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Backup Documents 10/28/2014 Item #16A 8 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 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 Atlortie Office at the time the item is placed on the agenda. All completed routing slips and original documents must he received in the County Attorney Office no Iatcr than Monday preceding the Board meeting. **NEW**ROUTING SLIP Complete routing lines#] through#2 as appropriate for 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 routing lines#I 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 "619.-elko 4. BCC Office Board of County A-ham Commissioners Nri\c/S-( V2.41.9, 5. Minutes and Records Clerk of Court's Office 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 1y Contact/ Department Agenda Date Item was 10/28/14 Agenda Item Number 16A8 Approved by the BCC Type of Document Construction, Maintenance and Escrow Number of Original 1 Attached Agreement 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? 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 10/28/14 and all changes made during the meeting have been incorporated in the attached document. The County r� Attorney's Office has reviewed the changes, if applicable. % Y 9. Initials of attorney verifying that the attached document is the version approved by the i r BCC,all changes directed by the BCC have been made,and the document is ready fora e Chairman's signature. 1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 A 8 1648 CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS t-N THIS AGREEMENT entered into this 1 0 day of August, 2018, by WBC Cambria Grande Villas, Inc, a Florida corporation(hereinafter "Developer"), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, (hereinafter "The Board") and James H. Siesky, P.A. (hereinafter "Escrow Agent"). RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: CAMBRIA. B. The subdivision will include certain improvements which are required by Collier County ordinances, as set forth in a site construction cost estimate ("Estimate") prepared by Gary Butler, PE, a copy of which is attached hereto and incorporated herein as Exhibit 1. For purposes of this Agreement,the "Required Improvements" are limited to those described in the Estimate. C. Sections 10.02.05 C. and 10.02.04 of the Collier County Subdivision Code Division of the Unified Land Development Code requires the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. D. Escrow Agent has entered into a Escrow Agreement with Developer dated February 13, 2017, (the "Escrow Fund") to fund the cost of the Required Improvements. E. Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is $124,903.21, and this amount represents10% of the Developer's engineer's estimate of the construction costs for the Required Improvements, plus 100% of the construction costs of those improvements remaining to be completed. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer, the Board and the Escrow Agent do hereby covenant and agree as follows: 1. Developer will cause the water, sewer, roads, drainage and like facilities, the Required Improvements, to be constructed pursuant to specifications that have been approved by the County Manager or his designee within twelve (12) months from the date of approval of said subdivision plat. 2. Developer hereby authorizes Escrow Agent to hold$124,903.21 from the Escrow Fund, in escrow, pursuant to the terms of this Agreement. 3. Escrow Agent agrees to hold in escrow $124,903.21 from the Escrow Fund, to be disbursed only pursuant to this Agreement. Escrow Agent acknowledges that this Agreement shall not constitute a draw against the Escrow fund, but that only such funds as are actually disbursed, whether pursuant to this Agreement or a provision of the Escrow Fund, shall accrue interest. 4. The escrowed funds shall be released to the Developer only upon written approval of the County Manager or his designee who shall approve the release of the funds on deposit not more than once a month to the Developer, in amounts due for work done to date based on the 6 A 8 percentage completion of the work multiplied by the respective work costs less ten percent (10%); and further, that upon completion of the work, the County Manager or his designee shall approve the release of any remainder of escrowed funds except to the extent of$29,310.29 which shall remain in escrow as a Developer guaranty of maintenance of the Required Improvements for a minimum period of one (1) year pursuant to Paragraph 10 of the Agreement. However, in the event that Developer shall fail to comply with the requirements of this Agreement, then the Escrow Agent agrees to pay to the County immediately upon demand the balance of the funds held in escrow by the Escrow Agent, as of the date of the demand, provided that upon payment of such balance to the County, the County will have executed and delivered to the Escrow Agent in exchange for such funds a statement to be signed by the County Manager or his designee to the effect that: (a) Developer for more than sixty (60)days after written notification of such failure has failed to comply with the requirements of this agreement; (b) The County, or its authorized agent, will complete the work called for under the terms of the above-mentioned contract or will complete such portion of such work as the County, in its sole discretion shall deem necessary in the public interest to the extent of the funds then held in escrow; (c) The escrow funds drawn down by the County shall be used for construction of the Required Improvements, engineering, legal and contingent costs and expenses, and to offset any damages, either direct or consequential, which the County may sustain on account of the failure of the Developer to carry out and execute the above-mentioned development work; and (d) The County will promptly repay to the Escrow Agent any portion of the funds drawn down and not expended in completion of the said development work. 5. Written notice to the Escrow Agent by the County specifying what amounts are to be paid to the Developer shall constitute authorization by the County to the Escrow Agent for release of only those specified funds to the Developer. Payment by the Escrow Agent to the Developer of the amounts specified in a letter of authorization by the County to the Escrow Agent shall constitute a release by the County and Developer of the Escrow Agent for the specified funds disbursed in accordance with the letter of authorization from the County. 6. The Required Improvements shall not be considered for preliminary approval 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 Subdivision Regulations. 7. 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 the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the Required 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 A 8 8. Should the funds held in escrow be insufficient to complete the Required Improvements, the Board, after duly considering the public interest, may at its option complete the Required Improvements and resort to any and all legal remedies against the Developer. 9. Nothing in this Agreement shall make the Escrow Agent liable for any funds other than those placed in deposit by the Developer in accordance with the foregoing provision; provided, that the Escrow Agent does not release any monies to the Developer or to any other person except as stated in this Escrow Agreement to include closing the account, or disbursing any funds from the account without first requesting and receiving written approval from the County. 10. The Developer shall maintain all Required Improvement for one year after preliminary approval by the County Manager or his designee. After the one year maintenance period by the Developer and upon submission of a written request for inspection, the County Manager or his designee shall inspect the Required Improvements and, if found to be still in compliance with the Code as reflected by final approval by the Board, the Escrow Agent's responsibility to the Board under this Agreement is terminated. 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. 11. All of the terms, covenants and conditions herein contained are and shall be binding upon the respective successors and assigns of the Board, Developer and the Escrow Agent. th e�crs..i ( nf IN NITNESS WHEREOF, the Board and the evelope ave caused this Agreement to be executed by their duly authorized representatives this t�o day of August, 2018. SIGNEL THE PRESENCE OF: WBC Cambria Grande Villas, Inc, a Florida corporation By: Printed Name✓ 61,1,43 Sidney u. chman, President Printed name YV0ntn-<— 61 (1 0-5 SIGNED IN THE PRESENCE OF: James H. Siesky, P.A. By: ��X,///7/4" K��,�tci�d�cn 7 Printed Name mes H. Siesky,President „„z)Printed nae 1 16A8 ATTEST: CRYSTAL K. KINZFL, CLERK BOARD OF 's N Y COMM ONERS OF COLLIER 'OU " Y, FLO' 4 , ir By: lItAU' _ By: Deputy Clerk Attest as t ,ChB n S Andrew Solis, Chairman sign atutily. Approyed as to form and legai?iiiiiMow Scott A. Stone Assistant County Attorney , 16A8 CAMBRIA SUBDIVISION OPC 8/6/2018 10% 100% QTY. UNIT COST BOND BOND POTABLE WATER TIE INS 1 EA $2,000.00 $2,000.00 $2,000.00 8" PVC DR 18 1120 LF $17.00 $19,040.00 8" PVC DR 14(IRR) 140 LF $20.17 $2,823.80 FIRE HYDRANT 2 EA $1,432.00 $2,864.00 PERM SAMPLE POINT 1 EA $950.00 $950.00 $950.00 4" PVC CONDUIT 200 LF $4.79 $958.00 AIR RELEASE VALVE 2 EA $2,500.00 $5,000.00 $5,000.00 TEMP SAMPLE POINT 2 EA $150.00 $300.00 $300.00 SERVICES 20 EA $580.00 $11,600.00 BLOW OFF 1 EA $350.00 $350.00 $350.00 TESTING 1 EA $2,000.00 $2,000.00 $2,000.00 TOTAL WATER $47,885.80 DRAINAGE 12" HDPE 420 LF $21.84 $9,172.80 18" HDPE 160 LF $26.27 $4,203.20 15" HDPE 300 LF $23.54 $7,062.00 24" HDPE 300 LF $28.00 $8,400.00 GRATE INLET 4 EA $895.00 $3,580.00 VALLEY INLET 4 EA $1,590.00 $6,360.00 CATCH BASINS 5 EA $895.00 $4,475.00 YARD DRAINS 11 EA $400.00 $4,400.00 $4,400.00 42" HDPE 80 EA $51.81 $4,144.80 CONTROL STRUCTURE 1 EA $3,200.00 $3,200.00 TOTAL DRAINAGE $54,997.80 PAVING 1" ASPHALT SP-12 2011 SY $5.20 $10,457.20 $5,228.60 1" ASPHALT SP-12 2011 SY $5.20 $10,457.20 $10,457.20 8" BASE, 2 LIFTS 2212 SY $8.00 $17,696.00 12" STABILIZED SUBGRADE 2654 SY $1.56 $4,140.24 VALLEY GUTTER 1334 LF $8.56 $11,419.04 TYPE A CURB 126 LF $11.00 $1,386.00 STRIPING AND SIGNAGE 1 LS $1,400.00 $1,400.00 $1,400.00 SOD STRIP 1194 LF $0.35 $417.90 $417.90 SEED/MULCH 1 LS $1,000.00 $1,000.00 $1,000.00 16A8 SIDEWALKS 1518 LF $9.23 $14,011.14 $11,205.22 TOTAL PAVING $72,384.72 EARTHWORK, LIGHTING & BUFFERS SILT FENCE 1980 LF $0.55 $1,089.00 RIP RAP 1 LS $4,650.00 $4,650.00 PERIMETER BERM/SWALE 1 LS $14,800.00 $14,800.00 $14,800.00 STREET LIGHTS 8 EA $0.00 $0.00 IRRIGATION 1 LS $2,750.00 $2,750.00 $1,375.00 10 FT WALL 270 LF $18.25 $4,927.50 $4,927.50 8 FT WALL 326 LF $15.25 $4,971.50 $4,971.50 BUFFER/LANDSCAPE 1 LS $17,400.00 $17,400.00 $3,580.00 TOTAL EARTHWORK $50,588.00 SANITARY SEWER 8" PVC 560 LF $28.91 $16,189.60 4' MANHOLE 3 EA $1,800.00 $5,400.00 6" PVC LATERAL 364 LF $12.17 $4,429.88 6" CLEANOUT 12 EA $568.00 $6,816.00 4" FORCE MAIN 406 LF $11.85 $4,811.10 TIE IN 1 LS $800.00 $800.00 $800.00 GENERATOR 1 LS $5,500.00 $5,500.00 $5,500.00 LIFT STATION 1 LS $26,600.00 $26,600.00 $14,400.00 TV 1 EA $2,000.00 $2,000.00 TOTAL SANITARY SEWER $72,546.58 TOTAL $298,402.90 $95,062.92 SECURITY $29,840.29 $95,062.92 TOTAL BOND $124,903.21 J GARY BUTLER, STATE OF FLORIDA, PROFESSIONAL ENGINEER LICENSE NO 35479 This item has been electronically signed and sealed by Gary Butler PE 35479 USING A SHA-1 AUTHENTICATION Printed copies of this document are not considered signed and sealed and the SHA-1 AUTHENTICATION CODE CODE must be verified on any electronic copies. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO A 8 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. 1'hc 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 he received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for 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 routing lines#I 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 )46 4. BCC Office Board of County 'mss Commissioners <Acc.`\K 5. Minutes and Records Clerk of Court's Office 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 miss. g information. Name of Primary Staff Jodi Hughes Phone Number x-5744 Contact/ Department Agenda Date Item was 10/28/14 Agenda Item Number 16A8 Approved by the BCC Type of Document Plat, (3)Joinder and Consent, Declaration Number of Original 5 Attached of Covenants 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 10/28/14 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for e Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 6 A 8 MORTGAGEE'S JOINDER AND CONSENT TO THE FILING OF THE SUBDIVISION PLAT FOR CAMBRIA JOSHUA HUBSCHMAN,the owner and holder of a mortgage recorded at Official Record Book 4576,Page 1053,of the Public Records of Collier County,Florida,encumbering the following described land: See Attached Exhibit A to which Joinder and Consent is attached, hereby joins in and consents to the dedication of the plat of said lands for record, and further joins in and consents to the dedication of and does hereby dedicate to public use or private reservation, whichever the case may be, any portion thereof for roads, streets and right of way,and/or easements for utilities and drainage and purposes incidental thereto as shown on said plat. The undersigned further agrees that the undersigned's interest in the subject property is subordinate to the plat dedications. 7/' Executed this / 7 day of/4 V, f , 2018. e lzki/tt Jo. ua Hubschman;Mortgagee IN THE PRESENCE OF: il (print or type name) `l WITNESS ,3 %, ik.J\ -6_71.,L-r---- (print or type name) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this / 7 day of_________-- - , 2018, by Joshua Hubschman, who(is personally known tb me, or who produced as identification. ,, otary Public - State of F on.. [—.0%; .,auk ROBIN D.STOREY ,/--(-4-7/1 49 J/ /' C I_t, MY COMMISSION#GG 062631 l=� • EXPIRES:January12,2021 ;',,... `'' Bonded Thru Notary Punic l;nderwnter •FnF i,�,p 16A8 EXHIBIT A Commencing at the Southeast corner of Lot 15, Block A, The Glades Unit One as recorded in Plat Book 10,page 82 and 83,Public Records of Collier County,Florida; run Northerly along the East boundary of said Lot 15 a distance of 17 feet to the boundary of a recreation area as recorded in O.R. Book 600,page 839, thence along the boundary of said recreation area South 76° 15'East 480.65 feet; thence continue along boundary of said recreation area South 67°01'East 532.10 feet to the boundary of golf course parcel #5 as recorded in O.R. Book 600, page 844; thence along boundary of said Parcel#5 South 24°57'04"West 345.02 feet;thence continue along boundary of said Parcel#5 South 53°42'34" West 295.84 feet to a line parallel and 800 feet Northeasterly of the Northeasterly right of way line of Tamiami Trail;thence Northeasterly 903.95 feet along a line parallel and 800 feet Northeasterly of the Northeasterly right of way line of the Tamiami Trail to a point of the South Boundary of Lot 16 that is 180 feet west of the Southeast corner of Lot 16, Block A, The Glades Unit One; thence Northerly 90 feet to the point of beginning; less and excepting the following parcel as taken by the Board of County Commissioners of Collier County: Parcel 8: Commencing at the Southeast corner of Lot 15, Block A, The Glades Unit One as recorded in Plat Book 10,page 82 and 83, Public Records of Collier County, Florida;run North 01°59'20"West along the East boundary of said Lot 15 a distance of 17 feet; thence South 76° 15'00" East 480.65 feet; thence South 67 001'00" East 532.10 feet ; thence South 24°57'04"West 138.40 feet; thence run South 61°10'01" West for a distance of 148.17 feet; thence South 36°22' 14" West for a distance of 81.73 feet; thence continue North 53°37'46" West for a distance of 70.00 feet to the Point of Beginning of the parcel of land herein described; thence continue North 53°37'46" West for a distance of 150.00 feet; thence South 36 °22' 14" West for a distance of 150.00 feet;thence run South 53°37'46"East for a distance of 150.00 feet; thence run North 36°22'14" East for a distance of 150.00 feet to the Point of Beginning. Together with the right to ingress and egress across,to construct and maintain utility and drainage work on the Southerly 110 feet of the Westerly 200.47 feet of Lot 16, Block A,The Glades Unit One as recorded in Plat Book 10, Pages 82 and 83,public Records of Collier County, Florida. G:\CambriaVoinder&consent-Josh 8-16-18.wpd 1ÔAB 6 MORTGAGEE'S JOINDER AND CONSENT TO THE FILING OF THE SUBDIVISION PLAT FOR CAMBRIA CITYFRONT PARTNERS,LLC,an ILLINOIS LIMITED LIABILITY COMPANY,the owner and holder of a mortgage recorded at Official Record Book 5363, Page 2902; an Assignment of Leases, Rents and Profits recorded at OR 5363, PG 2917; and, a UCC filing recorded in OR 5363, PG 2923,all of the Public Records of Collier County,Florida,encumbering the following described land: See Attached Exhibit A to which Joinder and Consent is attached, hereby joins in and consents to the dedication of the plat of said lands for record, and further joins in and consents to the dedication of and does hereby dedicate to public use or private reservation,whichever the case may be, any portion thereof for roads, streets and right of way,and/or easements for utilities and drainage and purposes incidental thereto as shown on said plat. The undersigned further agrees that the undersigned's interest in the subject property is subordinate to the plat dedications. Executed this / 7=_day of ,4C4L/5/, 2018. CITYFRONT PARTNERS, LLC, an ILLINOIS LIMITED LIABILITY COMPANY By: Clark D. Jensen, Man.