Backup Documents 01/25/2011 Item #16A4
MEMORANDUM
Date:
February 14,2011
To:
John Houldsworth, Senior Engineer
Engineering Services Department
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Final Plat and Construction and Maintenance
Agreement/LOC #8500888
16A 4
Attached for your records is a copy of the document referenced
above (Agenda Item #16A4) adopted by the Board of County
Commissioners on Tuesday, January 25, 2011.
If you should have any questions, please feel free to contact me at
252-8411.
Thank you.
Attachment (1)
[PRINTER TABLE command COURIER]
ITEM NO. .
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DATE RECEIVED , 30
FILE NO. II-I' s- O,.(}
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ROUTED TO.
DO NOT WRITE ABOVE THIS LINE (orig. 9/89)
REQUEST FOR LEGAL SERVICES
Date: February L 2011
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To: Office of the County Attorney, Attention: Steve Williams
From: John R. Houldsworth, Senior Engineer ~odl
Development Services, Engineering R~ew
Re: LAKOY A flkIa Cobblestone Cove
BACKGROUND OF REQUEST/PROBLEM:
Please review attached Final Plat for legal sufficiency.
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(Are there documents or other information needed to review this matter?)
This item has not been previously submitted.
(If previously submitted provide County Attorney's Office file no.)
ACTION REQUESTED: Review, execute if found to be sufficient, and return to this office.
OTHER COMMENTS:
I.
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16A 4
ELEANOR W, TAFT, P.A.
2647 PROFESSIONAL CIRCLE, SUITE 1203
NAPLES, FLORIDA 34119
P.O. BOX 771161
NAPLES, FLORIDA 34107
(239) 249-6323
(239) 249-6324
January 21, 2011
Collier County Board of Commissioners
330 I Tamiami Trail East
Naples, Florida 34112
Re: Plat of Lakoya
Ladies and Gentlemen:
Stock Development., LLC is the Owner of the subject real property and acquired record
title by instruments recorded at Official Records Book 3405, at Page 834 and Official Records
Book 4296, at Page 807, Public Records, Collier County, Florida; copies of which arc attached
hereto. Additionally, I am of the opinion that all property taxes concerning the subject property
that are due and owing have been paid.
I have examined that certain Title Insurance Policy bearing the policy number 7210709.
375292, endorsements and commitment for endorsement, issued by Chicago Title Insurance
Company (the "Title Policy"), for the real property described on Exhibit "A" attached herelo and
incorporated herein by this reference (the "Property"), which Title Policy covers the period of
time from the earliest possible reeords to December 30, 2010 at 8:00 A.M. Based solely upon the
Title Policy, it is my legal opinion that the fee simple title ro rhe Property is vested in Stock
Development, LLC, a Florida Iimired liability company. subject to Ihe following matters:
I. Declaration of Restrictions recorded in Official Records Book 1311, Page 1704, ofrhe
Public Records of Collier County, Florida.
2. Notice of Modification of Adopted Development Order recorded in Official Records
Book 1838, Page 2074, of the Public Records of Collier County, Florida.
3. Terms. covenants, conditions, restrictions, easements, assessments and possible liens
created by and set forth in rhe Declaration of General Covenants, Conditions and
Restrictions for Lely Resort recorded in Official Records Book 1513, Page 835. and
Amendmenrs thereto including but not limited to those recorded in Official Records Book
1906, Page 1178 and Official Records Book 3405, Page 894, of the Public Records of
Collier County. Florida.
4. Terms, covenants, conditions and other matters contained in rhe Development Agreement
recorded in Official Records Book 3498, Page 233. of the Public Records of Collier
County, Florida.
16A 4
CONSENT OF MORTGAGEE
Regarding
Lakoya Community Declaration
KNOW ALL MEN BY THESE PRESENTS:
FIFTH THIRD BANK, a banking corporation organized and existing under the laws of
Ohio and authorized to transact business in the State of Florida (the "Mortgagee"), the holder of
that certain Amended and Restated Construction Mortgage, Security Agreement, Assignment of
Leases and Rents and Fixture Filing, recorded July 2, 2010 and recorded in Official Records
Book 4583, Page 52 and amended by that certain First Amendment To Amended and Restated
Construction Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing
and Amended and Restated Assignment of Rents and Leases recorded in Official Records Book
4lc.56 ,Page '.,> ~ lit of the Public Records of Collier County, Florida (the "Mortgage"),
which Mortgage constitutes a lien upon the real property described in the foregoing Lakoya at
Lely Resort Declaration (the "Declaration"), hereby consents to STOCK DEVELOPMENT, LLC
("Declarant"), a Florida limited liability company, subjecting the lands described therein to the
provisions of the Declaration and agrees that the lien and encumbrance of the Mortgage shall be
subordinate to the Declaration.
The subordination set forth herein is limited strictly to the rights of Declarant, its
successors and assigns, created by the Declaration and this subordination shall not constitute a
subordination to the rights of any other person or entity that holds any interest in the Property, as
defined in the Declaration.
Dated this ~ day of
f tf,.
2011.
WITNESSES:
C~ ~L.: z:-.
Print Na~J "~C:lflf'~.sr/A..,.)
FIFTH THIRD
Ohio banking
".--0- ,./~/;' ./ C<'..e",c'
Print Name: Michele L we"
STATE OF FLORIDA
COUNTY OF COLLIER
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The foregoing instrument was acknowledged before me this ~ day of January, 2011
by Klay Schrneisser as Senior Vice President of Fifth Third Bank, an Ohio banking corporation,
who is personally known to me.
...~~~~'',:'''I~#.. MICHelE l. WEIR
1m! Notary Public, Stat. ot Florida
~ ~/ My Comm. Expires Apr 12. 2014
aF' " de(,:~pmmissjon # 00 959056 .
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NOTARY PUBLIC, State of Florida
Print Name: Mlch~le L Weir
My commission expires: i I ,.: IL,
cwl'slock, Lak
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[PRINTER TABLE command: COURIER]
ITEM NO. .
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DATE RECEIVED . If&- . ~ J. '1
FILE NO.: ,,-EU.J D (J
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ROUTED TO:
DO NOT WRITE ABOVE THIS LINE (orig. 9/89)
REQUEST FOR LEGAL SERVICES
Date: January 31, 20 II
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To: Office of the County Attorney, Attention: Steve Williams
From: John R. Houldsworth, Senior Engineer ~ . (
Development Services, Engineering ~,..)
Re: LAKOY A f/k/a Cobblestone Cove
BACKGROUND OF REQUEST/PROBLEM:
Please review attached Construction & Maintenance Agreement and Original letter of credit for
legal sufficiency.
<Are there documents or other information needed to review this matter?)
This item has not been previously submitted.
(If previously submitted provide County Attorney's Office file no.)
ACTION REQUESTED: Review, execute Agreement if found to be sufficient, and return to
this office,
OTHER COMMENTS:
2.
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CONSTRUCTION AND MAINTENANCE AGREEMENT FOR
SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this el day of Plb*15, , 2011, by Stock Development,
LLC, a Florida limited liability company (hereinafter "Developer"); and the THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter"the Board").
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 Lakoya.
B. Chapters 4 and 10 of the Collier County Land Development Code requires the Developer
to post appropriate guarantees for the construction of the improvements required by said
subdivision regulations, said guarantees to be incorporated in a bonded agreement for the
construction of the required improvements.
NOW, THERFORE, in consideration of the foregoing premises and the mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed: the paved roadways and sidewalks, drainage,
utilities and like facilities, the required improvements, to be constructed pursuant to the
specifications that have been approved by the Development Services Director within
eighteen (18) months from the date of approval of said subdivision plat.
2. Developer hereby tenders its subdivision performance security (attached hereto as
Exhibit A and by reference made a part hereof) in the amount of $439,037.34 which
amount represents 10% of the total contract cost to complete construction plus 100% of
the estimate cost to complete the required improvements as of the date of this
Agreement.
3. In the event of default by the Developer or failure of the developer to complete such
improvements within the time required by the Land Development Code, Collier County,
may call upon the subdivision performance security to insure satisfactory completion of
the required improvements.
4. The required improvements shall not be considered complete until a statement of
substantial completion by the Developer's engineer along with the final project records
have been furnished to be reviewed and approved by the Development Services Director
for compliance with the Collier County Subdivision Regulations.
5. The County Manager or his designee shall, within sixty (60) days of receipt of the
statement of substantial completion, either: a) notify the Developer in writing of his
preliminary approval of the improvements; or b) notify the Developer in writing of his
16A4 4
refusal to approve the improvements, therewith specifying those conditions which the
Developer must fulfill in order to obtain the approval of the County Manager 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. The Developer shall maintain all required improvements for a minimum period of one
(1) year after preliminary approval by the County Manager or his designee. After the
one (1) year maintenance period by the Developer has terminated, the Developer shall
petition the County Manager or his designee to inspect the required improvements. The
County Manager or his designee shall inspect the required improvements and, if found
to be still in compliance with the Collier County Land Development Code as reflected
by the final approval of the Board, the Board shall release the remaining 10% of the
subdivision performance security. The Developer's responsibility for maintenance of
the required improvements shall continue unless or until the Board accepts maintenance
responsibility for and by the County.
7. Six (6) months after the execution of this Agreement and once within every six (6)
months thereafter the Developer may request the County Manager or his designee to
reduce the dollar amount of the subdivision performance security on the basis of work
complete. Each request for a reduction in the dollar amount of the subdivision
performance security shall be accompanied by a statement of substantial completion by
the Developer's engineer together with the project records necessary for review by the
County Manager or his designee. The County Manager or his designee may grant the
request for a reduction in the amount of the subdivision performance security for the
improvements completed as of the date of the request.
8. In the event the Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Manager or his designee may
call upon the subdivision performance security to secure satisfactory completion, repair
and maintenance of the required improvements. The Board shall have the right to
construct and maintain, or cause to be constructed or maintained, pursuant to public
advertisement and receipt and acceptance of bids, the improvements required herein.
The Developer, as principal under the subdivision performance security, shall be liable
to pay and to indemnify the Board, upon completion of such construction, the final total
cost to the Board thereof, including, but not limited to, engineering, legal and contingent
costs together with any damages, either direct or consequential, which the Board may
sustain on account of the failure of the Developer to fulfill all of the provisions of this
Agreement.
9. All of the terms, covenants and conditions herein contained are and shall be binding
upon the Developer and respective successors and assigns of the Developer.
16A4
IN WITNESS WHEREOF, the Developer and the Board have caused this Agreement to be
executed by their duly authorized representatives this " day of 013• , 2011.
SIGNED, SEALED AND DELIVERED IN THE STOCK DEVELOP `NT, LLC
PRESENCE OF: a Florida li ited liar/ity company
ici1 / I By: // i' ,
Pri 1Name f t d i+)1, M �� 4)4_1.6- Sto• anager
eeleAY
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA
P
Wit % By:
w-,• k c1frki0 iv 4 FRED COYLE, Chairman'...;
Approved as to form and legal sufficiency:
7. l.J
STEVEN T. WILLIAMS
Assistant County Attorney
iF4d4
LAKOYA @ LELY RESORT
CONSTRUCTION & MAINTENANCE SECURITY DETAIL
SUMMARY
ORIGINAL REMAINING
CONTRACT VALUES WORK
POD A
Wastewater $ 189,916.16 $ -
\X'ater $ - $ -
Drainage $ - $ -
Paving $ - $ -
Sub-Total $ 189,916.16 $ -
POD C
Wastewater $ 79,016.12 $ -
Water $ 76,244.28 $ -
Irrigation $ 42,109.55 $ -
Drainage $ 57,552.54 $ -
Paving $ 70,536.00 $ 43,097.94
Sub-Total $ 325,458.49 $ 43,097.94
POD D
Wastewater $ 388,929.70 $
Water $ 159,529.62 $ -
Irrigation $ 63,586.11 $ -
Drainage $ 194,675.90 $ -
Paving $ 127,951.88 $ 67,478.24
Sub-Total $ 934,673.21 $ 67,478.24
POD E
\Wastewater $ 39,851.71 $ -
Water $ 31,907.56 $ -
Irrigation $ 12,529.74 $ -
Drainage $ 41,586.72 $ -
Paving $ 28,026.75 $ 23,023.11
Sub-Total $ 153,902.48 $ 23,023.11
P16A4
OD F
Wastewater $ 59,760.68 S -
Water $ 45,170.94 $ -
Irrigation $ 21,950.38 $ -
Drainage $ 54,929.94 $ -
Paving $ 41,491.55 $ 28,485.20
Sub-Total $ 223,303.49 $ 28,485.20
POD N
Wastewater $ 91,150.40 $ -
Water $ 84,487.16 $ -
Irrigation $ 47,161.83 $ -
Drainage $ 83,950.41 $ -
Paving S 160,163.36 $ 28,229.10
Sub-Total $ 466,913.16 $ 28,229.10
Street Lighting $ 193,070.52 $ -
TOTAL $ 2,487,237.51 $ 190,313.59
10%o of Original Amount $ 248,723.75
100% of Remaining Work $ 190,313.59
Required Bond Amount $ 439,037.34
16A4
POD.A
WASTEWATER
Estimated
Description Quantity Unit Unit Price Amount
6" Single PVC Sewer Service w/Cleanout(Complete) 2 EA $353.00 $706.00
8" PVC Sanitary Sewer SDR-26(12'-14'Cut) 259 LF $20.79 $5,384.61
8" PVC Sanitary Sewer SDR-26(14'-16'Cut) 230 LF $23.79 $5,471.70
8" PVC Sanitary Sewer SDR-26(I6'-I8'Cut ) 45 LF $28.79 $1,295.55
Manhole 4' Diameter (14'-16')(IET Coating) I EA $6,610.00 $6,610.00
Manhole 4' Diameter (16'-18')(IET Coating) 1 EA $7,740.00 $7,740.00
Television Inspection 534 LF $1.50 $801.00
6" PVC ForceMain DR-18 455 LF $13.26 $6,033.30
Pump Station(complete) I EA $150,000.00 $150,000.00
Rock Excavation-Blasting or Mechanical 534 LF $11.00 $5,874.00
TOTAL= $189,916.16
.N'otes.
(honer shall provide unprocessed limerock for all related project uses. Contractor will be responsible for all crushing,
Utility.trench spoil shall be sorted and moved by Contractor to on-site stockpile at the direction of Owner.
Utility trench density testing shall be the responsibility of the Contractor.
1 6 A 4
POD C
WASTEWATER
Estimated
Description Quantity Unit Unit Price Amount
6" Single PVC Sewer Service w/Cleanout(Complete) 4 EA $350.00 $1,400.00
6" Double PVC Sewer Service w/Cleanout(Complete) 15 EA $403.00 $6,045.00
Cleanout 2 EA $184.00 $368.00
8" PVC Sanitary Sewer SDR-26(0'-6'Cut) 676 LF $12.79 $8,646.04
8" PVC Sanitary Sewer SDR-26(6'-8'Cut) 590 LF $14.04 $8,283.60
8" PVC Sanitary Sewer SDR-26(8'-10'Cut ) 382 LF $16.29 $6,222.78
8" PVC Sanitary Sewer SDR-26(10'-12'Cut) 230 LF $21.79 $5,011.70
Manhole 4'Diameter (0'-6')(IET Coating) 4 EA $2,970.00 $11,880.00
Manhole 4'Diameter (6'-8')(IET Coating) 2 EA $3,460.00 $6,920.00
Manhole 4'Diameter (8'-I0')(IET Coating) 2 EA $4,100.00 $8,200.00
Television Inspection 1,878 LF $1.50 $2,817.00
Rock Excavation-Blasting or Mechanical 1,202 LF $11.00 $13,222.00
TOTAL= $79,016.12
:Notes
Owner shall provide unprocessed limerock for all related project uses. Contractor will be responsible for all crushing,
processing, & hauling of limerock as needed to complete the project in accordance with the construction plans prepared by
U'aldrop Engineering.
('trlity trench spoil shall be sorted and moved by Contractor to on-site stockpile at the direction of Owner.
1 till°•trench density testing shall be the responsibility of the Contractor.
16A4
POD D
\V;AS.FEWATER
Estimated
Description Quantity Unit Unit Price Amount
6" Single PVC Sewer Service w/Cleanout(Complete) 13 EA $353.00 $4,589.00
6" Double PVC Sewer Service w/Cleanout(Complete) 27 EA $406.00 $10,962.00
Cleanout 3 EA $305.00 $915.00
8" PVC Sanitary Sewer SDR-26(0'-6'Cut) • 966 LF $14.79 $14,287.14
8" PVC Sanitary Sewer SDR-26(6'-8'Cut) 892 LF $17.04 $15,199.68
8" PVC Sanitary Sewer SDR-26(8'-10'Cut) 830 LF $19.29 $16,010.70
8" PVC Sanitary Sewer SDR-26(10'-12'Cut) 104 LF $21.79 $2,266.16
8" PVC Sanitary Sewer SDR-26(12'-14'Cut) 209 LF $20.79 $4,345.11
8" PVC Sanitary Sewer SDR-26(14'-16'Cut ) 360 LF $23.79 $8,564.40
8" PVC Sanitary Sewer SDR-26(16'-18'Cut ) I 1 1 LF $28.79 $3,195.69
Manhole 4'Diameter (0'-6')(IET Coating) 4 EA $3,080.00 $12,320.00
Manhole 4' Diameter (6'-8')(IET Coating) 4 EA $3,710.00 $14,840.00
Manhole 4' Diameter (8'-10')(IET Coating) 3 EA $4,280.00 $12,840.00
Manhole 4'Diameter (14'-I6')(LET Coating) 3 EA $6,610.00 $19,830.00
Manhole 4' Diameter (16'-I8')(IET Coating) 1 EA $7,740.00 $7,740.00
Television Inspection 3,472 LF $1.50 $5,208.00
Pump Station(complete) I EA $150,000.00 $150,000.00
6" PVC ForceMain DR-18 2,744 LF $13.81 $37,894.64
6" PVC ForceMain DR-I4 117 LF $15.54 $1,818.18
Air Release Valve 2 EA $9,269.00 $18,538.00
Rock Excavation- Blasting or Mechanical 2,506 LF $11.00 $27,566.00
TOTAL= $388,929.70
.Votes•
(honer shall provide unprocessed limerock for all related project uses. Contractor will he responsible for all crushing,
['Wily trench spoil shall he sorted and moved by Contractor to on-site stockpile at the direction of Owner.
(7ilitt trench density testing shall he the responsibility of the Contractor
1 6 A4
POD
WASTEWATER
Estimated
Description Quantity Unit Unit Price Amount
6" Single PVC Sewer Service w/Cleanout(Complete) 2 EA $184.00 $368.00
6" Double PVC Sewer Service w/Cleanout(Complete) 8 EA $237.00 $1,896.00
8" PVC Sanitary Sewer SDR-26(0'-6'Cut) 181 LF $12.79 $2,314.99
8" PVC Sanitary Sewer SDR-26(6'-8'Cut) 458 LF $14.04 $6,430.32
8" PVC Sanitary Sewer SDR-26(8'-10'Cut ) 210 LF $16.29 $3,420.90
Manhole 4' Diameter (0'-6')(IET Coating) I EA $2,970.00 $2,970.00
Manhole 4' Diameter (6'-8')(IET Coating) 3 EA $3,430.00 $10,290.00
Manhole 4'Diameter (8'-10')(IET Coating) I EA $3,540.00 $3,540.00
Television Inspection 849 LF $1.50 $1,273.50
Rock Excavation-Blasting or Mechanical 668 LF $11.00 $7,348.00
TOTAL= $39,851.71
.Votes:
Owner shall provide unprocessed limerock for all related project uses. Contractor will be responsible for all crushing,
processing, & hauling of limerock as needed to complete the project in accordance with the construction plans prepared by
6Valdrop Engineering.
Utility trench spoil shall be sorted and moved by Contractor to on-site stockpile at the direction of Owner.
Utility,trench density testing shall be the responsibility of the Contractor.
16A4
POD N
WATER
Estimated
Description Quantity Unit Unit Price Amount
8" PVC Water Main(C900 Class 200) 135 LF $17.40 $2,349.00
12" PVC Water Main(C900 Class 150) 1,636 LF $23.04 $37,693.44
12" PVC Water Main(C900 Class 200) 132 LF $23.46 $3,096.72
8"Gate Valve 2 EA $1,159.00 $2,318.00
12"Gate Valve 5 EA $1,924.00 $9,620.00
Air Release Valve 1 EA $9,269.00 $9,269.00
Fire Hydrant 4 EA $3,640.00 $14,560.00
Temporary Sample Point 2 EA $203.00 $406.00
Permanent Sample Point I EA $1,509.00 $1,509.00
Hot Tap and Connect to Existing 12" PVC Water Main I EA $5,047.00 $5,047.00
6"Temporary Backflow Device I EA $3,060.00 $3,060.00
Temporary Dead End Fire Hydrant I EA $3,478.00 $3,478.00
TOTAL= $92,406.16
Notes:
Owner shall provide unprocessed limerock for all related project uses. Contractor will be responsible for all crushing,
processing. & hauling of limerock as needed to complete the project in accordance with the construction plans prepared by
Waldrop Engineering.
('tility trench spoil shall be sorted and moved by Contractor to on-site stockpile at the direction of Owner.
Utility trench density testing shall be the responsibility of the Contractor.
16A4
POD C
IRRIGATION
Estimated
Description Quantity Unit Unit Price Amount
Single Irrigation Service,Complete 2 EA $450.00 $900.00
Double Irrigation Service,Complete 17 EA $861.00 $14,637.00
4" PVC Irr. Main(C900,Class 150) 1,066 LF $9.22 $9,828.52
4" PVC Irr. Main(C900,Class 200) 49 LF $9.85 $482.65
6" PVC Irr. Main(C900,Class 150) 826 LF $12.53 $10,349.78
6" PVC Irr. Main(C900,Class 200) 30 LF $13.42 $402.60
4" Perm. Blow-Off 2 EA $988.00 $1,976.00
4"Gate Valve w/Box I EA $762.00 $762.00
6"Gate Valve w/Box 3 EA $871.00 $2,613.00
4"x 6" Reducer I EA $158.00 $158.00
TOTAL= $42,109.55
.Notes:
owner shall provide unprocessed limerock for all related project uses. Contractor will be responsible for all crushing,
processing, & hauling of limerock as needed to complete the project in accordance with the construction plans prepared by
i4 aldrop Engineering.
('tilitr trench spoil shall be sorted and moved by Contractor to on-site stockpile at the direction of Owner.
('tilitt'trench density testing shall be the responsibility of the Contractor.
16A4
POD D
IRRIGATION
Estimated
Description Quantity Unit Unit Price Amount
Single Irrigation Service,Complete 4 EA $522.00 $2,088.00
Double Irrigation Service,Complete 32 EA $524.00 $16,768.00
4" PVC Irr. Main(C900,Class 150) 224 LF $8.14 $1,823.36
6" PVC Irr. Main(0900,Class 150) 3,353 LF $10.35 $34,703.55
6" PVC Irr. Main(C900,Class 200) 174 LF $11.30 $1,966.20
4" Perm. Blow-Off I EA $1,120.00 $1,120.00
4"Gate Valve w/Box 1 EA $762.00 $762.00
6"Gate Valve w/Box 5 EA $871.00 $4,355.00
TOTAL= $63,586.11
.Votes:
Owner shall provide unprocessed limerock for all related project uses. Contractor will be responsible for all crushing,
processing, & hauling of limerock as needed to complete the project in accordance with the construction plans prepared by
I aldrop Engineering.
('tility trench spoil shall he sorted and moved by Contractor to on-site stockpile at the direction of Owner.
('tility trench density testing shall be the responsibility of the Contractor.
4
1644
POD E
IRRIGATION
Estimated
Description Quantity Unit Unit Price Amount
Double Irrigation Service,Complete 9 EA $502.00 $4.518.00
4" Gate Valve w/Box 2 EA $762.00 $1,524.00
4" PVC Irr. Main(C900,Class 150) 813 LF $7.98 $6,487.74
TOTAL = $12,529.74
Votes.
Owner shall provide unprocessed limerock for all related project uses. Contractor will be responsible for all crushing,
processing, c& hauling of limerock as needed to complete the project in accordance with the construction plans prepared by
Waldrop Engineering.
Utility trench spoil shall be sorted and moved by Contractor to on-site stockpile at the direction of Owner.
l.'tility trench density testing shall be the responsibility of the Contractor.
1 6 A4
POD F
IRRIGATION
Estimated
Description Quantity Unit Unit Price Amount
Single Irrigation Service,Complete 2 EA $518.00 $1,036.00
Double Irrigation Service,Complete 14 EA $552.00 $7,728.00
4"Gate Valve wi Box 2 EA $762.00 $1,524.00
4" PVC Irr. Main(C900,Class 150) 1,242 LF $9.39 $11,662.38
TOTAL= $21,950.38
Votes
Owner shall provide unprocessed limerock for all related project uses. Contractor will be responsible for all crushing,
processing, & hauling of limerock as needed to complete the project in accordance with the construction plans prepared by
Waldrop Engineering.
utility trench spoil shall be sorted and moved by Contractor to on-site stockpile at the direction of Owner.
Utility trench density testing shall he the responsibility of the Contractor.
4
16 * 4
POD N
IRRIGATION
Estimated
Description Quantity Unit Unit Price Amount
Single Irrigation Service,Complete 5 EA $809.00 $4,045.00
4" PVC Irr. Main(C900,Class 150) 52 LF $10.56 $549.12
4" PVC Irr. Main(C900,Class 200) 134 LF $9.85 $1,319.90
6" PVC Irr. Main(C900, Class 200) 87 LF $12.42 $1,080.54
8" PVC Irrigation Main(C900,CL 150) 1070 LF $13.82 $14,787.40
8" PVC Irrigation Main(C900,CL 200) 45 LF $15.83 $712.35
10" PVC Irrigation Main(C900,CL 150) 540 LF $19.36 $10,454.40
10" PVC Irrigation Main(C900,CL 200) 54 LF $19.78 $1,068.12
6" Temp. Blow-Off 1 EA $1,282.00 $1,282.00
8"Gate Valve w/Box 4 EA $1,159.00 $4,636.00
10" Gate Valve w/Box I EA $1,627.00 $1,627.00
8" x 10" Reducer I EA $273.00 $273.00
10" x 12" Reducer I EA $677.00 $677.00
Hot Tap and Connect 10" Main to Existing 12" Main I EA $4,650.00 $4,650.00
TOTAL= $47,161.83
.Notes
(honer shall provide unprocessed limerock for all related project uses. Contractor will be responsible for all crushing,
processing, & hauling of limerock as needed to complete the project in accordance with the construction plans prepared by
IValdrop Engineering.
('tility trench spoil shall be sorted and moved by Contractor to on-site stockpile at the direction of Owner.
I'Wily trench density testing shall be the responsibility of the Contractor.
16A4
POD C
DRAINAGE
Estimated
Description Quantity Unit Unit Price Amount
IS RCP 77 LF $20.75 $1,597.75
18" RCP 841 LF $24.19 $20,343.79
18" Flared End 5 EA $804.00 $4,020.00
Valley Gutter Inlet(Complete) 9 EA $2,260.00 $20,340.00
Rock Excavation 841 LF $11.00 $9,251.00
Lake Bank Restoration I LS $2,000.00 $2,000.00
TOTAL= $57,552.54
Notes:
Owner shall provide unprocessed limerock for all related project uses. Contractor will be responsible for all crushing,
processing, & hauling of limerock as needed to complete the project in accordance with the construction plans prepared by
IValdrop Engineering.
[.'tility trench spoil shall be sorted and moved by Contractor to on-site stockpile at the direction of Owner.
Utility trench density testing shall be the responsibility of the Contractor.
•
1 6 A 4
POD D
DRAINAGE
Estimated
Description Quantity Unit Unit Price Amount
12" HDPE 1,760 LF $14.64 $25,766.40
15" RCP 611 LF $20.75 $12,678.25
18" RCP 781 LF $24.19 $18,892.39
24" RCP 375 LF $31.44 $11,790.00
30" RCP 24 LF $40.97 $983.28
36" RCP 195 LF $59.00 $11,505.00
42" RCP 294 LF $76.82 $22,585.08
12" Flared End 1 EA $183.00 $183.00
18" Flared End 3 EA $702.00 $2,106.00
24" Flared End I EA $819.00 $819.00
36" Flared End 1 EA $1,200.00 $1,200.00
42" Flared End 2 EA $1,466.00 $2,932.00
12" ADS Yard Drain(or equivalent) 14 EA $533.00 $7,462.00
Valley Gutter Inlet(Complete) 14 EA $2,510.00 $35,140.00
Junction Box I EA $1,810.00 $1,810.00
Type "C"Grate Inlet 6 EA $1,410.00 $8,460.00
Rear Yard Swale Grading 2,370 LF $1.00 $2,370.00
Swale Sod 3,423 SY $1.50 $5,134.50
Rock Excavation 1,669 LF $11.00 $18,359.00
Lake Bank Restoration 1 LS $4,500.00 $4,500.00
TOTAL = 5194,675.90
Notes
(honer shall provide unprocessed limerock for all related project uses. Contractor will be responsible for all crushing,
processing, & hauling of limerock as needed to complete the project in accordance with the construction plans prepared by
it aldrop Engineering.
('tilily trench spoil shall be sorted and moved by Contractor to on-site stockpile at the direction of Owner.
I'iilitt trench density testing shall he the responsibility of the Contractor.
16A4
POD E
DRAINAGE
Estimated
Description Quantity Unit Unit Price Amount
12" HDPE 1,097 LF $14.03 $15,390.91
15" RCP 39 LF $20.75 $809.25
18" RCP 124 LF $24.19 $2,999.56
12" ADS Yard Drain(or equivalent) 9 EA $640.00 $5,760.00
12" Flared End 2 EA $183.00 $366.00
18" Flared End 2 EA $183.00 $366.00
Valley Gutter Inlet(Complete) 4 EA $2,292.00 $9,168.00
Rear Yard Swale Grading 1,062 LF $1.00 $1,062.00
Swale Sod 1,534 SY $1.50 $2,301.00
Rock Excavation 124 LF $11.00 $1,364.00
Lake Bank Restoration 1 LS $2,000.00 $2,000.00
TOTAL= $41,586.72
.Notes:
Owner shall provide unprocessed limerock for all related project uses. Contractor will be responsible for all crushing,
processing, & hauling of limerock as needed to complete the project in accordance with the construction plans prepared by
44'aldrop Engineering.
('tilit),trench spoil shall be sorted and moved by Contractor to on-site stockpile at the direction of Owner.
Utility trench density testing shall he the responsibility of the Contractor.
16A4
POD F
DR.\IN AGE
Estimated
Description Quantity Unit Unit Price Amount
15" RCP 39 LF $20.75 $809.25
18" RCP 384 LF $24.19 $9,288.96
30" RCP 409 LF $40.97 $16,756.73
18" Flared End 2 EA $752.00 $1,504.00
30" Flared End 2 EA $1,228.00 $2,456.00
Valley Gutter Inlet(Complete) 6 EA $2,232.00 $13,392.00
Rock Excavation 793 LF $11.00 $8,723.00
Lake Bank Restoration I LS $2,000.00 $2,000.00
TOTAL= $54,929.94
:votes:
Owner shall provide unprocessed limerock for all related project uses. Contractor will be responsible for all crushing,
processing, & hauling of limerock as needed to complete the project in accordance with the construction plans prepared by
Waldrop Engineering.
('tility trench spoil shall be sorted and moved by Contractor to on-site stockpile at the direction of Owner.
Utility trench density testing shall be the responsibility of the Contractor.
1 6A4
POD N
DRAINAGE
Estimated
Description Quantity Unit Unit Price Amount
15" RCP 53 LF $20.75 $1,099.75
18" RCP 101 LF $24.19 $2,443.19
30" RCP 641 LF $40.67 $26,069.47
18" Flared End I EA $752.00 $752.00
30" Flared End 6 EA $2,656.00 $15,936.00
Type 6 Throat Inlet(Complete) 8 EA $3,086.00 $24,688.00
Type 6 Throat Inlet Flowable Fill 10 CY $130.00 $1,300.00
Rock Excavation 742 LF $11.00 $8,162.00
Lake Bank Restoration I LS $3,500.00 $3,500.00
TOTAL= $83,950.41
.Votes:
Owner shall provide unprocessed limerock for all related project uses. Contractor will be responsible for all crushing,
processing, & hauling of limerock as needed to complete the project in accordance with the construction plans prepared by
1Faldrop Engineering.
l'tility trench spoil shall be sorted and moved by Contractor to on-site stockpile at the direction of Owner.
('tility trench density testing shall be the responsibility of the Contractor.
Flowable fill to he used the entire length of structure for a width of 2'foot, and a depth of l'measured from finished limerock
grade to subgrade.
1 6 A 4
POD C
PAVING
Estimated
Description Quantity Unit Unit Price Amount
Striping and Marking 1 LS $1,912.00 $1,912.00
Valley Gutter 3,912 LF $5.51 $21,555.12
fk pe"A"Curb&Gutter 369 LF $8.77 $3,236.13
4"Concrete Sidewalk 1,700 SY $15.70 $26,690.00
Handicapped Ramps(Complete w/detectable warnings) 6 EA $357.00 $2,142.00
3/4"Asphaltic Concrete(Type S-III)First Lift 4,921 SY $3.14 $15,451.94
3/4"Asphaltic Concrete(Type S-III)Second Lift 4,921 SY $3.14 $15,451.94
I laul,Compact and Prime 8" Limerock Base(owner provided) 4,921 SY $3.10 $15,255.10
12" Stabilized Suhgrade(Onsite Material) 6,343 SY $1.00 $6,343.00
Rough Grading 6,343 SY $0.25 $1,585.75
ROW Rough Grading I LS $1,430.00 $1,430.00
ROW Fine Grading I LS $1,430.00 $1,430.00
Sod(1.5'Behind Back of Curb) 714 SY $1.50 $1,071.00
Conduit Trench NA LF $3.00 #VALUE!
2"Conduit NA LF $1.00 #VALUE!
4"Conduit NA LF $3.00 #VALUE!
6"Conduit NA LF $5.00 #VALUE!
TOTAL= $113,553.98
Votes.
Conduits to be furnished and installed complete.
Owner shall provide unprocessed limerock for all related project uses. Contractor will be responsible for all crushing,processing, &
hauling of limerock as needed to complete the project in accordance with the construction plans prepared by Waldrop Engineering.
l.'tility trench spoil shall be sorted and moved by Contractor to on-site stockpile at the direction of Owner.
Utility trench density testing shall be the responsibility of the Contractor.
t6ML
POD D
PAVING
Estimated
Description Quantity Unit Unit Price Amount
Striping and Marking I LS $1,759.00 $1,759.00
Valley Gutter 7,306 LF $5.51 $40,256.06
Type"A"Curb&Gutter 509 LF $8.77 $4,463.93
4"Concrete Sidewalk 2,450 SY $15.75 $38,587.50
I landicapped Ramps(Complete w/detectable warnings) 16 EA $357.00 $5,712.00
3/4"Asphaltic Concrete(Type S-III)First Lift 9,154 SY $3.06 $28,011.24
3/4"Asphaltic Concrete(Type S-III)Second Lift 9,154 SY $3.06 $28,011.24
Haul.Compact and Prime 8"Limerock Base(owner provided) 9,154 SY $3.10 $28,377.40
12" Stabilized Subgrade(Onsite Material) 11,723 SY $1.00 $11,723.00
Rough Grading 11,723 SY $0.25 $2,930.75
ROW Rough Grading I LS $1,300.00 $1.300.00
ROW Fine Grading I LS $1,300.00 $1,300.00
Sod(1.5'Behind Back ofCurb) 1,303 SY $1.50 $1,954.50
Conduit Trench NA LF $3.00 #VALUE!
2"Conduit NA LF $1.00 #VALUE!
4"Conduit NA LF $3.00 #VALUE!
6"Conduit NA LF $5.00 #VALUE!
TOTAL= $194,386.62
;Votes:
Conduits to be furnished and installed complete.
Owner shall provide unprocessed limerock for all related project uses. Contractor will be responsible for all crushing,processing, &
hauling of limerock as needed to complete the project in accordance with the construction plans prepared by Waldrop Engineering.
Utility trench spoil shall be sorted and moved by Contractor to on-site stockpile at the direction of Owner.
('tility trench density testing shall be the responsibility of the Contractor.
16 A4
POD E
PAVING
Estimated
Description Quantity Unit Unit Price Amount
Striping and Marking I LS $1,912.00 $1,912.00
Valley Gutter 1,724 LF $5.51 $9,499.24
4"Concrete Sidewalk 500 SY $33.51 $16,755.00
3/4"Asphaltic Concrete(Type S-111)First Lift 1.849 SY $3.39 $6,268.I I
3/4"Asphaltic Concrete(Type S-III)Second Lift 1,849 SY $3.39 $6,268.11
Haul.Compact and Prime 8"Limerock Base(owner provided) 1,849 SY $3.10 $5,731.90
12" Stabilized Subgrade(Onsite Material) 2,388 SY $1.00 $2,388.00
Rough Grading 2,388 SY $0.25 $597.00
ROW Rough Grading I LS $600.00 $600.00
ROW Fine Grading 1 LS $600.00 $600.00
Sod(1.5'Behind Back of Curb) 287 SY $1.50 $430.50
Conduit Trench NA LF $3.00 #VALUE!
2"Conduit NA LF $1.00 #VALUE!
4"Conduit NA LF $3.00 #VALUE!
6"Conduit NA LF $5.00 #VALUE!
TOTAL= $51,049.86
Votes:
Conduits to be furnished and installed complete.
(honer.shall provide unprocessed limerock for all related project uses. Contractor will be responsible for all crushing,processing, &
hauling of limerock as needed to complete the project in accordance with the construction plans prepared by Waldrop Engineering.
Utility trench spoil shall be sorted and moved by Contractor to on-site stockpile at the direction of Owner.
Utility trench density testing shall be the responsibility of the Contractor.
16A4
POD F
PAVING
Estimated
Description Quantity Unit Unit Price Amount
Striping and Marking 1 LS $1,912.00 $1,912.00
Valley Gutter 2,610 LF $5.51 $14,381.10
4"Concrete Sidewalk 1.000 SY $18.36 $18,360.00
3/4" Asphaltic Concrete(Type S-I11)First Lift 2,830 SY $3.24 $9,169.20
3/4"Asphaltic Concrete(Type S-III)Second Lift 2.830 SY $3.24 $9,169.20
Haul,Compact and Prime 8"Limerock Base(owner provided) 2,830 SY $3.10 $8,773.00
12"Stabilized Subgrade(Onsite Material) 3,683 SY $1.00 $3,683.00
Rough Grading 3,683 SY $0.25 $920.75
ROW Rough Grading I LS $1,000.00 $1,000.00
ROW Fine Grading I LS $1,000.00 $1.000.00
Sod(1.5' Behind Back of Curb) 435 SY $1.50 $652.50
Conduit Trench NA LF $3.00 #VALUE!
2"Conduit NA LF $1.00 #VALUE!
4"Conduit NA LF $3.00 #VALUE!
6"Conduit NA LF $5.00 #VALUE!
TOTAL= $69,020.75
Notes'
Conduits to be/urnished and installed complete.
Owner shall provide unprocessed limerock for all related project uses. Contractor will be responsible for all crushing,processing, &
hauling of limerock as needed to complete the project in accordance with the construction plans prepared by Waldrop Engineering.
Utility trench spoil shall be sorted and moved by Contractor to on-site stockpile at the direction of Owner.
Utility trench density testing shall be the responsibility of the Contractor.
16 A4
POD N
PAVING
Estimated
Description Quantity Unit Unit Price Amount
Striping and Marking 1 LS $1,912.00 $1,912.00
pe"F"Curb&Gutter 6,172 LF $6.38 $39,377.36
4"Concrete Sidewalk 2,330 SY $14.69 - $34,227.70
Handicapped Ramps(Complete w/detectable warnings) 20 EA $357.00 $7,140.00
3/4"Asphaltic Concrete(Type S-III)First Litt 8,942 SY $3.05 $27,273.10
3/4"Asphaltic Concrete(Type S-iIi)Second Litt 8,942 SY $3.05 $27,273.10
Haul,Compact and Prime 8" Limerock Base(owner provided) 8,942 SY $3.10 $27,720.20
12"Stabilized Subgrade(Onsite Material) 11,167 SY $1.00 $11,167.00
Rough Grading 11,167 SY $0.25 $2,791.75
ROW Rough Grading I LS $2,800.00 $2,800.00
ROW Fine Grading 1 LS $2,800.00 $2,800.00
Median Fill 513 CY $2.75 $1,410.75
Sod(1.5' Behind Back of Curb) 1,029 SY $1.50 $1,543.50
Conduit Trench NA LF $3.00 #VALUE!
