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Item #9A and #9B �. s± w,at ^ a '�t+2`pie" 144., by 3 a I � � ',� 1 3 3 T ' ff F I , f PROPOSED NORTHERN : ;; ACCESS POINT i a 1 1 I N > N II `_ 1 °c � 4 �. ` ° SUBJECTTY " PROPER 1 -,'''44.'' ' i .1‘,.,,, ,.,' 4111:"**' 464: �� fa n se xd Ej vX - ',..„:.',;„, - a ;gym .µ rcw, t 5 T' x '''' tP,,' '''..‘ *'''4,. :,. „, li',0, 8ir'' , o 30. MITIIIEI r � � � 11x17 SCALE:1" 60' LEGEND GREY OAKS DRI/PUD ®Grad Minor y .s�+es..wiv sais� PROPOSED NORTHERN ACCESS DATE AERIAL FLOWN: JAN 2018 cmi en®eeere 1�ne survey"Sn, Planners . Landscape,...,Architects SOURCE; COLLIER COUNTY PROPERTY APPRAISER aow.sw"w:zr3. v."wm....cra ..00. nnn w,nA:aaa e.as�mep + " i ',..i4,` a riPc r`/ '� `c'a 4 b k ( ', ., ate" , iii#' ‘---4".,k.*: '4i..\t‘-`31! n „v6yY 1, � .4 .1i. M1 d - .0 . . , . .. 10 , -... 0 ... ,...,:...*'"'":': ' 441111* !gym ; ¢: ° , `_s7+, 17 (�e g( q 2.1 .....„ ..., L . 1.,..,10.,.. ;-,::,..:.. . ..v, d" .. '' '' .s,i-.,,,,iiii., , , ,-;,,, ,A1„,:: ..- 0,4toc, ,e. .4,',"--":": 1 k'�' """`bR , ,,,, „.„ ,,, ,, ,,,,.. ..: ,.. , _ ..iiik, ,.. .,;...,, n ” 1 eA ,t'.,,,,, , p;v'A „, ..,,,,, 1-7'7. ' .' ' 40 ' , .°'1 PRS OSED ;, , , S .-7 1*.- Ir':t4t ;4.'Irili41*,.. 11' ; �+ NO ERN x > , Aili, ACS S %.,,-- n . : p g POI 4 s ., ; ,�$ F`7. w11 i tt. �'*V ' ' ' ' : = � '”' cs , � ., ..'4116111*1 _.... *11.* '441.:'.;,:l. 3,0;# * SUBJECTI , , PROPERTY t 4 I Z.' y a -11^p z ..-_,"140,,,,.. � , PROPOSED �` . " '4,,;?".."' SOUTHERN ;° xis a rI ,ACCESS POINT N � �: j'If '4 ;t4f.,,,,Ag.44!,t.::'— A : '' p TAt,L,,,',- '`Itr.; a 11x17 SCALE:1"=300' A . :<: LEGEND GREY OAKS DRI/PUD ®GradyMinora.a^„.. PROPOSED ACCESS LOCATION MAP I awueon....swna. CMI Fn�neere IanA Sprve ro • plannero 6en.,,,n,a Arcmcecrs DATE AERIAL FLOWN: JAN 2018 c...' ..e,. awe etiLe 1e �Fz SOURCE; COLLIER COUNTY PROPERTY APPRAISER swore:v. ....�, .o,.00,o eon w+nn,vs,eso.4420 SECTION IV GOLF COURSE/RECREATION/PARK/RIGHT-OF-WAY 4.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on Map H-1 Planned Unit Development Master Plan as, golf course, clubhouse, driving range, right-of-ways; dedicated easements and utility corridors. 4.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part for other than the following: A. Permitted Principal Uses and Structures 1) Golf Course(s) 2) Tennis Club and facilities 3) Water management facilities; essential services (in accordance with the LDC). Lakes, including lakes with seawall and other types of architectural bank treatment. 4) Open space recreational activities, community parks, and similar uses, including but not limited to shuffleboard courts, tennis courts, swimming pools, boat docks and ramp, canoe launches, fishing piers, boat storage, beach gazebos, concession stands, health trails, bike paths and nature trails, observation platforms, boardwalks, playground, picnic areas and other types of facilities intended for outdoor recreation. 5) Community center/clubhouse(s). 6) Storage, maintenance yards, and landscaping nurseries within FP&L easements, rights-of-way, and open space. Subject to approval of the persons or entities in whose favor the easement or right-of-way runs. 7) Project Information and Sales Center. 8) Any other use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals or the City Community Development Director determines to be compatible in the district. (Revised 4/11/07) 23 B. Permitted Accessory Uses and Standards Accessory uses customarily associated with the principal uses permitted in this district including but not limited to: 1) Pro-shop, practice driving range, cart barn and other customary accessory uses of golf courses, or other recreational facilities, including maintenance area, and pump houses, golf courses rain shelters, restrooms, and snack bars. 2) Small commercial establishments, including gift shops, golf and tennis equipment sales, restaurants, cocktail lounges, and similar uses intended to serve patrons of the golf course or other permitted recreational facilities, subject to the provisions of the applicable supplementary district regulations of the Land Development Code of Collier County. 3) Vehicle wash facility. 4.03 DEVELOPMENT STANDARDS 1) Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. 2) Buildings shall be set back a minimum of ten (10') feet from parcel boundaries, except for common boundaries between golf course, recreation and park uses, and water management facilities, in which case the setback is zero (0')feet. 3) Maximum height of structures: Fifty (50')feet, unless abutting a residentially zoned parcel, then thirty five (35')feet. 4) Minimum distance between principal buildings: Five (5') feet — 1 and 2 story buildings that are a part of an architecturally unified grouping of structures. Ten (10')feet— 1 story. Twenty (20')feet—2 story. 5) Setback for structures from parcel boundaries abutting residential areas: Twenty (20') feet— principal structures. (Revised 4/11/07) 24 's 1 £ ayy ym2k. C i d 12V r 01 1- ll 1 '� Ii11282.1 ::::::::...... L as "� �F ! . /111 °x1 1 N.0 :::4:::::::::::::::.::::' ,1 a `s y ,\. �yjf Y 391 44,;:.1: 1:- , \ s i1✓�ug �. , i r7 61.g 6 y a \ _-,..,`4-A-......--....ffr \ _ s sn �e d e �- v§. Y- a x.11, zlitif�e D Iso :,,,.. \��\\ m�� m � F � � .. ei-u„.. iii &ai z a � - , gY N-ir', 64t os, » ts » g t» s* ,...,.........„.„.,. uu \\ 0„.„,„,,„,„„,„,-,to„,„,,,,,,, �up\\ar [tmsr / ..E10%,,;ft.V.At,',71,\Aggizr4.7 --.1-1---w7-.-- s'. lrIow. rx� io -2��0eo � „ ,1„.. , ,e,,:-a,.Illmmimiliti mii ln . ao:tl r 1 4%111 \ _ 1 (ir,k)8117,,---, 5D i )i R.s,,,\\N \\\Ito. .01::_,*,,, s -„,‘\.,....,01, _:,11 ,,N, ,\_.. 0 . 4.;,,,, ,,.., Aki. �5�' ��o�a� (f � m '�i._ a \�\\ o \\�\i Q\\�\\\\ if, '.0i, it '‘\,\, 1-1110. F, dill' - - g .tii!i,11.v..........—, ,4 itti \ 1 i gi * II 111 ' r,.,” kr' ‘,.., ,•iii ziV Iti, 11111111,''':i;..: iiii;'-"---....'...finkr,y4 ALiiiits..', n P�\\�"\\ 1. ✓�sj= ;� \\\ `' F\ \\\\\0� \ \\\® ' of 11 `t y�,�_ ( aiftP;�r„.+ o �,o t , .. \„D. t..upoiTowitta - \s \\\\00, n r It,, _e \ _ \�r��\\� y�* � \ \\\�O\� �� CD 0 immi .\\\ \`‘..\\__II . nu roma u 11 11 a= y n O D O N N O 0 0 m -A'm o a m , a I T.:1 g i .. mumrr oQag) WilsOnMiller w PUD MASTER PLAN - MAP H-1 . , mi "'''''''''':=1;:l....„—.- "8 PREPARED FOR NAPLES GRANDE HOLDINGS,LLC " 1 = ' STEPHEN E. THOMPSON Present Occupation: Real Estate Attorney—Commercial Board Certified in Real Estate,Condominium and Planned Development Law by the Florida Bar Board of Certification Office: Thompson Lewis Law Firm,PLLC 850 Park Shore Drive, Suite 201-A Naples,FL 34103 Ph:(239)316-3006 Fax:(239)307-4839 CURRENT PROFESSIONAL LEGAL PRACTICE THOMPSON LEWIS LAW FIRM 850 Park Shore Drive,Suite 201-A,Naples,FL 34103 Positions Held: Partner LEGAL EDUCATION Juris Doctor Degree,cum laude,December 1982 J.Reuben Clark School of Law,Brigham Young University Law School Merit Scholarship Recipient Member,Phi Delta Phi,Society of International Law Author&Editor,Journal of Legal Studies UNDERGRADUATE Bachelor of Arts with Honors in French EDUCATION Concentrations in International Relations,Spanish and Education Florida International University, 1980 Honors: School of Education Full Academic Scholarship, 1978-80 Department of Modern Languages Academic Scholarship,Fall 1979 PROFESSIONAL The Florida Bar,Real Estate Board Certification Committee(2004) AFFILIATIONS Collier County Bar Association,Chairman of Real Estate Section(1990-1991) Urban Land Institute (ULI), Executive Committee of Southwest Florida District Council (1998- 2004) Ave Maria Law School Leadership Council(2008-2010) J.Reuben Clark Law School Alumni Board,Class Representative(2004-2007) Brigham Young University Alumni Association,Board of Directors(2008-2012) ACCOMPLISHMENTS Named to The Best Lawyers in America®for Real Estate Law(2008-2018);and Litigation-Real Estate(2012-2019) AV®PreeminentTM rating from Martindale-Hubbell Law Directory(several decades) Board Certified in Real Estate Law by The Florida Bar Board of Legal Specialization Selected as a"Florida Super Lawyer"(2006&2007,2009-2013) Served in the United States Army(1972-1975) Employer Support of Guard and Reserve Award(2002) COMMUNITY ACTIVITIES AND INTERESTS Boy Scouts of America: District Commissioner for Alligator District,May 1993 to May 1994 Served on Council Executive Committee of Southwest Florida Council Served on Council Advisory Committee of Southwest Florida Council Served in various positions as an Adult Scout Leader almost continuously since 1973; Three times as Scoutmaster,Assistant Scoutmaster(currently),Troop Committee for LDS Troop 52,Webelos leader, and Blazer Scout Patrol Adult Leader,Chartered Organization Representative Cubmaster,Pack 65,Immokalee,Florida,January 2012 to February 2015 Silver Beaver Award Recipient—2014 SW Florida Council Committee-at-Large member—April 2013 to 2018 Economic Development Council of Collier County,Inc.: Member 1989-1993,Blue Chip Committee(Chairman,Redevelopment Sub-committee) Trustee Member 1994- 1999,Community Affairs Committee Membership Committee Naples Area Chamber of Commerce: Member,Urban Study Committee 1994-1997 Redevelopment Committee Chairman 1997-1998 Urban Land Institute—Southwest Florida District Council Member,Executive Committee 1998—2005,and 2012 to 2018 Senior Executive Committee 2001-2005 Naples Area Board of Realtors: Member 1994,Governmental Affairs Committee(Chairman,Transportation Sub-committee) Collier County Bar Association: Real Estate Section Chairman, 1990-1991 Member, 1987 to Present The Church of Jesus Christ of Latter-Day Saints: North America Southeast Area Welfare Specialist and VOAD representative for disaster response to the State of Florida—2018 to present Area Seventy—April 2013 to October 2018 2"d Counselor,Florida-Tampa Mission Presidency,October 2009 to April 2013 Stake President,Fort Myers Florida Stake—February 1999 to September 2009 1n Counselor Fort Myers Florida Stake Presidency,September 1998 to February 1999 Bishop of Naples Ward(700 member congregation),August 1993 to September 1998 High Council for the Fort Myers Stake, 1990 - 1993 (local governing body of The Church for geographical area extending from Bradenton on the North to Naples on the South); Stake Young Mens'President(1990-1992),Bishop's Counselor(Three Times),Elders Quorum President,etc. Community Service in Emergency Relief: • Organized and led LDS SW Florida Relief Response for Aug./Sep. 1992 Hurricane Andrew Cleanup Effort, consisting of 150+volunteers from SW Florida working in South Dade County communities and with the 10th Mountain Division of US Army,for 4 weeks after the storm. • Organized and led LDS SW Florida Relief Response for Albany,Georgia Flood Cleanup Response 1994, consisting of approx.45 volunteers from SW Florida working in Albany,Georgia after serious flood event,in connection with over 2,000 other LDS volunteers in the response effort • Organized and led LDS Florida State-wide Relief Response for Aug.2004 Hurricane Charlie Cleanup Effort, consisting of over 2,000 volunteers per weekend from Central and South Florida working in Charlotte County, for 9 weeks after the storm. Coordinated delivery of over 15 semi-loads of relief supplies,etc. • Assisted in organization LDS Florida State-wide Relief Response for 2004 Hurricane events of Francis,Ivan, and Jeanne Cleanup Efforts,consisting of over 10,000 volunteers per weekend from West,Northeast,Central and South Florida working in all hurricane impacted communities,for each week after the storms for over 3 months. Coordinated delivery of over 10 semi-loads of relief supplies,etc. Organized and led SW Florida LDS volunteer teams consisting of over 350 volunteers for weeks after last storm event. • Acted on behalf of the LDS Church as representative to accept State-wide disaster response"Heroes Helping Heroes"award to LDS Church from Florida Governor Jeb Bush for assistance rendered to First Responders during the 2004 Hurricane Relief efforts. • Organized and led LDS Florida State-wide Relief Response for October 2005 Hurricane Wilma Cleanup Effort, consisting of over 1,000 volunteers per weekend from Central and South Florida working in Collier County,for 4 weeks after the storm. Coordinated delivery of over 12 semi-loads of relief supplies,etc. • Organized and led LDS Florida State-wide Relief Response for September 2017 Hurricane Irma Cleanup Effort,consisting of over 10,000 volunteers per weekend from North,Central and South Florida,as well as Georgia,North and South Carolina working in Duval County,Center Florida counties,Collier County,and Monroe County for 4+weeks after the storm. Coordinated delivery of 21 semi-loads of relief supplies,etc. • Organized and led LDS North America Southeast Area-wide Relief Response for 2018 Hurricane Florence VOAD response Cleanup Effort in NC and SC(with volunteers from all over the southeast,consisting of over 3,000 volunteers per weekend from North,and Central Florida,as well as Georgia,Virginia,North and South Carolina working in North and South Carolina impact areas,including delivery of numerous semi-loads of relief supplies,etc. • Organized and led LDS Florida Relief Response for Hurricane Michael Cleanup Effort,consisting of over 3,000 volunteers per weekend from North,Central and South Florida,as well as Georgia,Alabama, Mississippi,Louisiana and South Carolina working in impacted communities in the Florida Panhandle to Bainbridge,Georgia for 6+weeks after the storm. Coordinated delivery of numerous semi-loads of relief supplies,etc. Hobbies: Archaeology,Violin,Wood-carved Artwork PAST PROFESSIONAL WORK EXPERIENCE THOMPSON LEWIS LAW FIRM,PLLC 850 Park Shore Drive,Suite 201-A,Naples,FL 34103 Positions: Partner,2016 to present ROETZEL&ANDRESS 850 Park Shore Drive,Naples,Florida 34103 Positions: Partner-in-Charge,Florida Offices,2000 to 2009 Chairman,Florida Real Estate Practice Group, 1993 to 2000 Partner, 1993 to 2016 FROST&JACOBS 4001 Tamiami Trail North,Suite 300,Naples,Florida 33940 Position: Naples Office Managing Partner,November 1991-June 1993 Partner- 1991-June 1993 Real Estate Associate,March 1987-November 1991 SWAN&HADDOCK,P.A. 135 West Central Avenue,Suite 1100,Orlando,Florida Position: Real Estate Associate,March 1985-March 1987 VORYS,SATER,SEYMOUR and PEASE 52 East Gay Street,Columbus,Ohio Position: Real Estate Associate,April 1983-1985 Summer Associate,May-August 1982 FOX,EDWARDS&GARDINER Salt Lake City,Utah Position: Law Clerk/Associate,December 1982-April 1983 SANDY CITY CORPORATION 800 East 100 North,Sandy,Utah 84070 Position: Law Clerk,August 1981-April 1982 BLACKWELL,WALKER,GRAY,POWERS,FLICK&HOEHL Suite 2400, 1 SE 3rd Avenue,Miami,Florida 33131 Position: Administrative Clerk,October 1978-March 1980 General office duties relating to support of legal staff and operations. Supervisor: Patrick Barthet,Administrator MISSION FRANCAISE DE PARIS,THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS 19 Rue du Onze-Novembre,Le Vesinet,France 78110 Position: Missionary,November 1975-November 1977 Representing LDS Church in Paris,Tours,and Angers areas Supervisor: President Jack T.Fuller,Esq. UNITED STATES ARMY,HHB 1/65TH ADA NAS Key West,Florida 33040 Position: Medical Corpsman(combat medic MOS),August 1972-August 1975 Supervisor: LCDR Smith,USN MSC or Lt Reiger MC USNR ADMISSIONS District of Columbia Florida Georgia Ohio Tennessee Utah U.S.Court of Appeals,Eleventh Circuit U.S.Court of Appeals,Tenth Circuit U.S.District Court,District of Utah U.S.District Court,Middle District of Florida U.S.Supreme Court AFFIDAVIT OF PETE SWAIN I STATE OF /,t. ) 4 a `zvp.` Nq7 *�" s' i ` 1 4,., r r COUNTY OF 60/10'441. ) BEFORE ME,the undersigned authority duly authorized in the State of Florida,County of Collier to take acknowledgments and administer oaths,personally appeared Pete Swain,who, after being duly sworn on oath,according to law,deposes and says as follows: 1.My name is Pete Swain,I reside at 2266 Silver Palm Place,Naples,FL 34105,and I serve as the President of Grey Oaks Property Owners Association, Inc. ("GOPOA") and also served as President of GOPOA back in May of 2017 and at all relevant times. 2. I make all statements contained in this Affidavit related to GOPOA based upon my personal knowledge. 3. This Affidavit is made upon the basis of personal knowledge,and I am of sound mind and body,over the age of 18,and understand the obligation of an oath. 4.Jim Butler served as the General Manager of Grey Oaks Country Club("GOCC")for over seventeen years. For Jim Butler's first fifteen years,GOCC was owned by the developer of Grey Oaks, Halstatt Partnership. During the transition of GOCC ownership from Halstatt Partnership to the members,Jim Butler was asked to continue to serve as the General Manager of GOCC. 5. Jim Butler gave notice in May of 2017 of his intent to resign his position as General Manager at GOCC. 6. It has recently come to my attention that Jim Butler provided a no objection email, dated July 12, 2017 and attached hereto as Exhibit"A", allegedly on behalf of GOPOA ("No Objection Email"), which No Objection Email was sent by Jim Butler prior to the filing of PL20170001548 (the "Grey Oaks MPUD Amendment Petition") and DOA -PL20170001729 ("Grey Oaks DRI Development Order Amendment Petition") filed by Albert O'Donnell with O'Donnell Landscapes,Inc(the"Applicant")(the"Grey Oaks MPUD Amendment Petition"and the "Grey Oaks DRI Development Order Amendment Petition" are collectively hereinafter referred to as the"Applications"). 7.Jim Butler had no authority whatsoever to provide the No Objection Email on behalf of GOPOA. 8.I never discussed or spoke with Jim Butler about the No Objection Email or the July 6, 2017 email request to Jim Butler from Wayne Arnold for a letter of no objection to relocate two I previously approved access points to Livingston Road.Further,neither 1,nor the GOPOA and its Board authorized Jim Butler to issue the No Objection Email. 9.If Jim Butter had disclosed the July 6,2017 email request from Wayne Arnold to me, the request would have been taken to the entire Board of GOPOA for proper discussion and consideration at a noticed Board meeting. No GOPOA Board vote or discussion ever occurred with respect to the No Objection Email or the July 6,2017 email request from Wayne Arnold. 10.The No Objection Email is invalid,as President of the GOPOA,I have not and do not approve the issuance of the No Objection Email, and the GOPOA has never approved or authorized the issuance of the No Objection Email. 11.Additionally,GOPOA has never approved the Applications. FURTHER THIS AFFIANT SAYETH NAUGHT ete Swam ‘C-1-4 . SWORN TO under oath and subscribed before me this 7 day of December, 2018, by Pete Swain, as President of Grey Oaks Property Owner's Association, Inc., who (G1--- is personally known to me,or( )has produced as identification. (SEAL) • 'Y PUBLI' Name: Stephen E.Thompson ——— (Type or Print) STEPHEN THOMPSON 1 11SStON$tai 121932 s My Commission Expires: 44 EXPIRES:Atiguat23.2021 Boadedibne Y Sharon Ur peohour From: Jim Butler<JButler@greyoakscc.com> Sent Wednesday,July 12,2017 12:28 PM To: Wayne Arnold Cc Rafael Silva;John English(JEnglish@barroncollier.com);Jeannie Manos Subject: FW:Grey Oaks Access for O'Donnell Nursery Attachments: JimButler 06-2017LPDF;Access Relocation Exhibit.pdf Wayne, Grey Oaks has no objection to this proposal. Both the ry Club and the Property Owner's Chairmenand g myself,the General Manager has approved. Please let this email sere as official notice if possible. N Thanks a Jim Jim Suffer a General nianager a 2400 Grey Oaks Drive North /Naples,FL=3�455 �10}� (239)262-5550(Club) (239)262-3593(Fax) Email:Jautler@GrevOaksCC,com www.G, yOaksCC.com iy Cit Note: if you have received this communication in error please delete ail copies of the original message and attachments. Q Fes:Jim But4er a Sent:Tuesday,July 11, 2017 1:03 PM To:Jim Butler o Subject: FW: Grey Oaks Access for O'Donnell Nursery ,fit Ostler General izager :A, a _ m 2400 Grey Oaks Drive North Naples,FL 34105 (239)262-5550(Club) (239)262-3593(Fax) Email:JButierrGrevOaksCC.com www.GrevOaksCC:corn Note: If you have received this communication in error please delete ad copies of the original message and attachments. From: Wayne ArnoldEmailto:WArnoldCa�gradvminor.com] Sent:Thursday,July 06, 2017 8:27 AM To:Jim Butler 1 p w Exhibit aAn " Cc: 'John English';Sharon Umpenhour Subject: Grey Oaks Access for O'Donnell Nursery Hello Jim, I am assisting Al O'Donnell with his landscape nursery improvements within the FP&L easement adjacent to Livingston Road. AI is trying to obtain dedicated access for his nursery operations from Livingston Road. We are proposing to amend the Grey Oaks PUD and DRI master plans to eliminate two previously approved but unused access points and add the two proposed access points on Livingston Road. We would appreciate it if you could review the attached information and provide us with a letter of no objection. If you have any questions, please feel free to contact John English or me. Thank you, Wayne o a D.Wayne Arnold,AICP $ Planning Director N a a 3800 Via Del Rey Bonita Springs,FL 34134 Phone-239.947.1144 Fax-239.947.0375 0 Web http://www.gradyminor.com a DISCLAIMER:This communication from Q.Grady Minor&Associates,P.A.,along with any attachments or electronic data is intended only for the addressee(s)namedand above may M contain information that is confidential,legally privileged or otherwise exempt from disclosure. The recipient agrees and accepts the following :The electrwticfi for I✓ information al purposes only and is the responsibility of the recipient to reconcile this electronic flieldala with the approved and certified"plan of record'along with actual project site conditions.Q.Grady Minor&Associates,PA reserves the right to revise,update and improve its elecrorically sexed data without notice and assumes no responsibility due toe virus or damages caused by receiving this email. N N Under Fiends Law,e-mail addresses are public recordsif you do not want your a-mail address released in response to a public records request,do not send .Instead,contact this office bytelephoneO electronic mail to this etTtity or in Ka'iting. 