•er IN THE PRESENCE OF: WITNESS r'UA - rint or type name) WITNESS Ciu/v\Q-1/1-11-1c,, 4 ' (print or type name) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this t-1 day of ►A i Usk 2018, by Clark D. Jensen, as Manager of CITYFRONT PARTNERS, LLC, an ILLINOIS LIMITED LIABILITY COMPANY, who is personally known to me, or who produceddViy tis iC i 6 as identification. Notary Public -. ri a St C) of nelichtc,ri Samantha!later Notary Public,State of Michigan County of Muskegon Acting in Muskegon County My Commission Expires June 21,2024 16A8 EXHIBIT A Commencing at the Southeast corner of Lot 15, Block A, The Glades Unit One as recorded in Plat Book 10,page 82 and 83,Public Records of Collier County,Florida; run Northerly along the East boundary of said Lot 15 a distance of 17 feet to the boundary of a recreation area as recorded in O.R.Book 600,page 839,thence along the boundary of said recreation area South 76° 15'East 480.65 feet;thence continue along boundary of said recreation area South 67°01'East 532.10 feet to the boundary of golf course parcel #5 as recorded in O.R. Book 600, page 844; thence along boundary of said Parcel#5 South 24°57'04"West 345.02 feet;thence continue along boundary of said Parcel#5 South 53°42'34" West 295.84 feet to a line parallel and 800 feet Northeasterly of the Northeasterly right of way line of Tamiami Trail;thence Northeasterly 903.95 feet along a line parallel and 800 feet Northeasterly of the Northeasterly right of way line of the Tamiami Trail to a point of the South Boundary of Lot 16 that is 180 feet west of the Southeast corner of Lot 16, Block A, The Glades Unit One; thence Northerly 90 feet to the point of beginning; less and excepting the following parcel as taken by the Board of County Commissioners of Collier County: Parcel 8:Commencing at the Southeast corner of Lot 15,Block A,The Glades Unit One as recorded in Plat Book 10,page 82 and 83,Public Records of Collier County, Florida;run North 01°59'20"West along the East boundary of said Lot 15 a distance of 17 feet; thence South 76° 15'00" East 480.65 feet; thence South 67 °01'00" East 532.10 feet ; thence South 24°57'04"West 138.40 feet; thence run South 61°10'01" West for a distance of 148.17 feet; thence South 36°22' 14" West for a distance of 81.73 feet;thence continue North 53°37'46"West for a distance of 70.00 feet to the Point of Beginning of the parcel of land herein described; thence continue North 53°37'46" West for a distance of 150.00 feet;thence South 36 °22' 14" West for a distance of 150.00 feet;thence run South 53°37'46"East for a distance of 150.00 feet; thence run North 36°22'14" East for a distance of 150.00 feet to the Point of Beginning. Together with the right to ingress and egress across,to construct and maintain utility and drainage work on the Southerly 110 feet of the Westerly 200.47 feet of Lot 16, Block A,The Glades Unit One as recorded in Plat Book 10,Pages 82 and 83,public Records of Collier County,Florida. G:\Cambria'Joinder&consent-Cityfront 8-16-18.wpd iI IÔAB MORTGAGEE'S JOINDER AND CONSENT TO THE FILING OF THE SUBDIVISION PLAT FOR CAMBRIA CONNIANNE HUBSCHMAN, the owner and holder of a mortgage recorded at Official Record Book 4576, Page 1047, of the Public Records of Collier County,Florida, encumbering the following described land: See Attached Exhibit A to which Joinder and Consent is attached, hereby joins in and consents to the dedication of the plat of said lands for record,and further joins in and consents to the dedication of and does hereby dedicate to public use or private reservation, whichever the case may be, any portion thereof for roads, streets and right of way,and/or easements for utilities and drainage and purposes incidental thereto as shown on said plat. The undersigned further agrees that the undersigned's interest in the subject property is subordinate to the plat dedications. ij� , . Executed this l 7 day of /4 T 7`>I, 2018. Connianne Hubschman, Mortgagee INT PRESENCE OF: TN V' S y"vc) Prri - L;�-1, r, (print or type name)7 WITNESS rC. %,),Y' ' :ti c— (print or type name) STATE OF FLORIDA COUNTY OF COLLIFR The foregoing instrument was acknowledged before me this /7 day of / /, 2018, by Connianne Hubschman, who is personally known to me,or who produced as identification. •tary Public - State of Florida R081N D.STQREr /2 ' j? '7 �gSiON#GG 062631 d=q '"i.1,),,., .. NiiVl 202 CO 1 .. 5•• rXPIRES.January � M,r�e� �•. '�. ded'Nu Public _ 44 Notary ...., 16A8 EXHIBIT A Commencing at the Southeast corner of Lot 15, Block A, The Glades Unit One as recorded in Plat Book 10,page 82 and 83,Public Records of Collier County,Florida; run Northerly along the East boundary of said Lot 15 a distance of 17 feet to the boundary of a recreation area as recorded in O.R. Book 600,page 839,thence along the boundary of said recreation area South 76° 15'East 480.65 feet; thence continue along boundary of said recreation area South 67°01'East 532.10 feet to the boundary of golf course parcel #5 as recorded in O.R. Book 600, page 844; thence along boundary of said Parcel#5 South 24°57'04"West 345.02 feet;thence continue along boundary of said Parcel #5 South 53°42'34" West 295.84 feet to a line parallel and 800 feet Northeasterly of the Northeasterly right of way line of Tamiami Trail;thence Northeasterly 903.95 feet along a line parallel and 800 feet Northeasterly of the Northeasterly right of way line of the Tamiami Trail to a point of the South Boundary of Lot 16 that is 180 feet west of the Southeast corner of Lot 16, Block A, The Glades Unit One; thence Northerly 90 feet to the point of beginning; less and excepting the following parcel as taken by the Board of County Commissioners of Collier County: Parcel 8: Commencing at the Southeast corner of Lot 15,Block A,The Glades Unit One as recorded in Plat Book 10,page 82 and 83,Public Records of Collier County, Florida;run North 01°59'20"West along the East boundary of said Lot 15 a distance of 17 feet; thence South 76° 15'00" East 480.65 feet; thence South 67 °01'00" East 532.10 feet ; thence South 24°57'04" West 138.40 feet; thence run South 61°10'01" West for a distance of 148.17 feet; thence South 36°22' 14" West for a distance of 81.73 feet;thence continue North 53°37'46" West for a distance of 70.00 feet to the Point of Beginning of the parcel of land herein described; thence continue North 53°37'46" West for a distance of 150.00 feet; thence South 36 °22' 14" West for a distance of 150.00 feet;thence run South 53°37'46"East for a distance of 150.00 feet; thence run North 36°22'14" East for a distance of 150.00 feet to the Point of Beginning. Together with the right to ingress and egress across,to construct and maintain utility and drainage work on the Southerly 110 feet of the Westerly 200.47 feet of Lot 16, Block A,The Glades Unit One as recorded in Plat Book 10, Pages 82 and 83,public Records of Collier County, Florida. G:\Cambria\Joinder&consent-Connianne.wpd 16 A This document prepared by and after recording return to: James H.Siesky,Esq. Siesky,Pilon&Potter 2800 Davis Blvd.,Suite 205 Naples,FL 34102 DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS FOR CAMBRIA THIS DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS is made this 13th day of August,2018,by WBC Cambria Grande Villas,Inc.,a Florida corporation,hereinafter referred to as Declarant. 1. SUBMISSION STATEMENT. The real property subject to this Declaration is the land legally described in Exhibit "A". The covenants and restrictions contained in this Declaration run with the land and are binding upon, and inure to the benefit of all present and future Owners of Lots. The acquisition of any ownership interest in the real property, or the lease, occupancy, or use of any portion of a Lot, constitutes an acceptance and ratification by the Owner of all provisions of this Declaration, as it may be amended from time to time,and an agreement to be bound by its terms. 2. DEFINITIONS. Certain words and phrases, as used in this Declaration and its recorded exhibits, are intended to have the meanings stated in this Section, unless the context clearly requires another interpretation. 2.1 "Association" means Cambria of Naples Homeowners' Association, Inc., a Florida corporation not for profit. 2.2 "Board"means the Board of Directors of the Association. 2.3 "Common Areas" means any and all parts of the Properties legally described in Exhibit "A" and contained in the Plat attached as Exhibit "B" that are not included in a Lot, including any improvements thereon,if any;any real property acquired by the Association and committed to this Declaration;and any personal property acquired by the Association. 2.4 "Declarant"or"Developer"means the Developer,which is WBC Cambria Grande Villas,Inc., a Florida corporation,and its successors and/or assigns. 2.5 "Declaration" or "Declaration of Covenants" means this Declaration of Covenants, Conditions and Restrictions for Cambria,as amended from time to time. 2.6 "Family"or"Single Family"shall refer to any one of the following: (A) One natural person. (B) Two or more natural persons who commonly reside together as a single housekeeping unit,each of whom is related by blood,marriage or adoption to each of the others. (C) Two or more natural persons meeting the requirements of(B)above, except that there is among them one person who is not related to some or all of the others. 2.7 "Governing Documents"means the Declaration of Covenants,Articles of Incorporation and Bylaws, all as amended from time to time. If there is an irreconcilable conflict between Declaration of Covenants and Restrictions Cambria Page 1 of 24 16A8 provisions in any two or more of these documents, the first document to appear in the foregoing list shall prevail over all others. 2.8 "Guest"is a person who is physically present in a Lot on a temporary basis at the invitation of the Owner, or tenant, or other legally permitted occupant, without paying anything of value for the privilege. 2.9 "Lease" means the grant by an Owner to another person of a right to use the Owner's Lot as a temporary residence for valuable consideration. 2.10 "Lot" means any one of the platted, numbered parcels of land into which the Property is subdivided,upon each of which a single family residence appears or will potentially appear. "Lot" is to be interpreted as though followed immediately by the words "and the residence constructed thereon," unless the context clearly requires a different interpretation. The Lots are identified on the Plat,a copy of which is attached hereto as Exhibits"A"and hereby incorporated by reference. 2.11 "Maintenance" means the exercise of reasonable care to keep buildings, driveways, landscaping, lighting, and other related improvements and fixtures in a condition comparable to their original condition, normal wear and tear excepted. Maintenance of landscaping shall further mean the exercise of generally accepted garden management practices necessary to promote a healthy,weed free environment or optimum plant growth, and maintaining such landscaping in an orderly aesthetic manner. 2.12 "Occupy"when used in connection with a Residence,means the act of residing in the unit on two (2) or more consecutive days and the intervening night. An "Occupant" is one who occupies a unit. "Occupy"means the act of being an occupant. 2.13 "Owner"or"Member"means a record Owner of legal title to a Lot. 2.14 "Plat"means the Plat of Cambria,to be recorded in the Public Records of Collier County, Florida, a preliminary copy of which is attached hereto as Exhibit "B", which may be amended prior to approval by Collier County. 2.15 "Primary Occupant" means one natural person approved for occupancy of a Lot, when record legal title to the Lot is held in the name of more than two persons, or in trust, or by a partnership, corporation or other entity which is not a natural person,as provided in Section 11.10 below. 2.16 "Property" or "Properties" means all the real property which is subject to this Declaration, including Common Areas and Lots. 2.17 "Residence" means the residential structures constructed on the Lots, each intended for use and occupancy as a residence for a single family. 2.18 "Rules and Regulations" mean the administrative rules and regulations governing the use of the Common Areas and procedures for administering the Association, as adopted or amended by resolution of the Board of Directors. 2.19 "Service Charge" means a charge levied against one or mor Lots for any service, material or combination thereof which may be provided by the Association for the benefit of the Lot Owners, such as contracting for repairs, services or materials. Amounts paid or debt incurred by the Association on behalf of the Lot Owners accepting or receiving the repairs, services, materials or maintenance shall be passed on in the form of a service charge against the Lots so benefitted. The Owner(s)are deemed to have agreed to pay the charge by subscribing,requesting,or accepting the benefits of the materials or service. Declaration of Covenants and Restrictions Cambria Page 2 of 24 16A8 2.20 "Turnover" means the time at which Owners, other than the Declarant, assume control of the Association. 2.21 "Voting Interests"refers to the arrangement for voting by the members established in the Articles of Incorporation and the Bylaws by which the Owner of each Lot has one (l) indivisible vote, which may be cast as provided in the Bylaws when a vote of the members on Association matters is required or permitted. There are twenty (20) Lots, therefore there are twenty (20) voting interests. 3. APPURTENANCES; GENERAL PROPERTY RIGHTS;DURATION OF COVENANTS. 3.1 Appurtenances To The Lots. The Owner of each Lot has certain rights and obligations that are appurtenant to the Lot, and cannot be changed or taken away from the Owner of the Lot without his consent and that of any person holding a lien on the Lot, including without limitation the following: (A) Membership in the Association and the right to cast one (1) indivisible vote in Association affairs, which rights shall be acquired and exercised as provided herein, and in the Articles of Incorporation and the Bylaws of the Association. (B) The exclusive right to use the Lot,subject to the restrictions imposed herein. (C) The non-exclusive right to use the Common Areas for the purposes for which they are intended and reasonably suited, subject to the rules of the Association, and to all restrictions and limitations imposed in the Governing Documents, as amended from time to time. (D) Beneficial ownership of an undivided share of the assets and common surplus of the Association equal to the Owner's proportional share of liability for the assessments for common expenses levied by the Association.The ownership of an undivided share of the assets and common surplus does not entitle any Owner to a distribution. (E) Other appurtenances expressly created in the Governing Documents. 3.2 Use and Eniovment of Lots and Common Areas.An Owner is entitled to exclusive use and possession of his Lot subject to the Governing Documents and Master Governing Documents. He is entitled to non-exclusive use of the Common Areas for their intended purposes,but no use of any Lot or Common Area may unreasonably interfere with the property rights of other Owners or residents. The Owners rights under this Section are subject to: (A) The right and duty of the Association to levy assessments for common expenses against the Lots for the upkeep, maintenance, repair or betterment of the Common Areas and improvements thereon,and for the costs of operating the Association. (B) The right of the Association, by resolution of the Board of Directors, to dedicate or transfer or grant easements on, over, under, across or through any part of the Common Areas to any public agency, authority, or utility, for such purposes, and subject to such conditions, as may be determined by the Board. No such easement or the permitted uses of the easement shall materially interfere with the rights of the Owners to use the Common Areas. Declaration of Covenants and Restrictions Cambria Page 3 of 24 6 A 8 (C) Reasonable rules and regulations by the Association limiting the number, frequency and duration of uses by all persons who are not the Owner,the Owner's lawful spouse, or the child of the Owner still residing with the Owner. 3.3 Common Areas. The Common Areas shall be those areas specifically designated by Declarant as exclusively or primarily for use by Owners. Additional residential property and Common Areas may be annexed to the Property by amending Exhibit "A" and the relevant provisions of this Declaration,by the Declarant alone prior to Turnover and with the consent of at least a majority of the voting interests subsequent to Turnover. No more than ninety (90) days following Turnover, the Declarant shall convey and transfer(or cause to be conveyed or transferred)to the Association, and the Association shall accept,all of the Common Areas,if any. THE ASSOCIATION SHALL ACCEPT"WHERE IS,AS IS"THE CONVEYANCE OF SUCH COMMON AREAS WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, IN FACT OR BY LAW,WITH RESPECT THERETO, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS OR WARRANTIES OR MERCHANTABILITY OR FITNESS FOR THE ORDINARY OR ANY PARTICULAR PURPOSE, AND WITHOUT ANY REPRESENTATIO THE SIZE OR CAPACITY IN RELATIONS TO THE UTILIZATION, DATE OF COMPLETION OR THE FUTURE ECONOMIC PERFORMANCE OR OPERATIONS OF, OR THE MATERIALS OR FURNITURE WHICH HAS BEEN OR WILL BE USED IN SUCH COMMON AREAS, EXCEPT AS SET FORTH HEREIN, BY ACCEPTANCE OF AN INTEREST IN ANY COMMON AREAS OR THE DEED TO ANY LOT,THE ASSOCIATION AND ALL OWNERS RELEASE DECLARANT FROM ANY CLAIMS AND WARRANT THAT ANY CLAIM SHALL BE MADE BY THE ASSOCIATION OR ANY OWNER RELATING TO THE CONDITION, OR COMPLETENESS OF COMMON AREAS OR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING THEREFROM. ALL COSTS AND EXPENSES OF ANY CONVEYANCE OF ANY PROPERTY BY DECLARANT TO THE ASSOCIATION SHALL BE PAID FOR BY THE ASSOCIATION. 3.4 Partition, Separation of Interests. There shall be no judicial partition of the Common Areas, except as expressly provided elsewhere herein,nor shall any Owner or any other person acquiring any interest in the Association, or any part thereof, seek judicial partition thereof. Nothing herein is intended to prevent judicial partition of any Lot owned in co-tenancy. The ownership of a Lot, and ownership of the Residence constructed thereon, may not, however, be separately conveyed, nor may any person who is not an Owner or at least one Lot hold membership in the Association. 3.5 Duration of Covenants. The covenants,conditions,and restrictions of this Declaration shall run with and bind the Properties and shall inure to the benefit of and be enforceable by the Association and by any Owner, their respective legal representatives, heirs, successors and assigns in perpetuity. 