2"Conduit NA LF $1.00 #VALUE!
4"Conduit NA LF $3.00 #VALUE!
6"Conduit NA LF $5.00 #VALUE!
TOTAL= $187,436.46
,Notes.
Conduits to be furnished and installed complete.
Owner shall provide unprocessed limerock for all related project uses. Contractor will be responsible for all crushing,processing, &
hauling of limerock as needed to complete the project in accordance with the construction plans prepared by Waldrop Engineering.
Utility trench spoil shall be sorted and moved by Contractor to on-site stockpile at the direction of Owner.
Lzility trench density testing shall be the responsibility of the Contractor.
Top.soil for median Jill to be furnished from on-site stock pile. Contactor responsible for haul,fill and spread.
16A4
POD E
WASTEWATER
Estimated
Description Quantity Unit Unit Price Amount
6" Single PVC Sewer Service w/Cleanout(Complete) 2 EA $184.00 $368.00
6" Double PVC Sewer Service w/Cleanout(Complete) 8 EA $237.00 $1,896.00
8" PVC Sanitary Sewer SDR-26(0'-6'Cut) 181 LF $12.79 $2,314.99
8" PVC Sanitary Sewer SDR-26(6'-8'Cut) 458 LF $14.04 $6,430.32
8" PVC Sanitary Sewer SDR-26(8'-10'Cut ) 210 LF $16.29 $3,420.90
Manhole 4' Diameter (0'-6')(IET Coating) I EA $2,970.00 $2,970.00
Manhole 4' Diameter (6'-8')(IET Coating) 3 EA $3,430.00 $10,290.00
Manhole 4' Diameter (8'-10')(IET Coating) 1 EA $3,540.00 $3,540.00
Television Inspection 849 LF $1.50 $1,273.50
Rock Excavation-Blasting or Mechanical 668 LF $11.00 $7,348.00
TOTAL= $39,851.71
Votes.
Owner shall provide unprocessed limerock for all related project uses. Contractor will be responsible for all crushing.
processing, & hauling of limerock as needed to complete the project in accordance with the construction plans prepared by
fi'uldrop Engineering.
Utility trench spoil shall be sorted and moved by Contractor to on-site stockpile at the direction of Owner.
Utility,trench density testing shall be the responsibility of the Contractor,
16A 4
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
LAKOY A AT LEL Y RESORT
PREPARED BY:
ELEANOR W. TAFT, ESQ.
2647 Professional Circle, Suite 1203
Naples, Florida 34119
TABLE OF CONTENTS
16A 4
,,4
ARTICLE I DEFIN ITIONS ......... ............. ..................... ......... .................................................... I
1.1 Detini tions................................................................................................................. I
1.2 Interpretation and Flexibility...... .................. ................ .............................................8
ARTICLE I I DEVELOPMENT....... ..... ...... .............. ..................................................................8
2. I Development of Property .......... ................................................................................ 8
2.2 Development of Additional Property ................................................ ........................ 9
2.3 Common Areas and Limited Common Areas. .......................................................... 9
2.4 Development Plan. ...... ........ ...... .............................................................................. 10
2. 5 Sub-Neighborhood Associations............................................. ................................ II
2.6 Interest Subject to Plan of Development.................................................................11
2.7 Subdivision Plat ......................................................................................................] I
2.8 Withdrawal of Property........................................................................ ................... 12
2.9 Not a Condominium................................................................................................12
2.10 Amendment ............................................ ...... ........................................................... 12
ARTICLE III PROPERTY RIGHTS .............................. .......................................................... 12
3.1 General...... .............................................................................................................. 12
3.2 Use of Common Areas and Limited Common Areas. ............................................12
3.3 Title to Common Areas or Limited Common Areas............................................... 15
3.4 Changes in Boundaries; Additions to and Easements Over Common Areas
and Limited Common Areas ...................................................................................16
3.5 Obstruction of Common Areas and Limited Common Areas................................. 17
3.6 Assumption of Risk. ...... .................. ........................................................................ 17
3.7 Owner's Obligation to Indemnify. ...........................................................................17
3.8 Burden Upon the Property ......................................................................................17
3.9 Nonseverability of Rights ...... ................................................................................. 18
ARTICLE IV MEMBERSHIP .................................................................................................. 18
4.1 Membership in the Sub-Neighborhood Association ...............................................18
4.2 Membership in the Neighborhood Association ......................................................19
4.3 Notice of Voting Member; Multiple Ownership; Effect of Additional
Property on Voting Weights ..................................................................................19
4.4 Restrictions on Voting Rights Betore Turnover .....................................................19
4.5 Changes in Voting Rights .......................................................................................19
4.6 Membership in the Master Association...................................................................19
ARTICLE V RIGHTS AND OBLIGATIONS OF THE ASSOCIATION ..............................19
5.1 Common Areas .......................................................................................................19
5.2 Personal Property and Real Property tor Common Use.......................................... 19
5.3 Rules and Reb'1llations............................................................................................. 20
5.4 Implied Rights: Board Authorily ............................................................................20
5.5 Indemni fication ....................................................................................................... 20
5.6 Dedication of Common Areas and Limiled Common Areas..................................20
16A 4
~ 11
5.7 Neighborhood Control Program... ............... .... .............................. .......................... 21
5.S Powers of the Association Relating to Sub-Neighborhoods...................................23
5.9 Surface Water Rights ............... .......... ................ ............................................ ......... 23
AR TlCLE VI MAINTENANCE ..... ........... ................. ............ .................................... ............. 23
6.1 Responsibilities of Owners .......... .............. ............... .............................................. 23
6.2 Sub-Neighborhood Associations' Responsibility ...................................................23
6.3 Neighborhood Association's Responsibility. .............................................. ............24
6.4 Owner's Responsioi I ity .................................................................. .........................26
6.5 Neighborhood's Rcsponsibi I ity............................................................................... 27
AR Tl C LE VII EASE M ENTS........................... ........................................................................ 27
7.1 Access Easements.......................... ......................................................................... 27
7.2 Easements for Declarant. .................................. ...................................................... 27
7.3 Easement fCJr Utili lies and Public Services; Disclaimers as to Electrical
and Water Transmission Lincs. ................. .............................................................. 28
Easements f()r Master Association, CDD, Neighborhood Association and
Sub- Neighborhood Associations............................................................................. 29
Sales and Construction Otlices ........................................................... .................... 30
Easement lor Additional Property........ ................................................................... 30
Maintenance Easement............................................................................................ 3 I
Easements for Encroachments ...................... ........................................... ............... 31
Easement lor Bulk Services . ...................................................................................32
Creation of Easements........................................................................ .....................32
Development Easement...................... ..................................................................... 32
7.4
7.5
7.6
7.7
7.8
7.9
7.10
7.11
ARTICLE VlII SURFACE WATER MANAGEMENT SYSTEM, WATER USE
AN D PRES ER VE AREAS....................................................................................................... 33
Sol Maintenance of Surface Water Management System .............................................33
8.2 Notices and Disclaimers as to Water Bodies ..........................................................34
8.3 Indemnification. ...................................................................................................... 35
8.4 Amendments to Declaration.................................................................................... 36
8.5 Comprehensive Service Agreement.................. ...................................................... 36
8.6 Preserve Areas Maintenance and Protection...........................................................36
8.7 Preservation Easement............................................................................................ 36
ARTICLE IX PLAYERS CLUB MANDATORY MEMBERSHIP ........................................37
9.1 Club Membership Requirements....... ... ........................... ... ................ ..37
9.2 Creation of the Lien and Personal Obligation lor the Club Charges ......................38
9.3 Collection of Club Charges; Effect of Non-Payment of Club Charges; the
Personal Obligation of the Owner; the Lien; Remedies of the Club.......................38
Subordination of the Lien to Institutional First Mortgage............................ .39
Estoppel. ... ............................ ... ............ ......... ...................... ........ .39
Exempt Property...................................................................................................... 40
Club Membership Policies...................................................... ................................40
N on- Equity CI ub Membership................................................................................ 40
Notice of Transfer of Lot or Home ........................................................................AO
Documcnts to Grantecs. .......... ......... ........................... ............................................ 41
9.4
9.5
9.6
9.7
9.8
9.9
9.10
II
16A,
9.1 I Disclosures Upon Sale of Lot or Home. .................................................................41
ARTICLE X ADMINISTRATION ..........................................................................................40
10.1 Common Areas and Limited Common Areas.........................................................40
10.2 Control by Declarant ...............................................................................................41
10.3 Duties and Powers ....... ...... ...... ......... ............. ......... ...... ......... .......... ...... .......... ........ 41
10.4 Agreements............ ...... ... ............ ..... ....... ... ... """ ... ...... ... ... ...... ... ..... .......... ..... ......... 41
10.5 Insurance. .... ... ....... ...... ..... ... ...... ...... ... .... ...... ...... ...... ...... ...... ... ... ..... ............ ... ...... ... 42
10.6 Personal Property and Real Property ......................................................................43
10.7 Rules and Regulations ... ............... ............ .......... ........... ... ......... .................. ........ ....43
10.8 Indemnification ............... ...... ... ...... ...... .................................... ... ... .........................43
ARTICLE XI ASSESSMENTS ................................................................................................44
11.1 Pwpose of Assessments ..........................................................................................44
11.2 Creation of Lien and Personal Obligation of Assessments.....................................44
11.3 Computation of Annual Assessments .....................................................................44
11.4 Special Assessments..... ............... ... ......... ...... ... ............... ......... ........ ............. ... ....... 46
11.5 Individual Assessments ...... ............ ................... ......... ........ ...... ... ..... ...... ....... ... .......46
11.6 Expenses and Sub-Neighborhood Expenses ...........................................................47
11.7 Liens ................ ......... ...... ... ... ............ ... ................ ......... ..... ............ ..... ... .................. 47
11.8 Effect of Nonpayment; Remedies of the Association. ............................................47
11.9 Certificate ...... ...... ...... ...... ... ... ... ... ... ... ... ....... ......... ...... ........... ... ..............................49
11.10 Date of Commencement of Annual Assessments; Declarant's Rights and
Obligations and Guarantee............................................. ..... .................49
11.11 Common Areas and Limited Common Areas and Certain Other Property.............50
11.12 Capital Contributions. .............................................................................................50
I 1.13 Use of Reserves. ......................................................................................................50
11.14 Mortgagee Foreclosure. .................... .......................... ........ ................. ................ .... 50
ARTICLE XII ARCHITECTURAL STANDARDS AND USE RESTRICTIONS................. 5 I
12.1 Purpose.. ............ ...... ...... ......... ... """ ............. ... ......... ......... ... ... ..... ........... ..... ...........51
12.2 Restrictions Applicable to Buildings and Other Improvements..............................51
12.3 General Restrictions. ........ ...... .......... ..... ....... ...... ...... ......... ........ ... '" ..... ... ....... ......... 57
ARTICLE XIII RULE MAKING .............................................................................................63
13.1 Rules and Regulations ....................................... ....... ........... ......... ................ ........ ... 63
13.2 Authority and Enforcement .......... ......... ................... ... ... ................... ...................... 64
13.3 Procedure.... ............ ......... .................. ............. ... ... ...... ...... ..... ... ... .............. ..... .........64
ARTICLE XIV GENERAL PROViSIONS..............................................................................65
14.1 Control by Declarant ...............................................................................................65
14.2 Amendments by Declarant ... ............ ... ... .......... ...... ......... ................ ...... ... ........ ... "" 65
14.3 Amendment by Neighborhood Association ............................................................66
14.4 Enforcement ...... ...... ......... ... ..... ... ... ... ... ... ....... ... ......... ..... ...... ... .......... ...... ...... ..... ....67
14.5 Duration....... ... ... .................. ..... ................... ...... ... ................. ... ........ ... .................... 67
14.6 Interpretation........................................................................................................... 68
14.7 AssignmenL... .................... ...... ...... .... ................................ ... ..... ... ...... ................ ....68
14.8 Gender and Grammar ...... ................................. ...... ...... ... ........ ............. ... ............ .... 68
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14.9 Severability................ ... ..... .............................. ...... .................. ........ ... ........... ......... 69
14.10 Rights of Third Parties ............................................................................................ 69
14.1] Notice of Sale, Lease or Mortgage..........................................................................69
] 4.] 2 No Trespass ... ...... .... ............. .......... ................................. ........................................ 69
14.13 Notices... .......... ..... ......... ... .... ..................... ......... ..................... ................................ 69
J 4.14 Plats ........ ................... ...... ............... ... ......................................................................70
14.15 Use of Lakoya Name...............................................................................................70
14.16 Disclaimer as to Site Plan. ......................................................................................70
14. J 7 Exhibits ......... ............................. ... ..........................................................................70
IV
DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS
FOR LAKOY A AT LEL Y RESORT
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THIS DECLARATION OF COVENANTS, CONq}TIONS AND RESTRICTIONS
FOR LAKOY A AT LEL Y RESORT is made as of this {traay of ~~ ,20] I by
STOCK DEVELOPMENT, LLC, a Florida limited liability company ("Declar ').
WIT N E SSE T H:
WHEREAS, Declarant is the Owner of certain real property located in Collier
County, Florida, as more particularly described in Exhibit "A" ("Initial Propertv"), and
Declarant desires to subject the Initial Property to the provisions of this Declaration and to
provide a flexible and reasonable method for the administration and maintenance of the Initial
Property; and
WHEREAS, as hereinafter provided in this Declaration, Declarant has retained and
reserved the right to submit additional real property ("Additional Property") to the provisions
of this Declaration, at a later time and from time to time, as part of Lakoya Community, as
hereinafter defined, on such terms and conditions as Declarant may specify; and
NOW, THEREFORE, Declarant hereby declares that the Initial Property and any
Additional Property (collectively, the "Property") shall be held, transferred, sold, conveyed,
leased, occupied and used subject to the following easements, restrictions, covenants, charges,
liens and conditions which are for the purpose of protecting the value and desirability of and
which shall touch and concern and run with title to the Property, and which shall be binding
on all parties having any right, title or interest in the Property or any portion thereof, and their
respective heirs, successors, successors-in-title and assigns, and shall inure to the benefit of
each owner thereof and where specifically provided herein, shall benefit such other parties or
properties as Declarant shall now or hereafter determine.
ARTICLE I
DEFINITIONS
1.1 Definitions When used in this Declaration the following capitalized terms
shall have the following meanings and all definitions shall be applicable to the singular and
plural forms of such capitalized terms:
1.1.1 "Additional Propertv" shall mean and refer to all or any portion of the
real property contained in Lakoya Community (not currently submitted 10 this
Declaration) and all improvements thereon, together with such other additional
property and all improvements thereon; and such other real property as Declarant shall
acquire from time to time and subjects to the terms of this Declaration by amendment
hereto recorded in the Public Records of Collier County, Florida, as more fully
described in Section 14.2.
1.1.2 "Architectural Review Board" or "ARB" shall mean and refer 10 the
committee which shall be appointed by the Association's Board of Directors to
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approve exterior and structural improvements, additions, changes and other matters
within the Property, all as provided in Article XII hereof.
1.1.3 "ARB Guidelines" shall mean the published guidelines and standards
concerning the architectural use of Ihe Property, and the construction of permitted
structures and improvements on the Property as authorized by this Declaration. Such
standards may be reasonably and more specifically determined and promulgated by
the Board or the Architectural Review Board in written policies, rules and regulations,
guidelines and standards.
1.1.4 "Articles of Incorooration" or "Articles" shall mean and refer to the
Articles of Incorporation of Lakoya at Lely Resort Neighborhood Association, Inc., as
amended from lime to lime, as filed with the Florida Secretary of State, and attached
hereto as Exhibit "8." The initial Articles are attached hereto for informational
purposes only and no amendment of this Declaration shall be required in the event the
Articles are amended from time to time pursuant to its terms.
1.1.5 "Assessment" shall mean and refer to those charges made by Ihe
Association from time to time against the Lots, Homes or Sub-Neighborhood
Associations in accordance with Article Xl of this Declaration, for the purposes and
subject to the terms set forth therein.
1.1.6 "Board of Directors" or "Board" shall mean and refer to the Board of
Directors of the Neighborhood Association, which is the governing body of the
Neighborhood Association.
1.1. 7 "Bulk Service Provider" shall mean any party contracting with the
Neighborhood Association to provide Owners with one or more Bulk Services.
Declarant, its affiliates, subsidiaries, joint venturers, associates, and partners may be a
Bulk Services Provider. With respect to any particular Bulk Services, there may be
one or more Bulk Services Providers.
1.1.8 "Bulk Service Svstems" shall mean all facilities, items and methods
required and/or used in order to provide Bulk Services to the Property. Without
limiting the foregoing, Bulk Services may include wires (fiber optic or other material),
conduits, passive and active electronic equipment, pipes, wireless cell sites,
computers, modems, satellite antennae sile(s), transmission facilities, amplifiers,
junction boxes, trunk distribution, drop cables, related apparatus, converters,
connections, head-end antennae, earth station(s), appurtenant devices, network
facilities necessary and appropriate to support provision of local exchange services
and/or any other item appropriate or necessary to support provision of Bulk Services
or bulk alarm services. Ownership and/or control of all of a portion of any part of the
Bulk Services may be bifurcated among network distribution architecture, system
head-end equipment, and appurtenant devices (e.g., individual adjustable digital units).
1.1.9 "Bulk Services" shall mean and refer to the transmission, conveyance,
or routing of voice, data, audio. video, or any other information or signals (including
cable or bulk alarm services) to a point or between and among points by or through
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".1
.
any electronic, radio satellite, cable, optical, microwave, or other medium or method
now in existence or hereinafter devised, regardless of Ihe protocol used for such
transmission or conveyance.
LLIO "Bvlaws of the Neighborhood Association" or "Bylaws" shall mean
and refer to those Bylaws of Lakoya at Lely Resort Neighborhood Association, Inc.,
which govern the administration and operation of the Neighborhood Association, as
Ihe same may be amended, modified or supplemented trom time to time, as attached
hereto as Exhibit "c. " The initial Bylaws are attached hereto for informational
purposes only and no amendment of this Declaration shall be required in Ihe event the
Bylaws are amended trom time to time pursuant to its terms.
LI.1 I "Capital Contribution" shall have the meaning set forth in Section
1.h!1 of this Declaration.
1.1.12 "CDD" shall mean and refer to the Lely Community Development
District, a community development district established and existing pursuant to
Chapter 190, Florida Statutes.
1.1.13 "COD Propertv" shall mean any real and/or personal property owned
by CDD within or adjacent to the Property. By way of example, and not of limitation,
the CDD Property may include the drainage system, waterlines, sewer lines and
facilities and surrounding hardscape (such as curbing and sidewalks), the lake and
maintenance easements.
L 1.14 "Club" shall mean the Players Club and Spa, LLC, a Florida limited
liability company, its aftiliates or designees, or its successors; or a successor-in-title to
the Club Property, and in the event of a transfer of title to the Club Property, such
successor shall have all of the rights of the Players Club and Spa, LLC and the Players
Club and Spa, LLC and Declarant will be released of all liability hereunder.
1.1.15 "Club Charges" shall mean and refer to all dues, fees, use charges and
other charges including the membership purchase price, required to be paid by a Club
Member to obtain and maintain Club Membership.
1.1.16 "Club Member" shall mean and refer to any person entitled to
membership in Ihe Club, as provided herein and in the Club Plan.
1.1.17 "Club Membership" shall mean and refer to the license granted to Club
Members under the Club Plan.
LI.I8 "Club Plan" shall mean and refer to the Club Membership Plan, Club
Rules and Regulations and Club Membership Agreement promulgated by the Club
relating to Club Membership and use of the Club Property, all as may be amended
trom time to time.
1.1.1 9 "Club Property" shall mean and refer to the real property now owned or
to be owned by the Declarant or the Club for recreational purposes, including without
limitation the health and titness tacilities, swimming pool, tennis and related
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16A4 ..
recrealional and ancillary tacilities (without any food or beverage facilities or
services). if any such improvements are constructed.
1.1.20 "Common Areas" shall mean and refer to all real property interests and
personalty including any improvements. amenities. easements, fixtures and tacilities
thereon owned, dedicated. leased, controlled or operated by the Neighborhood
Association or to which the Neighborhood Associalion accepts maintenance
responsibilities, or the use of which. has been granted to the Neighborhood
Association as set forth in this Declaration or an amendment thereto, or a deed of
conveyance, or that hereafter may be conveyed or leased to the Neighborhood
Association or to which use rights have been granted to the Neighborhood
Association. For example, the Common Areas may include, without limitation,
community signage, open space areas, internal butTers, landscape areas, unimproved
maintenance areas, easement areas or other property owned by others, Neighborhood
Control Program, electronic gates, gatehouses, maintenance areas, water founlains,
water features, Roads, streets, rights-ot~way dedicated to a public body but which the
Neighborhood Association is required to or may elect to maintain. parking lots,
walkways, sidewalks, street lighting, signage, lighting, pocket parks, gardens,
Recreational Facitlities and Ihe Surtace Water Management System, if any. The
designation of any land and/or improvements as Common Areas shall not mean or
imply that the public at large acquires any easement of use or enjoyment therein.
Declarant may, but shall not be required to, designate and convey other property to the
Neighborhood Association.
1.1.21 "Condominium Act" shall mean Chapter 7 18 of the Florida Statutes in
effect on the date any portion of the Property is submitted to condominium ownership
and is filed as such in the Public Records of the County.
1.1.22 "Condominium Association" shall mean and refer to a corporation
whose shareholders or members are comprised entirely of Owners of any portion of
the Property which shall be established pursuant to the Condominium Act.
1.1.23 "Condominium Declaration" shall mean and refer to any instrument or
document, and any amendments thereto, which is recorded in the Public Records of
the County with respect to any portion of the Property and which creates a
Condominium Association for such portion of the Property.
1.1.24 "Countv" shall mean Collier County, Florida.
1.1.25 "Declarant" shall mean and reter to Stock Development, LLC, a
Florida limited liability company, or any such corporation, partnership, limited
liability company or other entity which is its successor or is specifically assigned the
rights of the "Declarant" under this Declaration.
1.1.26 "Declaration" shall mean and reter to this Declaration of Covenants,
Conditions and Restrictions for Lakoya at Lely Resort Community and all
amendments thereof tiled for record in the Public Records of Collier County, Florida.
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t'wtslOl.:k lakpya neighhorhuudJl'C II
1.1.27 "Designated Merchant Builder" shall mean and refer to thO~ b~dd. 4
developers and/or subdevelopers desih'l1ated by Declarant, in writing, as exempt from
the definition of Owners. subject to the conditions set forth in subsection (H) below.
1.1.28 "Development Order" shall mean and refer to the Development Order
adopled by the County, as Resolution No. (i) 85-3. dated May 21. 1985. (ii) 85-249
dated November 26. 1985, (iii) 91-5. dated January 8, 1991and (iv) 92-166 dated
March 10, 1992; as now or hereafter amended, modified and supplemented.
1.1.29 "Development Ordinance" shall mean and refer to Lely Planned Home
Development Ordinance. adopted by the County as Resolution No. (i) 85-17, dated
May 21.1985, (ii) 91-29 dated March 26,1991, (iii) 92-15 dated March 10. 1992 and
(iv) 07-72 dated November 13. 2007. as now or hereinafter amended, modified and
supplemented.
1.1.30 "Expenses" shall mean and refer to all actual and estimated
expenditures made or incurred by or on behalf of the Neighborhood Association,
together with all funds assessed for the creation or maintenance of reserves, if any,
pursuant to the provisions of this Declaration.
1.1.31 "Foreclosure" shall mean and refer to, without limitation. the judicial
foreclosure of a Mortgage or the conveyance of secured property by a deed in lieu of a
judicial foreclosure.
1.1.32 "Home" shall mean and refer to a residential home and appurtenances
thereto constructed on the Lot within the Lakoya Community unless otherwise
specified, including without limitation, single family dwellings, townhouse dwellings,
condominium units, coach homes, patio homes or cluster homes, whether detached or
attached, or otherwise. located within the Property. The term "Home" includes any
interest in land. improvements or other property appurtenant to the Home.
1.1.33 "Initial Property" shall mean and refer to that certain real property more
particularly described on Exhibit "A", and all improvements thereon; that are
submitted and subjected to the provisions of this Declaration.
1.1.34 "Institutional Mortgage" shall be deemed to mean a Mortgage held by a
bank. trust company, insurance company, pension fund or other recognized lending
institution, or by an institutional or governmental purchaser of mortgage loans in the
secondary market. such as Federal National Mortgage Association or Federal Home
Loan Mortgage Corporation, and the holder of any Mortgage of public record given or
assumed by Declarant. and the successors of any of the fixegoing.
1.1.35 "Lakova Communitv" shall mean and refer to the Total Property.
1.1.36 "Limited Common Areas" shall mean and refer to all real property
including any improvements, amenities. fixtures and facilities thereon. owned by,
leased to, or the use of which has been h'fanted to the Neighborhood Association as set
forth in this Declaration or an amendment thereto specifically designated as Limited
Common Areas, 10 which the access and use thereof is limited to and for the primary,
l'\\t :'(("Il'k lakoya neighborhooddL"C1 t
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non-exclusive use and enjoyment the Owners of the Lots or Homes, as the case may
be, in particular Sub-Neighborhood. and to the family, tenants, agents. guests or
invitees of each such Owner. For example, the Limited Common Areas may include.
without limitation. driveways. parking areas, drainage systems, patios. and certain
front, rear and side yards. The Limited Common Areas shall be maintained by the
Neighborhood Association. The expenses incurred by the Neighborhood Association
for the maintenance, operation, repair and upkeep of the Limited Common Areas shall
be a Neighborhood Expense assessed to the Owners.
1.1.37 "Lot" shall mean and refer to any unimproved portion of the Property
(and a subdivided lot of record) upon which it is intended that a Home shall be
constructed. Upon completion of construction of the Home or a Lot. such Lot and the
improvements thereon shall collectively be considered 10 be a Home fix purposes of
this Declaration.
1.1.38 "Master Association" shall mean the Lely Resort Master Property
Owners Association, Inc., a Florida not-for-profit corporation.
1.1.39 "Member" shall mean and refer to any member of the Neighborhood
Association, which shall include each Owner of a Lot or Home and Declarant.
1.1.40 "Mortgage" shall mean and refer to a mortgage, installment land sales
contract or other similar security instrument granting, creating or conveying a lien
upon, or a security interest in, a Lot. Home or Neighborhood.
1.1.41 "Mortgagee" shall mean and refer to the holder of a Mortgage.
1.1.42 "Neighborhood Association" shall mean and refer to Lakoya at Lely
Resort Neighborhood Association, Inc., a Florida not-for-profit corporation, its
successors and assigns.
1.1.43 "Neighborhood Control Program" shall mean any electronic
surveillance and/or monitoring system intended to control access, provide alarm
service, and/or enhance the welfare the Property. By way of example, and not of
limitation, the term Neighborhood Control Program may include one or more
electronic entrance gates, gatehouses, a bulk alarm contract or any combination
thereof. THE PROVISION OF A NEIGHBORHOOD CONTROL PROGRAM
SYSTEM (INCLUDING ANY TYPE OF GATEHOUSE) SHALL IN NO MANNER
CONSTITUTE A WARRANTY OR REPRESENTATION AS TO THE PROVISION
OF OR LEVEL OF SECURITY WITHIN THE PROPERTY. DECLARANT AND
THE NEIGHBORHOOD ASSOCIATION DO NOT GUARANTEE OR WARRANT,
EXPRESSLY OR BY IMPLICATION, THE MERCHANTABILITY OR FITNESS
FOR USE OF ANY COMMUNITY CONTROL PROGRAM SYSTEM, OR THAT
ANY SUCH SYSTEM (OR ANY OF ITS COMPONENTS OR RELATED
SERVICES) WILL PREVENT INTRUSIONS, FIRES, OR OTHER
OCCURRENCES, REGARDLESS OR WHETHER OR NOT THE COMMUNITY
CONTROL PROGRAM SYSTEM IS DESIGNED TO MONITOR THE SAME.
EACH AND EVERY OWNER AND THE OCCUPANT OF EACH HOME
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Ir.J
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ACKNOWLEDGES THAT DECLARANT AND THE NEIGHBORHOOD
ASSOCIATION, THEIR EMPLOYEES, AGENTS, MANAGERS. DIRECTORS,
AND OFFICERS, ARE NOT INSURERS OF OWNERS OR HOMES, OR THE
PERSONAL PROPERTY LOCATED WITHIN HOMES. DECLARANT AND
NEIGHBORHOOD ASSOCIATION WILL NOT BE RESPONSIBLE OR LIABLE
FOR LOSSES, INJURIES. OR DEATHS RESULTING FROM ANY SUCH
EVENTS.
1.1.44 "Occupant" shall mean and refer to any person, including, without
limitation, any Owner or any guest, invitee, lessee, tenant or family member of an
Owner, occupying or olherwise using a Lot or Home within the Property.
1.1.45 "Owner" shall mean and refer to one or more persons, including
Declarant, who or which owns fee simple title to any Lot or Home.
I. 1.46 "Propertv" shall mean all of the real and personal property subject to
this Declaration.
1.1.47 "Recreation Facilities" at this time, Declarant is not intending to
construct recreational facilities, however, in the event Declarant elects to construct
recreational facilities, the term shall mean and refer to, without limitation, the
clubhouse and tennis, swimming, social, and other recreation facilities, if any, which
may, at the Declarant's sole and absolute discretion, be constructed within the
Property.
1.1.48 "Roads" shall mean and refer to any street or thoroughfare which is
constructed by Declarant within the Common Areas, and which is dedicated to the
Neighborhood Association, or to any governmental agency, whether same is
designated, for example, by way of illustration and not as limitation, as a street,
avenue, boulevard, drive, place, court, road, terrace, way, circle, lane, walk, or similar
designation.
1.1.49 "Rules and Regulations" shall mean the rules, regulations, and policies
for the administration and use of the Property, which may be adopted and enforced by
the Board from time to time.
1.1.50 "Special Assessments" shall mean those Assessments more particularly
described as Special Assessments in Section 11.4 hereof.
1.1.51 "Sub-Neil!hborhood" shall mean and refer to any portion of the
Property in which common elements, Common Areas or Limited Common Areas are
owned by either the Owners residing in such Sub-Neighborhood as tenants-in-
common, by a Sub-Neighborhood Association composed of such Owners, or as
otherwise designated as a Sub-Neighborhood set forth in a Sub-Neighborhood
Declaration.
1.1.52 "Sub-Neil!hborhood Association" shall mean and refer to any
governing condominium or homeowners' association, or other such corporation or an
7
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unincorporated association whose members are comprised entirely of Owners of Lots
or Homes within a Sub-Neighborhood.
1.1.53 "Sub-Neighborhood Declaration" shall mean and refer to any
instrument or document, and any amcndments thereto, which is recorded in the Public
Records of the County with respect to any Sub-Neighborhood and which creates a
condominium or property owners association fix such Sub-Neighborhood or imposes
specific covenants, conditions, easements and restrictions with respect to such Sub-
Neighborhood.
1.1.54 "Sub-Neighborhood Exoense" shall mean and refer to the expenses for
which the Owners of a particular Sub-Neighborhood are liable to the Neighborhood
Association, if any, which include the costs and expenses incurred by the
Neighborhood Association to benefit primarily the Owners of that particular Sub-
Neighborhood, and which are in addition to the Expenses.
1.1.55 "Surface Water Management System" shall mean the collection of
devices, improvements, or natural systems whereby surface waters are controlled,
impounded or obstructed. This tenn may include, but is not limited to, ex filtration
trenches, wetland preservation areas, canals, dams, impoundments, reservoirs,
drainage maintenance easements and all structures, works and/or improvements
defined in permits and/or referenced in Section 373.403 of the Florida Statutes to
extent the same exist within the Property. The Surface Water Management System
will be owned and maintained by the Master Association; however, in the event the
Neighborhood Association cannot maintain or relinquishes its responsibility of
maintaining the Surface Water Management System, Neighborhood Association shall
be obligated to maintain the Surface Water Management System as provided in the
SFWMD permit.
1.1.56 "SFWMD" shall mean the South Florida Water Management District.
1.1.57 "Turnover" shall have the meaning set forth in Section 10.2 of this
Declaration.
1.2 Interpretation and Flexibility. In the event of any ambiguity or question as
to whether any person, entity, property or improvement falls within any of the definitions set
forth in this Article I. the determination made by Declarant in such regard (as evidenced by a
recorded Neighborhood Declaration stating same) shall be binding and conclusive. Moreover,
Declarant may, also by way of Sub-Neighborhood Declaration made in accordance with this
Declaration, alter, amend or supplement the application of any portiones) of this Declaration
to specific portiones) of the Property in order to reflect any unique characteristics thereof
ARTICLE II
DEVELOPMENT
2.1 Development of Property. Declarant shall have the right, but not the
obligation, for so long as Declarant owns any Lot or Home primarily for the purpose of sale,
to make improvements and changes to all Common Areas, Limited Common Areas and to all
Lots or Homes owned by Declarant, including without limitation: (i) installation and
1,'\\'1 stock lakoya nc:ighborhnoJdl'C II
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maintenance of any improvements in and to the Common Areas and Ihe Limited Common
Areas; (ii) changes in the location of the boondaries of any Lots or Homes owned by
Declarant or of the Common Areas or the Limited Common Areas; and (iii) changes in Ihe
maintenance of any water, sewer, drainage, irrigation or other utility system or facilities.
ANY SITE PLAN OF LAKOY A IS CONCEPTUAL ONLY AND FOR THE
CONVENIENCE OF REFERENCE. IT SHOULD NOT BE RELIED UPON AS
REPRESENTATION, EXPRESS OR IMPLIED, OF THE FINAL SIZE, LOCATION OR
DIMENSIONS OF ANY LOT OR BUILDING AREA. THE DECLARANT EXPRESSLY
RESERVES THE RIGHT TO MAKE ANY MODIFICATIONS, REVISIONS, AND
CHANGES IT DEEMS DESIRABLE IN ITS SOLE AND ABSOLUTE DISCRETION OR
AS MAY BE REQUIRED BY LAW OR GOVERNMENTAL BODIES.
Declarant's general development plan of Lakoya shall occur in phases, as determined by Ihe
Declarant in its sole discretion. The Site Plan currently depicts one hundred forty nine (] 49)
Lots and future land to be subdivided and developed. Additional Lots shall be subdivided
from time to time, in Declarant's sole discretion. Declarant intends that certain Lots
contained within the Property may be grouped together in Sub-Neighborhoods, which will be
administered by Ihe Neighborhood and/or a Sub-Neighborhood Association.
2.2 Development of Additional Property. Prior to Turnover, the Declarant may
subject Additional Property to this Declaration, including without limitation, Common Areas,
Limited Common Areas, Recreational Facilities, Roads, vacant lands, and property of all
types, including undeveloped lands, platted subdivisions, and lots by recording in the public
records of the County, by an amendment to this Declaration describing the property to be
submitted to Ihis Declaration and selling forth any use restrictions, voting rights, maintenance
requirements, user fees, dues, or other provisions pertaining to such additional property, if
any. Despite the fact that Declarant's submission of additional property to this Declaration
may result in an overall increase in the Expenses, and a resulting increase in the Assessments
payable by each Lot or Home, or may result in an increase in the total number of votes or
Members in the Neighborhood Association, the Declarant shall not be required to obtain the
joinder or consent of the Neighborhood Association, any Lot or Home Owner, any other
party, or any Mortgagee except for the approval, if required, of Ihe County or any other
government authority having jurisdiction. Any property submitted to this Declaration by
amendment, shall be included in the term "'Property"', and shall be part of the Lakoya
Community. In no event shall Declarant be obligated to submit any Additional Property to the
provisions of this Declaration.
2.3 Common Areas and Limited Common Areas.
2.3.1 Common Areas and Limited Common Areas Generally,
NOTWITHSTANDING ANYTHING HEREIN CONT AINED TO THE
CONTRARY, THE DEFINITIONS OF "'COMMON AREAS" AND "'LIMITED
COMMON AREAS" AS SET FORTH IN THIS DECLARATION ARE FOR
DESCRIPTIVE PURPOSES ONLY AND SHALL IN NO WAY BIND OR
OBLIGA TE DECLARANT TO CONSTRUCT OR SUPPLY ANY SUCH ITEM AS
SET FORTH IN SUCH DESCRIPTION. FURTHER, NO PARTY SHALL BE
ENTITLED TO RELY UPON SUCH DESCRIPTION AS A REPRESENT A TION
9
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OR WARRANTY AS TO THE EXTENT OF THE COMMON AREAS Al ~~ 4
LIMITED COMMON AREAS TO BE OWNED. LEASED BY OR DEDICATED TO
THE NEIGHBORHOOD ASSOCIATION. EXCEPT AFTER CONSTRUCTION
AND DEDIC A TION OR CONVEYANCE OF ANY SUCH ITEM. In addition. the
fi.,lIowing provisions shall be applicable to the Common Areas.
2.3.2 Establishment of Common Areas and Limited Common Areas.
Declarant may in its sole discretion, establish Common Areas and Limited Common
Areas for recreational. maintenance, utilities, access, ingress, egress. or other
purposes. The Common Areas and the Limited Common Areas shall be only that
property designated as such by Declarant in this Declaration, an amendment. deed
conveying the Common Areas or Limited Common Areas to the Neighborhood
Association or other written instrument recorded in the Public Records of Collier
County, Florida. including any improvements and fixtures thereon, owned by. leased
to. or the use of which has been !,'Tanted to the Neighborhood Association as set forth
in this Declaration or an amendment. Prior to the conveyance. identification and/or
dedication of the Common Areas or the Limited Common Areas to the Neighborhood
Association, any portion of the Common Areas and the Limited Common Areas
owned by Declarant shall be operated. maintained, and administered at the sole cost of
the Neighborhood Associalion or Sub-Neighborhood Association for all purposes and
uses reasonably intended. as Declarant in its sole discretion deems appropriate.
During such period. Declaranl shall operate. and administer the Common Areas and
Limited Common Areas without interference from any Owner or Lender of a Lot or
Home or any other person or entity whatsoever. Owners shall have no right in or to
any Common Areas or Limited Common Areas referred to in this Declaration unless
and until same are actually constructed, completed, and conveyed to, leased by.
dedicated 10, and/or maintained by the Neighborhood Association or Sub-
Neighborhood Association. THE CURRENT CONCEPTUAL PLANS AND/OR
REPRESENTATION, IF ANY REGARDING THE COMPOSITION OF THE
COMMON AREAS AND LIMITED COMMON AREAS ARE NOT A
GUARANTEE OF THE FINAL COMPOSITION OF THE COMMON AREAS OR
LIMITED COMMON AREAS. DECLARANT HAS NO OBLIGATION OR
RESPONSIBILITY TO CONSTRUCT OR SUPPLY ANY SUCH COMMON
AREAS OR LIMITED COMMON AREAS OF THE NEIGHBORHOOD
ASSOCIATION, AND NO PARTY SHALL BE ENTITLED TO RELY UPON ANY
STATEMENT CONTAINED HEREIN AS A REPRESENTATION OR
WARRANTY AS TO THE EXTENT OF THE COMMON AREAS OR THE
LIMITED COMMON AREAS TO BE OWNED, LEASED BY. OR DEDICATED
TO THE NEIGHBORHOOD ASSOCIATION. DECLARANT, SO LONG AS IT
CONTROLS THE NEIGHBORHOOD ASSOCIATION, FURTHER
SPECIFICALLY RETAINS THE RIGHT TO ADD TO, DELETE FROM, OR
MODIFY ANY OF THE COMMON AREAS OR LIMITED COMMON AREAS
REFERRED TO HEREIN.
2.3.3 Property Owned by Others. The Neighborhood Association may
enter into easement agreements or other use or possessory agreements whereby the
Neighborhood Association may obtain the use or possession of certain real property
not owned by Declarant. on an exclusive or non-exclusive basis, and included or not
10
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.L6A4
included within Property, tor certain specified purposes and whereby the
Neighborhood Associalion agrees to maintain and pay for the laxes, insurance,
administration, upkeep, repair, replacement and maintenance of such property. The
atorestated expenses shall be an Expense or Neighborhood Expense, as the case may
be, whether or not such real property shall be Common Areas or Limited Common
Areas. Prior to Turnover. no such agreement shall be entered into without the prior
written consent of Declarant, which consent may be withheld in Declarant's sole
discretion.
..