0. g.. 3 to d yyL v a E 2 AFFIDAVIT OF JOHN MCCLUTCHY STATE OF FI�D�Q n ) ss: COUNTY OF L,D/G/EA ) BEFORE ME, the undersigned authority duly authorized in the State of Florida, County of Collier to take acknowledgments and administer oaths, personally appeared John McClutchy, who, after being duly sworn on oath, according to law, deposes and says as follows: 1. My name is John McClutchy, I reside at 1437 Nighthawk Pointe, Naples, FL 34105, and I serve as the President of the Estuary at Grey Oaks Property Owners Association, Inc. ("EGOPOA") and also served as President of EGOPOA back in May of 2017 and at all relevant times. 2. I make all statements contained in this Affidavit related to EGOPOA based upon my personal knowledge. 3. This Affidavit is made upon the basis of personal knowledge, and I am of sound mind and body, over the age of 18,and understand the obligation of an oath. 4. Jim Butler served as the General Manager of Grey Oaks Country Club ("GOCC") for over seventeen years. For Jim Butler's first fifteen years, GOCC was owned by the developer of Grey Oaks, Halstatt Partnership. During the transition of GOCC ownership from Halstatt Partnership to the members, Jim Butler was asked to continue to serve as the General Manager of GOCC. 5. Jim Butler gave notice in May of 2017 of his intent to resign his position as General Manager at GOCC. 6. It has recently come to my attention that Jim Butler provided a no objection email, dated July 12, 2017 and attached hereto as Exhibit "A", allegedly on behalf of EGOPOA ("No Objection Email"), which No Objection Email was sent by Jim Butler prior to the filing of PL20170001548 (the "Grey Oaks MPUD Amendment Petition") and DOA -PL20170001729 ("Grey Oaks DRI Development Order Amendment Petition") filed by Albert O'Donnell with O'Donnell Landscapes, Inc (the "Applicant") (the "Grey Oaks MPUD Amendment Petition" and the "Grey Oaks DRI Development Order Amendment Petition" are collectively hereinafter referred to as the"Applications"). 7. Jim Butler had no authority whatsoever to provide the No Objection Email on behalf of EGOPOA. 8. I never discussed or spoke with Jim Butler about the No Objection Email or the July 6, 2017 email request to Jim Butler from Wayne Arnold for a letter of no objection to relocate two previously approved access points to Livingston Road. Further, neither I, nor the EGOPOA and its Board authorized Jim Butler to issue the No Objection Email. 9. If Jim Butter had disclosed the July 6, 2017 email request from Wayne Arnold to me, the request would have been taken to the entire Board of EGOPOA for proper discussion and consideration at a noticed Board meeting. No EGOPOA Board vote or discussion ever occurred with respect to the No Objection Email or the July 6, 2017 email request from Wayne Arnold. 10. The No Objection Email is invalid, as President of the EGOPOA, I have not and do not approve the issuance of the No Objection Email, and the EGOPOA has never approved or authorized the issuance of the No Objection Email. 11. Additionally, EGOPOA has never approved the Applications. 2 1 FURTHER THIS AFFIANT SAYETH NAUGHT . 7____. ... --John McCluichy f11 SWORN TO under oath and subscribed before me his /0 day of December, 2018, by John McClutchy, as President of the Estuary at Grey Oaks Property Owner's Association, Inc., who. ) is personally known to me, or ( ) has produced as identification. ii '\�,��1{INI}}l/00a. " / ` wANO I'�ii�� 4O VARY PUBLIC 63 v4.2s.20,A,. % � /t )Name: � 7 ��} . ' :*? (Type or Print) / -A, 1. •• = My Commission Expires: 0(0 'off-9. c D c r.Z • #GG078384 ..: �q�.Jp4/6rcUiNae ' % f 8i1i S A.1°� \\\\\ }}} 3 • Sharon Umpenhour From: Jim Butler <JButler@greyoakscc.com> Sent: Wednesday,July 12,2017 12:28 PM To: Wayne Arnold Cr: Rafael Silva;John English (JEnglish@barroncollier.com);Jeannie Manos Subject: FW:Grey Oaks Access for O'Donnell Nursery Attach.rnent& JimButler 06-2017LPDF;Access Relocation Exhibit.pdf Wayne, Grey Oaks has no objection to this proposal. Both the Country Club and the Property Owner's Chairmen,and o myself,the General Manager has appreNed. Please let this email serve as official notice if possible. r' o Thanks Jim lin artier General-Manager 0 co 2400 Grey Oaks Drive North Naples,FL 34105 (239)262-5560(Club) .1.. (239)262-3593(Fax) ti JButiereGrevOak3CC.cam ,_ wwwGrevOaksCC.com O cit cV Note: if you have rem this communication in error please delete all copies of the original message and altacknents. e From:Jim Butler Sent:Tuesday,July 11, 2017 1:03 PM To:Jim Butler Subject: FW: Grey Oaks Access for O'Donnell Nursery m Sic attfer General-Wangler 2400 Grey Oaks Drive North Naples,FL 34105 (239)262-5550(Club) is (239)262-3593(Fax) Email:JButierfc GrevOaksCC.corn www GrevOaksCC:com Note: if you have received this communication in error please delete all copies of the anginal message and attachments. From: Wayne Arnold Emailto:WAmoldgiadvminor:com] Sent:Thursday,July 06, 2017 8:27 AM To:Jim Butler 1 Exhibit "A" Cc: 'John English';Sharon Umpenhour Subject:Grey Oaks Access for O'Donnell Nursery Hello Jim, 1 am assisting Al O'Donnell with his landscape nursery improvements within the fP&L easement adjacent to Livingston Road. Al is trying to obtain dedicated access for his nursery operations from Livingston Road. We are proposing to amend the Grey Oaks PUD and DRI master plans to eliminate two previously approved but unused access points and add the two proposed access points on Livingston Road. We would appreciate it if you could review the attached information and provide us with a letter of no objection. If you have any questions,please feel free to contact John English or me. Thank you, Wayne Ln D.Wayne Arnold,AICP c Planning Director N D. 3800 Via Del Rey Bonita Springs,FL 34134 a Phone-239.947.1144 Fax-239.947.0375 0 Web-bil:2://www.gradyminor.com m C, DISCLAIMER:This communication from Q.Grady Minor&Associates,P.A.,along with any attachments or electronic data is intended only for the addressees}named above and may ce) contain information that is confidential,legally privileged or otherwise exempt from disclosure. The recipient agrees and accepts the following conditions The electronic frleidata is for A in ormati tiq purposes only and is the responsibility of the recipient to reconcile this electronic tile/data with the approved and certified"plan of record"along with actual project sitec ~ Grady Minor&Assrvimee,P.A.reserves the right to revise,update and improve its electronically stored data without notice and assumes no responsibility due to a virus or r•- damages caused by receiving this email. O N N 0 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not sena electronic mail to this entity.Instead,contact this office by telephone or in writing. O C. C. N E 2 AFFIDAVIT OF JOHN LYNGAAS STA l'E OF ,()1� / ) ss: nvibER.COUNTY OF ) BEFORE ME, the undersigned authority duly authorized in the State of Florida, County of Collier to take acknowledgments and administer oaths, personally appeared John Lyngaas, who, after being duly sworn on oath, according to law, deposes and says as follows: 1. My name is John Lyngaas, I reside at 2366 Alexander Palm Drive, Naples, FL 34105, and I serve as the Chairman of the Board of Grey Oaks Country Club ("GOCC") and also served as Chairman of the Board of GOCC back in May of 2017 and at all relevant times. 2. I make all statements contained in this Affidavit related to GOCC based upon my personal knowledge. 3. This Affidavit is made upon the basis of personal knowledge, and I am of sound mind and body,over the age of 18,and understand the obligation of an oath. 4. Jim Butler served as the General Manager of GOCC for over seventeen years. For Jim Butler's first fifteen years, GOCC was owned by the developer of Grey Oaks, Halstatt Partnership. During the transition of GOCC ownership from Halstatt Partnership to the members,Jim Butler was asked to continue to serve as the General Manager of GOCC. 5. Jim Butler gave notice in May of 2017 of his intent to resign his position as General Manager at GOCC. 6. It has recently come to my attention that Jim Butler provided a no objection email, dated July 12, 2017 and attached hereto as Exhibit "A", allegedly on behalf of GOCC ("No Objection Email"), which No Objection Email was sent by Jim Butler prior to the filing of PL20170001548 (the "Grey Oaks MPUD Amendment Petition") and DOA -PL20170001729 ("Grey Oaks DRI Development Order Amendment Petition") filed by Albert O'Donnell with O'Donnell Landscapes, Inc (the "Applicant") (the "Grey Oaks MPUD Amendment Petition" and the "Grey Oaks DRI Development Order Amendment Petition" are collectively hereinafter referred to as the"Applications"). 7. Jim Butler had no authority whatsoever to provide the No Objection Email on behalf of GOCC. 8. I never discussed or spoke with Jim Butler about the No Objection Email or the July 6, 2017 email request to Jim Butler from Wayne Arnold for a letter of no objection to relocate two previously approved access points to Livingston Road. Further, neither I, nor the GOCC and its Board authorized Jim Butler to issue the No Objection Email. 9. If Jim Butter had disclosed the July 6, 2017 email request from Wayne Arnold to me, the request would have been taken to the entire Board of GOCC for proper discussion and consideration at a noticed Board meeting. No GOCC Board vote or discussion ever occurred with respect to the No Objection Email or the July 6, 2017 email request from Wayne Arnold. 10. The No Objection Email is invalid, as Chairman of the GOCC, I have not and do not approve the issuance of the No Objection Email, and the GOCC has never approved or authorized the issuance of the No Objection Email. FURTHER THIS AFFIANT SAYETH NAUGHT. John gags [NOTARY BLOCK TO FOLLOW ON NEXT PAGE] SWORN TO under oath and subscribed before me this day of Despmber, 2018, by John Lyngaas, as Chairman of the Board of Grey Oaks Country Club, who (' is personally known to me, or( )has produced 'iderfi tio9, /1 (SEAL) OTARY PUBLIC Name: Z.Ok./ 6 cwo L --1 (Type or Print) I.OR{G.SGFIOtL tc�4-V MYcol COMMON t 245530 My Commission Expires:"4V`*(2'62-. ;• VOWS: 5.2022 -"to �,'��Bonded Ito NOWT PnblicUndenrllete 2 Sharon Umper hour From: Jim Butler<JButler@greyoakscc.com> Sent: Wednesday,July 12,2017 12:28 PM To: Wayne Arnold Cc: Rafael Silva;John English (JEnglish@barroncollier.com);Jeannie Manos Subject: FW:Grey Oaks Access for O'Donnell Nursery Attachments: JimButler 06-2017LPDF;Access Relocation Exhibit.pdf Wayne, Grey Oaks has no objection to this proposal. Both the Country Club and the Property Owner's Chainmen,and g rmyself,the General Manager has approved. Please let this email serve as official notice if possible. Thanks Jim G linthutfer Q C1ra[ tanr E'3 2400 Grey Oaks Drive North fl Naples,FL 34105 (239)262-5550(Club) (239)262-3593(Fax) Email:.JButteraGrevOalcsCC.com www:GrevOakkCC.cwn N cit Note: If you have received this commnicaoon in error please delete at copies of the original message and attaelenents. o From:Jim Butler0. Sent:Tuesday,July 11, 2017 1:03 PM To:Jim Butler o Subject: FW: Grey Oaks Access for O'Donnell Nursery • lit Tatter E 1= CenerafWanager z ,itfota."Pak_2400 Grey Oaks Drive North Naples,FL 34105 (239)262-5550(Club) (239)262-3593(Fax) Email:JButier0GGrevOaksCC.com www.GrevOaksCC.com Note: if you have received this communication in error please delete all copies of the ofiginal message and tents. From: Wayne Arnold[mailto:WArnolcOgradvminor.com] Sent:Thursday,July 06,2017 8:27 AM To:Jim Butler 1 Exhibit "A" AFFIDAVIT OF RICK BOBROW STATE OF ;/i/ ,g _— ) ss: COUNTY OF �G'/1�G ) BEFORE ME, the undersigned authority duly authorized in the State of Florida, County of Collier to take acknowledgments and administer oaths, personally appeared Rick Bobrow, who, after being duly sworn on oath, according to law, deposes and says as follows: 1. My name is Rick Bobrow, I reside at 26.40 Grey Oaks Drive N., #29, Naples, FL 34105, and I serve as the Treasurer and am the incoming Chairman of the Board of Grey Oaks Country Club ("GOCC") and also served as Treasurer of the Board of GOCC back in May of 2017 and at all relevant times. 2. I make all statements contained in this Affidavit related to GOCC based upon my personal knowledge. 3. This Affidavit is made upon the basis of personal knowledge, and 1 am of sound mind and body, over the age of 18, and understand the obligation of an oath. 4. Jim Butler served as the General Manager of GOCC for over seventeen years. For Jim Butler's first fifteen years, GOCC was owned by the developer of Grey Oaks, Halstatt Partnership. During the transition of GOCC ownership from Halstatt Partnership to the members, Jim Butler was asked to continue to serve as the General Manager of GOCC. 5. Jim Butler gave notice in May of 2017 of his intent to resign his position as General Manager at GOCC. 6. It has recently come to my attention that Jim Butler provided a no objection email, dated July 12, 2017 and attached hereto as Exhibit "A", allegedly on behalf of GOCC ("No Objection Email"), which No Objection Email was sent by Jim Butler prior to the filing of PL20170001548 (the "Grey Oaks MPUD Amendment Petition") and DOA -PL20170001729 ("Grey Oaks DRI Development Order Amendment Petition") filed by Albert O'Donnell with O'Donnell Landscapes, Inc (the "Applicant") (the "Grey Oaks MPUD Amendment Petition" and the "Grey Oaks DRI Development Order Amendment Petition" are collectively hereinafter referred to as the"Applications"). 7. Jim Butler had no authority whatsoever to provide the No Objection Email on behalf of GOCC. 8. I never discussed or spoke with Jim Butler about the No Objection Email or the July 6, 2017 email request to Jim Butler from Wayne Arnold for a letter of no objection to relocate two previously approved access points to Livingston Road. Further, neither I, nor the GOCC and its Board authorized Jim Butler to issue the No Objection Email. 9. If Jim Butter had disclosed the July 6, 2017 email request from Wayne Arnold to me, the request would have been taken to the entire Board of GOCC for proper discussion and consideration at a noticed Board meeting. No GOCC Board vote or discussion ever occurred with respect to the No Objection Email or the July 6, 2017 email request from Wayne Arnold. 10. The No Objection Email is invalid, as Treasurer and incoming Chairman of the Board of the GOCC, I have not and do not approve the issuance of the No Objection Email, and the GOCC has never approved or authorized the issuance of the No Objection Email. 11. Additionally, GOCC has never approved the Applications. FURTHER THIS AFFIANT SAYETH NAUGH i ck B obrow Y�-__ —_- 2 [NOTARY BLOCK TO FOLLOW ON NEXT PAGE] Cik SWORN TO under oath and subscribed before me this 1_ _ day of Decenter, 2018, by Rickow, as Treasurer and incoming Chairman of the Board of Grey Oaks Country Club, who (4 is personally known to me, or ( ) has produced. as identification5-c,(6/ /1 G� (SEAL) NOTARY PU LIc i «::Yt ", LORI G.SCHOLL Name: L xi j C//✓Z :, MY COMMISSION#GG 245530 (Type or Print) — rte '=k-,k: XPIRES:A t5,2022 My Commission Expires: f�' _ _v2v2 "4:fr f; ea,a«In,re Pubic Undenvdters 3 Sharon Umpenhour From: Jim Butler <JButler@greyoakscc.com> Sent: Wednesday,July 12,2017 12:28 PM To: Wayne Arnold Cc Rafael Silva;John English (JEnglish@barroncollier.com);Jeannie Manos Subject: FW:Grey Oaks Access for O'Donnell Nursery Attachments: JimButler 06-2017LPDF;Access Relocation Exhibit.pdf m Wayne, in Grey Oaks has no objection to this proposal. Both the Country Club and the Property Owner's Chairmen,and o myself,the General Manager has approved. Please let this email serve as official notice if possible. ti Thanks a Jim a General Manaipr o fa& 2400 Grey Oaks Drive North Naples,FL 34105 (239)262-5550(Club) (239)262-3593(fax) ti Email:JButleeCa GrevOaksCC.com www.G,evOaksCC.com C� N r Note: if you have toceived this communication in error please delete ail copies of the original message and attachments. From:Jim Butler Sent:Tuesday,July 11, 2017 1:03 PM To:Jim Butler c Subject: FW: Grey Oaks Access for O'Donnell Nursery Jan Butter General-Manager 4 m 2400 Grey Oaks Drive North 1=. Naples,FL 34105 (239)262-5550(Club) (239)262-3593(Fax) Email:JButierc©GrevOaksCC.com www.GrevOaksCCcn Note: if you have received this communication in error please delete ad copies of the offal message and attachrfterds. From: Wayne Arnold [mailto:WArnoldLalgradvminor.com] Sent:Thursday,July 06, 2017 8:27 AM To:Jim Butler 1 Exhibit "A" . Cc: "John English'; Sharon Umpenhour Subject: Grey Oaks Access for O'Donnell Nursery Hello Jim, I am assisting Al O'Donnell with his landscape nursery improvements within the FP&&L easement adjacent to Livingston Road. Al is trying to obtain dedicated access for his nursery operations from Livingston Road. We are proposing to amend the Grey Oaks PUD and DRI master plans to eliminate two previously approved but unused access points and add the two proposed access points on Livingston Road. We would appreciate it if you could review the attached information and provide us with a letter of no objection. If you have any questions,please feel free to contact John English or me. Thank you, Wayne OD in D.Wayne Arnold,AICP o Planning Director1111., a N 3800 Via Del Rey Bonita Springs,FL 34134 a Phone 239.947.1144 Fax-239.947.0375 0 Web-http://www.gradyminor.com >• 0 DISCLAIMER:This communication from Q.Grady Minor&Associates,P.A.,along with any attachments or electronic data is intended only for the addressee(s)named above and may contain information that is confidential,legally privileged or otherwise exempt from disclosure. The recipient agrees and accepts the following conclitionx The electronic fileldata is for informational purposes only and is the responsibility of the recipient to reconcile this electronic fie/data with the approved and certified"plan of record"along with actual ptaject site conditions.Q.Grady Minor&Associates,P.A.reserves the right to revise,update and improve its electronically stored data without notice and assumes no responsibility due to a virus damages caused by receiving this email. or ti f•- Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. O fs. COC. • L J J _ fs a E 2 ATTORNEY AFFIDAVIT The undersigned, after being duly sworn on his oath, swears and affirms as follows: 1. My name is Stephen E. Thompson. I am over the age of twenty-one (21) years, am otherwise sui juris, and have personal knowledge of the facts contained herein. 2. I am a licensed attorney, Florida Bar Number 442460, authorized to practice law and am practicing law in the State of Florida. My business address and business mailing address is Thompson Lewis Law Firm, PLLC, 850 Park Shore Drive, Suite 201-A, Naples, Florida 34103. My business telephone number is 239-316-3006. 3. I have practiced law in Florida for over thirty-two (32) years, and I am Board Certified by The Florida Bar in real estate, condominium and planned development law, and during my career have reviewed, drafted and otherwise analyzed several hundred declarations of easements,covenants and restrictions in counties and other municipalities across Florida. 4. In connection with both PL20170001548 (the "Grey Oaks MPUD Amendment Petition") and DOA-PL20170001729 ("Grey Oaks DRI Development Order Amendment Petition"), I am familiar with and have carefully reviewed the applications (the "Grey Oaks MPUD Amendment Petition" and the "Grey Oaks DRI Development Order Amendment Petition" are collectively hereinafter referred to as the "Applications") filed by Albert O'Donnell with O'Donnell Landscapes, Inc. (the "Applicant"), including the real property descriptions contained in the Applications. 5. I have reviewed the Title Search Report prepared by Attorneys Title Fund Services, Inc., bearing Fund File Number 668935, dated December 6, 2018, with "effective date of search" being November 28, 2018 ("Title Report") for that certain real property described on Exhibit "A" attached hereto and made a part hereof ("O'Donnell FP&L Easement Property"), which O'Donnell FP&L Easement Property appears to be one and the same property described in the Applications as being owned by the Applicant. A copy of the Title Report is attached hereto as Exhibit"B". 6. Based on my review of documents listed in the Title Report, current record title to the O'Donnell FP&L Easement Property is held by O'Donnell Landscapes, Inc., a Florida corporation, as evidenced by that certain Warranty Deed, dated May 16, 2016, and recorded May 17, 2016, at Official Records Book 5273, Page 3586, of the Public Records of Collier County, Florida ("O'Donnell Deed"), subject to various easements, declarations, and other documents of record,which O'Donnell Deed is attached hereto as Exhibit"C". 