1 Perimeter (boundary) Lot fencing, or fencing around the boundary of a Lot or
Parcel of the rear yard only, shall be permitted, but only in accordance with the following:
5.32.1.1 any and all such fencing shall be in accordance with the ARC
Guidelines and as specifically permitted in writing by the ARC, and shall be specifically approved in
writing by the ARC prior to commencement of construction, installation or renovation of such fencing; and
5.32.1.2 notwithstanding any provision in the ARC Guidelines to the
contrary, fences shall only be permitted to be a maximum of forty-eight (48) inches in height measured
from grade, and shall be required to be either bronze or black aluminum rail with at least one entrance
gate having a minimum width of seventy-two (72) inches as required by the ARC pursuant to the approval
process.
5.32.2 By the construction of such fencing, the Owner of the applicable Lot (a "Fenced
Lot") shall be deemed to have granted a perpetual, non-exclusive easement over, across, under and
through such Fenced Lot to the Association to permit the Association and its employees and contractors
to undertake and perform its grass and landscaping maintenance responsibilities pursuant to Section
8.2.12 hereof.
5.32.3 Any Fenced Lot Landscaping Assessments shall be levied in accordance with
Exhibit "E" to this Declaration, and if so levied, shall be in connection with the additional costs and
expenses associated with the Association's maintenance obligations involving or pertaining to the Fenced
Lots.
5.32.4 Each Owner of a Fenced Lot shall at all times keep their Fenced Lot clear of all
debris, objects and property of such Owner, including specifically, without limitation, toys and lawn
furniture so as to permit, and therefore not interfere with, the Association's performance of its grass and
landscaping maintenance responsibilities pursuant to Section 8.2.12 hereof, and neither the Board nor
the Association shall have any responsibility for any damage to any property of any Owner which is
damaged or destroyed as a result of any Owner's failure to comply with the requirements of this Section
5.32.
5.32.5 In the event that an Owner fails to provide the Association and its employees and
contractors access to the enclosed area of a Fenced Lot so as to deny maintenance of the Lot pursuant
to Section 8.2.12 hereof, the Owner shall be solely responsible for maintenance of such enclosed area
within the Fenced Lot for the period of time that the Owner denies access, but in all aspects and events
the Owner shall remain liable for any Fenced Lot Landscaping Assessments regardless of whether or not
the Association provides maintenance services to the Fenced Lot.
5.32.6 By the construction of such fencing, each Owner of a Fenced Lot shall:
5.32.6.1 be deemed to have waived any and all claims against the Board
and the Association for any loss, destruction and/or damage or injury which may arise from any entry
upon a Fenced Lot for the purpose of performing the Association's grass and landscaping maintenance
responsibilities pursuant to Section 8.2.12 hereof; and
5.32.6.2 agree to indemnify and hold the Board and the Association
harmless from and against any and all losses, costs, damages, or liabilities whatsoever(including, without
limitation, reasonable attorneys' fees and costs) resulting directly or indirectly from such entry and the
performance of such grass and landscaping maintenance responsibilities with regard to any Fenced Lot.
5.32.7 Any other fences and walls are only permitted in accordance with the ARC
Guidelines, and no fence of any type or nature shall be constructed without the prior written approval of
the ARC; provided, however, that any other fence or wall constructed by Declarant in conjunction with the
development and construction of improvements on a Lot or Parcel shall be exempt from any requirement
for obtaining ARC approval.
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5.32.8 The ARC may, but shall not be required to, impose landscaping requirements in
conjunction with approval of a wall or fence application in accordance with the ARC Guidelines for
Supplemental Landscaping.
5.32.9 Declarant, in the course of creating the ARC Guidelines, shall be entitled to place
restrictions on the installation of walls and fences on certain Lots based upon the Lot size and dimension.
5.32.10 The provisions of this Section 5.32 shall specifically not be amended without the
prior written consent of Declarant for so long as Declarant owns any portion of the Property.
5.32.11 Invisible fences are permitted only in the rear and/or side yards. Invisible fences
are permitted in a front yard only with the prior written approval of the ARC.
5.33 Use Indemnity. Each Owner, by virtue of taking title to a Lot or Parcel, hereby
acknowledges and agrees, and shall be deemed to have acknowledged and agreed, to indemnify, defer
and hold harmless the Association, Declarant and their partners, shareholders, directors, officers,
employees and agents for any claims, demands, losses, costs, fees and expenses related to, or in any
way pertaining to, use of any Common Property furnished by Declarant, or the Association, by the Owner
and other Authorized Users.
5.34 Maintenance Easement. Every Lot and Parcel is burdened with an easement permitting
the Association to utilize portions of the Residential Property abutting the Common Property to maintain
portions of the Common Property, provided such easement shall be exercised in a manner which does
not interfere with use or enjoyment of the Lot or Parcel for its primary purpose and that such use by the
Association will not damage improvements on the Lot or Parcel.
5.35 Home Business Use. No trade or business may be conducted in or from any Home, Lot
or Parcel, except that an Owner, Resident or Authorized User residing in a Home may conduct business
activities within the boundaries of the Home so long as: (a) the existence or operation of the business
activity is not apparent or detectable by sight, sound or smell from outside the boundaries of the Home;
(b) the business activity conforms to all Governmental Entity requirements; (c) the business activity does
not involve persons coming onto the Residential Property who do not reside in the Property or door-to-
door solicitation of residents; and (d) the business activity is consistent with the residential character of
the Community and does not constitute a nuisance, or a hazardous or offensive use, or threaten the
privacy or safety of the Residents, as may be determined in the sole discretion of the Board.
The terms "business" and "trade", as used in this subsection, shall be construed to have their
ordinary, generally accepted meanings, and shall include, without limitation, any occupation, work or
activity undertaken on an ongoing basis which involves the provision of goods or services to persons
other than the provider's family and for which the provider receives a fee, compensation, or other form of
consideration, regardless of whether: (i) such activity is engaged in full or part-time; (ii) such activity is
intended to or does generate a profit; or(iii) a license is required therefor. Notwithstanding the above, the
leasing of a Lot or Parcel shall not be considered a trade or business within the meaning of this Section.
For purposes of clarity, in no manner shall an Owner, tenant or other resident be permitted to
utilize a Lot or Parcel for purposes of permitting business employees or contractors to reside in the such
Lot or Parcel, as any such usage does not constitute and shall in no manner be deemed to be a permitted
business use under this Section 5.35.
5.36 View Impairment. Neither Declarant nor the Association guarantees or represents that
any view over or across any body of water or the Common Property to and from the Lots or Parcels shall
be preserved without impairment. The owners of such property shall have no obligation to thin trees or
other landscaping, and shall have the right, in their sole and absolute discretion, to add or withdraw trees
and other landscaping and other improvements or changes to the Common Properties from time to time.
Any such changes or additions may diminish, obstruct or impair any view from the Lots and Parcels, and
any express or implied easements for view purposes or for the passage of light and air are hereby
disclaimed.
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5.37 Wildlife. All Persons are hereby notified that from time to time alligators, snakes, bear,
rabbit, opossum, armadillos and other wildlife may inhabit or enter into or exit from water bodies or
conservation areas within the Community and may pose a threat to persons, pets and property. No
Person shall be permitted to disturb or harm any wildlife residing in the Community. Declarant and the
Association have no obligation or duty pertaining to the control and/or removal of wildlife from the
Property.
5.38 Use of Common Property. There shall be no alteration, addition or improvement of any
Common Property, except as provided in this Declaration, nor shall any Person use the Common
Property, or any part thereof, in any manner contrary to or not in accordance with the rules and
regulations pertaining thereto as from time to time may be promulgated by the Association or approved
and authorized in writing by the Association.
5.39 Mailboxes.
5.39.1 Mailboxes shall be constructed and located by Declarant in its sole discretion and
in accordance with U.S. Postal Service requirements. In the event that a mailbox is not installed by
Declarant, prior to occupying a Lot, the Owner thereof shall install or have installed a mailbox of such
type, design and decoration, and in such location on the Lot as shall hereafter be designated by
Declarant and/or approved by the ARC. No other mailbox, paper box or other receptacle of any kind for
use in the delivery of mail, newspapers, magazines and/or similar material(s) shall be placed, located,
constructed and/or installed on any Lot. No mailbox may be altered, changed, modified, repaired and/or
replaced without the prior written approval of the ARC. Replacement and maintenance of mailboxes shall
be the obligation of the Owner.
5.39.2 Notwithstanding the provisions of Section 5.39.1 to the contrary, in the event that
the U.S. Postal Service makes the determination and decision that it will not provide mail delivery or
service to individual mailboxes serving individual Lots or Parcels, cluster mailbox structures ("Mail
Structures") shall be erected within the Property for purposes of permitting mail delivery and service for
the Lots and Parcels. All Mail Structures constitute a part of the Common Property. The Owner of a Lot or
Parcel shall be entitled to the sole and exclusive use of the individual mailbox contained in a Mail
Structure which pertains to that Owner's Lot or Parcel. As and to the extent necessary, a perpetual, non-
exclusive easement is hereby granted to the Owners over, across and through the Common Areas and
any portion of a Lot or Parcel containing a Mail Structure (if any) so as to permit necessary access;
provided, however, that the scope of the foregoing easement shall be specifically limited to pertain only to
the smallest amount of any Lot or Parcel or if and to the extent necessary to obtain access to the Mail
Structure.
5.39.3 A perpetual, non-exclusive easement is hereby declared across the Common
Areas for purposes of permitting delivery of the mail.
5.40 Extended Vacation or Absences. In the event that a Lot or Parcel will not be occupied for
an extended period of time, the Lot or Parcel must be prepared prior to departure by:
5.40.1 removing all removable furniture, plants and other items of personal property
from the exterior of the Lot or Parcel; and
5.40.2 designating a person or entity to care for the Lot or Parcel during such period of
absence (both in terms of routine care and in the event of damage) and providing necessary access to
the Lot or Parcel and any Home contained thereon (the Owner is required to provide the Association with
the name and telephone number of the designated person or entity).
The Association hereby disclaims any responsibility with regard to each Lot or Parcel, and each Owner,
by virtue of taking title to a Lot or Parcel, hereby acknowledges and agrees, and shall be deemed to have
acknowledged and agreed, that the Association has no duty with regard to any Lot or Parcel under this
Section 5.40.
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5.41 Storm Shutters. Subject to applicable law, storm shutters and other similar equipment
shall only be permitted, upon the prior written approval of the ARC, in accordance with the ARC
Guidelines. Storm shutters and other similar equipment shall only be permitted to be closed or otherwise
put into use or activated in direct anticipation of severe weather, and shall be promptly removed, within
three (3) days, following cessation of severe weather. Accordion style storm shutters are not permitted on
the front façade of any Home.
5.42 Garage Sales. No garage sales or other private sales of a similar nature shall be
permitted at any time in the Community, it being the specific intention of Declarant to preserve the distinct
nature and character of the Community as developed. No amendment or modification to this Section
shall be effective without the prior written consent of Declarant for so long as Declarant owns any portion
of the Property.
5.43 Sound Transmission. Each Owner, by virtue of taking title to a Lot or Parcel, hereby
acknowledges and agrees, and shall be deemed to have acknowledged and agreed, that sound and
impact noise transmission is very difficult to control, and that noises from adjoining or nearby Lot or
Parcel, or from the Common Property and/or mechanical equipment, adjacent businesses, or adjacent
roadways or streets, can be heard from within another Home. Declarant does not make any
representation or warranty as to the level of sound or impact noise transmission between and among Lots
and Parcels and any other portion of the Property, and each Owner hereby waives and expressly
releases, to the extent not prohibited by applicable law as to the date of this Declaration, any such
warranty and claims for loss or damages resulting from sound or impact noise transmission.
5.44 Access Ramps. Any Owner may construct an access ramp on or to their Home if a
Resident or Authorized User of the Home has a medical necessity or disability that requires a ramp for
egress and ingress, under the following conditions:
5.44.1 The ramp must be as unobtrusive as possible, be designed to blend in
aesthetically as practicable, and be reasonably sized to fit the intended use.
5.44.2 Plans for the ramp must be submitted in advance to the Association. The
Association may make reasonable requests to modify the design to achieve architectural consistency with
surrounding structures and surfaces.
5.44.3 The Owner must submit to the Association an affidavit from a physician attesting
to the medical necessity or disability of the Resident or Authorized User of the Home requiring the access
ramp. Certification as required under Section 320.0848, Florida Statutes, shall be sufficient to meet the
affidavit requirement.
5.45 Basketball Goals. Basketball goals and accompanying or related structures or supports
are not permitted on or for Lots and Parcels, it being Declarant's stated intent to ensure a uniform and
consistent exterior appearance within the Community, except that portable basketball stands are
permitted providing the Owner stores the equipment in a garage or other fully-enclosed area whenever
the equipment is not in use.
5.46 Swinqsets and Playground Equipment. No swingset or playground equipment or other
similar devices or items shall be placed on a Lot or Parcel without the prior written consent of the ARC.
5.47 Prohibition Against Auctions. No Lot or Parcel, or any personal property contained within
or pertaining to a Lot or Parcel, shall be permitted to be sold by means of a public or private auction held
within or upon a Lot or Parcel or upon any portion of the Community; provided, however, that (a) the sale
of a Lot or Parcel, or any personal property contained within or pertaining to a Lot or Parcel, pursuant to
court order (such as, but not necessarily limited to, an order of forced sale as a result of foreclosure,
bankruptcy or seizure) shall be exempt from the prohibitions of this Section 5.47, and (b) Declarant shall
be exempt from the provisions of this Section 5.47.
5.48 Rules and Regulations. The Board of Directors may from time to time adopt, or amend
previously adopted, rules and regulations governing (i) the interpretation and more detailed
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implementation of the restrictions set forth in this Declaration, including those which would guide the
Committee in the uniform enforcement of the foregoing general restrictions, and (ii) the details of the
operation, use, maintenance, management and control of the Common Properties; provided, however,
that copies of such rules and regulations shall be furnished to each Owner prior to the time same
becoming effective and provided that said rules and regulations are a reasonable exercise of the
Association's power and authority based upon the overall concepts and provisions of this Declaration.
5.49 Provisions Inoperative as to Initial Construction: Exemptions for Specified Parties.
Nothing contained in this Declaration will be interpreted, construed or applied to prevent Declarant or with
the prior written consent of Declarant so long as Declarant is an Owner of any portion of the Property, and
then the Association, or its or their contractors, subcontractors, agents, and employees (collectively,
"Specified Parties"), from doing or performing on all or any part of the Property owned or controlled by
Declarant whatever is determined to be reasonably necessary or convenient to complete the
development of the Community, including, but not limited to, (a) the right to erecting, construct, and
maintain such structures and other improvements as may be reasonably necessary or convenient for the
conduct of the Specified Parties' business of completing the development, establishing the Property as a
mixed-use community, disposing of the same by sale, lease, or otherwise and operating and maintaining
parking, sales and marketing or other non-residential facilities on the Property; (b) the ability to conduct
thereon its business of completing the development and disposing of the same by sale, lease or
otherwise, and operating and maintaining of parking, sales and marketing or other non-residential
facilities on the Property (however, any and all work described herein and proposed to be performed must
be performed in accordance with the provisions of the ARC Guidelines); and (c) the right to maintain such
signs as may be reasonably necessary or convenient in connection with the development or the sale,
lease or other transfer of Lots or Parcels or the operating and maintaining of parking, sales and marketing
or other non-residential facilities on the Property.
5.50 Access by Association. The officers, employees or designated agents of the Association
have a right of entry onto the exterior of each Lot or Parcel, except those owned by Declarant, to the
extent reasonably necessary to discharge any duty imposed, or exercise any right granted, by this
Declaration or to investigate or enforce the provisions of this Declaration and the rules and regulations of
the Association. Such right of entry must be exercised in a peaceful and reasonable manner at
reasonable times and the entry may be only upon reasonable notice whenever circumstances permit.
Entry into the interior of any Home may not be made for any purpose without the consent of its Owner,
Resident or Authorized User of a Home, except pursuant to court order or other authority conferred by
law. Such consent will not be unreasonably withheld or delayed.
5.51 Requirement for Declarant Consent for Amendments. No amendment to any provision
contained in this Article 5 may be amended without the prior written consent of Declarant for so long as
Declarant owns any Lot or Parcel within the Community.
5.52 Compliance with Occupancy Requirements. Notwithstanding any provision herein to the
contrary, the Owner of a Lot or Parcel shall ensure that there is compliance with any and all occupancy
requirements of applicable Governmental Entities.
5.53 Waivers. Declarant (and upon such time as Declarant no longer owns any portion of the
Property, the Board) shall have the right and power, from time to time and in Declarant's (or the Board's)
sole discretion, to authorize waiver of one or more of the restrictions contained in this Article 5 when
circumstances dictate or hardship shall result from compliance with such restriction(s). The granting of a
waiver shall not be effective unless in writing, and the granting of one waiver shall not require Declarant to
grant any other waiver for which a request is made.
ARTICLE 6: EASEMENTS
6.1 Utility Easement. Declarant has identified, or will identify, pursuant to the Plats or other
instruments, areas for use by all utilities (including, without limitation, electric, telephone, water, sewer,
lighting, drainage and Surface Water Drainage and Management System, irrigation distribution system,
communication system, and cable and interactive cable television and entry system) for the construction
and maintenance of their respective facilities servicing the Property. Declarant hereby reserves unto itself
and grants to the Association the right by each in accordance herewith to grant to such utilities,jointly and
114216177.6 24
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severally, easements (blanket or specific) over any portions of the Property which may be necessary or
desirable for such purpose. Any such easement shall be created in such a manner so as not to
unreasonably interfere with the beneficial use or occupancy of any Lot or Parcel. If specific easements
will be granted, the location and extent of such easements will be shown on the plats to be recorded of
the Property or in such other instruments defining same to be executed by Declarant for so long as
Declarant owns any portion of the Property, and thereafter by the Association. In addition to the above,
Declarant hereby reserves unto itself and grants to the Association, with the right by each to make further
grants, an access and use easement over, under, across and through the Property as may be required
for the construction, maintenance and operation of any communication, cable television (including
interactive), drainage and surface water management, irrigation distribution system and entry system;
provided, however, any such easement shall not unreasonably interfere with the beneficial use or
occupancy of any Lot or Parcel. Declarant and the Association, and their respective agents, employees,
designees, successors and assigns, shall have full rights of ingress and egress over any portion of the
Property for all activities appropriately associated with the purposes of said easements, but all damage to
such portions of the Property caused thereby shall be repaired at the cost of the party causing the
damage. Nothing in this Article shall obligate Declarant to construct or maintain any specific form of
utility.
6.2 Drainage Easement. A perpetual, non-exclusive easement is reserved unto Declarant,
and is granted to the Association over, across and through the Property for the purpose of providing
drainage and for the installation, operation, use and maintenance of drainage facilities, including the
Surface Water Drainage and Management System. Upon completion of said drainage facilities, the
location and extent of specific drainage easements may be shown on the plats or in such other
instruments defining same to be executed by Declarant for so long as Declarant owns any portion of the
Property, and thereafter by the Association.
6.3 Easement for Encroachments.
6.3.1 Each portion of a Lot or Parcel and the Common Property is hereby subjected to
a perpetual easement appurtenant to any adjoining Lot, Parcel or the Common Property to permit the
use, construction, existence, maintenance, repair and restoration of structures, located on such adjoining
Lot, Parcel or the Common Property, including, but not limited to, driveways, sidewalks, walkways,
entryways and roof structures which overhang and encroach upon the servient Lot or Parcel or the
Common Property, if any, provided that such structures were constructed by Declarant or the construction
of such structure is permitted and approved as elsewhere herein provided. The Owner of the dominant
Lot or Parcel or the Common Property shall have the right, at all reasonable times, to enter the easement
area in order to make full use of such structure for its intended purposes and to maintain, repair and
restore any improvements located on the dominant Lot or Parcel or the Common Property; provided,
however, that any such entry made for purpose of maintenance, restoration or repair, shall be limited to
daylight hours and shall only be made with the prior knowledge of the Owner of the servient Lot or Parcel
or the Common Property. In case of emergency, the right of entry for maintenance, restoration or repair
shall be immediate, not restricted as to time and not be conditioned upon prior knowledge of the Owner of
the servient Lot or Parcel or the Common Property. Any damage or dislocation of or to plants or other
landscaping on the servient Lot or Parcel (or portion thereof) or the Common Property caused to
accommodate the use of this easement by the Owner of the dominant Lot or Parcel (or portion thereof) or
the Common Property shall be restored to its earlier condition by such latter Owner. However, the Owner
of the servient Lot or Parcel or the Common Property shall not place any improvement, material or
obstacle in or over the easement area on the servient Lot or Parcel or the Common Property which would
unreasonably interfere with the rights of the Owner of the dominant Lot or Parcel or the Common Property
granted by this paragraph. Any such improvement, material or obstacle shall be promptly removed by the
Owner of the servient Lot or Parcel or the Common Property at such Owner's expense when requested
by the Owner of the dominant Lot or Parcel or the Common Property or Declarant notwithstanding any
lapse of time since such improvements, material or other obstacle was placed in or over the easement
area. However, in no event shall a valid easement for any encroachment be created in favor of any
Owner if such encroachment or use is materially detrimental to or materially interferes with the reasonable
use and enjoyment of the Lot or Parcel of another Owner and if it occurred due to the willful conduct of
any Owner.
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6.3.2 The Association is or shall be the holder of certain drainage easements
pertaining to stormwater management on some, but not all, of the Lots and Parcels, such easements
having been created or will be created pursuant to one or more subdivision plats pertaining to the
Community ("Side Yard Drainage Easement Areas"). Air conditioning equipment and underlying pads
("NC System"), and/or pool pumps, heaters pads and equipment (collectively, "Pool System") for Lots or
Parcels may be placed and located within the Side Yard Drainage Easement Areas, provided that (a) no
such installations shall be permitted without the prior written consent of the ARC, and (b) such A/C
System and/or Pool System does not impair the use of the Side Yard Drainage Easement Areas for
drainage purposes. Accordingly, the Association hereby consents to and approves the encroachment of
the NC System and/or Pool System into the Side Yard Drainage Easement Areas and hereby grant a
perpetual, non-exclusive easement in such regard. The Association shall be responsible for all repairs or
replacements in the event that a drainage line, pipe or facility must be relocated by the Association. The
applicable Owner shall be solely responsible for all costs and expenses associated with repairs or
replacements to a drainage line, pipe or facility that results from an Owner's activities within a Side Yard
Drainage Easement Area, whether or not associated with an A/C System and/or a Pool System.
In addition to the foregoing, Home roofs, concrete and/or paver pads and driveways shall be
permitted to encroach into the Side Yard Drainage Easement Areas. If any such encroachment exists as
a result of initial construction of a Home by Declarant, no approval from the Association shall be required.
If, however, any such encroachment is to come into existence following Declarant's conveyance of a Lot
containing a Home to the Initial Purchaser, such encroachment shall only be permitted with the prior
written approval of the ARC prior to installation or occurrence.
This Section 6.3.2 shall not be amended except upon the vote of not less than 75% of the total
eligible voting interests in the Association. Notwithstanding any provision herein to the contrary, any NC
System and/or Pool System installations undertaken by Declarant within a Side Yard Drainage Easement
Area shall not require ARC approval.
6.4 Development and Use Easements Reserved to Declarant. Declarant hereby reserves
unto itself, and its successors and assigns, non-exclusive easements over, under, upon and through, as
well as the right to grant non-exclusive easements over, under, upon and through, all portions of the
Property from time to time, whether or not such areas have been conveyed to third parties, for the
purposes of (a) permitting and having ingress and egress to and from one portion of the Property to
another, (b) constructing, maintaining, repairing, replacing and/or reconstructing improvements, and (c)
permitting all other activities necessary or associated with the development of the Community and each
and every portion thereof.
6.5 Ingress and Egress.
6.5.1 Easements in favor of Owners. Each Owner of a portion of the Property and
each other Benefited Party of a Lot or Parcel is hereby granted and shall have a perpetual, unrestricted,
non-exclusive easement over, across and through the Common Property for the purpose of(i) pedestrian
ingress and egress over the sidewalks, walkways and unpaved areas of the Property intended for such
purpose, and (ii) vehicular ingress and egress over the paved areas of the Property to and from such
Owner's Lot or Parcel, subject only to the right of the Association to impose reasonable and
non-discriminatory Rules and Regulations governing the manner in which such easement is exercised,
which easement shall be appurtenant to and pass with ownership to each Lot and Parcel.
Notwithstanding the provisions of the preceding sentence, there shall be no right to use portions of the
Common Property specifically designated for protection of endangered species or specific wildlife or for
wetland or conservation purposes without the express prior written approval of the Association. Declarant
hereby reserves a perpetual, unrestricted, non-exclusive easement over, across and through all roadways
of the Property for itself and the Association to permit access to, from, across and through the Property.