2.4 Development Plan. Declarant has established an overall Development Plan, as
more particularly described in this Article 2. However, notwithstanding the above, or any other
documents, brochures or plans, Declarant reserves the right to modify the Development Plan for
Development (as set torth in this Declaration) or any site plan at any time as it deems desirable
in its sole discretion and in accordance with applicable laws and ordinances. WITHOUT
LIMITING THE FOREGOING, DECLARANT AND/OR BUILDERS MAY PRESENT TO
THE PUBLIC OR TO OWNERS RENDERINGS, PLANS, MODELS, GRAPHICS,
TOPOGRAPHICAL TABLES, SALES BROCHURES, OR OTHER PAPERS RESPECTING
LAKOYA AT LELY RESORT. SUCH RENDERINGS, PLANS, MODELS, GRAPHICS,
TOPOGRAPHICAL TABLES, SALES BROCHURES, OR OTHER PAPERS ARE NOT A
GUARANTEE OF HOW LAKOY A WILL APPEAR UPON COMPLETION AND
DECLARANT RESERVES THE RIGHT TO CHANGE ANY AND ALL OF THE
FOREGOING AT ANY TIME AS DECLARANT DEEMS NECESSARY IN ITS SOLE AND
ABSOLUTE DISCRETION.
2.5 Sub-Neighborhood Associations. It is presently contemplated that there may
be established by Declarant Sub-Neighborhood Associations limited to the Owners of Lots or
Homes within particular Neighborhoods located within the Property as are designated by
Declarant. Such Neighborhoods may be subject to Neighborhood Declarations which impose
covenants and restrictions which are in addition to those imposed hereby, and such Sub-
Neighborhood Associations may levy additional Assessments and make and enforce
supplemenlary covenants, restrictions, rules and regulations with respect to such
Neighborhoods.
2.6 Interest Subject to Plan of Development. Every purchaser of a Lot or Home
shall purchase such Lot or Home, and every Mortgagee and lien holder holding an interest
therein shall take title, or hold such security interest with respect thereto, subject to
Declarant's right to add Additional Property to the Property as hereinabove provided. Any
provision of this Declaration to the contrary notwithstanding, the provisions set forth in this
Article II may not be abrogated, moditied, rescinded, supplemented or amended in whole or
in part without the prior written consent of Declarant.
2.7 Subdivision Plat. Declarant reserves the right to record, modify. amend,
revise and add to, at any time and from time to time, one or more subdivision plats or
resubdivision plats setting forth such information as Declarant may deem necessary with
regard to the Property, including without limitation the locations and dimensions of the Lots,
Homes, Neighborhoods, Common Areas, Limited Common Areas, Additional Property,
roads, utility systems, drainage systems, utility easements, drainage easements, access
easements and set-back line restrictions.
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2.8 Withdrawal of Property. Declarant may, at any time and from ti~e ~t~e, 4
withdraw any portion of the Property fi-om the provisions of this Declaration as a result of any
change whatsoever in Declarant's plans f()r Lakoya Community, without the joinder or
consent of any party other than the Owners of that portion of the Property to be withdrawn.
Any withdrawal of any portion of the Property shall not result in a material adverse change to
the overall unifonn scheme of development for the Lakoya Community. Declarant shall
withdraw portions of the Property from the provisions of this Declaration by executing an
amendment to this Declaration which shall be filed in the Public Records of the County,
together with a legal description of that portion of the Property withdrawn by such
amendment.
2.9 Not a Condominium. The Neighborhood Association created pursuant to this
Declaration and the Articles of Incorporation of the Neighborhood Association is expressly
not intended to be a condominium association and is not created in accordance with the
Condominium Act. Notwithstanding the foregoing, Declarant may, in its sole and absolute
discretion, elect to (i) submit certain Lot(s) to condominium ownership pursuant to the
Condominium Act, and (ii) withdraw any portion of the Property from the provisions of this
Declaration and submit said portion of the Property to a condominium form of ownership in
accordance with the Condominium Act. Any such Lots submitted to condominium ownership
shall be subject to a Condominium Declaration and to all of the tenns, covenants, conditions,
restrictions, easements, liens and charges set f()rth in this Declaration.
2.10 Amendment. This Article shall not be amended without the prior written
consent of the Declarant or Neighborhood Association after Turnover.
ARTICLE III
PROPERTY RIGHTS
3.1 General. Subject to the right of Declarant to submit Lot(s) to condominium
ownership in accordance with Section 2.9, each Lot and Home shall for all purposes
constitute real property which shall be owned in fee simple and which, subject to the
provisions of this Declaration, may be conveyed, transferred and encumbered the same as any
other real property. Each Owner shall be entitled to the exclusive ownership and possession
of his Lot or Home, subject to the provisions of this Declaration, including without limitation,
the provisions of Section 2.9 and this Article III. The ownership of each Lot and Home shall
include, and there shall pass with each Lot and Home as an appurtenance thereto, membership
in the applicable Sub-Neighborhood Association, if any. Each Owner shall automatically
become a member of the applicable Sub-Neighborhood Association and shall remain a
member thereof until such time as his ownership ceases for any reason, at which time his
membership in the Sub-Neighborhood Association shall automatically pass to his successor-
in-title to his Lot or Home. Lots shall not be subdivided, and, except as provided in Sections
2.1 and 3.4 hereof, the boundaries between Lots shall not be relocated, unless the relocation
thereof is made with the consent of Declarant, so long as Declarant owns a Lot or Home
primarily for the purpose of sale. Notwithstanding the foregoing, nothing herein shall prohibit
the combination of two or more Lots into a larger Lot in order to create a Home site larger
than one Lot.
3.2 Use of Common Areas and Limited Common Areas.
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(a) Until Tumovcr, Declarant shall have the right to use any portion of the
Common Areas and the Limited Common Areas. without charge, tc)r any purpose deemed
appropriate by Declarant.
(b) Every Owner shall have a non-exclusive right, privilege and easement
of use and enjoyment in and to the Common Areas and the Limited Common Areas, subject
to this Declaration as it may be amended fi-om time to time, and subject to any restrictions or
limitations contained in this Declaration or in any deed conveying such property to the
Neighborhood Association. Any Owner may delegate his or her right of enjoyment to the
members of his or her family, tenants, and social invitees subject to reasonable regulation by
the Board, and in accordance with procedures which it may adopt. An Owner who leases his
or her Home shall be deemed to have delegated all such rights to the Home's lessee. The
rights and easements of enjoyment created hereby shall be subject to the following:
3,2.1 The right of the Neighborhood Association, acting through the
Board, to mortgage, pledge, or hypothecate any or all of its real and personal property
as security for money borrowed or debts incurred.
3.2.2 The right of the Neighborhood Association to take such steps as are
reasonably necessary to protect the Common Areas and the Limited Common Areas
against Foreclosure.
3.2.3 The right of the Neighborhood Association to suspend:
(i) the right of an Owner to use Recreational Facilities, if any within
the Common Areas for any period during which an Assessment or any
other monetary obligation against such Owner's Home remains
delinquent; and
(ii) the enjoyment rights and easements of any Owner for a single
violation or for any continuing violation (other than a delinquent
Assessment), of the Declaration, any applicable amendment, the
Articles, the Bylaws, or the Rules and Regulations of the Neighborhood
Association after notice and hearing pursuant to Ihe Bylaws.
3.2.4 The right of the Neighborhood Association to maintain the Common
Areas and the Limited Common Areas.
3.2.5 The right of the Board to adopt Rules and Regulations affecting the use
and enjoyment of the Common Areas and the Limited Common Areas, including,
without limitation. rules restricting use of Recreational Facilities within the Common
Areas to occupants of Homes and their guests and rules limiting the number of guests
who may use the Common Areas and the Limited Common Areas. The Board may
also promulgate procedures for the enforcement of the Rules and Regulations,
including, without limitation, the assessment of fines against Owners who violate the
restrictions and against Owners, whose family members, guests, invitees, licensees,
employees, or agents violale such restrictions. The fines will be levied as an Individual
Assessment as set forth in Section 11.5 hereof upon the Owner who violates the
restrictions. or upon the Owner whose family members, guests, invitees, licensees,
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...
employees, or agcnts violate the restrictions. BettHe any fine shall be effective, the
Owner shall be cntitled to notice and an opportunity to be heard before the Board.
Notwithstanding anything contained herein to the contrary, the foregoing shall be
subject to the provisions in the Bylaws which provide for the assessment of fines.
3.2.6 The Board shall have Ihe right to post motor vehicle speed limits
throughout the Common Areas, and to promulgate tratlic regulations for the Roads.
The Board may also promulgate procedures for the enfi)rcement of the tratlic
regulations, including, without limitation, the assessment of fines against Owners who
violate the traffic regulations and against Owners, whose family members, guests,
invitees, licensees, employees, or agents violate the traffic regulations. The fines will
be levied as an Individual Assessment as set forth in Section 11.5 hereof upon the
Owner who violates the traffic regulations, or upon the Owner whose finnily members,
guests, invitees, licensees, employees, or agents violate the traffic regulations. Before
any fine shall be effective, the Owner shall be entitled to notice and an opportunity to
be heard before the Board. Notwithstanding anything contained herein to the contrary,
the foregoing shall be subject 10 the provisions in the Bylaws which provide for the
assessment of fines.
3.2.7 The Board shall have the right to establish parking reb'1llations
throughout the Common Areas and the Limited Common Areas. The Board may also
promulgate procedures for the enforcement of the parking regulations, including,
without limitation, the assessment of fines against Owners who violate the parking
regulations and against Owners, whose family members, guests, invitees, licensees,
employees, or agents violate the parking regulations, The fines will be levied as an
Individual Assessment as set forth in Section 11.5 hereof upon the Owner who
violates the parking regulations, or upon the Owner whose family members, guests,
invitees, licensees, employees, or agents violate the parking regulations. Before any
fine shall be effective, the Owner shall be entitled to notice and an opportunity to be
heard before the Board. Notwithstanding anything contained herein to the contrary, the
foregoing shall be subject to the provisions in the Bylaws which provide for the
assessment of fines.
3.2.8 The right of the Neighborhood Association to dedicate or transfer aiL
or any part, of the Common Areas or the Limited Common Areas to any governmental
or quasi-governmental agency, authority, utility. water management or water control
district.
3.2.9 The restrictions contained on any plat, or filed separately, with respect
to all or any portion of the Property.
3.2.10 All of the provisions of ,this Declaration, the Articles, and Bylaws of
the Neighborhood Association and all exhibits thereto, and all Rules and Regulations
adopted by the Neighborhood Association, as same may be amended from time to
time.
3.2.11 The rights and easements reserved to Declarant in Sections 3.4. 5.7.3.
7.1.7.2.7.3.7.6.7.7. 7.9and 7.11 or as otherwise provided for in this Declaration.
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3.2.12 The right of the Neighborhood Association to granl and accept
easements as provided in Section 7.3 hereof and to dedicate or transfer fee simple title
to all or any portion of the Common Areas or the Limited Common Areas 10 Ihe
County. the State of Florida or to any other local, state or federal governmenlal entity.
or to any public agency or authority, public service district. public or private ulility, or
other person, with the consent of Declarant. f()r so long as Declarant owns any Home
or Lot.
3.2.13 The rights and easements reserved in Sections 3.3. 7.1. 7.3. 7.4. 7.7
and 7.9 hereof for the benefit of the Neighborhood Association, its directors, officers,
agents and employees.
3.2.14 The rights and easements reserved in Section 7.6 hereof for the benefit
of the Additional Property.
3.2.15 In case of any emergency originating in. or threatening the Property or
any Lot or Home, regardless of whether the Owner is present at the time of such
emergency. the Board, or any other person authorized by the Board, or the
management agent under a management agreement, shall have the right to enter the
Property or such Lot or Home, for the purpose of remedying. or abating, the cause of
such emergency. and such right of entry shall be immediate.
3.2.16 The right of the Declarant and/or the Neighborhood Association to
enter into easement al,'feements or other use or possession agreements whereby the
Owners, Bulk Service Providers. and/or the Neighborhood Association and/or others
may obtain the use, possession of: or other rights regarding certain property, on an
exclusive or non-exclusive basis. for certain specified purposes. The Neighborhood
Association may agree to maintain and pay the taxes. insurance, administration.
upkeep, repair. and replacement of such property, the expenses of which shall be
Neighborhood Association Expenses. Any such agreement by the Neighborhood
Association prior to Tumover shall require the consent of Declarant.
3.3 Title to Common Areas or Limited Common Areas
3.3.1 Declarant shall not be required to convey title to the Common Areas.
the Limited Common Areas or any portion thereof to the Neighborhood Association
until Turnover. Notwithstanding the manner in which title is held, the Neighborhood
Association shall be responsible f()r the management. maintenance, and operation of
the Common Areas and the Limited Common Areas, and for the payment of all real
estate taxes and other charges which are liens against the Common Areas or the
Limited Common Areas. from and after the recording of this Declaration. On or
before Turnover, the Declarant shall convey the Common Areas and Ihe Limited
Common Areas to the Neighborhood Association by quitclaim deed. The Declarant
shall not be required to provide any title insurance or other related title documents to
the Neighborhood Association in connection with Ihe conveyance of the Common
Areas and the Limiled Common Areas. The dedicalion, creation by easement, or
conveyance shall be subject to easements, restrictions, reservations, conditions,
limitations. and declarations of record, real estate taxes f,)r the year of conveyance.
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16A 4
zoning, land use regulations and survey matters. The Neighborhood Association shall
be deemed to have assumed and agreed to pay all continuing obligations and service
and similar contracts relating to the ownership operation, maintenance, and
administration of the conveyed portions of the Common Areas and the Limited
Common Areas and other obligations relating to the Common Areas and the Limited
Common Areas imposed herein. The Neighborhood Association shall. and does
hereby, indemnify and hold Declarant harmless on account thereof The
Neighborhood Association, by its joinder in this Declaration, hereby accepts such
dedication(s) or conveyance(s) without seton: condition, or qualification of any
nature. The Common Areas and the Limited Common Areas, personal property and
equipment thereon and appurtenances thereto shall be dedicated or conveyed in "as is,
where is" condition WITHOUT ANY REPRESENTATION OR WARRANTY,
EXPRESSED OR IMPLIED, IN FACT OR BY LAW, AS TO THE CONDITION,
FITNESS OR MERCHANTABILITY OF THE COMMON AREAS OR THE
LIMITED COMMON AREAS BEING CONVEYED. Declarant shall have the right
to assign and the Neighborhood Association shall have the obligation to assume all
responsibilities under any permits or governmental approvals affecting the Common
Areas and Ihe Limited Common Areas.
3.3.2 After the conveyance or dedication of any portion of the Common
Areas or the Limited Common Areas to the Neighborhood Association, the portion of
the Common Areas and the Limited Common Areas so dedicated shall be owned,
operated and administered by the Neighborhood Association for the use and benefit of
the owners of all property interests in Lakoya Community including, but not limited
to, the Neighborhood Association, Declarant, Owners and any Lenders. Subject to the
Neighborhood Association's right to grant easements, and other interests as provided
herein, the Neighborhood Association may not convey, abandon, alienate, encumber,
or transfer all or a portion of the Common Areas or the Limited Common Areas to a
third party without (i) if prior to Turnover, the approval of (a) a majority of the Board;
and (b) the consent of Declarant, or (ii) from and after Turnover, approval of (a)
seventy-five percent (75%) of the Board; (b) seventy-five percent (75%) of all of the
votes in the Neighborhood Association.
3.4 Changes in Boundaries; Additions to and Easements Over Common Areas
and Limited Common Areas. Declarant reserves the right to change and realign the
boundaries of the Common Areas, the Limited Common Areas, any Lots, Homes or
Neighborhoods owned by Declarant, including the realignment of boundaries between
adjacent Lots. Homes and/or Neighborhoods owned by Declarant. Declaranes right to
change the boundaries of Lots shall include the right to approve minor changes in Lot
boundaries after conveyance of Lots from Declarant, provided that the affected Owners
exchange deeds, in which event no other person nor the Neighborhood Association shall have
the right to consent to such modifications. Declarant's consent to such modification must be
in writing and any such modification must comply with governmental requirements.
Furthermore, Declarant reserves the right, but shall not have the obligation, to convey by quit-
claim deed to the Neighborhood Association at any time and from time to time, as an addition
to the Common Areas or the Limited Common Areas, such other portion of the Property as
Declarant, in its discretion, shall choose.
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3.5 Obstruction of Common Areas and Limited Common Areas. No portion
of the Common Areas or the Limited Common Areas may be obstrucled, encumbered, or used
by Owners for any purpose other than as permitted by Ihc Neighborhood Association and this
Declaration.
~
3.6 Assumption of Risk. Without limiting any other provIsIOn herein. each
person within any portion of the Common Areas or the Limited Common Areas accepts and
assumes all risk and responsibility for noise, liability, injury. or damage connected with use or
occupation of any portion of such Common Areas or Limited Common Areas, including.
without limitation, (a) noise from maintenance equipment, (b) use of pesticides, herbicides
and fertilizers, (c) view restrictions caused hy maturation oftrecs and shrubbery. (d) reduction
in pri vacy caused by the removal or pruning of shrubbcry or trecs within any portion of the
Common Areas or the Limited Common Areas and (e) design of any portion of the Common
Areas or the Limited Common Areas. The person also expressly indemnifies and agrees to
hold harmless Declarant, Ihe Neighborhood Association. and all employees, directors,
representatives, officers. agents, and partners of the fixegoing, from any and all damages,
whcther direct or consequential, arising fi-om or relatcd to the person's use of the Common
Areas or the Limited Common Areas, including for attorneys' fees, paraprofessional fees and
costs at trial and upon appeal. Without limiting the foregoing, all persons using the Common
Areas or the Limited Common Areas, including without limitation. any pool or area adjacent
to the lake. do so at thcir own risk. BY ACCEPTANCE OF A DEED, EACH OWNER
ACKNOWLEDGES THAT THE COMMON AREAS AND THE LIMITED COMMON
AREAS MAY CONTAIN WILDLIFE SUCH AS ALLIGATORS, FISH, SHARKS,
RACCOONS, DEER, FOWL, FOXES, POSSUMS AND BEARS. DECLARANT AND
THE NEIGHBORHOOD ASSOCIATION SHALL HAVE NO RESPONSIBILITY FOR
MONITORING SUCH WILDLIFE OR NOTIFYING OWNERS OR OTHER PERSONS OF
THE PRESENCE OF SUCH WILDLIFE. EACH OWNER AND HIS OR HER GUESTS
AND INVITEES ARE RESPONSIBLE FOR THEIR OWN SAFETY.
3.7 Owner's Obligation to Indemnify. Each Owner agrees to indemnify and
hold harmless Declarant and the Neighborhood Association, their officers, partners, agents,
employees, affiliates, directors and attorneys (collectively, "Indemnified Parties") against all
actions. injury, claims, loss, liability. damages, costs and expenses of any kind or nature
whatsoever ("Losses") incurred by or asserted against any of the Indemnified Parties fi-om and
after the date hereof. whether direct, indirect. or consequential, as a result of or in any way
related to the Common Areas or the Limited Common Areas, including, without limitation,
use of the lake and other water hodies within the Property by Owners, and their guests. family
members, invitees. or agents, or the interpretation of this Declaration and/or exhibits attached
hereto and/or from any act or omission of Declarant. the Neighborhood Association. or of any
of the Indemnified Parties. Should any Owner bring suit against Declarant, the Neighborhood
Association, or any of the Indemnified Parties for any claim or matter and fail to obtain
judgment therein against such Indemnified Parties, such Owner shall be liable to such parties
for all Losses, costs and expenses incurred by the Indemnified Parties in the defense of such
suit. including attorney's fees and paraprofessional fees at trial and upon appeal.
3.8 Burden Upon the Property. Declarant hereby declares that this Declaration
and the covenants. restrictions and easements established herein shall be covenants to run
with the land, and which shall inure to the benefit of and he binding upon each and every
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Owner and his or her respective heirs, representatives, successors. purchasers. letee9 A 4
grantees and mortgagees. By the recording or acceptance of Ihe conveyance of a Lot or Home
or any interest therein, the person or entity to whom such interest is conveyed shall be deemed
to accept and agree to be bound by the provisions of this Declaration and the Bylaws of the
Neighborhood Association.
3.9 Nonseverability of Rights. The rights, liabilities and obligations set forth
herein shall attach to and run with the ownership of any portion of the Property as more
specifically set fl1rlh herein and may not be severed or alienated from such ownership. The
transfer of the fee title to a Home or Lot. whether voluntary or by operation of law,
terminating the Owner's title to that Home or Lot shall terminate the Owner's rights to the use
of and enjoyment of the Common Areas and the Limited Common Areas as it pertains to that
Home or Lot. An Owner's rights and privileges under this Declaration are not assignable
separately from a Home or Lot. In the cvent that any Owner desires to sell or otherwise
transfer title of his or her Home or Lot, such Owner shall give the Board at least fourteen (14)
days prior written notice of the name and address of the purchaser or transferee, the date on
which such transfer of title is to take place, and such other information as the Board may
reasonably require. The transferor shall remain jointly and severally liable with the transferee
for all obligations of the Owner and the Home or Lot pursuant to this Declaration including,
without limitation, payment of all Assessments accruing prior to the date of transfer. Until
written notice is received as provided in this Section, the transferor and transferee shall be
jointly and severally liable for Assessment accruing subsequent to the date of transfer. In the
event that upon the conveyance of a Home or Lot an Owner fails in the deed of conveyance to
reference the imposition of this Declaration on the Home or Lot, the transferring Owner shall
remain liable for Assessments accruing on the Home or Lot from and after the date of
conveyance.
ARTICLE IV
MEMBERSHIP
4.1 Membership in the Neighborhood Association. Every Owner of a Lot or Home
shall be deemed to have a membership in the Neighborhood Association. The votes of
Members other than Declarant shall be cast at meetings of the Neighborhood Association by
their voting Member ("Voting Member"). Membership in the Neighborhood Association shall
be appurtenant to and may not be separated from ownership of any Lot or Home, and
ownership of a Lot or Home shall be the sole qualification for such membership. In the event
that fee title to a Lot or Home is transferred or otherwise conveyed, the membership in the
Neighborhood Association which is appurtenant thereto shall automatically pass to such
transferee. The foregoing is not intended to include Mortgagees or any other persons who
hold an interest merely as security for the performance of an obligation, and the giving of a
security for the performance of an obligation shall not terminate or otherwise affect an
Owner's membership in the Neighborhood Association. Notwithstanding any of the foregoing
to the contrary, no Owner, whether one or more persons, shall have more than one
membership per Lot or Home. In the event of multiple Owners of a Lot or Home, votes and
rights of use and enjoyment shall be as provided in Section 4.2. Further, the membership
rights of an Owner that is a corporation, partnership, or other legal entity shall be exercised by
the individual designated from time to time by the Owner, in a written instrument provided to
the Neighborhood Association. subject to the provisions of this Declaration. the Articles, and
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16A 4
the By-Laws. The voting weight appurtenant to each Lot or Home is equaL and each Lot and
cach Home shall have one vote, except that two Lots may be combined to f()rm one Lot with
one Home in accordance with the provisions hereof: in which event the Owner shall have a
total of only one vote and pay only one Assessment f()r the combined LoIs.
4.2 Membership in the Sub-Neighborhood Association. Each Lot or Home will
be located within a Sub-Neighborhood as designated by Declarant. some of which will be
operated by Sub-Neighborhood Associations. Regardless of whether a Lot or Home is
operaled by a Sub-Neighborhood Association, each Lot or Home shall be allotted one (I) vote
to be exercised by any record Owner of Ihat Lot or Home, or such individual as that Owner
may designate in writing, except that no vote shall be allotted 10 any LOI(s) or Home(s) owned
by the Neighborhood Association.
4.3 Changes in Voting Rights. Notwithstanding anything to the contrary
contained herein, so long as Declarant controls the Neighborhood Association pursuant to
Sections 10.2 and 14.1, Declarant shall have the right in its sole and absolute discretion to
change the voting rights of any portion of the Property at any time and from time to time.
4.4 Membership in the Master Association. Every Owner of a Lot or Home
shall be deemed to have a membership in the Master Association, as further described in the
Declaration of General Covenants, Conditions and Restrictions For Lely Resort recorded in
Otlicial Records Book 1513, at Page 835, of the Collier County, Florida Public Records, as
amended. In addition 10 the Assessment obligations set forth in Article XI herein.
membership in the Master Association shall obligate each Owner of a Lot or Home to pay
assessments and other charges levied by the Master Association. Membership in such Master
Association shall be appurtenant to and may not be separated from ownership of any Lot or
Home, and ownership of a Lot or Home shall be the sole qualification f()r such membership.
In the event that fee title to a Lot or Home is transferred or otherwise conveyed, the
membership in the Master Association which is appurtenant thereto shall automatically pass
to such transferee. The foregoing is not intended to include Mortgagees or any other persons
who hold an interest merely as security f()r the performance of an obligation, and the giving of
a security for the performance of an obligation shall not terminate or otherwise affect an
Owner's membership in the Master Association.
ARTICLE V
RIGHTS AND OBLIGATIONS OF THE NEIGHBORHOOD ASSOCIATION
5.1 Common Areas. The Neighborhood Association, subject to the rights of the
Owners set forth in this Declaration. shall own, manage, and control the Common Areas and
the Limited Common Areas and all improvements thereon (including, without limitation.
furnishings. equipment, and common landscaped areas), and shall keep it in good, clean,
attractive, and sanitary condition, order, and repair, consistent with this Declaration and the
Rules and Regulations.
5.2 Personal Property and Real Property for Common Use. The Neighborhood
Association may acquire. hold. and dispose of tangible and intangible personal property and
real property. The Declarant may convey to the Neighborhood Association improved or
unimproved real estate, the Surface Water Management System, located within the Property.
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personal property, and leasehold and other property interests. Such property shall f QA4 ,. ..
by the Neighborhood Association, and thereafter shall be maintained as Common Arcas and ..
Limited Common Areas by thc Neighborhood Association al its expense for the bcnefit of its
Members, subjcct to any restrictions set forth in the conveying deed or inslrument.
5.3 Rules and Regulations. The Neighborhood Association, through its Board,
may make and ent(,rce reasonable written rules, guidelines, standards and policies governing
the use of the Property, in addition to, further detining or limiting, and, where specitically
authorized hereunder, creating exceptions to those covenants and restrictions set forth in this
Declaration. Such written rules, guidelines, standards and policies shall be binding upon all
Owners, occupants, invilees. and licensees until and unless repealed or modified in a regular
or special meeting by vote of the Members representing a majority.
5.4 Implied Rights: Board Authority. The Neighborhood Association may
exercise any other right or privilege given to it expressly by this Declaration, the Bylaws, the
Articles or reasonably implied trom or reasonably necessary to etfectuate any such right or
privilege contained therein. Exccpt as otherwise specitically provided in this Declaration, the
Bylaws, the Articles, or by law, all rights and powers of the Neigbborhood Association may
be exercised by the Board without a vote of the Members.
5.5 Indemnification
5.5.1 The Neighborhood Association shall indemnity every officer, director,
and committee member against all expenses, including counsel fees, reasonably
incurred in connection with any action, suit, or other proceeding (including settlement
of any suit or proceeding, if approved by the then Board) to which he or she may be a
party by reason of being or having been an officer, director, or committee member
except for expenses incurred trom claims arising from such officer, director or
committee member's own individual willful malfeasance, criminal misconduct, or bad
faith.
5.5.2 The officers, directors, and committee members shall not be liable for
any mistake of judgment, negligent or otherwise, except for their own individual
willful misfeasance, malfeasance, misconduct, or bad faith. The officers and directors
shall have no personal liability with respect to any contract or other commitment made
or action taken in good faith on behalf of the Neighborhood Association (except to the
extent that such ofticers or directors may also be Members of the Neighborhood
Association). The Neighborhood Association shall indemnity and forever hold each
such officer. director and committee member harmless from any and all liability to
others on account of any such contract, commitment or action. Any right to
indemnification provided for herein shall not be exclusive of any other rights to which
any present or fonner officer, director, or committee member may be entitled. The
Neighborhood Association shall, as an Expense, maintain adequate general liability
and officers' and directors' liability insurance to fund this obligation, if such insurance
is reasonably available.
5.6 Dedication of Common Areas and Limited Common Areas. The
Neighborhood Association may dedicate portions of the Common Areas and the Limited
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Common Areas to the County, or to any other local, state, or federal governmental cntity,
subject to such approval as may be required by this Declaration.
16A 4
5.7 Neighborhood Control Program.
5.7.1 Right to Install. Declarant or the Board shall have the right, but not
the obligation. to install and/or contract for the installation of a Neighborhood Control
Program for each Lot or Home within the Property. Prior to Turnover, all contracts
for Neighborhood Control Program shall be subject to the prior written approval of
Declarant. Any contracts or agreements respecting Neighborhood Control Program
may provide that Declarant receive compensation for approving such contract.
Declarant or its nominees, successors, assigns, atliliates. and licensees may install
such a Neighborhood Control Program. Declarant reserves the right. at any time and
in its sole discretion, to discontinue or terminate any Neighborhood Control Program
prior to Turnover. In addition, all Owners specifically acknowledge that the
Declarant. may in its sole and absolule discretion, without obligation, install or cause
to be installed around all or a portion of the Property. a perimeter Neighborhood
Control Pro!,'Tam, such as fences, walls, hedges, or the like on certain perimeter areas.
Declarant and the Board shall not be held liable for any loss or damage by reason of
failure to provide adequate Neighborhood Control Program or ineffectiveness of
Neighborhood Control Program measures undertaken.
5.7.2 No Liability. NEITHER THE NEIGHBORHOOD ASSOCIATION
NOR THE DECLARANT SHALL IN ANY WAY BE CONSIDERED INSURERS
OR GUARANTORS OF THE HEALTH. SAFETY, WELFARE OR SECURITY OF
ANY OWNER, OCCUPANT OR USER OF ANY PORTION OF THE PROPERTY
NOR SHALL ANY OF THEM BE HELD LIABLE FOR ANY LOSS OR DAMAGE
BY REASON OF FAILURE TO PROVIDE ADEQUATE SECURITY OR OF
INEFFECTIVENESS OF SECURITY MEASURES UNDERTAKEN. NO
REPRESENTATION OR WARRANTY IS MADE THAT ANY FIRE
PROTECTION SYSTEM, ALARM SYSTEM, NEIGHBORHOOD CONTROL
SYSTEM OR OTHER SECURITY SYSTEM CANNOT BE COMPROMISED OR
CIRCUMVENTED. NOR THAT ANY SUCH SYSTEMS OR SECURITY
MEASURES UNDERTAKEN WILL IN ALL CASES PREVENT LOSS, OR
PROVIDE THE DETECTION OR PROTECTION FOR WHICH THE SYSTEM IS
DESIGNED OR INTENDED. EACH OWNER ACKNOWLEDGES,
UNDERSTANDS AND COVENANTS TO INFORM ITS LESSEES THAT THE
NEIGHBORHOOD ASSOCIATION, ITS BOARD OF DIRECTORS AND
COMMITTEES AND DECLARANT ARE NOT INSURERS AND THAT EACH
PERSON USING THE PROPERTY ASSUMES ALL RISKS FOR LOSS OR
DAMAGE TO PERSONS, TO HOMES, AND TO THE CONTENTS OF HOMES
RESULTING FROM ACTS OF THIRD PARTIES.
5.7.3 Components. A Neighborhood Control System, if installed, may
include one or more manned gatehouses, one or more electronic gates, and roving
attendants using vehicles. Declarant and the Board do not warrant or guaranty in any
manner that the system will include these items, but reserve the right to install or
provide the foregoing items. or any other items they deem appropriate in their sole and
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absolute discretion. After Turnover, the Neighhorhood Association may expand the
Neighborhood Control System by a vote of the majority of the Board, without the
joinder or conscnt of the Owners or any third parties. Without limiting the foregoing,
Declarant and the Board reserve the right to, at any time, increase, decrease, eliminate,
or add manned or unmanned gates houses, information booths, sensors, gates and
other access monitoring measures as they deem appropriate in their sole and absolute
discretion; provided, however no changes shall be made prior to Turnover without the
prior written consent of Declarant.
16A 4
5.7,4 Part of Neighborhood Association Expenses. If furnished and
installed within any Home, the cost of operating and monitoring any Neighborhood
Control System may be included in Expenses and may be payable as a portion of the
Assessments against Owners. Any such Neighborhood Control System shall be
mandatory f(lr all Owners, regardless of whether or not they utilize the Neighborhood
Control System or services of such system.
5.7,5 Owners' Responsibility. All Owners and occupants of any Lot or
Home, and the tenants, guests and invitees of any Owner, as applicable, acknowledge
that the Neighborhood Association, its Board and officers, Declarant, their nominees
or assigns, or any successor Declarant, and the ARB and its members, do not represent
or warrant that (a) any Neighborhood Control System, designated by or installed
according to guidelines established, will not be compromised or circumvented, (b) any
Neighborhood Control System will prevent loss by fire, smoke, burglary, theft, hold-
up, bodily injury or hann or otherwise, and/or (c) the Neighborhood Control System
will in all cases provide the detection for which the system is designed or intended. In
the event that Declarant elects to provide a Neighborhood Control System, Declarant
shall not be liable to the Owners or Ihe Neighborhood Association with respect to such
Neighborhood Control System, and the Owners and the Neighborhood Association
shall not make any claim against Declarant for any loss that an Owner or the
Neighborhood Association may incur by reason of break-ins, burglaries, acts of
vandalism, personal injury or death, which are not detected or prevented by the
Neighborhood Control System. Each Owner and the Neighborhood Association is
responsible for protecting and insuring themselves in connection with such acts or
incidents. The provision of a Neighborhood Control System (including any type of
gatehouse) shall in no manner constitute a warranty or representation as to the
provision of or level of security within the Property or any Neighborhood contained
therein. Neither Declarant nor the Neighborhood Association guarantees or warrants,
expressly or by implication, the merchantability or fitness for use of any
Neighborhood Control System, or that any such system (or any of its components or
related services) will prevent intrusions, fires, or other occurrences, regardless of
whether or not the Neighborhood Control System is designed to monitor the same.
Each and every Owner and Ihe occupant of each Lot or Home acknowledges that
Declarant and the Neighborhood Association, their employees, agents, managers,
directors, and otlicers, are nol insurers of Owners Lots or Homes, or the personal
property located within Lots or Homes. Declarant and the Neighborhood Association
will not be responsible or liable for losses, injuries, or deaths resulting from any such
events.
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16A 4
5.8 Powers of the Neighborhood Association Relating to Sub-Neighborhoods.
The Neighborhood Association shall have the power to veto any action taken or contemplated
to be taken by any Sub-Neighborhood Association or Sub-Neighborhood committee which
the Board reasonably detennines 10 be adverse to the interests of the Neighborhood
Association or its Members. or inconsistent with the ARB Guidelines and Rules and
Rel,'lllations. as the case may be. The Neighborhood Association also shall have Ihe power to
require specific maintenancc or repairs or aesthetic changes to be effectuated by the Sub-
Ncighborhood Association or Sub-Neighborhood committee. and to require that a proposed
budget include certain items and that specific expenditures be made.
hf
5.8.1 Any action required by the Neighborhood Association in a written
notice pursuant to the foregoing paragraph to be taken by a Sub-Neighborhood
Association or Neighborhood committee shall be taken within the reasonable time
frame set by the Neighborhood Association in such written notice. If the Sub-
Neighborhood Association or Sub-Neighborhood committee fails to comply with the
requirements set forth in such written notice. the Neighborhood Association shall have
the right to eftect such action on behalf of the Sub-Neighborhood Association or
Neighborhood committee.
5.8.2 To cover the Neighborhood Association's administrative expenses in
connection with the foregoing and to discourage failure to comply with Ihe
requirements of the Neighborhood Association. the Neighborhood Association shall
assess the Lots or Homes in such Sub-Neighborhood for their pro rata share of any
expenses incurred by the Neighborhood Association in taking such action in the
manner provided above. Such Assessments may be collected as a Special Assessment
hereunder and shall be subject to all lien rights provided f(Jr herein.
5.9 Surface Water Rights. The Neighborhood Association may establish
programs and rules and regulations f(1f reclamation of surface water and storm water runoff
for appropriate uses within the Property, and may require Owners and occupants of Homes to
participate in such programs 10 the extent reasonably practical. No Owner or occupant of a
Home shall have any right to be compensated for water claimed or reclaimed from Homes.
The Board shall also have the right to establish restrictions on the use of surface water within
the Property. Lakes, canals, and other open surface waters with the Property are designed as
water retention and water management areas and are not designed solely as aesthetic features.
From time to time. low ground water elevations or drought conditions may cause the
Common Areas and the Limited Common Areas lakes, canals. and other water management
areas to be shallow or lakebed areas to be exposed.
ARTICLE VI
MAINTENANCE
6.1 Responsibilities of Owners. The Owner(s) or Occupant(s) of any Lot or Home
shall cooperate with the Neighborhood Association and Sub-Neighborhood Association in
connection with the performance of its obligations under Sections 6.2 and 6.3. The
Neighborhood Association, Sub-Neighborhood Associations and Declarant shall not be liable
for injury or damage to any person or property (A) causcd by the elements or by any Owner
or any other person, (B) caused by or resulting from any failure to maintain or improper
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maintenance of any landscaping on any Lot, or (C) resulting from any rain, drought or other
surface water which may leak, plumbing, drain, conduit, appliance, equipment, security
system or utility line or facility, the responsibility for the maintenance of which is that of the
Neighborhood Association, Sub-Neighborhood Association or Declarant Unless otherwise
provided herein or in the appropriate Neighborhood Declaration, Sub-Neighborhood
Association Declaration, the maintenance and repair of all Common Areas, Limited Common
Areas, limited common elements or common elements located within such Neighborhoods
(including all landscaping, grounds and irrigation and all recreational facilities, if any, and
other improvements located within such Sub-Neighborhood) shall be the responsibility of the
Neighborhood Association. Each Owner, the Neighborhood Association or the Sub-
Neighborhood Association shall be responsible for maintaining his or its Lot, Home or
Neighborhood, as the case may be, in a neat, clean and sanitary condition. In the event an
Owner fails or interferes with such maintenance obligations and damage occurs to the yard or
landscaping as a result, a Sub-Neighborhood Association may restore the yard and/or
landscaping and all costs and expenses incurred in connection with such restoration may be
assessed against such Owner(s) and the appropriate Lot in accordance with the terms of this
Declaration. As provided in Section 6.2.1 hereof, each Owner and Sub-Neighborhood
Association shall also be obligated to pay for the costs incurred by the Sub-Neighborhood
Association or Neighborhood Association (as the case may be) for repairing, replacing,
maintaining or cleaning any item which is the responsibility of such Owner or Sub-
Neighborhood Association, but which responsibility such Owner or Sub-Neighborhood
Association fails or refuses to discharge. Owners are subject to the ARB Guidelines, such
Owner shall not (i) decorate, change, or otherwise alter the appearance of any portion of the
exterior of a Lot or Home or the landscaping, grounds or other improvements within a Lot or
Sub-Neighborhood unless such decoration, change or alteration is first approved, in writing,
by the Architectural Review Board as provided in Article XII hereof, or (ii) do any work
which, in the reasonable opinion of the Architectural Review Board, would jeopardize the
soundness and safety of the Property, reduce the value thereof, or impair any easement or
hereditament thereto, without in every such case obtaining the written approval of the
Architectural Review Board. The cost to a Sub-Neighborhood Association of maintaining the
yards of the Lots, and property dedicated to the public shall be assessed, as part of the Sub-
Neighborhood Expenses pursuant to the provisions of this Declaration. The costs of
maintenance of property dedicated to the public shall be shared equally by all Owners.
16A 4
6.2 Sub-Neighborhood Associations' Responsibility. The Sub-Neighborhood
Association shall maintain property which it does not own, including without limitation the
(I) front, rear, and side yards of the Lots within the Neighborhood and Sub-Neighborhood, (2)
twenty foot (20') easement area between the Lot and the lake and (3) property dedicated to
the public; unless otherwise set forth the Declaration or a Sub-Neighborhood Declaration.
The Sub-Neighborhood Association shall maintain the front, rear, and side yards of every Lot.
The maintenance of the yard of a Lot shall include, without limitation, maintenance, repair,
and replacement, subject to any insurance then in effect (if appropriate), of all planting,
sodding and landscaping on the Lots; all irrigation facilities and pumps, for; drainage
facilities, pipes, lines and easements associated with the Lots and sidewalks located within
Lots. This provision is not intended to make the Sub-Neighborhood Association the insurer
of any Lot. Landscaping in buffer areas or Common Areas and Limited Common Areas shall
not be altered or removed by any Owner without prior consent of the Declarant,
Neighborhood Association or Sub-Neighborhood Association. In the event the landscaping
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16A 4
on any Lot is changed, altered, reduced or supplemented in violation of the landscape plan
approved by ARB. the Sub-Neighborhood Association may restore the landscaping on such
Lot such that it is in compliance wilh the approved landscape plan and all costs and expenses
incurred by the Sub-Neighborhood Association in connection with such restoration may be
assessed against such Owner(s) and the appropriate Lot in accordance with the lenns of this
Declaration.