7. I have reviewed an Agreement Regarding Turnover, entered into as of October 1, 2014 ("Turnover Agreement"), by and among Halstatt, LLC, a Delaware limited liability company ("Halstatt"), Grey Oaks Country Club, Inc., a Florida business corporation (the "Club"), and Grey Oaks Country Club, Ltd., a Florida limited partnership (the "GOCC Partnership"). At page 2, paragraph 3 of the Turnover Agreement states that the "...Final Turnover Date is October 1, 2014...". 8. The Title Report evidences that on the date of the recording of the O'Donnell Deed, a certain ostensible Amendment to the Master Declaration was recorded by Halstatt at the same minute as the O'Donnell Deed in Official Records Book 5273, Page 3579, of the Public Records of Collier County, Florida ("O'Donnell Master Declaration Amendment") just a few pages prior to the recording of the O'Donnell Deed'. The O'Donnell Master Declaration Amendment among other things: (a) attaches as Exhibit"A"thereto the same legal description as is used to describe the O'Donnell FP&L Easement Property in the O'Donnell Deed, and (b) recites that"...pursuant to Section 12.07 of the Master Declaration, Halstatt, as Declarant, hereby unilaterally amends the Master Declaration to remove the Halstatt Property from the Master Declaration." 9. Said Section 12.07 of the Master Declaration states: "12.07 Withdrawal of Property. Any property that is submitted to this Declaration pursuant to Article III may be withdrawn therefrom by the Declarant ... during the time it owns such property, provided that the right of such withdrawal shall not extend to any Plots within a Neighborhood in which any other Plots are then owned by members except with the consent of all Owners within such Neighborhood." The O'Donnell Master Declaration Amendment cites said Section 12.07 as authority for its purported withdrawal of the O'Donnell FP&L Easement Property from being subjected to the Master Declaration, ignoring Section 12.05.D. that mandated: "D. Notwithstanding anything to the contrary herein contained, no amendment to this Declaration shall be effective which shall impair or prejudice the rights or priorities of ... the Country Club Owner, or the Other Clubs Owner, under this Declaration or any other of the Governing Documents without the specific written approval of such ... Country Club Owner, or Other Clubs Owner affected thereby." [Italics added for emphasis] The O'Donnell Master Declaration Amendment was not signed by any Country Club Owner or Other Clubs Owner. Inherently, the purported O'Donnell Master Declaration Amendment impairs or prejudices the rights and/or priorities of the Grey Oaks Country Club and the Grey Oaks community associations as evidenced the attempt by the Applicant to file the Applications. 1 Halstaat also recorded a certain "Restrictive Covenant" dated May 16, 2016, recorded May 17, 2016, in Official Records Book 5273, Page 3582, of the Public Records of Collier County, Florida (copy attached as Exhibit "G". This does not bind the Applicant or his successors in title to any commitments made under the Grey Oaks PUD. if Accordingly, it was ineffective in attempting to withdraw the O'Donnell FP&L Easement Property from the Master Declaration. 10. Accordingly, based on my review of documents listed in the Title Report, the O'Donnell FP&L Easement Property is still subject to that certain Declaration of Master Covenants, Conditions and Restrictions for Grey Oaks, dated March 11, 1992, and recorded March 19, 1992, in Official Records Book 1697, Page 1167, and re-recorded August 3, 1992, at Official Records Book 1740, Page 1760, both of the Public Records of Collier County, Florida ("Master Declaration"), which Master Declaration is attached hereto as Exhibit "D" and which has been amended in other respects from time to timet. 11. Section 9.02 of the Master Declaration provides as follows: "9.02 Use Restrictions. Generally, the properties may be used only for those purposes as provided in the PUD. The PUD contains provisions which allow flexibility in assigning and reassigning various land uses to the real property within Grey Oaks. The Declarant has the sole right to assign and reassign those land uses and to make modifications or amendments to the PUD and any other governmental plans, land development regulations, development orders and development permits applicable to Grey Oaks, subject to any required approval of the appropriate governmental entity. " [Italics and underline added for emphasis] Consequently, since the Applicant is not the Declarant under the Master Declaration, the Declarant did not sign both the Grey Oaks MPUD Amendment Petition and the Grey Oaks DRI Development Order Amendment Petition, and the Applicant has no right whatsoever to attempt to make application for and file either the Grey Oaks MPUD Amendment Petition or the Grey Oaks DRI Development Order Amendment Petition to relocate any access point entry or exit within the property subject to the Grey Oaks DRI. 12. Based on my review of documents listed in the Title Report, the O'Donnell FP&L Easement Property is additionally subject to that certain Declaration of Covenants, Conditions and Restrictions for Isle Toscano recorded February 22, 2000, in Official Records Book 2643, Page 1800, as re-recorded and amended to add a legal description in Official Records Book 2828, Page 0189, Official Records Book 4329, Page 2360, and as further amended in Official Records Book 5572, Page 103, Public Records of Collier County, Florida (collectively "Isle Toscano Declaration") a copy of which is attached as Exhibit"E". 13. The Isle Toscano Declaration includes as its Exhibit "A" legal description all of Grey Oaks Unit 14, recorded in Plat Book 33, Pages 59 through 64, inclusive, of the Public Records of Collier County, Florida. A copy of said plat is attached as Exhibit"F". 14. The Grey Oaks Unit 14 Plat includes the south 2,110.81 feet of the O'Donnell 2 One such amendment was recorded by The Grey Oaks Property Owners Association, Inc., entitled "Certificate of Amendments to Governing Documents" on March 3, 2017, at Official Records Book 5373,Page 105, of the Collier County Public Records. FP&L Easement Property, labelling it as Tract"E"thereon. 15. Section 2.11 of the Isle Toscano Declaration defines "Lot" as "...that portion of land in the recorded plat of the Neighborhood or....designated by the Declarant to contain a Dwelling Unit, with the exception of the Neighborhood Common Properties." 16. Section 2.11 of the Isle Toscano Declaration defines "Neighborhood Common Properties" as meaning: "...those areas of land that have not been designated as a Lot, as defined herein, as well as any additional parcels of land the Declarant may from time to time designate as Neighborhood Common Properties." 17. Said Tract"E" as platted on the Grey Oaks Unit 14 Plat is not platted as a Lot, and there is no record in the Title Report of any recorded document evidencing any designation of said Tract "E" as to contain a dwelling unit of any kind. Consequently, it follows that said Tract "E" is part of the Neighborhood Common Properties under the Isle Toscano Declaration. 18. Tract"E" as part of the Neighborhood Common Properties under the Isle Toscano Declaration is subject to easements of enjoyment in favor of the members (and others) of the Isle Toscano Neighborhood Association, and also the owners and members of the Grey Oaks Country Club, pursuant to Sections 5.01 and 5.02, respectively, of said Isle Toscano Declaration. 19. Title to Tract "E", as part of the Neighborhood Common Properties under the Isle Toscano Declaration pursuant to Section 5.04 thereof, is required to be conveyed to the Isle Toscano Neighborhood Association, and Halstatt violated its obligation to so convey title when it granted title to the O'Donnell FP&L Easement Property in the O'Donnell Deed to the Applicant. 20. In conclusion, for all of the reasons stated above, the Applicant does not have the right or authority to make application for and file the Grey Oaks MPUD Amendment Petition nor the Grey Oaks MPUD Amendment Petition to relocate access point entry or exit within the property subject to the Grey Oaks PUD. [REMAINDER OF PAGE LEFT BLANK INTENTIONALLY] FURTHER AFFIANT SAYETH NOT. rep en E. Thompson STATE OF FLORIDA ) )ss: COUNTY OF COLLIER ) The foregoing instrument was sworn to and acknowledged before me this /0 day of December, 2018, by Stephen E. Thompson, on behalf of Thompson Lewis Law Firm, PLLC, who 0 is personally known to me or( )has produced as identification. i i 4 (SEAL) N O TARY PUBLIC ''aye. KATHLEEN R.SINGER Mame: KATHLEEN R. SINGER ?..11%.wII • : MY COMMISSION Y FF 241001 (Type or Print) °" . EXPIRES:September 25,2019 ;q'„4"`• Bonded mm Notacy Public Underwriters My Commission Expires: Legal Description of O'Donnell FP&L Easement Property The following described land, situate, lying and being in Collier County,Florida,to-wit: That part of Tract"E", according to the plat of Grey Oaks Unit Three, Plat Book 20, pages 30-37, of the public records of Collier County, Florida, and all of Tract"E", according to the plat of Grey Oaks Unit Fourteen, Plat Book 33, pages 59-64, of the public records of Collier County, Florida, being more particularly described as follows; BEGINNING at the Southeast corner of said Tract"E", Grey Oaks Unit Fourteen; Thence along the boundary of said Tract"E", in the following three(3)described courses: 1.North 89°41'57"West 390.00 feet; 2.North 00°31'16"East 2,063.03 feet; 3. North 00°38'02"East 48.23 feet to the southwest corner of said Tract"E", Grey Oaks Unit Three; Thence along the west boundary of said Tract"E",North 00°38'02"East 1,442.72 feet; Thence leaving said boundary South 89°21'58"East 220.00 feet; Thence North 00°38'02" East 430.50 feet to the south line of Tract"R", Grey Oaks Drive, according to the plat of Grey Oaks Unit Eighteen, Plat Book 47, pages 1-4, of the public records of Collier County, Florida; Thence along said boundary 123.02 feet along the arc of a non-tangential circular curve concave south having a radius of 253.00 feet through a central angle of 27°51'32"and being subtended by a chord which bears North 67°51'33"East 121.81 feet to a point of compound curve; Thence continue along said boundary 86.26 feet along the arc of a circular curve concave southwest having a radius of 50.00 feet through a central angle of 98°50'43"and being subtended by a chord which bears South 48°47'20"East 75.95 feet to a point on the west line of Livingston Road as recorded in Official Records Book 2749, pages 697-701, of the public records of Collier County,Florida; Thence along said west line South 00°38'02" West 1,869.16 feet to the south line of said Tract"E", Grey Oaks Unit Three; Thence along said south line of said Tract"E",North 89°37'55" West 0.10 feet to the northeast corner of said Tract"E", Grey Oaks Unit Fourteen; Thence along the east line of said Tract"E", South 00°31'16"West 2,110.81 feet to the POINT OF BEGINNING. EXHIBIT "A" TITLE SEARCH REPORT Fund File Number: 668935 The information contained in this title search is being furnished by Attorneys'Title Fund Services, LLC. If this report is to be used by a title insurance agent for evaluation and determination of insurability by the agent prior to the issuance of title insurance, then the agent shall have liability for such work. Provided For: Thompson Lewis Law Firm, P.L.L.C. Agent's File Reference: Grey Oaks CC After an examination of this search the Agent must: A. Evaluate all instruments,plats and documents contained in the report. B. Include in the Commitment under Schedule B, any additional requirements and/or exceptions you find necessary from your analysis of the surveys,prior title evidence or other relevant information from the transaction. C. Verify the status of corporations and limited partnerships and other business entities with the appropriate governmental agency or other authority. D. Determine whether the property has legal access. E. Determine if any unpaid municipal taxes or assessments exist, which are not recorded in the Official Records Books of the county. F. Determine whether any portion of the property is submerged or artificially filled, if the property borders a body of water, and if riparian or littoral rights exist. G. The information provided herein does not include a search of federal liens and judgment liens filed with the Florida Department of State pursuant to Sec. 713.901, et seq., F.S., and Sec. 55.201, et seq., F.S., respectively, which designate the Florida Department of State as the place for filing federal liens and judgment liens against personal property. For insuring purposes: (a) Pursuant to Sec. 713.901, et seq., F.S., personal property includes, but is not limited to, mortgages, leaseholds, mortgages on leaseholds, interests in cooperative associations, vendees'interests, and options when those interests are held by a partnership, corporation, trust or decedent's estate; and (b) Pursuant to Sec. 55.201, et seq., F.S., personal property includes, but is not limited to, leaseholds, interests in cooperative associations, vendees' interests, and options regardless of the type of entity holding such interests, including individuals. (Note: Mortgages have been specifically excluded from the personal property interests in which a judgment lien may be acquired under the provisions of Sec. 55.201, et seq., F.S.) Prepared Date: December 6, 2018 Attorneys'Title Fund Services,LLC Prepared by: Teresa McConnell, Senior Examiner Phone Number: (800) 526-3855 x6807 Email Address: TMcConnell@TheFund.com EXHIBIT"B" Rev. 12/10 Page 1 of 6 TITLE SEARCH REPORT Fund File Number: 668935 Effective Date of approved base title information: March 30, 1989 Effective Date of Search: November 28,2018 at 11:00 PM Apparent Title Vested in: O'Donnell Landscapes, Inc., a Florida corportation Description of real property to be insured/foreclosed situated in Collier County, Florida. See Exhibit A Muniments of Title, including bankruptcy,foreclosure, quiet title,probate,guardianship and incompetency proceedings, if any, recorded in the Official Records Books of the county: 1. Special Warranty Deed from Harold S. Lynton,et al,to Halstatt Partnership, recorded March 30, 1989 in O.R. Book 1428, Page 1348, Public Records of Collier County, Florida. 2. Certificate of Conversion recorded in O.R. Book 4889, Page 543, Public Records of Collier County, Florida. 3. Warranty Deed from Halstatt, LLC, to O'Donnell Landscapes, Inc., recorded May 17, 2016 in O.R. Book 5273, Page 3586, Public Records of Collier County, Florida. Mortgages,Assignments and Modifications: 1. Mortgage to Capital Bank Corporation, mortgagee(s), recorded in O.R. Book 5273, Page 3589, Public Records of Collier County, Florida. Other Property Liens: 1. General or special taxes and assessments required to be paid for the year(s)2018. 2. Subject to all assessments levied by the Condominium/Homeowner Association. Restrictions/Easements: 1. Note: The subject property appears to border on a body of water. 2. Rights of the lessees under unrecorded leases. 3. All matters contained on the Plat of Grey Oaks Unit Three, as recorded in Plat Book 20, Page 30, Public Records of Collier County, Florida. 4. All matters contained on the Plat of Grey Oaks Unit Fourteen, as recorded in Plat Book 33, Page 59,along with Surveyor's Affidavit recorded in O.R. Book 5273, Page 3578, Public Records of Collier County, Florida. Rev. 12/10 Page 2 of 6 TITLE SEARCH REPORT Fund File Number: 668935 5. Easement in favor of Florida Power&Light Company, contained in instrument recorded March 3, 1964, in O.R. Book 163,Page 317, Public Records of Collier County, Florida. 6. Easement in favor of Florida Power&Light Company, contained in instrument recorded July 6, 1973, in O.R. Book 538,Page 964, Public Records of Collier County,Florida. 7. Easement in favor of Florida Power&Light Company,contained in instrument recorded January 26, 1976, in O.R. Book 640,Page 232, Public Records of Collier County, Florida. 8. Notice of Adoption of Development Order recorded in O.R.Book 1552,Page 1457, as modified in O.R. Book 1625,Page 1197, O.R. Book 1625, Page 1199, O.R. Book 2774,Page 1685 and O.R. Book 4322. Page 2286,Public Records of Collier County,Florida. 9. Contribution Agreement recorded in O.R. Book 1572,Page 840,O.R.Book 1572, Page 902, O.R. Book 2057,Page 2262,O.R.Book 2746, Page 841 and O.R. Book 3611, Page 3205, Public Records of Collier County, Florida. 10. Utility Facilities Warranty Deed recorded in O.R. Book 1621,Page 273 and O.R. Book 2301, Page 1376,and Utility Facility Quit Claim Deed recorded in O.R. Book 2407, Page 635 and O.R.Book 2407, Page 641,Public Records of Collier County, Florida. 11. Covenants,conditions and restrictions for Grey Oaks recorded March 19, 1992, in O.R. Book 1697,Page 1167,re-recorded in O.R. Book 1740,Page 1760,as supplemented and amended in O.R. Book 1749, Page 2066,O.R. Book 1807, Page 656,O.R.Book 1975, Page 41,O.R. Book 2056, Page 2220, O.R. Book 2327, Page 2039,O.R. Book 2453. Page 1852, O.R. Book 2522,Page 2788,O.R. Book 2591, Page 3243,O.R. Book 2592, Page 1091,O.R. Book 2615, Page 574,O.R. Book 2643, Page 1794,O.R.Book 5273, Page 3579,O.R. Book 5373, Page 105 and O.R. Book 5510,Page 680, Public Records of Collier County, Florida. 12. Covenants,conditions and restrictions for Isle Toscano recorded February 22,2000, in O.R. Book 2643, Page 1800, as amended in O.R. Book 2828, Page 189,O.R. Book 4329,Page 2360 and O.R. Book 5572, Page 103,Public Records of Collier County,Florida. 13. Right of Entry recorded in O.R. Book 3392,Page 670, Public Records of Collier County, Florida. 14. Agreement recorded in O.R.Book 3408, Page 1786,Public Records of Collier County, Florida. 15. Utility Easement recorded in O.R. Book 3408,Page 1801, as corrected in O.R. Book 4263, Page 4087,Public Records of Collier County, Florida. 16. Easement recorded in O.R. Book 3408,Page 1808, Public Records of Collier County, Florida. 17. Easement recorded in O.R. Book 3434,Page 2089, Public Records of Collier County, Florida. 18. Easement recorded in O.R. Book 3434.Page 2098, Public Records of Collier County, Florida. 19. Easement recorded in O.R. Book 5266,Page 111, Public Records of Collier County,Florida. 20. Restrictive Covenant recorded in O.R. Book 5273, Page 3582,Public Records of Collier County, Florida. 21. Agreement recorded in O.R.Book 5358, Page 1649, Public Records of Collier County, Florida. 22. Agreement recorded in O.R.Book 5437, Page 1297,Public Records of Collier County, Florida. Rev. 12/10 Page 3 of 6 TITLE SEARCH REPORT Fund File Number: 668935 Other Encumbrances: 1. Nothing Found REAL PROPERTY TAX INFORMATION ATTACHED Proposed Insured: A 20 year name search was not performed on the proposed insured. It is the agent's responsibility to obtain a name search if a loan policy to be issued based on this product is other than a 100%purchase money mortgage. STANDARD EXCEPTIONS Unless satisfactory evidence is presented to the agent eliminating the need for standard exceptions,the following should be made a part of any commitment or policy. 1. General or special taxes and assessments required to be paid in the year 2018 and subsequent years. 2. Rights or claims of parties in possession not shown by the public records. 3. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. 4. Easements or claims of easements not shown by the public records. 5. Any lien, or right to a lien,for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Any owner policy issued pursuant hereto will contain under Schedule B the following exception: Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands insured hereunder, including submerged,filled and artificially exposed lands, and lands accreted to such lands. 