6.5.2 Easements in Favor of the Association. The Association is hereby reserved a
perpetual, non-exclusive easement over, across, under and through any and all portions of the Property
as may be necessary from time to time to perform its duties and obligations under this Declaration. In
addition, a perpetual, non-exclusive easement over, across, under and through a Lot or Parcel is
specifically reserved to the Association in order to permit the maintenance, repair and replacement of
114216177.6 26
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lighting fixtures as provided in Section 8.2.5 hereof (this easement shall specifically include the limited
right to touch the exterior of a Home to which the lighting fixtures are attached or otherwise wired).
6.5.3 Easements Reserved to Declarant. Declarant hereby reserves for itself and its
successors, assigns and designees a perpetual, non-exclusive easement over, across and through all
roadway portions of the Common Property to permit legal ingress to and from public roadways to the
various portions of the Community and to permit usage of the Common Property in the manner
contemplated hereunder. This easement shall continue even after Declarant no longer owns any portion
of the Residential Property. The provisions of this Section 6.5.3 shall not be amended for a period of 30
years from the date of recordation of this Declaration without the express prior written consent of
Declarant (and its specific successors and assigns in its role as developer of the Community).
6.6 Easements Pertaining to Separation Walls. An easement is hereby reserved to
Declarant and granted to the Association over, across, under and through all portions of the Property
(except for those areas upon which Homes have been constructed) for the purpose of engineering,
designing, constructing, maintaining, repairing, replacing and/or reconstructing any Separation Wall
(defined hereinafter) that may be constructed by Declarant or the Association which the Association has
the obligation to maintain. For purposes hereof, a "Separation Wall" shall be defined as the wall or walls
which serve as a boundary and buffer between (a) a Lot or Parcel and a roadway, (b) two or more Lots or
Parcels (regardless of whether or not such wall is located solely within the boundaries of one Lot or
Parcel and not the other(s)), (c) which serve to divide and separate a Lot's or Parcel's enclosed rear yard
area from the front yard, and (d) between certain lands and public right-of-way. In other words, a
Separation Wall can either be contained within the Common Property or upon one or more Lots or
Parcels. Once a Separation Wall has been constructed, the location of the easement with regard thereto
shall be where the Separation Wall exists and such area adjacent to the Separation Wall necessary for
ingress and egress and to construct and maintain such Separation Wall. The blanket easement hereby
granted shall not interfere with the provisions for access to Lots and Parcels by curb cuts, driveways and
the like.
6.7 Reciprocal Easements for Encroachments by Boundary Wall or Other Improvements.
Reciprocal easements are hereby created for encroachments as between any Lots or Parcels and such
portion or portions of the Common Property adjacent thereto, or as between adjacent Lots or Parcels, or
any combination thereof, due to the placement or settling or shifting of any Boundary Wall or other wall or
fence or other improvement constructed or reconstructed thereon.
6.8 Providing a Specific Easement. Should any entity furnishing a service covered by the
general easement herein provided request a specific easement by separate recordable document,
Declarant as long as it owns any Lot or Parcel, and thereafter the Association, through its Board of
Directors, shall have the right to grant such easement over the Common Property and the Parcels
without conflicting with the terms hereof. The easements provided for in this Section shall in no way
adversely affect any other recorded easement on the Property or prevent the use of Lots or Parcels for
their intended purpose.
6.9 Right of Entry. All policemen, firemen, ambulance personnel, and similar emergency
personnel in the performance of their respective duties as well as agents or employees of Declarant or
the Association shall have the right, but not the obligation, to enter into any Home or upon any Lot or
Parcel for emergency and safety reasons, and to abate nuisances (including, without limitation, false
burglar alarms).
6.10 Conservation Easements. Conservation easements may be created on and pertaining to
the Property as more specifically provided herein.
6.11 Continuous Maintenance of Easements by the Association. Except as provided herein to
the contrary, the Association shall be responsible for the continuous maintenance of the easements and
rights-of-way of the Surface Water Drainage and Management System. This obligation shall run with the
land as do other provisions of this Declaration, and any Owner may enforce this covenant and will be
entitled to costs and fees, pursuant to Section 22.5 hereof, which result from such enforcement.
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6.12 Lake Maintenance Easements. A perpetual, non-exclusive easement is hereby reserved
to Declarant and the Association for a distance of 20 feet on the land side of the control elevation of each
lake in the Community in order to permit legal access to and from and to permit the maintenance of all
such lakes.
6.13 Non-Interference with Residential Use. Notwithstanding any provision herein to the
contrary, the use of any and all easements reserved and/or declared and/or granted under this
Declaration shall not unreasonably interfere with the beneficial use or occupancy of any Lot or Parcel.
Each Owner, by virtue of taking title to a Lot or Parcel, hereby acknowledges and agrees, and shall be
deemed to have acknowledged and agreed, that temporary disruption to grass, roadway and driveway
areas shall not be considered to be an unreasonable interference for purposes of this Section 6.13.
ARTICLE 7: ARCHITECTURAL CONTROL
7.1 ARC Guidelines. Until such time as Declarant no longer owns any portion of the
Property, Declarant shall have the exclusive power and right to adopt from time to time the ARC
Guidelines, which guidelines shall be applied by the ARC and the Board of Directors in their respective
capacities as provided hereinafter. The ARC Guidelines shall be published to each Owner as required
under the Act. No material alteration, modification or addition to a Home, Lot or Parcel, or a material
change in external appearance of a Home, Lot or Parcel or any modification, addition or deletion to or
from the landscaping as contained on a Lot or Parcel subsequent to initial installation by Declarant, shall
be undertaken without the prior written approval of the ARC in accordance with this Article. The ARC
Guidelines shall be created by Declarant and may be changed in the future by Declarant from time to time
in its sole discretion. Upon such time as Declarant no longer owns any portion of the Property, the
Association shall inure to the powers and rights of Declarant under this Article 7.
7.2 Role of the Board and the ARC. The purpose of the Board and the ARC is insure that all
improvements within the Community shall present an attractive and pleasing appearance from all sides of
view. All references to the ARC shall also reference the Board.
7.3 Composition of the ARC. Until such time as Declarant no longer owns any portion of the
Property, Declarant shall be solely responsible for appointing the members of the ARC (it being
Declarant's intention to ensure harmonious and consistent use of the various portions of the Property by
the Owners), and the number of members shall be permitted to change from time to time in the sole
discretion of Declarant. Subsequent to the time that Declarant no longer owns any portion of the
Property, (a) the Board shall appoint the chairman and the members of the ARC, (b) the ARC shall
consist of not less than 3 members, (c) the Board may remove ARC member(s) if determined beneficial,
and (d) where a vacancy or vacancies on the ARC occurs, a successor or successors shall be appointed
by the Board. Notwithstanding the foregoing to the contrary, if Declarant decides to relinquish its right to
appoint the members of the ARC prior to such time that Declarant no longer owns any portion of the
Property, Declarant shall record a notice in the public records of the County to such effect and the Board
thereafter shall be solely responsible for appointing the members of the ARC.
7.4 Powers of the ARC. The ARC shall represent, act as directed by, and report to the
Board; however, the Board shall retain final authority, as the ARC is a committee of the Board. The ARC
shall evaluate, control and approve construction, remodeling, or additions to the buildings and structures
and other improvements on each Lot or Parcel in the manner and to the extent set forth herein. No
building or other structure or improvement, regardless of size or purpose, whether attached to or
detached from the main structure, shall be commenced, placed, erected or allowed to remain on any Lot
or Parcel, nor shall any addition to or exterior change (including repainting) or alteration thereto be made,
nor shall any change in the landscaping, elevation or surface contour of a Lot or Parcel be made, unless
and until building plans and specifications covering same ("Plans and Specifications"), showing such
information as may be required by the ARC and/or the Board of Directors, have been submitted to and
approved in writing by the Board of Directors. Acceptance or rejection of Plans and Specifications shall
be made by majority vote.
7.5 Plans and Specifications. The ARC shall require that all Plans and Specifications be
accompanied by site plans showing the detail of the siting of the structure or improvement under
consideration. As a prerequisite to consideration for approval, the Owner shall submit to the ARC Plans
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and Specifications and other documentation and materials as determined by the ARC from time to time.
In addition, if requested by the ARC, there shall be submitted to the ARC for consideration such samples
of building materials proposed to be used as the ARC shall specify and require. The ARC may require
that for certain improvements by the Owner that all Plans and Specifications shall be prepared by an
architect and/or professional engineer registered in the State of Florida. The architect and/or professional
engineer submitting the Plans and Specifications must state in writing that he has visited the site and is
familiar with all existing site conditions. These requirements pertaining to Plans and Specifications may
be waived, in whole or in part, by the ARC or the Board of Directors upon application of the Owner
showing good cause for waiving such requirement(s). All requests for improvements must be submitted
on the most recently promulgated Association forms.
7.6 Recommendations of the ARC. Once the ARC has received and reviewed the Plans and
Specifications submitted by an Owner, no later than 30 days following receipt of all required Plans and
Specifications, the ARC shall either (a) approve or disapprove the proposal of the Owner, or (b) request
additional information as the ARC deems necessary in its discretion to be able to render a decision.
7.7 Approval of Plans and Specifications. Upon written approval of the Plans and
Specifications by the ARC, construction may be commenced, subject to permitting and other approvals
required by the Governmental Entities, and shall be prosecuted to completion promptly and in strict
conformity with such Plans and Specifications. The Board of Directors shall be entitled to stop any
construction in violation of these restrictions, and any such exterior addition to or change or alteration
made without application having first been made and approval obtained as provided above shall be
deemed to be in violation of this covenant and may be required to be restored to the original condition at
the Owner's expense. All costs and expenses of the Association (including attorney's and
paraprofessional's fees) related to the enforcement of these covenants shall be paid by the Owner in
violation thereof. All structures must be built to comply substantially with the Plans and Specifications as
approved. Each Owner, by virtue of taking title to a Lot or Parcel, hereby acknowledges and agrees, and
shall be deemed to have acknowledged and agreed, that approval of the ARC in no manner eliminates
any obligation to obtain Governmental Entity approval for the contemplated activity, or that upon proper
application to such Governmental Entity the contemplated activity will be permitted. Any approval of a
proposed activity by the ARC shall immediately and automatically become null and void upon a written
rejection of an application to a Governmental Entity for authorization to undertake the proposed activity
(e.g., denial of a building permit).
7.8 Rejection of Plans and Specifications. The ARC shall have the right to refuse to approve
any Plans and Specifications which are not suitable or desirable in its opinion for any reason, including
purely aesthetic reasons and reasons connected with future development plans of Declarant of the
Property. In the event that the ARC rejects such Plans and Specifications as submitted, the ARC shall so
inform the Owner in writing, stating with reasonable detail the reason(s) for disapproval. In rejecting such
Plans and Specifications, the ARC may take into consideration the suitability and desirability of proposed
construction and the materials of which the same are proposed to be built, the Lot or Parcel upon which
such construction is proposed to be erected, the quality of the proposed workmanship and materials, the
harmony of external design with the surrounding neighborhood and existing structures therein, and the
effect and appearance of such construction as viewed from neighboring Lots or Parcels.
7.9 Appeal by Aggrieved Owner.
7.9.1 Prior to Transfer of Control. Prior to Transfer of Control, if the ARC rejects such
Plans and Specifications, the aggrieved Owner and/or any other interested Owner may appeal such
adverse decision to the Board, and any decision by the Board shall be final and binding.
7.9.2 Subsequent to Transfer of Control. Subsequent to Transfer of Control, if after the
Board's review the appealing Owner is still in disagreement with the Board's decision, such Owner may
appeal such adverse decision by submitting in writing to the Board a request to call a special meeting of
all Members to consider the propriety of the Board of Directors' decision within 10 days after receipt of
such written request. The Board thereafter shall call a special meeting, and the costs pertaining to such
special meeting shall be borne by the appealing Owner. At such special meeting, the proposal made by
the Owner and the decision of the ARC and the Board, together with the stated reasons for the rejection
of the proposal, shall be made available to all Owners. A vote of a majority of the total voting interests
114216177.6 29
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eligible to vote and present in person or by proxy of a duly-called and noticed meeting of the Members at
which a quorum is present shall be necessary to overturn an adverse decision of the ARC and the Board
against the Owner.
7.10 No Waiver of Future Approvals. The approval of the ARC of any proposals or Plans and
Specifications for any work done or proposed, or in connection with any other matter requiring the
approval and consent of the ARC, shall not be deemed to constitute a waiver of any right to withhold
approval or consent as to any similar proposals, plans and specifications, drawings, or matter whatever
subsequently or additionally submitted for approval or consent.
7.11 Variances. The ARC may authorize variances from compliance with any of its guidelines
and procedures when circumstances such as topography, natural obstructions, hardship, or aesthetic or
environmental considerations require, but only in accordance with duly adopted rules and regulations.
Such variances may only be granted, however, when unique circumstances dictate and no variance shall
(a) be effective unless in writing, (b) be contrary to the restrictions set forth herein, or (c) estop the ARC
from denying a variance in other circumstances. For purposes of this Section, the inability to obtain the
issuance of any permit, or the terms of any financing shall not necessarily be considered a hardship
warranting a variance.
7.12 Compliance. Any contractor, subcontractor, agent, employee or other invitee of an
Owner who fails to comply with the terms and provisions of the guidelines and procedures promulgated
by the ARC may be excluded from doing further work within the Property by the Association without
liability to any Person. Prior to exclusion of any contractor or subcontractor for violations of guidelines
and procedures promulgated by the ARC, the contractor or subcontractor shall have the right to the notice
and hearing procedures contained in the Governing Documents.
7.13 Right to Inspect. Subject to reasonable advance notice for occupied Homes, there is
specifically reserved unto the ARC the right of entry and inspection upon any Parcel for the purpose of
determination by the ARC whether there exists any construction or any improvements which violate the
terms of any approval by the ARC or the terms of this Declaration or of any other covenant, conditions
and restrictions to which a deed or other instrument of conveyance or plat makes reference. The ARC is
specifically empowered to enforce the provisions of this Declaration by any legal or equitable remedy, and
in the event it becomes necessary to resort to litigation to determine the propriety of any constructed
improvement, or to remove any unapproved improvements, the prevailing party shall be entitled to
recovery of all court costs, expenses, reasonable attorney's and paraprofessional's fees in connection
therewith and the same shall be assessable and collectible in the same manner as any Specific
Assessment provided for herein. The Association shall indemnify and hold harmless each member of the
ARC from all costs, expenses, and liabilities, including attorney's and paraprofessional's fees, incurred by
virtue of any service by a member of the ARC. A perpetual, non-exclusive easement over, across and
through the private roadways of the Community and a right of entry upon any Lot or Parcel is hereby
granted to the County and other applicable Governmental Entity for the limited purpose of permitting code
inspectors to inspect and examine the construction of improvements, additions, or modifications on such
Lot or Parcel.
7.14 Exemption. Notwithstanding anything to the contrary contained herein, improvements
and construction activities of Declarant on any portion of the Property and from time to time shall be
exempt from the provisions of this Article.
7.15 Amendment. This Article may not be amended without Declarant's written consent in its
sole and absolute discretion so long as Declarant owns any portion of the Property or until Declarant has
elected not to add any additional property to the scope of this Declaration (through recording of a notice in
the public records of the County to such effect), whichever occurs last.
7.16 Compliance with Governmental Entity Requirements. In addition to the foregoing
requirements, any alteration, addition, improvement or change must be in compliance with the
requirements of all Governmental Entities, and the Owner shall be required to obtain an appropriate
building permit from the Governmental Entities when required by controlling Governmental Entities. Any
consent or approval by the Association to any addition, alteration, improvement, or change may be
conditioned upon the Owner requesting such approval obtaining a building permit for same, or providing
114216177.6 30
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the Association with written evidence from the controlling Governmental Entity that such permit will not be
required, and in that event the Owner requesting architectural approval shall not proceed with any
addition, alteration, improvement, or change until such building permit or evidence that a building permit
is not required is submitted to the Association.
7.17 No Liability. Notwithstanding anything contained herein to the contrary, Declarant or the
ARC, as applicable, shall merely have the right, but not the duty, to exercise architectural control, and
shall not be liable to any Owner or any other Person due to the exercise or non-exercise of such control,
or the approval or disapproval of any improvement. Furthermore, the approval of any plans or
specifications or any improvement shall not be deemed to be a determination or warranty that such plans
or specifications or improvement are complete or do not contain defects, or in fact meet any applicable
standards, guidelines and/or criteria or are in fact architecturally or aesthetically appropriate, or comply
with any applicable Governmental Entity requirements, and Declarant, the ARC or the Association, as
applicable, shall not be liable for any defect or deficiency in such plans or specifications or improvement,
or any injury resulting therefrom.
ARTICLE 8: MAINTENANCE BY THE ASSOCIATION; IRRIGATION
8.1 Preamble. The responsibility for the maintenance of the Community is divided between
the Association and the Owners. Maintenance of all portions of a Lot or Parcel, including the interior
maintenance of all structures, unless otherwise provided in this Declaration, is the responsibility of the
Owner thereof. The Board of Directors has the right to compel the Owners to maintain Homes, Lots and
Parcels in accordance with the Community Wide Standards; and it is the responsibility of the Owner to
keep the property (including improvements) in a neat and attractive condition and removed all
objectionable debris or material as may be located on their Lot or Parcel or the Common Property. Open
spaces within the Community (meaning all areas not containing improvements) shall be maintained by
the Association so that its use and enjoyment as open space will not be diminished or destroyed.
8.2 Maintenance by the Association.
8.2.1 Commencing as of the date hereof, the Association shall maintain and keep in
working condition the Common Property, with such maintenance to be funded as herein provided. The
costs of maintenance, repair and replacement of the Common Property shall be collected through one or
more different types of Assessments as described hereinafter.
8.2.2 Any walls, berms, fences and appurtenant landscaping constructed or installed
by the Association shall be maintained by the Association, except as otherwise required to be maintained
by an Owner hereunder. A perpetual, non-exclusive easement of ingress and egress over, across and
through all applicable portions of the Property is hereby granted to the Association for purposes of
construction, installation and maintenance activities related to any such walls, berms and fences. The
Association shall exercise its powers of ingress and egress in a manner which does not unreasonably
interfere with use of the Property over which ingress or egress is utilized.
8.2.3 All Boundary Walls and any other walls, berms and fences constructed or
installed by Declarant and/or the Association shall be maintained by the Association, including all of same
that are constructed upon any portion of a Lot or Parcel. A perpetual easement of ingress and egress
over all applicable portions of the Property is hereby granted to the Association for purposes of
construction, installation and maintenance activities related to any such Boundary Walls and any other
walls, berms and fences. The Association shall exercise its powers of ingress and egress in a manner
which does not unreasonably interfere with use of the Property over which ingress or egress is utilized.
8.2.4 In the event that a Boundary Wall contains a gate providing private access to the
rear yard of a Lot, the Association shall be the sole party responsible for maintaining, repairing, replacing
and/or reconstructing such gates and its related facilities, but the Owner shall be entitled to lock such gate
to ensure such Owner's private use of the gated areas (provided that the Owner shall ensure that the
Association shall have access to the rear yard areas of a Lot or Parcel in order to perform maintenance
activities on a Boundary Wall and any other wall, berm and fence upon prior reasonable written notice
delivered by the Association to such Owner).
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8.2.5 There may be lighting fixtures which are constructed as a part of such gate and
wall structures. The Owner shall be the owner of the lighting fixtures, but the Association shall be
responsible for maintaining, repairing and replacing the lighting fixtures and the light bulbs contained
therein.
8.2.6 The Association may contract with any Person for the maintenance of all or part
of the Common Property for purposes of carrying out all or a portion of the maintenance services
provided for in this Declaration, or for the provision of Telecommunication Services.
8.2.7 If any lake or other water body is part of the Common Property, the Association
shall be responsible for the maintenance of such lake or other water body, except for those lakes or other
water bodies which may be specifically maintained by another entity.
8.2.8 Unless otherwise limited or specifically described elsewhere herein, the
Association may maintain any property which is not a part of the Property or the Common Properties, if,
by agreement of Declarant or the Association, the Association is obligated to maintain such property.
Such maintenance shall include, but shall not be limited to, maintenance of drainage and stormwater
management systems, utilities, berms, swales, lakes and all private streets or roads located on the
Property, including any private streets that may not be specifically maintained by another entity. If
pursuant to any easement the Association is to maintain any improvement within any portion of the
Property, then the Association shall maintain such improvement in good condition at all times. In
addition, the Association shall have the right to assume the obligation to operate and/or maintain any
portion of the Property which is not owned by the Association or Declarant if the Board of Directors, in its
sole discretion, determines that the operation and/or maintenance of such property by the Association
would be in the best interests of the Owners. In such event, where applicable, the Association shall so
notify any Owner otherwise responsible for such operation or maintenance, and thereafter such property
shall be operated and/or maintained by the Association and not by the Owner, until the Board of Directors
determines no longer to assume the obligation to operate and/or maintain such property and so notifies
the appropriate Owner in writing. Without limitation, the Association shall have the right to assume the
obligation to operate and/or maintain any walls or fences on or near the boundaries of the Property, and
any pavement, landscaping, sprinkler system, sidewalks, paths, signs, entrance features, or other
improvements, within the unpaved portion of any public road rights-of-way within or contiguous to the
Property. In addition, the Association shall have the right to maintain entry lights and street lights along
the private streets or roads and publicly dedicated streets or roads, if any, located on the Property. To
the extent the Association assumes the obligation to operate and/or maintain any portion of the Property
which is not owned by the Association, the Association shall have an easement and right to enter upon
such property in connection with the operation in or maintenance of the same, and no such entry shall be
deemed a trespass. Such assumption by the Association of the obligation to operate and/or maintain any
portion of the Property which is not owned by the Association or Declarant may be made in connection
with an agreement with any Owner or any Governmental Entity. Pursuant to any such document, the
operation and/or maintenance of such property may be made a permanent obligation of the Association.
The Association may also enter into agreements with Declarant or any other Person, including any
Governmental Entity, to share in the maintenance responsibility of any portion of the Property or lands not
part of the Property if the Board of Directors, in its sole and absolute discretion, determines this would be
in the best interests of the Owners. To the extent the Association assumes the obligation to operate
and/or maintain any property which is not Common Property or owned by the Association or Declarant,
the obligations of the Association shall be set forth by written agreement entered into with the owner of
such property.
8.2.9 The Association is responsible for maintaining, repairing and replacing the
Community Entry Features and all improvements constructed or developed thereon and therefore from
time to time. Further, the Association is responsible for all lighting of the Community Entry Features and
for the paying of all utilities used in connection with the operation and maintenance thereof. All costs
incurred by the Association in the performance of its maintenance and repair obligations hereunder shall
be included as a general expense of the Association and shall be allocated pursuant to the Assessment
process provided hereinafter.
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8.2.10 The Association may have the obligation for expenses for lease or operation of
street lighting facilities from the date of recording this Declaration or from the date of installation of the
street lighting, whichever occurs first.
8.2.11 The Association is required to maintain, repair and replace all signage required
by the applicable Governmental Entity pertaining to roads, traffic control, mitigation, conservation, wetland
or other areas contained within the Property.
8.2.12 Landscaping. It is the intent of Declarant to maintain a uniform aesthetic
throughout the Community with regard to landscaping. Therefore, the Association is responsible for
maintaining all landscaping in the Community in accordance with this Section 8.2.12, except as otherwise
specially provided herein.
8.2.12.1 Association Maintenance. The Association shall maintain all
landscaping in the Community, including the landscaping installed on Lots or Parcels, except as
otherwise specifically contemplated herein. No modifications or maintenance activities pertaining to
landscaping may be undertaken by an Owner without the express prior written approval of the ARC.
Landscaping maintenance activities shall be undertaken during such hours and on such days as the
Board of Directors may determine from time to time.
8.2.12.2 Supplemental Landscaping. If an Owner desires to install
additional landscaping beyond the base landscaping installed by Declarant, such Owner shall file an
application with the ARC for consideration (except that replacement of landscaping with the same species
of landscaping and in the same location shall not require prior ARC approval) ("Supplemental
Landscaping"). Supplemental Landscaping may only be installed at the Owner's expense by a
landscaping contractor approved in advance by the Association at the sole expense of the Owner.
Following installation of Supplemental Landscaping, the Association shall maintain such Supplemental
Landscaping. The Association shall have the power to levy a Landscaping Assessment against an Owner
for costs and expenses associated with any Supplemental Landscaping installed on such Owner's Lot or
Parcel if determined to be necessary and appropriate by the Board.
8.2.12.3 Landscape Replacement by Owners. An Owner shall be solely
responsible for replacing, at the Owner's sole cost and expense, any and all landscaping contained on a
Lot or Parcel (including, but not limited to. shrubs, trees, palms, and sod) if such landscaping either dies
or requires replacement.
8.2.12.4 Trees. All trees in the Community shall be cared for by the
Association (as used in this sentence, the term "cared for" shall include, but shall not be limited to, all
fertilizing, spraying with insecticides, and trimming and pruning of trees).