4. EASEMENTS. Together with any easements appearing on the Plat, each of the following easements and easement rights is a covenant running with the land, and notwithstanding any other provision of this Declaration,may not be revoked and shall survive the exclusion of any land from the Association.Any lien encumbering these easements is automatically subordinate to the rights of the Owners with respect to such easements. Each Lot is subject to an easement in favor of all other parts of the Association for the location of utilities, for surface water drainage, for lateral and subjacent support, and for the use, maintenance, repair and replacement of party walls, and shared structural supports, roofs, pipes, wires, ducts, vents, cables, conduits,public utility lines and other similar or related facilities serving the Association. The parts of the Common Areas not used for walkways, private streets, sidewalks or driveways shall be for the common use and enjoyment of the Owners, and each Owner has a permanent and perpetual easement for the use and enjoyment of such lands as common open space, subject to recorded restrictions and rules of the Association. Declaration of Covenants and Restrictions Cambria Page 4 of 24 16A8 8 4.1 Utility And Other Easements. The Association has the power,without the joinder of any Owner, to grant, modify or move easements such as water, sewer, electric, gas, cable television, waste pickup and hauling,and/or other utility, service or access easements,and to relocated any existing easements in any portion of the Association, as the Association shall deem necessary or desirable for the proper operation and maintenance of the Association. Such easements,or the relocation of existing easements, may not prevent or unreasonably interfere with the use of the Lots. The Association may also transfer title to utility-related equipment or installations, and take any other action reasonably necessary to satisfy the requirements of any utility company service provider,or governmental agency to which any such utility-related equipment or installations are to be so transferred. 4.2 Ingress and Egress. A non-exclusive easement exists in favor of each Owner and occupant, and their respective guests, tenants, contractors, licensees and invitees for pedestrian traffic over, through, and across the sidewalks, streets,paths, walks, and other portions of the Common Areas intended and designated for such purpose and use, and for vehicular and pedestrian traffic over, through,and across any parts of the Common Areas that are or may be paved or intended for such purposes, to provide ingress from and egress to the public ways. There shall also exist easements of access to all private streets within the Properties to Collier County for the use of the county personnel and equipment on county business. 4.3 Drainage. A perpetual, non-exclusive easement exists in favor of the Association and its employees, agents, contractors or other designees for the use of drainage areas established throughout the Properties, and an easement for ingress, egress, and access to enter any portion of the Properties in order to construct, maintain or repair, as necessary, any drainage areas and improvements thereon specifically including, without limitation, access over and across portions of the Common Areas by utility companies. No structure, landscaping, or other material shall be placed or permitted to remain which may damage or interfere with the installation or maintenance of utilities or which may obstruct or retard the flow of water through drainage areas or otherwise interfere with any easement provided for in this Section or the use rights set forth elsewhere in the Governing Documents. 4.4 Encroachment. There shall exist reciprocal appurtenant easements between adjacent Lots and between each Lot and any portion or portions f the Common Areas adjacent thereto for any encroachment due to the unwillful placement, settling, or shifting of the improvements constructed, reconstructed, or altered thereon provided such construction reconstruction, or alteration was completed in accordance with this Declaration. Such easement shall exist to a distance of not more than one (1) foot as measured from any point on the relevant common boundary, along a line perpendicular to such boundary at such point. No easement for encroachment shall exist as to any encroachment occurring due to the willful conduct of an Owner. 4.5 Construction. The Developer (including its designees and contractors) shall have the right to enter the Properties and take any action reasonable necessary or convenient for the purpose of completing the construction thereof, provided such activity does not prevent or unreasonably interfere with the use or enjoyment of the Properties by the owners. 4.6 Sales and Leasing Activity.For as long as it is offering any Lot for sale in the ordinary course of business, the Developer and its designees shall have the right to use, without charge, any Lots owned by it, and the common areas in order to establish modify, maintain and utilize, as it and they deem appropriate, model Residences and a sales and other office. Without limiting the generality of the foregoing, the Developer and its designees may show model Residences or the common areas to prospective purchasers or tenants, erect on the Property signs and other Declaration of Covenants and Restrictions Cambria Page 5 of 24 1 6 A 8 promotional material to advertise Lot for sale or lease, and take all other action helpful for sales, leases and promotion of the Residence. 4.7 Termination of Certain Easements. The easements and rights described in 4.5 and 4.6 above shall terminate upon the sale of all Lots to purchasers other than a successor Developer. 5. ASSOCIATION; PURPOSES; POWERS. The administration and management of the Association shall perform its functions pursuant to the following: 5.1 Powers And Duties. The powers and duties of the Association include those set forth in this Declaration,the Articles of Incorporation and the Bylaws,and those provided in Chapter 617 and 720, Florida Statutes, as they may be amended from time to time. The Association may contract, sue, or be sued with respect to the exercise or non-exercise of its powers. The Association has the power to enter into agreements and to acquire leaseholds,memberships and ownership,possessory or use interests in lands or facilities,regardless of whether the lands or facilities are contiguous to the Association. If the Association has the authority to maintain a class action suit as plaintiff,the Association may also be joined as a defendant in an action as the representative of that class with reference to litigation and disputes involving the matters for which the Association could bring a class action. Nothing herein limits any statutory or common law right of an individual Owner or class of Owners to bring any action which may otherwise be available. 5.2 Board of Directors. Except as otherwise expressly provided by law or by the Governing Documents the Association acts through its Board of Directors and its officers, and no vote of the members shall be required. The officers and Directors of the Association have a fiduciary relationship to the members. 5.3 Articles of Incorporation. A copy of the Articles of Incorporation of the Association is attached as Exhibit"C." 5.4 Bylaws.The Bylaws of the Association are attached as Exhibit"D"to this Declaration, and may be amended from time to time. 5.5 Determination of Management. The Association may contract with a manager or management agent to assist the Association in carrying out its powers and duties by performing such functions as submission of proposals, collection of assessments, keeping of records, and enforcement of covenants and rules, with funds available by the Association for such purposes. The Association and its officers,however,retain at all times the powers, duties, and non-delegable responsibilities imposed by Chapter 720, Florida Statutes, as amended from time to time, and by the Governing Documents. 5.6 Members. Every person or entity who is a record Owner of a fee simple interest in any Lot shall be a member of the Association,as further provided in the Bylaws.Membership is appurtenant to, runs with, and cannot be separated from, the real property ownership interest upon which it is based. The burden of notifying the Association of a change of membership shall be borne by the new member;and the Association shall not be required to recognize a change of membership until the new member furnishes satisfactory proof of ownership. 5.7 Termination of Membership. Termination of membership in the Association does not relieve or release any former member from liability or obligation incurred under or in any way connected with the Association during the period of his membership, nor does it impair any rights or remedies which the Association may have against any former Owner or member arising out of or in any way connected with such ownership and membership and the covenants and obligations incident thereto. Declaration of Covenants and Restrictions Cambria Page 6 of 24 I 6 A 8 5.8 Association as Owner of Lots. The Association has the power to purchase Lots and to acquire and hold, lease, mortgage and convey them. The Association has the right to purchase a Lot at a foreclosure sale resulting from the Association's foreclosure of its lien for unpaid assessments or charges(including fines), or to take title by deed in lieu of foreclosure. However,the acquisition of any Lots not resulting from the Association's foreclosure action,must have the prior approval of a majority of the voting interests of the Association. 5.9 Turnover of Association by Declarant. The Declarant shall determine, in its sole and absolute discretion, the time of Turnover, provided, however, that if Turnover has not sooner occurred, it shall occur no later than three (3) months after ninety percent (90%) of the Lots that will ultimately be operated by the Association have been conveyed to non-Declarant members. 6. ASSESSMENT FOR COMMON EXPENSES.The Association has authority to levy assessments against the Lots to pay common expenses. Common expenses include the expenses of the operation,maintenance, repair, replacement or protection of the Common Areas and all improvements thereon, the costs of providing insurance for the benefit of the Association, its Directors and officers, and its members, the expenses of carrying out the powers and duties of the Association,and any other expense whether included in the foregoing or not, that is expressly designated as a common expense in this Declaration or the Bylaws. 6.1 Covenants. Except as provided in Section 6.2 below, each Owner of a Lot and each subsequent Owner of any Lot (including a purchaser at a judicial sale), by acceptance of a deed or other instrument of conveyance, whether it is so expressed in the deed or instrument of conveyance or not,is deemed to covenant and agree to pay to the Association: (A) The Lot's pro rata share of quarterly assessments based on an annual budget of common expenses adopted by the Board of Directors; (B) The Lot's pro rata share of special assessments levied for capital improvements or other expenses that cannot be paid from the regular assessments; (C) Service Charges and other user fees,or charges imposed against,or payable by, less than all of the Lots, as authorized elsewhere in this Declaration, in the Bylaws of the Association,or the Rules and Regulations of the Association. Assessments are established and collected as provided herein and in the Bylaws,and are due and payable the first day of each calendar quarter. The obligation to pay the assessments and other charges described above, together with late payment fees, interest, costs, and reasonable attorney's fees incurred in the collection process, shall bind each Lot in the hands of its Owner, and his heirs, devisees, personal representatives, successors and assigns. Except as otherwise provided, whether title to a Lot is transferred for any reason, the new Owner is jointly and severally liable with the previous Owner for all assessments and other charges that are unpaid at the time of the transfer, regardless of when the obligation was incurred, without prejudice to any right the new Owner may have to recover from the previous Owner an such amounts the new Owner is required to make. No Owner may avoid personal liability for assessments and charges, or release any Lot from the liens and charges hereof,by waiving use rights or abandoning the Lot. 6.2 Except as provide in Section 6.3 below,the Owner of each Lot shall be liable for an equal share of annual and special assessments, such share being a fraction of the whole,the numerator of which is the number "one" and the denominator of which is the total number of Lots. There are twenty (20)Lots,therefore each Lot and the Owner thereof is liable for one twentieth(1/20)of the annual and special assessments. Declaration of Covenants and Restrictions Cambria Page 7 of 24 6 A 6.3 Declarant's Obligation for Assessments. Except as provided below, assessments do not begin to accrue on a Lot until the Lot has been transferred from the Declarant to a non-developer Owner.In exchange for being excused from paying assessments on the Lots that it owns, the Declarant agrees to pay any operating expenses incurred that exceed the assessments receivable from other members and other income of the association. The Declarant shall be excused from the payment of assessments pursuant to this agreement as set forth above until the Declarant chooses to terminate the agreement by providing written notification to the Association of its intent to do so or at Turnover, whichever is sooner. At such time, the Declarant shall be obligated to pay assessments on the Lots,it owns the same as any other Owner. 6.4 Establishment of Liens to Secure Payment. All assessments, charges and other sums due the Association in accordance, with the foregoing together with any late payment fees, interest at the highest rate allowed by law, and costs of collection (including, but not limited to costs and reasonable attorney's fees) create a continuing lien upon the Lot against which each such assessment or charge is made,and they are also the personal obligation of the Owner of each Lot at the time they came due. This lien relates back to the date this Declaration was originally recorded, and is superior to any Homestead rights the Owner may have. The lien is activated by recording a Claim of Lien in the public records of the County setting forth the amounts then past due and the due dates, as of the date the Claim of Lien was recorded.The recorded Claim of Lien secures payment of all unpaid assessments and charges due at the time of recording(including late payment fees, interest,costs and attorney's fees as provided above),as well as all assessments and charges that subsequently come due,until the lien is satisfied or a final judgment of foreclosure is obtained.Upon full payment of all sums secured by a Claim of Lien,the party making payment is entitled to a satisfaction in recordable form. 6.5 Priority of Liens. Except as otherwise provided by law, the Association's lien for unpaid assessments and other charges is subordinate and inferior to that of any recorded First Mortgage, unless the Association's Claim of Lien was recorded before the mortgage.The Association's lien is superior to,and takes priority over,any other mortgage regardless of when recorded,as well as all other recorded liens except federal tax liens and liens for unpaid property taxes.A lease of a Lot is subordinate and inferior to any Claim of Lien of the Association,regardless of when the lease was executed.A mortgagee in possession,a receiver,a purchaser at a foreclosure sale, or a mortgagee that has acquired title by deed in lieu of foreclosure and all persons claiming by,through or under any of them, shall hold title subject to the liability and lien of any assessment or other charge coming due after taking title.Any unpaid assessment or other charge which cannot be collected by reason of this Section shall be treated as a common expense, collectable from all Lots, including the Lot as to which the foreclosure(or deed in lieu of foreclosure)occurred. 6.6 Collection of Assessments. If any Owner fails to pay any assessments, other charge, or installment thereof,within ten(10)days after the due date,the Association shall have any or all of the following remedies, to the fullest extent permitted by law, which remedies are cumulative, so they are not in lieu of,but are in addition to,all other remedies available. (A) To charge interest at the highest rate allowed by law on the amount of the assessment or other charge,from the due date until paid. (B) To impose a late payment fee in an amount set by the Board which shall be no less than five percent(5%)of the delinquent amount, but shall not exceed the amount allowed by law. (C) To file an action in equity to foreclose the lien. Unless another procedure is required by law, the lien may be foreclosed by an action brought by the Association in the same manner as provided in Section 720.3085,Florida Statutes,as amended from time to time, for the foreclosure of unpaid assessments. If the Lot is rented during the pendency of the Declaration of Covenants and Restrictions Cambria Page 8 of 24 16 /i 8 foreclosure action, the Association is entitled io the appointment of a receiver to collect the rent. (D) To bring an action at law for a money judgment against the Owner without waiving any foreclosure rights of the Association. (E) To the extent lawful,to suspend the right to use the recreational facilities and the voting rights of the Owner in Association matters until the Owner's account is current. (F) To accelerate the due date for the entire remaining unpaid amount of the annual assessment against the Owner's Lot for the remainder of the fiscal year,notwithstanding any provision of the Governing Documents calling for installment payments of annual assessments. 