7. Federal liens and judgment liens, if any,filed with the Florida Department of State pursuant to Sec. 713.901, et seq., F.S., and Sec. 55.201, et seq., F.S., respectively, which designate the Florida Department of State as the place for filing federal liens and judgment liens against personal property. For insuring purposes: (a) Pursuant to Sec. 713.901, et seq., F.S., personal property includes, but is not limited to, mortgages, leaseholds, mortgages on leaseholds, interests in cooperative associations, vendees' interests, and options when those interests are held by a partnership, corporation, trust or decedent's estate; and Rev. 12/10 Page 4 of 6 TITLE SEARCH REPORT Fund File Number: 668935 (b) Pursuant to Sec. 55.201, et seq., F.S., personal property includes, but is not limited to, leaseholds, interests in cooperative associations, vendees'interests, and options regardless of the type of entity holding such interests, including individuals. (Note: Mortgages have been specifically excluded from the personal property interests in which a judgment lien may be acquired under the provisions of Sec. 55.201, et seq., F.S.) 8. Any lien provided by County Ordinance or by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority,for unpaid service charges for services by any water systems, sewer systems or gas systems serving the land described herein; and any lien for waste fees in favor of any county or municipality. The report does not cover bankruptcies or other matters filed in the Federal District Courts of Florida. In foreclosure proceedings, title should be examined between the effective date of this report and the recording of the lis pendens to assure that all necessary and proper parties are joined. Consideration should be given to joining as defendants any persons in possession, other than the record owner, and any parties, other than those named herein, known to the plaintiff or the plaintiffs attorney and having or claiming an interest in the property. Prior to issuance of any policy of title insurance underwritten by Old Republic National Title Insurance Company, the agent must obtain and evaluate a title search for the period between the effective date of this Title Search Report and the recording date(s) of the instrument(s) on which the policy is based If this product is not used for the purpose of issuing a policy, then the maximum liability for incorrect information is$1,000. Note: The Agent is responsible for obtaining underwriting approval on any commitment prepared from this product in the amount of$1,000,000.00 or more. Rev. 12/10 Page 5 of 6 TITLE SEARCH REPORT Exhibit A Fund File Number: 668935 Legal Description The following described land, situate, lying and being in Collier County, Florida,to-wit: That part of Tract"E", according to the plat of Grey Oaks Unit Three, Plat Book 20, pages 30-37, of the public records of Collier County, Florida, and all of Tract "E", according to the plat of Grey Oaks Unit Fourteen, Plat Book 33, pages 59-64, of the public records of Collier County, Florida, being more particularly described as follows; BEGINNING at the Southeast corner of said Tract"E", Grey Oaks Unit Fourteen; Thence along the boundary of said Tract"E", in the following three(3)described courses: 1.North 89°41'57"West 390.00 feet; 2.North 00°31'16"East 2,063.03 feet; 3. North 00°38'02" East 48.23 feet to the southwest corner of said Tract "E", Grey Oaks Unit Three; Thence along the west boundary of said Tract"E",North 00°38'02" East 1,442.72 feet; Thence leaving said boundary South 89°21'58" East 220.00 feet; Thence North 00°38'02" East 430.50 feet to the south line of Tract "R", Grey Oaks Drive, according to the plat of Grey Oaks Unit Eighteen, Plat Book 47, pages 1-4, of the public records of Collier County,Florida; Thence along said boundary 123.02 feet along the arc of a non-tangential circular curve concave south having a radius of 253.00 feet through a central angle of 27°51'32" and being subtended by a chord which bears North 67°51'33" East 121.81 feet to a point of compound curve; Thence continue along said boundary 86.26 feet along the arc of a circular curve concave southwest having a radius of 50.00 feet through a central angle of 98°50'43" and being subtended by a chord which bears South 48°47'20" East 75.95 feet to a point on the west line of Livingston Road as recorded in Official Records Book 2749, pages 697-701, of the public records of Collier County, Florida; Thence along said west line South 00°38'02" West 1,869.16 feet to the south line of said Tract"E", Grey Oaks Unit Three; Thence along said south line of said Tract "E", North 89°37'55" West 0.10 feet to the northeast corner of said Tract"E",Grey Oaks Unit Fourteen; Thence along the east line of said Tract"E", South 00°31'16" West 2,110.81 feet to the POINT OF BEGINNING. Rev. 12/10 Page 6 of 6 `INSTR :`266784 OR 5273 PG 3586 RECORDED 5/17/2016 1:21 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA Doc@.70 $2,450.00 REC $27.00 CONS $350,000.00 Prepared by and return to: Matthew L.Grabinski,Esq. Coleman,Yovanovich&Koester,P.A. Northern Trust Bank Building 4001 Tamiami Trail North,Suite 300 Naples,Florida 34103 239-435-3535 After recording return to: Collier Insurance Agency Attn:Brad Stockham 2600 Golden Gate Pkwy. Naples,FL 34105 239-403-6869 Consideration:$350,000.00 Documentary Stamps Tax Due Upon Recording:$2,450.00 WARRANTY DEED THIS INDENTURE, made this I Cu day ofy , 2016, by Halstatt, LLC, a Delaware limited liability company, successor by conversion'to Halstatt Partnership, a Florida general partnership, whose mailing address is: 2600 Golden Gate Parkway,Naples,Florida 34105("Grantor"),in favor of O'Donnell Landscapes, Inc., a Florida corporation, whose mailing address is: 4291 Williams Road,Estero,Florida 33928 ("Grantee"). Witnesseth, that said Grantor, for and in consideration of the sum of Ten and 00/100 Dollars ($10.00)and other good and valuable consideration to said Grantor in hand paid by said Grantee,the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said Grantee, and Grantee's successors and assigns forever, the following described land, situate, lying and being in Collier County, Florida,to-wit: See Exhibit"A",attached hereto and incorporated herein by reference. And the Grantor does hereby warrant the title to said land and will defend the same against lawful claims of all persons whomsoever. The property conveyed hereby does not constitute all nor substantially all of Grantor's assets. SUBJECT TO real estate taxes accruing subsequent to December 31, 2015; zoning,building code and other use restrictions imposed by governmental authority;outstanding oil,gas,and mineral interests of record, if any;and restrictions,reservations and easements of record. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. WARRANTY DEED PAGE 1 EXHIBIT"C" :a pr + t RETURN REQRECO*" tr'.1PORTER, WRIGHT ET AL I TO • 0i 69029 NAR 19 PN 3 51 IV 1697 jt t rBARRON COLLIER ` 0 1 1 61 COLLIER COUNTY RECORDED PAGE hewed by.dMora to: 0i'. BOOK 0 David L.took.Bsqie Y .V8S AsomWap.Vora/km •Ilaset.PA. WI Lipid Oak Data, Stile 300 0`• Nepka.PL MOO C:21 Q r — NEC - •- it DECLARATION OF MASTER COVENANTS, - F l� .. we CONDITIONS AND RESTRICTIONS v 4' PRM FORINT cavil 4 . IN03:0-6 GREY OAKS -< o . itif iso. TRIS DECLARATION is made this /b4[. day of 12444.A" 1992, by the HALSTATT PARTNERSHIP, hereinafter called "Declarant". ARTICLE I Es STATEMENT OF PURPOSE These are the "Master" Restrictive Covenants that will apply m c4i to Grey Oaks, a mixed use residential/commercial development g w planned by the Declarant to be located at the Northeast, Northwest c and Southeast corners of the intersection of Airport Road and v Golden Gate Parkway in Collier County, Florida. These restrictions p • are designed to preserve and enhance the property values and c. amenities within Grey Oaks and are intended to be supplemental to p -D any local government restrictions applicable to property subjected to this Declaration, such as Zoning Ordinances, the DRI Development • Order 90-3 and the Planned Unit Development document for Grey oaks v PO c attached as an exhibit to the DRI Development Order. ` 40 Although it is the Declarant's current intentions to develop 11 all of the Grey Oaks project as described in Development Order 90-3 t. rigand submit all of the property described in the PUD to these Q restrictions, the Declarant is not obligated to do so and only such -,i property that is specifically subjected to these restrictions by G -4 L this Declaration or by an amendment to this Declaration shall be p -P- "' by subject to these restrictions. `� o 1 d t Initially, only the property described in attached Exhibit "A" i.' is subject to these restrictions. 0.-0.8 d s ARTICLE II A DEFINITIONS h O G 2.01 "Articles" means the Articles of Incorporation of the '+•" Master Association. o 2.02 "Assessment" means those charges made by the Association ' o against a particular Owner and his Plot or Parcel in accordance -.4 • with this Master Declaration and secured by a lien against such m 42) \ o • x*. V, nom.1 wx3+i i,R�•.-R. �. ' �.: . ...yam -L.i _ _ - _ . • - ^T ys . +.s. 'tip• • * - ti. Asimr340.4..g... •...,...a...-:•.s.%.,.�: . ... - -..- • - rs }i ` ' .' ''. ,tk .x >EXHIBITND"-_ 140 66 q ': sit >Y. L-:4+.?.-3i-,f_ -.- - T 1 `'_ 6 9 7 0 0 1 1 6 8 8. Fut cowEN co. Nuttep ' OR BOOK PAGE [ 7X3 Plot or Parcel. The following meanings are given to the following types of assessments: A. "Regular Assessment" means the recurring periodic assessment for each Owner's share of the budgeted Common Expense. B. "Supplementary Assessment" means assessments in addition to the Regular Assessments necessary to pay Common Expenses, including, without limitation, amounts to cover nonrecurring items of Common Expense, or amounts necessary to supplement Regular Assessments in order to defray Common C) Expenses of the budget. 73 — Co C. "Special Assessment" means a charge against a p .e^ particular Owner and his Plot or Parcel, necessary to 7c o reimburse the Master Association for costs in bringing the Owner or his Plot or Parcel into compliance with the provisions of this Master Declaration, the Articles, By-Laws or Master Association Rules, or amounts advanced by the Master Association in accordance with this Master Declaration on behalf of an owner or his Plot or Parcel, or any other charge designated as a Special Assessment in this Master Declaration, the Articles or By-Laws. D. "Improvement Assessment" means a charge against an cs Owner and his Plot or Parcel representing the prorate share of a c O the cost to the Master Association for the installation or G7 y construction of any Capital Improvements to the Common fri Property, the cost of the acquisition of additional Common . Property, or the reconstruction of any portion or portions of the Common Property which the Master Association may from time to time authorize pursuant to the provisions of this Master Declaration. E. "Service Assessment" means a charge against a particular Owner and his Plot or Parcel for any service, material or combination thereof which may be obtained by the Master Association for the use and benefit of such Owner or his Plot or Parcel or an individual Neighborhood, but which can be accepted or not by the Owner of such Plots or Parcels or by the Owners within such Neighborhood, such as contracting in bulk for repairs, services, materials or maintenance. The , amount paid or incurred by the Master Association on behalf of such Owners accepting or subscribing to such material or service shall be a Service Assessment against such Owner and his Plot or Parcel, or against all Plots or Parcels within a Neighborhood in the event that a Neighborhood Association, in accordance with its Governing Documents, subscribes to such materials or services. The Owners) are deemed to agree to such Assessment by subscribf.ng, requesting or accepting such material or service. 0 -2- J % y «�.• v�l-�.s`Y.i:' fi.- Keay. • h x�- $ R . -rt..' _ M v `p "4L" ai, _ �f, ;- , p . h s• ars..4 i . -.._�.. _s .. s d ~ '' • Y ? » fi • Z .. .s: . _ _ .a'. '' . «i S. --.4,,..,'„4„. , .., '' _ ' _ :' '••:•t;,. .,;;off ) `�.' • v 1697 [101169 • PA*4 C N C*.IER CO OR BOOK PAGE RLE No' 2.03 " ssessaesgt I*0ex" means the factor assigned to each Plot or Parcel to establish the relative share of Common Expense to be borne by such Plot or Parcel through payment of Regular and Supplementary Assessments, or for paying Improvement Assessments. 2.04 "poar4" means the Board of Directors of the Master Association. 2.05 "Dv-Laws" means the By-Laws of the Master Association. O 2.06 "Commercial property" means all property which is not O -- Common Common Property, Neighborhood Common Property, or which is not used p a- for Institutional or Residential purposes. For purposes of this O Master Declaration, any property utilized for the purposes allowed c under the land use categories "C", "O/C", "C/H", "0", and "Town < Center" in the PUD, and the Country Club and Other Clubs (if any) , \ is considered Commercial Property. 2.07 "Common Expenses" means the actual and estimated cost of the following: A. The cost for maintaining, managing, operating, repairing and replacing Common Property and personal property o owned by the Master Association, including the cost for cD utilities, trash disposal, streetcleaning, insurance and a -- taxes. f.7 1° 15 m as B. Expenses for administration and management of the Master Association. \ C. Reasonable reserves as deemed appropriate by the Board. D. Unpaid regular, supplementary, special, improvement and service assessments. E. Any other cost designated herein as a Common Expense, or reasonably or necessarily incurred by the Master Association in connection with owning, operating, maintaining, managing or improving the Common Property or for the discharge of any obligations expressly or impliedly imposed on the Master Association by this Master Declaration, the Articles, By-Laws or rules. 2.08 "Common Property" means all property which is conveyed to the Master Association or for which use rights may be granted to the Master Association, whether by dedication on a plat, deed, lease, easement or license, together with all improvements thereon and equipment, facilities and rights associated therewith or related thereto. Common Property also includes any personal property acquired by the Master Association if such property is designated as Common Property. 41) -3- i qi+ •axx• i:$ k4." }ai�M•ai..c�'T. r•e c,.., ... . ,n_,o-�l :• r•.aw �-'r••+r.n _ . . . . .` ` 'te a` a 3 x ,• , •, - c =7 x 4 y __ _ • E .aFP +.+4- .-,�-1- __.• =1. •• :.11+•+.,r 'x.K"" • - •- .- -.Y ~r.;i•.., _ • 'Y'R-l• - # ,'r4'•.. .. _A' .. r 44.• . . . _.... . 1597 001170 OR BOOK PAGE tLLCO. itk ' ® 2.011 "Country Club" means the property and all Improvements thereon, developed for use by the country club meabers, and any other persons who are Listed under Section 5.03.c herein. The Country Club property includes, without limitation, clubhouses, tennis courts, pro shops, ancillary commercial establishments, cart barns. golf maintenance facilities, driving ranges, putting greens and golf courses. In no event shall any part of the Common Property be considered part of the Country Club or vice versa, except that easements, licenses or other use rights over portions of the Country Club, including, without limitation, lakes within p the golf course(s), may be granted, conveyed or dedicated to the 73 Association and the Association's easements, licenses or other use 03 — rights shall constitute Common Property, subject to the limitations CD imposed in such easements, licenses or other use rights. Except as .�s• provided in Section 5.05 and except as may be provided in any Pto easements over the Country Club property, no person, firm, partnership or corporation, other than the fee simple owner of the Country Club property, shall, by the recording of this Declaration, by the recording of any plat, or by any permissive use, expressed or implied, have an easement to use or enjoy the Country Club, nor shall any person or such entities acquire any other right, title or interest in or to said Country Club, it being intended that fee simple title and all other property rights in and to the Country Club, or other use of the Country Club by the residents of the Grey ca Oaks community will be entirely at the pleasure of the fee simple '0 o owner and such owner has no responsibility or obligation to provide ,. — 0 such use. rn 0 2.10 "peclarent" means the HALSTATT PARTNERSHIP, a Florida i C General Partnership, or the successors, assigns, nominees or \ designees of any or all of the rights of Declarant under this Master Declaration. Declarant includes any Mortgagee who acquires title to property within Grey Oaks by foreclosure or conveyance in lieu of foreclosure. 2.11 "Declaration" means this document entitled Declaration of Master Covenants, Conditions and Restrictions for Grey Oaks, including any amendments hereto and any supplemental master declarations filed hereunder. The term "Declaration" means the same as the term "Master Declaration". 2.12 "Dwelling Unit" means any Residential property within The Properties for which a certificate of occupancy has been issued by the appropriate governmental authority and which is intended for residential habitation including, without limitation, a detached single family home, an attached townhouse or patio dwelling, duplex or other multiplex dwelling, or any apartment type unit contained in any multi-unit, multi-story, residential building and regardless of whether any of the foregoing are subject to fee simple, cooperative, condominium, rental or other form of ownership or possession, excluding however, hotels located on Commercial Property. -4- -5`'`. n.+'. v4-1-Lsh4.---.a -'. . . -cidy, `. '=l..-;:....:-•-..-: _. 11,..X} ape'a..-. "n' r5',.•-,-e . , „�'�-cam.., .. ^' ' '♦ - ._ti 16 .71 001171 PAGE 8ne�oaFILE cmuea co.' OR BOOK _ ?85NUMBE� 2.13 "Governing Documents" means (i) in the case of the Association, this Declaration, any supplementary Declaration or amendment to this Declaration, and the Articles of Incorporation and By-Laws of the Association, and (ii) in the case of a Neighborhood Association, the Neighborhood Declaration, any supplementary Declaration or amendment to the Neighborhood Declaration, and the Articles and By-Laws of the Neighborhood Association. In the event of conflict or inconsistency between the Association and the Neighborhood Association Governing Documents, O the Association Governing Document shall control. One Governing 73 Document's lack of a provision with respect to a matter for which Co -- provision is made in another Governing Document shall not be C considered a conflict or inconsistency between such Governing CD o Documents. 2.14 "Grey Oaks" means all of the land generally depicted on the POD and any additional land specifically declared as part of Grey Oaks by Declarant. Land within Grey Oaks shall not become part of The Properties until and unless specifically made subject to this Declaration. 2.15 "Motel" means a facility offering transient lodging accommodations to the general public, including motels, inns and o similar establishments which may provide such additional incidental o services and facilities as retail shopping, meeting rooms and it.' -- 9 recreational facilities. The term "Hotel" includes the real C -i property upon which the Hotel is built. i'I as 2.16 "Xmgrovemeuts" means all structures or modifications of any kind, resulting from any alterations of the natural condition of property. 2.17 "Institutional Prqperty" means property which is not Commercial Property, Residential Property or Common Property and committed to uses including, but not limited to, churches, schools, libraries, museums, governmental facilities and nonprofit recreational facilities, provided, however, that the Country Club shall not be considered Institutional Property. 2.18 "Limited Members" means every person or an entity who is qualified for limited membership pursuant to Article IV of this Master Declaration. The term "Limited Member" does not include "Members". 2.19 "Master Association" means the Grey Oaks Property Owners Association, Inc., a Florida Not-For-Profit Corporation, its successors and assigns. The term "Master Association" means the same as the term "Association". -5- 44 a•a: -f�.r s • ¢: • _.itl.„„s. ,s'.6 +17 '-41 .':.• . .%+ -a�CSi' _ _ .• ' '1R .,4 "".' 5...•� K•..r .•- •j -- - - . - • �. .. .. ♦.. I .�a• -^•i-/ .i�'t• - V 5 ;. _' ,. ... _... ..o, •.- t 1. > • A-Nisi• - .ffl1.'�C.M.a i +v • L. .yttvia.-! Y'� y` . •- . ; .,. 1 697 00 1 1 72 AMON COLLO co OR BOOK PAGE fill NOW* Z g 3(f. c 1 2.20 "Master Development Plan" means the general development plan for Grey Oaks as the same now exists and as it may from time to time hereafter be amended. 2.21 "Mesbers" means every person or entity who is qualified for membership pursuant to Article IV of this Master Declaration. The term "Member" does not include "Limited Members". 2.22 "Neiahborhood" means any development of Residential Property or Commercial Property within The Properties which is designated as such by Declarant in a written instrument and which Q ' is within The Properties. -- 92 2.23 "Neighborhood Association" means any property owners p .p.• association, homeowners association, condominium association or Pc cm other such entity, their successors and assigns, responsible for administering a Neighborhood. 2.24 "Neighborhood Common Property" means all real property, including any Improvements thereon, owned, leased or the use of which has been granted to a Neighborhood or Neighborhood Association for the common use and enjoyment of the Owners in such Neighborhood. 2.25 "Neighborhood Covenants" means any and all covenants, cm conditions, restrictions and other provisions imposed by a recorded -0 n 0 instrument applicable to one or more specific Neighborhoods, but It - not to all Neighborhoods if there is more than one Neighborhood. nR m en 2.26 "Neighborhood Declaration"means the document containing the Neighborhood covenants. 2.27 "Other Clubs" means any property and all Improvements thereon, developed for use by the members of such clubs and under separate ownership from the Country Club, including, without limitation, clubhouses, tennis courts, other recreational facilities, pro shops and ancillary commercial establishments. Any club which is under separate ownership shall individually be considered an "Other Club". 2.28 "Owner" means the single or multiple owner of record of the fee simple title to any Plot or Parcel, but excluding those having such interest merely as a security for the performance of an obligation, and excluding the Declarant so long as the Declarant Membership continues. 