8.2.12.4.1 The Association shall not remove any trees, other than
citrus trees as noted hereinbelow, except for diseased or dead trees and trees needing to be removed to
promote the growth of other landscaping or for safety reasons and such removal may be conditioned
upon replacement of removed trees.
8.2.12.4.2 For purposes of clarity, whether on a Lot, Parcel or in a
right-of-way, trees bordering the pavement edge of the roadways (street trees) as installed by Declarant
throughout the Property will be maintained by the Association, including trimming and fertilization.
8.2.12.4.3 Prohibition Against Citrus and Other Fruit Trees in the
Community; Landscaping Decontamination Requirements. No "citrus tree" (defined for purposes of this
Section as a tree or bush bearing citrus fruit) shall be permitted to be contained in the Community, based
upon the historical, current and ongoing difficulties in the state of Florida with citrus canker and the fact
that the only method for eradicating citrus canker is to wholly eradicate all citrus species in a community.
Further, all other types of"fruit trees" (defined to include, but not necessarily be limited to, mango, papaya
and banana trees) are prohibited within the Community, based upon increased costs of Association
maintenance for such fruit trees and potential rodent issues. Such prohibition against citrus trees and
fruit trees shall apply both to citrus trees and fruit trees planted in the ground or any planter, pot or other
114216177.6 33
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decorative feature. Any and all outside landscaping installation and maintenance contractors shall be
required to comply with any decontamination procedures determined by the Board, in its sole discretion,
to be reasonably necessary and warranted. In the event there are citrus trees and/or fruit trees located
within the Community prior to the recordation of this Master Declaration, no Owner or Resident shall be
permitted to harvest any fruit from such trees. The Association shall have all right, power and authority to
cut down and/or remove any and all citrus trees and fruit trees located in the Community, whether located
on the Common Property, a Lot or a Parcel. The Association shall have the power to levy a Specific
Assessment against an Owner who plants or otherwise places a citrus tree or fruit tree on any portion of
the Property.
8.2.12.5 Container Plants. Notwithstanding anything herein to the
contrary, an Owner may maintain a reasonable number of plants in pots or containers that are not
installed in the ground but on lanai or patio areas ("Container Plants"). Each Owner, by virtue of taking
title to a Lot, Unit or Parcel, acknowledges and agrees, and shall be deemed to have acknowledged and
agreed, that (a) Container Plants are and shall be maintained, repaired and replaced at Owner's sole risk,
cost and expense in accordance with the Community Wide Standards; and (b) the Association is unable
to guarantee the safety or protection of Container Plants from toxic spray/fertilizers that may be needed
from time to time in connection with the Association's landscaping maintenance duties hereunder.
8.2.12.6 Plantings Adjacent to Boundary Walls. No plantings may be
installed and maintained in lands adjacent to any Boundary Walls (as defined hereinafter) except as
permitted by the ARC in accordance with the ARC Guidelines for Supplemental Landscaping.
8.2.12.7 Conservation Areas, Wetlands and Upland Buffers. Each
Owner, by virtue of taking title to a Lot, Unit or Parcel, acknowledges and agrees, and shall be deemed to
have acknowledged and agreed that a Lot or Parcel may contain or may be adjacent to wetland
preservation or mitigation areas and upland buffers which are protected by conservation easements and
such areas may not be altered from their natural or permitted condition. Any and all maintenance of such
areas will be performed by the Association in accordance with the SFWMD Permit or respective
easement requirements. The Association may remove exotic or nuisance vegetation or restoration in
accordance with an approved restoration plan included in a conservation easement or the SFWMD
Permit. Exotic vegetation may include, but it is not limited to, melaleuca, Brazilian Pepper, Australian
Pine, and Japanese Climbing Fern or any other species currently listed by the Florida Exotic Pest
Council. Nuisance vegetation may include, but it is not limited to, cattails, primrose willow and grape vine.
The Association shall take all action necessary to enforce the conditions of any conservation easement
on the Property and any SFWMD Permit.
8.2.13 Irrigation.
8.2.13.1 Irrigation Distribution System.
8.2.13.1.1 The Association will own and operate in accordance with
the SFWMD Permit, as part of the Common Property, an underground irrigation distribution system
("Irrigation System") which will provide grass and landscape irrigation to the Property, including all Lots,
Parcels, and Common Property.
8.2.13.1.2 All lines, pipes and facilities shall be constructed to the
boundaries of each Lot or Parcel and the Association shall maintain, repair, replace and/or reconstruct all
portions of the Irrigation System and the lakes and recharge wells which are the source of the waters, as
are contained on or within the portions of the Property owned or maintained by the Association from time
to time, except as otherwise provided herein.
8.2.13.1.3 The Association shall be responsible for maintaining,
repairing, replacing and/or reconstructing all lines, pipes and facilities up to the boundary of a Lot or
Parcel.
8.2.13.1.4 An Owner shall be solely responsible for maintaining,
repairing, replacing and/or reconstructing all lines, pipes and facilities located solely within such Owner's
114216177.6 34
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Lot or Parcel, which shall be deemed to include responsibility for maintaining, repairing and/or replacing
irrigation heads.
8.2.13.1.5 The Irrigation System shall be maintained and operated
in accordance with the Community Wide Standards.
8.2.13.1.6 Regardless of the location of irrigation lines, pipes and
facilities, the Association shall conduct routine and ordinary inspections of the Irrigation System.
8.2.13.2 Reserved Rights of the Association to Control Amount of Water.
The Association, in order to ensure that all portions of the Property may have water for irrigation
purposes, specifically reserves the right, through the determination of the Board, to control, in its sole
discretion, the amount of irrigation water delivered to all particular portions of the Property. In such
regard, the Association shall have exclusive rights and access to all sprinkler timer clocks and automatic
rain sensor/shut-off devices within the Property, whether or not on a Lot, Parcel, or the Common
Property, and each Owner, by virtue of taking title to a Lot or Parcel, acknowledges and agrees, and shall
be deemed to have acknowledged and agreed, that the Association has and shall continue to have such
exclusive rights and that the Owner shall not undertake or permit any action which would interfere,
directly or indirectly, with the Association's exercise of its duties under and pursuant to this Section
8.2.1 3.2.
8.2.13.3 Irrigation System Easement. A perpetual, non-exclusive
easement is hereby granted to the Association over, across, under and through the Property for the
purpose of ingress and egress and designing, studying, mapping, engineering, constructing, maintaining,
operating and servicing any portion(s) of the Irrigation System.
8.2.13.4 Irrigation Service. The Association will manage, maintain and
operate the Irrigation System, and same shall be a part of the Common Property, and the costs and
expenses pertaining to same shall be Common Expenses. Every Owner, by virtue of taking title to a
portion of the Property, shall indemnify, defend and hold harmless the Association and its supervisors,
officers, employees and agents against and in respect of, and reimburse the same on demand for any
and all claims, demands, losses, costs, expenses, settlement obligations, liabilities, damages, recourse
and deficiencies, including, but not limited to, interest, penalties, attorneys' fees and disbursements (even
if incident to appeal) that the Association, its supervisors, officers, employees and agents incur or suffer
which arise, result from or relate to any claim made by any party based on the installation, operation and
maintenance of the irrigation system and the provision of irrigation service to the Lot or Parcel, by virtue
of taking title to a Lot or Parcel, including, without limitation, property damage, personal injury or claims
for inconvenience.
8.2.13.5 Source of Water. All Owners acknowledge and agree, and shall
be deemed to have acknowledged and agreed, that irrigation water is provided from one or more
irrigation lakes and wells that are primarily fed by natural waters, but that the waters in such lakes may be
supplemented from time to time by potable water, reused or reclaimed water, or groundwater sources,
subject to approval by the Governmental Entities. All Owners further acknowledge and agree, and shall
be deemed to have acknowledged and agreed, that the Governmental Entities may in the future require
reclaimed or reused water or reduce and/or limit the use of irrigation waters on the Property.
8.2.13.6 Payment for Irrigation Waters. Owners shall be responsible for
payment to the Association through the Assessment process for the use of waters provided by the
Association for irrigation.
8.3 Failure of Association to Perform its Duties. In the event that the Association shall fail to
carry out any of its maintenance activities hereunder, then any aggrieved Owners may seek to specifically
enforce the provisions of this Declaration subject to the terms and provisions hereof.
8.4 Use of Chemicals by the Association. The maintenance provided by the Association may
include dispensing maintenance chemicals to the extent deemed necessary or desirable, in the judgment
of the Board. A perpetual right and easement on, over and under all portions of the Property is reserved
114216177.6 35
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to the Association to dispense maintenance chemicals and to take other action which, in the opinion of
the applicable party, are necessary to control insects, vermin, weeds and fungi on the Property exclusive
of the interior of buildings and other structures constructed thereon. THE PROVIDING OF
MAINTENANCE CHEMICALS AS DESCRIBED ABOVE SHALL NOT BE CONSTRUED AS AN
OBLIGATION ON THE PART OF THE ASSOCIATION TO PROVIDE SUCH SERVICES.
8.5 Additional Maintenance and Operational Duties. The Association's duties shall include,
but not be limited to, the foregoing maintenance and operational duties as well as any other particular
duties set forth in this Declaration. The Association may, in the discretion of its Board, assume additional
maintenance or operational duties not set forth in this Declaration. In such event, the cost of such
additional duties shall be allocated through the Assessment process as provided hereinafter.
ARTICLE 9: MAINTENANCE BY OWNERS
9.1 Requirements of Owners. If an Owner fails to perform all maintenance activities and
duties required hereunder in accordance with the Community Wide Standards, the Association may, but
shall not be obligated to, enter upon the Lot and perform the necessary maintenance activities, in which
event the Association may charge the Owner for the costs and expenses thereof(through the levying of a
Specific Assessment).
There may be certain Common Properties lying between the rear boundary of a Lot and a
Boundary Wall which are enclosed and can only pertain to one particular Lot for use of such portion of the
Common Property. The Owner of the adjacent Lot thereof shall be permitted to undertake improvements
to and landscaping within such enclosed portion of the Common Property (including, but not limited to,
landscaping installations) without the prior written consent of the ARC, but such Owner shall be required
to maintain such area in the same manner as the Owner maintains such Owner's Lot.
9.2 Requirement to Maintain Insurance. In addition to the foregoing, all Owners shall be
required to obtain and maintain adequate property insurance on their Lot or Parcel (including the Home
thereon). Such insurance shall be sufficient for necessary repair or reconstruction work in the event of
casualty and remove damaged or demolished portions of the Home. If requested, an Owner shall provide
the Association with a copy of the insurance binder evidencing the coverage purchased and the amount
of coverage. The Association shall have the power to undertake legal proceedings to compel compliance
with this insurance requirement.
9.3 Failure to Maintain. In the event an Owner fails to maintain or repair an improvement, or
the landscaping thereon if any, within 30 days' written notice of same from the Association, then the
Association, after approval by 2/3 vote of the Board of Directors, shall have the right, but not the
obligation, through its agents and employees, to repair, maintain, and restore the improvement (or portion
thereof) and the landscaping thereon. The cost of same shall be a Specific Assessment against said
Owner.
9.4 Specific Owner Responsibilities; Maintenance Obligations.
9.4.1 Intent. Each Owner shall maintain the Lot or Parcel and all structures, parking
areas and other improvements thereon unless such maintenance is otherwise specifically provided for in
this Declaration. In the event that a constructed Home shall be unoccupied for a consecutive period of
one month or longer, the Association may require the Owner to designate a responsible firm or individual
to undertake his or her general maintenance responsibilities, which responsibilities shall include, at a
minimum maintaining exterior appearance, safeguarding the property to prepare for severe weather and
repairing the property in the event of any damage therefrom. At the request of the Association, the
names and address of such firm or individual must be furnished to the Association.
9.4.2 Maintenance of Lots and Parcels. With regard to Lots and Parcels:
9.4.2.1 the Owner of a Lot or Parcel shall have the sole responsibility for the
maintenance, repair and replacement of all irrigation systems contained within and upon such Owner's
Lot or Parcel.
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9.4.2.2 All grass and landscaping to be installed within and upon a Lot or Parcel
shall only be installed following approval of such installation by the ARC; provided, however, that ARC
approval shall not be required for installations made by Declarant.
9.4.2.3 All maintenance required by this Section 9.4.2 shall be performed in a
manner consistent with the Community Wide Standards. After 10 days' notice by the Board of Directors
to correct deficient maintenance, if said deficiencies remain uncured, then the Board of Directors shall
have the absolute right to contract for and to perform maintenance as shall be prescribed by the Board of
Directors and for the purpose the Owner grants unto the Board of Directors, its agents, employees, and
all others designated by the Board of Directors, the right to enter upon the property of the Owner for the
purpose of completing such maintenance work, all without liability or responsibility, criminal or civil, for
trespass or any other action. Advance notice shall not be required if the Association determines an
emergency condition exists. The cost of such work required by the Board of Directors to cure
maintenance deficiencies, together with an administration surcharge equal to 10% of such cost, shall be
collected by the Association through the Assessment process as provided hereinafter.
9.5 Performance of Landscaping and Swimming Pool Maintenance by Association Approved
Contractors. The Association shall have the right, but not the obligation, to require that all landscape and
swimming pool maintenance on a Lot or Parcel be performed by one of several approved contractors
meeting the Association's standards of the highest quality and service, and if such requirement is
approved by the Board, the Board shall accordingly promulgate rules and regulations in this regard.
ARTICLE 10: SURFACE WATER DRAINAGE AND MANAGEMENT SYSTEM
10.1 Owner Acknowledgment. Each Owner, by virtue of taking title to a Lot or Parcel,
acknowledges and agrees, and shall be deemed to have acknowledged and agreed, that due to
groundwater elevations underneath the Property, priorities established by Governmental Entities, and
other causes outside of the reasonable control of Declarant and the Association, lake water levels may
fluctuate at certain times during the year and such fluctuations may be material. Neither Declarant nor
the Association shall have any liability for aesthetic conditions, damage to plantings or direct or
consequential damages of any nature caused by the fluctuation of lake water levels, seasonal conditions
or natural occurrences.
10.2 System Defined. The "Surface Water Drainage and Management System" shall be the
portions of the Property including improvements thereon which are designed and constructed or
implemented to control discharges which are necessitated by rainfall events, incorporating methods to
collect, convey, store, absorb, inhibit, treat, use or reuse water or prevent or reduce flooding,
overdrainage, environmental degradation, and water pollution or otherwise effect the quantity and quality
of discharges from such system as contemplated or provided in the applicable permits, development
orders or other authorizations pertaining to the development of the Property. The Surface Water
Management System shall be governed by the approved County and the SFWMD construction plans for
the property, which are on file with the County and SFWMD, as well as the SFWMD Permit.
10.3 Maintenance by the Association.
10.3.1 The Surface Water Drainage and Management System shall be owned and
maintained by the Association in compliance with all approvals, codes and regulations of Governmental
Entities. Maintenance of the Surface Water Drainage and Management System shall mean the exercise
of practices which allow the systems to provide drainage, water storage, conveyance or other surface
water or stormwater management capabilities as permitted by the County and SFWMD and shall
specifically include, but shall not be limited to, maintenance of aquatic vegetation, lake beds, lake banks,
lake liners, littoral planting, culvert pipes, inlets, control structures, monitoring wells and lake maintenance
easements which pursuant to the terms of this Declaration, plat or agreement are not the responsibility of
others, as well as water quality and wetland monitoring or testing. Any repair or reconstruction of the
surface water or stormwater management system shall be as permitted by the County and SFWMD.
10.3.2 The Association shall also be responsible for the perpetual maintenance of the
wetlands, preserves and conservation easement areas, including the control of exotic vegetation,
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contained within the Property in accordance with the SFWMD Permit. The Association shall also maintain
the permanent physical markers designating preserves in perpetuity.
10.3.3 In accordance with the requirements of the SFWMD Permit, the Florida Fish and
Wildlife Conservation Commission's "Living with Black Bears' Management Plan" is contained within
Exhibit G attached hereto and made a part hereof, and the Association and all Owners are responsible for
ensuring compliance with such plan.
10.4 Prohibited Actions. No action shall be undertaken which modifies the Surface Water
Drainage and Management System in a manner which changes the flow of drainage of surface water,
except to the extent the same is approved by the requisite Governmental Entities, Declarant so long as
Declarant owns any portion of the Property, and the Association as the party having the obligation to
maintain the Surface Water Drainage and Management System.
10.5 Easements. The Property shall be burdened with easements for drainage and flow of
surface water in a manner consistent with the approved and constructed Surface Water Drainage and
Management System. The Association, the County and SFWMD shall have a non-exclusive easement
for use of Surface Water Drainage and Management System, and an easement for ingress, egress and
access to enter upon any portion of the Property in order to construct, maintain or repair, as necessary,
any portion of the Surface Water Drainage and Management System, provided such easement rights
shall be exercised in a manner which does not unreasonably disturb use or condition of the Property.
10.6 Conveyance by Declarant. Declarant may convey its ownership interest in the lakes,
preserves, conservation areas, or other surface water drainage and management systems within the
Property to the Association, together with easements for maintenance and other drainage improvements,
such as by way of example and without limitation, weirs and underground pipes.
10.7 Amendments Impacting the Surface Water Management System. Any amendment of
this Declaration which would affect the Surface Water Drainage and Management System or the
responsibility of the Association to maintain or cause to be maintained the Surface Water Drainage and
Management System must have prior written approval by the County, the SFWMD and the Association.
10.8 Enforcement. Declarant, the County, SFWMD, the Association and each Owner shall
have the right to enforce, by a proceeding at law or in equity, the provisions contained in this Declaration
which relate to the maintenance, operation, monitoring, repair and replacement of the Surface Water
Drainage and Management System and maintenance of all easements and rights-of-way.
ARTICLE 11: ADDITIONS TO OR DELETIONS FROM PROPERTY
11.1 General.
11.1.1 Additions to the Property. Additional land (which shall not necessarily be
required to be contained within the general concepts of the Community, and in fact may be lands located
in the general vicinity of the Community as owned by Declarant) may be made subject to all the terms
hereof and brought within the jurisdiction and control of the Association in the manner specified in this
Article. Such additional property may constitute additional Common Property or a portion of the Property.
Notwithstanding the foregoing, however, under no circumstances shall Declarant be required to make
such additions, and until such time as such additions are made to the Property in the manner hereinafter
set forth, no other real property shall in any way be affected by or become subject to this Declaration. All
additional land which is brought within the jurisdiction and control of the Association and made subject to
this Declaration, pursuant to this Article, shall thereupon and thereafter be included within the term
"Property" as used in this Declaration. Notwithstanding anything contained in this Section, Declarant
neither commits to, nor warrants or represents, that any such additional land will be made subject to and
brought within the jurisdiction and control of the Association.
11.1.2 Mergers. Upon a merger or consolidation of the Association with another
non-profit corporation, its property (whether real or personal or mixed) may, by operation of law, be
transferred to the surviving or consolidated corporation or, alternatively, the property of the other
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non-profit corporation may, by operation of law, be added to the property of the Association as the
surviving corporation pursuant to a merger. The surviving or consolidated corporation shall thereafter
operate as the Association under this Declaration and administer the covenants and restrictions
established by this Declaration upon the Property. No such merger or consolidation, however, shall effect
any revocation, change or addition to the covenants established by this Declaration.
11.1,3 Deletions from the Property only by Declarant. Except as otherwise provided
herein pertaining to deletions from the Property, only Declarant may delete and withdraw a portion of the
Property from being subject to this Declaration.
11.2 Procedure for Making Additions to or Deletions from the Property. Additions to or
deletions from the Property may be made, and thereby become subject to this Declaration by, and only
by, the following procedure:
11.2.1 Addition of Lands by Declarant. Except as otherwise provided in herein where
applicable and to the contrary, Declarant shall have the right from time to time, in its discretion and
without need for consent or approval by either the Association or any Owner or Member, or other third
party to make additional lands owned by Declarant subject to the scheme of this Declaration and to bring
such land within the jurisdiction and control of the Association; provided, however, in the event any
portion of such additional land is encumbered by one or more mortgages, Declarant must obtain the
consent and approval of each holder of such Mortgage(s). In Declarant's sole discretion, portions of such
additional land may be designated as Common Property.
11.2.2 Procedure for Adding Lands. The addition shall be accomplished by Declarant
filing of record in the public records of the County a supplement to this Declaration with respect to the
additional land is made subject to this. Except as otherwise provided herein where applicable, such
supplement need only be executed by Declarant and shall be accompanied by the consent(s) and
joinder(s) of any holder(s) of Mortgage(s) on such additional land. Such supplement may contain such
additional provisions and/or modifications of the covenants and restrictions contained in this Declaration
as may be necessary to reflect the different character, if any, of the added land or permitted uses thereof.
In no event, however, shall such supplement revoke, modify, or add to the covenants and restrictions
established by this Declaration affecting the land already constituting the Property unless such
supplement also constitutes an amendment accomplished in accordance with Article 21 hereof.
11.2.3 Continued Use of Common Property. No addition shall revoke or diminish the
rights of the Owners of the Property to the utilization of the Common Property as established hereunder,
except to grant to the owners of the land being added to the Property the right to use the Common
Property according to the terms and conditions as established hereunder, and the right to vote and be
assessed as hereinafter provided.
11.2.4 Withdrawal of Lands by Declarant. Declarant may delete and withdraw one or
more portions of the Property from being subject to this Declaration by a supplement to this Declaration
recorded in the public records of the County which specifically and legally describes the property being
withdrawn. Declarant must own the property being withdrawn. Such supplement need only be executed
by Declarant and shall not require the joinder and consent of the Association or any Owner or Member, or
other third party.
11.2.5 No Obligation to Add or Withdraw Lands. Nothing contained in this Article shall
obligate Declarant to make additions to or deletions from the Property.
11.3 Voting Rights of Declarant as to Additions to the Property. Declarant shall have no voting
rights as to the land to be added to the Property or any portion thereof until such land is actually added to
the Property in accordance with the provisions of this Article. Upon such land being added to the
Property, Declarant shall have the voting rights as set forth in the instrument amending or supplementing
this Declaration.
11.4 Assessment Obligations of Declarant as to Additions to the Property. Declarant shall
have no assessment obligations as to the land added to the Property until such land or portion thereof is
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actually added to the Property in accordance with the provisions of this Article, following which Declarant
shall have assessment obligations as set forth in this Declaration.
ARTICLE 12: MEMBERSHIP AND VOTING RIGHTS
12.1 Membership.
12.1.1 Non-Declarant Owner Member. Each Owner and the Owner of a Lot or Parcel
(including Declarant) shall be a Member as to each Lot or Parcel (or portion thereof) owned. When any
Lot or Parcel is owned of record by two or more Persons, all such Persons shall be a Member of the
Association. Membership shall be appurtenant to, and may not be separated from, ownership of any Lot
or Parcel and shall be automatically transferred by conveyance of that Lot or Parcel. When more than
one individual holds an interest in a Lot or in a Parcel which has not yet been divided into Homes, the
vote for such Lot or Parcel shall be exercised as the Owners thereof determine, but in no event shall
more than the number of votes hereinafter designated be cast with respect to any such Lot or Parcel.
Prior to the time of any meeting at which a vote of the membership is to be taken, the co-Owners shall file
the name of the voting co-Owner with the secretary of the Association in order that such voting co-Owner
is permitted and entitled to vote at such meeting, unless a general voting certificate giving such
information shall have previously been filed with the secretary of the Association. The By-Laws may
provide more detailed provisions regarding the voting procedure for co-Owners, including, but not limited
to, husband and wife co-Owners, and also Owners which are corporations or other legal entities. There
shall be no split vote permitted with respect to such Lots or Parcels. Any Member may cast such
Member's vote(s) upon becoming a Member without regard to a record date for determining those
Members entitled to vote, unless otherwise provided in the By-Laws or otherwise provided in the statutes
of Florida governing the Association.
12.1.2 Declarant. Declarant shall be a Member until such time as all of the Lots and
Parcels that may be constructed within the Residential Property have been conveyed to third parties, or
until Declarant relinquishes its membership by written notice to the Association recorded in the public
records of the County.
12.2 Classes of Membership and Voting. The Association shall have 2 classes of voting
membership. The 2 classes of voting membership, and the voting rights related thereto, are as follows:
12.2.1 Class A. "Class A Members" shall be all of the Owners of the Residential
Property; provided, however, that so long as there is Class B membership, Declarant shall not be a Class
A Member. "Class A Lots and Parcels" shall mean all Lots and Parcels owned by the Class A Members.
12.2.2 Class B. The "Class B Member" shall be Declarant. "Class B Lots" shall be all
Lots and Parcels owned by Declarant which have not been converted to Class A membership as provided
below.
12.3 Creation of Classes of Membership and Voting. Declarant shall have the right to create
new classifications of membership by the recordation of an instrument in the public records of the County
reflecting same. Any such instrument recorded by Declarant must reflect the ownership classification,
voting rights and assessments relating to such classification of membership.