6.3 Neighborhood Association's Responsibility.
6.3.1
Intentionally Deleted.
6.3.2 Except as may be otherwise specifically provided herein or in a
Neighborhood Declaralion, the Neighborhood Association shall maintain and keep in
good repair all portions of the Common Areas. the Limited Common Areas and the
Surface Water Management System as set forth in Article VIII, which responsibility
shall include the maintenance, repair and replacement of (i) all Roads. pocket parks.
walks, sidewalks, parking areas, streetlights, entrances and guardhouses, landscaped
areas, Recreational Areas, and other improvements made by Declarant or the
Neighborhood Association situated within the Common Areas, the Limited Common
Areas or within easements encumbering Lots, Homes or Neighborhoods pursuant to
Article VII hereo( (ii) such monitoring systems and utility lines. pipes, plumbing,
wires, conduits and related systems which are a part of the Surface Water
Management System and which are not maintained by a public authority. public
service district, public or private utility or other person. (iii) all lawns, trees, shrubs.
hedges, grass and other landscaping and all lakes and ponds situated within or upon
the Common Areas or the Limited Common Areas, and (iv) portions of the Surface
Water Management System. all wetlands and all retention and drainage areas and
facilities construcled by Declarant wherever located. that are part of the Common
Areas or the Limited Common Areas. The Neighborhood Association and Declarant
shall not be liable for injury or damage to any person or property (A) caused by the
elements or by any Owner or any other person, (8) resulting fi-om any rain, drought or
other surface water which may leak, diminish, restrain or flow from any portion of the
Common Areas or the Limited Common Areas, or (C) caused by any pipe, plumbing,
drain, conduit, appliance, equipment, security system or utility line or facility, the
responsibility for the maintenance of which is that of the Neighborhood Association or
Declarant. Nor shall the Neighborhood Association or Declarant be liable to any
Owner for loss or damage, by theft or otherwise, of any property of such Owner which
may be stored in or upon any portion of the Common Areas or the Limited Common
Areas or any other portion of the Property. No diminution or abatement of
Assessments shall be claimed or allowed by reason of any alleged failure of the
Neighborhood Association to take some action or to perfonn some function required
to be taken or performed by the Neighborhood Association under this Declaration or
for inconvenience or discomfort arising from the making of improvements or repairs
which are the responsibility of the Neighborhood Association. or from any action
taken by the Neighborhood Association to comply with any law, ordinance or with
any order or directive of any municipal or other governmenlal authority, the obligation
to pay such Assessments being a separate and independent covenant on the part of
each Owner.
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.L6A4 ,
6.3.3 In the event that Declarant or the Board of Directors determines that:
(i) any Owner or Sub-Neighborhood Association has failed or refused to discharge
properly his or its obligations with regard to the maintenance, cleaning. repair or
replacement of itcms fix which he or it is responsible hereunder. or (ii) thaI the need
for maintenance. cleaning. repair or replacement which is the responsibility of the
Neighborhood Association hereunder is caused through the willful or negligent act of
an Owner. or his or her family. tenants. guests or invitees. or a Sub-Neighborhood
Association and is not covered and promptly paid for by insurance in whole or in part,
then, in either event, Declarant or the Neighborhood Association, except in the event
of an emergency situation. shall give such Owner or Sub-Neighborhood Association
written notice of Declarant's or the Neighborhood Association's intent to provide such
necessary maintenance, cleaning, repair or replacement. at the sole cost and expense of
such Owner or Sub-Neighborhood Association. as the case may be. and setting forth
with reasonable particularity the maintenance, cleaning. repairs or replacement
deemed necessary. Except in the event of emergency situations, such Owner or Sub-
Neighborhood Association, as the case may be. shall have fifteen (15) days within
which to complete the same in a good and workmanlike manner, or in the event that
such maintenance, cleaning. repair or replacement is not capable of completion within
said fifteen (15) day period, to commence said maintenance, cleaning, repair or
replacement and diligently proceed to complete the same in a good and workmanlike
manner. In the event of emergency situation, or the failure of any Owner or Sub-
Neighborhood Association to comply with the provisions hereof after notice,
Declarant or the Neighborhood Association may provide (but shall not have the
obligation to so provide) any such maintenance, repair or replacement at the sole cost
and expense of such Owner or Sub-Neighborhood Association, as the case may be,
and. (i) in the case of an Owner, said cost shall be added to and become a part of the
Assessment to which such Owner and his or her Lot or Home are subject, and (ii) in
the case of a Sub-Neighborhood Association, said cost shall become a part of the
Assessments for all Owners within such Sub-Neighborhood Association and shall
become a lien against such Owners' Lots or Homes. In the event that Declarant
undertakes such maintenance. cleaning, repair or replacement, the Neighborhood
Association shall promptly reimburse Declarant for Declarant's costs and expenses of
any nature.
6.4 Owner's Responsibility. Each Owner shall maintain his or her own Lot or Home
including, without limitation, structures, boundary walls and fences, driveways. parking areas,
and other improvements comprising the Lot or Home in good condition and repair in a
manner consistent with the ARB Guidelines, and all applicable covenants, unless such
maintenance responsibility is otherwise assumed by or assigned to a Sub-Neighborhood
Association pursuant to any additional declaration of covenants applicable to such Home. If
any Owner fails to perfoml his or her maintenance responsibility. the Neighborhood
Association may perform it and assess all costs incurred by the Neighborhood Association
against the Home and the Owner thereof in accordance with the further provisions of Ihis
Declaration; provided, however. except when entry is required due to an emergency situation,
the Neighborhood Association shall aftixd the owner reasonable notice and an opportunity to
curc the problem prior to entry.
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16A 4
6.5 Neighborhood's Responsibility. Where appropriate and upon resolution of the
Board. a Neighborhood shall be responsible for paying, through Neighborhood Assessments,
the costs of maintenance of certain Common Areas and Limited Common Areas within or
adjacent to such Neighborhood, which may include, without limitation, the costs of
maintenance of any right-of-way and landscaped area between the Neighborhood and adjacent
public roads, private streets within a Neighborhood, if any, and lakes within a Neighborhood,
regardless of ownership and regardless of the fact that sueh maintenance may be performed
by the Neighborhood Association. In the event that a Sub-Neighborhood Association has the
responsibility for maintenance of all or a portion of the property within such Neighborhood
pursuant to separate declaration of covenants, the Sub-Neighborhood Association shall
perform such maintenance in a manner consistent with the ARB Guidelines. If any Sub-
Neighborhood Association fails to perfornl its maintenance duties as required herein, the
Neighborhood Association may perform it and assess the costs against all Homes within such
Sub-Neighborhood Association as provided herein.
ARTICLE VII
EASEMENTS
7.1 Access Easements. All Owners, by accepting title to Lots or Homes conveyed
subject to this Declaration, waive all rights of uncontrolled and unlimited access, ingress and
egress to and from such Lot or Home and acknowledge and al,'I'ee that such access, ingress
and egress shall be limited to Roads, walkways, sidewalks and other Common Areas and
Limited Common Areas located within the Property from time to time for such purposes
provided that pedestrian and vehicular access to and from all Lots and Homes shall be
provided at all times. There is reserved unto Declarant, the Neighborhood Association and
their respective successors and assigns the right and privilege, but not the obligation, to hire
persons and/or to maintain electronically-controlled gates controlling vehicular access to and
from the Property.
7.1.1 Permits, Licenses and Easements. Prior to Turnover, Declarant, and
thereafter Neighborhood Association, shall, in addition to the specific rights reserved
to Declarant herein, have the right to grant, modify, amend and terminate permits,
licenses and easements over, upon, across, under and through the Property (including
Homes) for Bulk Service Systems, utilities, roads and other purposes reasonably
necessary or useful as it determines, in its sole discretion. To the extent legally
required, each Owner shall be deemed to have granted to Declarant and, thereafter,
Neighborhood Association an irrevocable power of attorney, coupled with an interest,
for the purposes herein expressed.
7.2 Easements for Declarant.
7.2.1 There is hereby reserved for the benefit of Declarant, for a period of
five (5) years following the conveyance of all the Lots in the Property to Members, an
alienable and transferable right and easement on, over, through, under and across the
Common Areas and the Limited Common Areas for the purpose of grading and
drainage, and for the purpose of doing all things reasonably necessary and proper in
connection therewith, provided in no event shall Declarant have the obligation to do
any of the foregoing.
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16A 4
7.2.2 During the period that Declarant owns any Lot or Home primarily for
the purpose of sale. Declarant shall have an alienable and transferable right and
easement on, over. through. under and across the Common Areas and the Limited
Common Areas t(" the purpose of constructing Homes and other improvements in and
to the LoIs and within Neighborhoods and the Additional Property and for inslalling,
maintaining. repairing and replacing such other improvements to the Property
(including any portions of the Common Areas and the Limited Common Areas) as are
contemplated by this Declaration or as Declarant desires. in its sole discretion.
including, without limitation. any improvements or changes permitted and described
by Article II hereof. and tix the purpose of doing all things reasonably necessary and
proper in connection therewith, provided in no event shall Declarant have the
obligation to do any of the foregoing. In addition to the other rights and easements set
forth herein and regardless of whether Declarant at that time retains ownership of a
Lot or Home or has the right to submit the Additional Property to this Declaration.
Declarant shall have an alienable. transterable and perpetual right and easement to
have access, ingress and egrcss to the Common Areas and the Limited Common Areas
and improvements thereof for such purposes as Declarant deems appropriate. provided
that Declarant shall not exercise such right so as to unreasonably interfere with the
rights of Owners in the Property to the use of the Common Areas and the Limited
Common Areas.
7.3 Easement for Utilities and Public Services; Disclaimers as to Electrical
and Water Transmission Lines.
7.3.1 There is hereby reserved tor the benefit of Declarant. the Neighborhood
Association and their respective successors and assigns. the alienable, transferable and
perpetual right and easement. as well as the power to grant and accept easements to
and from, Collier County, Florida, SFWMD or any other public authority or agency,
public service district, public or private utility (including but not limited to natural gas
providers) upon. over. under and across: (i) all or any portion of the Common Areas
or the Limited Common Areas; (ii) all portions of the Neighborhoods on which
improvements are not constructed or erected; and (iii) those portions of all Lots and all
Homes as are reasonably necessary, for the purpose of installing, replacing, repairing,
maintaining and using any Bulk Service Systems. Neighborhood Control Program
system, and all utilities, including, but not limited to, stonn sewers, drainage systems
and retention ponds and facilities for the Property or any portion thereot: and
electrical. gas, telephone, water and sewer lines, provided that such easements shall
not unreasonably affect the "developability" of any such Lot or Home. Such
easements may be granted or accepted by Declarant. or by the Board of Directors;
provided, however, that fiJr so long as Declarant owns any Lot or Home primarily for
the purpose of sale, the Board of Directors must obtain the written consent of
Declarant prior to granting and/or accepting any such easements. To the extent
possible. all utility lines and facilities serving the Property and located therein shall be
located underground. By virtue of any such easement and facilities, it shall be
expressly permissible t(lr the providing utility company or other supplier or servicer,
with respect to the portions of the Property so encumbered, (i) to erect and maintain
pipes, lines. manholes, pumps and other necessary equipment and tacilities; (ii) to cut
and remove any trees. bushes or shrubbery; (iii) to grade. excavate or fill; or (iv) to
28
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.l6A 4
take any other similar action rcasonably ncccssary to provide economical and safe
installation, maintcnance. repair, replaccment and use of such utilitics and systcms;
provided, howevcr, that to the extcnt practicable, Dcclarant and/or the Board of
Directors shall cndcavor to obtain an undertaking fi-om such utility company or other
supplier or scrviccr to take rcasonablc actions to rcpair any damage causcd by such
utility company or olher supplier dUling thc cxcrcise of any rights conveyed undcr any
easement grantcd hereunder: providcd, however, that Declarant, the Ncighborhood
Association and thc Board shall havc no liability thcrcfor.
7.3.2 Declarant hereby grants to the County SheritT or County Fire Rescue
and any other relevant governmental authority or agency, as shall fi-om time to time
have jurisdiction over the Property with rcspect to law enforcement and fire
protection, the pcrpetual, non-exclusive right and casement upon, over and across all
of the Common Areas and the Limitcd Common Arcas for purposes of performing
such duties and activitics related to law enforcement and fire protection in Ihc Property
as shall be required or appropriatc fi-om time to time by such govcrnmental authorities
under applicable law. NEITHER THE NEIGHBORHOOD ASSOCIATION NOR
THE DECLARANT SHALL IN ANY WAY BE CONSIDERED INSURERS OR
GUARANTORS OF SECURITY WITHIN THE PROPERTY, NOR SHALL THEY
BE HELD LIABLE FOR ANY LOSS OR DAMAGE BY REASON OF FAILURE
TO PROVIDE ADEQUATE SECURITY OR OF INEFFECTIVENESS OF
SECURITY MEASURES UNDERTAKEN. NO REPRESENTATION OR
WARRANTY IS MADE THAT ANY FIRE PROTECTION SYSTEM, BURGLAR
ALARM SYSTEM OR OTHER SECURITY SYSTEM CAN NOT BE
COMPROMISED OR CIRCUMVENTED, NOR THAT ANY SUCH SYSTEMS OR
SECURITY MEASURES UNDERTAKEN WILL IN ALL CASES PREVENT LOSS
OR PROVIDE THE DETECTION OR PROTECTION FOR WHICH THE SYSTEM
IS DESIGNED OR INTENDED. EACH OWNER ACKNOWLEDGES,
UNDERSTANDS AND COVENANTS TO INFORM ITS OCCUPANTS THAT
THE NEIGHBORHOOD ASSOCIATION, ITS BOARD OF DIRECTORS AND
COMMITTEES, AND DECLARANT ARE NOT INSURERS AND THAT EACH
PERSON USING THE PROPERTY ASSUMES ALL RISKS FOR LOSS OR
DAMAGE TO PERSONS, TO BUILDINGS, TO HOMES AND TO THE
CONTENTS OF HOMES RESULTING FROM ACTS OF THIRD PARTIES.
7.4 Easements for Master Association, CDD, Neighborhood Association and Sub-
Neighborhood Associations,
7.4.1 There is hereby reserved a general right and casement for the benefit of
the Master Association, CDD, Neighborhood Association and Sub-Neighborhood
Associations. their rcspectivc directors, otlicers, agents and employees, including, but
not limited to, any manager cmployed by the Ncighborhood Association or Sub-
Neighborhood Associations and any employees of such manager, to cnter upon any
Lot. Home or Ncighborhood, Sub-Neighborhood or any portion thereof in the
pcrfi)rmance of their respective duties. Except in the evcnt of emergencies, this
casement is to be exerciscd only during normal business hours and then, whenevcr
practicablc, only upon advance noticc to and with pennission ofthc Owncr, Occupant
29
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Neighborhood Association or Sub-Neighborhood Association
Neighborhood or Sub-Neighborhood directly affected thereby.
of the ~ot? H1e4
7.4.2 Easements fiJr the drainage and installation and maintenance of
drainage facilities are granted to the Neighborhood Association, Sub-Association,
Master Association. CDD and Declarant as shown on all recorded plats for the
Property or as may otherwise be installed from time to time. Within these easement
areas no structure. planting or other material other than sod, shall be placed or
permitted to remain (unless installed by Declarant) which may interfere with such
installation and maintenance or which may obstruct or retard the flow of water through
drainage channels. The fiJregoing easements shall cover all lakes and drainage
easements located anywhere within Ihe Property. The Neighborhood Association.
Sub-Neighborhood Association or Ihe Master Association shall have the right to
contract for the maintenance of any portion of the Surface Water Management System
with an established water management or water control district or with any other
party.
7.4.3 Easements for the installation and maintenance of sod and other
landscaping of swales and other areas are hereby granted to the Neighborhood
Association. and Declarant. within all public or private roads and road rights-of-way
and as shown on all recorded plats for the Property. Within these easement areas. the
Neighborhood Association or Declarant may install and maintain sod and such other
landscaping as the Neighborhood Association or Declarant deems necessary or
appropriate. The Neighborhood Association and Declarant shall have access to all
Lots, Homes and Neighborhoods for the purpose of the operation and maintenance of
such landscape easements.
7.4.4 Easements for the installation and maintenance of street lights are
hereby granted to the Neighborhood Association and Declarant. within all public or
private roads and road rights-of~way and as shown on all recorded plats for the
Property. Within these easement areas. the Neighborhood Association or Declarant
may install and maintain street lights and related apparatus as the Neighborhood
Association or Declarant deems necessary or appropriate. The Neighborhood
Association and Declarant shall have access to all Lots. Homes and Neighborhoods for
the purpose of the operation and maintenance of such streetlight easements.
7.5 Sales and Construction Offices. Notwithstanding any provisions or
restrictions herein to the contrary. there is hereby reserved for the benefit of Declarant the
right to maintain on any real property owned by Declarant, the Common Areas or the Limited
Common Areas, any signs. sales offices. construction offices. business offices and model
Homes. and such other facilities as in the sole opinion of Declarant may be reasonably
required, convenicnt or incidental to the completion, improvement or sale of Lots. Homes.
Neighborhoods. Common Areas and Limited Common Areas for so long as Declarant owns
any Lot or Home.
7.6 Easement for Additional Property. There is hereby reserved in Declarant for
the benefit of and as an appurtenance to the Additional Property and as a burden upon the
Property. perpetual. non-exclusive rights and easements for: (i) pedestrian and vehicular
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inl,'Tess. egress and parking, across, within, and on all Roads. sidewalks, and parking
facilities, fi-om time to lime located within the Common Areas or the Limited Common
Areas or within easements serving the Common Areas or the Limited Common Areas; (ii)
the installation, maintenance, repair. replacement and use within the Common Areas or the
Limited Common Areas and those portions of Lots. Homes and Neighborhoods encumbered
pursuant to Section 7,3 hereof: of Neighborhood Control Program systems and utility
facilities and distribution lines, including without limitation drainage systems, storm sewers
and electrical, gas, telephone, water, sewer and Telecommunication Services system lines;
and (iii) drainage and discharge of surface water onto and across the Property. provided that
such drainage and discharge shall not materially damage or affect the Property or any
improvements fi-om time to time thereon.
7.7 Maintenance Easement. Subject to the tenns of Article 6 hereof. there is hereby
reserved for the benefit of Declarant, the Neighborhood Association and the Sub-
Neighborhood Association and their respective agents, employees, successors and assigns, an
alienable, transferable and perpetual right and easement to enter upon any Lot and upon
unimproved portions of any Home, Sub-Neighborhood or Neighborhood for the purpose of
mowing, removing, clearing, cutting or pruning underbrush, weeds, stumps or other unsightly
growth and removing trash, so as to maintain reasonable standards of health, fire safety and
appearance within the Property, provided that such easements shall not impose any duty or
obligation upon Declarant, Sub-Neighborhood Association or the Neighborhood Association
to perform any such actions. It is further provided, that the Declarant, Neighborhood
Association, Sub-Neighborhood Association and their respective agents, employees,
successors and assigns shall have unobstructed access for the purpose of maintenance;
including but not limited to the prohibition of installation of any fencing, plant material or
other improvement that obstructs access.
7.8 Easements for Encroachments. The Declarant hereby grants an easement for
encroachment in the event any improvements upon the Common Areas or the Limited
Common Areas now or hereafter encroaches upon a Home, or in the event that any Home
now or hereafter encroaches upon the Common Areas or the Limited Common Areas or upon
another Home, as a result of minor inaccuracies in survey, construction, reconstruction, or due
to settlement or movement or otherwise to a distance of not more than three feet, as measured
from any point on the common boundary along a line perpendicular to such boundary. The
encroaching improvements shall remain undisturbed as long as the encroachment exists. This
easement for encroachment shall also include an easement for the maintenance and use of the
encroaching improvements. Provided, however, that at no time shall there be any
encroachment onto the Surface Water Management System, without the written consent of the
SFWMD. In no event shall an easement for encroachment exist if such encroachment
occurred due to willful and knowing conduct on the part of, or with the knowledge and
consent of an Owner, Occupant or the Neighborhood Association.
7.9 Easement for Bulk Services. The Declarant hereby (i) reserves for itself and
its nominees, successors, assigns, afliliates, and licensees, and (ii) grants to each Bulk Service
Provider, providing Bulk Services to all or a part of the Property pursuant to an agreement
between Declarant or the Board and such Bulk Service Provider, and for any successors or
assigns of any of the fiJregoing, a perpetual easement, privilege and right in and to, over,
under, on and across all of the Property for the purpose of erecting, installing, maintaining,
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operating and removing any and all equipment or other property associated with the Bulk
Services.
7.10 Creation of Easements. Should the intended creation of any easement
provided tor in this Dcclaration fail by reason of the fact that at the time of creation there may
be no grantee in being having the capacity to take and hold such easement, then any such
grant of easement deemed not to be so creatcd shall nevertheless bc considered as having been
granted directly to the Neighborhood Association as agent for such intended grantees tor the
purpose of allowing the original party or parties to whom the easements were originally
granted the benefit of such easement, and the Owners and Members hereby designate
Declarant and the Neighborhood Association (or either of them) as their lawful attorney-in-
fact to execute any instrument on such Owners' or Members' behalf as may hereafter be
required or deemed necessary for the purpose of later creating such easement as it was
intended to have been created herein. Formal language of !,'Tant or reservation with respect to
such easements, as appropriate. is hereby incorporated in the easement provisions hereof to
the extent not so recited.
7.1 I Development Easement. In addition to the rights reserved elsewhere herein,
Declarant reserves an easement for itself or its nominees over, upon, across, and under the
Property as may be required in connection with the development of the Property and other
lands designated by Declarant and to promote or otherwise facilitate the development,
construction and sale and/or leasing of Homes, and other lands designated by Declarant
Without limiting the foregoing, Declarant specitically reserves the right to use all paved roads
and rights of way within the Property for vehicular and pedestrian ingress and egress to and
from construction sites and tor Ihe construction and maintenance of any Bulk System
provided by Declarant or Bulk Service Provider. Specitically, each Owner acknowledges that
construction vehicles and trucks may use portions of thc Common Areas and the Limited
Common Areas. Declarant shall have no liability or obligation to repave, restore, or repair
any portion of the Common Areas or the Limited Common Areas as a result ofthc use of the
same by construction traffic, and all maintenance and repair of such Common Areas and
Limited Common Areas shall be deemed ordinary maintenance of the Neighborhood
Association payable by all Owners as part of Neighborhood Association Expenses. Without
limiting the foregoing, at no time shall Declarant be obligated to pay any amount to the
Neighborhood Association on account of Declarant's use of the Common Areas and the
Limited Common Areas tor construction purposes. Declarant intends to use the Common
Areas and Limited Common Areas for sales of new and used Homes. Declarant has the right
to use all portions of the Common Areas and the Limited Common Areas, including without
limitation, the clubhouse, if any, in connection with its marketing activities, including,
without limitation, allowing members of the general public to inspect model Homes, installing
signs and displays. holding promotional parties and picnics, and using the Common Areas and
the Limitcd Common Areas tor every other type of promotional or sales activity that may be
employed in Ihe marketing of new and used residential Homes. The easements created by this
Section, and the rights reserved herein in favor of Declarant, shall be construed as broadly as
possible and supplement the other rights of Declarant set torth herein. At no time shall
Declarant incur any expense whatsoever in connection with its use and enjoyment of such
rights and easements.
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ARTICLE VIII
SURFACE WATER MANAGEMENT SYSTEM, WATER USE AND PRESERVE
AREAS
8.1 Maintenance of Surface Water Management System. The Property is subject
to a SFWMD approved conceptual surface water management plan ("Surface Water
Management Svstem") and a related SFWMD permit (as may be amended or modified from
time to time). In order to implement aspects of the Surface Water Management System the
Master Association will maintain the Surface Water Management System. Portions of the
Surface Water Management System facilities constructed by Declarant shall be maintained by
the Neighborhood Association, such as roads/streets. curbing. sidewalks, the ex filtration
system within the roads/streets and drainage easement areas within the Property.
Accordingly, certain parcels of real property within the Property have or will be dedicated or
conveyed, in fee or by easement to the Neighborhood Association for stonnwater retention,
drainage, streets and/or roads. The Master Association and Neighborhood Association shall
maintain their respective portions of the Surface Water Management System in compliance
with the rules and regulations promulgated by the SFWMD. The Surface Water Management
System plans shall covcr surface water drainage throughout the Property, including but not
limited 10 regular and storm drainage on dedicated streets and olher rights of way. canal
drainage, and such other requirements as may be imposed by the SFWMD. In the event the
Neighborhood Association contracts for the maintenance of the Surface Water Management
System facilities. then the Neighborhood Association: (a) shall apply for and obtain such
pennits and licenses as may be required by other governmental agencies, (b) at the
Neighborhood Association's expense, provide Declarant with any and all plans and
specifications, surveys, descriptive maps. and other documentation required for the
maintenance of surface water as contemplated by this Section and shall give and grant to
Declarant, owners of land adjacent to the Property and the County any and all easements and
rights of way required to effect real property surface water management, and (c) after the
original development of Declarant, the Neighborhood Association shall cause all physical
earth moving. landscaping, sloping, grading and other work required to be done on the
Property, in connection with the maintenance of the Surface Water Management System to be
done at the cost and expense of the Neighborhood Association. As further provided in this
Declaration, the Neighborhood Association shall be entitled to (i) assess Members for the cost
of operation. maintenance and repair of the Surface Water Management System including but
not limited to work within retention areas, drainage structures and drainage easements, (ii)
establish Rules and Regulations with respect to the operation and maintenance of the Surface
Water Management System, and, (iii) contract with third parties for the provision of such
operation and maintenance. In addition, in the event that a drainage swale is constructed upon
any Lot. for the purpose of managing and containing the flow of excess surface water, the
owner of such Lot, including builders, shall be responsible for the maintenance. operation and
repair of the drainage swales on the Lot. Maintenance, operation and repair shall mean the
exercise of practices. such as mowing and erosion repair. which allow a drainage swale to
provide drainage, water storage, conveyance or other stormwater management capabilities as
permitted by the SFWMD. Filling, excavation, construction of fences or otherwise
obstructing the surface water flow in a drainage swale is prohibited. No alteration of a
drainage swale shall be authorized and any damage to a drainage swale, whether caused by
natural or human-induced. shall be repaired and the damaged drainage swale shall be returned
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to its fonner condition as soon as possible by the Owner of the Lot upon which the ~ai~g~ 4
swale is located.
8.2 Notices and Disclaimers as to Water Bodies. NEITHER DECLARANT. THE
MASTER ASSOCIATION. THE NEIGHBORHOOD ASSOCIATION NOR THE SUB-
NEIGHBORHOOD ASSOCIATIONS. NOR ANY OF THEIR RESPECTIVE OFFICERS.
DIRECTORS. COMMITTEE OR BOARD MEMBERS. EMPLOYEES. MANAGEMENT
AGENTS. CONTRACTORS OR SUBCONTRACTORS (COLLECTIVELY. THE "LISTED
PARTIES"). SHALL BE LIABLE OR RESPONSIBLE FOR MAINTAINING OR
ASSURING THE WATER QUALITY OR LEVEL IN ANY LAKE, POND, CANAL,
CREEK. STREAM OR OTHER WATER BODY WITHIN THE PROPERTY. EXCEPT AS
SUCH RESPONSIBILITY MAY BE SPECIFICALLY IMPOSED BY. OR CONTRACTED
FOR WITH, AN APPLICABLE GOVERNMENTAL OR QUASI-GOVERNMENTAL
AGENCY OR AUTHORITY. FURTHER. ALL OWNERS AND USERS OF ANY
PORTION OF THE PROPERTY LOCATED ADJACENT TO OR HAVING A VIEW OF
ANY OF THE AFORESAID WATER BODIES SHALL BE DEEMED. BY VIRTUE OF
THEIR ACCEPTANCE OF THE DEED TO OR USE OF SUCH PROPERTY. TO HAVE
AGREED TO HOLD HARMLESS THE LISTED PARTIES FOR ANY AND ALL
CHANGES IN THE QUALITY AND LEVEL OF THE WATER IN SUCH BODIES.
CONTRACTORS, SUBCONTRACTORS, LICENSEES AND OTHER DESIGNEES
SHALL, FROM TIME TO TIME, EXCAVATE. CONSTRUCT AND MAINTAIN LAKES
AND WATER BODIES WITHIN OR IN PROXIMITY TO THE PROPERTY.
NOTWITHSTANDING THE FOREGOING. EXCAVATION OR CONSTRUCTION OF
WATER BODIES SHALL BE PROHIBITED UNLESS AUTHORIZED BY THE
APPLICABLE SOUTH FLORIDA WATER MANAGEMENT DISTRICT PERMIT. IN
THE EVENT THAT THE EXCAVATION OR CONSTRUCTION OF WATER BODIES IS
NOT AUTHORIZED BY SAID PERMIT, SUCH EXCAVATION OR CONSTRUCTION
MAY ONLY TAKE PLACE IF A PERMIT MODIFICATION IS OBTAINED FROM THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT. BY THE ACCEPTANCE OF
THEIR DEED OR OTHER CONVEYANCE OR MORTGAGE. LEASEHOLD, LICENSE
OR OTHER INTEREST, AND BY USING ANY PORTION OF THE PROPERTY, EACH
SUCH OWNER. OCCUPANT OR USER AUTOMATICALLY ACKNOWLEDGES,
STIPULATES AND AGREES: (i) THAT NONE OF THE AFORESAID ACTIVITIES
SHALL BE DEEMED NUISANCES OR NOXIOUS OR OFFENSIVE ACTIVITIES.
HEREUNDER OR AT LAW GENERALLY; (ii) NOT TO ENTER UPON, OR ALLOW
CHILDREN. GUESTS OR OTHER PERSONS UNDER THEIR CONTROL OR
DIRECTION TO ENTER UPON (REGARDLESS OF WHETHER SUCH ENTRY IS A
TRESPASS OR OTHERWISE) ANY LAKE OR WATER BODY WITHIN THE
PROPERTY, EXCEPT AS SPECIFICALLY PERMITTED BY THIS DECLARATION OR
THE RULES AND REGULATIONS ADOPTED BY THE NEIGHBORHOOD
ASSOCIATION; (iii) DECLARANT, THE NEIGHBORHOOD ASSOCIATION AND THE
OTHER LISTED PARTIES SHALL NOT BE LIABLE BUT, RATHER, SHALL BE HELD
HARMLESS. FROM ANY AND ALL LOSSES. DAMAGES (COMPENSATORY.
CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURIES OR DEATHS ARISING
FROM OR RELATING TO THE AFORESAID ACTIVITIES; (iv) ANY PURCHASE OR
USE OF ANY PORTION OF THE PROPERTY HAS BEEN AND WILL BE MADE WITH
FULL KNOWLEDGE OF THE FOREGOING; AND (v) THIS ACKNOWLEDGMENT
AND AGREEMENT IS A MATERIAL INDUCEMENT TO DECLARANT TO SELL,
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CONVEY AND/OR ALLOW THE USE OF THE APPLICABLE PORtO~ ~ ~E
PROPERTY. ALL PERSONS ARE HEREBY NOTIFIED THAT FROM TIME TO TIME
ALLIGATORS AND OTHER WILDLIFE MAY INHABIT OR ENTER INTO WATER
BODIES WITHIN THE PROPERTY AND MAY POSE A THREAT TO PERSONS, PETS
AND PROPERTY. BUT THAT THE LISTED PARTIES ARE UNDER NO DUTY TO
PROTECT AGAINST, AND DO NOT IN ANY MANNER WARRANT AGAINST. ANY
DEATH, INJURY OR DAMAGE CAUSED BY SUCH WILDLIFE.
8.3 Indemnification. Each Owner shall severally indemnify, delend and hold
Declarant and the Neighborhood Association harmless Ii-om and against any and all costs,
expenses, liabilities, tines, penalties and clean-up costs incurred by Declarant or the
Neighborhood Association, as applicable, as a result of any damage or alteration to the
Surface Water Management System caused by such Owner, or any unlawful discharge of such
Owner into the Surface Water Management System. In the event any damage to the Surface
Water Management System by a Owner is not reimbursed by such Owner upon demand, the
Neighborhood Association and applicable Sub-Neighborhood Association shall, upon written
request of Declarant, or Neighborhood Association levy and assess an individual Assessment
against such Owner to cover the cost incurred by the Neighborhood Association or Declarant
in correcting such damage, alteration or unlawful discharge, and shall pay over the amount
thereof to Declarant or Neighborhood Association, as applicable.
8.3.1 Each Sub-Neighborhood Association shall severally indemnify, delend
and hold Declarant and the Neighborhood Association hannless Irom and against any
and all costs, expenses, liabilities, fines, penalties and clean-up costs incurred by
Declarant or the Neighborhood Association, as applicable, as a result of any damage
or alteration to the Surface Water Management System caused by such Sub-
Neighborhood Association, or its authorized agents, contractors or employees, or any
unlawful discharge of such Sub-Neighborhood Association, or its authorized agents,
contractors or employees, into the Surface Water Management System. In the event
any damage to the Surface Water Management System by a Sub-Neighborhood
Association is not reimbursed by such Sub-Neighborhood Association upon demand,
the Neighborhood Association shall, upon written request of Declarant or
Neighborhood Association levy and assess an individual Assessment against all
Owners within such Neighborhood to cover the cost incurred by the Neighborhood
Association or Declarant in correcting such damage, alteration or unlawful discharge,
and shall pay over the amount thereof to Declarant or Neighborhood Association as
applicable.
8.4 Amendments to Declaration. Any amendment that would affect the Surlace
Water Management System, including the portions of the Surface Water Management System
within the Common Areas, ifany, must have prior approval of the SFWMD.
8.5 Comprehensive Service Agreement. Each Owner, by accepting a deed to any
portion of Property, acknowledges and agrees that each Owner is subject to a comprehensive
services and water use ab'l"eement entitled "Comprehensive Service Agreement", dated
December 28, 2005 by and among the Declarant, CDD, the Master Association; as amended
from time to time. The purpose of the Comprehensive Service Agreement, in pertinent part,
is to administer and assess Owners who are outside of the CDD boundaries for the delivery of
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certain community services provided by the CDD to owners within its boundaries, including
but not limited to surface water management, irrigation water and drainage.
8.6 Preserve Areas Maintenance and Protection. Portions of the Property may
be designated and dedicated as Preserve Areas. Certain Lots may be adjacent to such
Preserve Areas. The costs of all maintenance expenses on such portions of the Property may
be assessed to the Members as an Expense in perpetuity.
8.7 Preservation Easement. The Association acknowledges and shall enforce the
use restrictions placed on the Preservation Easement. The Preserve Areas shall be the
perpetual responsibility of the Neighborhood Association and may in no way he altered from
their natural or pennitled state. These use restrictions are defined on the plat associated with
the Property. Activities prohibited within the Preserve Areas include, but are not limited to,
the following:
(a) Construction or placing of buildings, roads, signs, billboards or other
advertising, utilities, or other structures on or above the ground;
(b) Dumping or placing of soil or other substance or material as landfill, or
dumping or placing of trash, waste, or unsightly or offensive materials;
(c) Removal or destruction of trees, shrubs, or other vegetation, except fix
the removal of exotic vegetation in accordance with a governmentally
approved maintenance plan;
(d) Excavation, dredging. or removal of loam, peat, gravel, soil. rock, or
other material substance in such manner as to affect the surface;
(e) Surface use except for purposes that permit the land or water area to
remain predominantly in its natural condition, and which receive prior
governmental approval. Access to the Preserve Areas by foot or
vehicle is prohibited. Pets are prohibited from within the Preserve
Areas;
(t) Activities detrimental to drainage, flood control. water conservation.
erosion control, soil conservation, or fish and wildlife habitat
preservation; or diking; or fencing;
(g) Acts or uses detrimental to such retention ofland or water areas.
ARTICLE IX
PLA YERS CLUB MANDATORY MEMBERSHIP
9.1 Club Membership Requirements. By acquisition of title to a Lot or Home, each
Owner and Designated Merchant Builder acknowledges and agrees that the Club Property is
or will be owned by the Declarant or the Club and operated by the Club. and that. each Owner
of a Lot is required to own and maintain a Club Membership. Upon transfer of title to a Lot,
Club Membership of the transferring Owner shall terminate and the transferee shall be
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required to apply t(lr and acquire a Club Membership. provided, regardless of whether or not
an application is completed. the Owner shall he required to pay the Club Charges t()r Club
Membership. Until an application is completed and submitted to the Club. the transferee will
not be pernlitted to use the Club Property as a Club Member. Privileges to use the Club
Property shall he subject to the terms and conditions of the Club Plan. The amount of the
Club Charges !()r Cluh Memhership shall be determined by the Club from time 10 time as set
t()rth in the Cluh Plan.
9.1.1 For the purposes of this Article IX onlv. Owner shall mean and
refer to the record title holder. whether one (I) or more persons or entities. of the fee
simple title to any Lot. Owners shall not include. Declarant. any Designated Merchant
Builders. unless and until such Desib'l1ated Merchant Builder occupies the Lot for
residential occupancy and any Institutional Mortgagee, unless and until such
Institutional Mortgagee acquires title to a Lot pursuant to an action for toreclosure or
any proceeding in lieu of t()feclosure. During the period of time an Institutional
Mortgagee holds title to a Lot ("Lender Ownership Period"). the Institutional
Mortgagee shall not be obligated to pay annual dues and fees to the Club.
Notwithstanding the waiver of the annual dues and fees during the Lender Ownership
Period, the obligations set torth in this Article IX shall remain in full torce and effect
and any subsequent purchaser of the Lot shall be required to acquire a Club
Membership in the Club. pay dues and fees contemplated herein. and shall otherwise
be bound by all terms and conditions set torth in this Article IX.
9.1.2 For the purposes of this Article IX onlv. any two (2) or more Lots
which are under common ownership and on which a single residence has been
constructed shall nevertheless be considered to be two (2) or more separate Lots t()r all
matters hereunder. unless an irrevocable unity of title is recorded against such Lots
and only one dwelling unit is constructed thereon, in which event they shall be
considered a single Lot.
9.1.3 In the event that an Owner is rejected for Club Membership, such
Owner shall not be required to pay the Club Charges and shall not be permitted to use
the Club Property as a Cluh Member. Such rejection tor Club Membership shall not
prohibit the conveyance of the Lot to the transteree; however. the requirements and
restrictions set t(lrth in this Covenant and the Club Plan shall remain effective as to the
Lot for any future conveyance. The Club's rejection of Club Membership to any
Owner of a Lot shall not he deemed a rejection of any future Owner of such Lot.
9.2 Creation of the Lien and Personal Obligation for the Club Charges. Each
Owner of a Lot or Home. by acceptance of a deed therefore. whether or not it shall be so
expressed in any such deed or other conveyance. shall be deemed to covenant and ab'l'ee to
pay to the Club, Club Charges for the Club Membership associated with the Lot. If a Lot or
Home is owned by more than one Owner (e.g., husband and wite), the obligation to pay the
Club Charges is a joint and several obligation of each of the Owners of that Lot or Home,
regardless of which Owner is designated to use the Club Membership as provided in the Club
Plan. If an entity owns a Lot or Home and Club Membership. the entity and the designated
user of the Club Membership shall be jointly and severally liable tor the Club Charges. The
Club Charges. together with such interest thereon and costs of collection thereof as hereinafter
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provided, shall, in addition to being Ihe personal obligation of the Club Member and Owner,
be a charge on the Lot or Home and shall be a continuing lien upon the Lot or Home against
which such Club Charge is made and shall also be the personal obligation of the person who
was the Owner of such Lot or Home at the time when the Club Charges became due. The
failure of any Owner and Club Member to pay any of the required Club Charges shall
constitute b'l'ounds for suspension and/or tennination of Club Membership by the Club. Any
Lot or Home owned by a Desib'l1ated Merchant Builder shall be exempt from the obligation to
pay the Club Charges and shall have no right to use the Club Property, unless and until the
Designated Merchant Builder occupies the Lot or Home for residential purposes. At such
time, the Designated Merchant Builder shall be deemed an Owner, shall be required to pay the
Club Charges and shall have use of the Club Facilities, subject to the requirements and
restrictions set forth herein and in the Club Plan. In no evenl shall any individual be entitled to
use the Club's Facilities unless such individual occupies the Lot or Home as their residence
and pays the required Club Charges.
9.3 Collection of Club Charges; Effect of Non-Payment of Club Charges; the
Personal Obligation of the Owner; the Lien; Remedies of the Club. If the Club Charges
are not paid when due as provided in the Club Plan, then such Club Charges shall become
delinquent and shall, together with such interest thereon and the cost of collection thereof as
hereinafter provided, thereupon become a continuing lien on the Owner's Lot or Home which
shall bind such property in the hands of the Owner, his or her heirs, devisees, personal
representatives, successors and assigns. Any individual who acquires title to a Lot or Home
upon the death of an Owner or by operation of law shall be personally liable for all unpaid
Club Charges with respect to such Lot or Home. In any voluntary conveyance, the grantee
shall be jointly and severally liable with the grantor for all unpaid Club Charges made prior to
the time of such voluntary conveyance, without prejudice to the rights of the grantee to
recover from grantor the amounts paid by the grantee therefore.