2.29 "Parcel" means any part of The Properties other than Common Property, Neighborhood Common Property, Plots or Streets or other lands owned by or dedicated to a governmental unit or agency or public utility company. Any Parcel, or part thereof, which has been platted or submitted to condominium according to a recorded declaration of condominium shall, as to such portion or portions, -6- _.rte rs,...-,:- ,.^".4-s ` ter. .c - - - 4 S. aFC +eL w�/yr✓K.Rnpp..,O,bR•-,`fa'%s+r •.-.+ _ _ -. - - _ - - ._ . • • 't•, r� Y -max' - sy • --�. - Q. • y n 1 :.ice.:. • • 1691 0011736._..__.x ,_, OR BOOK PAGE 7g3 cease to be part of such Parcel and shall thereafter be deemed a plot or Plots in accordance with such plat or condominium declaration, as appropriate, and in accordance with this Declaration. 2.30 "plotu means a discreet lot or building parcel reflected on a recorded plat of lands forming a part of The Properties, or to a condominium unit within a condominium within The Properties, together with the undivided share of the common elements that are appurtenant to the condominium unit. The term "Plot" shall not 51 include any land that is Common Property or Neighborhood Common -- Property. co -v 2.31 'wa"" means Collier County Ordinance No. 90-3 as amended x o by Collier County Ordinance 90-5 and Collier County Resolution 90- 571, and the Resolution 90-6211 of the Naples City Council, establishing a planned unit development zoning classification for Grey Oaks, duly adopted by the Board of County Commissioners of Collier County, Florida, and the City Council of the City of Naples, Florida, as the same may from time to time be further amended. 2.32 "Representative Member" means those members of the o Boards of Directors of Neighborhood Associations, or other c designated representatives of Neighborhood Associations, who are a _ entitled to cast the votes of the Members and Limited Members at C7 ...4 CD meetings of the Master Association in accordance with Article IV, rri an hereof, and the By-Laws. I e, 2.33 "Resident" means the legal occupant of any Plot or Parcel. 2.34 "Residential" means the use or intended use of property as a Dwelling Unit. 2.35 "Residential Property" means all property which is intended for use or used for Residential purposes. Commercial Property shall not be considered Residential Property under any circumstances. 2.36 "Single Family Development" means all lots zoned or otherwise restricted for detached single family dwelling units and which are located within a distinct geographic area such as a cul- de-sac or series of cul-de-sacs located within one platted area. 2.37 "Street" means any street, highway or other thoroughfare constructed within The Properties dedicated to or owned by a governmental entity, the Association or a Neighborhood Association, whether the same is designated as a street, avenue, boulevard, drive, place, court, road, terrace, way, circle, land, walk or other similar designation. 0 -7- k'----- . (\ � ' v �S va �i'i tP;b• _ ':'-.,.Ve.6r%ed."im" is4 _ .yam ,'R - • .�n ,.......- 41. . m i. 16 9 j 0 0 1 1 7 4 ei coact co. • OR BOOK PAGE o 2.50 "Tbe Properties" means all real property which is subject to this Declaration. ARTICLE III THE PROPERTY 3.01 The Properties. The real property which is initially made subject to this Master Declaration is described on Exhibit "A", attached hereto and made a part hereof. CD 3.02 $dditioae to The Properties. Additional lands may be 'U subjected to this Master Declaration in the following manner: C CD 45' A. Declarant has the right, without further consent of ,c cD the Master Association or any Owner, to bring within the plan and operation of this Master Declaration all or any part of the property within Grey Oaks. Any additions under this Article shall be made by recording a Supplemental Master Declaration with respect to the additional property, which shall extend the operation and affect of the Declaration to such additional property. Such Supplemental Master Declaration must be executed by the Declarant and contain the joinder of the owner of such property, if the Declarant is not the owner. The Supplemental Master Declaration may contain o such additions to and/or modifications of the covenants -p e contained in this Declaration as may be determined by the -- 1111 ® Declarant, provided that such additions and/or modifications RI a� are not substantially inconsistent with this Declaration. cm B. Upon approval of the Master Association, pursuant to an affirmative vote of the holders of two-thirds of all votes entitled to be cast, the owner of such other property who • desires to add it to the plan of this Master Declaration and to subject it to the jurisdiction of the Master Association, may record a Supplemental Master Declaration with respect to the additional property, which shall extend the operation and • effect of this Master Declaration to such additional property. ARTICLE IV IIEIISERSUIP IN BASTER ASSOCIATION 4.01 Membership. The Owner of each Plot and each Parcel, except Commercial and Institutional Property, shall be a Member of the Master Association. The Declarant shall also be a Member for the purposes set forth herein. 4.02 /limited Membership. The Owner or Owners of Commercial and Institutional Property shall be Limited Members of the Master Association. When used in the lower case, the term "member" includes Members and Limited Members, unless used in a context that indicates a contrary intent. liD -S- rzt i .1.••••'-• yj4 •Is'4 yam . • • .SS.S„f �Y'� ,..f ` _ -m a_ -_ .� _ :.P. t-y.,_t. •'.,1 } -z.. - i 9P ,3Li`-`i. ?l( j•' '`M,': 'NVw' d� ' ' sr . ..' .. • _ . • $ 'x, --•••75".4114%,- ,..67..7? aM'. _ x ,•syn , � 'i Zs, t,R- - + -`-rte-s :i ;•? ??�, - �.z;; �A ' • Y.� a ' n'd.'w... — 1697 00117 bA COliuR CQ OR BOOK !'AGE f g'T 4.0$ A4092 . Each 0 owner as described in Section 4.01 and 4.02 above agrees to accept membership in the Master Association and to be bound by this Declaration, the Articles and By-Laws of the Master Association and the rules and regulations enacted pursuant thereto. Membership and Limited Membership in the Master Association is automatic upon acquisition of ownership of a Plot or Parcel and may not be transferred separate and apart from a transfer of ownership of the Plot or Parcel. Membership and Limited Membership likewise automatically terminates upon the sale or transfer of an Owner's O interest in a Plot or Parcel, whether voluntary or involuntary. A Member's and Limited Member's voting rights and privileges in Co y connection with the Common Property may be regulated or suspended C 4e• as provided in this Declaration, the By-Laws or Master Association 2c cm rules. cx 4.04 Votina Riabts. For purposes of voting rights only, the Master Association shall be deemed to have four types of membership, i.e. Regular Membership, Limited Membership, Representative Membership and Declarant Membership. A. Regular MeabershiD. Regular Members shall be all Owners of Plots or Parcels with the exception of the Limited Members, Representative Members, Declarant Members and Owners o of Institutional Property. Regular Members shall be entitled -p = to one vote for each Dwelling Unit owned by such Regular ]s -- 0 Member. In the event that a Regular Member owns a Plot or t7 Parcel on which Dwelling Units have not been constructed, such coco Regular Member shall be entitled to one vote for each Dwelling Unit which has been assigned to the Plot or Parcel by the Declarant. In the event a Regular Member owns a Plot or Parcel which includes both constructed Dwelling Units and unimproved property, such Regular Member shall be entitled to one vote for each constructed Dwelling Unit located on such Plot or Parcel and one vote for each Dwelling Unit originally assigned to such Plot or Parcel by the Declarant, less the number of votes to which such Regular Member is entitled by virtue of owning constructed Dwelling Units on such Plot or Parcel. The Declarant shall assign the number of Dwelling Units which may constructed on a Plot or Parcel prior to the sale of such Plot or Parcel to a third party. When there are multiple owners of a Plot or Parcel, only one vote may be exercised for each Dwelling Unit (whether constructed or assigned as provided above), which vote shall be exercised among the Owners of said Plot or Parcel as provided in the By- Laws. Although Regular Members shall be entitled to votes as provided herein, the right of Regular Members to cast their vote, and the manner in which such vote is cast, is subject to the provisions of Paragraph C below regarding Representative Membership and further subject to the By-Laws. ® -9- i z-. •'..S+ti:tom .(L/ -.tirw- _ • ate`• r4.. `• R_ i0 i q-`.--2n t'.."1,- '.5 ' -'- .. S 44, 1Y•.+-.r . • • 1697 00 ! P 76 ��„kW COWER CO, OR BOOK PAGE 147 B. Liaited Mesberahie. Limited Members shall be all owners of Commercial Property with the exception of the Declarant Member. Subject to any other provisions of this Declaration or the By-Laws affecting the rights of Limited Members to cast their vote and the manner in which such vote is cast, Limited Members shall only be entitled to vote on matters coming before the Master Association directly related to the surface water management system serving The Properties. Any dispute as to which matters directly relate to the surface water management system shall be resolved by the Board. p Subject to such limitation, Limited Members shall be entitled o to the following votes: Op — O ~ 1. Owners of Commercial Property (C, 0/C, C/H, 0, CD,ICo Town Center) other than the Owners of the Country Club and Other Clubs shall be entitled to a number of votes C equal to .55 times each 1,000 square feet (or fraction thereof) of gross leasable area assigned to such property. Declarant shall assign the square footage of gross leasable area which may be constructed on a • Commercial Plot or Parcel prior to the sale of such Plot or Parcel to a third party. 2. Owners of the Country Club and Other Clubs (if ,o any) shall be entitled to a number of votes equal to .55 'bc times each 1,000 square feet (or fraction thereof) of I+, •— ® building area actually constructed on such property. C The Owner of the Country Club shall also be entitled to m as a number of votes equal to 3.67 times the numbers ofC to acres comprising the golf course(s). For purposes of calculating such voting, the following factors shall apply: a. Building area shall include pro shops, cart barns, maintenance facilities, clubhouses, and ancillary commercial establishments associated with the golf course and tennis facilities, including gift shops, golf and tennis equipment sales, restaurants and cocktail lounges. Building area shall not include freestanding pump houses, freestanding restrooms and snack bars or any other structures not associated with the buildings described above. b. Golf course acreage shall include all property which is owned by the Country Club owner and completed for use, including tees, fairways, greens, practice greens, driving range, but excluding lakes. 41) -10- • ,L.-ig: .,- ..••,-;,y,.1...--.; _,,,,-i'.-,--1:*-- 7•'..:'-:-.--•i' .-...-- : • . • • a a > ' z +a•.. 'r'4u vr .>x,.za. rax: .. ., ,.... -K 3o- , 4 is _+•g:=3 - . . . _ ice ..s 11> . • t .i.. Y �. .^\ ala" -E4;CA Y Lq"•I . S •--�'• r 3 e ......+.r .s• •! • 1697 00I1TT • PAG s°r co QR BOOK ?g5Y c. For purposes of determining whether a Q building is completed or a golf course is completed, at the time the Master Association sends a notice to the Limited Members of a meeting in which Limited Members would be entitled to vote in accordance with this Master Declaration or the By-Laws, only such completed buildings and golf courses which have been issued a certificate of occupancy or certificate of completion by the appropriate governmental authority and in which such certificate has been forwarded to the Master Association shall be included in determining the ap number of votes entitled to be cast by the Country O' Club or Other Clubs Owner. cD �+ cD C. Representative Membership. Although Regular and Limited Members are entitled to vote as provided herein, the t right to vote and the manner in which such vote is cast is \ further subject to this paragraph and the By-Laws. Representative Members shall be the members of the Board of Directors of the Neighborhood Associations. Each Neighborhood Association shall designate one member of their Board of Directors to serve as the Representative Member of such Neighborhood Association. Each Representative Member present at a meeting shall be entitled to cast the number of votes of e Regular or Limited Members who are members of the Neighborhood __ Association of which such Representative Member is a director. D _ Representative Members shall have representative voting rights C) -.J as provided in this Declaration and the By-Laws, but rn -4 Representative Members shall not otherwise be entitled to any o privileges or rights in connection with the Master Association, the Common Property or this Declaration other than to the extent the Representative Members are also Regular or Limited Members. D. Declarant Membership. Declarant Members shall be the Declarant or any successor to Declarant, or any assignee, designee or nominee of Declarant, in whole or in part, to whom Declarant has assigned all or any part of its rights as a Declarant Member. At all times prior to expiration of the Declarant Member, as provided herein, the Declarant Member shall have the same number of votes at any meeting in which votes are to be taken as is held by all other Regular and Limited Members, plus one. The Declarant Membership shall terminate and be converted to Regular Membership (and Limited Membership, if the Declarant owns Commercial Property) upon the happening of the earlier of the following: 1. When the Declarant Member no longer owns any land in Grey Oaks for development or for sale in the ordinary course of business; or o -11- f if 1x ].'' S• .- c •Wit. +: - -' x.j.,, JY a .a .tii• 1. i....�-..t:.:.�-. y i R -z� __rix 1 • • 1691 001118 6 ^4A0b1 COWS ME OR BOOK PAGE ?g" 2. When, in its discretion, the Declarant terminates and waives in writing its right to Declarant Membership. After the earliest of such events, the Declarant Members shall be deemed to be Members or for purposes of calculation of and casting votes, may be classified as both a Regular and Limited Member dependent upon whether the Declarant owns Commercial Property, and shall be entitled to the same number of votes based upon such property ownership in accordance with the provisions of CD Paragraphs A and B above. Within sixty (60) days after such date, _ Declarant shall call a meeting as provided in the By-Laws for tm special meetings to advise the membership of the termination of the 0 Declarant status. If there is more than one Declarant Member, each 7[ cD Declarant Member shall cast their vote as they may among themselves determine, and in the absence of any such agreement, each Declarant shall be entitled to cast such votes to which it is entitled in accordance with this Section. E. Reduction. If an Owner of any Plot or Parcel builds fewer Dwelling Units, less gross leasable area or less building area than assigned by Declarant to such Plot or Parcel, such Owner may request the Declarant, by a sworn affidavit, to reduce the number of Dwelling Units or amount of o gross leasable area or building area assigned to such Plot or e Parcel. Declarant shall have the sole discretion to approve D. — 0 all or a portion of such reduction, which discretion shall be C reasonably exercised. If a reduction is made, it shall be Hi ~ reflected in a written instrument signed by Declarant and recorded in the public records of Collier County. Such reduction shall have the affect of reducing the maximum number of Dwelling Units or amount of gross leasable area or building • area that may be constructed on such Plot or Parcel, the number of votes that say be cast by the Owner of such Plot or Parcel and the amount of assessments levied against such Plot or Parcel or the Owner thereof pursuant to Section 6.09 herein. F. Institutional property. Owners of Institutional Property shall be Limited Members as such term is used in Section 4.02 and shall have the same rights and obligations of Limited Members owning Commercial Property. However, Owners of Institutional Property shall not be Limited Members as such term is used in Section 4.04.B. and as such, shall have no voting rights in the Association nor shall Institutional Property or the Owners thereof be subject to Regular Assessments, Supplementary Assessments or Improvement Assessments. 4.05 Del_eaation of Voting Rights. A member of the Board of Directors of each Neighborhood Association, as a Representative Member, shall be the exclusive agent for and shall hold the —12— .: '4X +N' ,,'-$_..._�+.. • . S&•C ._ - " ..ham - • ,,e� sc• .e • .r•Yz • .. . ..c t` j. . �. "*Etar .. .L tip -+�,.f .. � � � • • 1697 001179 OR BOOK OOK PumeE . exclusive and irrevocable proxy and authority to act for and vote on behalf of all of the Owners of Plots or Parcels within the Neighborhood or Neighborhoods operated by such Neighborhood Association, with respect to the affairs of the Master Association. The votes cast by such Representative Members shall be Conclusively binding on the Owners of individual Plots or Parcels within such Neighborhoods. However, when the Direct Vote of Regular or Limited Members is required or requested under this Declaration or the By- Laws, or requested by the Board, the positive and negative votes cast by the Owners of Plots or Parcels within each Neighborhood with respect to the matters subject to Direct Vote shall retain their character as such and shall in turn be reported to the Master Association and cast by the Representative Members as positive and Q negative votes in the respective numbers originally cast within the Neighborhood Association. Direct Voting shall be conducted on O specific matters in the manner provided in the Dy-Laws. Delegation Z5of voting rights as provided herein shall not disqualify any member sc en of the Master Association from serving as an officer or director thereof, nor shall such representative voting otherwise affect the provisions of this Declaration, the Articles or By-Laws, except as may be expressly otherwise provided. It is anticipated that the day-to-day operation of the Master Association shall be conducted by the Board and that most matters submitted to the membership shall be conducted by representative voting. Only in those specific instances wherein Direct Voting is required, or when so requested by the Board, shall Direct Voting occur. o 4.06 Rleotion of Board of Direotore. Directors of the Master a Association shall be elected at the annual meeting of the members S in the manner provided in the By-Laws. Limited Members shall not in be entitled to vote on the election of the Board. Directors may be ro removed and vacancies on the Board shall be filled in the manner provided in the By-Laws. 4.07 Control of Board by Declarant. So long as there is a Declarant Member, the Declarant has the right to designate or elect all of the Board of Directors, and the directors so designated by the Declarant need not be members of the Master Association. The Declarant may waive its right to designate any one or more directors, as provided in the By-Laws. ARTICLE V COMMON PROPERTY 5.01 Description of Common Property. The Common Property shall include all real property, interests in real property, easements, rights-of-way, licenses, use rights and servitudes that are now or in the future specifically set aside, designated, reserved, granted, dedicated, assigned or deeded to the Master Association by the Declarant for the common use and enjoyment of Owners within The Properties. Common Property may be identified, described or designated as such by Declarant, or developers of -13- .. • Iei$�tt , a ti•s ++ •4>•:' > • , • ' JS' 1v,.yy,i3y��>Sir-.a i _ _•'t'O' X S _ • CF • • • • • C. • C .'