ARTICLE 13: TRANSFER OF CONTROL
13.1 Transfer of Control of the Association.
13.1.1 Until Transfer of Control, Declarant shall be entitled to solely appoint all members
of the Board, provided that Members other than Declarant are entitled to elect at least one member of the
Board (but not a majority of the members of the Board) once 50% percent of the Lots and Parcels in all
phases of the Community which will ultimately be operated by the Association have been conveyed to
Members.
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13.1.2 Class B membership will terminate and convert automatically to Class A
membership, and Transfer of Control of the Association for the Members other than Declarant shall occur,
when the earliest of the following events occurs:
13.1.2.1 3 months after 90% of the Lots and Parcels in all portions of the
Community which are or may be ultimately subject to governance by the Association have been
conveyed to third party Owners;
13.1.2.2 upon Declarant abandoning or deserting its responsibility to
maintain and complete the amenities or infrastructure as disclosed in the Governing Documents (there is
a rebuttable presumption that Declarant has abandoned and deserted the Property if Declarant has
unpaid Assessments or guaranteed amounts under Section 720.308 of the Act for a period of more than 2
years);
13.1.2.3 upon Declarant filing a petition seeking protection under chapter
7 of the federal Bankruptcy Code;
13.1.2.4 upon Declarant losing title to the Property through a foreclosure
action or the transfer of a deed in lieu of foreclosure, unless the successor owner has accepted an
assignment of developer rights and responsibilities first arising after the date of such assignment;
13.1.2.5 upon a receiver for Declarant being appointed by a circuit court
and not being discharged within 30 days after such appointment, unless the court determines within 30
days after such appointment that transfer of control would be detrimental to the Association or its
members; or
13.1.2.6 when Declarant waives its rights to Class B membership, which
waiver shall be evidenced by the recording of a certificate to such effect in the public records of the
County.
13.2 Subsequent to Transfer of Control. Subsequent to Transfer of Control, Declarant shall be
entitled to elect at least one member of the Board (and in fact shall be entitled to elect all members of the
Board which will constitute one less than a majority of the members of the Board) as long as Declarant
holds for sale in the ordinary course of business at least 5% of the Lots and Parcels that may be
constructed in all phases of the Community that will ultimately be operated by the Association. After
Declarant relinquishes control of the Association, Declarant may exercise the right to vote in the same
manner as any other Member, except for purposes of reacquiring control of the Association by selecting
the majority of the members of the Board of Directors.
13.3 Termination of Class B Membership. Upon transfer of control of the Association, Class B
membership shall terminate and Declarant shall own portions of the Residential Property in the same
manner as a Class A Member.
ARTICLE 14: RIGHTS AND OBLIGATIONS OF THE ASSOCIATION
14.1 General Provisions. The Association shall govern, make Rules and Regulations, and
control and manage the Residential Property and the Common Property pursuant to the terms and
provisions of the Governing Documents. The Association may lease all or any portion of the Common
Property conveyed to the Association, pursuant to the provisions of this Declaration, which lease must be
subject to and in accordance with the provisions of this Declaration. The Association shall further have
the obligation and responsibility for the hiring of certain personnel and purchasing and maintaining such
equipment as may be necessary for the administration and operation of the Association, the
maintenance, repair, upkeep and replacement of any Common Properties and facilities which may be
located thereon (including, but not limited to, the maintenance of all required buffer zones, lakes,
rights-of-way, roads, medians, swales, and utility easements), and the performance of any of its other
maintenance obligations. Any Common Properties which are to be maintained by the Association as
provided herein shall be maintained in good condition and repair. The Association shall also perform
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such other duties as are set forth herein, including, but not limited to, the following specific maintenance
and operational duties:
14.1.1 Entry System. Notwithstanding the foregoing, the Association may, but is not
obligated to, operate an entry system at the Property. If an entry service is operated by the Association,
the Board of Directors shall determine, in its sole discretion, the scheduling, costs and expenses of such
entry service. Further, the Association shall maintain any electronic, mechanical or entry systems which
may be installed by Declarant or the Association to control and/or monitor access onto the Residential
Property from adjoining lands. Nothing in this Declaration shall obligate the Association to employ or
maintain an access control service or personnel or any electronic, mechanical or other property protection
system.
14.1.2 Utilities and Taxes. The Association shall pay for all utility services (including,
without limitation, any and all electric, telephone, water, sewer, cable and interactive television and entry
systems) and all real property ad valorem taxes and governmental liens assessed against the Common
Properties and billed to the Association.
14.1.3 Insurance. The Association shall at all times obtain and maintain policies of
commercial general liability insurance, hazard insurance, flood insurance, and such other types of
insurance as the Board deems adequate and advisable generally and specifically to comply with
requirements of Institutional First Mortgagees. The Association additionally shall cause all persons
handles or is responsible for collecting and disbursing Association funds to be insured or bonded with
adequate fidelity insurance or bonds.
14.1.4 Boundary Walls. The Association may, but shall in no manner be obligated to,
construct a wall, fence, hedge or other improvements (collectively, "Boundary Wall") along the perimeter
of the Property (which shall be deemed to include adjacent areas contained on a Lot as permitted under
the subdivision plat pertaining to the Community). The Association shall maintain, repair, replace and
insure, at its expense, all Boundary Walls which are constructed by it or by Declarant (including the
interior surface thereof)within the Community.
14.1.5 Additional Water Management Provisions. The Association has the power to
accept subsequent phases that will utilize the surface water management system as originally
contemplated under the County and SFWMD construction plans.
14.2 Management Contracts and Leases of Common Property. The Association shall
expressly have the power to contract for the management of the Association and/or the Common
Property, and to lease the Common Property and the recreation facilities in accordance with the
provisions of this Declaration, and shall further have the power to delegate to such contractor or lessee
any or all of the powers and duties of the Association respecting the contract granted or property leased.
The Association shall further have the power to employ administrative and other personnel to perform the
services required for proper administration of the Association. The undertakings and contracts authorized
by the Board of Directors consisting of directors appointed by Declarant shall be binding upon the
Association in the same manner as though such undertakings and contractors had been authorized by
the Board of Directors consisting of directors duly elected by the membership of the Association.
14.3 Telecommunications Services.
14.3.1 Authority of the Association. The Association shall have the right, but not the
obligation, to establish exclusive systems for the provision of Telecommunication Services. The
Association may establish and operate such systems itself or may enter into agreements with related or
unrelated persons or entities for this purpose, with any such agreements to be on such terms as the
Board shall deem, in its sole discretion, to be in the best interests of the Owners. If Declarant is not the
"Telecommunications Provider" (defined to mean Declarant and/or any other party operating the
Telecommunications Services) for any particular Telecommunications Service, Declarant shall have the
right to receive, on a perpetual basis, all or a portion of access fees and/or the revenues derived from
such Telecommunications Service within the Property as agreed, from time to time, between the
Telecommunications Provider and Declarant. Any such systems for Telecommunications Services shall
be mandatory for all Owners, regardless of when they took title to a Lot or Parcel.
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14.3.2 Terms of Services. The terms upon which the Telecommunications Services are
established and operated by a Telecommunications Provider may include, but shall not be limited by or
to, the following:
14.3.2.1 Every Lot or Parcel within the Property receiving
Telecommunications Services pursuant to the terms of this Section 14.3 may be subject to a charge,
payable per Lot or Parcel on the first day of each month or quarter in advance, of specified dollar
amounts for Telecommunications Services, which dollar amounts are subject to periodic adjustment.
14.3.2.2 The Association may impose Assessments for
Telecommunications Services fees due and payable as provided for in Section 14.3.2.1 and may collect
the same and remit the amount collected to the Telecommunications Provider.
14.3.2.3 Where an Institutional Lender or another party obtains title to a
Lot or Parcel as a result of the foreclosure of a First Mortgage, such acquirer of title, its successors and
assigns, shall not be liable for the payment of the aforementioned charges pertaining to such Lot or
Parcel which become due prior to acquisition of title in the manner provided above.
14.3.3 Easement for Telecommunications Services. Declarant hereby (a) reserves for
itself and its nominees, successors, assigns, affiliates, and licensees, and (b) grants to (i) the Association
and its nominees, successors, assigns, affiliates, and licensees, and (ii) each Telecommunications
Provider providing Telecommunications Services to all or a part of the Property pursuant to an agreement
between Declarant or the Association and such Telecommunications Provider, a perpetual, non-exclusive
easement, privilege and right in and to, over, under, on and across all of the Property for the purpose of
erecting, installing, maintaining, operating and removing any and all equipment or other property
associated with the Telecommunications Services.
14.3.4 Structures. Notwithstanding anything to the contrary in this Declaration,
Declarant hereby (a) reserves for itself, and its nominees, successors, assigns, affiliates, and licensees,
and (b) grants to (i) the Association and its nominees, successors, assigns, affiliates, and licensees, and
(ii) any Telecommunications Providers, the right to erect, install, maintain, operate and remove from the
Property, at any time and from time to time, any satellite dish, tower or other such structure or equipment
for the purpose of establishing and operating Telecommunications Services.
14.3.5 Restoration. Upon the completion of any installation, upgrade, maintenance,
repair or removal of the Telecommunications Systems or any part thereof, each Telecommunications
Provider shall restore the relevant portion of the Common Property and/or any Lot or Parcel to as good a
condition as that which existed prior to such installation, maintenance, repair or removal. Failure by
Telecommunications Provider to complete such restoration within 10 days after receiving written notice
from Declarant or the Board of such failure shall vest in Declarant or the Board the right, but not the
obligation, to restore or cause to be restored such portion of the Common Property and/or Lot or Parcel
by such work, all at such Telecommunications Provider's sole cost and expense, except for in emergency
situations whereby Declarant or the Board may restore or cause to be restored such disturbed portion of
the Common Property and/or Lot or Parcel. In the event that Declarant or the Board exercises the right of
self-help, each Telecommunications Provider agrees in advance that Declarant or the Board shall have
the sole right to (a) select the contractors to perform such work, and (b) determine the extent of required
restoration. This remedy of self-help is in addition to all other remedies of Declarant or the Board
hereunder. All reasonable expenses incurred by Declarant or the Board in connection with such
restoration shall be paid by Telecommunications Provider within 10 days of delivery to
Telecommunications Provider of Declarant's or the Board's invoice therefor. Any expenses not so paid
when due shall bear interest from the due date at the maximum rate of interest allowed by the law of the
State of Florida for such obligations, or as provided in any agreement between a Telecommunications
Provider and Declarant or the Board.
14.4 Performance of Association's Duties by Declarant. Declarant shall have the right from
time to time, at its sole discretion, to perform, at Declarant's expense, the duties and obligations required
hereunder to be performed by the Association, and in connection therewith to reduce the Annual Budget
of the Association and the Assessments for Common Expenses payable by the Members; provided,
however, that any such performance on the part of Declarant may be discontinued by Declarant at any
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time, and any such performance shall not be deemed to constitute a continuing obligation on the part of
Declarant.
14.5 Action of the Board of Directors. Unless an action is required to be taken in this
Declaration by the Members, an action of the Board shall constitute an action of the Association.
ARTICLE 15: COVENANT FOR ASSESSMENTS; CAPITAL CONTRIBUTIONS
15.1 Assessments Established; Commencement of Assessments. The Association shall levy
the Assessments described in Exhibit E attached hereto and made a part hereof as may be necessary
and from time to time. Except as otherwise provided in this Declaration or as otherwise determined by
the Board from time to time, payment of the Assessments for any subject fiscal year shall be required as
of the first day of such fiscal year. Each Owner shall pay the assessed amounts directly to the
Association. Notwithstanding any provision herein to the contrary, Assessments shall only be levied
against a Lot or Parcel for which a certificate of occupancy has been issued for the Home constructed
thereon.
15.2 Responsibility for Payment. The respective Owners as provided herein shall be
responsible to pay such Assessments plus all excise or other taxes, if any, that from time to time as may
be imposed upon such Owner's respective portion of the Assessments established by this Article. All of
the foregoing, together with interest, late fees, and all costs and expenses of collection, including
reasonable attorneys' fees and paraprofessional fees at all levels, including appeals, collections and
bankruptcy, are jointly and severally the personal obligation of the Owners of the respective Parcel.
15.3 Adoption of Annual Budget; Notice to Owners of Assessments. The Board shall annually
prepare a budget covering the estimated expenses of the Association for the coming year ("Annual
Budget"). Any Annual Budget adopted by the Board (which must be adopted by the Board of Directors at
a meeting at which notice was given to the Members in accordance with Section 720.303 of the Act) may
include a capital contribution establishing a reserve fund, in accordance with a reserve budget separately
prepared, and shall separately list various expenses in a format such that the various Assessments can
be determined and levied. The Board shall make diligent effort to provide notice of Assessments to the
Owners at least 30 days in advance of each Assessment period. The Annual Budget and all
Assessments shall be determined by the Board of Directors in their sole and absolute discretion. The
Board of Directors may modify the Annual Budget as necessary during the fiscal year, and levy modified
Assessments in conformity therewith.
In the event that the proposed Annual Budget is disapproved or the Board fails for any reason to
determine the Annual Budget for any year, then and until such time as an Annual Budget shall have been
determined as provided herein, the Annual Budget in effect for the immediately preceding year shall
continue for the current year; provided, however, that upon the adoption of a new Annual Budget, the
same shall be deemed retroactive to the beginning of the then-current fiscal year and each Owner shall
pay the increase, if any, in the Assessments from the beginning of such year at the time the next
Assessment installment is due.
The Annual Budget is projected and is based upon good faith estimates and analysis and not
upon historical operating figures. Each Owner is hereby notified that the amount of the Assessments that
actually are levied by the Association may be significantly lower or higher than originally projected.
15.4 Declarant's Assessments. Notwithstanding any provision of the Governing Documents to
the contrary, Declarant shall not be obligated to pay any Assessment for any Lot or Parcel which it may
own during any period of time that Declarant shall be responsible for paying the difference between the
Association's operating expenses and the sum of the revenues of the Association from all sources. The
term "all sources" used in the previous sentence includes, but is not limited to, interest earned on
Association deposits, revenues from the operation of Common Property, Initial Capital Contributions (as
defined hereinafter) and the Assessments levied against the Members other than Declarant. Such
difference, herein called the "deficit funding", shall not include any reserve for replacements, operating
reserves (if any), depreciation reserves (if any) or capital expenditures. Declarant shall be obligated for
deficit funding for each year of operation until such time that Declarant shall give written notice to the
Board terminating its responsibility for deficit funding during the next succeeding fiscal year. Upon giving
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such notice, each Lot or Parcel owned by Declarant for which a certificate of occupancy has been issued
for the Home constructed thereon shall thereafter be assessed in the same manner as Lots or Parcels
owned by Owners other than Declarant. Notwithstanding any provision herein to the contrary, any deficit
funding provided by Declarant pursuant to this Section shall automatically terminate as of Transfer of
Control. Any surplus may either be paid to Declarant after the conclusion of the fiscal year or carried
forward to the next fiscal year at the sole option of Declarant. There is no limit to the number of years for
which a surplus may be accumulated. Any surplus remaining at Transfer of Control shall be paid to
Declarant. In conjunction with Transfer of Control, an audit will be conducted to determine the cumulative
"due to" or"due from" Declarant for the term of the deficit funding.
15.5 No Assessments for Common Properties. The Assessments provided for or created by
this Article shall not apply to the Common Properties or any other property dedicated to and accepted for
maintenance by a Governmental Entity.
15.6 Lien for Assessments; Personal Obligation of Owner(s).
15.6.1 All sums assessed and charged against any Lot or Parcel pursuant to this
Declaration, together with interest, late fees, all amounts coming due thereafter, and all costs and
expenses of collection, including reasonable attorneys' fees and paraprofessional fees at all levels,
including appeals, collections and bankruptcy, shall be secured by a continuing lien in favor of the
Association on such Lot or Parcel, which may be foreclosed in the same manner as a mortgage lien is
foreclosed under applicable Florida law. The lien is effective from and after the recording of a claim of
lien in the public records of the County, stating the description of the Lot or Parcel, the name of the
Owner, the amount due, and the due dates. The claim of lien must be signed and acknowledged by an
officer or agent of the Association. Upon payment in full of all sums secured by the lien, the Owner or
other person making the payment is entitled to a satisfaction of the lien recorded in the public records of
the County.
15.6.2 In addition to the continuing lien described in Section 15.6.1 above, all sums
assessed and charged against any Lot or Parcel pursuant to this Declaration, together with interest, late
fees, all amounts coming due thereafter, and all costs and expenses of collection, including reasonable
attorneys' fees and paraprofessional fees at all levels, including appeals, collections and bankruptcy, shall
also be the personal obligation of the person or persons who was or were the Owner(s) of such Lot or
Parcel when such sums became due and owing.
15.7 No Set-Offs. No Owner shall have the right to set-off or reduce any Assessment by any
claims that such Owner may have or may claim to have against the Association or against Declarant.
15.8 Certificate. Upon demand, and for a reasonable charge, the Association will furnish to
any interested person a certificate signed by an officer of the Association setting forth whether there
exists any unpaid Assessments against a specific Lot or Parcel, and, if so, the unpaid balances(s).
15.9 Remedies of the Association. Any Assessment not paid within 30 days after its due date
shall bear interest until paid at the rate of 15% per annum, or such other rate as may be from time to time
determined by the Board; provided, however, that such rate shall not exceed the maximum rate not
constituting usury under Florida law. In addition, an administrative late fee of$15.00 shall be imposed for
any Assessment not paid within 10 days after its due date. The Association may bring an action at law
against the respective Owner obligated to pay such Assessment and may foreclose its lien. A suit to
recover a money judgment for unpaid assessments may be maintained without foreclosing, waiving, or
otherwise impairing the security of the Association's lien or its priority.
15.10 Foreclosure. The lien for sums assessed pursuant to this Article may be enforced by
foreclosure in the same manner in which mortgages on real property from time to time may be foreclosed
in the State of Florida. In any such foreclosure, the defendant shall be required to pay all costs and
expenses of foreclosure incurred by the Association, including, but not limited to, reasonable attorneys'
fees and paraprofessional fees at all levels, including appeals, collections and bankruptcy. All such costs
and expenses are secured by the lien foreclosed. The Owner also is required to pay to the Association
any Assessments against the Lot or Parcel that become due during the pendency of the foreclosure,
which Assessments also are secured by the lien foreclosed. The Association has the right and power to
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bid at the foreclosure or other legal sale to acquire the Lot or Parcel foreclosed, or to acquire such Lot or
Parcel by deed or other proceeding in lieu of foreclosure, and thereafter to hold, convey, lease, rent,
encumber, use and otherwise deal with such Lot or Parcel as its owner for purposes of resale only. If any
foreclosure sale results in a deficiency, the court having jurisdiction of the foreclosure may enter a
personal judgment against the Owner for such deficiency.
15.11 Reimbursement of Fee for Worthless Check. In the event that the Association incurs any
bank service charge or fee as a result of depositing a worthless or otherwise uncollectible check issued to
the Association for the payment of any Assessment or other sum due to the Association, the issuer of
such worthless or otherwise uncollectible check shall reimburse the Association for such bank service
charge or fee incurred, together with an administrative processing fee of$25.00.
15.12 Subordination of the Lien to First Mortgages.
15.12.1 The claim of lien filed by the Association shall be subordinate to the lien of any
First Mortgage held by a First Mortgagee recorded and valid before the effective date of this provision.
15.12.2 If a Mortgage against a Lot or Parcel (a) is properly recorded as a First Mortgage
before the Association's claim of lien is recorded and (b) maintains First Mortgage priority, then the
liability of the Lot or Parcel and the First Mortgagee (and its successor or assignee who acquires title to
the Lot or Parcel by foreclosure or by deed in lieu of foreclosure, but only if the successor or assignee is
the subsequent holder of the First Mortgage) for the unpaid Assessments that became due before the
First Mortgagee's acquisition of title is limited, in accordance with the applicable provisions of the Act, to
the lesser of:
15.12.2.1 The Lot's or Parcel's unpaid Assessments which accrued or
came due during the 12 months immediately preceding the acquisition of title or for which payment in full
has not been received by the Association; or,
15.12.2.2 One percent (1%) of the original debt secured by the First
Mortgage.
15.12.3 The limitation of liability for payment of Assessments contained in this Section
applies only if the First Mortgagee joins the Association as a defendant in the foreclosure action;
however, joinder of the Association is not required if, on the date the foreclosure complaint is filed, the
Association was dissolved or did not maintain an office or agent for service of process at a location which
was known to or reasonably discoverable by the First Mortgagee.
15.12.4 All unpaid Assessments as a result of this exception are Common Expenses,
collectible from all of the Owners, including the new Owner and the Owner's successors and assigns.
Such new Owner is not excused from liability for any Assessments against the Owner's Lot or Parcel
which accrue after the Owner's acquisition of title; provided, however, that if the Association is the
grantee, it is excused from payment. Notwithstanding the foregoing, First Mortgagee shall be exempt
from liability for Assessments coming due before the First Mortgagee receives title to the Lot or Parcel as
the result of a foreclosure or deed-in-lieu of foreclosure.
15.12.5 The Association may give any encumbrancer of record 30 days' notice within
which to cure such delinquency before instituting foreclosure proceedings against the Lot or Parcel. Any
encumbrancer holding a lien on a Lot or Parcel may, but is not required to, pay any amounts secured by
the lien established by this Article 15; upon such payment, such encumbrancer will be subrogated to all
rights of the Association with respect to such lien, including priority.
15.12.6 The liability limitations contained in this Article 15 for First Mortgagees shall be
expanded in the Association's favor to the fullest extent permitted by the applicable provisions of the Act,
as amended from time to time.
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15.13 Reserves.
15.13.1 The Association may, but shall not be required to, collect reserves for future or
deferred maintenance, even though there is and shall be no requirement for the collection of any reserves
for such maintenance.
15.13.2 From time to time, the Association, through the Board, may elect to collect
reserves, in which event such amounts shall be Common Expenses. If the Board determines that
reserves are to be collected:
15.13.2.1 the Board shall determine the appropriate level of the reserves
based on a periodic review of the useful life of the improvements to the Common Properties and
equipment owned by the Association, as well as periodic projections of the cost of anticipated major
repairs or improvements to the Common Properties, the purchase of equipment to be used by the
Association in connection with its duties hereunder; and
15.13.2.2 the Annual Budget shall disclose the exact monies collected and
the reserve categories involved.
15.13.3 Each Owner, by virtue of taking title to a Lot or Parcel, acknowledges and
agrees, and shall be deemed to have acknowledged and agreed, that:
15.13.3.1 the Association, during the period prior to Transfer of Control,
has no obligation to establish and collect, and shall not establish and collect, reserves except to the
extent specifically mandated by the Act;
15.13.3.2 there is no statutory requirement for the establishment and
collection of reserve accounts as of the date of recording of this Declaration; and
15.13.3.3 the Board has the exclusive power and authority to determine
when and if reserves should be established, based upon its sole discretion.
15.14 Contributions to Capital; Consent of Owners.
15.14.1 Types of Capital Contributions. There shall be 2 different capital contributions
that will be paid in conjunction with the purchase of a Lot or Parcel:
15.14.1.1 Initial Capital Contribution. At the time that the initial sale of
each Lot or Parcel is closed, the purchaser of the Lot or Parcel shall pay to the Association an "Initial
Capital Contribution." This sum shall be used and applied for start-up costs and as a working fund in
connection with any and all operating expenses of the Association and any and all obligations of the
Association that may exist from time to time. This payment shall not be refundable or applied as a credit
against the Owner's payment of Assessments. At the onset of the Community, the Initial Capital
Contribution shall be set at $500.00, but such amount may be changed from time to time by the Board in
its sole discretion. All Initial Capital Contribution monies may be used by the Association while under
Declarant control as determined by the Board in its sole discretion from time to time, and shall be
maintained in the Association's general operating accounts in the same manner as monies collected from
other sources (exclusive of reserves).
15.14.1.2 Initial Landscaping Capital Contribution. At the time that the
initial sale of each Lot or Parcel is closed, the purchaser of the Lot or Parcel shall pay to the Association
an "Initial Landscaping Capital Contribution." The Initial Landscaping Capital Contribution shall be
separate and distinct from the Initial Capital Contribution. The Initial Landscaping Capital Contribution
shall be specifically utilized to provide for landscaping replacement and improvements (e.g., annuals,
plants, trees and the supporting infrastructure) to the Common Property or other lands required to be
maintained by the Association pursuant to this Declaration or by separate agreement. This payment shall
not be refundable or applied as a credit against the Owner's payment of Assessments. At the onset of
the Community, the Initial Landscaping Capital Contribution shall be set at$300.00, but such amount may
114216177.6 47
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be changed from time to time by the Board in its sole discretion. All Initial Landscaping Capital
Contribution monies shall be maintained in a special Association banking account (i.e., separate and
apart from the general accounts of the Association) that is created and designated solely for such Initial
Landscaping Capital Contribution monies. All Initial Landscaping Capital Contribution monies may be
used by the Association while under Declarant control as determined by the Board in its sole discretion
from time to time.