If the Club Charges are not paid when due, the Club may impose a late charge and interest on
the delinquent amount as set fi)rth in the Club Plan. The Club may bring an action at law
against the Owner and Club Member personally obligated to pay the same, and/or may record
a claim of lien against the Lot or Home on which Club Charges are unpaid, and may foreclose
the lien against the property on which Club Charges are unpaid, in like manner as a
foreclosure of a mortgage on real property, or pursue one or more of remedies set forth herein
or available at law at the same time or successively, and there shall be added to the amount of
such Club Charges, reasonable attorney's fees and costs of collecting or attempting to collect
the Club Charges through all appeals.
Any payments made to the Club by any Owner shall be applied or be disbursed by the Club,
in order, for (i) any sums advanced and paid by the Club for taxes and payments on account of
superior mortgages, liens, or encumbrances which may have been advanced by the Club in
order to preserve and protect its Club Charges lien; (ii) reasonable attorney's fees and costs
incurred by the Club incidental to the collection of Club Charges and other monies owed to
the Club by the Owner for the enforcement of its Club Charges lien; (iii) interest on any Club
Charges or other monies due to the Club, as provided in the Club Plan; (iv) any late charges,
as provided in the Club Plan; and (v) any unpaid Club Charges owed to the Club with
application to the oldest Club Charges first.
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The Club shall have the right to enforce this Covenant and the obligation to pay Club Charges
without interference from any third party.
9.4 Subordination of the Lien to Institutional First Mortgage. The lien of any
Club Charges provided fix herein shall be subordinate 10 the lien of any institutional first
mortgage recorded prior to the recordation of a claim of lien for unpaid Club Charges. As
institutional lender is defined as a state or federal bank or savings and loan association, an
insurance company. trust company. savings bank, credit union, real estate or mortgage
investment trust. mortgage broker. mortgage banker, private mortgage insurance company,
the Uniled States Veterans' Administration, United States Federal Housing Administration or
lender generally recob'l1ized in the community as an institutional lender. Any assignee of a
mortgage originated by an institutional lender shall be deemed an institutional lender for the
purposes of said mortgage. The Federal National Mortgage Association, Federal Home Loan
Mortgage Corporation and any similar institutions created in the future shall be deemed
institutional lenders, regardless of where any mortgage held by any of them originated. 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
such purchaser or mortgage shall hold title subject 10 the liability and lien of any Club
Charges becoming due atier such foreclosure or conveyance in lieu of foreclosure.
9.5 Estoppel. The Club shall, upon the written request of any Owner, furnish. within
ten (10) days after such written request. to any person liable for Club Charges. a certificate in
writing signed by an authorized signatory of the Club setting forth whether Club Charges
have been paid as to the Lot or Home of the Owner. With respect to all persons other than the
Owner of that Lot or Home, such certificate may be relied upon as conclusive evidence of
payment to the Club of such Club Charges therein stated to have been paid. The Club may
require the advance payment of a processing fee not to exceed twenty-five and 0011 00 dollars
($25.00) for the issuance of each such certificate.
9.6 Exempt Property. Notwithstanding anything to the contrary herein. the
following property shall be exempt from this Article:
9.6.1 all common areas of the Lely Resort Master Property Owners
Association or a Neighborhood Association as defined in the
Declaration of Covenants for Lely Resort. recorded in Official Records
Book 1513. Page 835 and as amended in OK Book 1539, Page 2067
and in O.R. Book 1906, Page 1178. and as subsequently amended or
modified, Public Records of Collier County. Florida; and
9.6.2 all property dedicated to and accepted by any governmental authority
or public utility
9.7 Club Membership Policies. The Club Property is not common area owned by a
"Neighborhood Association" as defined in the Declaration of Covenants for Lely Resort,
recorded in Official Records Book 1513. Page 835 and as amended in O.R. Book 1539. Page
2067 and in O.R. Book 1906, Page 1178. and as subsequently amended or modified. Public
Records of Collier County. Florida. The Club shall have the right to amend the Club Plan
which permits the Club to set and amend Club Membership and use policies and rules and
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regulations from time to time. The Club Property shall be developed' and Prti~ A th~
discretion of the Club. The Club has the exclusive right to determine from lime to time, in its
sole discretion and without notice, how and by whom these facilities shall be used, if at all.
Ownership of a Lot or Home or any other portion of the Propertv or Club Membership in a
neighborhood association does not give anv vested right or easement, prescriptive or
otherwise, to use the Club Propertv. Onlv Club Members that have paid the applicable Club
Charges mav use Club Propertv.
9.8 Non-Equity Club Membership. The Club or the Declarant owns the Club
Property and the Club will manage and operate the Club Property. Club Membership does
not give any ownership of any of the Club Property or the Club to any Club Member. As set
forth in the Club Plan, the Club mav be converted into an equitv, Club Member-owned club in
the Club's sole and absolute discretion. The Club shall not be bound to convert to an equitv,
Club Member owned club.
9.9 Notice of Transfer of Lot or Home. In the event that any Owner (other than
the Declarant) or Designated Merchant Builder desires to sell or otherwise transfer title to a
Lot or Home (by sale, gift or judicial decree), such Owner shall give the Club at least seven
(7) days prior written notice of the name and address of the purchaser or transferee, the date
on which such transfer of title is 10 take place, and such other infonnation as the Club may
reasonably require. Until such written notice is received by the Club, the transferor shall
remain jointly and severally liable with the transferee for all obligations of the Owner of the
Lot or Home, including payment of Club Charges, notwithstanding the transfer of title to the
Lot or Home.
9.10 Documents to Grantees. All Owners shall be obligated to deliver the Club
Plan to any purchaser or transferee of their Lot or Home. Copies of the Club Plan may be
acquired from the Club upon payment of a reasonable reproduction fee.
9.11 Disclosures Upon Sale of Lot or Home. Each contract for the sale of a Lot or
Home shall include the following disclosure statements in boldfaced type which is larger than
the type in the remaining text of the contract:
THE PROPERTY BEING ACQUIRED BY THIS CONTRACT IS SUBJECT
TO A RECORDED COVENANT WHICH REQUIRES THE OWNER TO ACQUIRE
AND MAINTAIN A CLUB MEMBERSHIP AND PAY CLUB CHARGES. A
PURCHASER SHOULD REVIEW THE COVENANT AND THE CLUB
MEMBERSHIP DOCUMENTS PRIOR TO THE EXECUTION OF THIS
CONTRACT.
ARTICLE X
ADMIN ISTRA TlON
10.1 Common Areas and Limited Common Areas. The Neighborhood
Association, subject to the rights of Declarant and the rights and duties of the Owners set forth
in this Declaration, shall be responsible for the exclusive management and control of the
Common Areas and the Limited Common Areas and all improvements thereon (including
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furnishings and equipment related thereto) and shall keep the same in a good, clean, attractive
and sanitary condition. order and repair, pursuant to the tenns and conditions hereof
10,2 Control by Declarant. Except to the extent otherwise required by the
provisions of the laws of Florida relating to nonprofit corporations, this Declaration, the
Bylaws or the Articles of Incorporation, the powers herein or otherwise !,'Tanted 10 the
Neighborhood Association may be exercised by the Board of Directors, acting through the
officers of the Neighborhood Association, without any further consent or action on the part of
the Owners. As provided in Section 14.1 hereof and notwithstanding any other provision to
the contrary contained in any instruments evidencing or establishing Ihe Property, Declarant
shall have the right to appoint or remove any member or members of the Board of Directors
and any officer or otlicers of the Neighborhood Association, without the necessity of a vote at
an annual meeting, until such time as the first of the following events shall occur
("Turnover"): (i) the date three months atler ninety percent (90%) of the Lots in the Property
have been conveyed to Members; or (ii) the surrender by Declarant of the authority to appoint
and remove directors and otlicers of the Neighborhood Association by an express amendment
to this Declaration executed and recorded by Declarant. Each Owner. by acceptance of a deed
to or other conveyance of a Lot or Home, vests in Declarant such authority to appoint and
remove directors and otlicers of the Neighborhood Association as provided by this Section
10.2 and by Section 14.1.
10.3 Duties and Powers. The duties and powers of the Neighborhood Association
shall be those set forth in the provisions of the laws of Florida relating to nonprofit
corporations, this Declaration, the Bylaws and the Articles of Incorporation, together with
those reasonably implied to effect the purposes of the Neighborhood Association; provided,
however, that if Ihere are conflicts or inconsistencies between the laws of Florida, this
Declaration, the Bylaws or the Articles of Incorporation, the provisions of the laws of Florida,
this Declaration, the Articles and the Bylaws, in that order, shall prevail, and each Owner of a
Lot or Home by acceptance of a deed or other conveyance therefor, covenants to vote in favor
of such amendments as will remove such conflicts or inconsistencies. The Neighborhood
Association may exercise any other right or privilege given to it expressly by this Declaration
or by law, together with every other right or privilege reasonably to be implied from the
existence of any right or privilege given to it herein or reasonably necessary to efl'ectuate any
such right or privilege. Notwithstanding the foregoing provisions of this Section 10.3 or any
other provision of this Declaration to the contrary, for so long as Declarant shall own any Lot
or Home, the Neighborhood Association shall not, without the consent of Declarant, borrow
money or pledge, mortgage or hypothecate all or any portion of the Common Areas or the
Limited Common Areas.
10.4 Agreements. Subject to the prior approval of Declarant for so long as
Declarant owns a Lot or Home, all agreements and determinations lawfully authorized by the
Board of Directors shall be binding upon all Owners, their heirs, legal representatives,
successors and assigns, and all others having an interest in the Property or the privilege of
possession and enjoyment of any part of the Property; and in performing its responsibilities
hereunder, the Neighborhood Association, through its Board of Directors, shall have the
authority to delegate to persons of its choice such duties of the Neighborhood Association as
may be determined by the Board of Directors. In furtherance of the foregoing, and not in
limitation thereof, the Neighborhood Association may obtain and pay for the services of any
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person or entity to manage its atfairs or any part thereof, to the extent it deems advisable, as
well as such other personnel as the Neighborhood Association shall deem necessary or
desirable tor the proper operation of the Property whether such personnel are tumished or
employed directly by the Neighborhood Association or by any person or entity with whom or
with which it contracts. All costs and expenses incident to the employment of a manager shall
be Expenses. During the tenn of such management agreement, such manager may, if
authorized by the Board of Directors, exercise all of the powers and shall be responsible for
the performance of all the duties of the Neighborhood Association, excepting any of those
powers or duties specitically and exclusively reserved 10 the directors. otlicers or Members of
the Neighborhood Association by this Declaration or the Bylaws. Such manager may be an
individual, corporation or other legal entity, as the Board of Directors shall determine, and
may be bonded in such a manner as the Board of Directors may require, with the cost of
acquiring any such bond to be an Expense. In addition, the Neighborhood Association may
pay for, and the Board of Directors may hire and contract for, such legal and accounting and
other professional or consulting services as are necessary or desirable in connection with the
operation of the Property or the enforcement of this Declaration, the Bylaws or the Rules and
Regulations of the Neighborhood Association.
10.5 Insurance.
10.5.1 The Board of Directors or its duly authorized agents shall have the
authority to and shall obtain and continue in effect property insurance, in such torm as
the Board deems appropriate, for the benetit of the Neighborhood Association and
insuring all insurable improvements in and to the Common Areas and the Limited
Common Areas against loss or damage by tire or other hazards, including, without
limitation, extended coverage, tlood, vandalism and malicious mischiet: such coverage
to be in an amount sufficient to cover the full replacement cost (subject to such
deductible levels as are deemed reasonable by the Board) of any repair or
reconstruction in the event of damage or destruction from any such hazard.
10.5.2 The Board or its duly authorized agents shall have the authority to and
shall obtain and continue in etfect a public liability policy covering all the Common
Areas and the Limited Common Areas and all damage or injury caused by the
negligence of the Neighborhood Association, its Members, Owners, its directors and
officers, or any of its agents. Such public liability policy shall provide such coverages
as are determined to be necessary by the Board of Directors.
10.5.3 The Board or its duly authorized agents shall have the authority and
may obtain (i) workers' compensation insurance to the extent necessary to comply
with any applicable laws and (ii) such other types and amounts of insurance as may be
determined by the Board to be necessary or desirable.
10.5.4 The Board or its duly authorized agents shall have the authority and
may obtain otlicers' and directors' insurance, if available at reasonable cost, as
determined by the Board of Directors in Iheir sole and absolute discretion.
10.5.5 All such insurance coverage obtained by the Board of Directors shall be
written in the name of the Neighborhood Association as trustee for each of the Owners
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and costs of all such coverage shall be an Expense and/or Neighborhood Expense.
Exclusive authority to adjust losses under policies obtained by the Neighborhood
Association and hereafter in f()fce with respect to the Propcrty shall he vested in the
Board of Directors: provided. however, that no Mortgagec or other security holder of
the Common Areas or the Limiled Common Arcas having an interest in such losses
may be prohibited trom participating in the scttlement negotiations, if any, related
thereto.
10.5.6 It shall be the individual responsibility of each Owner at his or her own
expense to provide public liability, property damage, title and other insurance with
respect to his or her own Lot or Home. The Board of Directors may require all
Owners and/or Sub-Neighborhood Associations to carry public liability and property
damage insurance with respect to their respective Lots, Homes and property owned by
a Sub-Neighborhood Association and to furnish copies or certificates thereof to the
Neighborhood Association evidencing continuing coverage from time to time.
10.6 Personal Property and Real Property. The Neighborhood Association,
through action of its Board of Directors, may acquire and hold tangible and intangible
personal property and real property and may dispose of the same by sale or otherwise. All
funds received and title to all properties acquired by the Neighborhood Association and the
proceeds thereof, after deducting therefrom the costs incurred by the Neighborhood
Association in acquiring or selling Ihe same, shall be held by and for the benefit of the
Neighborhood Association. The undivided interests of the Owners in the funds and assets of
the Neighborhood Association cannot be individually assigned, hypothecated or transferred in
any manner.
10.7 Rules and Regulations. As provided in Article XIII hereof, the
Neighborhood Association, through its Board of Directors. may make and enforce reasonable
Rules and Regulations governing the use of the Lots, Homcs, Neighborhoods, Common Areas
and Limited Common Areas, which Rules and Regulations shall be consistent with the rights
and duties established by this Declaration.
10.8 Indemnification. The Neighborhood Association shall indemnify and hold
harmless every otlicer or director of the Neighborhood Association and member of the
Architectural Review Board against any and all expenses, including court costs and
reasonable attorneys' fees, reasonably incurred by or imposed upon any current or former
officer or director of the Neighborhood Association and member of the Architectural Review
Board in connection with any action, suit or other proceeding (including settlement of any suit
or proceeding if approved by the Board of Directors) to which he or she may be made a party
by reason of being or having been an otliccr or director of Ihe Neighborhood Association or
member of the Architectural Review Board. The otlicers or directors of the Neighborhood
Association and mcmbers of the Architectural Review Board shall not be liable f()r any
mistake of judgment, negligence, or otherwise, except f()r their own willful misconduct. The
otlicers and directors shall have no personal liability with respect to any contract or other
commitment made by them, in good faith. on behalf of the Neighborhood Association (except
to the extent that such officers or directors may also be Owners or Members of the
Neighborhood Association), and the Neighborhood Association shall indemnify and forever
hold each such otlicer. director and member of the Architectural Review Board free and
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harmless, against any and all liability to others on account of any such contract or
commitment. Any right to indemnitication provided t()r herein shall nol be exclusive of any
other rights to which any officer or director of the Neighborhood Association or member of
the Architectural Review Board, or t(lnller officer, director or member may be entitled. Such
indemnification shall continue as 10 a person who has ceased to be a director. otlicer, member
of the Architectural Review Board, employee or agent, and shall inure to the benetit of the
heirs and personal representatives of such a person. An adjudication of liability shall not
atleet the right to indemnitication Il.lf those indemnilied. The Neighborhood Association shall
as an Expense maintain adequate general liability and otlicers' and directors' liability
insurance to fund this obligation.
ARTICLE XI
ASSESSMENTS
11.1 Purpose of Assessments. The Assessments for Expenses provided lor herein
shall be used for the general purposes of promoting the recreation, welfare, common benefit
and enjoyment of the Owners and Occupants of the Property, and maintaining the Property
and improvements therein, all as may be authorized in this Declaration, the Articles, the
Bylaws and as may otherwise be determined from time to time by the Board of Directors.
11.2 Creation of Lien and Personal Obligation of Assessments. Each Owner of
a Lot or Home by acceptance of a deed or other conveyance thereot: whether or not it shall be
so expressed in such deed or conveyance, is deemed to covenant and agree to pay to the
Neighborhood Association: (i) annual Assessments, such Assessments to be established and
collected as provided in Section 11.3 hereof; (ii) Special Assessments, such Assessments to
be established and collected as provided in Section 11.4 hereof; (iii) Individual Assessments
against any particular Lot or Home which are established pursuant to the terms of this
Declaration, including, but not limited to, lines as may be imposed against such Lot or Home
in accordance with Article XIII hereof; and (iv) any other Assessment. Any such
Assessment, together with reasonable fines as may be determined by the Committee (as
defined in Section II .8.1) trom time to time up to $100.00 per violation, court costs and
attorneys' fees incurred to entorce or collect such Assessment, shall be an equitable charge
and a continuing lien upon the Lot or Home, the Owner of which is responsible for payment.
Notwithstanding the foregoing, a line of less than $1.000.00 may not become a lien against a
Lot or Home. Each Owner shall be personally liable tor Assessments coming due while he or
she is the Owner of a Lot or Home, and his or her grantee shall take title to such Lot or Home
subject to the equitable charge and continuing lien therel()f, but without prejudice to the rights
of such grantee to recover Irom his or her grantor any amounts paid by such grantee therefor.
Any purchaser of a Lot or Home through a Foreclosure sale shall thereafter be subject
to all future Assessments. In the event of co-ownership of any Lot or Home, all of such
co-Owners shall be jointly and severally liable tor the entire amount of such Assessments.
Assessments shall be paid in such manner and on such dates as may be tixed by the Board of
Directors, unless otherwise provided by the Board, at any time and from time to time, the
annual Assessments shall be paid in one annual installment.
11.3 Computation of Annual Assessments. It shall be the duty of the Board at
least thirty (30) days prior to the Neighborhood Association's budget meeting to prepare a
budget covering the estimated Expenses during the coming year. The Board shall cause the
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budget and the proposed total of the annual Assessments to be levied against Lots and Homes
for the following year to he delivered in accordance with this Declaration to each Owner at
least t(JUrteen (14) days prior to such meeting. The budget and the annual Assessments shall
become effective unless disapproved at the annual meeting hy either (i) Declarant, for so long
as Declarant has the authority to appoint and remove directors and officers of the
Neighborhood Association. or (ii) a vote of a majority of the votes of the Neighborhood
Association (provided that a minimum vote of fifty-one percent (51 %) of all the votes of the
Neighborhood Association shall be required to disapprove the budget). If any budget at any
time proves inadequate tor any reason, then the Board may call a meeting of the
Neighborhood Association tor the approval of a special Assessment as provided in Section
11.4 hereof. Except as provided in Section 11.10, each Lot shall be subject to annual
Assessments based upon one or more of the toll owing standards: (a) direct charge to the
Owner exclusively benetited by the cost or expense: (b) allocation among Owners benetited
by the cost or expense based upon the relative intensity or quantity of use of the item or
service with respect to which the cost or expense was incurred: or (c) equally among every
Lot and Home. Any allocated or shared cost or expense will be allocated as determined by the
Neighborhood Association, and the determination by the Neighborhood Association will be
dispositive. In the event of any dispute between or among Owners as to the propriety or
amount of any expense incurred by the Neighborhood Association or one or more Owners for
(or purportedly tor) the benetit of such Owner(s) and one or more other Owners, and/or the
proper amount of such expense to be allocated to each benetited Owner, and/or the identity of
the Owners benefited by such cost or expense, such dispute may be referred to the
Neighborhood Association by any party to the dispute, and the decision of the Neighborhood
Association with respect to such dispute will be dispositive and binding upon all Owners and
other persons or entities atfected thereby. Notwithstanding the t()regoing, in the event the
proposed budget is disapproved or the Board fails tor any reason to detennine the budget t()r
any year, then and until such time as a budget shall have been determined as provided herein,
the budget in eftect t()r the immediately preceding year shall continue for the current year
subject to a maximum tive percent (5%) increase in each line item of the preceding year's
budget.
The budget may include, without limitation, the tollowing listed line items:
11.3.1.1 All expenses necessary to meet the Neighborhood
Association's responsibility to maintain the Common Areas
and the Limited Common Areas in accordance with the
requirements of this Declaration. Including. by way of
illustration and not as limitation, such Common Areas and
Limited Common Areas expenses as: maintenance of the
Surface Water Management System, irrigating, grass cutting,
trimming. tertilizing, pest control. and the like, in a manner
consistent with the ARB Guidelines.
11.3.1.2 All charges levied for utility services to the Common Areas or
the Limiled Common Areas. whether supplied by a private or
public tirm including. without limitation, all charges tor
water. electricity, telephone, sewer. cable television, and any
other type of utility or service charge.
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11.3.1.3
The premiums on any policy or policies of in~ra~e1qged
under this Dcclaration, together with the costs of such other
policies of insurance, as the Board. shall detem1ine to he in
the hest intercsl of the Neighborhood Association.
1
11.3.1.4 The costs of administration for the Neighborhood
Association. including any secretaries, bookkeepers, club
manager and other employees necessary to carry out the
ohligations and covenants of the Neighhorhood Association
under the Declaration, including the collection of sums owed
hy a particular Lot. In addition. the Neighborhood
Association may retain a managing company or contractors to
assist in the operation of the Neighborhood Association and to
perfonn or assist in the perfonnance of certain obligations of
the Neighborhood Association hereunder. The fees or costs of
any management company or contractor so retained shall be
deemed to he part of the Neighborhood Association's expense.
11.3.1.5 The costs of Neighborhood Control for the Neighborhood
Association. including but not limited to any Neighborhood
Control personnel. equipment and electronic gate control.
11.3.1.6 All taxes levied or assessed upon the Common Areas or the
Limited Common Areas. by any and all taxing authorities.
including all taxes. charges and assessments, imposition and
liens for puhlic improvements. special charges and
assessments; and. in general, all taxes on personal property
and improvements which are now and which hereinafter may
be placed in the Common Areas or the Limited Common
Areas. including any interest penalties and other charges
which may accrue on such taxes.
11.3.1.7 All otT property maintenance, including, without limitation,
median landscaping, as required by the Development Order.
the County or other governmental authority.
11.4 Special Assessments. In addition to the annual Assessments
authorized above. the Neighborhood Association, acting through its Board of
Directors, may levy, in any Assessment year, Special Assessments for Expenses,
applicable to that year only. provided that any such Assessment shall be approved by
(i) Declarant, tor so long as Declarant owns any Lot or Home and (ii) by a majority of
the votes of the Members of the Neighborhood Association who are voting at a
meeting duly called t'Jr this purpose. The Board of Directors may make such special
Assessments payahle in installments over a period which may, in the Board's
discretion. cxtend in excess of the fiscal year in which adopted.
11.5 Individual Assessments. Any expcnses of the Neighborhood
Association arising out of either or both of the following events shall be specially
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assessed against the appropriate Neighborhood and/or Owner(s) and their respe~tive
Lots or Homes: (i) any expenses oc~asioned by the conduct of less than all of the
Owners or by the family. tenants. agents. guests or invitees of any Owner: and (ii) any
expenses arising out of the provision by the Neighborhood Association or Declarant of
maintenancc service under Section 6.2.1. By way of example and not of limitation,
Individual Assessments may include. fines assessed as set forth in Article XIII hereof.
The Individual Assessments provided for in this Section 11.5 shall be levied by the
Board of Directors and the amount and due date of such Assessments so levied by the
Board shall be as specified by the Board.
11.6 Expenses and Sub-Neighborhood Expenses. Notwithstanding
anything to the contrary contained herein, Assessments may be divided by the Board
of Directors into several categories. as the Board of Directors may determine in its
sole and absolute discretion. Without limitation on the foregoing, the Board of
Directors may determine in its sole discretion that certain expenses exclusively and
directly benefit some but not all of the Sub-Neighborhoods ("Sub-Neighborhood
Exoenses"), in whi~h event the Board of Directors may ratably allocate those Sub-
Neighborhood Expenses only among those Sub-Neighborhoods that the Board of
Directors detem1ines are benefited thereby. The Board of Directors may determine, in
its sole discretion, that other expenses benefit all of the Sub-Neighborhoods and do not
exclusively and directly benefit only one or a few Neighborhoods ("Exoenses").
These Expenses shall be ratably assessed to all Owners as provided in Section 11.3.
subject to the limitations set forth herein. Decisions by the Board of Directors as to
whether expenses constitute Sub-Neighborhood Expenses or Expenses are final and
binding, and not subject to revision.
II. 7 Liens. All sums assessed against any Lot or Home pursuant to this
Declaration. together with court costs, reasonable attorneys' fees. late charges and
interest as provided herein, shall be secured by an equitable charge and continuing lien
on such Lot or Home in favor of the Neighborhood Association. Such liens shall be
superior to all other liens and encumbrances on such Lot or Home except only ft)r (i)
liens of ad valorem taxes. and (ii) liens for all sums unpaid on a first priority
Institutional Mortgage or on any Mortgage made by Declarant or its atliliates. and all
amounts advanced pursuant to any such Mortgage and secured thereby in ac~ordance
with the tenns of such instrument. Notwithstanding the foregoing to the contrary, the
subordination of Assessments to the lien of such Mortgages shall only apply to such
Assessments which have be~ome due and payable prior to a Foreclosure. All other
persons acquiring liens or encumbran~es on any Lot or Home after this Declaration
shall have been recorded shall be deemed to consent that such liens or encumbrances
shall be inferior to such future liens for Assessments as provided herein. whether or
not such prior ~onsent shall be specifi~ally set forth in the instruments creating such
liens or encumbrances.
11.8 Effect of Nonpayment; Remedies of the Neighborhood Association.
11.8.1 Any Assessment of an Owner or any portions thereof which are not
paid when due shall be delinquent. Any Assessment delinquent for a period of more
than ninety (90) days afier the date when due the Neighborhood Association may (i)
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suspend, until the monetary obligation is paid, the rights of the Owner and Occupant
to use the Common Areas and Recreational Facilities and (ii) may levy reasonable
tines as may be determined by the Board from time to time up to $100.00 per
violation. A tine may be levied or suspension may be imposed upon delivery of 14
day written notice to the Owner sought to be fined or suspcnded and an opportunity
for a hearing before a committee of at least thrce members appointed by the Board
who are not otlicers, directors, or employees of the Neighborhood Association, or the
spouse, parent, child. brother, or sister of an otlicer, director, or employee (the
"Committee"). If the committee, by majority vote, does not approve a proposed fine
or suspension, it may not be imposed. If the Neighborhood Association imposes a fine
or suspension, the Neighborhood Association must provide written notice of such fine
or suspension by mail or hand delivcry to the Owner and, if applicable, to any tenant,
licensee, or invitec of the Owner.
11.8.2 A lien and equitable charge as herein provided for each Assessment
shall attach simultaneously as the same shall become due and payable, and if any
installment of the Assessment for such year has not been paid within thirty (30) days,
the entire unpaid balance of the Assessment may be accelerated at the option of the
Board and be declared due and payable in full. The continuing lien and equitable
charge of such Assessment and/or installment of Assessment shall include the late
charge established by the Board of Directors, interest on the principal amount due at
the rate of eighteen percent (18%) per annum, all costs of collection (including
reasonable attorneys' fees and court costs), and any other amounts provided or
permitted hereunder or by law. In addition, the Neighborhood Association may
charge an administrative late fee, not to exceed the greater of $25.00 or 5% of each
delinquent Assessment or installment of the Assessment In the event that the
Assessment or installment of Assessment remains unpaid after forty-five (45) days
after the date the Owner has been provided written notice of the Board's intention to
institute suit to collect such amounts and to foreclose its lien. The equitable charge
and lien provided f()r in this Article shall be in favor of the Neighborhood Association,
and each Owner, by his acceptance of a deed or other conveyance to a Lot or Home,
vests in the Neighborhood Association and its agents the right and power to bring all
actions against him personally for the collection of such Assessments as a debt and/or
to foreclose the aforesaid lien in the same manner as other liens for the improvement
of real property. The Neighborhood Association shall have the power to bid on the
Lot or Home at any Foreclosure sale and to acquire, hold, lease, mortgage and convey
the same. Notwithstanding the foregoing, a tine of less than $1,000.00 may not
become a lien against a Lot
11.8.3 No Owner may waive or otherwise escape liability for the Assessments
provided for herein, including by way of illustration but not limitation, non-use of the
Common Areas or the Limited Common Areas or abandonment of his Lot or Home,
and an Owner shall remain personally liable for Assessments, interest and late charges
which accrue prior to a sale, transfer or other conveyance of his Lot or Home. The
obligation to pay Assessments is a separate and independent covenant on the part of
cach Owner. No diminution of abatement of Assessment or set-oil" shall be claimed or
allowed by reason of any alleged failure of the Neighborhood Association or Board to
take some action or perform some function required to be taken or performed by the
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Neighborhood Association or Board under this Declaration or the Bylaws, or for
inconvel1lence or discomfort arising from the making of repairs or improvements
which are the responsibility of the Neighborhood Association, or from any action
taken to comply with any law. ordinance, or with any order or directive of the County
or other governmental authority.
11.9 Certificate. The treasurer or any assistant treasurer shall, within ten (10) days
of a written request and upon payment of such fee as is from time to time reasonably
determined by the Board of Directors, furnish to any Owner which requests the same. a
certificate in writing signed by said treasurer or assistant treasurer, setting forth whether the
Assessments for which such Owner is responsible have been paid, and, if not paid, the
outstanding amount due and owing, together with all fines. accrued interest and other penalty
charges. As to parties without knowledge of error who rely thereon, such certificate shall be
presumptive evidence against all but such Owner of payment of any Assessments stated
therein to have been paid.
11.10 Date of Commencement of Annual Assessments; Declarant's Rights and
Obligations. The annual Assessments provided for herein shall commence as to each Lot and
Home on the day on which such Lot or Home is conveyed to a person other than Declarant
and shall be due and payable in such manner and on such schedule as the Board of Directors
may provide. The Declarant may be excused from the payment of the share of Expenses and
Assessments related to the Lots and Homes owned by the Declarant until the first day of the
fi.)urth calendar month fi.)lIowing the month in which the closing of the purchase and sale of
the first Lot or Home occurs. During such exemption period, the Declarant shall pay the
portion of Expenses incurred during that period which exceed the amount assessed against
other Owners. Declarant guarantees, pursuant to Florida Statutes 720.308, that the
Assessments for Expenses (including reserves) imposed upon the Owners will not increase
over the following dollar amounts and will pay any amounts of Expenses incurred during the
below period(s) not produced by the Assessments receivable from other Owners for a period
commencing upon the date of recording of the Declaration in the Public Records and ending
on the last day of the sixth full calendar month following the month of recording. Declarant
has the option after this initial period to extend this Guarantee (for the same amounts) for an
unlimited number of consecutive six (6) month periods, by providing written notice to the
Neighborhood Association at least thirty (30) days prior to the commencement of the next
successive six (6) month period provided, however, notwithstanding any provision to the
contrary, the guarantee shall automatically terminate on the date of Ihe meeting of Owners at
which transfer of control of the Association to Owners other than the Declarant occurs. In
exchange for this Guarantee, the Declarant shall be excused from the payment of Assessments
for Expenses on Declarant owned Lots and Homes. TIle amounts of the Guaranteed
Assessments for each Lot and Home are Two Thousand One Hundred and 001100 Dollars
($2,1 00.00) Dollars per quarter and Eight Thousand Four Hundred and 0011 00 Dollars
(58,40(1.00) Dollars per year. Any surplus in funds held by or due to the Neighborhood
Association shall be carried over from year to year so as to reduce Declarant's obligation to
pay Assessments, and Declarant shall have no obligation to fund reserves if the Board of
Directors creates such reserves. Upon Declarant no longer having the authority to appoint
directors or officers of the Neighborhood Association, Declarant shall be obligated only to
pay Assessments on Lots and Homes owned by Declarant. Notwithstanding anything to the
contrary contained herein, so long as Declarant controls the Neighborhood Association
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pursuant to Sections 10.2 and 14.1, Declarant shall have the right in its sole and absolute
discretion 10 change the Assessments attributable to any portion of the Property at any time
and from time to time, and Declarant shall have the additional right to designate portions of
the Property to be exempt from assessment under this Article XI. The Declarant's obligation
hereunder may be satisfied in the form of a cash subsidy or by "in kind" contributions of
services or materials, or a combination of these. The Neighborhood Association is specifically
authorized to enter into subsidy contracts or contracts flJr "in kind" contribution of services or
materials or a combination of services and materials with the Declarant or other entities for
the payment of some portion of the Assessments.
11.11 Common Areas and Limited Common Areas and Certain Other Property.
Unless otherwise provided herein, no Common Areas or Limited Common Areas hereunder
shall be subject to assessment hereunder. Further, the foregoing exemption shall apply to any
land owned by a public agency as long as such land is used for public purposes. In the event
of any ambiguity or doubt as to whether any particular open space or other land is subject to
assessment, the determination of Declarant shall be final and conclusive; unless Declarant is
no longer in control of the Neighborhood Association then at such time it shall be the
Neighborhood Association.
11.12 Capital Contributions. Upon acquisition of record title to a Lot or Home
from the Owner, such new Owner will contribute to the capital of the Neighborhood
Association an amount equal to one-fourth (1/4) of the amount of the Assessment determined
by the Board of Directors for the Lot or Home for the year in which the new Owner acquired
title ("Capital Contributions"). Such Capital Contributions shall be used to establish adequate
funds for replacement and/or capital refurbishment of the Common Areas and the Limited
Common Areas, Surface Water Management System and the portions of Lots or Homes
which the Neighborhood Association is responsible for maintaining and the payment of other
expenses in the amounts detenllined proper and sufficient by the Board, if any. Each Owner
acknowledges and understands that Capital Contributions are the exclusive property of the
Neighborhood Association as a whole, and that no Owner shall have any interest, claim or
right to any such Capital Contributions or funds composed of the same. The Neighborhood
Association shall be responsible for maintaining the Capital Contribution in a separate reserve
account and to use such funds only fllf capital costs and expenses as aforesaid.
11.13 Use of Reserves. Any Reserve Funds established by the Neighborhood
Association from time to time, whether funded from Annual Assessments or from Capital
Contributions shall be used only for the purpose originally reserved for in the Neighborhood
Association budget and may not be used by the Neighborhood Association for any other
purpose, unless such other purpose is approved by a majority vote at a duly called meeting of
the Neighborhood Association at which a quorum is present.
11.14 Mortgagee Foreclosure. To the extent permitted by law, a mortgagee of a
first mortgage of record who acquires a lot or Home by foreclosure of the mortgage, or by
deed in lieu of foreclosure shall not be liable for the share of Expenses or Assessments
attributable to the Lot or Home, or chargeable to the former Owner of the Lot or Home, which
came due prior to the mortgagee's acquisition of title, unless the payment of the past due
amounts was secured by a claim of lien recorded by the Neighborhood Association prior to
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the recording of the first mortgage. It is acknowledged and agreed that as of the date of
recording of this Declaration. 720.3085. Florida Statutes provides that the liability ofa first
mortgagee. or its successor or assignee as a suhsequent holder of the first mortgage who
acquires title to a parcel hy foreclosure or by deed in lieu offoreclosure for the unpaid
Assessments that became due bef(1fe the mortgagee's acquisition of title. shall be the lesser of
(i) the Lot or Home unpaid Expenses and regular periodic or Special Assessments that
accrued or came due during the twelve (12) months immediately preceding the acquisition of
title and for which payment in full has not been received by the Neighborhood Association or
(ii) one percent (I %) of the original mortgage debt. An Owner. regardless of how title to Lot
or Home has been acquired, including by purchase at a foreclosure sale or by deed in lieu of
foreclosure. is liable for all Assessments that come due during the Owner's ownership period.
The Owner's liability for Assessments may not be avoided by waiver or suspension of the use
or enjoyment of any common area or by abandonment of the parcel upon which the
assessments are made. An Owner is jointly and severally liable with the previous Owner for
all unpaid Assessments that came due up to Ihe time of transfer of title. This liability is
without prejudice to any right the present Owner may have to recover any amounts paid by
the present Owner from the previous Owner.
ARTICLE XII
ARCHITECTURAL STANDARDS AND USE RESTRICTIONS
12.1 Purpose. In order to preserve the natural setting and beauty of the Property, to
establish and preserve a harmonious and aesthetically pleasing design for the Property, and to
protect and promote the value of the Property. the Lots, Homes, Neighborhoods and any and
all improvements located therein or thereon shall be subject to the restrictions set f()rth in this
Article XII. Every grantee of any interest in a Lot or Home. and every Sub-Neighborhood
Association. by acceptance of a deed or other conveyance of such interest. agrees to be bound
by the provisions of this Article XII.
12.2 Restrictions Applicable to Buildings and Other Improvements.
12.2.1 Architectural Review Board.
12.2.l.I The Board of Directors shall establish the Architectural
Review Board, which shall consist of up to five (5) (but not
less than three (3)) members, and who mayor may not be
members of the Board of Directors. provided that prior to the
termination of Declarant's right to appoint and remove
otlicers and directors of the Neighborhood Association, any
members appointed by Declarant do not have to be Owners.
The regular term of otlice for each member shall be one (I)
year. coinciding with the calendar year of the Neighborhood
Association. Any member appointed by the Board may be
removed with or without cause by the Board at any time by
written noticc to such appointee, and a successor or successors
appointed to fill such vacancy shall serve the remainder of the
term of the f()rmer member. Notwithstanding the foregoing to
the contrary, any member appointed to the Architectural
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Review Board by the Board shall be subject to the prior
approval of Declarant until that date which is one (I) year
from and after the date on which Declarant's right to appoint
and remove officers and directors of the Neighborhood
Association is terminated.
t 1
12.2.1.2 The Architectural Review Board shall elect a chairman and in
the absence of the chairman, the vice chairman, shall be the
presiding officer at its meeting. The Architectural Review
Board shall meet at least once in each calendar month, as well
as upon call of the chairman, and all meetings shall be held at
such places as may be designated by the chairman. Three (3)
members shall constitute a quorum for the transaction of
business, and the affirmative vote of a majority of those
present in person at a meeting of the Architectural Review
Board shall constitute the action of the Architectural Review
Board on any matter before it.
12.2.1.3 The Architectural Review Board is authorized to retain the
services of consulting architects, landscape architects, urban
designers, engineers, inspectors and/or attorneys in order to
advise and assist the Architectural Review Board in
performing its functions set forth herein. Each member of the
Architectural Review Board may be paid a stipend or
honorarium as from time to time determined by the Board.
The Architectural Review Board may establish fees sufficient
to cover the expenses of reviewing applications, plans and
related data, and to compensate any consulting architects,
landscape architects, urban designers, inspectors or attorneys
retained in accordance with the terms hereof.
12.2.2 Requirement of Architectural Review; ARB Guidelines; Delegation
of Authority.
12.2.2.1 No Home or other improvements of any nature whatsoever
shall be constructed, altered, added to or maintained upon any
part of the Property, except for (i) Homes and other
improvements which are constructed by Declarant, (ii) such
improvements as are approved by the Architectural Review
Board in accordance with this Article XII, or (iii)
improvements which pursuant to this Article XII do not
require the consent of the Architectural Review Board.
12.2.2.2 The Architectural Review Board is hereby authorized to and
shall promulgate from time to time written ARB Guidelines
governing the construction, location, color, landscaping and
design of improvements. the contents of submissions of plans
and specifications, and other information required to evidence
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compliance with and obtain approval pursuant to Section
12.2. Any such ARB Guidelines published by the
Architectural Review Board shall be binding and enforceable
on all Owners with respect to all improvements in the
Property requiring the approval of the Architectural Review
Board.