. v. • • Y34• •1•t•}• es. moi. �I� '• " t.. Ski -�-"1�Jfa.' • 1697 00 l 1 80 - . . OR BOOK PAGE j .c7 Plots or Parcels, with the written consent of Declarant, as part of 0 the declarations, plats and other documents establishing Neighborhoods. Such designation, delineation, description and dedication to common use as Common Property, as part of the establishment of a Neighborhood, shall, subject to the limitations and provisions contained in such documents, provide a continuing process of the development and delineation of Common Property and establish the common use rights of the Master Association and its members therein. Provided however, the use of Common Property shall be limited in accordance with the provisions of this Master O Declaration, a Neighborhood Declaration, and any additional , limitations included in the document designating, reserving, co — granting, dedicating, assigning or deeding such Common Property to C3 '4 the Master Association. Common Property shall also include any CD c personal property which may be provided by the Declarant or acquired by the Master Association for the common use and benefitCNN of the Owners within The Properties, subject to limitations that may be imposed upon the use of such personal property in accordance with the Master Declaration or a Neighborhood Declaration. The Declarant reserves the right to add additional Common Property and to amend or alter the development plan for Grey Oaks and the Common Property. Other Common Property may be acquired by the Master Association with consent of the Declarant prior to termination of the Declarant Membership status, and without such consent after q termination of Declarant Membership status. o a - 05.02 Title to Common Property. Declarant or others may c -a retain ownership of each part of the Common Property until such rn -v time as Declarant or other owner transfers or assigns ownership, tco title or the interest in such Common Property to the Master \ Association. Notwithstanding such retained ownership or rights of Declarant, the Master Association shall be responsible for maintenance of such parts of the Common Property that have been made available by or with the consent of Declarant for the common use, enjoyment and benefit of Owners within The Properties. However, the Master Association shall have no maintenance responsibility until after the first conveyance of a Plot or Parcel to a Member or Limited Member other than the Declarant. S.03 Zztent of Members' s_ mens in Common Property. The members` rights and easements to use and enjoy the Common Property shall be subject to the following limitations: A. Owners of Commercial and Institutional Property shall have an easement for use of the water management and preserve areas within The Properties only to the extent necessary to develop such Commercial and Institutional Property in accordance with the PUD, this Master Declaration and the plans approved by Declarant and as may be required by appropriate governmental authorities pursuant to water management permits applicable to Grey Oaks and the Commercial or Institutional Property. -14- i • :..'s%lir'�..rc%:r. .tib.. o+:>r i•S. - • te. _ n 4 • 1697 001181 IRON• • • OR BOOK PAGE OM FILE COU fl ig B. Owners of Commercial and Institutional Property shall have an easement for the use of only those Streets and utility easements within The Properties as designated, reserved, granted, dedicated. assigned or deeded to such Commercial Owners on a recorded plat, easement or other such document designating, reserving, granting, dedicating, assigning or deeding such easement to Owners of Commercial or Institutional Property. Without limiting the generality of the foregoing, it is the Declarant's intent that all Residential Property shall be within a gated community and q that access to Residential Plots and Parcels, the Country Club XI and Other Clubs shall be limited to Owners of Residential pp -' Plots or Parcels and the Owners of the Country Club and Other O ti Clubs and their respective &embers. o C. The Owners of the Country Club and Other Clubs (if any) , the members of such clubs, their family members, guests, invitees and lessees, the players or users of the golf course, tennis courts, or other recreational facilities which are part of such clubs, and the spectators at tournaments (the "Visitors") shall have a perpetual non-exclusive easement in their favor to use the Common Property for all normal purposes, including, but not limited to, ingress and egress and for the furnishing of services and facilities and for such co other purposes for which the same are reasonably intended in .13 o 0 accordance with the terms of this Declaration. However, this D,. — easement as it relates to the use of the Common Property by C) 'N+ members of the Country Club or Other Clubs or Visitors shall m '" be Only as to that portion of the Common Property necessary 4i6` for their use. Any disputes as to what constitutes a normal purpose or what portion of the Common Property is necessary for their use, shall, during the term of this Declaration, be determined 'y Declarant (even if the Declarant Membership expires prior to expiration of this Declaration), in its sole and absolute discretion. D. The Master Association may suspend the rights of any Member or Limited Member to use the Common Property for any period during which any assessment against such member's Plot or Parcel remains unpaid and delinquent, and for a period not to exceed thirty (30) days for any single infraction of the rules of the Master Association. Any suspension of such right to use the Common Property, other than for failure to pay assessments, shall be made in accordance with the By-Laws and after notice and hearing in accordance therewith. E. The Master Association has the right to take such steps as necessary to protect the Common Property against foreclosure. -15- I I off' 04r ki4:` ,*,,,_.gni.. .. . . .. . - _ .. • »6. ,. °: •- ...ro yo-• .y" ,r -. _ 4 I s s t n o ` I a 2 COLLIER Co. OR BOOK PAGE Au ?riV P. The Declarant or the Master Association, by a vote Cof its Board, may dedicate or transfer to any public or private utility, utility or drainage easements on any part of the Common Property for which easements or use rights form a part of the Common Property. G. The Board may set reasonable priorities for use of the Common Property, or parts thereof, for private parties and functions, for both members and nonmembers. The Board shall have the right to prescribe such rules, regulations, conditions and establish and collect such security deposits Sg and fees as the Board may deem reasonable and appropriate — under the circumstances. co O 4M..S.04 Use of Common Property and Improvements by Declarant. X CD Declarant, for itself, its successors, assigns and designees, reserves the right to use portions of the Common Property, for the purposes of sales offices, hospitality centers, administrative offices, construction offices or other purposes during the development, marketing and sale of Grey Oaks, all without specific compensation to the Master Association. S.0S Use of Common Property and Improvements by the General Public. The golf clubhouse facility to be constructed within Grey o Oaks must be available for use as a hurricane shelter in accordance CD with Paragraph 4 of the PUD. If there is an emergency which -;,2 __ 0 triggers the requirements of the PUD for use of the hurricane n ~ shelter, and if there is excess shelter space not needed by use of in -.1 the Owners as determined by the Declarant in coordination with thecn appropriate officials at Collier County, during the existence of ` such emergency members of the general public shall have an easement for ingress and egress over and across the Common Property as reasonably necessary to utilize the golf clubhouse facility as a hurricane shelter. 5.06 Social Activities. The Board may designate from time to time such special social and other committees to organize and manage functions utilizing the Common Property for the benefit of the Owners and Residents of The Properties. The Board may impose special fees or charges in connection with any such function that the Board deems reasonably necessary and appropriate to cover additional expenses anticipated to be incurred by the Master Association in connection therewith, including the employment of service personnel, cleaning, utilities, security or similar assistance. In connection with any such function, Owners and Residents of The Properties may be charged an entrance or admission fee to such function to defray or help to defray such cost. Similarly, such functions may be held for appropriate fund raising purposes to benefit the Master Association or any literary, scientific, charitable or community purpose approved by the Board. e -16- 1Z i ; l"^' 5., S••••?'\Y-.Z L .!fr..Ji SQ.:,._ - - - - s .tti ... Y _r .. ::e: K + f , ::'''''- ;:':#2:2-1.;:-.:7':..-:.,:17 - • 'i)•�'.•. - ` • .rte ? u � Ai r ` sX �u i ` r'� e r=wY �y ....-=•r.aF..: z a s-�.,,h t i +3'�Ws. Z A' .,:: - - - 1697 001183 OR BOOK PAGE „ "c. ARTICLE VI ASSESSMENTS 6.01 Qbliaation. des of Aseesaae t Lien. Each Owner of a Plot or Parcel is obligated to pay to the Master Association all Regular Assessments, Supplementary Assessments, Special Assessments, Improvement Assessments and Service Assessments made in accordance with this Master Declaration, the Articles and By- Laws. The Assessments shall be levied and collected as provided in the Association's Governing Documents. All Assessments and any interest, late charges, attorneys fees, court costs and other costs of collection shall be a continuing lien upon the Plot or Parcel p against which such Assessment is made until fully paid and shall o also be the personal obligation of the Owner of such Plot or Parcel co at the time when the Assessment falls due and shall remain the c personal obligation of such Owner even if such Owner conveys the c Plot or Parcel to a third party. The personal obligation to pay Assessments shall not pass to successors in title of an Owner unless expressly assumed by such successor but shall remain a lien on the Plot or Parcel. The Master Association may record in the public records of Colif'r County, Florida, a "Claim of Lien" or similar document describing the amounts claimed due by the Master Association as to any one or more Plots or Parcels. The execution and recording of such a Claim shall not be required in order for the continuing lien of Assessments to be valid, however the 0 recording of such Claim shall determine the priority of the lien with respect to liens against the Plot or Parcel claimed by a o Neighborhood Association. Is- 6.02 6.02 purposes of Assessments. Assessments levied by the M �+ Master Association shall be used only for the purposes described in `Co this Master Declaration, the Articles and By-Laws. Amounts for Common Expenses provided for herein shall be used for the general purpose of promoting the recreation, health, safety, welfare, common benefit and enjoyment of the Owners and occupants of Plots and Parcels, and of maintaining and operating the Common Property, and the values thereof. 6.03 geaular Assessments. The Board shall determine the amount and time for payment of Regular Assessments pursuant to the Articles and By-Laws. The Board may consider the current maintenance, operational and other costs of the Association and its future needs, including the need for reserves. 6.04 supplementary Assessments. If the Board determines that the Regular, and any Supplementary Assessments, for the current year are, or will become, inadequate to meet all Common Expenses for any reason, it shall determine the approximate amount of such inadequacy and make a Supplementary Assessment against each Plot or Parcel, specifying the date or dates when due. A Supplementary Assessment may be added to and paid with installments of the -17- eaNaff • :+: •;_.ICY b '--.-i•••.3 x- _ _ • 4+t 2 A f = • ° . a R �,: ' dks ta,. , • • • • 1697 001164 b N.,J 4 Lott tq co. • OR BOOK PAGE fI"?B Regular Assessment, or be otherwise payable as determined by the Board. 6.05 Specia1Assesssents. Special Assessments may be levied by the Board and given their nature and purpose, may be levied on a nonuniform basis, notwithstanding the provisions of Section 6.09 herein. 6.06 ZAprov.ment Ajelessment. The Master Association may also levy an Improvement Assessment. All Improvement Assessments must first be approved by at least a majority of the votes entitled to 0 be cast by members entitled to vote thereon. and by the Declarant ' _ during the time the Declarant Membership exists. Improvement W -v Assessments shall be payable at such times as may be determined by Cu, the Board and approved in accordance with the Governing Documents. BR o All amounts collected as Improvement Assessments may only be used for capital improvements and shall be deposited by the Board in a separate account to be held in trust for such purposes. \ Improvement Assessments shall not be commingled vich any other funds of the Master Association and shall be considered a contribution to the capital account of the Master Association by the members obligated to pay such Assessments. 6.07 Service Assessments. Service Assessments may be levied by the Board and given their nature and purpose, may be levied on o a nonuniform basis, notwithstanding the provisions of Section 6.09 .b c herein. G, -v 6.08 ALets. 1*1 v 4g A. jteaular Budaet. The Board shall prepare an annual �D budget and make copies available to all members at least \ thirty (30) days prior to the first day of the following fiscal year. Any budget that contemplates an Improvement Assessment which requires approval of the Regular or Limited Members shall be submitted for a Direct Vote of the members entitled to vote thereon. The Association shall give Neighborhood Associations and all Regular and Limited Members entitled to vote on the Improvement Assessment at least sixty (60) days notice of the meeting at which such budget will be considered. During such notice period, the Neighborhood Associations shall conduct Direct Voting on the Improvement Assessment. Each Neighborhood Association shall report the results of such Direct Vote to the Board at least thirty (30) days prior to the beginning of the next fiscal year. The Board shall then finalize and adopt the budget inclusive or exclusive of the Improvement Assessment dependent upon the Direct Vote by the members. The failure of the Board to prepare, submit and adopt a budget in a timely manner shall not affect the validity of the budget once adopted. B. WaterManseeetent Budget. The Board shall establish a separate budget to pay for the operation and maintenance of -18- • 3` y il . i r' o-. :.' �`.- ': r:`i •• • r1'T'.!1•44-1 �.' Y '•Ti'�Q `t •yaj�^..T }+ • • 1697 001185 • OR BOOK PAGE Gi HO"COWER co. the water management system serving The Properties (the "Water Management Budget") . The Water Management Budget shall not include any costs or expenses associated with the responsibilities or services performed by the Master Association other than maintenance and operation of the water management system. Similarly, the Regular Budget established by the Board shall not include any costs or expenses associated with the maintenance and operation of the water management system. The Water Management Budget may be prepared as a separate subcategory of the Regular Budget or as O a separate budget, so long as the Regular Assessments M necessary to fund the Water Management Budget can be allocated Co "..4in accordance with Section 6.09 below. CD -.r CD ie 6.09 allocation of Budgeted Amounts. Each Plot and Parcel e shall be assigned an Assessment Index. The Assessment Index shall be equal to the total number of votes assigned to such Plot or Parcel in accordance with Section 4.04 herein. Each Owner of a Residential or Commercial Plot or Parcel shall be obligated to pay a portion of the Water Management Budget, which portion shall be no greater than a fraction, the numerator of which is that Plot's or Parcel's Assessment Index and the denominator of which is the total of Assessment Indices for all Plots and Parcels. Additionally, the Owners of each Residential Plot or Parcel shall be obligated to pay CD a portion of the Regular Budget, which portion shall be no greater - ID CD 0 than a fraction, the numerator of which is that Residential Plot's be -- or Parcel's Assessment Index and the denominator of which is the fG total of Assessment Indices for all Residential Plots and Parcels. Owners of Commercial Plots or Parcels shall not be obligated to pay \co any portion of the Regular Budget except a portion of the water management subcategory (if there is no separate Water Management Budget) in accordance with this Section. Such portions allocated to Residential and Commercial Plots or Parcels shall constitute the Regular Assessment allocable to such Residential or Commercial Plot or Parcel for the fiscal year. Although the Declarant is not under any obligation to do so, so long as the Declarant Membership exists, it may direct the Board to reduce the Regular Assessment otherwise allocable to each Plot or Parcel by a uniform percentage thereby establishing a "Reduced Regular Assessment" and pay the difference between such Reduced Regular Assessment and the Regular Assessment as a deficiency in accordance with Section 6.18 below. In no event may the Assessment Index assigned to any Plot or Parcel be less than the number of votes which may be exercised (notwithstanding the limited voting rights of Limited Members) by the Owners of such Plot or Parcel. Supplementary and Improvement Assessments shall be levied in the same proportion as Regular Assessments. Regular, Supplementary and Improvement Assessments may be collected at such intervals as may be determined by the Board, subject to any prescribed membership approval. Special and Service Assessments need not be uniform in amount nor levied in a proportion to the Assessment Index due to their nature, but they shall be handled and processed in a uniform and nondiscriminatory -19- -I L-; y: c -5t Yew. _ .rY• J y. , - _. • •9a.,,f:. • r % ay- .r .7. 1697 001186 PAGEE.kriCi?.COLLIER • ' OR 80®K 7 manner with respect to any Plots or Parcels similarly situated. The Board shall establish and assess the Regular and water Management Budgets based upon the total number of Assessments Indices assigned to property subject to assessment for each Budget at the time such Budgets are established. Any Plot or Parcel that thereafter becomes subject to assessments based upon the date Regular Assessments become due in accordance with this Article, shall pay a prorate assessment. The assessment shall be calculated as a portion of the Budget(s) applicable to that Plot or Parcel, which portion shall be no greater than a fraction, the numerator of which is that Plot's or Parcel's Assessment Index and the denominator of which is the total of Assessment Indices used by the cD Board in allocating that year's Budget among similar Plots or o Parcels. Such assessment shall then be adjusted based upon the w — number of full months remaining in the Association's fiscal year. O Pr 6.10 Commencement of Regular Assessments. Regular Assessments shall commence on the first day of the following month in which an Owner other than the Declarant owns a Plot or Parcel. Although the obligationto pay Regular Assessments commences in accordance with the preceding sentence, in the case of the Country Club and Other Clubs, the amount of such assessment may be zero until such time as either a building or a golf course or any portion thereof is completed since the level of Regular Assessments is tied to the number of votes assigned to property and with respect to the Country Club and Other Clubs, such votes are a assigned as the buildings and the golf course are completed in o accordance with Section 4.04 herein. In the event the Declarant a — decides to develop the Country Club or Other Clubs in its own name, c, it shall pay Regular Assessments allocable to the Golf or Other m -J Clubs in the same manner that such assessments would be payable in ` a the event the Golf or Other Clubs were owned by a separate entity. In the event the Declarant decides to develop any other Plot or Parcel in its own name, it shall pay Regular Assessments for such development based upon the Assessment Index attributed to such development in accordance with Section 6.09 above, from the first day of the month following the issuance of a building permit for Improvements to be constructed. The intent of charging the Declarant Regular Assessments in accordance with this Section is for the Declarant to be treated substantially equivalent as other Owners with regard to any assessable property that it undertakes to develop. "Substantially equivalent" shall not necessarily mean identical, since other owners of Plots or Parcels may be obligated to pay Regular Assessments prior to issuance of a building permit in the event they acquire title to such property and there is a delay between the acquisition of such title and the issuance of a ' building permit. 6.11 Abatement of Regular Assessments. If the amount budgeted to meet Current Expenses for the current year proves to be 41) excessive, the Board may either reduce the amount of Regular Assessments or abate collection of Regular Assessments as it deems -20- • _ _ .- R te} - -.• :, - 1 > :t i#i� uMSKe� Ja'.� •'wtY`• 45�•'t T. 'd 'Y ` _ _ __ • - .sa' ,ct CS i -= �Y E'. - tic .` F , su .:: • 1 697 001 187 a�okaruca ' • •• OR BOOK PAGE appropriate. The Board shall not reduce or abate Regular Assessments if the quantity or quality of services rendered by the Master Association would be significantly or adversely affected. 6.A2 pre-development Assessment of Parcels. If third parties acquire Plots or Parcels from the Declarant for purposes of development, despite anything herein to the contrary, as part of such acquisition, the Declarant may reduce or abate the Regular and Supplementary Assessments otherwise due and attributable to a Plot p or Parcel to a point in time not later than the issuance of a 70 certificate of occupancy for the Improvement located on such Plot co — or Parcel whereupon the full assessment (subject to proration) as C] to such Improvement shall thereafter become due. In the event that o vc an Assessment Index would otherwise be allocated to the balance of such property for improvements not yet completed, the balance of such property shall remain subject to assessment only at the reduced assessment level until a certificate of occupancy is issued for the Improvement for which an Assessment Index has been allocated. During any such time in which Regular or Supplementary Assessments are reduced or abated in accordance with this Section, the number of votes which would otherwise be allocated to such property shall be similarly reduced or abated. In no event shall the reduced assessment apply to Service or Improvement Assessments o nor shall the Owner of any property be privileged to enjoy a .. o reduced assessment level for more than thirty six (36) months after p. --• the date of conveyance thereof by Declarant. Nothing herein shall C7 require the Declarant to reduce or abate a Regular or Supplementary in co Assessment at all, or for the full length of time permitted by this to section, it being the intent of this Section to describe the outside limits of the Declarant's rights hereunder to reduce or abate Regular and Supplementary Assessments. 