15.14.2 Acknowledgement, Agreement and Consent of Owners. Each Owner, by virtue
of taking title to a Lot or Parcel, acknowledges, agrees and consents, and shall be deemed to have
acknowledged, agreed and consented, with and to the provisions of this Section 15.14 including, but not
limited to, all obligations for monetary payment to the Association and such Owner's responsibilities
therefore.
15.15 Application of Payments Received from an Owner. Any payments received by the
Association from a delinquent Owner shall be applied first to any interest accrued as provided in this
Article, then to any administrative late fee, then to any fines levied by the Association pursuant to the
applicable provisions of the Governing Documents and the Act, then to costs and reasonable attorneys'
fees incurred in collection as provided in this Article, and then to any delinquent and/or accelerated
Association assessments. The foregoing application of funds received shall be applicable despite any
restrictive endorsement, designation, or instruction placed on or accompanying a payment.
15.16 Collection of Rents from Tenants.
15.16.1 If a Lot or Parcel is occupied by a tenant and the Owner is delinquent in paying
any monetary obligation due to the Association, the Association may demand that the tenant pay to the
Association the subsequent rental payments and continue to make such payments until all the monetary
obligations of the Owner related to the Lot or Parcel have been paid in full to the Association and the
Association releases the tenant or until the tenant discontinues tenancy in the Lot or Parcel.
15.16.2 The Association must provide the tenant a notice, by hand delivery or United
States mail, in substantially the following form:
Pursuant to section 720.3085(8), Florida Statutes, we demand that you make
your rent payments directly to the Owners' association and continue doing so
until the association notifies you otherwise.
Payment due the Owners' association may be in the same form as you paid your
landlord and must be sent by United States mail or hand delivery to (full
address), payable to (name) .
Your obligation to pay your rent to the association begins immediately, unless
you have already paid rent to your landlord for the current period before receiving
this notice. In that case, you must provide the association written proof of your
payment within 14 days after receiving this notice and your obligation to pay rent
to the association would then begin with the next rental period.
Pursuant to Section 720.3085(8), Florida Statutes, your payment of rent to the
association gives you complete immunity from any claim for the rent by your
landlord.
15.16.3 A tenant is immune from any claim by the Owner related to the rent timely paid to
the Association after the Association has made written demand.
15.16.4 If the tenant paid rent to the landlord or Owner (if different) for a given rental
period before receiving the demand from the Association and provides written evidence to the Association
of having paid the rent within 14 days after receiving the demand, the tenant shall begin making rental
payments to the Association for the following rental period and shall continue making rental payments to
the Association to be credited against the monetary obligations of the Owner until the Association
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releases the tenant or the tenant discontinues tenancy in and of the Lot or Parcel. The Association shall,
upon request, provide the tenant with written receipts for payments made. The Association shall mail
written notice to the Owner of the Association's demand that the tenant pay monetary obligations to the
Association.
15.16.5 The liability of the tenant may not exceed the amount due from the tenant to the
tenant's landlord. The tenant shall be given a credit against rents due to the landlord in the amount of the
monies paid to the Association.
15.16.6 The Association may issue notice under Section 83.56, Florida Statutes, and sue
for eviction under Sections 83.59-83.625, Florida Statutes, as if the Association were a landlord under
part II of Chapter 83, Florida Statutes. if the tenant fails to pay a monetary obligation. However, the
Association is not otherwise considered a landlord under Chapter 83, Florida Statutes, and specifically
has no obligations under Section 83.51, Florida Statutes.
15.16.7 The tenant does not, by virtue of payment of monetary obligations, have any of
the rights of an Owner to vote in any election or to examine the books and records of the Association.
15.16.8 A court may supersede the effect of this Section 15.16 by appointing a receiver.
ARTICLE 16: MISCELLANEOUS PROVISIONS RESPECTING MORTGAGEES
16.1 General Rights of Mortgagees. The following provisions are intended for the benefit of
each First Mortgagee and each "Institutional First Mortgagee" (defined for purposes herein to mean any
federally or state chartered bank, insurance company, a FHLMC, FNMA, GNMA, HUD, VA or FHA
approved mortgage lending institution, a recognized pension fund investing in mortgages, and any
federally or state chartered savings and loan association or savings bank, or any other institutional lender
holding a First Mortgage), as more specifically provided hereinafter. An Institutional First Mortgagee shall
not cease to be an Institutional First Mortgagee even if the First Mortgage is partially subordinated to
another mortgage encumbering the Property. To the extent that any other provisions of this Declaration
conflict with the following provisions, the following provisions shall control:
16.1.1 Upon request in writing to the Association identifying the name and address of
the Institutional First Mortgagee or the insurer or guarantor of a recorded First Mortgage on a Lot or
Parcel ("Insurer or Guarantor") and the number or address of the Lot or Parcel on which it has (or insures
or guarantees) the First Mortgage, the Association shall undertake to furnish to each Institutional First
Mortgagee, Insurer or Guarantor, as the case may be, timely written notice of (a) any condemnation or
casualty loss that affects either a material portion of the Property or the Lot or Parcel securing its
mortgage, (b) any 60-day delinquency in the payment of Assessments or charges owed by the Owner of
the Lot or Parcel on which it holds the Mortgage, (c) a lapse, cancellation or material modification of any
insurance policy or fidelity bond maintained by the Association, and (d) any proposed action that requires
the consent of a specified percentage of the Institutional First Mortgagees or the First Mortgagees as a
whole.
16.1.2 Any Institutional First Mortgagee who comes into possession of a Lot or Parcel
pursuant to the remedies provided in the First Mortgage, through either deed-in-lieu of foreclosure, shall,
to the extent permitted by law, take such property free of any claims for unpaid Assessments and charges
in favor of the Association against the mortgaged Lot or Parcel which became due prior to (i) the date of
the transfer of title or (ii) the date on which the holder comes into possession of the respective Lot or
Parcel, whichever occurs first; provided, however, that this provision shall not apply to unpaid
assessments and charges for which the Association has recorded a Notice of Lien in the public records
prior to the recording of the applicable First Mortgage. In no manner shall the foregoing ability to avoid
claims for unpaid Assessments and charges apply to a First Mortgagee that is not an Institutional First
Mortgagee.
16.1.3 Upon request in writing, each First Mortgagee, Insurer or Guarantor shall have
the right:
114216177.6 49
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16.1.3.1 to examine current copies of the Governing Documents and the
books and records of the Association during normal business hours;
16.1.3.2 to receive, by payment of a reasonable charge and within a
reasonable time after such request, any annual audited or unaudited financial statements which are
prepared and distributed by the Association to the Owners at the end of each of its respective fiscal
years; provided, however, that in the event an audited financial statement is not available, any First
Mortgagee shall be entitled to have such an audited statement prepared at its expense.
16.1.3.3 to receive written notices of all meetings of the Association and
to designate a representative to attend all such meetings.
16.1.3.4 to receive written notice of any decision by the Owners to make
a material amendment to this Declaration, the Articles or the By-Laws; or
16.1.3.5 receive written notice of any proposed action which would
require the consent of a specified percentage of First Mortgagees.
16.1.4 No provision of this Declaration or the Articles or any similar instrument
pertaining to any portion of the Property shall be deemed to give an Owner or any other party priority over
the rights of the First Mortgagees pursuant to their First Mortgages in the case of distribution to Owners of
insurance proceeds or condemnation awards for losses to or a taking of the Lot or Parcel and/or the
Common Property, or any portion thereof or interest therein. In such event, the First Mortgagees,
Insurers or Guarantors of the Lot or Parcel affected shall be entitled, upon specific written request, to
timely written notice of any such loss.
16.1.5 Upon specific written request to the Association identifying the name and
address of the First Mortgagee, Insurer or Guarantor and the number and address of the Lot or Parcel on
which it has (insures or guarantees) the First Mortgage, each First Mortgagee, Insurer or Guarantor of a
Lot or Parcel shall be furnished notice in writing by the Association of any damage to or destruction or
taking of the Common Property if such damage or destruction or taking exceeds$10.000.
16.1.6 If any Lot or Parcel (or portion thereof) or the Common Property (or any portion
thereof) is made the subject matter of any condemnation or eminent domain proceeding or is otherwise
sought to be acquired by a condemning authority, then the First Mortgagee, Insurer or Guarantor of said
Lot or Parcel or the Common Property will be entitled to timely written notice, upon specific written
request, of any such proceeding or proposed acquisition and no provisions of any document will entitle
the Owner of such Lot or Parcel or the Common Property or other party to priority over such First
Mortgagee with respect to the distribution to such Lot or Parcel or the Common Property of the proceeds
of any award or settlement.
16.2 Taxes and Assessments. Declarant and First Mortgagees may, jointly or severally, pay
taxes and assessments or other charges which are in default and which may or have become a charge
against the Common Property, and may pay overdue premiums on casualty insurance policies or secure
new casualty insurance coverage upon the lapse of an Association policy, and Declarant and First
Mortgagees making such payments shall be entitled to immediate reimbursement from the Association.
16.3 Notice to the Association. Upon request, each Owner shall be obligated to furnish to the
Association the name and address of the holder of any mortgage encumbering such Owner's Lot or
Parcel.
16.4 Failure of Mortgagee to Respond. Any First Mortgagee who received a written request
from the Board to respond to or consent to any action shall be deemed to have approved such action if
the Association does not receive a written response from the First Mortgagee within 30 days of the date
of the Association's request, based upon the date indicated on a postal return receipt or other certified
evidence showing delivery. This Section 16.4 shall not be applicable to any First Mortgagee holding a
mortgage on property owned by Declarant and subject to this Declaration.
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ARTICLE 17: DAMAGE, DESTRUCTION AND RESTORATION OF COMMON PROPERTY
17.1 Damage, Destruction and Restoration. In the event that the improvements forming a part
of the Common Property, or any portion thereof, shall suffer damage or destruction from any cause and
the proceeds of any policy or policies insuring against such loss or damage, and payable by reason
thereof, plus reserves (if any) maintained by the Association, shall be sufficient to pay the cost of repair,
restoration or reconstruction, then such repair, restoration or reconstruction shall be undertaken and the
insurance proceeds and, if necessary, any applicable reserves, shall be applied by the Board or the
payee of such insurance proceeds in payment therefor; provided, however, that in the event the
insurance proceeds and reserves (if any) are insufficient to reconstruct the damaged or destroyed
improvements to the Common Property and the Owners through a Special Assessment (or some other
applicable means) and all other parties in interest do not voluntarily make provision for reconstruction
within 180 days from the date of damage or destruction, then such repair, restoration, or reconstruction
shall not be undertaken. In the event such repair, restoration or reconstruction is not undertaken, the
Board shall determine whether the net proceeds of insurance policies shall be (a) considered revenue of
the Association, or (b) divided among all Members in proportion to their respective collective Assessment
allocations from the entire Annual Budget.
17.2 Withdrawal of Damaged or Destroyed Common Property From Declaration. Any portion
of the Common Property affected by damage or destruction may be withdrawn from being subject to this
Declaration upon the unanimous affirmative vote of the Members voting at a meeting called for that
purpose. If the Common Property affected by such damage or destruction is owned by the Association
and such property was contributed to the Association by Declarant, the Board shall, after 60 days written
notice to Declarant, return such property to Declarant (whether or not Declarant is a Member at the time).
In the event Declarant refuses to accept the return of such property, then the property shall be sold in a
commercially reasonable fashion and the Board shall determine whether the sale proceeds shall be (a)
considered revenue of the Association, or (b) divided among the Members in proportion to their
respective collective Assessment allocations from the entire Annual Budget. Such withdrawal shall be
accomplished by an action of the Board of Directors through a recorded supplement to this Declaration,
executed by the president or vice-president and the secretary of the Association, which specifically and
legally describes the property being withdrawn.
ARTICLE 18: CONDEMNATION
Whenever all or any part of the Common Property owned by the Association shall be taken by
condemnation or conveyed in lieu of and under threat of condemnation, the award made for such taking
shall be payable to the Board and considered revenue of the Association unless the Board shall decide to
distribute such funds to the Owners, in which event the proceeds available shall be handled by the Board
in the same manner as insurance proceeds provided for in Article 17 hereof.
If the taking involves a portion of such Common Property on which improvements have been
constructed, then, unless within 60 days after such taking, Declarant, so long as Declarant owns any
Parcel subject to this Declaration, and the Board shall otherwise agree, the Association shall restore or
replace such improvements so taken on the remaining land included in the Common Property to the
extent lands are available therefor, in accordance with plans approved by the Board.
ARTICLE 19: TERMINATION OF THE MASTER DECLARATION
At a meeting of all Owners called for such purpose, upon the affirmative vote of 90% of the total
eligible voting interests in the Association, the Owners may elect to terminate this Declaration and
dissolve the Association in accordance with the provisions of the By-Laws. Within 10 days after the date
of the meeting at which such action was approved, the Board shall give written notice of such action to all
applicable Governmental Entities, First Mortgagees, Insurers, and Guarantors entitled to notice under
Article 16 of this Declaration. Such action shall be binding upon all Owners, and it shall thereupon
become the duty of every Owner to execute and deliver such instruments to perform all acts in manner
and form as may be necessary to effect such termination and dissolution. Notwithstanding anything
contained herein to the contrary, this Declaration may not be terminated unless the instrument of
termination is joined in by the County or any successor controlling Governmental Entity.
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ARTICLE 20: DECLARANT'S RIGHTS
20.1 General Provisions. Without limiting the generality of the foregoing, nothing in this
Declaration or the Articles or By-Laws shall be understood or construed to:
20.1.1 prevent Declarant or its contractors or subcontractors, from doing on any
property owned by them whatever they determine to be necessary or advisable in connection with the
completion of the development, including without limitation, the alteration of its construction plans and
designs as Declarant deems advisable in the course of development (all models or sketches showing
plans for future development of the Property may be modified by Declarant at any time and from time to
time, without notice); or;
20.1.2 prevent Declarant or its contractors, subcontractors or representatives from
erecting, constructing and maintaining on any property owned or controlled by Declarant or its contractors
or subcontractors, such structures as may he reasonably necessary for the conduct of its or their
business of completing the development and establishing the Community as a community and disposing
of the same by sale, lease or otherwise; or
20.1.3 prevent Declarant or its contractors or subcontractors, from conducting on any
property owned or controlled by Declarant, its business of developing, subdividing, grading and
constructing improvements on the Property and of disposing of Lots and Parcels therein by sale, lease or
otherwise; or
20.1.4 prevent Declarant from determining in its sole discretion the nature of any type of
improvements to be constructed as part of the Community.
20.2 Transfer of Declarant Rights. Any or all of the special rights and obligations of Declarant
may be transferred to other Persons, provided that the transfer shall not reduce an obligation nor enlarge
a right beyond that contained herein, and provided further, no such transfer shall be effective unless it is
in a written instrument signed by Declarant and duly recorded in the public records of the County.
20.3 Reserved Use Rights of Declarant. Notwithstanding any provisions contained in this
Declaration to the contrary, so long as construction and initial sale of Parcels shall continue, it shall be
expressly permissible for Declarant to maintain and carry on upon portions of the Common Property and
Parcels owned by Declarant such facilities and activities as, in the sole opinion of Declarant, may be
reasonably required, convenient, or incidental to the construction or sale of Lots and Parcels, including,
but not limited to, business offices, construction offices, signs, model lots, and sales offices, and
Declarant shall have an easement for access to such facilities. The right to maintain and carry on such
facilities and activities shall include specifically the right to use any Lot or Parcel or other property owned
by Declarant as models, or information or sales offices.
20.4 Requirement for Declarant Consent. So long as Declarant continues to have rights under
this Article, no Person shall record any declaration or similar instrument affecting any portion of the
Property without Declarant's review and written consent thereto, and any attempted recordation without
compliance herewith shall result in such declaration or similar instrument being void and of no force and
effect unless subsequently approved by recorded consent signed by Declarant.
20.5 Future Easements and Modifications. Declarant reserves the right to grant, modify or
enter into easements, dedications, agreements, licenses, restrictions, reservations, covenants and rights
of way to modify the boundary lines and to plat or replat portions of the Property for development of the
Community.
20.6 Amendment of this Article. This Article may not be amended without the express written
consent of Declarant; provided, however, Declarant's rights contained in this Article shall terminate upon
the earlier of (a) 30 years from the date that this Declaration is recorded, or (b) upon recording by
Declarant of a written statement that all sales activity has ceased.
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20.7 Assignment of Declarant's Rights. Any or all of the rights, privileges, or options provided
to or reserved by Declarant in the Governing Documents, may be assigned by Declarant, in whole or in
part, as to all or any portion of the Property, to any person or entity pursuant to an assignment recorded in
the public records of the County. Any partial assignee of any of the rights of Declarant shall be deemed a
Declarant but shall have no other rights, privileges or options other than as are specifically assigned. If,
however, such purchaser is specifically assigned all the rights held by WCI as Declarant hereunder, such
assignee shall be deemed Declarant and may exercise all the rights of Declarant hereunder. Any full or
partial assignment of Declarant's rights shall be by an express written assignment recorded in the public
records of the County, specifically setting forth the description of the rights assigned and the specific
property of assignee to which the assigned rights apply. Any partial assignment may be made on a non-
exclusive basis and in the event of a dispute between WCI (and its successors or assignee of full
Declarant's rights hereunder) and any assignee of a portion of Declarant's rights hereunder, the exercise
of rights by WCI as Declarant hereunder (and its successors or assignee of full Declarant's rights) shall
be controlling. No assignee of Declarant shall have any liability for any acts of Declarant or any prior
Declarant unless such assignee is assigned and agrees to assume such liability. Notwithstanding the
foregoing, an assignment of all of Declarant's rights hereunder with respect to a portion of the Property
shall not be valid without the prior written approval of the First Mortgagee of such portion attached to and
recorded with the assignment instrument.
ARTICLE 21: AMENDMENTS
21.1 Amendments in General.
21.1.1 Amendment by Declarant.
21.1.1.1 Subject to the provisions of this Declaration where applicable
and except as otherwise provided herein, Declarant may amend this Declaration by an instrument
executed with the formalities of a deed without the approval or joinder of any other party at any time prior
to the date on which Declarant shall have conveyed 90% of the Lots and Parcels which are or may be
subjected to the scope of this Declaration (for purposes of disclosure, Declarant presently intends that all
residential property contained or to be contained within the Community shall be subjected to the scope of
this Declaration). Notwithstanding the foregoing, amendments undertaken solely by Declarant shall
comply with Section 720.307(5) of the Act.
21.1.1.2 Notwithstanding any provision herein to the contrary, pursuant to
its rights hereunder to amend this Declaration, Declarant expressly reserves the right to amend the legal
descriptions for any of the Parcels, to further subdivide any particular Lot or Parcel into two or more Lots
or Parcels, to modify the Assessment process as contemplated in Exhibit E attached hereto and made a
part hereof, or to create new classes or recategorize existing classes of Lots or Parcels or membership.
21.1.1.3 Notwithstanding any provision herein to the contrary, pursuant to
its rights hereunder to amend this Declaration, no instrument which amends, rescinds, modifies or
terminates any provision of this Declaration shall be effective while there are Class B memberships
unless 100% of the Class B Members shall approve and join in such instrument.
21.1.1.4 Notwithstanding anything herein to the contrary, for so long as
Declarant owns any portion of the Property, no amendment or modification to this Declaration which in
Declarant's sole opinion impairs, alters or otherwise modifies, in whole or in part, the marketability,
viability, usability or salability of any portion of the Property owned by Declarant shall be effective without
the prior written consent of Declarant. For purposes of example only and without limitation as to the types
of amendments or modifications requiring Declarant consent pursuant to this Section 21.1.1.4, an
amendment which would (a) require Association approval for the sale or transfer of an interest in a Lot or
Parcel in whole or in part, (b) modify the assessment structure pertaining to any Lot or Parcel, or (c)
impair, alter or otherwise modify construction, sales or marketing activities (including placement, size and
design of signage, etc.), would be considered an impairment to the marketability, viability, usability or
salability of the Property for which prior written consent of Declarant would be required.
21.1.2 Amendment by the Association. Upon such time as Declarant's rights to amend
this Declaration expire pursuant to Section 21.1.1 hereof, this Declaration may be amended by an
114216177.6 53
16A1
instrument executed by the Association with the formalities from time to time required of a deed and
approved by not less than 67% of the total eligible voting interests in the Association, such votes having
been cast at a meeting of the Association duly-noticed, called and held in accordance with the By-Laws.
No amendment is effective until an amendment document is executed by the president or vice president
and the secretary of the Association certifying that the requisite percentage of Owners approved the
amendment, and such amendment document is recorded in the public records of the County.
Notwithstanding the foregoing, no instrument of amendment shall be effective while there is Class B
membership unless the Class B Member shall approve and join in such instrument.
21.1.3 Government Entity Consent to Amendments. Notwithstanding any provisions to
the contrary contained in this Declaration, any amendment which will affect the Surface Water Drainage
and Management System serving the Property must have the prior written approval of the applicable
Governmental Entity, if any, in order to be effective and binding.
21.2 Special Amendments. Anything herein to the contrary notwithstanding, and subject to the
requirement of First Mortgagee approval set forth herein where applicable, Declarant reserves the right
and power to record a special amendment ("Special Amendment") to this Declaration at any time and
from time to time which amends this Declaration and any provision therein (i)to comply with requirements
of the Federal National Mortgage Association, the Government National Mortgage Association, the
Federal Home Loan Mortgage Corporation, the Department of Housing and Urban Development, the
Federal Housing Administration, the Veteran's Administration, or any other governmental agency or any
other public, quasi-public or private entity which performs (or may in the future perform) functions similar
to those currently performed by such entities; (ii) to induce any of such agencies or entities to make,
purchase, sell, insure, guarantee or otherwise deal with First Mortgages covering Lots or Parcels; (iii) to
correct clerical or typographical errors in this Declaration; or (iv) to bring this Declaration into compliance
with applicable laws, ordinances or governmental regulations. In furtherance of the foregoing, a power
coupled with an interest is hereby reserved and granted to Declarant to make or consent to a Special
Amendment on behalf of each Owner. Each deed, mortgage, trust deed, other evidence of obligation, or
other instrument affecting a Lot or Parcel and the acceptance thereof shall be deemed to be a grant and
acknowledgment of, and a consent to the reservation of, the power of Declarant to make, execute and
record Special Amendments. The right and power to make Special Amendments hereunder shall
terminate on December 31, 2035.
ARTICLE 22: GENERAL PROVISIONS
22.1 Term. The covenants and restrictions of this Declaration shall run with and bind the
Property, and shall inure to the benefit of and shall be enforceable by the Association or the Owner of any
Parcel subject to this Declaration, their respective legal representatives, heirs, successors, and assigns,
for a term of 30 years from the date this Declaration is recorded, after which time they shall be
automatically extended for successive periods of 10 years each, unless an instrument in writing,
approved by 67% of the total eligible Class A voting interests and 100% of the Class B voting interests,
has been recorded within the year preceding the beginning of each successive period of 10 years,
agreeing to terminate the same, in which case this Declaration shall be terminated as specified therein.
Notwithstanding the foregoing, any terms, provisions, covenants, restrictions or prohibitions contained
herein which relate to, pertain to or affect any environmentally sensitive areas of the Property or any
portion of the Property which is subject to the rules, ordinances or regulations of the federal government,
the State of Florida or the County or any agency or body of the foregoing shall be applicable to the
Property in perpetuity unless the waiver of same shall have been obtained from the appropriate party or
unless the rule, ordinance or regulation shall have been abrogated or repealed by the appropriate party.
22.2 Action by Association. All actions to be taken by the Association under this Declaration
shall be taken by the Board of Directors without a vote of the membership unless a vote of the
membership is specifically required by the terms of the Governing Documents..
22.3 Covenant Running with Property. The covenants and restrictions of this Declaration shall
run with and be binding upon the Property, and shall remain in force and be enforced by the Board for a
term as hereinabove provided.
114216177.6 54
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22.4 Future Deeds of Conveyance. Each Owner, by virtue of taking title to a Lot or Parcel,
hereby acknowledges and agrees, and shall be deemed to have acknowledged and agreed, that the deed
of conveyance of the Lot or Parcel to a third party shall specifically state that the Lot or Parcel is subject
to the terms of this instrument and shall state the recording book and page information for this instrument
as recorded in the public records of the County. The intent of this provision is to defeat any potential
argument or claim that Chapter 712, Florida Statutes, has extinguished the application of this instrument
to each of the Lots and Parcels.
22.5 Enforcement. Unless expressly provided otherwise, the Association or any Owner has
the right to enforce, by any appropriate proceeding at law or in equity, all restrictions, conditions,
covenants, easements, reservations, liens, charges, rules and regulations now or hereafter imposed by,
or pursuant to, the provisions of this Declaration. If the Association or any person entitled to enforce any
of the provisions of this Declaration is the prevailing party in any litigation involving this Declaration or any
rule or regulation, such party may recover from the losing party all costs and expenses incurred, including
reasonable attorneys' fees and paraprofessional fees at all levels, including appeals, collections and
bankruptcy. If the Association is the prevailing party against any Owner, such costs and expenses,
including reasonable attorneys' fees and paraprofessional fees at all levels, including appeals, collections
and bankruptcy, payable to the prevailing party, may be assessed as a Specific Assessment against such
losing Owner's Lot or Parcel as provided hereinabove. Failure by the Association or by any Owner to
enforce any covenant, restriction, rule or regulation will not constitute a waiver of the right to do so at any
time.