12.2.2.3 The Architectural Review Board shall have the right, in its
sole and absolute discretion, to delegate its authority under
this Section 12.2 to a Sub-Neighborhood Association (or an
architectural review board of a Sub-Neighborhood
Association). Such Neighborhood architectural review board
or Sub-Neighborhood Association shall provide the
Architectural Review Board with copies of all architectural
review decisions made, together with copies of all information
and supporting documentation reviewed in making such
decision. Notwithstanding any such delegation under this
Section 12.2.2.3, the Architectural Review Board shall have
the right to object to any architectural review decision made
by any Neighborhood architectural review board or Sub-
Neighborhood Association within ten (10) days after the
Architectural Review Board's receipt of an architectural
review decision (and infonnation and supporting
documentation) from such Neighborhood architectural review
board or Sub-Neighborhood Association. If the Architectural
Review Board objects to any such architectural review
decision, the Owner no later than ten (10) days after the
Architectural Review Board's request shall submit a complete
application to the Architectural Review Board. In the event of
any objection by the Architectural Review Board, the decision
of the Neighborhood architectural review board or Sub-
Neighborhood Association shall be set aside, and the decision
of the Architectural Review Board shall be binding and final.
12.2.2.4 In the event the Architectural Review Board elects to delegate
its authority to a Sub-Neighborhood Association (or an
architectural review board of a Sub-Neighborhood
Association), such delegee shall have all the rights and duties
of the Architectural Review Board under Section 12.2 subject,
however, to the terms of Section 12.2.2.3.
12.2.3 Construction of Improvements. No Home may be temporarily or
permanently occupied until the exteriors thereof and the landscaping of the Lot on
which the Home is located have been completed, and a certificate of occupancy for
such Homc has been issued. No temporary house, shack, tent, or other outbuilding
shall be pennitted on any Lot, or within any Neighborhood at any time, except fix (i)
lemporary structures for construction or for social functions as may be permitted by
Rules and Regulations promulgated by the Board and (ii) temporary certificates of
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occupancy issued f,)r Homes to be used as model(s) for Declarant's promotion of the
Lakoya Community. During the continuance of construction by an Owner or a Sub-
Neighborhood Association, such Owner or Sub-Neighborhood Association shall
require its contractors to maintain the Lot, Home and Neighborhood in a reasonably
clean and uncluttered condition and. to the extent possible, all construction trash and
debris shall be kept within rcfuse containers, and the construction site shall be kept
secure by the use of temporary fences during construction. Upon completion of
construction, such Owner or Sub-Neighborhood Association. as the case may be, shall
cause its contractors to immediately remove all equipment, tools and construction
material and debris from the Lot, Home or Neighborhood on which such construction
has been completed.
12.2.3, I Owner acknowledges and understands that all property
(including the rear yards of Lots) abutting water bodies will
be sloped in order to match the grade of the abutting water
body as required by SFWMD or any other appropriate
governmental authority. The sloping may impact the design
of exterior improvements including but not limited to pools,
pool decks or pool cages. Purchaser's selection's of options
and/or upgrades that modify the footprint of an existing model
or are added to the exterior of the residence must be reviewed
and approved by the Declarant to insure an appropriate "lot
fit". Any selections that are not compatible with the sloping,
as determined by Declarant in its reasonable discretion, must
be modified or withdrawn
12,2.4 Architectural Approval. To preserve the architectural and aesthetic
appearance of the Property, no construction of any Home or other improvements of
any nature whatsoever shall be commenced or maintained by any Owner or Sub-
Neighborhood Association, other than Declarant, with respect to the construction or
affecting the exterior appearance of any Home or with respect to any other portion of
the Property, including, without limitation, the construction or installation of
sidewalks, driveways, parking lots, mailboxes, decks, patios, courtyards, awnings,
swimming pools, tennis courts, b'l"eenhouses, playhouses, doghouses, walls, fences,
exterior lighting, recreational facilities, or other buildings, unless and until two (2)
copies of the plans and specifications and related data showing the nature, color, type,
shape, height, materials and location of the same, contact information of all Florida
licensed subcontractors constructing the improvements together with a copy of each
subcontractor's license and certificate of insurance shall have been submitted to and
approved in writing by the Architectural Review Board as to the compliance of such
plans and specifications with such ARB Guidelines as may be published by the
Architectural Review Board from time to time. Notwithstanding the foregoing, an
Owner may make interior improvements and alterations within its Home that do not
affect the exterior appearance, and a Sub-Neighborhood Association may make
interior improvements or alterations within any Home or structures which it owns or
maintains that do not affect the exterior appearance, without the necessity of approval
or review by the Architectural Review Board. The Architectural Review Board shall
have the sole discretion to determinc whether plans and specifications submitted for
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I
approval arc acceptable to the Ncighborhood Association. Following approval of any
plans and specificalions by the Archilectural Rcview Board, representatives of the
Architectural Rcview Board shall have the right during rcasonablc hours to cnter upon
and inspect any Lot, Homc, Neighborhood or othcr improvcments with rcspect to
which construction is underway to detemlinc whether or not thc plans and
specifications thercfor havc been approved and arc being complied with. In the event
thc Architcctural Review Board shall determine that such plans and specifications
have not bcen approvcd or arc not being complied with, thc Architcctural Rcview
Board shall be entilled to cnjoin further construction and to require the removal or
corrcction of any work in placc which does not comply with approved plans and
specifications. In the cvcnt the Architcctural Rcview Board fails to approvc or
disapprove in writing any proposed plans and specifications within thirty (30) days
after such plans and specifications and all other materials with rcspect thcreto as the
Architectural Rcview Board may request. shall have been submitted, such plans and
spccifications will be deemed to havc been expressly approved, provided the proposed
improvemcnts arc generally in harmony with the schemc ofthc Property as set forth in
this Declaration. Refusal of approval of plans and specifications may bc bascd by the
Architcctural Review Board upon any ground which is consistent with the objects and
purposcs of this Declaration, including purely aesthetic considerations, so long as such
grounds are not arbitrary or capricious.
12.2.5 Landscaping Approval. To preserve the aesthetic appearance of thc
Property, no landscaping, clearing, grading, excavation or filling of any nature
whatsoever shall be implemcnted and installed by any Owner or Sub-Neighborhood
Association, othcr than Declarant, unless and until the plans thcrefor havc been
submittcd to and approved in writing by the Architectural Review Board. Thc
provisions of Section 12.2.4 regarding timc fl)r approval of plans, right to inspect,
right to enjoin and/or rcquire rcmoval. etc., shall also be applicable to any proposed
landscaping, clcaring, grading, cxcavation or filling. No Owncr or Sub-Ncighborhood
Association, othcr than Declarant, shall be entitled to cut, remove or mutilate any
trees, shrubs, bushcs or other vegetation having a trunk diameter of four (4) inchcs or
more at any point above ground levcl. without obtaining Ihe prior approval of the
Architectural Review Board.
12.2.6 Disclaimer as to Architectural Review Board; Approval Not
Guarantee. NO APPROVAL OF PLANS AND SPECIFIC A T10NS AND NO
PUBLICATION OF ARB GUIDELINES SHALL BE CONSTRUED AS
REPRESENTING OR IMPLYING THAT SUCH PLANS, SPECIFICATIONS OR
STANDARDS WILL, IF FOLLOWED. RESULT IN PROPERLY DESIGNED OR
CONSTRUCTED IMPROVEMENTS SUCH APPROVALS AND ARB
GUIDELINES SHALL IN NO EVENT BE CONSTRUED AS REPRESENTING OR
GUARANTEEING THAT ANY HOME OR OTHER IMPROVEMENT BUILT IN
ACCORDANCE THEREWITH WILL BE BUILT IN A GOOD AND
WORKMANLIKE MANNER. NEITHER DECLARANT, THE NEIGHBORHOOD
ASSOCIATION NOR THE ARCHITECTURAL REVIEW BOARD SHALL BE
RESPONSIBLE OR LIABLE FOR ANY DEFECTS IN ANY PLANS OR
SPECIFICATIONS SUBMITTED, REVISED OR APPROVED PURSUANT TO
THE TERMS OF THIS ARTICLE XII, ANY LOSS OR DAMAGE TO ANY
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PERSON ARISING OUT OF THE APPROVAL OR DISAPPROVAL OF ANY
PLANS OR SPECIFIC A TIONS. ANY LOSS OR DAMAGE ARISING FROM THE
NONCOMPLIANCE OF SUCH PLANS AND SPECIFICATIONS WITH ANY
GOVERNMENTAL ORDINANCES AND REGULATIONS. OR ANY DEFECTS
IN CONSTRUCTION UNDERTAKEN PURSUANT TO SUCH PLANS AND
SPECIFIC A TlONS.
12.2.7 Building Restrictions. All buildings and other structures shall be
constructed in compliance with any and all applicable state. county and municipal
zoning and building restrictions and any applicable regulations and restrictions of
applicable governmental agencies.
12.2.8 Exterior Appearance. All fences shall be subject to the approval of
the Architectural Review Board. Further, no foil or other reflective materials shall be
used on any windows for sunscreens, blinds, shades or other purpose, nor shall any
window-mounted heating or air-conditioning units be permitted without the approval
of the Architectural Review Board. Outside clotheslines or other outside facilities for
drying or airing clothes are specifically prohibited and shall not be erected, placed or
maintained unless screened completely from view on all sides from all adjoining
properties. nor shall any clothing, rugs or other items be hung on any railing, fence,
hedge or wall. No projections of any type shall be placed or permitted to remain
above the roof of any improvement except approved chimneys or vent stacks.
12.2.9 Signs. Except as may be required by legal proceedings, no signs.
banners or advertising posters of any kind shall be maintained or permitted within any
windows, on the exterior of any improvements located within the Property, or
elsewhere on any portion of the Property, without the express written permission of
the Architectural Review Board. The Architectural Review Board may establish
reasonable restrictions regarding thc display of the American flag, and may require
that only standardized "For Sale" signs be used. The approval of any signs and
posters, including. without limitation. name and address signs. shall be upon such
conditions as may be from time to time determined by the Architectural Review Board
and may be arbitrarily withheld. Notwithstanding the foregoing, the restrictions of
this Section 12.2.9 shall not apply to Declarant. In addition, the Board of Directors,
on behalf of the Neighborhood Association. shall have the right to erect reasonable
and appropriate signs on any portion of the Common Areas or the Limited Common
Areas and within those easement areas established in Section 7.6.
12.2.10 Antennas and Electronic Devices. Except as may be specifically
permitted by law in effect as of the date of recording of this Declaration (and in such
event, only to the extent pennitted by such law), no outside antennas. antenna poles,
antenna masts, electronic devices. satellite dishes or antenna towers shall be permitted.
If such device is permitted by such law(s), adequate screening of same from otTsite
view shall be required, and the plans. location, and method of screening shall be
submitted for approval prior to installation. Placement of the aforesaid items within
any screened enclosure on the Lot shall be permitted so long as there is appropriate
landscaping and/or other screening. The decision of what constitutes adequate
landscaping and/or screening shall be made by the ARB, whose decision shall be final.
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12.2.11 Flagpoles and Flags. No more than one (I) flagpole per Home only
will be permitted and the flagpole design and location must be first approved in
writing by the ARB. An approved flagpole shall not be used as an antenna.
Declarant, its successors or assigns, shall have the right for as long as Declarant
maintains a sales office on the Property, to install a flagpole which will not exceed a
height of twenty (20') feet above ground level; provided the flagpole does not obstruct
sightlines at intersections and is not erected within or upon an easement. An Owner
may display in a respectful manner from that flagpole, one official United States flag,
not larger than 41/2 feet by 6 feet, and may additionally display one official flag of the
State of Florida or the United States Army, Navy, Air Force, Marines, or Coast Guard,
or a POW-MIA flag. Such additional flag must be equal in size to or smaller than the
United States flag. The flagpole and display are subject to all building codes, zoning
setbacks, and other applicable governmental regulations, including, but not limited to,
noise and lighting ordinances in the County or municipality in which the flagpole is
erected and all setback and locational criteria contained in the ARB Guidelines.
Further, the display of one portable, removable United States flag by an Owner is
permissible; provided however, the flag must be displayed in a respectful manner,
consistent with Title 36 U.S.c. chapter 10.
12.2.12 Additional Items Requiring the Prior Approval of the
Architectural Review Board. Without in any matter limiting the generality of any
other provision in Section 12.2, the following items must be approved in advance by
the Architectural Review Board:
(a) Flagpoles and other similar items;
(b) Lawn ornaments, exterior sculpture, fountains and other similar items;
(c) Swimming pools and tennis courts;
(d) Bicycle racks or stands;
(e) Outdoor lighting.
12.3 General Restrictions.
12.3.1 Septic Tanks. No septic tanks, cesspools or similar sewage facilities or
oil tanks may be installed on the Property.
12.3.2 Tanks. No bottle gas tanks except 20 Ib propane gas tanks for barbeque
grill use, soft water tanks, underground gas tanks or similar underground tanks may be
installed or maintained on any Lot, Home or Neighborhood unless specifically
approved by the Architectural Review Board, which approval may be withheld by the
Architectural Review Board in its sole and absolute discretion. Notwithstanding the
foregoing, the Homes shall be equipped for natural gas and in the event there is a
interruption in natural gas supply, the natural gas supplier may, in its discretion,
deliver and temporarily install natural gas tanks for use during the period of gas supply
interruption.
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12.3.3 Lot Irrigation. All Lots, Homes and unpaved street rights-of-way
adjacent thereto, shall contain adequate automatic electric irrigation systems, provided
by owner if not otherwise installed by the Declarant or the Sub-Neighborhood
Association. Each Owner may be charged an initial service connection fee and water
meter fee due at closing by the Declarant or the Sub-Neighborhood Association.
Sprinkler controls must be accessible from the exterior of all Homes constructed
within the Neighborhood. Power sources and breakers for sprinkler systems must also
be accessible to the Sub-Neighborhood Association. Each Owner shall also supply
and maintain an irrigation timer and will provide the Sub-Neighborhood Association
with access to same. An Owner shall water the lawn and landscaping sufficiently to
maintain it in healthy condition and failure of any Owner to do so, the Sub-
Neighborhood Association shall have the right to enter upon the Lot and water the
lawn and landscaping and charge the Owner a reasonable fee and costs for same. Such
charges until paid, shall be a lien against the Lot The Owner of any Lot, by accepting
a deed to the lot grants an easement to the Sub-Neighborhood Association to enter
upon the Lot for the purposes of watering the lawn and landscaping, if necessary. No
individual well shall be permitted on any Lot except for irrigation and/or swimming
pool use, and not for the use in the Home and said wells are not to be connected with
the Surface Water Management System. Only the Declarant, Neighborhood
Association and Sub-Neighborhood Association may withdraw water from, and may
install recharge wells in, the lakes within their respective properties.
12.3.4 Landscaping. Subject to Section 12.2.5, once landscaping is installed,
it shall be maintained by the Sub-Neighborhood Association at the Owner's expense,
including rights-of-way areas. It is understood that the Owner will pay for and supply
water. Furthermore, the Owner will supply the Sub-Neighborhood Association with
access to the power source for sprinkling systems located on the Owner's Lot at a
times, and if access is blocked, the Sub-Neighborhood Association may again access
(even by using force) as the Sub-Neighborhood Association deems appropriate.
12.3.5 Nuisances. No rubbish or debris of any kind shall be dumped, placed
or permitted to accumulate upon any portion of the Property, nor shall any nuisance or
odors be permitted to exist or operate upon or arise from the Property, so as to render
any portion thereof unsanitary, unsightly, offensive or detrimental to persons using or
occupying any other portions of the Property. Noxious or offensive activities shall not
be carried on in any Lot, Home or Neighborhood or in any part of the Common Areas
or the Limited Common Areas, and each Owner, his or her family, tenants, guests,
invitees, servants and guests shall refrain from any act or use of a Lot, Home or
Neighborhood or of the Common Areas or the Limited Common Areas which could
cause disorderly, unsightly or unkept conditions, or which could cause embarrassment,
discomfort, annoyance or nuisance to the Occupants of other portions of the Property,
or which could result in a cancellation of any insurance for any portion of the
Property, or which would be in violation of any law or governmental code or
regulation. Without limiting the generality of the foregoing provisions, no exterior
speakers, horns, whistles, bells or other sound devices, except security and fire alarm
devices used exclusively for such purposes, shall be located, used or placed within the
Property without permission by the Board of Directors of the Neighborhood
Association. which may establish restrictions on the time, place and manner of such
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use. Any Owner, or his or her family, tenants, guests, invitees, servants or agents who
dumps or places any trash or debris upon any portion of the Property shall be liable to
the Neighborhood Association for the actual costs of removal thereof or the sum of
$150.00, whichever is greater, and such sum shall be added to and become a part of
that portion of any Assessment next becoming due to which such Owner and his or her
Lot or Home are subject.
l6A 4
12.3.6 Sales and Construction Activities. Notwithstanding any provisions or
restrictions contained in this Declaration to the contrary, Declarant and its agents and
employees shall have the right to maintain on Declarant's Property, Common Areas
and Limited Common Areas and carry on such facilities and activities as may be
reasonably required, convenient or incidental to the completion, improvement and sale
and resale of Lots and/or Homes or the developing of Lots, Homes, Neighborhoods,
Common Areas or Limited Common Areas and the Additional Property, including,
without limitation, the installation and operation of sales and construction trailers,
offices, signs and model Homes, all as may be approved by Declarant from time to
time, provided that the location of any construction trailers of any assignees of
Declarant's rights under this Section 12.3.6 shall be subject to Declarant's approval.
The right to maintain and carry on such facilities and activities shall include
specifically the right to use Homes as model residences, and to use any Home as an
office for the sale and resale of Lots and/or Homes and for related activities.
12.3.7 Traffic Regulations. All vehicular traffic on the streets and roads in
the Property shall be subject to the provisions of the laws of the State of Florida and
the County concerning operation of motor vehicles on public streets. THE
NEIGHBORHOOD ASSOCIATION IS HEREBY AUTHORIZED TO
PROMULGATE, ADMINISTER AND ENFORCE REASONABLE RULES AND
REGULATIONS GOVERNING VEHICULAR AND PEDESTRIAN TRAFFIC,
INCLUDING REASONABLE SAFETY MEASURES AND SPEED LIMITS AND
MODIFICATIONS OF THOSE IN FORCE ON ANY STREETS WITHIN THE
PROPERTY. THE NEIGHBORHOOD ASSOCIATION SHALL BE ENTITLED TO
ENFORCE SAME BY ESTABLISHING SUCH ENFORCEMENT PROCEDURES
AS IT DEEMS APPROPRIATE, INCLUDING LEVYING FINES FOR THE
VIOLATION THEREOF. In the event of a conflict between such provisions of the
laws of the State of Florida and the County and such Rules and Regulations
promulgated by the Neighborhood Association, the Neighborhood Association may
enforce the strictest provisions. Only drivers licensed to operate motor vehicles by the
State of Florida or by any other state in the United States may operate any type of
motor vehicle on any street, sidewalk, Common Areas or Limited Common Areas
within the Property. All vehicles of any kind and nature which are operated on the
streets in the Property shall be operated in a careful, prudent, safe and quiet manner
and with due consideration for the rights of all residents of the Property.
12.3.8 Restrictions on Use of Additional Property. As Additional Property,
including Common Areas and Limited Common Areas, is subjected to this
Declaration in accordance with Section 2.2 hereof, Declarant shall have the absolute
right to change. amend or alter the use restrictions set forth in this Article XII, as
applicable to the Additional Property, and to add additional use restrictions for such
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Additional Property as deemed necessary or appropriate by Declarant, in its sole and
absolute discretion. Such use restrictions on Additional Property, notwithstanding
anything to the contrary contained herein, may be either more or less restrictive than
the restrictions contained herein.
12.3.9 Boat Docks and Use of Water Bodies. No docks, bulkheads.
moorings. pilings, boathouses or boat shelters of any kind may be erected on any part
of the Property, including without limitation any lakes and waterways within the
Property, except for those constructed by the Declarant or the Neighborhood
Association. All lakes, ponds and streams within the Property shall be aesthetic
amenities only, and no other use thereof, including without limitation fishing, boating,
swimming, playing or the use of personal flotation devices, shall be permitted except
as provided in any Rules and Regulations promulgated by Declarant or the
Neighborhood Association. The Declarant and the Neighborhood Association shall
not be responsible for any loss, damage or injury to any person or property arising out
of the authorized or unauthorized use of the lakes, ponds or streams within the
Property.
12.3.10 Compliance with the Development Order. Subject to the terms of
Section 6.2 hereof, the Property and each Lot, Home and Neighborhood shall be
owned and maintained in a manner so as not to violate the applicable terms of the
Development Order. Declarant and Neighborhood Association shall be severally
indemnified, defended and held harmless by each Owner or Sub-Neighborhood
Association, as applicable, for all losses, damages (compensatory, consequential,
punitive or otherwise) or claims arising from or relating to the failure by such Owner
or Sub-Neighborhood Association, as applicable, to comply with the terms of the
Development Order.
12.3.11 Hazardous Materials. No reportable quantities of hazardous
materials shall be used or stored at the Property.
12.3.12 Mining and Excavation. No oil, gas, mineral or other type of
mining, excavating, drilling, refining, quarrying or other similar activities of any kind
shall be conducted on the Property. The terms of this Section shall not apply to the
Declarant or the Neighborhood Association.
12.3.13 Mailboxes and Meters. All mailboxes and irrigation meters shall be
purchased from the Master Association or from suppliers designated by the Master
Association. All mailboxes shall be constructed in a uniform style, design and color as
determined by the Declarant. No deviation from this requirement shall be permitted.
12.3.14 Parking and Off-Street Motor Vehicles. Vehicles shall be parked
only in the garages or in the driveways serving the Homes or in the appropriate spaces
or designated areas in which parking may be assigned, and then subject to the
reasonable Rules and Regulations adopted by the Neighborhood Association. Except
as needed for construction and maintenance by Declarant, the Neighborhood
Association or Sub-Neighborhood Association, no motorized vehicle may be operated
off of paved roads or streets. No truck, commercial vehicle nor recreational vehicle,
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including but not limited to, mobile homes, trailers (either with or without wheels),
motor homes, tractors, trucks, helicopters, commercial vehicles of any type, campers,
motorized campers or trailers, boats or other watercraft, boat trailers, motorcycles,
motorized bicycles, motorized go-carts or any other related forms of transportation
shall be permitted to be parked overnight anywhere within the Property, anywhere on
any Lot, or Common Areas, unless same shall be fully enclosed inside as structure
designed for said purpose and approved by the ARB in accordance with this
Declaration. No Owners or other Occupants of any portion of the Property shall repair
or restore any vehicle of any kind upon or within any Lot or Home or within any
portion of the Common Areas, except (i) within enclosed garages or (ii) for emergency
repairs, and then only to the extent necessary to enable the movement thereof to a
proper repair facility. In the event that any that any of the aforementioned vehicles or
other equipment is parked or located anywhere in violation of this provision Declarant
Neighborhood Association or Sub-Neighborhood Association shall have the right to
have said vehicle, trailer or other equipment removed, by a commercial towing
company or otherwise, all at the sole cost and expense of the offending Member. All
cost of removal and enforcement of this provision shall be a personal obligation of the
offending Member, as well as any Special Assessment against the offending member's
Lot, and may be enforced by the Neighborhood Association in accordance with the
terms and provisions of this Declaration.
12.3.15 Sales Activities. No sales activities relating to any portion of the
Property shall be conducted on the Property. No sign of any nature or type
whatsoever, including without limitation "for rent" or "for sale" signs, shall be
displayed or placed on any part of the Property without the prior approval of the
Architectural Review Board, if required. The terms of this Section 12.3.15 shall not
apply to Declarant.
12.3.16 Use of Lots and Homes. Except as permitted by Sections 7.5 and
12.3.6, each Lot and Home shall be used for residential purposes only, and no trade or
business of any kind may be carried on therein. No more than one (I) Home shall be
located on any Lot. Lots may be combined with the prior consent of the Architectural
Review Board, provided only one Home shall be placed on the combined Lots and
only for so long as a unity of title agreement in form approved by the Neighborhood
Association is recorded against both Lots. The use of a portion of a Home as an office
by an Owner or his tenant shall not be considered to be a violation of this covenant if
such use does not create regular customer, client or employee traffic. Lease or rental
of a Home for residential purposes shall also not be considered to be a violation of this
covenant so long as the lease (i) is for not less than the entire Lot and all the
improvements thereon, (ii) complies with all governmental laws, rules. ordinances and
regulations; (iji) complies with all applicable Neighborhood restrictions, and (iv) is
othetwise in compliance with the Rules and Regulations as may be promulgated and
published from time to time by the Board of Directors. All leases shall be in writing,
and, prior to the commencement of any such lease, the Owner shall provide the Sub-
Neighborhood Association and the managing agent of the Sub-Neighborhood
Association. if any, with copies of such lease. Any lessee or tenant shall in all respects
be subject to the terms and conditions of this Declaration and the Rules and
Regulations adopted hereunder.
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12.3.17 Pets. No animals, livestock, birds or poultry of any kind shall be
raised, bred or kept by any Owner upon any portion of the Property, provided that up
to three (3) generally recognized house pets (not including tropical fish, which may be
kept in reasonable numbers) may be kept in Homes, subject to Rules and Regulations
adopted by the Neighborhood Association through its Board of Directors, and further
provided that such pet or pets are kept or maintained solely as domestic pets and not
for any commercial purpose. No pet shall be kept within any screened enclosure. No
pet shall be allowed to make an unreasonable amount of noise or to become a
nuisance. No structure for the care, housing or confinement of any pet shall be
constructed or maintained on any part of the Common Areas or the Limited Common
Areas. Pets shall be under leash at all times when walked or exercised in any portion
of the Common Areas or the Limited Common Areas, and no pet shall be permitted to
leave its excrement on any portion of the Common Areas or the Limited Common
Areas, and the Owner of such pet shall immediately remove the same. Upon the
written request of the Owner, the Board of Directors may conclusively determine, in
its sole and absolute discretiott., whether, for purposes of this Section 12.3.17, a
particular pet is a generally recognized house pet or such pet is a nuisance, and the
Board shall have the right to require the Owner of a particular pet to remove such pet
from the Property if such pet is found to be a nuisance or to be in violation of these
restrictions.
12.3.18 Motor Vehicles, Trailers, Boats, Etc. The Board of Directors of the
Neighborhood Association shall have the authority to promulgate Rules and
Regulations to govern or prohibit, the following by way of example but not limitation,
mobile homes, trailers (either with or without wheels), motor homes, tractors, trucks,
helicopters, commercial vehicles of any type, campers, recreational vehicles,
motorized campers or trailers, boats or other watercraft, boat trailers, motorcycles,
motorized bicycles, motorized go-carts or any other related forms of transportation.
No Owners or other Occupants of any portion of the Property shall repair or restore
any vehicle of any kind upon or within any Lot, Home or Neighborhood or within any
portion of the Common Areas or the Limited Common Areas, except (i) within
enclosed garages or (ii) for emergency repairs, and then only to the extent necessary to
enable the movement thereof to a proper repair facility.
12.3.19 Firearms. The discharge of firearms, including without limitation
BB guns, pellet guns and other firearms of all types and sizes, is prohibited.
Notwithstanding anything to the contrary contained herein, the Neighborhood
Association shall not be obligated to take action to enforce this Section.
12.3.20 Lighting. All exterior lighting must be approved in advance by the
Architectural Review Board, except for seasonal holiday decorative lights which may
be displayed only between Thanksgiving Day and January 10, unless prohibited or
further restricted by applicable Neighborhood Rules and Regulations.
12.3.21 Solar Panels and Energy Conservation Equipment. All solar
heating apparatus must conform to the standards set forth in the HUD Intermediate
Minimum Property Standards Supplement, Solar Heating, and domestic Water
Systems. No solar energy collector panels or attendant hardware or other energy
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conservation equipment shall be constructed or installed unless it is an integral and
harmonious part of the architectural design of a structure and meets wind resistant
standards promulgated by state and local building code, as reasonably determined by
the ARB as set forth in this Article XII. No solar panel, vents, or other roof-mounted,
mechanical equipment shall project more than 1.0 feet above the surface of the roof of
a Home; and all such equipment, other than solar panels, shall be painted consistent
with the color scheme of the portion of the Home to which such equipment is
installed. This provision is not intended to prohibit the use of solar energy devices.
16Alt
12.3.22 Pools. No above ground pools shall be permitted. All pools and
appurtenances installed (including pool heaters) shall require the approval of the ARB
as set forth in this Declaration. All pools shall be adequately maintained and
chlorinated. Unless installed by Declarant, no slides, or platforms shall be permitted
without ARB approval.
12.3.23 Roofs and Pressure Treatment. Roofs and/or exterior surfaces
and/or pavement, including, but not limited to, walks and drives, shall be pressure
treated by Owner as often as appropriate but in any event within thirty (30) days of
notice by the ARB.
12.3.24 Storage. No temporary or permanent utility or storage shed, storage
building, tent, or other structure or improvement shall be permitted and no other
structure or improvement shall be constructed, erected, altered, modified or
maintained without the prior approval of the ARB, which approval shall conform to
the requirements of this Declaration and/or the Architectural Review Requirements.
12.3.25 Play Equipment. No play equipment including but not limited to,
basketball hoops, backboards, swing sets, trampolines, volleyball nets, and tree houses
shall be permitted on the Property.
ARTICLE XIII
RULE MAKING
13.1 Rules and Regulations. Subject to the provIsions hereof, the Board of
Directors may establish reasonable Rules and Regulations concerning the use of Lots, Homes,
Neighborhoods, the Common Areas and the Limited Common Areas and facilities located
thereon. Copies of such Rules and Regulations and amendments thereto shall be furnished by
the Neighborhood Association to all Owners and made available in Neighborhood
Association office. Such Rules and Regulations shall be binding upon the Owners, their
families, tenants, guests, invitees, servants and agents, until and unless any such rule or
regulation is specifically overruled, canceled or modified by the Board of Directors or in a
regular or special meeting of the Neighborhood Association by the vote of the Members
holding a majority of the total votes in the Neighborhood Association, provided that in the
event of such vote, such action must also be approved by Declarant, for so long as Declarant
owns any Lot or Home.
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13.2 Authority and Enforcement. Subject to the provisions of Section ~4.~ udn 4
the violation of this Declaration, the Bylaws or any Rules and Regulations duly adopted
hereunder, including, without limitation, the failure to timely pay any Assessments, the
Committee (as defined in Section 11.8.1) shall have the power (i) to impose reasonable
monetary fines which shall constitute an equitable charge and a continuing lien upon the Lot
or Home, the Owners or Occupants of which are guilty of such violation; (ii) to suspend an
Owner's right to vote in the Sub-Neighborhood Association or Neighborhood Association, as
applicable; or (iii) to suspend an Owner's right (and the right of such Owner's family, guests
and tenants and of the co-Owners of such Owner and their respective families, guests and
tenants) to use any of the Recreational Facilities located in the Common Areas or the Limited
Common Areas, and the Committee shall have the power to impose all or any combination of
these sanctions. An Owner shall be subject to the foregoing sanctions in the event of such a
violation by such Owner, his or her family, guests or tenants or by his or her Occupants or co-
Owners or the family, guests or tenants of his or her Occupants or co-Owners. Any such
suspension of rights may be for the duration of the infraction and for any additional period
thereafter, not to exceed thirty (30) days per violation.
13.3 Procedure. Except with respect to the failure of an Owner to pay
Assessments, the Board shall not impose a fine, suspend voting rights or infringe upon or
suspend any other rights of an Owner or other Occupant of the Property for violations of the
Declaration, the Bylaws or any Rules and Regulations, unless and until the following
procedure is followed: (a) Written demand to cease and desist from an alleged violation shall
be served upon the Owner responsible for such violation specifying: (i) The alleged violation;
(ii) The action required to abate the violation; and (iii) A time period of not less than ninety
(90) days for failure to pay a monetary obligation or ten (10) days during which the non-
monetary violation may be abated without further sanction, if such violation is a continuing
one, or if the violation is not a continuing one, a statement that any further violation of the
same provision of this Declaration, the Bylaws or of the Rules and Regulations of the
Neighborhood Association may result in the imposition of sanctions after notice and hearing.
(b) if the violation continues beyond the period allowed in the demand for abatement without
penalty, or if the same violation subsequently occurs, the Board may serve such Owner with
written notice of a hearing to be held by the Committee. The notice shall contain: (i) The
nature of the alleged violation; (ii) The time and place of the hearing, which time shall be not
less than fourteen (14) days from the giving of the notice; (iii) An invitation to attend the
hearing and produce any statement, evidence and witnesses on his behalf; and (iv) the
proposed sanction to be imposed. (c) The hearing shall be held by the Committee pursuant to
the notice and shall afford the alleged violator a reasonable opportunity to be heard. Prior to
the effectiveness of any sanction hereunder, proof of notice and the invitation to be heard
shall be placed in the minutes of the meeting. Such proof shall be deemed adequate if a copy
of the notice together with a statement of the date and manner of delivery is entered by the
officer, director or other individual who delivered such notice. In addition, the notice
requirement shall be deemed satisfied if an alleged violator appears at the meeting. The
minutes of the meeting shall contain a written statement of the results of the hearing and the
sanction imposed, if any.
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ARTICLE XIV
GENERAL PROVISIONS
14.1 Control by Declarant. NOTWITHSTANDING ANY OTHER LANGUAGE
OR PROVISION TO THE CONTRARY IN THIS DECLARATION, THE ARTICLES OF
INCORPORATION OR THE BYLAWS OF THE NEIGHBORHOOD ASSOCIATION,
DECLARANT HEREBY RETAINS THE RIGHT TO APPOINT AND REMOVE ANY
MEMBER OR MEMBERS OF THE BOARD OF DIRECTORS OF THE
NEIGHBORHOOD ASSOCIATION AS PROVIDED BY AND FOR THE TERM SET
FORTH IN SECTION 10.2. Every grantee of any interest in the Property, by acceptance of a
deed or other conveyance of such interest, agrees that Declarant shall have the authority to
appoint and remove directors and officers of the Neighborhood Association in accordance
with the foregoing provisions of this Section 14.1 and the provisions of Section 10.2, without
the necessity ofa vote at an annual meeting. Upon the expiration of the period of Declarant's
right to appoint and remove directors and officers of the Neighborhood Association pursuant
to the provisions of Section 10.2 and this Section 14.1, such right shall pass to the Owners,
including Declarant if Declarant then owns one or more Lots or Homes, and a special meeting
of the Neighborhood Association shall be called within a reasonable time thereafter. At such
special meeting the Owners shall elect a new Board of Directors which shall undertake the
responsibilities of the Board of Directors, and Declarant shall deliver all books, accounts and
records, if any, which Declarant has kept on behalf of the Neighborhood Association and any
agreements or contracts executed by or on behalf of the Neighborhood Association during
such period and which Declarant has in its possession.
14.2 Amendments by Declarant. During any period in which Declarant retains the
right to appoint and remove any directors and officers of the Neighborhood Association,
Declarant may amend this Declaration by an instrument in writing filed and recorded in the
Public Records of Collier County, Florida, without the approval of any Owner or Mortgagee;
including but not limited to the submission of Additional Property; provided, however, that,
with the exception of the acquisition of Additional Property submitted to the terms of this
Declaration, (i) in the event that such amendment materially and adversely alters or changes
any Owner's right to the use and enjoyment of his Lot, Horne, the Common Areas or the
Limited Common Areas as set forth in this Declaration or adversely affects the title to any Lot
or Home, such amendment shall be valid only upon the written consent thereto by a two-
thirds of the then existing Owners affected thereby, or (ii) in the event that such amendment
would materially and adversely affects the security title and interest of any Mortgagee, such
amendment shall be valid only upon the written consent thereto of all such Mortgagees so
affected. Notwithstanding the foregoing to the contrary, the expiration or termination of the
right of Declarant to appoint and remove any directors and officers of the Neighborhood
Association shall not terminate Declarant's right to amend the Declaration for the purpose of
submitting acquired Additional Property to the provisions of this Declaration as provided in
Section 2 hereof. Any amendment made pursuant to this Section 14.2. shall be certified by
Declarant as having been duly approved by Declarant, and by such Owners and Mortgagees if
required, and shall be effective only upon recordation or at such later date as shall be specified
in the amendment itself. Each Owner, by acceptance of a deed or other conveyance to a Lot or
Home, agrees to be bound by such amendments as are permitted by this Section 14.2 and
further agrees that, if requested to do so by Declarant, such Owner will consent to the
amendment of this Declaration or any other instruments relating to the Property (a) if such
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amendment is necessary to bring any proVISIOn hereof or thereof into compliance or
conformity with the provisions of any applicable governmental statute, rule or regulation or
any judicial determination which shall be in conflict therewith; (b) if such amendment is
necessary to enable any reputable title insurance company to issue title insurance coverage
with respect to any Lots, Homes or Neighborhoods subject to this Declaration; or (c) if any
such amendment is necessary to enable any governmental agency or reputable private
insurance company to insure Mortgages on the Lots, Homes or other improvements subject to
this Declaration. Notwithstanding the foregoing, Developer, without consent of each Owner.
may record an amendment which may be required by an Institutional Mortgagee for the
purpose of satisfying its Planned Home Development criteria, as may be established any such
mortgagee's secondary mortgage market purchasers, including but not limited to, the Federal
National Mortgage Association and the Federal Home Loan Mortgage Corporation; provided,
however, that any such Developer amendment must be in accordance with any applicable
rules, regulations, and other requirements promulgated by the United States Department of
Housing and Urban Development
14.3 Amendment by Neighborhood Association.
Declaration, other than those authorized by Section 14.2 hereto,
adopted in the following manner:
Amendments to this
shall be proposed and
14.3.1 Notice of the subject matter of the proposed amendment shall be
included in the notice of the meeting of the Neighborhood Association at which such
proposed amendment is to be considered and shall be delivered to each Owner and
Member of the Neighborhood Association.
14.3.2 At such meeting, a resolution adopting a proposed amendment may be
proposed by either the Board of Directors or by Members of the Neighborhood
Association. Such amendment must be approved by Members holding at least two-
thirds (2/3) of the total votes in the Neighborhood Association; provided, however, (i)
in the event that such amendment materially alters or changes any Owner's voting
interests or increases the percentage by which an Owner shares in Expenses as set forth
in this Declaration, such amendment shall be valid only upon the written consent
thereto by the then existing Owners affected thereby, (ii) that any amendment which
materially and adversely affects the security title and interest of any Mortgagee must be
approved by such Mortgagee, and (iii) during any period in which Declarant owns a
Home or building, such amendment must be approved by Declarant
14.3.3 The agreement of the required percentage of the Owners and, where
required, Declarant and any Mortgagee, to any amendment of this Declaration shall be
evidenced by their execution of such amendment, or, in the alternative, the sworn
statement of the president of the Neighborhood Association attached to or
incorporated in the amendment executed by the Neighborhood Association, which
sworn statement shall state unequivocally that the agreement of the required parties
was lawfully obtained. Any such amendment of this Declaration shall become
effective only when recorded or at such later date as may be specified in the
amendment itself.
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14.4 Enforcement. Each Owner shall comply strictly with the Bylaws and the
published Rules and Regulations of the Neighborhood Association adopted pursuant to this
Declaration, as either of the same may be lawfully amended from time to time, and with the
covenants, conditions and restrictions set forth in this Declaration and in the deed or other
instrument of conveyance to his Lot or Home, if any. Failure to comply with any of the same
shall be grounds for imposing fines, for suspending voting rights or rights of use in and to the
Recreational Facilities, located in the Common Areas or the Limited Common Areas, or for
instituting an action to recover sums due, for damages, and/or for injunctive relief and/or any
other remedy available at law or in equity, such actions to be maintainable by Declarant, the
Board of Directors on behalf of the Neighborhood Association, or, in a proper case, by an
aggrieved Owner. Should Declarant or the Neighborhood Association employ legal counsel
to enforce any of the foregoing, all costs incurred in such enforcement, including court costs
and reasonable attorneys' fees, shall be paid by the violating Owner. Inasmuch as the
enforcement of the provisions of this Declaration, the Bylaws, and the Rules and Regulations
of the Neighborhood Association are essential for the effectuation of the general plan of
development contemplated hereby and for the protection of present and future Owners. it is
hereby declared that any breach thereof may not adequately be compensated by recovery of
damages, and that Declarant, the Neighborhood Association or any aggrieved Owner, in
addition to all other remedies, may require and shall be entitled to the remedy of injunction or
other equitable action to restrain any such violation or breach or any threatened violation or
breach. No judicial or administrative proceeding shall be commenced or prosecuted by the
Neighborhood Association unless approved by a vote of seventy-five (75%) percent of the
total vote of the Neighborhood Association. This Section shall not apply, however, to (a)
actions brought by the Neighborhood Association to enforce the provisions of this Declaration
(including, without limitation, the foreclosure of liens), (b) the imposition and collection of
Assessments or fines, (c) proceedings involving challenges to ad valorem taxation, (d)
counterclaims or crossclaims brought by the Neighborhood Association in proceedings
instituted against it or (e) actions brought against the Declarant. No delay, failure or omission
on the part of Declarant, the Neighborhood Association or any aggrieved Owner in exercising
any right., power, or remedy herein provided shall be construed as an acquiescence thereto or
shall be deemed a waiver of the right to enforce such right, power or remedy thereafter as to
the same violation or breach, or as to a violation or breach occurring prior or subsequent
thereto, and shall not bar or affect its enforcement. No right of action shall accrue nor shall
any action be brought or maintained by anyone whatsoever against Declarant or the
Neighborhood Association for or on account of any failure to bring any action on account of
any violation or breach, or threatened violation or breach, by any person of the provisions of
this Declaration, the Bylaws or any Rules and Regulations of the Neighborhood Association,
however long continued. This Section shall not be amended unless such amendment is made
by the Declarant or is approved by the percentage votes, and pursuant to the same procedures,
necessary to institute proceedings as provided above.