6.13 pheempt Property. The Common Property and Neighborhood Common Property shall be exempt from all assessments levied herein. Institutional Property shall be exempt from Regular, Supplementary and Improvement Assessments. Institutional Property shall be subject to those Special Assessments levied to reimburse the Master Association for costs incurred in bringing the Institutional Property or the Owner thereof into compliance with this Master Declaration, and to those Service Assessments levied to pay for materials or services for which the Owner of such Institutional Property subscribed. 6.14 Reserves. The Board may establish reserve accounts funded from Regular Assessments in reasonable amounts and in such categories as are determined by the Board for deferred maintenance and repair, including maintenance of all Common Property, and emergency repairs as a result of casualty losses, and recurring periodic maintenance or the initial cost of any new service to be -performed by the Master Association. All amounts collected as a reserve shall be deposited or invested by the Board in separate accounts to be held in trust for the purposes for which such funds -21- z.i`r�!�eg}max - . L r {:: s'w.K Asx •. •_ .yxtiia-r .r'D.: •f• E •S. -' - ..,,,t 4 • t.• 5 .'jt 7--.�4M};rte.';:• � �{ :,[..e., .,—.._t..a. -. ,.ru• '�, tea- . ^:"y i ‹, ' a 9 6 ' BAWfvoN COLLIER co. OR BOOK PAGE ' �'3 , 3 are collected, and shall not be commingled with any other funds of I the Master Association. Such reserves shall be deemed a contribution to the capital account of the Master Association by the Members. 6.15 giahts of Mortaanees. The lien of the assessments provided for in this Declaration which accrue and become due and ._ payable with respect to any property after a mortgage is recorded encumbering such property but prior to the conveyance of title as o a result of a foreclosure or a conveyance in lieu of foreclosure, — is subordinate to the lien of such mortgage. The Owner acquiring Q — title to the property as a result of foreclosure or conveyance in p 4r- lieu lieu of foreclosure is not liable for assessments which became due 7K o prior to such acquisition. The unpaid assessments shall be deemed C a Common Expense collectible from all Owners, including the person \ or institution acquiring title to such property through foreclosure or conveyance in lieu thereof. This shall not relieve an Owner from responsibility for unpaid assessments for the period of time he owned such property. Any assessments against property accruing prior to recordation of a mortgage or after the acquisition of title as a result of foreclosure or conveyance in lieu of foreclosure shall be a lien against such property in the manner otherwise provided for in the Declaration. co -o o 6.26 pelinauent Assessments. The Board may establish It -- 0 provisions in the By-Laws for collecting late charges and interest Fri co on delinquent assessments. The Board may also bring an action at law for collection of delinquent assessments and/or for foreclosure C of the lien of delinquent assessments. The Board may, but shall \ not be required, to bring an action against the Owner who is personally liable for the delinquent assessment without recording a claim of lien against the property or foreclosing the lien. The Board may include all late charges, interest, attorneys fees and costs of collection in any suit brought to collect delinquent assessments or foreclose the lien of delinquent assessments. Any payment of assessments shall be applied in the following order: costs of collection, attorneys fees, late charges, interest and the principal amount of the assessment. Upon the timely payment or other satisfaction of all delinquent assessments assessed against a Plot or Parcel, the Association shall release of record any recorded claim of lien against such Plot or Parcel. 6.17 Collection of Assessments through Neiahborhood Associations. Assessments that are levied by the Master Association against any property within a Neighborhood may be collected from the Owners of property within such Neighborhood through the Neighborhood Association responsible for operating such Neighborhood. In this event, the Master Association shall certify the amount and category of all assessments against the property within such Neighborhood to the Neighborhood Association operating the same and the Neighborhood Association shall then be responsible for collecting the same as agent and on behalf of the Master -22- r • ` ` '14:-.:5 • . • ` 1697 001189 . I a+u .,,v Ee ca ' • OR BOOK PAGE `'�E QAssociation. The provisions hereof are intended to serve as an accommodation to the Master Association and its Members and to the Neighborhood Associations but shall not make Neighborhood Associations liable for any assessments beyond amounts actually received by such Neighborhood Association nor diminish or impair the obligation of each Owner for assessments otherwise due from such Owner. The Master Association, in its sole discretion, shall determine whether to collect assessments through Neighborhood Associations and such determination shall be binding on the cp Neighborhood Associations. Each Neighborhood Association shall = remit the assessments collected by the Neighborhood Association, by co -the deadlines established by the Master Association, along with a cD v list of all Owners who fail to pay assessments that were billed CD c • through the Neighborhood Association. I 6.18 Declarant Assessment. Except as provided in Section \ 6.10, so long as there is a Declarant Membership status, the Declarant is not obligated for nor subject to any Regular or Supplementary Assessment for any property which it may own, nor is it responsible for any Special, Improvement or Service Assessments except those to which Declarant consents to in writing. Instead, the Declarant is responsible for paying the difference between the Master Association's expenses of operation and the amount received e from Owners other than Declarant in payment of the Regular and Supplementary Assessments levied against such Owners' property. n --- 0 This difference is called the deficiency but does not include any C7 4 reserves for replacement, operating reserves, depreciation 'Ti co reserves, capital expenditures or Special, Service or Improvement N Assessments. The Declarant may, at any time, notify the Master Association in writing that it is withdrawing its obligation to fund the deficiency, to be effective not sooner than sixty (60) days after such notice, and thereafter Declarant shall no longer be exempt from Regular, Supplementary or Special Assessments. All such assessments shall be prorated for the remaining months of the then current fiscal year if applicable. ARTICLE VII ASSOCIATION'S DUTIES AND POWERS 7.01 General Duties. Without limiting the duties and powers specified in other portions of this Declaration, in the Articles or the By-Laws, the Association shall: A. Maintain, regulate and manage all of the Common Property, including obtaining all required utility and other services for the Common Property. B. Perform all obligations required pursuant to any governmental permit applicable to the Common Property. C. Have the right to borrow money for the purposes of improving, replacing, restoring or expanding the Common -23- s=it ! �. ,z 1 - - � • • :-.4.;;,,, i ' ,acs pn �(" .-t .r T'( a _ - , - s1 Y .t 1 s t- • t - :.. • ,.x-' SFS 1a. >�- ,s,.'—'y ''a •'•. T- •• _ _ • ' - ' tea " r? E . w r • •_ 5 : � i ;k L 44e#p•�ffi«.-t aa....-.a , •.w+.r',.x,_ _ .e e- 3-. .. ... .�. y.....,...,,, d.La s g 4 1t sn: - >r ' x��xnv^ .c, .io ,..:S..iirar .x),,z; w' :.'�l`— e r s •�,: 0.a rs'+:v,Z..- - • • 1697 001190 • • OR BOOK PAGE "z ��Ra' C � l Property, or adding new Common Property, and in aid thereof to mortgage the Common Property. The prior affirmative vote or written approval of not less than two-thirds (2/1) of the total votes entitled to be cast by Members must be obtained in order to mortgage any Common Property owned by the Master Association. The rights of such mortgagee shall be subordinated to the rights of the Members and Limited Members. In the event of a default upon any mortgage on the Common E Property, the lender's rights thereunder shall be limited to — a right, after taking possession of such property, to collect O assessments otherwise due and payable to the Association for o f' the maintenance and operation of the Common Property, in c=, accordance with the budget duly adopted pursuant to this Master Declaration and the By-Laws, and to apply such assessments towards the maintenance and operation of the Common Property or to reimburse the mortgagee for funds disbursed pursuant to such mortgage for maintenance and operation of the Common Property. Upon satisfaction of the mortgage debt, the ownership and possession of the Common Property shall be returned to the Master Association and all of the rights of the Members and Limited Members hereunder o shall be fully restored. However, the Master Association o shall not have the authority to mortgage any part of the n Common Property providing access, water management or utility G3 services to The Properties. rT} co 0 tra D. Pay any real and personal property taxes, < assessments and other charges levied against the Common \ Property. E. Enforce the provisions of this Master Declaration, the Articles, By-Laws and rules by appropriate means and carry out the obligations of the Master Association hereunder. F. Do all things reasonably necessary to carry out each and every obligation set forth in this Master Declaration, the Articles, By-Laws or rules. 7.02 Water Manaaemest and Preserve Areas. A. The Association is responsible for the operation, maintenance and management of the surface water and storm water management systems serving the properties, in accordance with the provisions of Collier County Ordinance 90-48 and Resolution 90-292 and Naples City Council Resolution 90-6211, as such ordinances or resolutions may be now or hereafter amended, and any applicable permits from the Florida Department of Environmental Regulation, U.S. Army Corps of Engineers and South Florida Water Management District. Any land used for surface water or storm water management or designated as preserve areas shall be placed under the control of the Master Association, either by direct conveyance of such -24- . .•_ ----."41111MONMEMMOMMIMMIMOMPPI t a _ ., :_ +dot-!1�F6+r.K.y"•, ...t+..,fY.T� ... . _ ^+1sT.. ytM��_• .°s.." - _ av'•i •..av+.F:}•t 4':-�Ar .n_'y�iwi-i.+>'.t 4 • ::-.."4:;••';. '• -. .: -fix-r SA7Lc• :- `:a: a o.m- "$9*�.} -w+ aiF s N iy `�Y/RaI�ci•,i . • • niiTilwf �c� __ 3 • (10f 13f ..f � � • 1697 � • OR BOOK PAGE land as Common Property, or the granting of an easement or license over such land to the Association. B. The Association also has the authority to enter into such agreements as necessary with the appropriate governmental agencies to enable the Association to conduct O weed and algae control maintenance over those portions of the Airport Road Canal (C-31) contiguous to Grey Oaks. cD CD 47. C. The Association may adopt rules and regulations % Ca governing the maintenance, conservation and preservation of the use of lands designated for water management and preserve areas; provided, however that said rules and regulations shall not contravene the provisions of the ordinances, resolutions and permits referenced in Paragraph A above. D. No structure of any kind shall be constructed or erected, nor shall an Owner in any way change, alter, impede, revise or otherwise interfere with the flow and the volume of water in any portion of a water management, lake or preserve area reserved for, or intended by Declarant to be reserved a for, drainageways, sluiceways or for the accumulation of G runoff waters, as reflected in any plat or instrument of m co record, without the specific written permission of the Association. (:) S. The right of ingress and egress, and easements therefore, are reserved over the water management, lake and preserve areas in favor of the Declarant, the Association and any appropriate governmental or quasi-governmental agency that may reasonably require such ingress and egress. An Owner shall not prevent ingress and egress by Declarant, the Association or any appropriate governmental or quasi- governmental agency to such water management, lake and preserve areas for maintenance or landscape purposes, F. No Plot or Parcel shall be increased in size by filling in any water management, lake or preserve area on which it abuts, nor shall an Owner fill, dike, rip-rap, block, divert or change the established water management, lake and preserve areas that have been or may be placed under Association control by conveyance, dedication, easement or license without the prior written consent of the Association. G. The Association shall have the power and obligation to levy and enforce sufficient assessments, pursuant to Article VI, to comply with this Section. H. The Association shall have the power to require a Neighborhood Association to maintain any portion of a water management, lake or preserve area within the boundaries of -25- • ._ . • • 7yQ•. ;� &•. r� .Lea.'# -s,. ust }.> , ._ `=wn _,.. '_• 1697 00 1 192 • PAGE r..'Ail MAAR Co. OR BOOK Vit '' 0 such Neighborhood and to enforce such requirement pursuant to Section 8.03. 7.03 Central Monitoring System. The Association shall contract with the Declarant or an entity to be designated by Declarant for the operation and maintenance of a central monitoring system connecting to each improved Residential Dwelling Unit located within The Properties. The cost of such contract shall be paid by the Association and shall be assessed against the Members O either as a Regular Assessment or Special Assessment. m Notwithstanding anything in the Governing Documents to the co -- contrary, this Section shall survive turnover of control of the C3 ..- Association by Declarant. cn CO ARTICLE VIII PROPERTY MAINTENANCE 8.01 Overall Purpose. One of the fundamental purposes for imposing restrictive covenants on The Properties is to insure that The Properties will be maintained in order to preserve a quality environment for the Owners and occupants of The Properties. In order to protect property values and preserve the environment, maintenance of the Common Properties and each Owner's Plot or o Parcel shall be done in accordance with this Master Declaration, = any Supplemental Declaration applicable to all or a portion of The =y QProperties, and a Neighborhood Declaration. CD � 4.02 Corrective Maintenance. If an Owner of a Plot or Parcel C G fails to maintain the premises or Improvements thereon in \ accordance with the Governing Documents applicable to such property, the Association shall have the right, after approval of two-thirds (2/3) vote of its Board, to enter upon such Owner's property and to repair, maintain and restore the property and exterior of any Improvement thereon. The cost of such maintenance shall be charged to the Owner as a Special Assessment in accordance with this Declaration. 8.03 Corrective maintenance of Neighbortood Common Property. If a Neighborhood Association fails to maintain any Neighborhood Common Property or Improvements thereon in accordance with the Governing Documents applicable to such property, the Association shall have the right, after approval by a two-thirds (2/3) vote of its Board, to enter upon the Neighborhood Common Property to repair, maintain and restore the property and the exterior of any Improvement thereon. The cost of such maintenance shall be charged to the Neighborhood Association as a Special Assessment in accordance with this Declaration. 8.04 ACCeSS to Property. The Association through its officers, directors, agents and employees may enter upon an Owner's or Neighborhood Association's property at reasonable times, to maintain the Association Common Property and easements, to remove -26- - -x...ry ?'phi,." '^' ;'.Z.-. -�.;n_ .6 i11 • �xc `. • . • .4 .. ,.w• Y- "13 w ty �**1r • • 1697 Qa1193 OR BOOK PAGE refuse and to provide exterior corrective maintenance as permitted under this Article. The Association shall have the right to use an Owner's or Neighborhood Association's water, from an outside spigot in reasonable amounts, without compensation to the Owner or Neighborhood Association, if used for maintenance on the Owner's property, the Association or Neighborhood Association's Common Property or the Association or Neighborhood Association's easement immediately contiguous to such property. This Section does not allow the Association to enter into any structure located on an Q Owner's or Neighborhood Association's property unless such entry is absolutely necessary to perform corrective maintenance pursuant to this Article. In any instance where entry into a building is p '- necessary, the Master Association shall make a good faith attempt cm to notify the Owner or Neighborhood Association of the need for said entry and to arrange a mutually convenient time for said entry. ARTICLE IX RESTRICTIONS 9.01 Statement of Intent. Since each Plot or Parcel within The Properties may have different types of development which require different specifica restrictions based upon the type of cm development, the restrictions contained in this Master Declaration D are intended by the Declarant only to be those general overall Gb. . restrictions applicable to all of The Properties. As additional ao property is subjected to this Master Declaration, the Declarant may impose additional restrictions applicable to such property by including said restrictions in any Supplemental Declaration or by recording a Neighborhood Declaration applicable to such property. 9.02 U$e Restrictions. Generally, the properties may be used only for those purposes as provided in the PUD. The PUD contains provisions which allow flexibility in assigning and reassigning various land uses to the real property within Grey Oaks. The Declarant has the sole right to assign and reassign those land uses and to make modifications or amendments to the PUD and any other governmental plans, land development regulations, development orders and development permits applicable to Grey Oaks, subject to any required approval of the appropriate governmental entity. 9.03 plans. Specifications and Locations of Structures. The Declarant will establish and may from time to time modify design review guidelines, which guidelines may be unique to specific types of development, outlining the process by which each Owner must have all plans and specifications for development on such Owner's property approved. As part of the design review process, the Declarant may establish a design review committee which may or may not consist of members of the Board. Upon termination of the Declarant Membership status, and as part of turnover of control of the Association, the Board shall determine the composition and membership of the design review committee and shall assume the -27- ia t� • • • �'fLAa• •1. -- • - --1 iCc` M Y 1< _} „4,-;;"-.•:=••• -- • - - _ • -11 • 1697 00 t 1 94w • OR BOOK PAGE .,�� 0 responsibility for enforcing the design review guidelines for any new construction to occur after such turnover. Even prior to termination of the Declarant Membership status, it is the Declarant's intent that the Master Association shall have the responsibility for enforcing restrictive covenants imposed by the Declarant and applicable to The Properties after construction of Improvements have been completed in accordance with the design review guidelines. However, any major reconstruction or new construction within The Properties must be reviewed and approved by o the Declarant or its designees in accordance with the design review o guidelines so long as the Declarant Membership exists. — 9.04 Deposits. The Declarant (and after turnover, the CD o Association) may require Owners to post deposits to ensure that construction is completed in accordance with the design review guidelines. 9.0S Central uomitorina System. Each Residential Dwelling Unit shall be equipped with a central monitoring system in accordance with plans and specifications to be approved by Declarant. The monitoring system shall be compatible with the monitoring system to be installed in accordance with Section 7.03. The central monitoring system is intended to benefit the Owner and on occupant of each Residential Dwelling Unit and is not intended as o (:) an intrusion into the privacy of an owner's or occupant's Dwelling __ Unit. The design of the monitoring system and specific details G, ti regarding how the system works and the number of monitors required rl co for each type Dwelling Unit are fully outlined in the plans and \11 specifications for the monitoring system provided by the contractor referenced in Section 7.03. Further details regarding how the agents or employees of such contractor will monitor each Dwelling Unit may be made part of the rules and regulations of the Association. 