6.7 Estoppel Certificate. The Association shall, within fifteen (15) business days after receiving a written request for an estoppel statement to furnish to any Owner, purchaser or mortgage lender a certificate in writing signed by an officer of the Association, setting forth whether all assessments and charges against the Owner's Lot have been paid, and itemizing any that have not been paid. Any person, except the Owner, who relies on the certificate shall be protected thereby. The Association or its designated agent may charge a reasonable fee for that service. 7. ARCHITECTURAL AND AESTHETIC CONTROL. No building, structure, pool or other improvement shall be erected or altered on any Lot,nor shall any grading,excavation, landscaping,change of exterior color,or other work which in any way materially alters the exterior appearance of any structure, Residence, Lot or Common Area be performed by anyone, except at the direction of the Declarant,without the prior written approval of the Board of Directors of the Association. In obtaining said written approval, Owner, or any other person applying, shall comply with all applicable requirements and procedures of the Governing Documents. Refusal of approval for plans and specifications shall be in the sole discretion of the Board and may be based on any reason including purely aesthetic reasons. 7.1 Powers and Duties. The architectural and aesthetic review and control functions of the Association shall be administered and performed by the Board of Directors. The Board shall have the power and duty to: (A) Propose the adoption, modification or amendment of written Architectural/Aesthetic Criteria,which shall set forth such things as building material types,colors and contractor specifications which the Board finds acceptable. After Turnover, notice of any adoption, modification or amendment to the Architectural/Aesthetic Criteria, including a verbatim copy of such adoption modification or amendment,shall be mailed to each member of the Association at least fourteen (14) days prior to the meeting at which such adoption, modification or amendment is acted upon; (B) Require submission to the Board of three(3)complete sets of all plans and specifications for any building, structure, or other improvement proposed to be erected or altered, or any proposed grading, excavation, tree or other landscape material removal or installation,change of exterior color or other work way alters the exterior appearance of any structure,Residence,Lot or Common Area. The Board may also require submission of samples of building materials or colors proposed for use on any Lot, and may require such additional information as may reasonably be necessary for the Board to fully evaluate the proposed work; (C) Approve or disapprove the erection or alteration of any building, structure or other improvement, or any grading, or excavation that alters the exterior appearance of any structure,Residence,Lot or Common Area; Declaration of Covenants and Restrictions Cambria Page 9 of 24 6 (D) Adopt a schedule of fees for processing requests for Board review of proposed changes. Such fees, if any, shall be payable to the Association, in cash or check, at the time the request is submitted to the Board, and shall not exceed the estimated actual cost of such review; (E) Adopt a procedure for inspecting approved changes during and after construction to insure conformity with approved plans; (F) Set a time limit during which the approved changes must be completed; (G) Enact regulations regarding the appearance of Lots and adjacent common areas during the construction or renovation period, which regulations may include but are not limited to the placement of dumpsters and building materials. 7.2 Delegation of Powers to a Committee. The Board may delegate its architectural and aesthetic review and control functions as set forth above to a committee. If it chooses to do so, then that committee must hold its meeting with the same formalities as that of a Board meeting. An owner aggrieved by the decision of the committee may appeal to the Board for reconsideration. Any decision made by the Board shall be final. 8. MAINTENANCE;IMPROVEMENTS 8.1 Maintenance of Common Areas. The Association shall at all times maintain in good repair, and shall replace as often as necessary, any and all improvements constructed on the Common Areas, including,but not limited to all landscaping(except as provided in 8.2 below), sprinkler pipes and systems,paving drainage structures, walkways, recreation facilities, private streets, street lighting fixtures and appurtenances, entrance features and other structures, except public utilities, all such work to be done as ordered by the Board of Directors or its designee. The Association, its successors and assigns,shall have a perpetual,non-exclusive easement for ingress and egress over, upon and across all portions of the Properties and to excavate thereon in connection with the maintenance of sprinkler pipes and systems to the extent necessary for the performance of the work to be performed pursuant to this Section;provided,however,that the party causing any such excavations restores disturbed areas as nearly as practicable to the condition thereof immediately prior to such excavations. 8.2 Maintenance of Residences and Lots. The owner of each Residence shall maintain, repair and replace at his own expense,all portions of his Lot and Residence,except that the Association shall be responsible for maintenance and repair of the following: (A) Landscaping and irrigation except that the owner shall be responsible for the maintenance, repair and replacement of any planting installed without prior approval by the Association. (B) Common Street Lighting. (C) Mailboxes. 8.3 Alteration of Lots or Residences by Lot Owners. No owner shall make changes to the landscaping on his Lot, make or permit the making of any material alterations or substantial additions to his Lot or Residence, or in any manner materially change the exterior appearance of any portion of the Property,without first obtaining the written approval of the Board of Directors. The Board of Directors may revoke or rescind the approval of an alteration or modification previously given, if it appears that the installation has had unanticipated material adverse effects on the Property or other Residences. If a Lot owner makes any modifications, installations or Declaration of Covenants and Restrictions Cambria Page 10 of 24 16A8 additions to the landscaping, his Residence or the common areas, the Lot owner, and his successors in title, shall be financially responsible for the following which shall be a Service Charge against the Lot as set forth in Section 6.1 above: (A) The costs to insure, maintain, repair and replace the modifications, installations or additions; (B) The costs of repairing any damage to the common areas or other Lots or Residences resulting from the existence of such modifications, installations or additions;and (C) The costs of removing and replacing or reinstalling such modifications if their removal by the Association becomes necessary in order to maintain, repair, replace or protect other parts of the Residence for which the Association is responsible. 8.4 Enforcement of Maintenance. If an Owner fails to maintain the Lot as required herein or the Residence or Lot is not cared for and/or maintained in a manner acceptable to the Board of Directors and in general conformity with the standards of the community, the Association shall have the right to institute legal proceedings to enforce compliance, or may take any and all other steps necessary to remedy such violation, including but not limited to entering the Lot, with or without consent of the Owner. The Association may repair, replace or maintain any item which constitutes a hazard to other property or residents, or which has a materially adverse affect on the appearance of the Property. Such action shall not be taken without advance written notice to the Owner.Any expenses so incurred by the Association shall be assessed as a Special Charge against the Owner, together with reasonable attorney's fees and other expenses of enforcement. Such assessments shall become a lien on the Lot which may be foreclosed or otherwise collected pursuant to this Declaration,the Association Bylaws and Florida Law. 8.5 Negligence; Damage Caused by Condition in Residence or Lot. The Owner of each Lot shall be liable for the expenses of any maintenance, repair or replacement made necessary by his negligence or by that of any member of his family or his guests,employees,agents or lessees; but, unless the negligence is of such a character as to evidence gross recklessness or willful or wanton disregard for life or property,the Owner shall be liable only to the extent that such expense is not met by the proceeds of insurance. If an condition, defect or malfunction existing within a Lot, whether caused by the Owner's negligence or otherwise,shall cause damage to the Common Areas or to other Lots,the Owner of the offending Lot shall be liable to the person or entity responsible for repairing the damaged areas for all costs of repair or replacement not met by insurance. If one or more of the damaged Lots is not occupied at the time the damage is discovered,the Association may enter without prior notice to the Owner and take reasonable actions to prevent the spread of damage. Any expenses so incurred by the Association shall be assessed against the Owner, together with reasonable attorney's fees and other expenses of enforcement. 8.6 Alterations and Additions to Common Areas and Association Property. The protection, maintenance,repair, insurance and replacement of the common areas and Association property is the responsibility of the Association and the cost is a common expense. Beyond this function, subsequent to Turnover,neither the Association nor any owner shall make any material alterations of; or substantial additions to, the common areas or the real property owned by the Association costing more than fifteen percent (15%) of the annual budget including reserves, without prior approval of at least two-thirds of the Lot owners who are present, in person or by proxy, and voting at any meeting called for conducting such a vote. If work reasonably necessary to protect, maintain, repair, replace or insure the common areas or Association property also constitutes a material alteration or substantial addition to the common areas, no prior Lot owner approval is required. Nothing in this Section 8.6 shall be construed to limit the Declarant's right to make improvements,additions or alterations to the Properties. Declaration of Covenants and Restrictions Cambria Page 11 of 24 16A8 8.7 Capital Improvements. Funds necessary for substantial capital improvements to the Common Areas in excess of fifteen percent (15%) of the total annual budget may be levied as special assessments by the Association only upon approval by at least a majority of the voting interests in the property to be improved. Special assessments less than that amount may be levied by a majority of the Board alone. The Declarant shall not be required to pay any special assessments for capital improvements for any Lots that it owns. 8.8 Limitation of Association's Liability.Notwithstanding its duty to maintain and repair portions of Lots and Common Areas, the Association shall not be liable to individual owners for personal injury or property damage caused by any condition of the property to be maintained and repaired by the Association, or caused by the elements or Lot owners or other persons. The Association shall not be liable to any owner for repairing or replacing decorative surfaces,personal property or fixtures within the Lot. 9. INSURANCE OF RESIDENCES; RECONSTRUCTION AFTER CASUALTY. In order to protect values and maintain the Property's appearance by minimizing the existence of partially or completely demolished Residences for unreasonably long periods of time,and in order to protect all other Owners from the adverse effects of the negligence or imprudence of a few,the following provisions shall apply: 9.1 Duty to Insure and to Reconstruct. Each Owner shall at all times maintain property insurance on his Residence and all other insurable improvements on his Lot in an amount equal to the replacement cost thereof taking into account local construction costs and property values as they may from time to time exist. If the Residence or other improvements located on any Lot are destroyed or damaged as a result of fire, windstorm, flood, tornado, hurricane or other casualty, the Owner shall cause repair or replacement to be commenced within six (6)months after the date that such damage or destruction occurred and shall complete the repair or replacement within nine (9) months thereafter. All such repairs or replacements must restore the improvements to substantially their original character,design and appearance and shall utilize and conform with the original foundation and appearance of the original improvements. 9.2 Failure To Insure. The Association has the right to require each Owner to produce proof of insurance and to name the Association as a co-insured. If an Owner fails or refuses to maintain such insurance coverage deemed necessary by the Association, or if the Owner allows the required insurance coverage to lapse, or for some other reason causes the same to become ineffective, the Association may, but is not obligated to, purchase whatever coverage it deems reasonably necessary for the Association's benefit. The costs incurred by the Association in procuring insurance shall become due and payable by the Owner in all respects, together with interest, reasonable attorney's fees and costs of collection, immediately upon the Association notifying the Owner, in writing,that it has procured such insurance, and the costs thereof. Should the owner fail to carry the required insurance,the owner shall be liable for all damages that would have been covered by the policy had it been in place at the time of a loss, including any item for which the Association has maintenance responsibilities as provided in this Declaration. 9.3 Failure To Reconstruct. If the Owner of any Lot fails to commence or complete construction to repair or replace any damaged or destroyed improvements within the time periods provided for in Section 9.1 above, the Association shall give written notice to the Owner of his default. If the Owner has not notified the Association of satisfactory arrangements to meet his obligations within thirty(30)days after the Association mailed such notice,the Association shall be deemed to have been granted the right by the Owner, as such Owner's attorney-in-fact, to remove all debris and damaged improvements, or to commence and/or complete the repairs sufficient to substantially restore the improvements to their original condition, according to the plans and specifications of the original improvements. If the Association exercises the rights afforded to it by this Section, which shall be at the sole discretion of the Board of Directors, the Owner of the Lot shall be deemed to have assigned to the Association any right he may have to insurance proceeds that may be available because of the damage or destruction of the improvements. The Association shall have the right to recover from the Owner any costs not paid by insurance,and shall have a lien on the Lot and Residence to secure payment. Declaration of Covenants and Restrictions Cambria Page 12 of 24 1 A 9.4 Association's Right of Entry.For the purpose of performing the duties imposed by this Section 9, the Association, through its duly authorized agents and employees, has the right, after written notice to the Owner,to enter upon the Lot at reasonable hours and perform such duties. 9.5 Deductible. The party responsible for procuring insurance must pay the deductible in the event of a loss involving a loss that would be covered under that policy, regardless of who may be responsible to maintain,repair of replace that item as provided in this Declaration. 10. ASSOCIATION INSURANCE. 10.1 Duty and Authority to Obtain. The Board of Directors shall obtain and keep in force at all times the insurance coverage which it is required to carry and may obtain and keep in force any or all of such other or additional insurance coverage as it may deem necessary. The premiums shall be a common expense. The name of the insured shall be the Association as agent for the Owners without naming them,and their mortgagees. 10.2 Required Coverage. The Association shall maintain adequate liability insurance and casualty insurance covering buildings and other insurable improvements (if any) within the Common Areas,with coverage in amounts as determined annually by the Board of Directors;such insurance to afford the following protection: (A) Property. Loss or damage by fire,extended coverage(including windstorm), vandalism, and malicious mischief and other hazards covered by what is commonly referred to as an "all risk"property contract. (B) Liability.Premises and operations liability for bodily injury and property damage in such limits of protection and with such coverage as shall be required by the Board of Directors,with cross liability endorsement to cover liabilities of the Owners as a group to any single Owner. 10.3 Optional Coverage. The Association may purchase and carry such other insurance coverage as the Board of Directors may determine from time to time to be in the best interest of the Association and Owners. Some common examples are: Flood insurance, Broad Form Comprehensive General Liability Endorsement, Directors and Officers Liability, Fidelity Bonding,and Medical Payments. 10.4 Descriptions of Coverage.All Association insurance policies shall be available for inspection by Owners upon request. 10.5 Waiver of Subrogation. If available and where applicable,the Board of Directors shall endeavor to obtain insurance policies which provide that the insurer waives its right to subrogate as to any claim against Owners, the Association, or their respective servants, agents or guests, except for any claim based primarily upon gross negligence evidencing reckless,willful or wanton disregard for life or property. 10.6 Insurance Proceeds. All insurance policies purchased by the Association shall be for the benefit of the Association,and all proceeds shall be payable to the Association. 