14.5 Duration. The provisions of this Declaration shall run with and bind title to
the Property, shall be binding upon and inure to the benefit of Declarant, the Neighborhood
Association and all other Owners and Mortgagees and their respective heirs, executors, legal
representatives, successors and assigns, and shall be and remain in effect for a period of fifty
(50) years from and after the date of the recording of this Declaration, provided that rights and
obligations which are stated herein to have a longer duration shall have such longer duration.
Upon the expiration of said fifty (50) year period, this Declaration shall be automatically
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renewed for successive ten (10) year periods. The number of ten (10) year renewal penod~
shall be unlimited, with this Declaration being automatically renewed and extended upon the
expiration of each (10) year renewal period for an additional ten (10) year period; provided,
however, that there shall be no renewal or extension of this Declaration, if, during the last
year of the initial fifty (50) year period or the last year of any ten (10) year renewal period,
seventy-five percent (75%) of the total votes of the Neighborhood Association are cast in
favor of terminating this Declaration at the end of the then current term. In the event that the
Neighborhood Association votes to terminate this Declaration, an instrument evidencing such
termination shall be duly filed, such instrument to contain a certificate wherein the president
of the Neighborhood Association swears that such termination was duly adopted by the
requisite number of votes. Every purchaser or grantee of any interest in the Property, by
acceptance of a deed or other conveyance therefor, thereby agrees that the provisions of this
Declaration shall run with and bind title to the Property as provided hereby. Reference in the
respective deeds of conveyance or in any mortgage or trust deed or other evidence of
obligation or transfer, to the covenants, conditions, restrictions, easements, rights, benefits and
privileges of every character contained herein, shall be deemed and taken to be appurtenant to
and covenants running with such property, and shall be binding upon any such grantee,
mortgagee or trustee and their successors and assigns as fully and completely as though the
provisions of this Declaration were fully recited and set forth in their entirety in such
documents.
14.6 Interpretation. In all cases, the provisions set forth or provided for in this
Declaration shall be construed together and given that interpretation or construction which, in
the opinion of Declarant or the Board of Directors, will best effect the intent of the general
plan of development. The provisions hereof shall be liberally interpreted and, if necessary,
they shall be so extended or enlarged by implication as to make them fully effective. The
provisions of this Declaration shall be given full force and effect notwithstanding the
existence of any zoning ordinance, building codes or other regulations which are less
restrictive. The effective date of this Declaration shall be the date of its filing for record. The
captions of each Article and Section hereof as to the contents of each Article and Section are
inserted only for convenience and are in no way to be construed as defining, limiting,
extending or otherwise modifYing or adding to the particular Article or Section to which they
refer. This Declaration shall be construed under and in accordance with the laws of the State
of Florida.
14.7 Assignment. Declarant may assign all or a portion of its rights under this
Declaration, or all or a portion of such rights in connection with portions of the Property. In
the event of such a partial assignment, the assignee shall not be deemed the Declarant, but
may exercise such rights of Declarant specifically assigned to it. Any such assignment may
be made on a non-exclusive basis. After an assignment, the assignee shall have the same
rights and powers, and be subject to the same obligations and duties as were Declarant prior to
the assignment, and Declarant shall be relieved and released of all obligations with respect to
such rights, powers, obligations, easements or estates.
14.8 Gender and Grammar. The singular wherever used herein shall be construed
to mean the plural when applicable, and the necessary grammatical changes required to make
the provisions hereof apply either to corporations or other entities or to individuals, men or
women, shall in all cases be assumed as though in each case fully expressed.
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I
14.9 Severability. Whenever possible, each provision of this Declaration shall be
interpreted in such manner as to be effective and valid, but if the application of any provision
of this Declaration to any person or to any property shall be prohibited or held invalid, such
prohibition or invalidity shall not affect any other provision or the application of any
provision which can be given effect without the invalid provision or application, and to this
end the provisions of this Declaration are declared to be severable.
14.10 Rights of Third Parties. This Declaration shall be recorded for the benefit of
Declarant, the Neighborhood Association, the Owners and their Mortgagees as herein
provided, and by such recording, no adjoining property owner or third party shall have any
right, title or interest whatsoever in the Property, except as provided herein, or in the
operation or continuation thereof or in the enforcement of any of the provisions hereof, and,
subject to the rights of Declarant and Mortgagees as herein provided, the Owners shall have
the right to exten~ modiJY, amend or otherwise change the provisions of this Declaration
without the consent, permission or approval of any adjoining owner or third party.
14.11 Notice of Sale, Lease or Mortgage. In the event an Owner sells, leases,
mortgages or otherwise disposes of any Lot or Home, the Owner must promptly furnish to the
Neighborhood Association in writing the name and address of such purchaser, lessee,
mortgagee or transferee.
14.12 No Trespass. Whenever the Neighborhood Association, Declarant, the
Architectural Review Board and their respective successors, assigns, agents or employees are
permitted by this Declaration to enter upon or correct, repair, clean, maintain, preserve or do
any other action within any portion of the Property, the entering thereon and the taking of
such action shall not be deemed to be a trespass.
14.13 Notices. Notices required hereunder shall be in writing and shall be delivered
by hand, reputable national overnight courier or sent by United States mail, postage prepaid.
All notices to Owners shall be delivered or sent to such addresses as have been designated in
writing to the Neighborhood Association, or if no address has been so designated, at the
addresses of such Owners' respective Lots or Homes. All notices to the Neighborhood
Association shall be delivered or sent in care of Declarant at the following address:
Lakoya at Lely Resort Neighborhood Association, Inc.
c/o Stock Development, LLC
2647 Professional Circle, Suite 1201
Naples. Florida 34119
or to such other address as the Neighborhood Association may from time to time
notiJY the Owners. All notices to Declarant shall be delivered or sent to Declarant at the
above address or to such other address as Declarant may from time to time notiJY the
69
ewt/stockllakoyalneighborhooddec II
16A 4
Neighborhood Association. Notices to Mortgagees shall be delivered to such address as such
Mortgagees specify in writing to the Neighborhood Association. and if no such notice is given
to the Neighborhood Associalion, to the address provided in the Mortgage. All notices are
deemed delivered when delivered by hand or when deposited in the United States mail.
14.14 Plats. In addition to this Declaration. the Property shall be subject to the
additional covenants. restrictions. easements, dedications, reservations and other terms and
provisions set forth in the Development Order and plats of the Property, which plats are
recorded or to be recorded in the public records of Collier County.
14.15 Use of Lakoya Name. All parties owning or otherwise making any use of any
portion of the Property shall be deemed, by virtue of accepting such ownership or making
such use, to have covenanted and agreed that: (i) except as provided below. no usage of the
name "Lakoya" will be made in naming or referring to any business or activity within or
outside of the Property or in describing or referring to the location of any business or
enterprise conducted within or outside of the Property and (ii) generally, no usage of that
name will be made whatsoever without the express prior written approval of Declarant.
14.16 Disclaimer as to Site Plan. THE SITE PLAN OF LAKOY A
COMMUNITIES AND ALL AMENDMENTS THERETO REPRESENTS ONLY A
GENERAL SCHEME OF DEVELOPMENT AND SHALL NOT BE CONSTRUED AS
REPRESENTING, IMPLYING OR GUARANTEEING THAT ANY HOME OR OTHER
IMPROVEMENT WILL BE BUILT IN ACCORDANCE THEREWITH.
14.17 Exhibits. The following exhibits are attached to and incorporated m this
Declaration:
Exhibit "A" - Legal Description of Initial Property
Exhibit "B" - Articles of Incorporation
Exhibit "C" - Bylaws
Exhibit "D" - Site Plan
IN WITNESS WHEREOF, duly authorized officer of the undersigned Declarant has
executed this Declaration under seal, as of the day and year first above written.
Signed, sealed and delivered
in the presence of:
~U;I
r
STOCK DEVELOPMENT. LLC,
a Florida limited Ii bility company
By:
Nam
Its:
~
V I rJ(/
(CORPORATE SEAL)
("DECLARANT")
70
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STATE OF FLORIDA )
) ss.
16A 4
.
COUNTY OF COLLIER
-..jc
The foregoing instrument was acknowledged before me this I [j day of
2011, by Brian K. Stock, the Manager of STOCK DEVELOPMENT, LLC, a Flor' a limite
liability company, on behalf of the limited liability company. The above- amed in ividual is
personally knovm to me.
Print
NOTAR PUBLIC - STAT
Commission Number:
My commission expires:
~
(Notarial Seal)
DENSE II.llAIER
MY "'WSSION, DO St_
.;:~~~~
71
e....tlstockllakoyalneighborhooddecll
16A 4
JOINDER OF NEIGHBORHOOD ASSOCIATION
Lakoya at Lely Resort Neighborhood Association, Inc., a Florida not for profit corporation,
hereby joins in this Declaration of Covenants. Conditions and Restrictions for Lakoya at Lely
Resort for the sole purpose of a~"reeing 10 perform its obligations as contained herein.
Signed, sealed and delivered
in the presence of:
LAKOY A AT LEL Y RESORT NEIGHBORHOOD
ASSOCIATION. INC., a Florida not-for-profit
corporation
By:
Name: r.h~~ Ynr~p~
Its: Pres; dent
() \~---
~
'III
(CORPORATE SEAL))
STATE OF FLORIDA )
) ss.
COUNTY OF COLLIER)
",+"--- (
The foregoin/,\ ins ment was acknowled~d before rpe this ~ day of ^,W(1.~
2011, by . ~I c.<"" , the ..trq 5>/rlt ,,i of Lakoya at L Resort
Homeowners Association, Inc., a Florida not-for-profil corporation, on behalf of the
corporation. The above-named individual is personally known to.
t
Print
NOT
Com . sion Number:
My commISSIOn expires:
~
FLORIDA
(Notarial Seal)
I) DEMlEII.OINR
: ; MY~'DD8129.28
EXPIRES: Ser*mllor 8 2012
-1liIv__...o..-
72
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16A 4
'I
CONSENT OF MASTER ASSOCIATION
Lely Resort Master Property Owners' Association, Inc., a Florida not for protit corporation,
hereby consents this Declaration of Covenants, Conditions and Restrictions tor Lakoya at
Lei y Resort.
Signed, sealed and delivered
in the presence of:
LEL Y RESORT MASTER PROPERTY
OWNERS' ASSOCIATION, INC., a Florida
not-for-protit corporation
By:
~{9
Name: Chad Kocses
Its: President
(CORPORATE SEAL))
STATE OF FLORIDA )
) ss.
COUNTY OF COLLIER)
The toregoinll instrument was acknowl ed befor,e me this /8 ~;y of "1V<lr(,/
2011, by C l'\.CAd f<.cCS<?5 , the ('QS! I,rr of Lely Resort Mast r roperty
Owners' Association, Inc., a Florida not-tar-profit corporation, on behalf of the corporation.
The above-named individual is personally known to.
~
F FLORIDA
'--
(Notarial Seal)
1lENIlIE1I._
tl'( COIIMISllION' IlD 812l12ll
EXPIRES: SIp!ontorS,Zl12
_l1Ilu_....._
73
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J6A 1
CONSENT OF MORTGAGEE
Regarding
Lakoya Community Declaration
KNOW ALL MEN BY THESE PRESENTS:
FIFTH THIRD BANK. a banking corporation organized and existing under the laws
of Ohio and authorized to Iransact business in the State of Florida (Ihe "Mortgagee"), the
holder of that certain Amended and Restated Construction Mortgage, Security Agreement,
Assignment of Leases and Rents and Fixture Filing, recorded July 2,2010 and recorded in
Otlicial Records Book 4583, Page 52 and amended by that certain First Amendment To
Amended and Restated Construction Mortgage, Security Agreement, Assignment of Leases
and Rents and Fixture Filing and Amended and Restated Assignment of Rents and Leases
recorded in Otlicial Records Book <'\&.,,; (, ,Page 3.:'l 4- of the Public Records of
Collier County, Florida (the "Mortgage"), which Mortgage constitutes a lien upon Ihe real
property described in the foregoing Lakoya at Lely Resort Declaration (the "Declaration"),
hereby consents to STOCK DEVELOPMENT, LLC ("Declarant"), a Florida limited liability
company, subjecting Ihe lands described therein to the provisions of the Declaration and
agrees that the lien and encumbrance of the Mortgage shall be subordinate to the Declaration.
The subordination set forth herein is limited strictly to the rights of Declarant, its
successors and assigns, created by the Declaration and this subordination shall not constitute a
subordination to the rights of any other person or entity that holds any interest in the Property,
as defined in the Declaration.
Dated this _ day of
2011.
WITNESSES:
FIFTH THIRD BANK, an Ohio banking
corporation
Print Name:
Print Name:
By:
Name: Klay Schmeisser
Title: Senior Vice President
STATE OF FLORIDA )
COUNTY OF COLLIER )
The foregoing instrument was acknowledged before me this _ day of January,
2011 by Klay Schmeisser as Senior Vice President of Fifth Third Bank, an Ohio banking
corporation, who is personally known to me.
My commission expires:
NOTARY PUBLIC, State of Florida
Print Name:
74
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l6AI.{
EXHIBIT "A"
INITIAL PROPERTY
Lakoya, according to the plat thereof as recorded in Plat Book , Page
of the Public Records of Collier County, Florida; less and except Tract F17, L8 and L9.
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EXHIBIT "B"
DRAFT ARTICLES OF INCORPORATION
16A 4
ARTICLES OF INCORPORATION
OF
LAKOY A AT LEL Y RESORT NEIGHBORHOOD ASSOCIATION, INC.
(A Florida Corporation Not For Profit)
In order to form a corporation not for profit under and in accordance with the provisions
of Chapter 617 of the Florida Statutes, the undersigned hereby incorporates this corporation not
for profit for the purposes and with the powers hereinafter set forth, and, to that end, the
undersigned, by these Articles of Incorporation, certifies as follows:
ARTICLE I
DEFINITIONS
The following words and phrases when used in these Articles of Incorporation (unless the
context clearly reflects another meaning) shall have the following meanings:
1. "Articles" shall mean these Articles of Incorporation and any amendments hereto.
2. "Assessments" shall mean the assessments for which all Owners (as hereinafter
defined) are obligated to the Neighborhood Association (as hereinafter defined) and include
"Individual Assessments,"and "Special Assessments" (as such terms are defined in the
Declaration) and any and all other assessments which are levied by the Neighborhood
Association in accordance with the Lakoya at Lely Resort Documents.
3. "Board" shall mean the Board of Directors of the Neighborhood Association.
4. "By-Laws" shall mean the By-Laws of the Neighborhood Association and any
amendments thereto.
5. "Committed Property" shall mean the portions of the "Property," (as defined in
the Declaration) which are committed and subject to the provisions of the Declaration, together
with the portions of the Property which may hereafter become Property pursuant to the
recordation of one or more amendments to the Declarations in the Public Records.
6. "County" shall mean Collier County, Florida.
7. "Declarant" shall mean Stock Development, LLC, a Florida limited liability
company. and any successor(s) or assign(s) thereof to which Stock specifically assigns all or part
of the rights of Declarant in the Declaration by an express written assignment, whether or not
recorded in the Public Records. An Owner (as defined in the Declaration) shall not. solely by the
purchase of a Home and/or Lot in Lakoya at Lely Resort. be deemed a successor or assign of
Declarant under the Lakoya at Lely Resort Documents unless such Owner is specifically so
designated as a successor or assign of such rights in the instrument of conveyance or any other
instrument executed by Declarant.
16A ~:
I
8. "Declaration" shall mean the Declaration of Covenants, Conditions and
Restriction For Lakoya at Lely Resort, which is intended to be recorded amongst the Public
Records of the County, together with all amendments and modifications thereof, including any
Supplemental Declarations.
9. "Director" shall mean a member of the Board.
10. "Expenses" shall mean the expenses for which Owners and other specified parties
shall be liable to the Neighborhood Association, which shall consist of all costs and expenses
incurred by the Neighborhood Association in carrying out its policies and duties under this
Declaration or any other Lakoya at Lely Resort Documents and any other expenses designated as
Expenses by the Neighborhood Association, as more particularly set forth in Article XI of the
Declaration.
II. "Home" shall mean a residential dwelling unit constructed within Lakoya at Lely
Resort which is designed and intended for use and occupancy as a single-family residence and
includes, but is not limited to, a detached single-family home, coach home, patio home. cluster
home, a residential unit contained in a townhouse or multi-family building, whether or not such
residential unit is subject to the condominium form of ownership, owned in fee simple or in
another f()rm of ownership or possession, and includes any interest in land, improvements, or
other property appurtenant to the Home.
12. "Lakoya at Lely Resort" shall mean the planned residential community planned
for development in stages on the Property. Lakoya at Lely Resort may contain various separate
and distinct residential sub-neighborhoods and such other uses as Declarant detennines in its sole
discretion and which are in conformance with applicable zoning requirements and/or
governmental regulations. Lakoya at Lely Resort shall initially consist of the Committed
Property and may be expanded to include the "Additional Property" (as defined in the
Declaration) or a portion thereof, by the recording of amendments to the Declaration in the
Public Records submitting such additional lands. The definition and/or description of Lakoya at
Lely Resort contained in the Lakoya at Lely Resort Documents is subject to amendment or
modification by Declarant.
13. "Lakoya at Lely Resort Documents" shall mean the Declaration, these Articles,
the By-Laws, the "Rules and Regulations," and the "Architectural Review Standards" (as such
terms are defined in the Declaration) and all of the instruments and documents referred to and/or
incorporated herein and therein, including, but not limited to, amendments to any of the
foregoing, as applicable.
14. "Lot" shall mean and refer to any unimproved portion of the Property (and a
subdivided lot of record) upon which it is intended that a Home shall be constructed. Upon
completion of construction of the Home or a Lot, such Lot and the improvements thereon shall
collectively be considered to be a Home for purposes of these Articles.
15. "Member(s)" shall mean the "Class A Members" and the "Class B Member," as
described in Article V.c. of these Articles.
16A 4
16. "Neighborhood Association" shall mean Lakoya at Lely Resort Neighborhood
Association. Inc.. a not-for-profit Florida corporation, its successors and assigns, existing
pursuant to these Articles. which Neighborhood Association is responsible for the maintenance
and preservation of Lakoya at Lely Resort as set forth in the Declaration. The "Neighborhood
Association" is NOT a condominium association and is not intended to be governed by Chapter
7 18. the Condominium Act, Florida Statutes.
17. "Owner" shall mean the record owner, whether one or more persons or entities.
of the fee simple title to any Lot and/or Home within Lakoya at Lely Resort and shall include
Declarant for as long as Declarant owns fee simple title to a Lot and/or Home. unless and except
to the extent otherwise expressly provided herein, but excluding therefrom those having such
interest as security ft)f the perftmnance of an obligation.
18. "Plat" shall mean any plat or replat of any portion of Lakoya at Lely Resort
recorded or to be recorded in the Public Records as same may from time to time be amended by
Declarant.
19. "Property" shall mean that portion of the Property. together with any
"Improvements" (as defined in the Declaration) located thereon, in accordance with and subject
to the tenns set forth in Article II of the Declaration.
20. "Public Records" shall mean the Public Records of Collier County, Florida.
24. "SFWMD" shall mean the South Florida Water Management District.
2 I. "Sub-Neighborhood" shall mean any development of Homes and/or Lots within
the Committed Property which is designated as a Sub-Neighborhood in the Declaration or any
"Supplemental Declaration" (as defined in the Declaration) or amendment thereto.
18. "Sub-Neighborhood Association" shall mean any property owners' association.
owners' association, condominium association. or any other mandatory membership entity, its
successors and assigns, responsible ft)r administering a Sub-Neighborhood.
Unless otherwise defined herein, the tenns defined in the Declaration are incorporated
herein by reference and shall appear in initial capital letters each time such terms appear in these
Articles.
ARTICLE II
NAME
The name of this corporation shall be LAKOY A AT LEL Y RESORT
NEIGHBORHOOD ASSOCIATION, INC., a Florida corporation not for profit, with a
principal address and mailing address at 2647 Professional Circle. Suite 120 I. Naples, Florida
34119.
ARTICLE III
PURPOSES
16A 4
The purpose for which the Neighborhood Association is organized is to take title to,
operate, administer, manage, lease, and maintain the Property in accordance with the tenns of,
and purposes set forth in, the Lakoya at Lely Resort Documents and to carry out the covenants
and enforce the provisions of the Lakoya at Lely Resort Documents.
ARTICLE IV
POWERS
The Neighborhood Association shall have the tollowing powers and shall be governed by
the following provisions:
A. The Neighborhood Association shall have all of the common law and statutory
powers of a corporation not tor protit which are not in conflict with the terms of the Lakoya at
Lely Resort Documents.
B. The Neighborhood Association shall have all of the powers granted to the
Neighborhood Association in the Lakoya at Lely Resort Documents. All of the provisions of the
Declaration and By-Laws that grant powers to the Neighborhood Association are incorporated
into these Articles.
C. The Neighborhood Association shall have all of the powers reasonably necessary
to implement the purposes of the Neighborhood Association, including, but not limited to. the
following:
I. To pertorm any act required or contemplated by it under the Lakoya at
Lely Resort Documents.
2. To make, establish, amend, and entorce reasonable rules and regulations
governing the use of the Property.
3. To make, levy, and collect Assessments for the purpose of obtaining funds
trom its Members to pay Expenses, other costs defined in the Declaration, and costs of
collection, and to use and expend the Assessments in the exercise of the powers and duties of the
Neighborhood Association.
4. To collect assessments for the purpose of obtaining funds from its
Members. to pay expenses on behalf of the Master Association and/or Sub-Neighborhood
Association.
5. To maintain, repair, replace, and operate the Property in accordance with
the Lakoya at Lely Resort Documents.
16A 4
6. To sue and be sued and enforce by legal means the obligations of the
Members and the provisions of the Lakoya at Lely Resort Documents.
7. To employ personnel, retain independent contractors and professional
personnel, and enter into service contracts to provide for the maintenance, operation,
administration, and management of the Property and to enter into any other ab'feements
consistent with the purposes of Ihe Neighborhood Association, including, but not limited to,
agreements with respect to professional management of the Property and to delegate to such
professional manager certain powers and duties of the Neighborhood Association.
8.
referred to therein.
To enter into the Declaration and any amendments thereto and instruments
9. To provide, to the extent deemed necessary by the Board, any and all
services; do any and all things which are incidental to or in furtherance of things listed above or
to carry out the Neighborhood Association mandate to keep and maintain Lakoya at Lely Resort
in a proper and aesthetically pleasing condition; and to provide the Owners with services,
amenities, controls, and enforcement that will enhance the quality of life at Lakoya at Lely
Resort.
10. To acquire, own and convey real property, and to enter into agreements, or
acquire leaseholds, easements, memberships and other possessory or use interests in lands or
facilities which are intended to provide enjoyment, recreation or other use or benefit to the
Members, whether or not such lands and facilities are contiguous to the lands of Lakoya at Lely
Resort.
I I. To operate and maintain the Property as provided in the Declaration,
including the "Surface Water Management System" (as defined in the Declaration), which shall
be maintained in accordance with the SFWMD pennit therefore, as it or they may be amended
from time to time.
12. Notwithstanding anything contained herein to the contrary, the
Neighborhood Association shall be required to obtain the approval of majority of all Members
(at a duly called meeting of the Members at which a quorum is present) prior to the engagement
of legal counsel by the Neighborhood Association for the purpose of making, preparing,
invesligating, commencing, or initiating any lawsuit other than for the following purposes:
(a) the collection of Assessments;
(b) the collection of other charges which Owners are obligated to pay
pursuant to the Lakoya at Lely Resort Documents;
(c) the enforcement of any applicable use and occupancy restrictions
contained in the Lakoya at Lely Resort Documents;
16A'1
(d) dealing with an emergency when waiting to obtain the approval of
the Members creates a substantial risk of irreparable injury to the Neighborhood Association
Property or to Member(s) (the imminent expiration of a statute of limitations shall not be deemed
an emergency obviating the need tor the requisite vote of three-fourths [3/4] of the Members): or
(e) tiling a compulsory counterclaim.
ARTICLE V
MEMBERS AND VOTING
The qualification of Members of the Neighborhood Association, the manner of their
admission to membership, the manner of the termination of such membership, and the manner of
voting by Members shall be as tollows:
A. Until such time as the first deed of conveyance of a Lot and/or Home from
Declarant to an Owner is recorded amongst the Public Records ("First Conveyance"), the
membership of the Neighborhood Association shall be comprised solely of the Declarant.
Declarant shall be entitled to cast one (I) vote on all matters requiring a vote of the membership.
B. Membership in the Neighborhood Association tor Owners other than Declarant
shall be established by the acquisition of fee simple title to a Lot and/or Home as evidenced by
the recording of an instrument of conveyance amongst the Public Records. Where title to a Lot
and/or Home is acquired by conveyance from a party other than Declarant, whether by means of
sale, gift, inheritance, devise, judicial decree, or otherwise, the person, persons, or entity thereby
acquiring such Lot and/or Home shall not be a Member unless or until such Owner shall deliver
a true copy of a deed or other instrument of acquisition of title to the Neighborhood Association.
C. Upon the First Conveyance, the Neighborhood Association shall have two (2)
classes of voting membership:
I. "Class A Members" shall be all Members, with the exception of
Declarant while Declarant is the Class B Member. Each Class A Member shall be entitled to one
(I) vote tor each Lot and/or Home owned.
2. "Class B Member" shall be the Declarant, who shall be entitled to three
times the total number of votes of the Class A Members plus one. Class B membership shall
cease and be converted to Class A membership upon the earlier to occur of the tollowing events
('"Turnover Date"):
(i) Three (3) months after the conveyance of ninety percent (90%)
of the "Lots" (as detined in Article X. C hereot) by Declarant, as evidenced by the recording of
instruments of conveyance of such Lots amongst the Public Records; or
(ii) At such time as Declarant shall designate in writing to the
Neighborhood Association.
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I ,
On the Turnover Date. Class A Members, including Declarant, shall assume
control of the Neighborhood Association and elect not less than a majority of the Board.
E. The designation of ditterent classes of membership are for purposes of
establishing the number of votes applicable to certain Lots and/or Homes, and nothing herein
shall be deemed to require voting solely by an individual class on any matter which requires the
vote of Members. unless otherwise specifically set f()rth in the Lakoya at Lely Resort
Documents.
F. No Member may assign, hypothecate, or transfer in any manner his/her or its
membership in the Neighborhood Association except as an appurtenance to his/her or its Lot
and/or Home.
G. Any Member who conveys or loses title to a Lot and/or Home by sale. gift,
devise, bequest. judicial decree, or otherwise shall. immediately upon such conveyance or loss of
title, no longer be a Member with respect to such Lot and/or Home and shall lose all rights and
privileges of a Member resulting from ownership of such Lot and/or Home.
H. There shall be only one (1) vote for each Lot and/or Home, except for the Class B
Member as set forth herein. Ifthere is more than one Member with respect to a Lot and/or Home
as a result of the fee interest in such Lot and/or Home being held by more than one person, such
Members shall collectively be entitled to only one (I) vote. The vote of the Owners of a Lot
and/or Home owned by more than one natural person or by a corporation or other legal entity
shall be cast by the person named in a certificate signed by all of the Owners of the Lot and/or
Home, or, if appropriate. by properly designated officers. partners, or principals of the respective
legal entity ("'Voting Member"), and filed with the Secretary of the Neighborhood Association,
and such certificate shall be valid until revoked by a subsequent certificate. If such a certificate
is not filed with the Secretary of the Neighborhood Association, the vote of such Lot and/or
Home shall not be considered for a quorum or for any other purpose.
Notwithstanding the foregoing provisions, whenever any Lot and/or Home is
owned by a husband and wife they may, but shall not be required to, designate a Voting Member.
In the event a certificate designating a Voting Member is not filed by the husband and wife. the
following provisions shall govern their right to vote:
I. When both are present at a meeting, each shall be regarded as the agent
and proxy of the other for purposes of casting the vote for each Lot and/or Home owned by
them. In the event they are unable to concur in their decision upon any topic requiring a vote,
they shall lose their right to vote on that topic at that meeting, but shall count for purposes of
establishing a quorum.
2, When only one (I) spouse is present at a meeting, the person present may
cast the Lot and/or Home vote without establishing the concurrence of the other spouse, absent
any prior written notice to the contrary by the other spouse. In the event of prior written notice
to the contrary to the Neighborhood Association by the other spouse, the vote of said Lot and/or
Home shall not be considered, but shall count for purposes of establishing a quorum,
16A 4
3. When neither spouse is present, the person designated in a "Proxy" (as
defined in the By-Laws) signed by either spouse may cast the Lot and/or Home vote. when
voting by Proxy is allowed. absent any prior written notice to the contrary to the Neighborhood
Association by the other spouse or the designation of a difTerent Proxy by Ihe other spouse. In
the event of prior written notice 10 the contrary to the Neighborhood Association or the
designation of a different Proxy by the other spouse. the vote of said Lot and/or Home shall not
be considered, but shall count for purposes of establishing a quorum.
I. A quorum shall consist of persons entitled to cast at least thirty percent (30%) of
the total number of votes of the Members.
ARTICLE VI
TERM AND SUCCESSOR ENTITIES
The term for which this Neighborhood Association is to exist shall be perpetual. In the
event of dissolution of the Neighborhood Association (unless same is reinstated), other than
incident to a merger or consolidation. all of the assets of the Neighborhood Association shall be
conveyed to a similar homeowners association or a public agency having a similar purpose. or
any Member may petition the appropriate circuit court of the State of Florida for the appointment
of a receiver to manage the afTairs of the dissolved Neighborhood Association and its properties
in the place and stead of the dissolved Neighborhood Association and to make such provisions as
may be necessary for the continued management of the afTairs of the dissolved Neighborhood
Association and its properties. In the event of dissolution of the Neighborhood Association, the
Surface Water Management System and the access rights thereto shall be conveyed to an
appropriate agency of local government, In the event of its non-acceptance by such
governmental agency, the Surface Water Management System and access rights thereto shall be
dedicated to a not-for-profit corporation similar to the Neighborhood Association.
ARTICLE VII
INCORPORATOR
The name and address of the Incorporator of these Articles is:
Eleanor W. Taft. Esq.
2647 Professional Circle. Suite 1203
Naples, Florida 341 19
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ARTICLE VIII
OFFICERS
The affairs of the Neighborhood Association shall be managed by Ihe President of the
Neighborhood Association, assisted by the Vice President(s), Secretary, and Treasurer, and by
Ihe Assistant Secretary(ies) and Assistant Treasurer(s), if any, subject to the directions of the
Board. Except for officers elected prior to the Turnover Date, officers must be Members, or the
parents, children, or spouses of Members.
The Board shall elect the President, Secretary, and Treasurer, and as many Vice
Presidents, Assistant Secretaries, and Assistant Treasurers as the Board shall, from time to time,
determine. The President shall be elected from amongst the membership of the Board, but no
other officer need be a Director. The same person may hold two oflices, the duties of which are
not incompatible; provided, however, the office of President and a Vice President shall not be
held by the same person, nor shall the office of President and Secretary or Assistant Secretary be
held by the same person.
ARTICLE IX
FIRST OFFICERS
The names of the oflicers who are to serve until the first election of officers by the Board
are as follows:
President
Vice President
Secretary/Treasurer
Chad Kocses
Keith Gelder
Valerie McChesney
ARTICLE X
BOARD OF DIRECTORS
A. There shall be three (3) Directors on the first Board of Directors of the
Neighborhood Association ("First Board") and on the "Initial Elected Board" (as hereinafter
defined). The number of Directors elected by the Members subsequent to the "Declarant's
Resignation Event" (as hereinafter defined) shall be not less than three (3) nor more than five (5),
as the Board shall from time to time detennine prior to each meeting at which Directors are to be
elected. Except for Declarant-appointed Directors, Directors must be Members or the parents,
children, or spouses of Members. There shall be only one ( I) vote for each Director.
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B. The names and addresses of the persons who are to serve as Directors on the First
Board are as f()llows:
NAMES
ADDRESSES
Chad Kocses
2647 Professional Circle, Ste. 1201
Naples, Florida 34119
Keith Gelder
2647 Professional Circle, Ste. 120 I
Naples, Florida 34119
Valerie McChesney
264 7 Professional Circle, Ste. 120 I
Naples, Florida 34119
Declarant reserves the right to replace and/or designate and elect successor Directors to serve on
the First Board for so long as the First Board is to serve, as hereinafter provided.
C. For purposes of these Articles, "Lots" shall mean subdivided Lots Declarant
intends to develop in Lakoya at Lely Resort. Notwithstanding the foregoing, Declarant has
reserved the right in the Declaration to modify its plan of development for Lakoya at Lely Resort
and to add land to and withdraw land from Lakoya at Lely Resort. The number of Lots or Homes
added to or withdrawn fi-om Lakoya at Lely Resort and the revised number of Lots will be set
forth in a Supplemental Declaration recorded in the Public Records if additional land is added to
or withdrawn from Lakoya at Lely Resort.
D. Upon the Turnover Date, the Members other than Declarant ("Purchaser
Members") shall be entitled to elect not less than a majority of the Board. The election of not
less than a majority of the Board by the Purchaser Members shall occur at a special meeting of
the membership to be called by the Board for such purpose ("Initial Election Meeting"). The
First Board shall serve until the Initial Election Meeting.
E. At the Initial Election Meeting, Purchaser Members, who shall include all
Members other than Declarant, the number of which may change from time to time, shall elect
two (2) of the Directors, and Declarant, until the Declarant's Resignation Event, shall be entitled
to designate one (I) Director. which three (3) Directors shall constitute the "Initial Elected
Board." Declarant reserves and shall have the right, until the Declarant's Resignation Event, to
name the successor, if any, to any Director it has so designated.
F. The Board shall continue to be so designated and elected, as described in
Paragraph E above, at each subsequent "Annual Members' Meeting" (as defined in the By-
Laws), until the Annual Members' Meeting following the Declarant's Resignation Event or until
a Purchaser Member-elected Director is removed in the manner hereinafter provided.
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A Director (other than a Declarant-appointed Director) may be removed trom
office upon the affirmative vote of a majority of the voting interests of Purchaser Members for
any reason deemed to be in the best interests of the Purchaser Members. A meeting of the
Purchaser Members to so remove a Director (other than a Declarant-appointed Director) shall be
held upon the written request often percent (10%) of the Purchaser Members.
G. The Initial Election Meeting shall be called by the Neighborhood Association,
through the Board, within sixty (60) days after the Purchaser Members are entitled to elect a
majority of Directors as provided in Paragraph D hereof. A notice of meeting shall be torwarded
to all Members in accordance with the By-Laws: provided, however, that the Members shall be
given at least seven (7) days' notice of such meeting. The notice shall also specify the number of
Directors which shall be elected by the Purchaser Members and the remaining number of
Directors designated by Declarant.
H. Upon the earlier to occur of the following events ("Declarant's Resignation
Even"'), Declarant shall cause all of its designated Directors to resign:
I. When Declarant no longer holds at least five percent (5%) of the Total
Developed Lots for sale in the ordinary course of business and all Lots sold by Declarant have
been conveyed as evidenced by the recording of instruments of conveyance of such Lots
amongst the Public Records; or
2. When Declarant causes the voluntary resi",.nation of all of the Directors
designated by Declarant and does not designate replacement Directors.
Upon Declarant's Resignation Event, the Directors elected by Purchaser Members
shall elect a successor Director to fill the vacancy caused by the resignation or removal of the
Director designated by Declarant. This successor Director shall serve until the next Annual
Members' Meeting and until his successor is elected and qualified. In the event Declarant's
Resignation Event occurs prior to the Initial Election Meeting, the Initial Election Meeting shall
be called in the manner set torth in Paragraph G of this Article X, and all of the Directors shall
be elected by the Purchaser Members at such meeting.
I. At each Annual Members' Meeting held subsequent to Declarant's Resignation
Event, all of the Directors shall be elected by the Members. At the first Annual Members
Meeting held after the Initial Election Meeting, a "staggered" term of office of the Board shall be
created as tallows:
I. a number cqual to tifty percent (50%) of the total number of Directors
rounded to the nearest whole number is the number of Directors whose term of office shall be
established at two (2) years and the Directors serving tor a two (2) year term will be the
Directors receiving the most votes at the meeting: and
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2. the remaining Directors' terms of office shall be established at one (I)
year.
At each Annual Members' Meeting thereafter, as many Directors of the
Neighborhood Association shall be elected as there are Directors whose regular term of office
expires at such time, and the term of otlice of the Directors so elected shall be tor two (2) years,
expiring when their successors are duly elected and qualitied.
J. The resignation of a Director who has been designated by Declarant or the
resignation of an officer of the Neighborhood Association who has been elected by the First
Board shall be deemed to remise, release, acquit, satisfy, and torever discharge such officer or
Director of and trom any and all manner of action(s), cause(s) of action. suits, debts, dues, sums
of money, accounts, reckonings, bonds, bills. specialties, covenants, contracts, controversies,
agreements, promises, variances, trespasses, damages, judgments, executions, claims, and
demands whatsoever, in law or in equity, which the Neighborhood Association or Purchaser
Members had, now have. or will have or which any personal representative, successor, heir, or
assign of the Neighborhood Association or Purchaser Members hereafter can, shall, or may have
against said officer or Director tor, upon or by reason of any matter. cause or thing whatsoever
trom the beginning of the world to the day of such resignation, except tor such Director's or
otlicer's willful misconduct or gross negligence.
ARTICLE XI
INDEMNIFICATION
Each and every Director and officer of the Neighborhood Association shall be
indemnitied by the Neighborhood Association against all costs, expenses. and liabilities,
including, without limitation, Legal Fees incurred by or imposed upon him or her in connection
with or by reason of his or her being or having been a Director or officer of the Neighborhood
Association, and the toregoing provision for indemnification shall apply whether or not such
person is a Director or otlicer at the time such cost, expense, or liability is incurred.
Notwithstanding the foregoing, in the event of any such settlement, the indemnitication
provisions provided in this Article XI shall not be automatic, but shall apply only when the
Board approves such settlement and reimbursement for the costs and expenses thereof as being
in the best interest of the Neighborhood Association. In the event a Director or officer is
adjudged guilty of willful misfeasance or malfeasance in the performance of his or her duties or
admits to such guilt, the indemnification provisions of this Article XI shall not apply. The
toregoing right of indemnitication provided in this Article XI shall be in addition to and not
exclusive of any and all rights of indemnitication to which a Director or officer of the
Neighborhood Association may be entitled under statute or common law.
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ARTICLE XII
BY-LAWS
The By-Laws shall be adopted by the First Board and thereafter may be altered, amended,
or rescinded in the manner provided tor in the By-Laws. In the event of any conflict between the
provisions of these Articles and the provisions of the By- Laws, the provisions of these Articles
shall control.
ARTICLE XIII
AMENDMENTS
A. Prior to the First Conveyance, these Articles may be amended only by an
instrument in writing signed by the Declarant and filed in the Office of the Secretary of State of
the State of Florida.
B. After the First Conveyance but prior to the Turnover Date, these Articles may be
amended solely by a majority vote of the Board, without the prior written consent of the
Members, at a duly called meeting of the Board.
C. After the Turnover Date, these Articles may be amended in the following manner:
I. (a) The Board shall adopt a resolution setting forth the proposed
amendment and directing that it be submitted to a vote at a meeting of the Members, which may
be at either the Annual Members' Meeting or a special meeting. Any number of proposed
amendments may be submitted to the Members and voted upon by them at one meeting.
(b) Written notice setting forth the proposed amendment or a summary
of the changes to be effected thereby shall be given to each Member within the time and in the
manner provided in the By-Laws tor the giving of notice of meetings.
(c) At such meeting, a vote of the Members shall be taken on the
proposed amendment(s). The proposed amendment(s) shall be adopted upon receiving the
affirmative vote of a majority of the voting interests.
2. An amendment may be adopted by a written statement (in lieu of a
meeting) signed by the requisite number of Members which would have been required to pass
the amendment if all members were present and voting at a meeting, together with all members
of the Board. setting tl)rth their intention that an amendment to the Articles be adopted.