22.6 Severability. Invalidation of any particular provision of this Declaration by judgment or
court order will not affect any other provision, all of which shall remain in full force and effect; provided,
however, any court of competent jurisdiction is hereby empowered, to the extent practicable, to enforce
any otherwise invalid provision contained in this Declaration when necessary to avoid a finding of
invalidity while effectuating Owner's intent of providing a comprehensive plan for the use, development,
sale and beneficial enjoyment of the Property.
22.7 Interpretation. Unless the context expressly requires otherwise: (i) the use of the singular
includes the plural and vice versa: (ii)the use of one gender includes all genders: (iii) the use of the terms
"including" or "include" is without limitation; (iv) the use of the terms "Lot" and "Parcel" includes any
portion applicable to the context, any and all improvements, fixtures, trees, vegetation and other property
from time to time situated thereon, and any and all appurtenant rights; and (v)the words "must", "should,"
and "will" have the same legal effect as the word "shall". This Declaration shall be interpreted, construed
and enforced in a reasonable, practical manner to effectuate its purpose of protecting and enhancing the
value, marketability, and desirability of the Lots and Parcels by providing a common plan for their
development and enjoyment. The various headings used in this Declaration are for indexing and
organizational purposes only and are not to be used to interpret, construe, apply, or enforce its
substantive provisions.
22.8 Inapplicability of Condominium Act. Each Owner, by virtue of taking title to a Lot or
Parcel, hereby acknowledges and agrees, and shall be deemed to have acknowledged and agreed, that
the Association is not intended to be a condominium association, and is not intended to and shall not be
governed by the provisions of Chapter 718, Florida Statutes.
22.9 Indemnification. The Association shall to the broadest extent possible by applicable
statute, indemnify and hold harmless every officer, director, and committee member against any and all
expenses, including counsel and paralegal fees, reasonably incurred by or imposed upon such officer,
director, or committee member in connection with any action, suit, or oilier proceeding (including
settlement of any suit or proceeding, if approved by the then Board of Directors) to which he or she may
be a party by reason of being or having been an officer, director, or committee member. The officers,
directors, and committee members shall not be liable for any mistake of judgment, negligent or otherwise,
except for their own individual willful misfeasance, malfeasance, misconduct, or bad faith. The officers
and directors shall have no personal liability with respect to any contract or other commitment made by
them, in good faith, on behalf of the Association (except to the extent that such officers or directors may
also be Members of the Association), and the Association shall indemnify and forever hold each such
officer and director free and harmless against any and all liability to others on account of any such
contract or commitment. Any right to indemnification provided for herein shall not be exclusive of any
114216177.6 55
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other rights to which any officer, director, or committee member, or former officer, director, or committee
member may be entitled. The Association shall, as a Common Expense, maintain adequate general
liability and officers' and directors' liability insurance to fund this obligation, if such insurance is
reasonably available.
22.10 Litigation. No judicial or administrative proceeding shall be commenced or prosecuted by
the Association, nor shall any legal services be provided with respect to preparing for such judicial or
administrative proceedings unless approved by a vote of (a) 75% of the total eligible Class A voting
interests and (b) 100% of the Class B Members (if Class B membership has not been terminated). The
Association shall prepare a budget of the total estimated cost of the litigation which shall be submitted to
the Members for a vote along with the notice of the proposed litigation. Such budget shall be based upon
an estimate of the total cost and fees of the litigation made by the attorney being retained by the
Association for the litigation. The Association shall assess all Owners whose interests are being sought
to be protected through such litigation in accordance with the Assessment process provided herein;
provided, however, that no funds from General Assessments or other sources may be used for such
purpose. Prior to preparation for and institution of legal proceedings, any Assessment levied in such
regard must be more than 75% collected. This Section shall not apply, however, to (i) actions brought by
the Association against parties other than Declarant to enforce the provisions of this Declaration
(including without limitation, the foreclosure of liens), (ii) the imposition and collection of assessments as
provided herein, (iii) proceedings involving challenges to ad valorem taxation, (iv) counterclaims brought
by the Association in proceedings instituted against it, or (v) any dispute in which the amount in question
is $10,000 or less, as adjusted for inflation from year to year. This Section shall not be amended unless
such amendment is made by Declarant or is approved by the percentage votes, and pursuant to the
same procedures, necessary to institute proceedings as provided above.
22.11 Cumulative Effect; Conflict. The covenants, restrictions, and provisions of this
Declaration may be cumulative with other restrictions and instruments of record, and the Association may,
but shall not be required to, enforce the latter; provided, however, in the event of conflict between or
among such covenants and restrictions, and provisions of any articles of incorporation, by-laws, rules and
regulations, policies, or practices adopted or carried out pursuant thereto, the earlier recorded instrument
shall control, unless the terms thereof specifically provide to the contrary. The foregoing priorities shall
apply, but not be limited to, the liens for Assessments created in favor of the Association.
22.12 Compliance. Every Owner, Resident, Authorized User, guest, invitee and tenant of any
Lot or Parcel shall comply with all lawful provisions of the Governing Documents. Failure to comply shall
be grounds for an action to recover sums dues, for damages or injunctive relief, or for any other remedy
available at law or in equity, maintainable by the Association or, in a proper case, by any aggrieved party.
The Owner of a Lot or Parcel shall be responsible and liable for any and all actions of any Residents,
Authorized Users, occupants, guests, invitees and tenants of such Lot or Parcel. Further, in the event of
any violation of any ordinances, rules or restrictions imposed by the County with respect to the Property,
the County may, without the consent of the Association or any Person, seek judicial enforcement of such
ordinances, rules or restrictions and if such enforcement shall be required by a court of competent
jurisdiction, then the County shall be entitled, in addition to all other awards or directions of enforcement,
to all reasonable attorneys'fees and paraprofessional fees at all levels, including appeals, collections and
bankruptcy, and court costs incurred by the County relative to its enforcement of the foregoing.
22.13 Provisions Pertaining to the Transfer or Lease of a Lot or Parcel.
22.13.1 Except as otherwise permitted herein or to the provisions of this Declaration, an
Owner may lease such Owner's Lot or Parcel for a minimum period of not less than 30 consecutive days
in duration and may enter into a maximum of 4 such rental arrangements in any 12 consecutive month
period with regard to a Lot or Parcel. If an Owner intending to lease or rent a Lot or Parcel is delinquent
in the payment of Assessments, the Association shall be entitled, but shall not be obligated, to prohibit the
Owner from renting or leasing the Lot or Parcel until such delinquency is made current. Leases shall be
in writing, and shall be subject to the prior written approval of the Association. The Association may
require inclusion in a lease of any provisions that the Association may deem appropriate to assure the
lessee's compliance with all the terms and provisions of this Declaration. Lots and Parcels shall be
leased in their entirety, and no individual rooms or portion of a Lot or Parcel may be leased. Upon leasing
a Lot or Parcel, the Owner shall notify the Association in writing that the Owner has leased a Lot or Parcel
114216177.6 56
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and shall provide the Association with a copy of the executed lease. Tenants shall comply with this
Declaration and all Rules and Regulations. The provisions of this Section 22.13.1 shall not be applicable
to any Declarant-owned Lots or Parcels. The subleasing or sub-renting of a Lot or Parcel shall be subject
to the same requirements and limitations as are applicable to the leasing or renting thereof.
22.13,2 No later than 15 days prior to the anticipated date of closing on the sale of a Lot
or Parcel, or with regard to a lease no later than the first date of occupancy, the Owner shall provide
written notice to the Association indicating such Owners' intention to sell or lease the Lot or Parcel. The
notice shall include the name and address of the proposed purchaser/lessee(s) and an executed copy of
the purchase contract or a copy of the proposed lease. The Association may require other such
information as it deems reasonably necessary, and may impose a transfer fee not to exceed $100.00 or
such other amount as permitted by law from time to time.
22.13.3 The Association must, within 15 days after receipt of all the information required
above, either approve, disapprove for cause, or, upon the written demand of the Owner, furnish an
alternate lessee it approves or the Association may itself elect to purchase, and the Owner must sell to
such alternate or to the Association upon the same terms set forth in the proposal given the Association,
or the Owner may withdraw his proposed sale or lease. In exercising its power of disapproval, the
Association must act in a manner that is neither arbitrary nor unlawfully discriminatory and withhold
approval only for a reason or reasons rationally related to the protection, preservation and proper
operation of the Community and the purposes set forth herein. If the Association fails or refuses within
the allotted time to notify the Owner of either approval or disapproval in writing, or if it fails to provide an
alternate lessee or make an election to purchase the Lot or Parcel itself when required to do so, then the
Association shall conclusively be presumed to have approved the transaction, and the Association shall,
upon demand, provide a recordable certificate of approval;
22.13.4 The following provisions specifically pertain to the leasing of a Lot or Parcel:
22.13.4.1 Approvals of leases need not be recorded;
22.13.4.2 Only entire Lots or Parcels may be leased;
22.13.4.3 All leases must include, and if they do not, shall be deemed to
include and state:
22.13.4.3.1 the agreement of the lessee(s) to abide by all of
the terms and provisions of the Governing Documents (but notwithstanding such statement, the Owner 4
shall be responsible for all conduct of the Owner's tenants, including, without limitation, any damage to
the Common Property as a result of the acts or omissions of the Owner's tenants);
22.13.4.3.2 that a violation of the Governing Documents is a
material breach of the lease and is grounds for damages, termination and eviction;
22.13.4.3.3 that the lessee(s) and the Owner agree that the
Association may proceed directly against such lessee(s) and that the lessee(s) shall be responsible for
the Association's costs and expenses, including attorneys' fees and paraprofessional fees at all levels,
including appeals, collections and bankruptcy. If such costs and fees are not immediately paid by the
lessee(s), the Owner shall be required to pay same, and collection of such funds shall be through the
levying of a Specific Assessment. Each Owner irrevocably appoints the Association as the Owner's
agent-in-fact having authority to bring actions in the Owner's name and at the Owner's expense (including
actions for injunctive relief, damages, termination and eviction) against the lessee(s); and
22.13.4.3.4 that the Governing Documents must be provided
to the lessee(s) by or on the behalf of the Owner at or before the commencement of the lease term.
22.13.5 Consistent with the provisions of this Section 22.13, de facto timesharing of Lots
and Parcels is not permitted, and approval will not be given for the sale of a Lot or Parcel or an interest
therein interest in a Lot or Parcel to multiple persons (such as siblings or business associates), who may
114216177.6 57
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intend that they and their families would split occupancy of the Lot or Parcel into different time periods
during the year.
22.13.6 Declarant is and shall be exempt from all provisions of this Section 22.13 with
regard to the sale of Lots and Parcels by Declarant to third parties, and the provisions of such Section
shall not be amended without the prior written consent of Declarant for as long as Declarant owns any
portion of the Property.
22.14 Recognition by Owners of Declarant's Rights to Develop and Construct Improvements on
the Property. Each Owner on his, her or its own behalf and on behalf of such Owner's heirs, personal
representatives, successors, mortgagees, lienors and assigns acknowledges and agrees, and shall be
deemed to have acknowledged and agreed, that the completion of the development of the Community
may occur over an extended period of time and that incident to such development and the construction
associated therewith the quiet use and enjoyment of the Property and each portion thereof may be
temporarily interfered with by the development and construction work occurring on those portion of the
Property owned by Declarant or its successors and assigns and each Owner, on behalf of such Owner's
heirs, assigns, personal representatives, successors, mortgagees, lienors and assigns does hereby waive
all claims for interference with such quiet enjoyment and use as a result of the development and
construction of the balance of the Property. Each Owner, on behalf of such Owner's heirs, personal
representatives, successors, mortgagees, lienors and assigns, acknowledges and agrees, and shall be
deemed to have acknowledged and agreed, that the development, construction and completion of the
balance of the Property may interfere with such Owner's original and existing views, light and air and
diminish the same and each such Owner or such Owner's behalf and on behalf of such Owner's heirs,
assigns, personal representatives„ successors, mortgagees, lienors and assigns does hereby release
Declarant and its successors in interest and others involved from all claims that they may have in
connection therewith.
22.15 Access Control. Declarant and the Association may, but shall not be obligated to,
maintain or support certain activities within the Property designed to control vehicular access to the
Property. Neither the Association nor Declarant shall in any way be considered insurers or
guarantors of privacy, security or safety within the Property. Neither the Association nor
Declarant shall be held liable for any loss or damage by reason of failure to provide adequate
privacy or ineffectiveness of privacy, security or safety measures undertaken. All Owners,
Residents and Authorized Users of any Lot or Parcel, tenants, guests and invitees of any Owner,
as applicable, acknowledge and agree, and shall be deemed to have acknowledged and agreed,
that Declarant and the Association, and the officers, directors and supervisors of each of them, do
not represent or warrant that any fire protection system, electronic monitoring system or other
privacy system designated by or installed according to guidelines established by Declarant or the
ARC may not be compromised or circumvented, that any fire protection or electronic monitoring
systems or other privacy or security systems will prevent loss by fire, smoke, burglary, theft,
hold-up, or otherwise, and that fire protection or electronic monitoring systems or other privacy or
security systems will in all cases provide the detection or protection for which the system is
designed or intended. Each Owner, Resident and Authorized User of any Lot or Parcel, and each
tenant, guest and invitee of an Owner, as applicable, acknowledges and understands that each
Owner, Resident and Authorized User of any Lot or Parcel and each tenant, guest and invitee of
any Owner assumes all risks for loss or damage to persons, to Lots and Parcels and to the
contents of these and further acknowledges that the Association and Declarant have made no
representations or warranties nor has any Owner, Resident, Authorized User, tenant, guest or
invitee relied upon any representations or warranties, expressed or implied, including any
warranty of merchantability or fitness for any particular purpose, relative to any fire and/or
electronic monitoring systems or other privacy systems recommended or installed or any privacy
or security measures undertaken within the Property.
22.16 Disclaimer of Association Liability. As used in this Section, "Association" shall mean the
Association and all committee and Board members, employees, agents, contractors (including
management companies), subcontractors, successors and assigns of any of the foregoing.
Notwithstanding anything contained herein or in the Articles, By-Laws, the Rules and Regulations or any
other document governing or binding the Association (collectively, the "Association Documents"), the
Association shall not be liable or responsible for, or in any manner a guarantor or insurer of, the health,
114216177.6 58
1 6 A 1
safety or welfare of any Owner, Member, Resident or Authorized User of any portion of the Community,
other tenants, guests, invitees. agents, servants, contractors or subcontractors or for any property of any
such persons. Without limiting the generality of the foregoing: (a) it is the express intent of the
Association Documents that the various provisions thereof which are enforceable by the Association and
which govern or regulate the uses of the Community, have been written, and are to be interpreted and
enforced, for the sole purpose of enhancing and maintaining the enjoyment of the Community and the
value thereof; and (b) the Association is not empowered, and has not been created, to act as an agency
which enforces or insures compliance with the laws of the State of Florida or the County or the prevention
of tortious activities. Each Member (by virtue of his or her acquisition of a Lot or Parcel) and each other
Person having an interest in or lien upon, or making any use of, any portion of the Community (by virtue
of accepting such interest or lien or making such use) shall be bound by this Article and shall be deemed
to have automatically waived any and all rights, claims, demands and causes of action against which the
liability of the Association has been disclaimed in this Article. Each Member does hereby release
Declarant and the Association from all liability from injury and/or accidental death due to adverse weather
and all effects and results thereof.
22.17 Logos and Trademarks. All logos, trademarks, and designs used in connection with the
Community are the property of Declarant, and the Association shall have no right to use the same after
Transfer of Control except with the express written consent of Declarant.
22.18 Disclosure Concerning Development and Construction Noise and Activities: All Owners,
Residents and Authorized Users are hereby placed on notice that Declarant, third party builders and/or
their agents, contractors, subcontractors, licensees and other designees will be, from time to time,
conducting blasting, excavation, construction and other activities within or in proximity to the Community.
By the acceptance of a deed or other conveyance or mortgage, leasehold, license or other interest, and
by using any portion of the Community, each such Owner, Resident and Authorized User automatically
acknowledges, stipulates and agrees (i) that none of the aforesaid activities shall be deemed nuisances
or noxious or offensive activities, hereunder or at law generally, (ii) not to enter upon, or allow their
children or other persons under their control or direction to enter upon (regardless of whether such entry
is a trespass or otherwise) any property within or in proximity to the Community where such activity is
being conducted (even if not being actively conducted at the time of entry, such as at night or otherwise
during non-working hours), (iii) that Declarant and the other aforesaid related parties shall not be liable for
any and all losses, damages (compensatory, consequential, punitive or otherwise), injuries or deaths
arising from or relating to the aforesaid activities, except resulting directly from Declarant's gross
negligence or willful misconduct, (iv) that any purchase or use of any portion of the Community has been
and will be made with full knowledge of the foregoing, and (v) that this acknowledgment and agreement is
a material inducement to Declarant to sell, convey, and/or allow the use of the Lot or Parcel to third
parties. This Section shall survive the closing and delivery of a deed of conveyance.
22.19 Hurricane Disclosure Statement. Each Owner is hereby notified that (a)the Lot or Parcel
that the Owner has purchased is located within a hurricane vulnerability zone; (b) the hurricane
evacuation time for the Gulf Coast of Florida region is high; and (c) hurricane shelter space is limited.
22.20 Flood Zones. Flood zone determinations are made by the Federal Emergency
Management Agency. Declarant makes no assurance, with regard to any portion of the Property, that
any flood zone designation for a Lot or Parcel existing as of a particular date will remain the same.
Declarant further advises that any such flood designation could be changed due to re-grading of the land
as a result of the land development process. Each Owner, by virtue of taking title to a Lot or Parcel,
acknowledges and agrees, and shall be deemed to have acknowledged and agreed, that Declarant has
no involvement in the determination or designation of flood zone designations for any portion of the
Property.
22.21 Tiburon Golf Club. Each Owner, by virtue of taking title to a Lot or Parcel, acknowledges
and agrees, and shall be deemed to have acknowledged and agreed, to the following:
22.21.1 Requirement for Membership by Initial Purchaser. As required under that certain
Restrictive Covenant Agreement recorded in Official Records Book 5469, Page 666, public records of the
County, the Initial Purchaser shall be required to purchase a membership in Tiburon Golf Club ("Club")
that is of at least a "Sereno/Signature Membership" level.
114216177.6 59
16A1
22.21.2 Club Use of Portions of the Community. Until such time as 50% or more of the
Lots in the Community contain Homes for which a certificate of occupancy has been issued, the owner of
the Club shall be entitled to use those Lots which have been cleared and stabilized but upon which
construction of Homes has not commenced for purposes of parking vehicles in connection with Club
events. The foregoing right of use shall be limited to not more than 5 major events at the Club per
calendar year for not more than 3 days in duration per event, and the owner of the Club shall be required
to provide appropriate supervision pertaining to such parking, including providing not less than 1
attendant during periods of usage.
22.22 Resolution of Disputes. All issues or disputes which are recognized by the Act or by
administrative rules promulgated under the Act as being appropriate or required for dispute resolution
shall be submitted to such dispute resolution procedures contained in the Act prior to institution of civil
litigation.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
114216177.6 60
16A1
IN WITNESS WHEREOF, the undersigned, being Declarant, herein has caused this Declaration
to be executed as of this day of September, 2018.
,1
1
WITNESSES: WCI COMMUNITI S, LLC, a
Delaware limited 'ability company
Name: Illb ��Kvu_svu.l- 1 By:
Print Name: Darin McMurray, Vice President
(Corporate Seal)
Name: ` �►--" )449--kt-IL
Print Name: �rl,N \"\C=c x_ '�c_k
STATE OF FLORIDA
COUNTY OF LEE /
The foregoing instrument was acknowledged before me this � J„c' - ' / .. day
of September, 2018, by Darin McMurray, as Vice President of WCI Communities, LLC, a Delaware limited
liability company. He [lis personally known to me or❑ has produced
as identification.
My Commission Expires: - «__"_4. —, ' �.L
(Signature)
(AFFIX NOTARY SEAL) Deamia I Craft
Name: 1
(Legibly Printed or Typed)
Notary Public, State of Florida
(Commission Number, if any)
;: :e4f.; DEANNA J.CRAFT
v, Commission#GG 084838
• Expires July 20.2021
'ER„`',;;'TP Bonded Thru Troy Fain Insurance 800-3857019
114216177.6
1 6 A 1
Exhibit A
Legal Description of the Residential Property
SERENO GROVE, according to the plat thereof recorded in Plat Book , Page , public
records of Collier County, Florida.
114216177.6
1 6 A 1
Exhibit B
Description of Common Property
Tracts L-1, L-2, LB-1, OS-1, OS-2, OS-3, OS-4, OS-5, OS-6, P-1, P-2, R, and R-1, SERENO GROVE,
according to the plat thereof recorded in Plat Book , Page , public records of Collier County,
Florida.
114216177.6
16A1
Exhibit C
Articles of Incorporation
114216177.6
16A 1
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I certify from the records of this office that SERENO GROVE HOMEOWNERS-It C7()T
XXASSOCIATION, INC. is a corporation organized under the laws of the State ;,V°
of Florida, filed on August 16, 2018. $0,
7 The document number of this corporation is N18000008910.
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I further certify that said corporation has- Lipaid all fees due this office ,g
through December 31, 2018, and its status is active. °��
I further certify that said corporation has not filed Articles of ,,-irk
�x Dissolution.
MI further certify that this is an electronically transmitted certificate
authorized by section 15. 16, Florida Statutes, and authenticated by the no
7 code, 118A00017101-081718-N18000008910-1/1, noted below. ,VC
ypp Authentication Code: 118A00017101-081718-N18000008910-1/1
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Incorporation of SERENO GROVE HOMEOWNERS ASSOCIATION, INC. , a Florida No
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number H18000239597 . This certificate is issued in accordance with
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H18000239597 3
ARTICLES OF INCORPORATION
OF
SERENO GROVE HOMEOWNERS ASSOCIATION, INC.
(A Florida Corporation Not for Profit)
THE UNDERSIGNED INCORPORATOR to these Articles of Incorporation hereby proposes the
incorporation under Chapters 617 and 720, Florida Statutes, of a corporation not for profit, and hereby
makes, subscribes, acknowledges and files with the Secretary of State of the State of Florida, Articles of
Incorporation, and hereby certifies as follows:
ARTICLE I. NAME AND LOCATION
The name of this corporation shall be SERENO GROVE HOMEOWNERS ASSOCIATION, INC.
(hereinafter referred to as the "Association"), and its initial office for the transaction of its affairs shall
10481 Six Mile Cypress Parkway, Ft. Myers, FL 33966
ARTICLE II. PURPOSES
This Association does not contemplate pecuniary gain or profit to the Members thereof, and no
distribution of income to its Members, directors or officers shall be made, except that nothing herein shall
prevent the Association from compensating persons who may be Members, directors or officers in
exchange for services actually rendered to, or costs actually incurred for the benefit of, the Association in
furtherance of one or more of its purposes. The general purpose of this Association is to promote the
common interests of the property owners in Sereno Grove at Pelican Marsh (hereinafter referred to as the
"Community"), and the specific purpose is to perform the functions of the Association contemplated in the
Declaration for the Community recorded in the public records of Collier County, Florida (hereinafter
referred to as the "Declaration"), as the same may in the future be amended, which purposes shall
include but not be limited to:
(a) Exercise all of the powers and privileges and to perform all of the duties and
obligations of the Association as set forth in the Declaration;
(b) Fix, levy, collect and enforce payment, by any lawful means, all charges or
assessments pursuant to the terms of the Declaration;
(c) Own and convey property;
(d) Establish rules and regulations;
1
(e) Sue and be sued;
(f) To pay all expenses in connection therewith and all office and other expenses
incident to the conduct of the business of the Association;
(g) Maintain, repair and replace Common Properties as contemplated by the
Declaration, and to enter into contracts for the provision of services to maintain and operate the Common
Properties;and
(h) Have and exercise any and all other powers, rights and privileges of a not-for-
profit corporation organized under the law of the State of Florida.
ARTICLE III. MEMBERSHIP AND VOTING RIGHTS
A. Eligibility. Every person, whether an individual, corporation or other entity, who is the
record owner of a Lot or Parcel that is subject to Assessment pursuant to the Declaration shall become a
Member of the Association upon the recording of the instrument of conveyance. If title to a Lot or Parcel is
held by more than one person, each such person shall be a Member. An Owner of more than one Lot or
Parcel is entitled to membership for each Lot or Parcel owned. No person other than an Owner may be a
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Member of the Association, and a membership in the Association may not be transferred except by the
transfer of title to a Lot or Parcel; provided, however, the foregoing does not prohibit the assignment of
membership and voting rights by an Owner who is a contract seller to such Owner's vendee in
possession.