10.7 Distribution of Proceeds. Proceeds of insurance policies received by the Association shall be used to defray the cost of repair or reconstruction. Any proceeds remaining after defraying costs shall become part of the Association's common surplus. 10.8 Association as Agent. The Association is hereby irrevocably appointed as the agent for each Owner, to adjust all claims arising under insurance policies purchased by the Association for damage or loss to the Residences. Declaration of Covenants and Restrictions Cambria Page 13 of 24 16A 8 11. GENERAL COVENANTS AND USE RESTRICTIONS. 11.1 Use Restrictions.The Lots in the Association shall be used for single family residences and for no other purposes. No business buildings may be erected on a Lot and no Lot and no business may be conducted on any part thereof nor shall any building or portion thereof be used or maintained as a professional office. No person may publicly advertise the address of a Lot as the address of any business. The use of a Residence as a public lodging establishment shall be deemed a business or This Section is, however, intended to prohibit commercial or business activity by an Owner or occupant of a Residence which would noticeably change the residential ambiance of the Property or make it obvious that a business is being conducted such as by regular or frequent traffic in and out of the Property by persons making deliveries, pick-ups, employees or other business associates,or customers and clients. 11.2 Nuisance.No obnoxious or offensive activity shall be carried on upon any Common Area, Lot or in any Residence, nor shall anything be done that is or may become a reasonable source of annoyance or nuisance to other residents. The Board of Directors shall have the right and the power in the exercise of its reasonable discretion to determine what activities or uses constitute nuisances or obnoxious or offensive activity. 11.3 Signs. In order to maintain an attractive appearance, no sign, advertisement, notice or other lettering shall be exhibited, displayed, inscribed,painted,or affixed in, on or upon any part of the Properties,by an Owner or occupant other than the Declarant unless prior approval of the sign and its placement is obtained from the Association. This restriction includes, without limitation, signs of Realtors,politicians,contractors or subcontractors.Notwithstanding the foregoing,the owner of a Lot may display a sign of reasonable size provided by a contractor for security services within ten feet(10')of any entrance to the home. 11.4 Pets. The Owner of each Lot may keep up to two (2) commonly accepted and domesticated household pets(such as cats, dogs,tropical fish tank or caged birds)in the Residence,except that owner shall not be allowed to keep any number of the following dog breeds or mix thereof: Pitbull, German Shepard or Rottweiler. The pet must be carried under the Owner's arm or leashed at all times while outside of the Residence.The ability to keep such a pet is a privilege,not a right, and the Board of Directors is empowered to order and enforce the removal of any pet which becomes a source of unreasonable annoyance to other residents of the Properties. Owners are responsible for the conduct of and the clean-up after their pet(s). No poultry or livestock may be kept on the Properties. Pets shall not be left unattended in a garage or outside the interior portions of a Residence. The Board of Directors may adopt further regulations regarding keeping or housing of pet(s)upon the Properties. 11.5 Appearance. Each Owner shall keep his Lot free and clear of weeds, underbrush, unsightly growths, trash and debris and shall reasonably maintain his Residence. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be kept in sanitary containers. Sanitary containers shall not be placed outside the Residence, except for a reasonable period of time for refuse pickup to be accomplished. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. No garbage incinerators shall be permitted. 11.6 Television, Radio Equipment, Flagpoles and Other Outdoor Antennas. No outside antennae, satellite receiving dishes, antenna poles, antenna masts, electronic devices, antenna towers or citizen band(CB), or amateur band(ham)antennae shall be permitted, except as approved by the Board of Directors, or except as otherwise permitted by law as to satellite antennae one meter (39.37 inches)or less in diameter, antennae or aerials to receive over-the-air television broadcast, or antennae designated to receive multichannel, multipoint distribution service, which may be installed at a location approved in writing by the Board of Directors. A flagpole,for display of the Declaration of Covenants and Restrictions Cambria Page 14 of 24 16k 8 American Flag only,may be permitted if its size,design and location are first approved in writing by the Board of Directors. An approved flagpole shall not be used to mount an antenna. It is the intent of this provision to protect residents from unreasonable interference with television reception,electronic devices,and the operation of home appliances,which is sometimes caused by the operation of ham radios, CB base stations or other high-powered broadcasting equipment. Owners shall be res p s the for any damage or liability resulting from the installation of any device or improvement on their Lot. Any homeowner 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 1/2 feet by 6 feet,which represents the United States Army,Navy,Air Force,Marine Corps,or Coast Guard. 11.7 Temporary Structures.No structure of a temporary character shall be constructed or used on any Lot. However, the temporary erection of a tent for special occasions may be allowed, but only after approval by the Board of Directors. No outdoor clothes washing, drying, hanging or storage shall be allowed where visible from the Common Areas or another Residence. This provision shall not be construed to limit the installation of a play set or basketball hoop that has been approved by the Board pursuant to Section 7 above. 11.8 Leasing. In order to foster a stable residential community and prevent a motel-like atmosphere, the use and leasing of residential units by their owners shall be restricted as provided in this section. All leases of units must be in writing. A unit owner may lease only his entire unit, and then only in accordance with this Section. (A) Notice of Lease. An owner intending to lease his residential unit shall give to the Association written notice of such intention at least twenty(20)days prior to the first day of occupancy under the lease together with the name and address of the proposed lessee, a fully executed copy of the proposed lease, any preset lease fee, and such other information as the Board may reasonably require. (B) Approval of Lease Renewals. The Association shall have the right to approve all lease extensions or renewals. An owner intending to lease extend or renew a lease of his residential unit shall give to the Association written notice of such intention at least twenty(30)days,but no more than sixty(60)days prior to the first day of the extended or renewed period under the lease together with such information as the Board may reasonably require. After the required notice and all information requested have been provided, the Board shall have twenty(20) days in which to approve or disapprove the proposed lease extension or renewal. If the Board neither approves nor disapproves within that time, its failure to act shall be deemed the equivalent of approval, and on demand the Board shall issue a written letter of approval to the lessee.Any lease entered into without approval may, at the option of the Board, be treated as a nullity, and the Board shall have the power to evict the lessee with five(5)days notice,without securing consent to such eviction from the owner. (C) Term of Lease and Frequency of Leasing. No lease may be for a period of less than thirty(30)days or more than one(1)year and no option for the lessee to extend or renew the lease for any additional period shall be permitted unless the extension or renewal has, been approved by the Board.No subleasing or assignment of lease rights by the lessee is allowed. (D) Other Procedures. Forms for lease notification and applications for authority to extend or renew a lease shall be given to the Board of Directors on such forms and include such fees and terms as the Board may provide from time to time. The Board may in its discretion further regulate leasing procedures so long as the further regulations do not conflict with this Declaration. Declaration of Covenants and Restrictions Cambria Page 15 of 24 1 6 A 8 (E) Amendment of this Section. Any amendment to this Section 11.8 shall only apply to owners who vote in favor of or consent to the amendment and owners who take title to Lots after the effective date of the amendment. Leasing restrictions on Lots may not be imposed by an amendment or addition of any other provision of the governing documents. 11.9 No Time-Shares.No residential unit or portion thereof shall be conveyed or used as a Time-Share Property or as part of a Time-Share Plan as those terms are defined under Chapter 721, Florida Statutes. 11.10 Designation of Primary Occupant. Other than the Declarant, each Owner of a Lot which is owned by more than two (2) people, by a Trustee in a trust, or by a corporation, partnership, limited liability company or other entity that is not a natural person, shall designate a primary occupant in writing to the Association.If any Lot Owner fails to do so,the Board of Directors may make the initial designation for the Owner, and shall notify the Owner in writing of its action. If the ownership of a Lot is such that the designation of a primary occupant is not required,the Lot Owner may, nevertheless, choose to designate one, subject to Board approval. The Association shall then look to the primary occupant for the purpose of determining use and voting rights for that Lot. Any change in the primary occupant shall be treated as a transfer of ownership by sale or gift, subject to all the provision of Section 12.No more,than one such change will be approved in any twelve-month period. 11.11 Miscellaneous Activity and Use Restrictions.The following activity and use restrictions apply to all Owners,Lots and Common Areas. (A) The discharge of firearms is prohibited. (B) All personal property, including without limitation vehicles, bicycles, mopeds, motorcycles and play equipment shall be stored within a Residence or a garage except when in use, and may not be left on driveways or common Areas overnight. No unenclosed exterior storage area shall be permitted. (C) Each Owner and Member shall be required to adhere to the storm precautions promulgated by the Association,if any. (D) Nothing shall be done or kept on any Lot or on the Common Area that would increase the rate of insurance incurred by the Association without the prior written consent of the Association, and no Owner shall permit anything to be done or kept on the Owner's Lot or the common area that would result in the cancellation of insurance on any residence or any part of the Common Area, or which would be a violation of any, law, ordinance or code applicable to the property. 11.12 Declarant's Activities. It is the Declarant's intent to develop all of the Lots within the Property. The completion of that work and the sale, rental, or other disposal of residential Lots is essential to the establishment and welfare of the Property as an ongoing residential community. In order that such work may be completed and the Property be established as a fully occupied residential community as soon as possible, nothing in this Declaration shall be understood or construed to prevent, restrict, prohibit or in any way inhibit the Declarant or the employees, contractors,or subcontractors of the Declarant's efforts: (A) To promote, market and sell the Property, or any portion thereof; in particular and without limitation, Declarant shall be entitled to operate sales trailers and model homes, sponsor promotional events, erect signs and make such other use of the Property as Declarant deems appropriate to promote the use or sale of the Property; Declaration of Covenants and Restrictions Cambria Page 16 of 24 16 .E (B) To do work on any part or parts of the Property owned or controlled by Declarant, or doing whatever Declarant determines may be reasonable necessary or advisable in connection with the completion of such work; (C) To construct and maintain on any part or parts of the subdivision property owned or controlled by Declarant, such structures as may be reasonably necessary for the completion of such work and for the establishment of the Property as a residential community; (D) To conduct on any part or parts of the Property owned or controlled by Declarant or Declarant's representatives, the business of completing such work, of establishing the Property as a residential community,and of disposing of Lots by sale, lease,or otherwise. This provision may not be modified nor deleted without the express written consent of Declarant, which consent may be withheld for any reason. 12. TRANSFER OF OWNERSHIP OF LIVING UNITS. In order to maintain a community of congenial, financially responsible residents with the objective of inhibiting transiency,protection the value of the units and facilitating the development of a stable, quiet community and peace of mind for all residents, the transfer of ownership of a living unit by an owner shall be subject to the following restrictions,which each owner covenants to observe: 12.1 Forms of Ownership. (A) A living unit may be owned by one natural person who has qualified and been approved as elsewhere provided herein. (B) Co-Ownership. Co-Ownership of living units may be permitted. If the proposed co- owners are other than husband and wife, the Board shall condition its approval upon designation of one of the approved co-owners as "primary occupant," and the use of the unit by other persons shall be as if the primary occupant were the only actual owner. (C) Ownership by Corporation or Trusts. A living unit may be owned in trust, or by a corporation, partnership or other entity which is not a natural person, if approved in the manner provided for other transfers or title. However, the intent of this provision is to allow flexibility in estate, financial or tax planning, and not to create circumstances in which the living unit may be used as short term transient accommodations for several individuals or families. The approval of a trustee or corporation or other entity as an owner shall be conditioned upon the designation of one natural person to be the "primary occupant," and the use of the living unit by other persons shall be as if the primary occupant is the only actual owner. (D) Life Estate.A living unit may be subject to a life estate,either by operation of law or by approved voluntary conveyance. In that event, the life tenant shall be the only member from such living unit, and occupancy of the living unit shall be as if the life tenant were the only owner. Upon termination of the life estate, the holders of the remainder interest shall have no occupancy right unless separately approved by the Association. The life tenant and holders of the remainder interest shall be jointly and severally liable for all assessments and charges against the lot. The life tenant may, by signed agreement, transfer the right to vote in all Association matters to any one remainderman, subject to approval by the Association of such arrangement. Except in the case where such a transfer has been made, if the consent or approval of the owner is required for any purpose, that consent or approval of the holders of the remainder interest shall not be required. 12.2 Transfers. Declaration of Covenants and Restrictions Cambria Page 17 of 24 6 A 8 (A) Sale or Gift.No owner shall dispose of a lot or living unit or any interest therein by sale or gift without the prior approval of the Board of Directors of the Association. (B) Devise or Inheritance. If any unit owner acquires his title by devise or inheritance, his right to occupy or use the living unit shall be subject to the approval of the Association. The approval of the Association shall not be denied to any devisee or heir who was the decedent's lawful spouse or related to the owner by blood or adoption within the first degree. (C) Other Transfers. If any person acquires title in any manner not considered in the foregoing subsections, his right to occupy the unit shall be subject to the approval of the Association under the procedure outlined in 12.3 below. 12.3 Procedures. (A) Notice to Association. 1. Sale or Gift.An owner intending to make a gift of his Lot and living unit or any interest therein shall give to the appropriate Board of Directors or its designee written notice of such intention at least twenty(20)days prior to the date of the proposed transfer,together with the name and address of the proposed purchaser or donee and such other information as the Board may reasonably require. 2. Devise, Inheritance or Other Transfers. The transferee must notify the appropriate Association of his ownership and submit to that Association a certified copy of the instrument evidencing his ownership and such other information as the Board may reasonably require. The transferee shall have no occupancy right unless approved by the Board, but may sell or lease the living unit following the procedures provided in this Declaration. 3. Failure to Give Notice. If no notice is given, the appropriate Association at its election may approve or disapprove the transfer without prior notice. (B) Within twenty(20)days after receipt of the required notice and all information requested, whichever occurs last, but in no event later than sixty (60) days after the giving of the notice specified in 12.3 above, the Board shall approve or disapprove the transfer. If a transfer is approved,the approval shall be stated in a Certificate of Approval executed by the President or Vice-President of the Association in recordable form and delivered to the transferee. If the Board neither approves or disapproves within the time stated above, such failure to act shall be deemed the equivalent of approval, and on demand the Board shall issue a Certificate of Approval to the transferee. (C) Disapproval. 