D. These Articles may not be amended without the written consent of a majority of
the members of the Board.
E. Notwithstanding any provisions of this Article XIII to the contrary, these Articles
shall not be amended in any manner which shall prejudice the rights of: (i) Declarant, without
the prior written consent thereto by Declarant, for so long as Declarant holds either a leasehold
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interest in or title to at least one (I) Lot and/or Home: (ii) any Lender without the prior written
consent of such Lender; and (iii) SFWMD without its prior written consent.
F. Notwithstanding the tlJregoing provisions of this Article XIII, no amendment to
these Articles shall be adopted which shall abridge, amend, or alter the rights of Declarant
hereunder, including, but not limited to. Declarant's right to designate and select members of the
First Board or to otherwise designate and select Directors as provided in Article X hereof: nor
shall any amendment be adopted or become etfective without the prior written consent of
Declarant.
G. Notwithstanding the foregoing provisions of this Article XIII, any amendment to
Article IV.C.( I I) shall require the affirmative vote of no less than the majority of the voting
interests.
H. Any instrument amending these Articles shall identify the particular article(s)
being amended and shall provide a reasonable method to identify the amendment being made. A
certified copy of each such amendment shall be attached to any certified copy of these Articles,
and a copy of each amendment certitied by the Secretary of State shall be recorded amongst the
Public Records.
ARTICLE XIV
REGISTERED OFFICE AND REGISTERED AGENT
The street address of the initial registered office of the Neighborhood Association is 2647
Professional Circle, Suite 1203, Naples, Florida 34119, and the initial registered agent of the
Neighborhood Association at that address shall be Chad Kocses. The registered agent shall
maintain all SFWMD permits and any amendments thereto tlX the benetit of the Neighborhood
Association.
IN WITNESS WHEREOF. the Incorporator has hereunto affixed his signature, this
day of , 20 II.
Name:
The undersigned hereby accepts the designation of Registered Agent as set lorth in Article
XIV of these Articles of Incorporation and acknowledges thai he/she is familiar with and accepts the
obligations imposed upon registered agents under the Florida Not For Profit Corporation Act.
Name:
Dated:
STATE OF FLORIDA
SS:
COUNTY OF
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The foregoing instrument was acknowledged before
2010, by
Incorporator of these Articles and who executed Ihe loregoing
personally known 10 me or who has produced
My Commission Expires:
me this day of
, the person described as the
Al1icles of Incorporalion. who IS
as identilication.
Notary Public
(SEAL)
Printed, Typed or Stamped Notary Name
EXHIBIT "C"
DRAFT BY-LAWS
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BY LA WS
OF
LAKOY A AT LEL Y RESORT NEIGHBORHOOD ASSOClA nON. INC.
BYLAWS
OF
LAKOYA AT LELY RESORT NEIGHBORHOOD ASSOCIAnON. INC.
(A Florida Corporation Not for Profit)
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ARTICLE I
IDENTITY
1. The name of this corporation is LAKOY A AT LEL Y RESORT NEIGHBORHOOD
ASSOCIATION, INC. (the "Neighborhood Association").
2. The principal office of the Neighborhood Association shall be located al 2647
Professional Circle, Suite 120 I, Naples, Florida 34119 Attn: Neighborhood Association President. The
address oflhe principal office may be changed at the discretion of the Board.
3. The seal of the Neighborhood Associalion shall bear Ihe name of Ihe Neighborhood
Association, the word "Florida", the words "Corporation Not for Profil", and the year oflhe incorporation.
an impression of which is as follows:
4. These Bylaws are being adoPled in conneclion with thai certain DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS FOR LAKOYA AT LELY RESORT, and any
amendments or supplements therelo, as recorded in the Public Records of Collier Counly. Florida (Ihe
"Declaralion"). All capilalized terms used bul not olherwise defined herein shall be given Ihe meanings
ascribed to such terms in the Declaralion.
ARTICLE II
MEMBERSHIP
1. MEMBERS. Membership shall be delermined in accordance wilh the Articles of
Incorporation. Membership shall continue unlillhe Member transfers or conveys his, her or ils Unit or
Lot, or Ihe interest is Iransferred by operalion of law, at which time the membership shall aUlomalically
be conferred upon the transferee. Such membership may be evidenced by the issuance of a membership
certificate which shall be deemed automatically canceled when the membership lerminales as provided
herein.
2. VOTING RIGHTS. The vOling righls of Members shall be as provided in Ihe Articles of
Incorporalion oflhe Neighborhood Association and the Declaralion.
ARTICLE 111
MEETINGS
I. ANNUAL MEETING. The annual Members' meeting shall be held al a dale and time
delermined by Ihe Board from time 10 lime. provided Ihatlhere shall be an annual meeting every calendar
year and, 10 Ihe exlent possible, no laler Ihan Ihirteen (13) monlhs after Ihe lasl preceding annual meeling.
Unless delermined otherwise by Ihe Board, Ihe annual meeling shall be held al (i) Ihe principal office of
Ihe Neighborhood Associalion: or (ii) such olher place wilhin Collier County as designated by Ihe
Presidenl of the Neighborhood Associalion. The meeling shall be held at such a lime as Ihe Direclors
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shall determine from time 10 lime. The purpose of such meeling shall be Ihe eleclion of Directors (atter
Turnover Dale) and the transaclion of olher business aulhorized to be transacled by Members. The order
of business shall be as delermined by Ihe Board.
2. SPECIAL MEETINGS. Special meetings may be called by a majority of Ihe Board. or
by written request of a majority of the vOling rights of the Members, for any purpose and at any lime
within Collier County. Business transacted at all special meelings shall be confined 10 Ihe objecls and
aclion to be laken, as slaled in the notice of Ihe meeling.
3. OUORUM. Thirty-three percenl (33%) of the voles enlitled to be casl by Members
represenled al an annual or special meeling shall conslilule a quorum. A majority of Ihe voles en tilled 10
be cast by Members represented al an annual or special meeting may adjourn Ihe meeling 10 a fulure dale,
provided Ihal Ihe differenl dale, time or place is announced at Ihe meeling. A majority of all votes
enlitled to be casl by the Members represented al a meeting where a quorum is presenl shall decide any
question broughl before the meeting, except when a lesser or grealer vote is olherwise specifically
required by the Declaration, Articles of Incorporalion or Ihese Bylaws.
ARTICLE IV
NOTICE
1. ANNUAL MEETING. Written notice of the annual meeling shall be mailed or delivered
by the Secrelary. Ihe manager hired by the Neighborhood Association, or such other person as the Board
shall be direcled to deliver such notice, nolless Ihan fourteen (14) nor more than sixty (60) days before
Ihe date of such meeting, to each Member at his or her address as listed in the Neighborhood Associalion
records. Notice of an annual meeling need not include a descriplion of the purpose or purposes for which
Ihe meeling is called.
2. SPECIAL MEETINGS. NOlice of special meetings of the Members shall be mailed or
delivered by the Secretary at least two (2) days before such meeling 10 each Member al his or her address
as listed in Ihe Neighborhood Association records, slaling Ihe purpose of such meeling.
3. WAIVER. Members may lake action by written agreemenl, withoul conducting
meelings, on all matters for which aclion may be laken al meeting if the action is laken by Ihe Members
entilled 10 vote on such aclion and having nol less Ihan Ihe minimum number of voles necessary to
authorize such action at a meeling at which all Members enlitled 10 vole on such aclion were present and
voted. NOlhing herein is to be conslrued to prevent Members from waiving nolice of meelings or aCling
by written agreemenl wilhout meetings.
ARTICLE V
BOARD
I. INITIAL BOARD. The inilial members of Ihe Board shall be Ihose persons sel forth in
Ihe Articles of Incorporalion. who shall serve until Turnover Dale, as described in the Declaralion, or
unlil replaced by Declarant.
2. BOARD ELECTIONS. Atlhe firsl annual meeling of Members immedialely succeeding
Turnover Date, and al each annual meeling thereafter, Ihe Board shall be elected by the Members of the
Neighborhood Association and such Directors shall serve unlil their successors are duly elected, qualilied
and sealed or untillhey are removed in Ihe manner elsewhere provided, or unlil Ihey resign, whichever
firsl occurs. NOlwilhslanding anylhing to the contrary herein, after Turnover Dale, al any lime when
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Declaranl owns alleast five percenl (5%) oflhe Unils and LOiS in the Neighborhood, Declaranl shall have
the righl 10 appoinl one Direclor. The procedure for electing Directors by the Member(s) shall be by
written and sealed ballol (by VOling Members in accordance wilh Seclion 2 of Article II oflhese Bylaws)
and by a plurality oflhe voles casl, each person vOling being enlilled 10 cast his or her vole(s) for each of
as many nominees as Ihere are vacancies 10 be filled. There shall be no cumulalive vOling.
3. POWERS. All oflhe powers and dUlies oflhe Neighborhood Associalion existing under
the Declaralion, Ihe Articles of Incorporalion and Ihese Bylaws shall be exercised exclusively by Ihe
Board, subject only to approval by Members of Ihe Neighborhood Association when such approval is
specifically required. The Board shall have all of Ihe common law and slatutory powers of a corporation
not for profit under Chapter 617, Florida Statutes, logether wilh any powers granted 10 it pursuant 10 the
tenns of Ihese Bylaws, the Articles of Incorporalion of Ihe Neighborhood Associalion, and the
Declaration. Such powers shall include but nol be limited 10:
A. The power 10 fix, levy and collect Assessments against Lois and Unils as
provided for in the Declaralion and co\lecl "Assessments" on behalf ofthe Master Associalion (as delined
in Ihe Declaration) and Ihe Sub-Neighborhood Associations (as defined in Ihe Declaralion).
B. The power to expend monies collected for Ihe purpose of paymg Ihe
Neighborhood Association Expenses.
C. The power to manage, control, operale, maintain, repair and Improve Ihe
Property and to maintain Ihe lawns and landscaping of Ihe Lois.
D. The power to purchase supplies, malerial and lease equipmenl required for Ihe
maintenance. repair. replacement, operalion and managemenl of the Property and the mainlenance of Ihe
lawns and landscaping of the Lots.
E. The power 10 insure and keep insured the Property and Ihe improvements
conslructed Ihereon, as provided in the Declaration.
F. The power to employ Ihe personnel required for Ihe operalion and managemenl
of Ihe Neighborhood Association, the Property and the mainlenance of the lawns and landscaping of the
Lots.
G. The power 10 pay ulility bills for ulililies serving Ihe Property.
H. The power 10 pay alllaxes and assessmenls which are liens against the Property.
l. The power to eSlablish and maintain a reserve fund for capilal improvemenls,
repairs and replacements.
J. The power to improve Ihe Property and Ihe lawns and landscaping of Ihe Lois,
subjecllO Ihe limitalions oflhe Declaralion.
K. The power to conlrol and regulale the use of Ihe Property by Ihe Owners, and 10
promole and assisl adequate and proper mainlenance of Ihe Property.
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L. The power to make reasonable rules and regulations and 10 amend the same from
time 10 time.
M. The power 10 enforce by any legal means the provisions of these Articles of
Incorporalion, the Bylaws, the Declaralion and the rules and regulalions promulgaled by Ihe
Neighborhood Associalion from lime 10 lime.
N. The power 10 borrow money, mortgage Ihe Property. and 10 selecl deposilories
for the Neighborhood Associalion's funds, and 10 delermine Ihe manner of receiving, deposiling, and
disbursing those funds and the form of checks and Ihe person or persons by whom the same shall be
signed.
O. The power 10 enler inlo a long term conlracl with any person, firm, corporal ion or
management agent of any nature or kind to provide for Ihe mainlenance, operalion, repair and upkeep of
Ihe Property and the maintenance of the lawns and landscaping of Ihe Lois. The conlract may provide
that Ihe total operation of Ihe managing agenl, firm or corporation shall be al the cosl of Ihe
Neighborhood Associalion. The contracl may further provide Ihatthe managing agent shall be paid from
time to time a reasonable fee.
P. The power to conlract for Ihe management of the Neighborhood Association and
10 delegate 10 the manager all of the powers and dUlies of Ihe Neighborhood Association, except Ihose
matters which must be approved by Owners.
Q. The power to establish additional officers and/or direClors of the Neighborhood
Associalion and to appoint all officers provided in Ihe Bylaws. except as otherwise provided in these
Bylaws.
R. The power 10 appoinl committees as the Board may deem appropriale.
S. The power 10 collect delinquenl Assessments by suil or otherwise 10 abale
nuisances and to fine, enjoin or seek damages from Owners for violalion of the provisions of the
Declaralion, these Articles of Incorporalion. Ihe Bylaws or the rules and regulalions.
T. The power to bring suit and to liligate on behalf oflhe Neighborhood Associalion
and Ihe Owners (subjeclto Ihe terms of the Declaralion).
U.
Associalion as may
Associalion.
The power to adopt, alter and amend or repeal Ihe Bylaws of Ihe Neighborhood
be desirable or necessary for Ihe proper management of the Neighborhood
V. The power to possess, employ and exercise all powers necessary 10 implement,
enforce and carry into effect the powers above described.
W. The foregoing enumeralion of powers shall nol limil or reslrict Ihe exercise of
olhers and further powers which may now or hereafter be permitted by law.
4. FUNDS AND TITLES TO PROPERTIES. All funds and title to all properties acquired
by Ihe Neighborhood Associalion and Ihe proceeds Ihereof shall be held for Ihe benefil of the Owners in
accordance wilh the provisions of Ihe Declaration. No part of Ihe income, if any, of Ihe Neighborhood
Associalion shall be dislributed 10 Ihe Owners, Direclors. or Officers of the Neighborhood Associalion.
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5. NUMBER. The number of Direclors shall be designated by resolution oflhe Board from
lime to lime, bul shall in no event be less Ihan Ihree (3) and no more than five (5) Direclors. Excepl for
those Direclors appoinled or elected by Declarant, each Direclor shall be a Member of Ihe Neighborhood
Association. A Director elected 10 the Board (olher than Ihose Directors appoinled by Declarant) shall
hold office untillhe first annual meeling subsequent to the election of such Direclor and, thereafter, the
lerm of office shall be in accordance wilh Ihe Article V oflhe Articles of Incorporalion.
6. V ACANCY. Prior to Turnover Date, any vacancy in Ihe Board shall be 1,Iled by a
majority vote of the remaining Direclors. In the evenl of a vacancy occurring in Ihe Board for any reason
whalsoever after Turnover Dale, the remaining Direclors shall elect a person 10 serve as a Direclor for the
unexpired portion of the term of the former Director; provided, however, Ihal in the event a vacancy is
crealed by Ihe removal or resignalion of any Director appoinled by Declarant after Turnover Dale, such
vacancy may be filled by Declarant if Declarant is permitted by the Articles of Incorporation 10 appoint a
Direclor al such time. In Ihe evenlthatthere are no remaining members of the Board, Ihe vacancies shall
be filled by persons elecled by the Members of Ihe Neighborhood Association al a special meeting of the
Members called for that purpose.
7. REMOV AI.. Prior 10 Turnover Dale, any Director may be removed with or wilhoul
cause by Declarant. Any Direclor may be removed from office al any time, with or without cause. by Ihe
vote or agreemenl in writing by a majority of all votes of the Members of the Neighborhood Association
at a special meeting of the Members called for Ihal purpose. The procedures for removal by the Members
shall be in accordance with Seclion 617.0808 of the Florida Statutes (or any applicable provision of
succeeding law).
8. COMPENSATION. No compensation shall be paid to Directors for Iheir services as
Direclors, provided that nothing herein contained shall be conslrued to preclude any Direclor from
serving Ihe corporation in any olher capacity and receiving compensalion therefor. In Ihat case, however,
the compensation must be approved in advance by Ihe Board and the Direclor 10 receive such
compensalion shall nol be permitted 10 vote on his or her compensalion. The Board shall have Ihe right 10
set and pay all salaries or compensation to be paid to Officers, employees, agents or attorneys for services
rendered to Ihe Neighborhood Associalion.
9. REGULAR MEETING. A regular meeting of the Board shall be held immediately after,
and at the same place as, the annual meeting of Ihe membership. Addilional regular meetings may be
held as provided by resolulion of the Board. All regular meetings of the Board shall be open 10 all
Members.
10. SPECIAL MEETINGS. Special meelings of the Board may be called by Ihe Presidenl or
a majority of Ihe Direclors for any purpose and at any lime or place. Notice Ihereof slaling the purpose
shall be mailed or delivered al least two (2) days before such meeling, to each Director al his or her
address as lisled in Ihe Neighborhood Association records unless such nolice is waived. All special
meelings of the Board shall be open 10 all Members.
II. OUORUM AND VOTING. A majority of Direclors shall conslilule a quorum. If a
quorum is not presenl, a majority of those present may adjourn Ihe meeting. NOlice of any adjourned
meeling shall be given to Ihe Directors who were not presenl at Ihe lime of adjournmenl and, unless the
time and place of the adjourned meeling are announced at Ihe time of the adjournmenl, to the olher
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Direclors. A majority vote of the Direclors shall decide any matter before the Board, unless a grealer or
lesser vole is specifically required in Ihe Articles of Incorporation, Ihese Bylaws or the Declaration.
12. NOTICE. Notice of all Board meetings shall be posted in a conspicuous place in Ihe
Neighborhood, as required by the applicable provisions of Ihe Florida Statutes (currently, Seclion
720.303(2) of the Florida Statutes), as Ihe same may be amended from lime to lime. If notice is not
posled in a conspicuous place in the Neighborhood, notice of each Board meeting musl be mailed or
delivered 10 each Member at each Member's residence in Ihe Neighborhood al least seven (7) days in
advance of the meeting. An assessment may not be levied al a Board meeting unless the nolice of Ihe
meeting includes a stalemenl Ihat assessmenls will be considered and Ihe nature of the assessment.
Written notice in accordance with Ihis paragraph shall also be provided with respect to meetings of any
committee when a final decision will be made regarding the expendilure of Neighborhood Associalion
funds, and wilh respect 10 meelings of the Architectural Review Committee, to Ihe extent required by
Section 720.303(2) oflhe Florida Slalules.
ARTICLE VI
OFFICERS
1. NUMBER. The officers shall include a President, Vice-President, Secretary and
Treasurer, each of whom shall be elected by the Board. Such assislant officers as deemed necessary may
be elecled by the Board. The President and Secrelary may not be Ihe same person. Officers musl be
Members of the Neighborhood Associalion (or a person exercising the membership righls of an Owner
who is not a natural person). All officers shall act without compensation unless otherwise provided by
resolution of the Board.
2. ELECTION AND TERM. Each officer shall be elected annually by the Board allhe firsl
directors' meeting following Ihe annual Member meeting and shall hold office unliI his or her successor
shall have been elected and duly qualified, unless removed by Ihe Board.
3. PRESIDENT. The President shall be the principal executive officer oflhe Neighborhood
Association and shall supervise all Neighborhood Association affairs. The Presidenl shall preside at all
Member and Board meelings and sign all documents and inslruments on behalf of Ihe Neighborhood
Associalion.
4. VICE-PRESIDENT. In Ihe President's absence, Ihe Vice-President shall perform Ihe
President's duties and, in such capacity, shall have all Ihe powers and responsibilities of the President.
The Vice-President shall, moreover, perform such dUlies as may be designated by the Board.
5. SECRETARY AND ASSISTANT SECRETARY. The Secretary shall (a) countersign all
documenls and inslruments on behalf of Ihe Neighborhood Association; (b) record Ihe minules of
meetings of Members and Directors; (c) give nolices required by these Bylaws; and (d) have cuslody of,
mainlain and authenlicate Ihe records of Ihe Neighborhood Association, other Ihan Ihose mainlained by
Ihe Treasurer. The Assislanl Secretary, if any, is aulhorized 10 perform the same dulies as Ihe Secrelary.
6. TREASURER. The Treasurer shall (a) have custody of all funds of the Neighborhood
Association; (b) deposit such funds in such depositories as may be selected as hereinafter provided; (c)
disburse funds; and (d) maintain financial records of Ihe Neighborhood Association, which shall be
available for inspeclion by any Member during business hours on any week day.
7
16A4 ~*I
7. REMOVAL. Any o/licer may be removed by a majority vole of the Board called for Ihat
particular purpose, and the vacancy shall be filled by a majority vole of Directors allhe same meeting.
ARTICLE Vll
BOOKS AND RECORDS
I. RECORDS TO BE MAINTAINED. The Neighborhood Associalion shall keep records
of minutes of all meetings of Ihe Board and Members, a record of all aclions taken by Ihe Board and
Members wilhout a meeting, and a record of all aclions laken by a committee of Ihe Board in place of Ihe
Board on behalf of the Neighborhood Association. A vole or abslention from vOling on each matter voled
upon by each Director present at a Board meeting must be recorded in the Board minutes. Copies of the
minutes of all meetings of Ihe Board and Members must be maintained for al least seven (7) years. The
Neighborhood Association shall also keep a copy of the following records: (a) its Articles of
Incorporalion and all amendments Ihereto currenlly in effect; (b) its Bylaws and all amendmenls thercto
currently in effect; (c) a lisl of the names and business slreel addresses of ils currenl Directors and
Officers: (d) ils mosl recent annual report delivered to Ihe Departmenl of Stale; (e) a copy of the
Declaralion and a copy of each amendment Iherelo: (I) a copy of the currenl rules and regulalions of the
Neighborhood Association (if any): (g) a currenl roster of all Members and Iheir mailing addresses and
parcel idenlifications; (h) a copy of all of Ihe Neighborhood Association's insurance policies (which
policies musl be retained for alleast seven (7) years); U) copies of any plans, specifications, permils and
warranties reIaled to any improvemenls conslructed on Ihe Property or olher property thai Ihe
Neighborhood Association is obligated 10 maintain, repair or replace, (k) a currenl copy of all conlracls 10
which Ihe Neighborhood Association is a party, including, wilhout limitation, any managemenl
agreemenl, lease, or other contract under which the Neighborhood Association has any obligation or
responsibility, (I) copies of all bids received for work to be performed for the Neighborhood Association
wilhin the last year, and (m) the financial and accounting records described in Article IX, Seclion 6 of
these Bylaws.
2. INSPECTION AND COPYING OF RECORDS. Any books, records and minules may
be in written form or in any olher form capable of being converted inlo written form wilhin a reasonable
lime. The official records shall be open for inspection and available for pholocopying by Members or
their aulhorized agents al reasonable times and places wilhin ten (10) business days after receipl of a
written request for access. The Neighborhood Association may adopt reasonable written rules governing
the frequency, lime, localion, notice and manner of inspections and may impose fees 10 cover Ihe costs of
providing copies of the official records, including, wilhoutlimitalion, Ihe cosls of copying.
ARTICLE VIII
MANAGER AND EMPLOYEES
The Board may employ Ihe services of a manager and other employees and agenls 10 aClively
manage, operate, and care for Ihe Property and may specify such powers, duties, and compensalion as the
Board may deem appropriate and provide by resolution. Managers, employees and agenls shall servc al
Ihe pleasure oflhe Board.
ARTICLE IX
CONTRACTS AND FINANCES
1. CONTRACTS. The Board may authorize any Officer or agenlto enter into any conlracl
or execule and deliver any instrument in Ihe name or on behalf of the Neighborhood Associalion, and
such aUlhority may be general or limiled.
8
16A 4
2. LOANS. No loans shall be contracted on behalf of the Neighborhood Associalion and no
evidence of indebledness shall be issued in its name unless authorized by a resolution oflhe Board.
3. CHECKS. All checks, drafts or other orders for paymenl of money, notes, or other
evidences of indebledness issued in Ihe name of Ihe Neighborhood Associalion shall be signed by such
Officers or agenls of the Neighborhood Association and in the manner as shall from lime 10 lime be
determined by resolution oflhe Board.
4. DEPOSITS. All funds of the Neighborhood Association nol olherwise employed shall be
deposiled from lime 10 lime in banks, trusl companies, or olher depositories as the Board may select.
5. FISCAL YEAR. The firsl fiscal year oflhe Neighborhood Association shall begin on the
day Ihe Articles of Incorporation of the Neighborhood Association are filed wilh the Departmenl of Slate
for Ihe State of Florida and shall end on December 31 of the same year. Thereafter, a fiscal year shall be
the consecutive Iwelve calendar-month period ending on December 31 ".
6. FINANCIAL RECORDS. The Neighborhood Association shall mainlain financial and
accounting records according 10 good praclice which shall be open 10 inspection and copying by Members
at reasonable times in accordance wilh Seclion 2 of Article VII of these Bylaws. Such records shall
include (a) a record of receipl and expenditures and accounls for each Member, which accounls shall
designate the name and address of the Member, the due dates and amounl of each Assessment, the
amounls paid upon the accounl, and the balance due; (b) a copy of the Ihen currenl annual budget of the
Neighborhood Associalion; (c) financial reports of the Neighborhood Association, showing the aclual
receipts and expenditures of the Neighborhood Associalion; (d) all tax relums, other financial reports and
financial statements of the Neighborhood Associalion; and (e) any other records Ihal idenlify, measure,
record or communicate financial informalion. All financial and accounting records shall be maintained
for a period of alleasl seven (7) years.
7. FINANCIAL REPORTING. The Neighborhood Associalion shall prepare an annual
financial report wilhin sixty (60) days after Ihe close of each fiscal year. The Neighborhood Association
shall provide each Member with a copy of the annual financial report or a written nolice Ihat a copy of the
financial report is available upon requesl al no charge 10 Ihe Member. The financial report musl consisl
of either: (a) financial slalements presented in conformily wilh generally accepled accounting principles,
or (b) a financial report of aclual receipls and expenditures, cash basis, which report musl show Ihe
amounl of receipls and expendilures by c1assificalion and Ihe beginning and ending cash balances of the
Neighborhood Associalion.
ARTICLE X
AMENDMENTS
These Bylaws may be amended or repealed by new Bylaws upon a majorily vole of Ihe Board:
provided, however, Ihat at no lime shall the Bylaws conflicl wilh Ihe lerms of Ihe Declaralion and Ihe
Articles of Incorporation. No modificalion of or amendment 10 Ihe Bylaws shall be valid unless set forth
in or annexed to an amendmenl 10 Ihe Declaralion and duly recorded in Ihe public records of Collier
Counly.
9
16A4 It
ARTICLE XI
REGULATIONS
The Board may adopt such uniform rules and regulations governing the operalion of Ihe Property
as may be deemed necessary and appropriale to assure the enjoyment of all Members and to prevenl
unreasonable interference wilh the use of such areas. Such regulalions shall be consislenl with applicable
law, Ihe Declaration, the Articles of Incorporalion, and Ihese Bylaws. A copy of such regulations shall be
furnished 10 each Member and shall be posted and made available in Ihe offices of Ihe Neighborhood
Associalion.
ARTICLE XII
ANNUAL BUDGET
I. ADOPTION BY THE BOARD. The Board shall annually adopt the budgel for Ihe
Neighborhood Association. The budgel must reflecl Ihe estimaled revenues and expenses for Ihat year
and the eSlimated surplus or deficit as of Ihe end of Ihe currenl year. The budgel musl set oul separalely
all fees or charges for recreational amenities, whelher owned by the Neighborhood Associalion, Declaranl
or another person.
2. REPORTING TO MEMBERS. The Neighborhood Association shall provide to each
Member a copy of Ihe annual budget or a written nolice thai a copy of the budgel is available upon
request at no charge to Ihe Member.
ARTICLE XIll
COLLECTION OF ASSESSMENTS
Assessmenls for the payment of Expenses shall be made and collecled in the manner provided in
Ihe Declaration. To Ihe extenl aulhorized by the Declaration, Ihe Neighborhood Associalion may also
collect assessments for any other associalion within Ihe Neighborhood.
ARTICLE XIV
FINES AND OTHER SANCTIONS
The Neighborhood Associalion may charge reasonable lines and impose other sanclions for Ihe
failure of a Member or his or her tenanls, guests or invitees to comply with any provisions of Ihe
Declaration, Articles of Incorporation, the Bylaws or rules and regulalions adopted by Ihe Neighborhood
Association. The procedures for Ihe imposition of fines and olher sanclions are set forth in Ihe
Declaration.
ARTICLE XV
COMMITTEES
I. The Board, by resolulion adopted by a majority of Ihe Direclors in oftlce. may designate
one or more committees comprised from among ils members which, 10 Ihe exlent provided in such
resolution, shall have and exercise Ihe aUlhority of the Board in the managemenl of Ihe Neighborhood
Associalion; provided, however, Ihal no such committee shall have Ihe aUlhority to (a) approve or
recommend 10 Members aclions or proposals required 10 be approved by the Members, (b) fill vacancies
in the Board or any committee, or (c) adopl, amend or repeal Bylaws. The designalion of such
10
16A 4
committees and Ihe delegalion of aUlhority Ihereto shall not operale 10 relieve Ihe Board or any individual
director of any responsibility imposed by law.
2. Other committees nol having and exercISIng the aUlhority of Ihe Board in the
management of Ihe Neighborhood Association may be designated by a resolulion adopled by a majorily
of Ihe Directors present al a meeting al which a quorum is present. Excepl as otherwise provided in such
resolulion, members of each such committee shall be Neighborhood Association Members.
3. Vacancies in Ihe membership of any committee may be filled by appointmenls made in
the same manner as provided for original appointments.
4. Unless olherwise provided in the resolution of the Board designating a committee. a
majority of Ihe entire committee shall constitule a quorum, and Ihe acl of a majorily of Ihe members
present at a meeling at which a quorum is present shall be Ihe acl oflhe committee.
5. Each committee may adopt rules for ils own governance nol inconsislenl wilh Ihese
Bylaws or with rules adopted by the Board.
ARTICLE XVI
DECLARANT'S CONTROL
Notwithstanding anything contained herein 10 the contrary, Declaranl shall have full right and
aulhority to manage Ihe affairs and exclusive right to eleclthe Directors of the Neighborhood Associalion
(who need nol be Owners) unlil Ihe earliest of the following shall occur: (i) three (3) monlhs after
Declarant has conveyed to Members ninety percent (90%) all of the Lots and Unils in the Neighborhood.
or (ii) on Ihe date which Declaranl voluntarily elects 10 relinquish its control of the Neighborhood
Associalion.
The foregoing were adoPled as the Bylaws of Lakoya at Lely Resort Neighborhood Association,
Inc., a corporal ion nol for profit under Ihe laws of the Stale of Florida, allhe first meeling of the Board on
Ihe_dayof ,2011.
By:
Chad Kocses, Presidenl
Attest:
Valerie McChesney, Secretary
II
16A 4
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EXHIBIT "D"
SITE PLAN
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PREPARED FOR;
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16A4
This instrument prepared by
Eleanor W Taft, Esq.
2647 Professional Circle, Suite 1203
Naples, Flonda 34119
Parcel Tax Id. No.:
VACATION OF EASEMENT
WHEREAS, Lely Resort Master Property Owners Association, Inc., a
Florida not-for-profit corporation hereinafter called the "Association") and Stock
Development, LLC, a Florida limited liability company (hereinafter called
"Stock"), are Grantees of that certain Drainage Easement, Lake Maintenance
Easement and Access Easement recorded in O.R. Book 4047, Page 3580, in
the Public Records of Collier County, Florida (hereinafter known as the
"Easement"), and
WHEREAS, the Board of County Commissioners of Collier County,
Florida, also a Grantee of the Easement, adopted Resolution No. 2010-140
vacating, extinguishing, renouncing and disclaiming its interest in the Easement,
recorded in OR 4590, Page 2136, in the Public Records of Collier County,
Florida; and
WHEREAS, Stock is the owner of the fee title of the lands encumbered by
the aforesaid Easement, hereinafter referred to as the Property and specifically
described in Exhibit "A" attached hereto and made part hereof; and
WHEREAS, Stock desires to replat the Property.
NOW, THEREFORE, in consideration of the sum ofTen Dollars ($10.00)
and other good and valuable consideration, receipt of which is hereby
acknowledged, the Grantees hereby relinquish, abandon and vacate their
interests in the Easement.
IN WITNESS WHEREOF, the Grantees have caused these presents to g::
executedjJ;ts name, by their proper officer thereunto duly authorized this /,\,
day of ~ , ,2010.
LEL Y RESORT MASTER PROPERTY
OWNERS ASSOC T~IN~.
By:
C"'~ /,<c...L1e\ , President
,.<:';;";;.;.... JUDITH M (~ml\
/+~. ~..>\ Notary Public ,. SUr'e'1Jf (orida
;:.. :'j My Comm. Expires Sep 28, 2012
'\;..'/"~ ~!;J;" Commission # DO 819893
";',7f,:,~~"" BOnded Throu~1l National NOl.1ry Assn.
STATE OF FLORIDA
COUNTY OF COLLIER
)
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16A4
[) The ~regOing instrument was aCknow~ed before me this /:; t(, day of
o rlOJfr.} }.Ii A / , 2010, by CJb 00 _ ~O~, President and
, Secretary of the Lely Resort Master Property Owners
Association, Inc, who are personally known.1oJ:naor have produced
as identification.
~ ,.JA UJ/d"fl&.
Notary ublic
Print Name: J/f...LL,/IA- 1'1::5&1 (t
My Commission Expires:
Signed and delivered
Witnesses:
ck, its Manager
(Seal)
STATE OF FLORIDA
COUNTY OF COLLIER
r; _ T~gOing instrument was acknowledged before me this / ~a;day of
~ Y-v, 2010, by Brian K. Stock, Manager of Stock Development,
LLC, who are personally known to me or have produced
as identification.
~ )u~Jbj
Notary bltc
Print Name:.J~j1}rv /1 Y3lJtt
My Commission Expires:
~ - ~
JUDITH M. SEALE
/'c'~~ Notary Public. State 01 Florida
: . E My Comm. Expires Sep 28,2012
~:-; f?-.:i Commission:# DO 819893
'i't; cr,-
;",,~r,:,i,"~ Bonded Througtl National Notary Assn
Exhibit "A"
16A4
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PROPERTY
16A4
RHODES & RHODES LAND SURVEYING, INC.
JOHN SCOTI' RHODES, P.S.M, THOMAS E. RHODES, P,S.M,
1440 RA1L HEAD BLVD. III NAPLEs, FWRlDA 84110
PHONE ('89) 1S1IU1S70 FAX (''') 1S1IU1S81
PROPERTY DESCRIPTION
A portion of Sections 21 & 28, Township 50 South, Range 26 East, ColIier County Florida, being more
particularly described as follows:
Commencing at the northwesterly most comer of Wildflower Way, Lely Resort Phase Eight, according
to the plat thereof as recorded in Plat Book 23 at pages 33 and 34 of the public records of Collier
County, Florida; thence South 83040'04" East, along the northerly right-of-way line of said Wildflower
Way, a distance of 785.09 feet to the Point of BellinniDll of the parcel ofland herein described, the same
being a point on a non-tangential curve; thence northwesterly, 167.16 feet along the arc of a curve,
concave northeasterly, having a radius of 99.00 feet, through a centml angle of 96044'28" and being
subtended by a chord which bears North 35017'50" West, 148.00 feet to a point of compound curvature;
thence northerly, 97.00 feet along the arc of a circular curve, concave easterly, having a radius of 466.00
feet, through a centml angle of 11055'36" g ~ by a chord which bears North 19002'12"
East, 96.83 feet; thence North 250001' ' 3 feet to a point of curvature; thence
northeasterly, 89.19 feet along the , a circular curve, e southeasterly, having a radius of
70.00 feet, through a centml ang 0 30 , "and being su ten by a chord which bears North
61030'00" East, 83.28 feet; ce 0 0 ,a tan e of 230.09 feet to a point of
curvature; thence northeasterly, 24 1 . ul curve, concave northwesterly,
having a radius of 80.00 feet, d being subtended by a chord
which bears North 53033'30" 7' " ast, a distance of 188.57 feet to
a point of curvature; thence no .8 t the 0 ~ ircular curve, concave westerly,
having a radius of 480,00 feet" a centml angle .)3 37 '", and being subtended by a chord
which bears North 02041'30" Wes . 45 feet; thence N ;JQ" West, a distance of 120.47 feet
to a point of curvature; thence nortIi Yr-' 6.31 feet along ,~~'f a circular curve, concave easterly,
having a radius of 220.00 feet, throu .1t:e .~ '00" and being subtended by a chord
which bears North 03015'00" East, 134.1 'lieIte 1000'00" East, a distance of93.30 feet to
a point of curvature; thence northerly, 75.68 feet ong the arc of a circular curve, concave westerly,
having a radius of 55.00 feet, through a centml angle of 78050'19" and being subtended by a chord
which bears North 18025'10" West, 69.85 feet to a point of reverse curvature; thence northwesterly,
342.46 feet along the arc of a circular curve, concave northeasterly, having a radius of 891.04 feet,
through a centml angle of22001 '16" and being subtended by a chord which bears North 46049'41" West,
340.36 feet to a point of compoWld curvature; thence northeasterly, 203.06 feet along the arc of a
circular curve, concave southeasterly, having a radius of 80.00 feet, through a centml angle of
145026'03" and being subtended by a chord which bears North 36053'58" East, 152.78 feet; thence South
70"23'00" East, a distance of 362.27 feet to a point of curvature; thence southeasterly, 78.39 feet along
the arc of a circular curve, concave southwesterly, having a radius of 320,00 feet, through a centml angle
of 14002'06" and being subtended by a chord which bears South 63021'57" East, 78.19 feet to a point of
reverse curvature; thence easterly, 208.99 feet along the arc of a circular curve, concave northerly,
having a radius of 254.85 feet, through a centml angle of 46059'06" and being subtended by a chord
which bears South 79050'27" East, 203.18 feet; thence North 76040'00" East, a distance of 177.78 feet to
a point of curvature; thence easterly, 50.54 feet along the arc of a circular curve, concave southerly
having a radius of 170.00 feet, through a central angle of 17002'00" and being subtended by a chord
Z:IACADRI4IDWGlCONSTlLEL Y RESORT MASTERITRACT 61 CALDECOrmOOS-20831egaLdoc
Page I 00
16A4
RHODES & RHODES LAND SURVEYING, INC.
JOHN SCOTT RHODES, p,8.JI. THOMAS E. RHODES, P,S.M,
1440 R.4lL HEAD BLVD,'I NAPLES, FLORIDA 84110
PHONE (%81) ISUl10 FAX (%811) IIUISI
which bears North 85011 '00" East, 50.35 feet to a point of compound curvature; thence southeasterly,
31.56 feet along the arc of a circular curve, concave southwesterly, having a radius of 45.00 feet,
through a central angle of 40011'23" and being subtended by a chord which bears South 66012'19" East,
30.92 feet to a point on a non-tangential curve; thence westerly, 77.36 feet along the arc of a circular
curve, concave southerly, having a radius of 162.00 feet, through a central angle of 27021'35" and being
subtended by a chord which bears North 89039'13" West, 76,62 feet; thence South 76040'00" West, a
distance of 155.06 feet to a point of curvature; thence southerly, 367.11 feet along the arc of a circular
curve, concave easterly, having a radius of 117.00 feet, through a central angle of 179046'38" and being
subtended by a chord which bears South 13013'19" East, 234.00 feet; thence South 76053'22" West, a
distance of 182.63 feet to a point of curvature; thence southwesterly, 184.72 feet along the arc of a
circular curve, concave southeasterly, having a radius of 150.00 feet, through a central angle of
70033'26" and being subtended by a chord which bears South 41036'39" West, 173.27 feet; thence South
06019'56" West, a distance of 801.34 feet to a point on a non-tangential curve; thence southwesterly,
292,38 feet along the arc of a circular c ~Ce westerly, having a radius of 224.00 feet,
through a central angle of 74047'1 5" ,< rd which bears South 58056'18" West,
272.07 feet; thence North 83040'04" <<distance of 298. the Point ofBeainninll,
\
Containing 540,709 square feet 0 12.f1:fl~~s. \ \
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Subject to easements, restrictio"f an 0 . \
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Bearings based on the Northe J. f- m WI j;;;~aY, Lely Resort Phase Eight,
according to the plat thereof as , ed in Plat Book 23 P e '"" d 34, as being South 83040'04"
East. 1'1~ '1 .. ~I...
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RHODES & RHODES LAND SURVE~~0\~S~/
FLORIDA BUSINESS AUTHORIZA nON N<ftiJ~
f4 ~v; /I-L
John Scott Rhc)des
Profei$ionll(Surveyor and Mapper
Slate QfFlonw.; License Number 5739
NOT VALID WITIlQUTTHE SIGNATIJRE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
L1CENSI!OSURVEYOR AND MAPPER
R&:R FILE NO. 2005-2083
DA IE: 09/19/05
Z:IACADRI4IDWGICONSl\LEL Y RESORT MASTERITRACT 61 CALDEC0Tn200S-2083Iegal.doc
Page 2 00
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