If more than one person owns a fee interest in any Lot or Parcel, all such persons are Members,
but there may be only one vote cast with respect to such Lot or Parcel. Such vote may be exercised as
the co-owners determine among themselves, but no split vote is permitted. Prior to any meeting at which
a vote is to be taken, each co-owner must file a certificate with the secretary of the Association naming
the voting co-owner entitled to vote at such meeting, unless such co-owners have filed a general voting
certificate with the Secretary applicable to all votes until rescinded. Notwithstanding the foregoing, no
separate certificate shall be necessary if title to any Lot or Parcel is held in a tenancy by the entireties,
and in such event either tenant is entitled to cast the vote for such Lot or Parcel unless and until the
Association is notified otherwise in writing by such co-tenants by the entireties.
B. Classes of Membership and Voting; Transfer of Control. The Association shall have
2 classes of voting membership-Class A and Class B. So long as there is Class B membership,Class A
Members shall be all persons owning record title to the Lot or Parcel of the Community except Declarant.
All Class B memberships shall belong to Declarant. Upon termination of Class B membership as
provided below, Class A Members shall be all Owners, including Declarant so long as such Declarant is
an Owner. Voting shall be accomplished in accordance with the Bylaws. There shall be no cumulative
voting for Directors or any other matters.
Class B membership shall cease to exist and shall be deemed to be converted into Class A
membership upon the earlier of(a) a triggering event contained in Section 720.307(1) of the Act, or(b)
the date that Declarant waives in writing its right to Class B membership,which waiver shall be evidenced
by the recording of a certificate to such effect in the public records of the County. Upon termination of
Class B membership, all provisions of the Declaration, Articles of Incorporation, or By-Laws referring to
Class B membership will be obsolete and without further force or effect, including any provision requiring
voting by classes of membership.
C. Transferability. Each membership is appurtenant to the Lot or Parcel upon which it is
based and is transferred automatically by conveyance of title to that Lot or Parcel whether or not mention
thereof is made in such conveyance of title.
ARTICLE IV.TERM OF EXISTENCE
The Association shall have perpetual existence. In the event the Association is dissolved, the
Association shall ensure that the maintenance of the surface water management system, is delegated,
transferred or assigned to a similar not-for-profit corporation.
ARTICLE V. INCORPORATOR
The name and address of the Incorporator to these Articles of Incorporation is the following:
Robert S. Freedman, Esq.
Carlton Fields Jorden Burt,P.A.
4221 W.Boy Scout Blvd., Suite 1000
Tampa,FL 33607
ARTICLE VI.MANAGEMENT
The affairs of the Association shall be managed by its Board of Directors, which shall consist of
not less than 3 nor more than 7 individuals,the precise number to be fixed in the By-Laws or by the Board
of Directors from time to time. Directors shall be elected for one year terms by the Members at the annual
Members' meeting, to be held as scheduled by the Board of Directors in the last quarter of each fiscal
year in the manner prescribed in the By-Laws, and shall hold office until their respective successors are
duly elected and qualified; provided, however, that Declarant shall be entitled to solely appoint all
members of the Board of Directors prior to Transfer of Control. The Board shall elect a President, a Vice
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President, and a Secretary-Treasurer, and such other officers as may, in the opinion of the Board, from
time to time be necessary to adequately administer the affairs of the Association. Such officers are to
hold office at the pleasure of the Board or until their successors are duly elected and qualified. Officers
may be Directors. Officers and Directors must be Members of the Association except with respect to
those who are elected by Declarant. Any individual may hold 2 or more corporate offices, except that the
offices of President and Secretary-Treasurer may not be held by the same person.The officers shall have
such duties as may be specified by the Board or the By-Laws of the Association.Vacancies occurring on
the Board and among the officers shall be filled in the manner prescribed by the By-Laws of the
Association.
Notwithstanding the foregoing,the Class B Members shall have the right to elect all Directors as
long as there shall be Class B membership, except that Class A Members shall be entitled to elect at
least one member of the Board of Directors (but not a majority of the directors until Transfer of Control
has occurred) if 50% of the Lots or Parcels in all phases of the Community which will ultimately be
operated by the Association have been conveyed to the Class A Members.
ARTICLE VII. INITIAL OFFICERS
The names of the initial officers who are to serve until their successors are elected under the
provisions of these Articles of Incorporation and the By-Laws are the following:
David Caldwell President
Matthew Koratich Vice President
David Negip Secretary-Treasurer
ARTICLE VIII.INITIAL BOARD OF DIRECTORS
The number of persons constituting the Board of Directors of the Association shall be three (3)
and the names and addresses of the members of such current Board of Directors, who shall hold office
until their respective successors are elected pursuant to the provisions of these Articles of Incorporation
and the By-Laws, are the following:
•
David Negip 10481 Six Mile Cypress Parkway
Ft. Myers, Florida 33966
David Caldwell 10481 Six Mile Cypress Parkway
Ft. Myers, Florida 33966
Matt Koratich 10481 Six Mile Cypress Parkway
Ft. Myers, Florida 33966
ARTICLE IX.BY-LAWS
The By-Laws of the Association have been adopted by the Board of Directors, as constituted
under Article VIII above, at an organizational meeting of the Board. Thereafter, the By-Laws may be
altered, amended,or rescinded only in the manner provided in the By-Laws.
ARTICLE X.AMENDMENTS
Amendments to these Articles of Incorporation shall be made in the following manner:
(a) Prior to Transfer of Control, amendments to these Articles of Incorporation shall be
adopted by the Board of Directors without any requirement or necessity for a vote of the Association
membership of for consent by any party,except as may be otherwise specifically required herein.
(b) Subsequent to Transfer of Control,the Board of Directors shall adopt a resolution setting
forth a proposed amendment and direct that it be submitted to a vote at a meeting of Members, which
may be either the annual or a special.meeting. Written notice setting forth the proposed amendment or a
summary of the changes to be affected thereby shall be given to each Member of Record (as defined in
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the By-Laws) entitled to vote thereon within the time and in the manner provided by Florida Statutes for
the giving of notice of meetings of Members. If the meeting is an annual meeting, the proposed
amendment or such summary may be included in the notice of such annual meeting. At such meeting, a
vote of the Members entitled to vote thereon shall be taken on the proposed amendment. The proposed
amendment shall be adopted upon receiving the affirmative vote of(1)a majority of the total eligible Class
A voting interests,and(2)the Class B Member.
Any number of amendments may be submitted to the Members and voted upon by them at one
meeting.
Notwithstanding the foregoing, (a)no amendment to the By-Laws shall be valid which affects any
of the rights and privileges provided to Declarant without the written consent of Declarant as long as
Declarant shall own any Lots or Parcels in the Community, and (b) no amendment which will affect any
aspect of the Surface Water Drainage and Management System located on the Property shall be effective
without the prior written approval of SFWMD.
ARTICLE Xl.REGISTERED OFFICE AND AGENT
Pursuant to Section 48.091 and Section 607.0501,Florida Statutes,the name and address of the
Initial Registered Agent for service of process upon the Association is:
CF Registered Agent, Inc.
100 S.Ashley Drive,Suite 400
Tampa, Florida 33602
The preceding address is also the address of the registered office of the Association.
Executed this 16th day of August,2018.
!/
Robert S.Freedman, Incorporator
STATE OF FLORIDA
COUNTY OF LEE
The foregoing instrument was acknowledged before me this 16th day of August,2018, by Robert
S. Freedman, being known to me to be the person who executed the foregoing Articles of Incorporation,
and who acknowledged to me that he executed the same as his free act and deed for the uses and
purposes therein set forth. He is personally known to me.
My Commission Expires: (16,6<4.,:i-f/tAle4.
t(s1�1 2O
(AFFIX NOTARY SEAL) Name 0&j_ (Signa<re)� )
(Legibly Printed)
Notary Public,State of Florida
P MEUSA RIVERA ZAMBRANA (J25!) J -IF
.RAK- : Notary Public-State of Florida
Commission #GG 052634 (Commission Number, if any)
'%;,.tr ' My Comm Expires Feb 7.2021
Bonded through National Notary Assn.
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ACCEPTANCE OF DESIGNATION OF REGISTERED AGENT
The undersigned, having been named as registered agent and to accept service of process for
SERENO GROVE HOMEOWNERS ASSOCIATION, INC., hereby accepts the appointment as registered
agent and agrees to act in such capacity. The undersigned further agrees to comply with the provisions
of all statutes relating to the proper and complete performance of her duties and is familiar with and
accepts the obligations of her position as registered agent.
CF Registered Agent, Inc.
By:
Robert S' Freedman
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Exhibit D
By-Laws
114216177.6
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BY-LAWS
OF
SERENO GROVE HOMEOWNERS ASSOCIATION, INC.
(A Corporation Not for Profit)
ARTICLE I: Name and Location
The name of the corporation is SERENO GROVE HOMEOWNERS ASSOCIATION, INC.
(hereinafter referred to as the "Association"), and its initial office for the transaction of its affairs shall be
10481 Six Mile Cypress Parkway, Ft. Myers, FL 3966. Meetings of Members and directors may be held
at such places within the State of Florida as may be designated by the Board of Directors (hereinafter
referred to as the"Board").
ARTICLE II: Definitions
Unless the context expressly requires otherwise, the terms used herein shall have the meanings
set forth in the Declaration of Covenants and Restrictions for Sereno Grove ("Declaration").
ARTICLE III: Meeting of Members
Section 1. Annual Meetings. All annual and special meetings of the Association shall be
held in Collier County, Florida, or at such other place as may be permitted by law and from time to time as
fixed by the Board and designated in the notices of meetings.
Section 2. Notice of Annual Meetings. Annual meetings of the Members of the
Association shall be held in the fourth quarter of each fiscal year. Notice of the meeting, which shall
include an agenda, shall be mailed, delivered, or sent by electronic transmission to each Member listed in
the membership book of the Association at the street, post office, or electronic mail address (as
applicable) shown therein ("Member of Record") not less than 14 days prior to the meeting. Evidence of
compliance with this 14-day notice requirement shall be made by an affidavit executed by the person
providing the notice and filed upon execution among the official records of the Association. In addition to
mailing, delivering, or electronically transmitting the notice of any meeting, the Association may, by
reasonable rule, adopt a procedure for conspicuously posting and repeatedly broadcasting the notice and
the agenda on a closed-circuit cable television system serving the Association. When broadcast notice is
provided, the notice and agenda must be broadcast in a manner and for a sufficient continuous length of
time so as to allow an average reader to observe the notice and read and comprehend the entire content
of the notice and the agenda.
Section 3. Special Meetings. Special meetings of the Members, for any purpose or
purposes, whether or not specifically required by these By-Laws, the Articles of Incorporation, or the
Declaration may be called by the president, secretary, a majority of the Board, or by the Members having
1/10 of the total eligible votes of the Class A membership.
Section 4. Notice of Special Meetings. No business shall be transacted at any special
meeting except as stated in the notice thereof. Notice of all special meetings shall be given by the
secretary to Members of Record, or if the secretary shall fail to do so, by the president or Board, not less
than 30 nor more than 60 days prior to the date thereof, stating the date, time, and place of the meeting
and the purpose or purposes thereof. Notices deposited in the United States mail, postage prepaid within
the prescribed time or, in lieu of mailing, delivered by hand to the Members shall suffice. The Secretary
shall obtain and retain a written receipt of delivery of the post office certificate of mailing as proof that the
notice was delivered or mailed.
Section 5. Quorum. Members present in person or represented by proxy, entitled to cast at
least 1/3 of the total eligible votes of the membership of the Association, shall constitute a quorum.
Section 6. Action Taken at Meeting. When a quorum is present at any meeting, a majority
of the votes duly cast by the Members present at the meeting or represented by written proxy shall decide
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any question brought before the meeting, unless the question is one upon which by express provision of
law, the Declaration, the Articles of Incorporation or these By-Laws, a different vote is required, in which
case the express provision shall govern and control. If any meeting of Members cannot be organized
because a quorum is not present, the meeting may be adjourned by a majority of the Members present in
person, until a quorum is present
Section 7. Order of Business. The order of business at all meetings shall be as prescribed
in the agenda prepared by the Board and submitted to the Members of Record with the notice of each
meeting.
Section 8. Action Without Meeting. Any action which may be taken by the membership
pursuant to a duly called meeting, may be taken without a meeting provided that: a proposal of action to
be taken by the Members is mailed to every Member of the Association together with a request for
approval or disapproval; and, the Members responding to the proposal ("Responding Members") hold at
least 1/3 of the votes of all Members of the Association. A proposed action may be approved by a
majority of the votes attributable to the Responding Members unless the proposed action is one which by
express provision of law, the Declaration, the Articles of Incorporation or these By-Laws requires a
different vote, in which case the express provision as it pertains to voting percentages shall govern and
control.
Section 9. Voting.
(a) The Association has two classes of voting membership: Class A and Class B.
(b) So long as there is Class B membership, Class A Members are all Owners
except Declarant. The Class B Member shall be Declarant. Upon termination of Class B membership, as
provided by the Declaration, Class A Members are all Owners, including Declarant so long as such
Declarant is an Owner.
(c) Class A Members shall be entitled to 1 vote per Lot owned, and there shall be
only 1 vote per Lot or Parcel. When Declarant becomes a Class A Member, Declarant shall have 1 vote
for each Lot or Parcel still owned or to be constructed by Declarant within the Community.
(d) The vote of a Lot or Parcel may not be divided.
(e) The Class B Member shall be entitled to 9 votes for each Lot or Parcel owned by
the Class B Member.
(f) If more than one person owns an interest in any Lot or Parcel, all such persons
are Members, but there may be only one vote cast with respect to such Lot or Parcel. Such vote may be
exercised as the co-Owners determine among themselves, but no split vote is permitted. Prior to any
meeting at which a vote is to be taken, each co-Owner must file the name of the voting co-Owner with the
secretary of the Association to be entitled to vote at such meeting, unless such co owners have filed a
general voting authority with the Secretary applicable to all votes until rescinded. Notwithstanding the
foregoing, if title to any Lot or Parcel is held in a tenancy by the entireties, either tenant is entitled to cast
the vote for such Lot or Parcel unless and until the Association is notified otherwise in writing.
(g) Electronic Voting. Electronic voting may occur in and for the Association under
the terms and provisions of the following:
1. In order for electronic voting to occur on any Association matter, the
Board must first pass a resolution authorizing same, which resolution must:
a. provide that Members receive notice of the opportunity to vote
through an online voting system;
b. establish reasonable procedures and deadlines for Members to
consent, in writing, to online voting; and
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c. establish reasonable procedures and deadlines for Members to
opt out of online voting after giving consent.
2. Once such a resolution has been passed, elections and other
membership votes may be conducted through an internet-based online voting system if a Member
consents, in writing, to online voting and if the following requirements are met:
a. The Association shall provide each Member with a method or
means:
(1) to authenticate the Member's identity to or within the
online voting system;
(2) to confirm, at least 14 days prior to the date of the vote
or the voting deadline, that the Member's electronic device can successfully communicate with the online
voting system; and
(3) that is consistent with the election and voting
procedures in these Bylaws and the other Governing Documents; and
b. The Association utilizes an online voting system that is able to:
(1) authenticate the Member's identity;
(2) authenticate the validity of each electronic vote to ensure
that the vote is not altered in transit;
(3) transmit a receipt from the online voting system to each
Member who casts an electronic vote;
(4) permanently separate any authentication or identifying
information from the electronic election ballot, rendering it impossible to tie an election ballot to a specific
Member(this provision only applies if these Bylaws provide for secret ballots for the election of Directors);
and
(5) store and keep electronic ballots accessible to election
officials for recount, inspection, and review.
3. A Member voting electronically pursuant to or as a result of this
subsection (g) shall be counted as being in attendance at the meeting for purposes of determining a
quorum.
4. A Member's consent to online voting is and shall remain valid until the
Member opts out of online voting pursuant to the procedures established by the Board.
5. This subsection (g) shall apply to any matter that requires a vote of the
Members.
Section 10. Presiding Officers. At each meeting of the Members, the president, or in his
absence the vice president, shall preside and the secretary, or in his absence the assistant secretary,
shall be the secretary for the meeting.
Section 11. Right to Speak. Members and Owners have the right to attend all membership
meetings and to speak at any meeting with reference to all items opened for discussion or included on the
agenda. Notwithstanding any provision to the contrary in the Governing Documents or any rules adopted
by the Board or by the membership, a Member or an Owner have the right to speak for at least 3 minutes
on any item, provided that the Member or Owner submits a written request to speak prior to the meeting
(such request shall be delivered to the Association's record office and verified by the Association
secretary prior to commencement of the meeting). The Association may adopt written reasonable rules
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governing the frequency, duration, and other manner of Member and Owner statements, which rules must
be consistent with the provisions of this Section.
ARTICLE IV: Directors
Section 1. Board of Directors. Prior to Transfer of Control, the affairs of the Association
shall be managed by a Board of 3 directors. A director must be a Member, except that the directors
elected or appointed by the Class B Members need not be Members and may be the officers and/or
employees of Declarant. Subsequent to Transfer of Control, the Board shall be comprised of not less
than 3 directors and not more than 7 directors, such number to be determined by the Board from time to
time. There shall be at all times a minimum of 3 directors.
Section 2. Election of Directors.
(a) Election of directors shall be held at the annual Members' meeting.
(b) The election of directors to be elected by the Class A Members shall be by ballot (unless
dispensed by the unanimous vote consent of those Members eligible to vote in person or proxy) and shall
be determined by a plurality of the Class A votes cast. There shall be no cumulative voting.
(c) Except as to vacancies provided by removal of directors by Members, all vacancies in the
Board occurring between annual meetings of Members, including vacancies created by increasing the
size of the Board, shall be filled by the vote of a majority of the remaining directors.
(d) Any directors elected by Class A Members may be removed in accordance with the
provisions of the Act. If a vacancy occurs on the Board as a result of the removal of less than a majority of
the directors, the vacancy shall be filled by the affirmative vote of a majority of the remaining directors. If
vacancies occur on the Board as a result of the removal of a majority or more of the directors, the
vacancies shall be filled in accordance with the provisions of the Act.
(e) Notwithstanding the foregoing, the Class B Members shall have the right to elect all
Directors as long as there shall be Class B membership, except that Class A Members shall be entitled to
elect at least one member of the Board of Directors (but not a majority of the directors until Transfer of
Control has occurred) if 50% of the Lots and Parcels in all phases of the Community which will ultimately
be operated by the Association have been conveyed to the Class A Members.
(f) Any disputes involving the election of directors shall be resolved through the applicable
provisions of the Act.
Section 3. Term of Office. Unless otherwise provided herein, the term of each director's
service shall be one year and until his successor is duly elected and qualified or until he is removed in the
manner provided elsewhere herein.
Section 4. Composition of the Board of Directors; Eligibility.
(a) In accordance with the Articles of Incorporation, the Board appointed and named in said
Articles of Incorporation (and their successors appointed by Declarant) shall serve at least until Class A
Members are entitled to elect one or more of the directors.
(b) Upon Transfer of Control, a simple majority of directors shall be elected for a term of
office to end at the second subsequent annual meeting of the Members of the Association, and the
remaining directors shall be elected for a term of office to end at the subsequent annual meeting of the
Members of the Association. Following the initial election of non-Declarant Members, subsequent
elections to the Board shall be for a 2 year term of office, unless otherwise provided herein. All officers of
a corporation or other entity owning a Lot or Parcel shall be deemed to be Members of the Association so
as to qualify each to become a director hereof.
(c) A Member who is delinquent in the payment of any fee, fine, or other monetary obligation
to the Association for more than ninety (90) days is not eligible to be a director.
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(d) A Member who has been convicted of any felony in Florida or in a United States District
or Territorial Court, or has been convicted of any offense in another jurisdiction which would be
considered a felony if committed in Florida, is not eligible to be a director, unless such Members' civil
rights have been restored for at least 5 years as of the date on which such Member seeks election to the
board.
(e) The validity of any action by the Board is not affected if it is later determined that a
member of the Board is ineligible to be a director.
Section 5. Notice of Board Meetings to Members. Notices of all Board meetings must be
posted in a conspicuous place in the Community at least 48 hours in advance of a meeting, except in an
emergency. In the alternative, notice of the Board meeting, which shall include an agenda, shall be
mailed, delivered, or sent by electronic transmission to each Member of Record listed in the membership
book of the Association at the street, post office, or electronic mail address (as applicable) shown therein
not less than 7 days prior to the meeting, except in an emergency. Evidence of compliance with this 7-
day notice requirement shall be made by an affidavit executed by the person providing the notice and
filed upon execution among the official records of the Association. A Member must consent in writing to
receiving notice via electronic transmission.
Section 6. Right of Members to Speak at Board Meetings. Notwithstanding any provision
to the contrary in the Association's governing documents or any rules adopted by the Board or by the
membership, an Owner has the right to attend all Board meetings and to speak on any matter placed on
the agenda by petition of the voting interests for at least 3 minutes. The Association may adopt written
reasonable rules governing the frequency, duration, and other manner of Owner statements, which rules
must be consistent with the provisions of the Act, and may include a sign-up sheet for Members wishing
to speak. Notwithstanding any other law, the requirement that Board meetings and committee meetings
be open to the Members is inapplicable to meetings between the Board or a committee and the
Association's attorney (a) held for the purpose of discussing personnel matters, or (b) as otherwise
specifically prescribed under the Act.
Section 7. Annual Meetings. The annual meeting of the Board may be held at such time
and place as shall be determined by the directors, except that such annual directors' meeting shall be
held as soon as practicable following the annual Members' meeting. If held at any time other than
immediately following the annual Members' meeting, there shall be 3 days' notice given by the President
personally or by mail, telephone or telegraph, which notice shall state the time and place of the meeting.
Section 8. Meeting to Determine Assessments. An Assessment may not be levied at a
Board meeting unless a written notice of the meeting is provided to all Members of Record at least 14
days before the meeting, which notice shall include a statement that Assessments will be considered at
the meeting and the nature of the Assessments. Written notice of any meeting at which Special
Assessments will be considered must be mailed, delivered, or electronically transmitted to the Owners
and posted conspicuously on the Common Property or broadcast on closed-circuit cable television not
less than 14 days before the meeting.
Section 9. Meeting to Determine Rules and Regulations. Written notice of any meeting at
which rules that regulate the use of Lots and Parcels may be adopted, amended, or revoked must be
mailed, delivered, or electronically transmitted to the Owners, and posted conspicuously on the Common
Property or broadcast on closed-circuit cable television, not less than 14 days before the meeting. A
written notice concerning changes to the rules that regulate the use of Lots and Parcels in the Association
must include a statement that changes to the rules regarding the use of Lots and Parcels will be
considered at the meeting.
Section 10. Special Meetings. Special meetings of the directors may be called by the
president and must be called by the secretary at the written request of 2/3 of the directors. Not less than
3 days' notice of the meeting shall be given personally or by mail, telephone or telegraph, which notice
shall state the time, place and purpose of the meeting.
114216177.6 5
1 6 A 1
Section 11. Waiver of Notice. Any director may waive notice of a meeting before or after the
meeting, and such waiver shall be deemed equivalent to the giving of notice. Attendance at a meeting
shall constitute a waiver of notice.
Section 12. Quorum and Voting. A quorum at directors' meetings shall consist of a majority
of the entire Board. The acts approved by a majority of directors shall constitute the acts of the Board
except when approval by a greater number of directors is required by the Declaration, the Articles of
Incorporation, these By-Laws, or the laws of the State of Florida.
Section 13. Adjourned Meetings. If at any meeting of the Board there shall 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.
Section 14. Joinder in Meeting by Approval 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 such director for the purpose of determining a quorum.
Section 15. Petition by Members to Board to Address an Item of Business. If twenty
(20) percent of the total voting interests in the Association petition the Board to address an item of
business, the Board shall, at its next regular Board meeting or at a special meeting, but not later than 60
days after the receipt of the petition, consider the petitioned item. Written notice of the meeting shall be
provided to all Members of Record at least 14 days before the meeting. Such notice shall include an
agenda of items to be considered. Other than addressing the petitioned item at the meeting, the Board is
not obligated to take any other action requested by the petition.
Section 16. Presiding Officer and Secretary for Meetings. The presiding officer of the
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. The secretary of the Association shall be the secretary for meetings of the
directors, unless absent, in which case the directors shall designate one of their members to act as
secretary for the meeting.
Section 17. Compensation. No director shall receive compensation for any service he may
render to the Association as director. However, any director may be reimbursed for his actual expenses
incurred in the performance of his duties, and this provision shall not preclude a person who is also a
director to receive compensation in exchange for other services rendered to or on behalf of the
Association in a capacity other than director.
Section 18. Committees. The Board may from time to time appoint such committees and
delegate such duties and powers thereto as it may deem advisable.