1. The Board may disapprove a proposed transfer only if a majority of the whole Board so votes, after receiving a written opinion of counsel that such disapproval is for good cause.Only the following shall be deemed to constitute a good cause: (A) The person seeking approval has been convicted of a felony involving violence to persons or property, or a felony demonstrating dishonesty or moral turpitude,or a crime resulting in that person being on a sexual offender,sexual predator or similar list; Declaration of Covenants and Restrictions Cambria Page 18 of 24 1 6 A 8 (B) The person seeking approval has a record of fmancial irresponsibility, including without limitation prior bankruptcies, foreclosures or bad debts; (C) The application for approval on it face indicates that the person seeking approval intends to conduct himself in a manner inconsistent with the covenants and restrictions applicable to the properties; (D) The person seeking approval has a history of disruptive behavior or disregard for the the rights and property of others; (E) The person seeking approval has evidenced an attitude of disregard for Association or Master Association rules by his or her conduct as a tenant,unit owner or occupant of a living unit. (F) The person seeking approval failed to provide the information and appearance required to process the application in a timely manner;or (G) The owner and the person seeking approval concluded the transfer without notice to the Association as require in 12.3(A)(1),above. 12.4 Exception. The provisions of Sections 12.2 and 12.3 do not require Association approval of the acquisition of title by an institutional mortgagee who acquires title through the mortgage,whether by foreclosure or deed in lieu of foreclosure. 12.5 Unapproved Transfers. Any sale or transfer which is not approved pursuant to the terms of the Declaration shall be void unless subsequently approved in writing by the Board. 13. ENFORCEMENT OF COVENANTS AND ABATEMENT OF VIOLATIONS. Every Owner, tenant, guest or other invitee shall at all times comply with all the covenants, conditions and restrictions of the Governing Documents including this Declaration,the Articles, Bylaws and Rules and Regulations. Before undertaking any remedial,disciplinary or enforcement action against a person alleged to be in violation the Board shall give notice of the violation to the Owner,except in emergencies. The proper interpretation and effect of the Governing Documents shall be as interpreted by the Board of Directors of the Association. 13.1 Mandatory Mediation. Chapter 720 of the Florida Statutes requires that certain disputes be mediated before filing an action in the Florida courts or before an arbitrator. Any such dispute must be filed in accordance with the law in the appropriate venue as required by law. 13.2 Legal Action. Unless the law requires otherwise, judicial enforcement of these covenants and restrictions may be by a proceeding at law or in equity against any person or persons violating or attempting to violate any covenant, condition or restriction, either to restrain violation or to recover damages, and against the land to enforce any lien created by these covenants, conditions and restrictions. Failure by the Association or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 13.3 Entry By Association. Violation of any conditions or restrictions or breach of any covenant herein contained or in any of the Governing Documents shall also give the Association and its authorized agent or representative in addition to all other remedies,the right to enter upon the land where such violation or breach exists and summarily abate and remove, at the expense of the Owner of the land,any construction or violation that may be or exist thereon.The Association and its authorized agents shall not thereby become liable in any manner for trespass, abatement or removal. Any costs and expenses incurred by the Association in abatement of any violations, including attorney's fees, shall be assessed against the Owner of said Lot, which assessments, if Declaration of Covenants and Restrictions Cambria Page 19 of 24 1 6 A unpaid,shall become a lien on the Lot and foreclosed or otherwise collected in the same manner as assessments for common expenses. 13.4 Fines. The Board may impose a fine or fines upon an Owner, tenant, guest, or other invitee for failure of the Owner, his family, guests, invitees, tenants, or employees to comply with any covenant,restriction,rule or regulation contained herein or promulgated pursuant to the Governing Documents. (A) Notice. The Association shall provide the Owner or person sought to be fined with at least fourteen(14)days notice of the opportunity for an appeals hearing. (B) Appeals Hearing. A hearing,if requested by the Owner or person sought to fined, shall be held before a committee of at least three(3)members appointed by the Board,who are not officials, directors or employees of the Association, or the spouse, parent, child, brother or sister of any of the above. The committee, by majority vote, may recommend approval of the fine,dismissal of the fine,or a change in the amount of the fine. (C) Amount of Fine. The Board of Directors may impose fines in amounts reasonably related to the severity of the offense and deemed adequate to deter future offences,not to exceed$100 per violation, or such other maximum amount permitted by law.A fine may be levied on the basis of each day of a continuing violation, with a single notice and opportunity for hearing, and thus may exceed in the aggregate, $1,000 per violation, or such other maximum amount permitted by law. (D) Collection Of Fines. Fines shall be treated as an assessment due to the Association ten (10) days after written notice to the Owner of the imposition of the fine, as provided above. The filing of an appeal as provided above shall postpone the due date until three (3)days after the written decision of the appeals committee is served on the Owner. (E) Application.All monies received from fines shall become part of the common surplus. (F) Nonexclusive Remedy.Fines shall not be construed to be an exclusive remedy,and shall exist in addition to all other rights and remedies to which the Association may be otherwise legally entitled.Outstanding fines,if unpaid after thirty(30)days from the date due, shall be assessed against the Owner of the Lot and/or Residence. The Association may also suspend use rights by following the procedures found in this Section 13.3 for levying of fines. 13.5 Attorneys Fees. In any legal proceeding arising out of an alleged failure of a guest, tenant, unit owner,Director or Officer of the Association,or the Association to comply with the requirements of Chapter 720 of the Florida Statutes, the governing documents, or the Association's rules and regulations, as they may be amended from time to time, the prevailing party shall be entitled to recover the costs of the proceeding and such attorneys fees as may be awarded by the court. 13.6 Member Approval of Certain Litigation. Notwithstanding any other provision of these documents, the Board of Directors shall be required to obtain the prior approval of at least a majority of the voting interests prior to the payment of, or contracting for the payment of, legal fees to any person engaged by the Association for the purpose of commencing any lawsuit, other than for the following purposes: Declaration of Covenants and Restrictions Cambria Page 20 of 24 1 6 A 1; (A) the collection of assessments; (B) the collection other charges which Owners are obligated to pay; (C) the enforcement of the use and occupancy restrictions applicable to the Properties; (D) the enforcement of any restrictions on the sale,lease and other transfer of units; (E) in an emergency, when waiting to obtain the approval of the members creates a substantial risk of irreparable injury to the Association or its members;or (F) filing a compulsory counterclaim, 14. AMENDMENTS TO DECLARATION. 14.1 Proposal. Amendments to this Declaration may be proposed by the Board of Directors or by the owners of twenty percent(20%)of all of the Lots. 14.2 Vote Required.Except as otherwise provided by law,or by specific provision of this Declaration, a proposed amendment to this Declaration shall be adopted if it is approved by the Association members in one of the following methods. (A) Members' Meeting.Approval shall be granted if approved by at least two-thirds(2/3)of the voting interests of the Association present and voting at any annual meeting or a meeting called for that purpose, provided that notice and a copy of each proposed amendment has been given to the members in accordance with law. Unless otherwise provided by law, notice of proposed amendment shall be made substantiaily in the form specified in Chapter 720, Florida Statutes for proposed amendments to homeowners association documents. (B) Written Consent. Amendments may be approved by written consent in accordance with the Association's Bylaws. (C) Declarant Amendment. Notwithstanding the forgoing, prior to Turnover the Declarant shall have the authority to amend this Declaration without the approval of any other member and no amendment to this Declaration shall be effective with out the Declarant's written consent so long as the Declarant owns any Lots in the Property that are for sale in the ordinary course of business. The Declarant may not cause any such amendments that will change the date that Turnover will occur. 14.4 Certificate; Recording. A copy of each adopted amendment shall be attached to a certificate that the amendment was duly adopted as an amendment to the Declaration,which certificate shall be in the form required by law and shall be executed by the President or Vice President of the Association with the formalities of a deed. The amendment shall be effective when the certificate and copy of the amendment are recorded in the Public Records of Collier County,Florida 15. GENERAL PROVISIONS. 15.1 Gender,Number.Whenever a masculine or singular pronoun is used in this document, it shall be construed to mean the masculine,feminine or neuter,singular or plural,as the context requires. 15.2 Waiver. Any waiver by the Association of any provisions of this Declaration or breach hereof must be in writing and shall not operate or be construed as a waiver of any other provision or subsequent breach. Declaration of Covenants and Restrictions Cambria Page 21 of 24 16A8 15.3 Severability. If any section, subsection, sentence, clause, phrase or portion of this Declaration is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portion thereof. 15.4 Headings and Capitalization. The headings of Sections and paragraphs herein, and the capitalization of certain words, are for convenience only, and do not affect the meaning or interpretation of the provisions of this Declaration. 15.5 Notices.Any notice required to be sent to any Owner under the provisions of this Declaration,the Articles of Incorporation or Bylaws, shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as Owner in the records of the Association at the time of such mailing. The Owner bears the responsibility for notifying the Association of any change of address. 15.6 Interpretation. The Board of Directors is responsible for interpreting the provisions of this Declaration and its recorded exhibits. Its interpretation shall be binding upon all parties, unless it is wholly unreasonable. A written opinion rendered by Association legal counsel that an interpretation adopted by the Board is not unreasonable shall conclusively establish the validity of such interpretation. 15.7 Security. The Association makes no representations whatsoever as to the security of the Property, or the effectiveness of any monitoring system or security service. All Members agree to hold the Association harmless from any loss or claim arising from.the occurrence of any crime or act on or within the Property. The Association shall in no way be considered the insurer or guarantor of security within the Property. The Association shall not be held liable for any loss or damage by reason or failure to provide adequate security or in effecting the security measures undertaken, if any. All Owners and Occupants of any Lots acknowledge that the Association does not represent or warrant that any fire protection system, burglar alarm system or other security systems, if any, designated by or installed by them may not be compromised or circumvented; nor that any fire protection system, burglar alarm system or other security systems, will prevent loss by fire, smoke, burglary, theft hold-up or otherwise; nor the fire protection for which the system is designed or intended. Each Lot Owner and Occupant of any Lot acknowledges and understands that each Lot Owner and/or Occupant assumes all risks for loss or damage to persons or structures and consents thereto. Each Lot Owner and Occupant further acknowledges that the Association has made no warranty, representation, expressed or implied, including any warranty of merchantability of fitness for a particular purpose relative to any fir and/or burglar alarm system or other security systems recommended or installed,if any. 15.8 Constructive Notice and Acceptance. Every person who owns, occupies or acquires any right, title, estate or interest in or to any Lot or other portion of the Property does and shall be conclusively deemed to have consented and agreed to every limitation, restriction, easement, reservation, condition and covenant contained herein, whether or not any reference to these restrictions is contained in the instrument by which such person acquired an interest in the Property. 15.9 Adjacent Golf Course. Each Owner by acquisition of a Lot,hereby expressly assumes the risk of noise,personal injury or property damage caused by the use,maintenance and operation of the adjacent golf course, and the pumphouse located in this development, including, without limitation: golf course maintenance, and especially that occurring around sunrise and sunset; use of pesticides, herbicides and fertilizers; view restrictions caused by maturation of trees and shrubbery; reduction in privacy caused by golf traffic; and errant golf balls and clubs. Each Owner agrees that neither golfers, Declaration of Covenants and Restrictions Cambria Page 22 of 24 8 16A8 SCHEDULE OF EXHIBITS Exhibit A-Legal Description of the Property Exhibit B-Copy of Preliminary Plat Exhibit C-Articles of Incorporation of the Association Exhibit D-Bylaws of the Association G:\Cambria\Cambria HOA 1-2-2018.wpd Declaration of Covenants and Restrictions Cambria Page 24 of 24 1 6 A IN WITNESS WHEREOF, Declarant has executed this Declaration of Covenants, Restrictions and Easements for Cambria on this 13th day of August 2018. DECLARANT: (Corporate Seal) WBC Cambria Grande Villas, Inc.. a Florida corporation f /By: tdney Hubschman,President STATE OF FLORIDA COUNTY OF COLLIER The foregoing Declaration of Covenants and Restrictions was acknowledged before me this 13th day of Augus ! t, : _'•.e bschman,as president of WBC Cambria Grande Villas,Inc.,a Florida corporation, w • is personally known to .e. 19)STOREY • / ° Pyr MY COMMISSION#GG 062631 , ,.. a ExpIRES:January 12,2021 rs NOTARY PUBLIC moi► `' a q Bonded 1 Note�Y t My Commission Expiresdc W- jZ ZOZ/ Declaration of Covenants and Restrictions Cambria Page 23 of 24 16A8 EXHIBIT A: LEGAL DESCRIPTION ¢ 0 Cl) rx o Lu o ZW W m w J w -J=00 x Z ¢=¢W ikZm2 OpNWOrp 6 r p � Z�WUQaa pN0wz�U 20 ¢O-wr¢ xw m0= 0WW rm a.O¢cUi a°XI- rrr�mWF oF_ mw W t p O Q O_ N = Q • ' zK a0 QrZ WO �-dp W:V OF-r O_0_ OZF=-¢CO�,�xm pzo ZW W 3- mL° ' °- io z0wm7I--aw0 Ow 1-ra"000QworZ��Nroow000 zrr Q U >-�0 r_1 WW Z J 0¢m V)_ Q O CC 0 �-Q Wm0� <Z0� p Z 000Woxr0 MI-LLIW 0 La w,0OO]m CCWUF WOW¢0bix-W0Z QQ 0_o0 oz�rz�z0-~Wzr >-z Ww¢ w 0)- O0QwoQ_w°QQWo¢U ._0 w¢0 0 p W F Z l-0.O r F- W CgV)0 r F_ �ZmQopWWtDwin2w Nnp¢ pz N¢O�20 z O�r F W D<0¢0 <0 Z m o2 2�CC O Cr o O O°o o V W 0 W Z Id 0 v)Z U r • Q Q Z W p O m Z W Z O W Z W m W W a w W Z 0 W Cl)F 0 Z J r F--J0 0)42 0 t.O r r p *W ¢r WI W W JZ I- r J21 ZCi QXFO_WZQOJOQO WEV)d'r Mm p4 C7 Jm 0_�-WQm Wp 1.Z W Qu_MInO cL W¢QWWNwaFWIXvn,ncc1-nxIn z -, Frzi�fxviozozmm, � FoaNo -Warnpero- n ) Fn ¢i- (00K)COWL�0 (I0 w p ,6 p zovp¢WUF --F_wZzx -- woco rcn 3a0 YzOw�¢zx � 1.1ca• roOWm0_1 O p��m 0UW t di- W O0F- Z WZ QwJdpFO OY `- w = F• Z0WaQCC0 r0Q n " WLi 0Et-li r.,0 m¢ZQ oOF-ZUwr0 OOupZU -W Wxt r7r0mr•JlnpxW WJ • IJWprO mHON 0 }QOUQrn- aZa °Zo0 Z W rp cn Wm a¢¢W0 pzoo�� W ¢�0zZFm000-1WWmW V)?¢ m oocn 0_ i_ W_2Z�cnw0LI L.,Q Liwo CC rQ WZF_Ulwi¢5 .9 WO r2 Ww OWN _Z w0 ¢WF=--O W Qa}F�QJ FOUrr'--1zp 03W Z 2000I'-a00•CY 0 WO'WF Z¢Q F_WO' O p U r X O Q N Z OW Q 0 O W W w(//1-< 0 x r J -1— 0 W W U(V V) W OJ F U_3 p W x p I- 0 O m �_ N U w IX w V) m I_VI U 0 m Z m b�M Q¢ F_Q Wetopro 2z.- Li )))�¢0W 2wri U rooNWC�r_r� g�p�ro�W: rW� WQw�W. 0MJ>-9 000 m00N rOz Z U O o C O r')r�O..CO V U R r4 IX J N JWmZo rn mOW OM a0F �Q 0O : Wm0 ¢ xw MO_¢ZZFarZ UW I0-NF W Ix-w M rp DOpxQ: C)0¢ �V):n0W Nw 0Z0 W Or)NOOJOQ20 QQ0d' moo 00¢ J 0 a0 0 CO Vi¢V)r CC U O.a,-N Q r))Z I-V)0_ 1 6 8 r, , EXHIBIT B: PRELIMINARY PLA T \,, w z Off` �� 7�0 '' . // NN,f o / N \ '----q h N -\,N,, �� A // \ \ \ ct, � /i i co ,,,„„,,,. .„.,----///, ___K 7_______ /------------,_ i .,__ \,. ��/7_ / ,_____ / / .