Section 19. Attendance by Telephone. Any member or members of the Board shall be
deemed present and voting at a meeting of such Board if said member or members participate in the
meeting by means of a conference telephone or similar communications equipment or device enabling all
persons participating in the meeting to hear each other.
Section 20. Action Without Meeting. Any action required or permitted to be taken at any
meeting may be taken without a meeting if written consent to the action signed by all the members of the
Board is filed with the minutes of the proceedings of the Board.
Section 21. Powers. The Board shall have the powers set forth in the Declaration and the
Florida Not-For-Profit Corporation Act, including but not limited to the power to:
(a) adopt and promulgate rules and regulations governing the Community or
contemplated by the Declaration, and to establish penalties for the infraction thereof (a rule shall be
deemed promulgated when a copy thereof is furnished to each Member in person or mailed to each such
Member at the address on the records of the Association);
114216177.6 6
1 6 A 1
(b) suspend the voting and rights of a Member as described in the Declaration or as
otherwise provided in the Act;
(c) exercise for the Association all powers, duties and authority vested in or
delegated to this Association and not reserved to the membership by other provisions of these By-Laws,
the Articles of Incorporation, or the Declaration, including the establishment of the Assessments provided
for in the Declaration; and
(d) employ a manager, or such other independent contractors or employees as they
deem necessary, and to prescribe their duties.
Section 22. Duties. It shall be the duty of the Board to:
(a) cause to be kept a complete record of all its acts and corporate affairs and to
present an oral or written statement thereof to the Members at the annual meeting of the Members, or at
any special meeting when such statement is requested in writing by 1110th of the total eligible Class A
voting interests who are entitled to vote;
(b) supervise all officers, agents and employees of the Association, and to see that
their duties are properly performed;
(c) as more fully provided in the Declaration, to:
1. fix the amount of the Assessments to be levied against the Owners;
2. exercise the duties of the Board as set forth in the Declaration and
enforce the restrictions and covenants contained therein; and
3. take appropriate and timely action against Members whose Assessments
are in default;
(d) issue, or to cause an appropriate officer to issue, upon demand by any person, a
certificate setting forth whether or not any Assessment has been paid. A reasonable charge may be
made by the Board for the issuance of these certificates. If a certificate states an Assessment has been
paid, such certificate shall be conclusive evidence of such payment;
(e) cause all officers or employees having fiscal responsibilities to be bonded, if such
bonding may be deemed appropriate; and
(f) perform such other acts as may be required of a board of directors under the
Florida Not-For-Profit Corporation Act.
Section 23. Certification by Directors. Each director shall be required to provide the
certification required under Section 720.3033 of the Act.
ARTICLE V: Officers
Section 1. First Officers. In accordance with the Articles of Incorporation, the first officers
of the Association named and appointed in such Articles of Incorporation shall serve until their qualified
successors are elected by the Board.
Section 2. Executive Officers. The executive officers of the Association shall be a
president, who shall be a director, a vice president, who shall be a director, a treasurer-secretary and
other officers as shall be elected by the Board. Except as provided in Section 1 of this Article, such
officers shall be elected annually by the Board. Officers need not be Owners, and the officers and
employees of Declarant may be officers of the Association. The Board from time to time may elect such
assistant or other officers and designate their powers and duties as the Board shall find to be required to
manage the affairs of the Association. Each officer shall serve until a qualified successor is elected by the
114216177.6 7
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Board. The Board, by a 2/3 affirmative vote, from time to time may remove an officer with or without
cause and fill such vacancy so created.
Section 3. President. The president shall be the chief executive officer of the Association.
He shall have all of the powers and duties that are usually vested in the office of president of a
corporation, including, but not limited to, the power to appoint committees from among the Members from
time to time, as he in his discretion may determine appropriate, to assist in the conduct of the affairs of
the Association.
Section 4. Vice-President. The vice-president, in the absence or disability of the president,
shall exercise the powers and perform the duties of the president. He also shall assist the president
generally and exercise such other powers and perform such other duties as shall be prescribed by the
directors.
Section 5. Secretary. The secretary shall keep the minutes of all proceedings of the
directors and Members. He shall attend to the giving and serving of all notices to the Members and
directors and others that are required by law. He shall have custody of the seal of the Association and
affix it to any instruments requiring a seal when duly signed. He shall keep the records of the Association
including the membership book, except those of the treasurer unless the secretary is also the treasurer of
the Association. The secretary shall perform all other duties incident to the office of secretary of a
corporation and as may be required by the Board of Directors or the President. Any assistant secretary
elected shall perform the duties of the secretary when the secretary is absent.
Section 6. Treasurer. The treasurer shall have custody of all property of the Association
including funds, securities and evidences of indebtedness. He shall keep the books of the Association in
accordance with good accounting practices, and he shall perform all other duties usually incident to the
office of treasurer.
Section 7. Compensation. No officer shall receive any compensation by reason of his
office; provided, however, that nothing herein shall preclude the Board from employing an officer as an
employee of the Association or preclude the contracting with an officer for management services.
ARTICLE VI: Fiscal Management
Section 1. Depositories. All funds of the Association shall be deposited in the name of the
Corporation in such bank, banks or other financial institutions as the Board may from time to time
designate, and shall be drawn out on checks, drafts or other orders signed on behalf of the Association by
such person or persons as the Board may from time to time designate.
Section 2. Contracts, Etc. Except as otherwise specifically provided by these By-Laws, all
contracts, agreements, deeds, bonds, mortgages and other obligations and the instruments shall be
signed on behalf of the Association by the president or by such other officer, officers, agent or agents as
the Board may from time to time by resolution provide.
Section 3. Budget. The Board shall adopt an Annual Budget for each fiscal year that shall
include the estimated funds required to defray the Association expenses and to provide and maintain
funds for the appropriate accounts according to good accounting practices. Such Annual Budget shall be
adopted prior to, and a copy shall be distributed at, the annual Members' meeting next preceding the
fiscal year for which the Annual Budget shall apply.
Section 4. Assessments. As more fully provided in the Declaration, each Member is
obligated to pay to the Association certain Assessments which are secured by a continuing lien upon the
property against which the particular Assessment is made. Any Assessments which are not paid when
due shall be delinquent. If the Assessment is not paid within 30 days after the due date, the assessment
shall bear interest from the date of delinquency at the rate of 15% per annum, or such other rate as may
be, from time to time, established by the Board; provided, however, that such rate shall not exceed the
maximum rate allowed by the law not constituting usury. The Association may bring an action at law
against the Owner personally obligated to pay the same or foreclose the lien against the particular Lot or
Parcel, and interest, costs and reasonable attorneys' fees of any such action shall be added to the
114216177.6 8
1 6 A 1
amount of such Assessment. No Owner may waive or otherwise escape liability for the Assessments
provided for herein.
Section 5. General Assessments. The Board shall adopt the General Assessments as
provided for in Exhibit E to the Declaration. The General Assessments contained in such Exhibit E shall
remain in effect until changed by action of the Board. The adoption of these By-Laws is action of the
Board to fix and establish the General Assessments as contained in such Exhibit E.
Section 6. Other Assessments.
(a) As contemplated by the Declaration, Special Assessments may be adopted by
the Association to meet expenses which exceed the Annual Budget adopted by the Board of Directors.
Such Special Assessments shall be adopted and levied upon approval of a majority of the votes cast by
the Members present at a special meeting called for that purpose. Prior to Transfer of Control, Special
Assessments may only be levied if a majority of the Owners other than Declarant has approved the
Special Assessment by a majority vote at a duly called special meeting of the Association's membership
at which a quorum is present.
(b) The Association shall impose and levy Specific Assessments and/or
Landscaping Assessments and/or Fenced Lot Landscaping Assessments in accordance with the
Declaration and Exhibit E thereto.
Section 7. Financial Report. The Treasurer of the Association shall report the financial
status of the Association to the Members in accordance with the financial reporting requirements of the
Act.
ARTICLE VII: Amendments
These By-Laws may be altered, amended, or rescinded by the affirmative vote of 2/3 of the
Board, and after notice to the Members, by a majority of the total eligible Class A voting interests in the
Association, and the unanimous votes of the Class B Members and the Class C Member.
Notwithstanding the foregoing, (a) no amendment to the By-Laws shall be valid which affects any of the
rights and privileges provided to Declarant without the written consent of Declarant as long as Declarant
shall own any Lot or Parcel in the Community, and (b) no amendment which will affect any aspect of the
Surface Water Drainage and Management System shall be effective without the prior written approval of
SFWMD.
ARTICLE VIII: Miscellaneous
Section 1. The fiscal year of the Association shall be the calendar year.
Section 2. In the case of any conflict between the Articles of Incorporation and these By-
Laws, the Articles of Incorporation shall control. In the case of any conflict between the Declaration and
these By-Laws, the Declaration shall control.
Section 3. All issues or disputes which are recognized by the Act or by administrative rules
promulgated under the Act as being appropriate or required for dispute resolution shall be submitted to
such dispute resolution procedures contained in the Act prior to institution of civil litigation.
114216177.6 9
1 6 A 1
Exhibit E
Types of Assessments and Basis for Calculation
NOTE: All defined terms contained in this exhibit shall have the meaning set forth in the Declaration to
which this exhibit is attached.
Types of Assessments. The Association shall have the power to levy the following types of
Assessments and in the following manner:
1. General Assessments. The "General Assessments" shall be levied against all portions of
the Property subject to the Declaration to raise funds necessary to pay expenses that apply to all of the
Owners thereof in whole or in part. The General Assessment shall be levied based upon the Annual
Budget. The General Assessment shall pertain to the general Common Expenses, including, but not
limited to, the costs associated with maintenance and repair (including reserves for capital improvements
and deferred maintenance, if and to the extent determined appropriate by the Board in its sole discretion)
of the Common Property (including specifically all Association private roadways, which will be deemed to
include all paved surfaces as well as bricks, pavers and other decorative features located at the entrance
to the Community, whether or not within the Property, and other roadways maintained by the
Association), the Community Entry Features, landscape areas located in the vicinity of the entrance to the
Community (whether or not physically contained within the boundaries of the Community), and general,
office, administration and management costs of operation of the Association (such as, but not limited to,
accounting and legal fees, office supplies, telephone services, management services, payment of salaries
and benefits, employment and labor costs, worker's compensation insurance, registration and filing fees,
and casualty and other insurance costs).
In order to collect the general Common Expenses contained in the Annual Budget, General
Assessments shall be levied against the Lots and Parcels on a pro rata basis. General Assessments shall
be assessed on an annual basis and payable in quarterly installments or in such other manner and time
frame as determined by the Board in its sole discretion and from time to time. Each Owner, by virtue of
taking title to a Lot or Parcel, acknowledges and agrees, and shall be deemed to have acknowledged and
agreed, that certain general costs of the Association may not wholly pertain to all portions of the Property
but that it would be virtually impossible to calculate the apportioned share among the various Assessment
classifications, and as such these costs shall be borne as part of the General Assessments.
2. Landscaping Assessments. "Landscaping Assessments" shall be levied against the Lots
or Parcels contained within the Community to raise funds necessary to pay expenses related to
landscape maintenance. By way of example, and without limitation, such expenses would include the
various costs associated with landscaping maintenance for different sized Lots or Parcels located within
the Community. In any and all circumstances, the Board shall have all right, power and authority to
determine what costs and expenses of the Association should be levied as Landscaping Assessments.
All Landscaping Assessments shall be assessed on an annual basis and payable in quarterly
installments or in such other manner and time frame as determined by the Board in its sole discretion and
from time to time. Each Owner, by virtue of taking title to a Lot or Parcel, acknowledges and agrees, and
shall be deemed to have acknowledged and agreed, that there may be specific costs of the Master
Association that should be allocated to certain groups of Lots or Parcels and that such costs should be
borne as part of the Landscaping Assessments, and that the Board has all right, power and authority,
from time to time, to determine what costs and expenses pertain only to one or more specific Lots or
Parcels for purpose of levying Landscaping Assessments.
3. Fenced Lot Landscaping Assessments. "Fenced Lot Landscaping Assessments" may be
levied against each Fenced Lot, if so determined by the Board in its sole and reasonable discretion from
time to time, on an annual, quarterly or monthly basis (as the Board may determine) to pay additional
expenses incurred by the Association in connection with the Association's performance of its grass and
landscaping responsibilities under Section 8.2.12 of the Declaration within the applicable Fenced Lot. For
purposes of clarity, the Association shall have no obligation to levy Fenced Lot Landscaping
Assessments against Fenced Lots, even if there are certain costs and expenses which could be
determined to be solely pertaining to Fenced Lots.
114216177.6 1
1 6 A 1
4. Special Assessments. In addition to the General Assessments, the Association may levy
against each Owner, in accordance with the allocation procedures set forth in this Exhibit and the
Declaration, in any fiscal year a special assessment ("Special Assessment") applicable to that year for
capital improvements, extraordinary maintenance, repairs, or for the purpose of defraying, in whole or in
part, known expenses which exceeded, or when mature will exceed, the costs and expenses pertaining to
the particular Annual Budget items for which the General Assessments were levied. Prior to Transfer of
Control, Special Assessments may only be levied if a majority of the Owners other than Declarant has
approved the Special Assessment by a majority vote at a duly called special meeting of the Association's
membership at which a quorum is present.
5. Specific Assessments. All accrued liquidated indebtedness of any Owner arising under
any provision of the Declaration may be levied by the Association as a specific assessment ("Specific
Assessment") against such Owner after such Owner fails to pay such indebtedness when due and such
default continues for 30 days after written notice; provided, however, that no Specific Assessment shall
be levied in connection with a fine of less than $1,000 levied by the Association pursuant to the Act. By
way of example, a Specific Assessment may be levied against an Owner where the Association has
performed maintenance as a result of failure of an Owner to do so. In addition, a Specific Assessment
shall also be levied for charges directly attributable to a particular Owner.
114216177.6 2
1 6 A 1
Exhibit F
Approved Concept of Signage under Section 5.26.2.2
18"
•
FOR SALE
10" REALTY CO .
PH 123-4567
•
10" x 18" Wood or Metal sign (Dark Green Background w/White Letters
and Border) mounted to metal step stake
1 6 A 1
Exhibit G
Florida Fish and Wildlife Conservation Commission's
"Living with Black Bears' Management Plan"
1 6 A i
A guide to living in
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Exhibit 3.8
Application No. 150604-14
Page 1 of 12
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if you aro in Florida,
you should know
Florida's black bear population has recovered from
historically low numbers in most areas of the state,
while at the same time the number of people has
increased in and around where bears live.As a result,
bears and people encounter each other more than ever.
Keeping bears wild and away from the places where
people live and work is a responsibility we all share to
ensure they remain a valued part of Florida's natural
heritage.
Living in bear country provides rewarding opportunities
for residents and visitors to view Florida's largest land
mammal.Observe them from a distance,as a bear near
your home or workplace is usually just passing through.
However,if you experience human-bear conflicts,the
Exhibit 3.8
Application No. 150604-14
Page 2 of 12
I 6 A 1
Bear-related calls to the FWC increased from about
1,000 in 2001 to almost 7,000 in 2014,with most
people reporting bears in their yards or getting into
garbage.
Human-bear conflicts are preventable.Most conflicts
result from people feeding bears either intentionally
or unintentionally,even though feeding is illegal In
Florida.Bears are attracted to neighborhoods that
allow access to food sources—such as garbage,pet
food and birdseed—and will quickly learn to associate
homes and businesses with getting an easy meal.This
behavior becomes more evident in fall,when bears
eat up to 20,000 calories a day to bulk up for winter.
Bears that become too comfortable around people are
more likely to be killed by collisions with vehicles,by
someone taking an illegal action or by FWC to address
a public safety risk.
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Application No. 150604-14
Page 3 of 12
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The bear facts
Black bears are the only species of bear in Florida and
once roamed the entire state.
FWC biologists estimate approximately 4,000 black
bears roam Florida today,compared to as few as
300 bears in the 1970s.
® Florida bears generally have black fur with a tan
muzzle and sometimes a white chest patch called a
blaze.
m Adult black bears typically weigh between 150
to 400 pounds,with males often twice the size of
females.
m Female bears have their first litter at about 3 1/2
years old and usually have one to three cubs every
other year.
m In Florida,bear breeding season runs from June to
August,with cubs born in late January or early
February.
■ Bears typically range over a large area;15 square
miles for females and 62 square miles for males.
• Bears have the best sense of smell of any land
mammal,seven times better than a bloodhound.
■ 80%of a black bear's diet comes from plants
such as fruits,nuts and berries,15%from insects
like termites,ants and bees,and 5%from meat
such as opossums,armadillos and carrion.
For more bear facts, visit MyFWC.com/Bear.
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Exhibit 3.8
Application No. 150604-14
Page 4 of 12
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Fftlhsr ctmt relocate bears?
Unfortunately,relocation typically does not resolve
human-bear conflicts,In Florida,it Is rare to find
public lands large and remote enough where bears
can be moved without coming in contact with people.
Relocated bears typically leave the new area to return
to their original home or because the new habitat is
already occupied by other bears.The result can be
bears wandering through unfamiliar areas and crossing
busy roads,which creates a danger to motorists and
bears.In addition,relocated bears very often exhibit the
same unwanted behavior they did before,so relocation
may just shift the problem to a new place.For all these
reasons,relocation is neither a desirable nor effective
way to solve human-bear conflicts.
The FWC is committed to providing effective solutions
to conflicts that address the safety concerns of
residents and visitors and the long-term well-being of
bears.
Bear behavior and you
Black bears are shy animals and generally not
aggressive towards people.When bears are frightened
they run away or climb a tree.If a bear Is in a tree
in your neighborhood,it is either feeding or trying to
escape danger.Keep people and pets away,and the
bear will come down and leave on its own when it feels
safe,usually after dark.When a bear stands on its
hind legs,it is only trying to get a better view or scent,
rather than acting in a threatening manner.Black bears
Exhibit 3.8
Application No.150604-14
Page 5 of 12
16A1
may huff,snap their jaws,swat the ground or"bluff
charge"when cornered,threatened or defending food or
young. If this happens,stop,hold your ground and then
slowly back away.Always remember to respect bears
—they are large,powerful,wild animals that can act
unpredictably and become dangerous.Bears used to
getting food from people may lose their natural fear of
human contact and are more likely to damage property
or become a public safety threat. NEVER feed or attract
bears.If a bear is eating something on your property,
take note of what it is and secure it after the bear has
left the area.
Here are some tips on how to be Bear Wise,remain
safe around black bears and reinforce their natural fear
of people:
i3 Never approach a bear.Keep as much distance
between you and the bear as possible.
p If a bear changes its behavior because of your
presence,you are too close.
IB When walking dogs,keep them close and be aware
of your surroundings.Dogs can trigger defensive
behaviors from bears.
o Report any bear threatening the safety of people,
pets or livestock,or causing property damage to the
FWC(see back cover).
Li If you encounter a bear at close range,remain
standing upright with arms raised,back up slowly
and speak to the bear in a calm,assertive voice.
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Exhibit 3.8
Application No. 150604-14
Page 6 of 12
1 6 A 1
• Do not turn your back,play dead or run from a black
bear.Back away slowly into a secure area such as a
house,car or building.
n Make sure you are in a secure area and the bear
has a clear escape route,then yell loudly,bang pots
and pans,blow a whistle,or use an air horn or car
horn to scare the bear away.
® Install a motion-activated device,such as flood
lights,a water sprinkler like the Water Scarecrow',"
or audio alarm like the Critter GitterTM,to scare a
bear away from a location when you are not present.
Warning!It is illegal to take,possess,
injure,shoot,collect or sell black bears
under Florida state law unless authorized by
Commission issued permit.If you are found
guilty,you could face fines and/or jail time.
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Discouraging bears from visiting
your home
Bears do not linger in neighborhoods if they do not
find food.Properly storing or securing garbage and
other attractants is a proven method of preventing
bear conflicts around homes,neighborhoods and
businesses.However,it takes a community-wide effort
Exhibit 3.8
Application No. 150604-14
Page 7 of 12
i 6 A 1
to keep bears wild and away from people.These items
will attract bears:
ri Unsecured trash and unwashed recycling containers
p Bird and squirrel feeders with items like seed,suet
and peanuts
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Ill Wildlife feeders
[9 Pet food and bowls
❑ Barbeque grills and smokers
ci Small animals such as chickens,goats,pigs
and rabbits
o Animal feed like corn,grain and pet food
❑ Composting unsuitable materials
o Beehives
[j Fruit and nut-bearing trees and shrubs
O Unsecured outdoor freezers,refrigerators or coolers
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Exhibit 3.8
Application No. 150604-14
Page 8 of 12
16A1
Securing garbage;
n Store garbage and unwashed recyclabies in bear-
resistant containers or in a secure area,such as a
sturdy shed or garage,until the morning of pickup,or
® Build a small shed to store trash cans.Be sure there
are no gaps along the shed's edges and use screws
instead of nails.If the shed is curbside,call your
waste service provider to ensure they will service
trash cans from a shed,or
1.
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ff.
■ Retrofit your regular trash can to make it more
bear-resistant by adding hardware.For a retrofit to
be successful,the lid must not be flexible and the
can must not collapse when you stand on its side.
Call your waste service provider to ensure they will
service a retrofitted trash can,or
IY Request a commercially manufactured bear-resistant
trash can from your waste service provider. If they
do not provide these cans,you can special order
one from a hardware store,but ensure your waste
service provider will service it.
Securing ether bear attractants:
u Use electric fencing to protect gardens,garbage,
compost piles,apiaries,fruit trees and livestock.
i I'
Exhibit 3.8
Application No. 150604-14
Page 9 of 12
1 6 A 1
n Feed pets indoors or bring food dishes(even empty
ones)inside before dark.
D Store pet and livestock feed in bear-resistant
containers or inside a secure area.
El Remove or modify bird and wildlife feeders
and ensure the ground is free of all feed and debris.
® Keep gardens and fruiting trees and shrubs tidy.
Remove rotten fruit and harvest ripe nuts,fruits and
vegetables.
® Place a plywood sheet with finishing nails heads up
(basically an Unwelcome Mat)to keep bears away
from a specific area such as under a window or door,
along a patio edge or an opening in a fence.
ri _i 1 1 l' 1,...4\ , ` , I , f j
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t
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iii Keep outdoor refrigerators and freezers in a secure
location or lock up with super-adhesive anchors,like
Marine LocksTM.
® Clean meat smokers and barbeque grills with a
degreasing detergent and store in a secure area.
Properly dispose of any food remnants after each
use.
NOTE:Screened porches are not secure
from bears.
Exhibit 3.8
Application No.150604-14
Page 10 of 12
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Visit MyFWC.com/Bear for tips on how to secure bear
attractants,videos about bears and how to install
electric fencing and to learn more about bear-resistant
containers.
Funds from Florida's "Conserve
Wildlife"license plate help
conserve bears and reduce human-
bear conflicts.Buy one today at
your local tax collector's office or
online at BuyAPlate.com.
',‘14 r W
Exhibit 3.8
Application No. 150604-14
Page 11 of 12
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If you are experiencing bear conflicts,please contact
the nearest FWC regional office.
North Central Lake City (386)758-0525
Northeast Ocala (352)732-1225
Northwest Panama City (850)265-3676
South West Palm Beach (561)625-5122
Southwest Lakeland (863)648-3200
If you suspect Illegal activity,call FWC's Wildlife Alert
Hotline at 888-404-F WCC(3922).
Follow us on:
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Florida Fish and Wildlife
Conservation Commission
"printed on recycled paper 4/2016
Exhibit 3.8
Application No. 150604-14
Page 12 of 12
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
Solis,Andrew I. Collier County Board of County Commissioners
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
3299 East Tamiami Trail, Suite 300 WHICH I SERVE ISA UNIT OF:
CITY COUNTY ❑CITY dCOUNTY U OTHER LOCAL AGENCY
Naples Collier NAME OF POLITICAL SUBDIVISION:
Collier County
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
October 24, 2017 d ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of
interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent, subsidiary, or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a
relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAs)under
Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited
from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation
are not listed on any national or regional stock exchange).
* * * * * * * * * * * * * * * *
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above,you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting,who should incorporate the form in the minutes.
* * * * * * * * * * * * * * * *
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,
whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2)
CE FORM 8B-EFF.11/2013 PAGE 1
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Andrew I. Solishereby disclose that on October 24 20 17
(a)A measure came or will come before my agency which(check one or more)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
X inured to the special gain or loss of a client of my law firm by
whom I am retained; or
inured to the special gain or loss of ,which
is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
On October 24, 2017, Item 16-A-1, the Board will consider a recommendation to approve for recording the final
plat of Sereno Grove and approval of the standard form Construction and Maintenance Agreement.
The applicant, WCI Communities, LLC, is a client of my law firm, and in the abundance of caution, I will abstain
from voting pursuant to Section 286.012, Fla. Stat., to avoid any perceived prejudice or bias.
If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer,
who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way
as to provide the public with notice of the conflict.
October 24, 2017 � a
Date Filed Sig-
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
CE FORM 8B-EFF.11/2013 PAGE 2
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.