„_ ,___,/, —__,-----, , , / , /_____ ,,,,i' \, P,, „, t-------------______ , 7 / II / / ,, 7 /((i 1 6 A 8 EXHIBIT C Electronic Articles of Incorporation P17000005916 FILED For January 17, 2017 Sec. Of State tscott WBC CAMBRIA GRANDE VILLAS, INC. The undersigned incorporator, for the purpose of forming a Florida profit corporation, hereby adopts the following Articles of Incorporation: Article I The name of the corporation is: WBC CAMBRIA GRANDE VILLAS, INC. Article II The principal place of business address: 2316 PINE RIDGE ROAD #351 NAPLES, FL. US 34109 The mailing address of the corporation is: 2316 PINE RIDGE ROAD #351 NAPLES, FL. US 34109 Article III The purpose for which this corporation is organized is: ANY AND ALL LAWFUL BUSINESS. Article IV The number of shares the corporation is authorized to issue is: 10000 Article V The name and Florida street address of the registered agent is: JAMES H SIESKY 3435 TENTH ST N SUITE 303 NAPLES, FL. 34103 I certify that I am familiar with and accept the responsibilities of registered agent. Registered Agent Signature: JAMES H. SIESKY 1 6 A 8 P17000005916 FILED Article VI January 17, 2017 Sec. Of State The name and address of the incorporator is: tscott JAMES H SIESKY 3435 TENTH ST N SUITE 303 NAPLES, FL 34103 Electronic Signature of Incorporator: JAMES H. SIESKY I am the incorporator submitting these Articles of Incorporation and affirm that the facts stated herein are true. I am aware that false information submitted in a document to the Department of State constitutes a third degree felony as provided for in s.817.155, F.S. I understand the requirement to file an annual report between January 1st and May 1st in the calendar year following formation of this corporation and every year thereafter to maintain "active" status. Article VII The initial officer(s)and/or director(s) of the corporation is/are: Title: P, S SIDNEY HUBSCHMAN 2316 PINE RIDGE ROAD#351 NAPLES, FL. 34109 US EXHIBIT D I 6 A 8 BYLAWS OF CAMBRIA OF NAPLES HOMEOWNERS' ASSOCIATION, INC. a Florida non-profit corporation 1. GENERAL.These are the Bylaws of CAMBRIA OF NAPLES HOMEOWNERS' ASSOCIATION,INC.,hereinafter the "Association", a Florida corporation not for profit organized for the purpose of serving as a residential neighborhood homeowners' association. 1.2 Principal Office.The principal office of the Association shall initially be at 2316 Pine Ridge Road,#351,Naples, Florida 34109 and shall subsequently be at such location as may be determined by the Board of Directors. 1.3 Seal. The seal of the Association shall be inscribed with the name of the Association,the year of its organization, and the words"Florida"and"corporation not for profit." The seal may be used by causing it, or a facsimile of it, to be impressed, affixed, reproduced or otherwise placed upon any document where a seal is required. 1.4 Definitions. The definitions for various terms used in these Bylaws shall be as set forth in Section 2 of the Declaration of Covenants,Restrictions and Easements for Cambria (the"Declaration"). 2. MEMBERS; VOTING RIGHTS. Every record owner of legal title to any Lot located in the Properties is a Member. If a Lot is subject to an agreement for deed, whether recorded or not, the purchaser in possession shall be treated as the owner solely for purposes of determining voting and use rights. Membership is appurtenant to, nine with, and may not be separated from, the real property interest upon which membership is based. 2.1 Voting Interests. The members of the Association are entitled to one (1) vote for each Lot owned by them. The total number of votes shall equal the total number of Lots subject to this Declaration. The vote of a Lot is not divisible. The right to vote may not be denied because of delinquent assessments.if a Lot is owned by one natural person,his right to vote shall be established by the record title. If a Lot is owned jointly by two or more natural persons,that Lot's vote may be cast by any one of the record owners. If two or more owners do not agree among themselves how their one vote shall be cast on any issue, that vote shall not be counted on that issue. If a Lot is owned in trust, or the owner is a corporation, partnership or other entity which is not a natural person,the vote of that Lot shall be cast by the primary occupant designated as set forth in Section 11.0 of the Declaration. 2.2 Approval or Disapproval of Matters. Whenever the decision or approval of an owner is required upon any matter, whether or not the subject of an Association meeting, such decision or approval may be expressed by any person who could cast the vote of that owner's Lot at an Association meeting,as stated in Section 2.1 above,unless the written approval or joinder of record owner is specifically required. 1 6 A 8 2.3 Termination of Membership. Termination of membership in the Association does not relieve or release any former member from liability or obligation incurred under or in any way connected with the Association during the period of his membership,nor does it impair any rights or remedies the Association may have against any former owner or member arising out of or in any way connected with such ownership and membership,and the covenants and obligations incident thereto. 3. MEMBERS' MEETINGS. 3.1 Annual Meeting. The annual meeting of the Members shall be held in Collier County,Florida, each year during the first three months of each calendar year,at a day,place and time designated by the Board of Directors,for the purpose of electing Directors and transacting any other business duly authorized to be transacted by the members. The annual meeting is a general meeting, and unless the law or the governing documents require otherwise,notice of an annual meeting need not include a description of the purpose or purposes for which the meeting is called 3.2 Special Members'Meetings. Special Members'meetings must be field whenever called by the President or by a majority of the Directors,and may also be called by Members representing at least twenty-five percent(25%)of the voting interests. Business at any special meeting shall be limited to the items specified in the notice of meeting. 3.3 Notice of Meetings. Notices of all meetings of the Members must be mailed or hand-delivered to the Members at least fourteen (14) days before the meeting, and must state the time, date, and place of the meeting, and include a detailed agenda. Mailed notices must be sent to each Member at his address as it appears on the books of the Association. Each Member bears the responsibility for notifying the Association in writing of any change of address.A person entitled to receive notice of any meeting may waive notice altogether by written waiver.Notice of any meeting may be hand- delivered if a written waiver of mailing is obtained. If ownership of a Unit is transferred after a notice has been mailed,no separate notice to the new owner is required. Attendance at any meeting by a Member constitutes a waiver of notice by that Member,unless the Member objects to the lack of notice at the beginning of the meeting. 3.4 Quorum. The percentage of voting interests required to constitute a quorum at a meeting of the Members shall be thirty percent(30%)of the total voting interests. 3.5 Vote Required. The acts approved by a majority of the votes cast at a meeting of the members at which a quorum has been attained shall be binding upon all Owners for all purposes,except where a higher vote is required by law or by any provision of the Governing Documents. 3.6 Proxies. To the extent lawful,any person entitled to attend and vote at a Members meeting may establish his presence and cast his vote by proxy. A proxy may be given by any person entitled to vote, but shall be valid only for the specific meeting for which originally given and any lawful adjournment of that meeting,and no proxy is valid for a period longer than ninety(90)days after the date of the first meeting for which it was given. Every proxy is revocable at the pleasure of the person executing it.To be valid,a proxy must be in writing,dated,signed by a person authorized to cast the vote for the unit, and specify the date,time and place of the meeting for which it is given. 1648 The signed and dated original must be delivered to the Secretary at or before the time of the meeting or continuance thereof.Holders of proxies need not be Members.No proxy is valid if it names more than one person proxy holder, but the proxy holder has the right, if the proxy so provides, to substitute another person to hold the proxy. 3.7 Adjourned Meeting. Any duly called meeting of the Members may be adjourned to be reconvened at a later time by vote of the majority of the voting interests present, regardless of whether a quorum has been attained. Unless the Bylaws require otherwise, adjournment of an annual or special meeting to a different date,time or place must be announced at that meeting before an adjournment is taken,or notice must be given of the new date,time,or place pursuant toSection 720.303(2), Florida Statutes, as amended. Any business that might have been transacted an the original date of the meeting may be transacted at the adjourned meeting. If a new record date for the adjourned meeting is or must be fixed under Section 617.0707,Florida Statutes,as amended,notice of the adjourned meeting must be given to persons who are entitled to vote and are Members as of the new record date but were not Members as of the previous record date. 3.8 Order of Business. The order of business meeting shall be substantially as follows: A. Determination of existence of quorum. B. Reading or waiver of reading of minutes of last members'meeting. C. Reports of Officers. D. Reports of Commitees. E. Election of Directors (annual meeting only). F. Unfinished Business. G. New Business. H. Adjournment. 3.9 Minutes. Minutes of all meetings of the Members must be maintained in written form, or in another form that can be converted into written form within a reasonable time. 3.10 Parliamentary Rules. Robert's Rules of Order(latest edition)shall govern the conduct of an Association meeting when not in conflict with the law, with the Declaration, or with these Bylaws.The Presiding Officer my appoint a Parliamentarian,but the Presiding Officer's decisions on questions of Parliamentary Procedure shall be final.Any question or point of older not raised at the meeting to which it relates shall be deemed waived. 3.11 Action by Members Without Meeting. Except for the holding of the annual meeting and annual election of Directors, any action required or permitted to be taken at a meeting of the Members may be taken by mail without a meeting, if written consents or other instruments expressing approval of the action proposed to be taken are signed and returned by Members having not less than the minimum number of votes that would be necessary to take such action at a meeting at which all of the voting interests were present and voting. If the requisite number of written consents are received by the Secretary within sixty(60)days after the earliest date which appears on any of the consent forms received,the proposed action so authorized shall be of full force and effect as if the action had been approved by vote of the Members at a meeting of the Members held on the I 6 A 8 sixtieth(60th)day.Within ten(10)days thereafter,the Board shall send written notice of the action taken to all Members who have not consented in writing. Nothing in this paragraph affects the rights of Members to call a special meeting of the membership, as provided for by Section 3.2 above,or by law. If the vote is taken by the method described in this Section 3.11,the list of Owners on record with the Secretary at the time of mailing the voting material shall be the list of qualified voters. The written consents used to authorize an action without a meeting shall become part of the Association's records. 4. BOARD OF DIRECTORS. The administration of the affairs of the Association shall be by a Board of Directors. All powers and duties granted to the Association by law, as modified and explained in the Declaration,Articles of Incorporation,and these Bylaws,shall be exercised by the Board, subject to approval or consent of the unit owners only when specifically required. 4.1 Number and Terms of Service. The Board of Directors shall initially consist of three(3) Directors, and shall remain at that number unless changed by amendment of this Section 4.1. In order to provide for a continuity of experience by establishing a system of staggered terms of office, in the first election in which owners other than the Declarant elect at least a majority of the Directors, the two(2)candidates receiving the highest number of votes shall each be elected for a term which expires at the final adjournment of the annual meeting at which his successor is to be elected. The candidate receiving the next highest number of votes shall be elected for a term which expires at the final adjoununent of next annual meeting.Thereafter,all Directors shall be elected for two(2)year terms, ending at the final adjournment of the annual meeting at which successors are to be duly elected,or at such other time as may be provided by law. Directors shall be elected by the members as described in Section 4.3 below, or in the case of a vacancy, as provided in 4.4 below. 4.2 Qualifications. Except for Directors appointed by the Declarant, each Director must be a Member or Primary Occupant of a unit or the spouse of one of them. No person shall be elected or appointed for successive terms totaling more than four(4)consecutive years,unless there occurs a hiatus of at least one(1)year between terms.Initial terms by appointment for less than one year shall be excluded from consideration in determining the total number of years served. 4.3 Nominations and Elections. In each annual election the members shall elect by written secret ballot as many Directors as there are regular terms of Directors expiring, unless the balloting is dispensed with at provided for by law. 4.3.1 First Notice: Candidates. Not less than sixty (60) days before the election, the Association shall mail or deliver, to each owner entitled to vote, a first notice of the date of the election. The first notice may be given by separate Association mailing or included in another Association mailing or delivery, including a regularly published newsletter. Any owner or other eligible person desiring to be a candidate may qualify as such by giving written notice to the Association not less than forty(40)days before the annual election. 4.3.2 Second Notice. If there are more qualified candidates than there are Directors to be elected,balloting is required and at least fourteen(14)days before the election,the Association shall mail or deliver a second notice of election to all Owners entitled to vote in the contested election, 1 6 A together with a ballot listing all qualified candidates in alphabetical order,by surname,and the notice of the annual meeting required by Section 3.3 above. 4.3.3 Balloting. Where balloting is required,Directors shall be elected by a plurality of the votes cast,provided that at least twenty percent(20%)of the eligible voters cast ballots. Proxies may not be used in elections. In the elction of Directors,there shall be appurtenant to each unit as many votes for Directors as there are Directors to be elected,but no unit may cast more than one vote for any candidate,it being intended that voting for Directors shall be non-cumulative. Tie votes shall be broken by agreement among the candidates who are tied,or if there is no agreement,by lot,or by any other method required by law(if any). 4.3.4 Certification. Within 90days after being elected or appointed to the Board, each Director shall certify in writing to the Secretary of the Association that he or she has read the Association's declaration of covenants,articles of incorporation,bylaw and current written rules and policies; that he or she will work to uphold such documents and policies to the best of his or her ability; and that he or she will faithfilly discharge his or her fiduciary responsibility to the Association's members.In lieu of the written certification,the newly elected or appointed director may submit a certificate of having satisfactorily completed the educational curriculum administered by a Division-approved education provider within I year before or 90 days after the date of election or appointment. The written certification or educational certificate is valid for the uninterrupted tenure of the director on the Board.A director who does not timely file the written certification or educational certificate is suspended from the Board until he or she complies with the requirement. The Board may temporarily fill the vacancy during the period of suspension. The Association shall retain each director's written certification or educational certificate for 5 years after the director's election;however,the failure to retain the certificate does not affect the validity of any Board action. 4.4 Vacancies on the Board. If the office of any Director becomes vacant for any reason,a majority of the remaining Directors,though less than a quorum,shall promptly choose a successor to fill the remaining unexpired term. 4.5 Removal of Directors. Any Director may be removed from office, with or without cause, by the vote or agreement in writing of a majority of the voting interests.The notice of a meeting of the Owners to recall one or more Directors must name the Specific Director(s) sought to be removed, and a separate vote for each Director sought to be removed shall be taken.Where removal is sought by written agreement, a separate agreement is required for each Director to be removed. Any Director who is removed from office is not eligible to stand again for election to the Board, or be appointed to the Board,until the next annual election. A Director who is removed from office shall turn over to the Association within 72 hours any and all records and other property of the corporation in his or her possession. If a Director who is removed does not relinquish his office and turn over corporate records as required, the circuit court in the county may summarily order the Director to relinquish his office and turn over corporate records upon application by any owner. In any such action, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. A Director or Officer charged by information or indictment with a felony theft or embezzlement 1 6 A offense involving the Association's funds or property is removed from office. The Board shall fill the vacancy according to general law until the end of the period of the suspension or the end of the Director's term of office, whichever occurs first. However, if the charges are resolved without a finding of guilt or without acceptance of a plea of guilty or nol contendere, the Director or Officer shall be reinstated for any remainder of his or her term of office. 4.6 Board Meetings. A meeting of the Board of Directors occurs whenever a quorum of the Board gathers to conduct Association business. All meetings of the Board must be open to all Members, except for meetings between the Board end its legal counsel with respect to proposed or pending litigation, and otherwise where the contents of the discussion would otherwise be governed by the attorney-client privilege.Notices of all Board meetings must be posted in a conspicuous place in the community at least forty-eight(48)hours in advance of every meeting,except in an emergency. In the alternative,if notice is not posted in a conspicuous place in the community,notice of each Board meeting must be mailed or delivered to each member at least seven (7) days before the meeting, except in an emergency. An assessment may not be levied at a Board meeting unless the notice of the meeting includes a statement that assessments will be considered and the nature of the assessment.Directors may not vote by proxy or by secret ballot at Board meetings,except that secret ballots may be used in the election of officers. Any owner may tape-record or videotape meetings of the Board of Directors and meetings of the members. The Board of Directors may adopt reasonable rules governing the taping of meetings of the Board and membership. 4.7 Waiver of Notice by Directors. 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. If all Directors are present at a meeting,no notice to Directors shall be required. 4.8 Quorum of Directors. A quorum at a Board meeting shall exist only when a majority of all Directors are present in person. Directors may participate in any meeting of the Board,or meeting of an executive or other committee by means of a conference telephone call or other similar communicative arrangement whereby all persons present can hear and speak to all other persons. Participation by such means is deemed equivalent to presence in person at a meeting. 4.9 Adjourned Meetings. The majority of the Directors present at any meeting of the Board, regardless of whether a quorum exists, may adjourn the meeting to be reconvened at a later time. When the meeting is reconvened,provided a quorum is then present, any business that might have been transacted at the meeting originally called may be transacted without further notice. 4.10 Presiding Officer. The President of the Association, or in his absence, the Vice-President, shall be the presiding officer at all meetings of the Board of Directors. If neither is present, the presiding officer shall be selected by majority vote of those present. 4.11 Vote Required. The acts approved by a majority of those Directors who are present and voting at a Board meeting at which there is a quorum has been attained shall constitute the acts of the Board of Directors, except when approval by a greater number of Directors is required by the governing documents or by law. A Director who is present at a meeting of the Board shall be deemed to have voted with the majority on any action taken,unless he or she voted against such action or abstained 6 A 8 from voting because of an asserted conflict of interest. 4.12 Director's Fees and Reimbursement of Expenses. No compensation or fees shall be paid to Directors for their service as Directors. Directors may be reimbursed for all actual and proper out-of- pocket expenses related to the proper discharge of their respective duties. 4.13 Committees. The Board of Directors may appoint from time to time such standing or temporary committees as the Board may deem necessary and convenient for the efficient and effective operation of the community.Any such committee shall have the powers and duties assigned to it in the resolution creating the committee. If at any time the law require that meetings of a committee, including any body vested with the power to approve or disapprove architectural decisions with respect to a specific parcel of residential property owned by a member of the Association be noticed and conducted with the same formalities as required for meetings of the Board, such requirement shall apply only to the least extent required or permitted by law, it being the intent hereof to exempt as many committees as possible from such law. 4.14 Emergency Powers. In the event of any"emergency" as defined in Section 4.14.7 below,the Board of Directors may exercise the emergency powers described in this Section, and any other emergency powers authorized by Sections 617.0207, and 617.0303, Florida Statutes, as amended from time to time. 4.14.1 The Board may name as assistant officers persons who are not Directors, which assistant officers shall have the same authority as the executive officers to whom they are assistant during tbs period of the emergency,to accommodate the incapacity of any officer of the Association. 4.14.2 The Board may relocate the principal office or designate alternative principal offices or authorize the officers to do to. 4.14.3 During any emergency the Board may hold meetings with notice given only to those Directors with whom it is practicable to communicate,and the notice may be given in any practible manner, including publication or radio. The Director or Directors in attendance at such a meeting shall constitute a quorum. 4.14.4 Corporate action taken in good faith during an emergency under this Section to further the ordinary affairs of the Association shall bind the Association; and shall have the rebuttable presumption of being reasonable and necessary. 4.14.5 Any officer,director,or employee of the Association acting with a reasonable belief that his actions are lawful in accordance with these emergency Bylaws shall incur no liability for doing so,except in the case of willful misconduct. 4.14.6 These emergency Bylaws shall supersede any inconsistent or contrary provisions of the Bylaws during the period of emergency. 4.14.7 For purposes of this Section 4.14, an"emergency"may be found to exist only when 16A8 A 8 the community, or a larger geographic area in which the community is located, is subjected to: 4.14.7.1 a state of emergency declared by law enforcement authorities; 4.14.7.2 a hurricane warning; 4.14.7.3 a partial or complete evacuation worder; 4.14.7.4 designation by federal or state government as a"disaster area;"or 4.14.7.5 a catastrophic occurrence, whether natural or man-made, which seriously damages or threatens serious damage to the community,such as an earthquake,tidal wave, fire,hurricane,tornado,war,civil unrest,or acts of terrorism. 5. OFFICERS. The executive officers of the corporation shall be a President, Vice-President, Treasurer, and Secretary, all of whom shall be elected annually by said Board. Any two of said offices may be united in one person except that the President shall not also be the Secretary or an Assistant Secretary of the corporation. If the Board so determines,there may be more than one Vice- President. 5.1 President. (a)The President shall preside at all meetings of the members and Directors;he shall have general and active management of the business of the corporation; he shall see that all orders and resolutions of the Board are carried into effect; he shall execute bonds, mortgages, and other contracts requiring the seal,under the seal of the corporation;the seal when affixed may be attested by the Secretary. (b)The President shall have general superintendence and direction of all the other officers of the corporation and shall see that their duties are performed properly. (c)The President shall submit annual fiscal reports of the operations of the Corporation and such period reports as may be, from time to time, called for by the Directors. The annual fiscal report shall likewise be submitted to the members at the annual meeting. He shall also from time to time report to the Board all matters within his knowledge which he determines should be brought to the attention of the Directors. (d)The President shall be an ex-officio member of all committees and shall have the general powers and duties of supervision; and management usually vested in the office of the president of a corporation. 5.2 Vice-President. The Vice President shall be vested with all powers and required to perform all the duties of the President in his absence,and such other duties as may be prescribed by the Board of Directors. 5.3 Secretary. 16A8 (a) The Secretary shall keep the minutes of the meetings of the members of the Board of Directors. (b)The Secretary shall see that all notices are duly given in accordance with the provisions of these Bylaws or as required by law. (c) The Secretary shall be custodian of the corporate records, except fiscal accounting records,of the seal of the Corporation and shall see that the seal of the Corporation is affixed to all documents,the execution of which on behalf of the Corporation under its seal is duly authorized in accordance with the provisions of these Bylaws. (d)The Secretary shall keep the register of the post office addresses of each unit owner which shall be furnished to the Secretary of each unit owner. (e)In general, the Secretary shall perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to him by the President or by the Board of Directors. 5.4 Treasurer. (a)The Treasurer shall keep all fiscal records and shall deposit all monies and other valuable effects in the name and to the credit of the Corporation in such depositories as may be designated by the Board of Directors. (b)The Treasurer shall disburse the funds of the Corporation as ordered by the Board,secure proper vouchers for such disbursements,render to the President and Directors at the regular meeting of the Board or whenever they may require an accounting of all his transactions as Treasurer and of the financial condition of the Corporation. (c) The Association shall require the Treasurer to give the Corporation a bond in a sum required by Florida Statutes with one or more sureties satisfactory to the Board, for the faithful performance of the duties of his office and the restoration to the Corporation. The Association shall bear the cost of bonding. In the case of his death, resignation or removal from office, all books, papers, vouchers, money or other property of whatever kind in his possession belonging to the Corporation shall be immediately returned to the Corporation. 5.5 Compensation of Officers. No compensation shall be paid to any Member for services as an officer of the Association. This provision does not preclude the Board of Directors from employing officers in other capacities as employees of the Association. 6. FISCAL MATTERS. 6.1 Board adoption of budget. The Board of Directors shall adopt a budget for the common expenses of the Association in 16 /18 advance of each fiscal year at a special meeting of the Board called for that year at least forty-five (45)days before the end of each fiscal year. 6.2 Budget requirements. The proposed annual budget of common expenses shall be detailed and shall show the amounts budgeted by accounts and expense classifications, including, when applicable, but not limited to: (a) Administration of the Association (b) Management fees (c) Maintenance (d) Rent for recreational and other commonly used facilities (e) Taxes on Association property (f) Taxes on leased areas (g) Insurance (h) Security provisions (i) Other expenses (j) Operating capital (k) Reserve accounts for capital expenditures and deferred maintenance, including, but not limited to, roof replacement, building painting, and pavement resurfacing. Reserves may be removed from the final budget if by vote of the majority of the unit owners present at a duly called meeting of the Association they shall determine for a fiscal year to provide no reserves or reserves less adequate than required by Florida Statutes chapter 720. 6.3 Notice of budget meeting. Not less than 14 days before the meeting at which the Board will consider the budget, the Board of Directors shall mail or hand deliver to each unit owner at the address last furnished to the association a notice and a copy of the proposed annual budget.The meeting shall be open to all the unit owners. 6.4 Member rejection of excessive budget. If a budget adopted by the Board of Directors requires assessment against the unit owners in any fiscal year exceeding one hundred fifteen percent(115%)of the assessment for the previous year, the Board,on written application of ten percent(10%)of the unit owners within 21 days of adoption of the annual budget, shall call a special meeting of the unit owners within sixty (60) days of adoption of the annual budget. The special meeting can be called on not less than fourteen(14)days written notice to each unit owner. At the special meeting, unit owners shall consider and enact a budget by not less than a majority vote of all unit owners. Provisions for reasonable reserves for repair or replacement of the Community property shall be excluded from the computation in determining whether assessments exceed one hundred fifteen percent(115%)of similar assessments 16A in the previous year. 6.5 Alternative budget adoption by members. At its option, for any fiscal year, the Board of Directors may propose a budget to the unit owners at a meeting of members or in writing. If the proposed budget is approved by the unit owners at the meeting or by a majority of all unit owners in writing,the budget shall be adopted. 6.6 Budget restraints on Developer. As long as the Developer is in control of the Board of Directors,the Board shall not impose an assessment for any year greater than one hundred fifteen percent(115%) of the previous year's assessment without approval of a majority of all unit owners. 6.7 Accounting records and reports. The Association shall maintain accounting records in the county in which the Community is located, in accordance with chapter 720, F.S. The records shall be open to inspection by unit owners or their authorized representatives at reasonable times. The records shall include,but are not limited to: (a)a record of all receipts and expenditures and(b)an account for each unit,designating the name and current mailing address of the unit owner, the amount of each assessment,the dates and amounts in which the assessments come due,the amount paid on the account and the balance due. Within ninety(90) days after the end of the fiscal year, the Board of Directors shall mail or furnish by personal delivery to each unit owner a complete financial report of actual receipts and expenditures for the previous twelve(12)months. 6.8 Depository. The depository of the Association shall be those banks or savings and loan associations,state or federal,located in Florida,as shall be designated from time to time by the Board of directors and in which the money for the association shall be deposited. withdrawal of money from the accounts shall be only by checks or other withdrawal instruments signed by those persons as are authorized by the directors. 6.9 Annual Election of Income Reporting Method. The Board of Directors shall make a determination annually, based on competent advice, whether it shall cause the association's income to be reported to the internal revenue service by the "regular" method (federal tax form 1120) or the "alternative" method (federal tax form 1120h), according to which method of reporting shall best serve the interests of the association for the reporting period under consideration. 6.10 Bonding of Officers and Directors. The Association shall obtain and maintain fidelity bonds in the principal sum of required by 16A8 Florida Statutes for all persons who control or disburse Association funds. The cost of bonding shall be at the expense of the Association. 7.RULES AND REGULATIONS; USE AND RESTRICTIONS.The Board of Directors may, from time to time,adopt and amend reasonable rules and regulations governing the operation,use, maintenance,management and control of the common areas and the operation of the Association. Copies of such rules and regulations shall be furnished to each Owner. The Board has the power to impose fines and suspensions of common area use privileges,as further provided in the Declaration for violations of the rules and regulations. 8. AMENDMENT OF BYLAWS. Amendments to these Bylaws shall be proposed and adopted in the following manner. 8.1 Proposal. Amendments to these Bylaws may be proposed by a majority of the Board or by written petition to the Board signed by at least one-fourth(1/4) of the voting interests. 8.2 Procedure. Upon any amendment to these Bylaws being so proposed by the Board or owners, such proposed amendment shall be submitted to a vote of the Members not later than the next annual meeting for which proper notice can be given. 8.3 Vote Required. Except as otherwise provided by law,or by specific provision of the governing documents,a proposed amendment to these Bylaws shall be adopted if it is approved by at least two- thirds(2/3rds)of the voting interests of the Association present and voting at any annual or special meeting called for the purpose,provided that the full text of any proposed amendment was given to the Members with notice of the meeting.Prior to the Turnover of Control of the Association by the Declarant as provided for in the Declaration, Bylaw amendments may be adopted by vote of a majority of the Directors,without need for a vote of the Owners. 8.4 Effective Date,Recording. A copy of each amendment shall be attached to a certificate reciting that the amendment was duly adopted,and executed by an officer of the Association.The certificate must also identify the book and page of the Public Records where the Declaration was originally recorded. The amendment shall be effective when the certificate and copy of the amendment are recorded in the Official Records of Collier County,Florida. 9. MISCELLANEOUS. 9.1 Gender. Whenever a masculine or singular pronoun is used in these Bylaws, it shall be construed to mean the masculine,feminine or neuter; singular or plural, as the context requires. 9.2 Severability. Should any portion hereof be void or become unenforceable,the remaining provisions of the instrument shall remain in full force and effect. 9.3 Conflict. If any irreconcilable conflict should exist, or hereafter arise, with respect to the interpretation of these Bylaws and the Declaration or Articles of Incorporation,the provisions of the Declaration and the Articles ofincorporation shall prevail over the provisions of the Bylaws.