9.06 Water Linet. Each Residential Dwelling Unit and all Commercial and Institutional Property shall be equipped with dual waterlines, one of which shall be designed to utilize non-potable water. The plans and specifications for such dual water system must be approved by Declarant or, at Declarant's option, by the utility provider providing the non-potable water within The Properties. Each Owner within The Properties shall be required to connect the non-potable water lines on their property to the lines of such utility provider. 9.07 Water closets. Unless otherwise specifically approved in writing by Declarant, all water closets used within The Properties shall have a maximum flush of 1.6 gallons. It is the Declarant's intent, in accordance with the PUD, that all water closets meet this requirement unless it is shown by an Owner that such facilities are not readily available or do not comply with governmental ordinances and regulations applicable to the specific type of development to occur on such Owner's property. -28- 1 •e• ` ' ,Y. !'R i. rtz 3 s ..- '- kir.Va' 8fg7^'tiV"7 .. . 1697 00 1 I 9 5 co. i Fl n! OR BOOK PAGE [ 7 ® ARTICLE Y NEIGHBORHOODS 10.01 Statement of Intent. It is the Declarant's intent that all Owners within The Properties will be members of the Master Association and a Neighborhood Association. Such Neighborhood Associations may be established by the Declarant or by the o developer intending to develop a specific Plot or Parcel within The Properties. —pp 0 A. Multi-Family Paraele. Generally, each multi-family S2 o, development Parcel sold by Declarant within The Properties will constitute a separate Neighborhood and have a (, Neighborhood Association, but either the Declarant or the \ developer of two or more similarly situated multi-family Parcels may combine such Parcels into one Neighborhood and create one Neighborhood Association applicable to such parcels. B. Single Family Lots. With regard to single family lots, it is generally the Declarant's intent to establish o separate Neighborhoods and Neighborhood Associations for each 'Q c= single Family Development within Grey Oaks. However, the it — Declarant reserves the right to combine all single family lots CI v C) within two or more distinct Single Family Developments into rn co the same Neighborhood, to be governed by the same Neighborhood ,. Imo Association, if the character of the single family lots and C the construction permitted thereon are sufficiently similar such that the owners of such lots will have a community of interests compatible with each other. The purpose for which distinct Single Family Developments may be combined would be to allow one Neighborhood Association to contract for materials and services for all lots within such Neighborhood in order to take advantage of the economy of scale by contracting for such services and materials in larger quantities than might otherwise be available. However, single family lots may only be combined into one Neighborhood under the following circumstances: 1. The maximum average size of all lots to be included within one Neighborhood is no larger than one half (1/2) acre; or. 2. The minimum average size of all lots to be included within one Neighborhood is larger than one half (1/2) acre. C. Merger. Nothing in this Section shall prohibit two or more Neighborhood Associations from merging into one Neighborhood Association in accordance with the procedures -29- ...," • a n� , .. _ ..,-;:ik .,1 sly,.„q'k.-a..,py,-y,,5r.a.:. `-a.s - - • - •,-..%,..'-•JtisY#saW•,i`e .»•t•'w-,'.it-_rJ--.-. _ - - - Re:.,,.JJaT4n�+,aiA- ? '-�. t• 7 _ ,-•-•.t..- ._ - , - n:..1Gt -@•4,,).'.r,.4 T�h b O '�'v!N'.'1t'L,;-.-,':,P.,:--,:;,7..•.:te. • o. ,- _ �., �, _ - -: - -' =4 .- ;: - . - ala: .•.,.,. +++Il •f"• „.."-•„;‘,1 xr i. moi U � ' '-"`.' • cy .:tau 'e. • ! 697 00 t 19 Kcoat,.a %i • OR BOOK PAGE blot, required by the Neighborhood Associations' Governing Documents and applicable law. 10.02 Neighborhood Common Property. A. The cost and expense of maintaining the Neighborhood Common Property shall not be a Common Expense but shall be borne by the Owners of the Plots or Parcels located in the Neighborhood as set forth in the Neighborhood Declaration. CD 73 S. The Declarant reserves the right to cause portions W of the Common Property to become Neighborhood Common Property CD 41- by recording an instrument containing such provision in the "c CD public records of Collier County, Florida. Upon recording such an instrument, the real property described in such instrument shall no longer be Common Property but shall be Neighborhood Common Property and in lieu thereof, the use and easement rights and the obligations pertaining thereto, including, but not limited to, maintenance and administration obligations, shall be those pertaining to such Neighborhood Common Property and not Common Property of the Association, and the expense for maintenance and administration shall no longer be a Common Expense but shall be a Neighborhood Common o Expense. co • 10.03 Neighborhood Declarations. The Declarant reserves the gin co right to amend specific provisions of this Declaration as it may co apply to one or more Neighborhoods without amending those provisions with respect to all Neighborhoods and to supplement this Declaration by recording separate covenants, conditions, restrictions and other provisions applying to any specific Neighborhood. Separate covenants, conditions and restrictions may be recorded as a supplement to this Declaration or as a Neighborhood Declaration. The Declarant also reserves the right to determine the consistency of all Neighborhood Declarations in comparison with this Declaration and the plan of development of Grey Oaks and to approve and consent to all Neighborhood Declarations prior to the same being recorded in the public records of Collier County, Florida. So long as the Declarant Membership exists, Neighborhood Declarations shall not be effective until the Declarant approves and consents to the same in writing. ARTICLE xi INSURANCE AND RECONSTRUCTION 11.01 Insurance byMaster Association. The Master Association shall obtain and continue in effect as a common expense the following types of insurance: A. Comprehensive policy of public liability insurance (7) covering the Common Property with limits to be approved by the -30- .t :tis f. ,+. -r•. -.,,i, ' •a•.'(}a.8»'3+u`}+..::a«.`s+ -r"'•• • - - K ��i4 de "•7r yy YY✓.2} V�a.F •- • 1. • -moi ,tr .:. rwat+.� SYS t +r+-a Z.� � ,' ° 1"' 1' _ } sir �• ��...._ .. ._��. _ _, _. `•.__ ..,_..... a. _...Rhe+.�. • • 1697 0 1 191 - • • OR BOOK PAC Board, covering claims for personal injury and/or property damage, including protection against water damage liability, liability for non-owned and hired automobiles, and liability for property of others and such other risks as shall customarily be covered with respect to similar developments and risks. Such policy shall contain a "severability of interest" endorsement or the equivalent, which shall preclude the insurer from denying the claim of an Owner because of negligent acts or omissions of the Master Association or other CD Owners. 73 co B. A policy of fire and casualty insurance with CD CD 4r. extended coverage for the replacement value of all c Improvements to the Common Property and tangible personal property as shall be determined annually by the Board. C. Such other policies and in such other amounts and coverage as the Board shall from time to time determine to be appropriate and desirable. 11.02 Owner's Insurance. The Master Association is only obligated to provide insurance as set forth in Section 11.01. The Master Association is neither authorized to nor shall it obtain any o insurance with respect to any Plot, Parcel, Neighborhood or to -0 o provide any insurance with respect to liability, theft, damage or 2:". -- 0 0 any other casualty loss for any private property of any Owner, his rn 4' aatenant or their guests or family members or for any Neighborhood \aa Association, all of which shall be the responsibility of the Owner or the Neighborhood Association as applicable. 11.03 pestruction of Improvements. In the event of partial or total destruction of Improvements to the Common Property, the Master Association shall undertake to restore and repair the same to its former condition as promptly as practical. The proceeds of any insurance maintained pursuant hereto shall be used for such purpose, subject to the prior rights of any mortgagee whose interest may be protected by said policy. Any mortgagee and any mortgage which, in accordance with the provisions of the mortgage, has the right to demand insurance proceeds in the event of a casualty or loss to the property encumbered by said mortgage, waives the right to such proceeds if the proceeds are used pursuant to this Declaration to repair, replace or restore the property subject to the mortgage lien. If the proceeds of such insurance are insufficient to repair, replace or restore such damaged Improvements, the Board shall initiate an Improvement Assessment and submit the same to a vote of the members in accordance with this Master Declaration. Any reserves for deferred maintenance of damaged or destroyed Improvements may also be used for such repair, replacement or construction. If an Improvement Assessment is necessary to enable the Master Association to reconstruct Improvements, and is not approved in accordance with this Master Declaration, the Board shall cause the Common Property to be -31- e 1':iJn•.'W�:.f...x•...+u. :3`4•-;._ axiom: ._t> .. ..• . t e �'••_ eta -xo;.-.vf,•.�,yt'. . 4 °sem w '• .. t tea•` • +�. -� • • 1697 001198 _ BAN{M5 AhtK11 W. OR BOOK PAG restored as nearly as practicable to its former condition, using insurance proceeds, reserves and any Improvement Assessments that are approved. if any excess insurance proceeds remain, the Board may place them in a special improvement fund, add them to the general fund of the Master Association, or a combination thereof, unless the funds are demanded by the mortgagee holding any mortgage encumbering the Common Property so damaged. At any time after such damage, the Master Association may again submit proposed Improvement Assessments to the membership in order to enable it to ER reconstruct such Improvements, and if approved, the Master Association shall again restore and repair the Common Property to o its former condition, to the extent possible. O pe- PC o ARTICLS XII GENERAL PROVISIONS 12.01 Jnforaement. The Master Association, any Owner or the Declarant so long as the Declarant Membership exists, shall have the right to enforce these restrictions or any amendment hereto by proceedings at law or in equity, including the right to prevent the violation of any restrictions and to recover damages for such violations. However, no enforcement proceeding may be maintained by the holders of less than ten (10) votes in the Master o Association. With respect to assessment liens, the Board shall -D o have the exclusive right to enforce such liens. Failure of the 0 Master Association, any Owner or the Declarant to enforce any Fri to covenant or restriction shall not be deemed a waiver of the right to do so thereafter. 12.02 Severability. The invalidation of any one of the restrictions contained herein by a court of competent jurisdiction does not affect any other restrictions, which shall remain in full force and effect. 12.09 Tara. These restrictions shall run with and bind all of The Properties and inure to the benefit of the Association, any owner and the Declarant as provided above, for a term of thirty (30) years from the date this Declaration is recorded. These restrictions shall automatically be extended for successive periods of five (5) years unless terminated upon approval of seventy-five percent (75%) of all votes entitled to be cast for such termination. Such approval may be evidenced by an instrument signed by the holders of the required number of votes or by the Direct Vote of the holders of the required number of votes. In the case of a Direct Vote, the Association shall give Neighborhood Associations and all Regular and Limited Members entitled to vote on the termination written notice of the proposal to terminate the Declaration. The Neighborhood Associations shall hold satellite meetings and conduct Direct Voting on the termination. Each Neighborhood Association shall report the results of such Direct Vote to the Board within forty five (45) days after receiving written notice of the proposal. No such termination shall impair -32- ,4,1'1}'..s•.^r-+- •a:ti1..� -its:".•. °4'KK'`�,e`0.;JSr�p`4'.. •'• Rif: _,iZ� . • • -y'. r.D.ia�f,e..:-•';GIsw1 ''.��.`.sRrge'z+�i_!^ _ I ..-. . • ~ 7°"- '•_:V_. • _ «I'7".1i • 1697 1101199 OR BOOK PAGBARA:70ER FILE co.-1 � 1 the rights of any Owner to the use and benefit of any easements granted to such Owner herein. All Regular and Limited Members' which have votes allocated to them shall be entitled to vote on termination unless their voting privileges have been suspended or revoked as otherwise provided herein. 12.04 Tpt rpretation. The provisions of this Master Declaration shall be liberally interpretated to effectuate the purpose of creating a plan for the development of amenities for a high quality, mixed use residential/commercial community. The c maintenance, preservation and regulation of the Common Property is P a priority objective of this Declaration and the Master CD Association. The article and section headings are inserted for O ,p. convenience and should not be considered or referred to in pk o resolving questions of interpretation or construction. This Master Declaration shall be construed under the laws of the State of \\ Florida. Whenever the context of this Master Declaration, the Articles or By-Laws so require, the singular includes the plural and the plural includes the singular, and any one gender refers to any other gender. 12.05 Amendment. A. In addition to any other right of amendment or cn modification provided for in this Declaration, in which case d 0 those provisions shall apply, prior to turnover of control of a — the Association by Declarant, Declarant may modify, enlarge, G, cm amend, waive or add to the covenants, conditions, restrictions N and other provisions of this Declaration so long as the same do not substantially impair the general plan for development of Grey Oaks as outlined in the PUD. Not more than ten (10) days after request of the Declarant, the Association shall join in any such amendments or modifications and execute such instruments to evidence such joinder and consent as Declarant shall, from time to time, request. Failure to so join and consent to an amendment or modification, if any, shall not be cause to prevent such modification or amendment from being made by Declarant or to affect the validity thereof. B. After the turnover of control of the Association by Declarant, this Declaration may be amended upon approval of sixty percent (60%) of all votes entitled to be cast for such amendment. Such approval may be evidenced by an instrument signed by the holders of the required number of votes or by the Direct Vote of the holders of the required number of votes. In the case of Direct Vote, the Association shall give Neighborhood Associations and all Regular and Limited Members entitled to vote on the amendment written notice of the proposed amendment. The Neighborhood Associations shall hold satellite meetings and conduct Direct Voting on the amendment. Each Neighborhood Association shall report the results of such -33- • ,,..1;:" .=-=f'', _rr* - ".i-0•r26 to .;�•.•r;�, ..•.•,--.(..i,„*:.,....,'.•:•*..,.-- T. •:- •:- . * • ] ;>Y�,.,y= :;Kis •t,_ • _ e t 2 O O BARAN COLLEEN CO. OR BOOK PAGE 0 Direct Vote to the Hoard within forty-five (45) days after receiving written notice of the proposed amendment. C. Amendments for correction of scrivener's errors or other non-material changes may be made by Declarant alone until the turnover and thereafter by the Board of Directors of the Association alone without the need of consent of the Owners. D. Notwithstanding anything to the contrary herein contained, no amendment to this Declaration shall be effective a which shall impair or prejudice the rights or priorities of Declarant, the Country Club Owner, or the Other Clubs Owner, co under this Declaration or any other of the Governing Documents R without specific written approval of such Declarant, Country Club Owner, or Other Clubs Owner affected thereby. E. After the turnover of control, a true copy of any amendment to this Declaration shall be sent certified mail by the Association to Declarant with five (5) days of its adoption. F. Notwithstanding anything contained herein, Supplemental Master Declarations are not amendments and need cm be executed only by Declarant. 'v o G. Notwithstanding anything contained herein, c, "v Neighborhood Declarations are not amendments and need be rn ea9 executed only by Declarant. c 12.06 bttorney'a Bees. If any action is instituted to enforce \ or construe the provisions of these restrictions, the party prevailing in such action is entitled to recover from the other party as part of the judgment, a reasonable attorney's fee and the cost of such suit. If the Master Association is the prevailing party in such action, such attorney's fees and costs shall be a Special Assessment against the Owners and their Plots or Parcels involved in the action. 12.07 Withdrawal of Property. Any property that is submitted to this Declaration pursuant to Article III may be withdrawn therefrom by the Declarant (or by another Owner with the written consent of the Declarant) during the time it owns such property, provided that the right of such withdrawal shall not extend to any Plots within a Neighborhood in which any other Plots are then owned by members except with the consent of all Owners within such Neighborhood. 12.08 Creation of Community Development District. The Declarant reserves the exclusive right to establish pursuant to ti,:� Chapter 190, Florida Statutes, as amended, a uniform community At. development district (a special purpose local government) to -34- • 74; -- Z,.'4,`..-" ,-- Vz-'-'?.`..a- 1, . !4/13`#"$:,AXe.r �s.ir36 v.te: ..�A . a.. _ : ` A ar�vg��xa'g.q{ ♦ �,.{yam e -4r.'7. Wit.. • s ' +104. .•y- • _ . t ,„ - -. _ • • •r te'..., ; 's.. r • �:T . _ -'i t. •�� .. ... _ _s . _._ - - -a� t3._..Len.c-�'- 1_ _ - ____ - 1997 00t24t aalON OUTER co ME • OR BOOK PAGE service the lands within Grey Oaks and to transfer all or a portion of the Common Properties, and some or all of the responsibilities of the Association, to such district. If created, such district would have legal authority to impose property taxes and non-ad valorem assessments for the construction, reconstruction, establishment, acquisition, planning, equipping, operating, o maintaining, managing, funding and operation of certain public X/ — systems facilities, services or Improvements on lands within Grey CO v Oaks, The Properties and the proposed district, including Plots and 0 42- Parcels. By acceptance of a deed or other conveyance of property plc o within The Properties, each Owner gives full consent to the future establishment of such a uniform community development district, including specifically the inclusion of the Owner's Plot or Parcel within said district. 0 0 -13 rn CAD N 1 -35- wy 'Aai-r- :- A q 'gym,. -•. 1 ,ir f--':=-774"-- 1-4:s..' r✓ ,+� 5 NT •t i -A-.:.<'-`7%;ikNo :,4I-14V- 7."4.4-‘•Zc ,f 411100 1T iarNncs,.* + '` X=MFx.:'Xw- - gadta+..v' _.»w....«• ''j s%eye ✓.. > N j-z =anx�s s-+AW.•-• S .. Y•'',...c..,-,-4502was,+• •,ys.+5 KT z ea t—t 4' �."�'' a,�t"``� �,.. •=t.;,,,- �.•''T�' ...A - �:gx"Ta�'awq�4 44_7-,t,. c4,..,-,-...-:-,.. `.r..' li P . '+e:a''',a. 12&-z '*- x- r4""1 � t• f3 , Ya, 4 '-,,Z.-" ,::. `'�"� 3 140-,."1.-.. .y,•••=•.• � -•''''''-'''_ rs'fa-". `S -r-kx4K tir` -",. i .': . •1 1"6 9 7 p p { 2 Q 2 a. ,,, s,co. • OR BOOK PAGE iz: IN WITNESS WEERIOP, the HALSTATT PARTNERSHIP, a Florida General Partnership, does hereby execute this Declaration of Master Covenants, Conditions and Restrictions in its name by its undersigned authorized partners hereto this //W.. day of QA,r,i.. , 1992. LLOYD G. HENDRY, HAROLD S. LYNTON O and EDITH COLLIER SPROUL, (a/k/a Juliet C. Sproul), as Trustees of — the Edith Collier Sproul Trust p 'r under Agreement dated December 29, C19 44" 1969, and as confirmed by Agreement 7C c of Termination of Trusteeship dated C -1 22d;- June 7, 198 , Partner‘/ \ Witness S S' L /k4T o `�I.LOG. HENDRY, tee IF 4A i , ,I�.ytif o 0 W'n.t s • n _ Witngps HAROLD S. LYNTO, Trustee N. • V r',, is S 4 i3 Witness 'ITH COLLIER "•ROUL, Trustee JU$JitjV 4. PA tilt") (a/k/a Juliet C. 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KLq ! v , ,..1._""•:::74.: - ,'Ir,„--.i:::.:,..., ( _: v $. z "� m • ..- 7v+„- A� xeTE- 4,, , or .: L3`moic � {�sS_ ,: tee' ;• � 1b Ra ' c �. - -'. g .5'.7. = � • • = s ' ".y50ayr s1•, ir z: 4.,_ 7:t."7.',"'-,'"1.. a. c�rw rr� eiy.+ell tti rrafeai.-qt: ..qv-sFu ..+w;.Y3... ..a `A�,"' ' vr �,4'a'kr,' %`�*i�- is f.�• < " .z- g_- % • •... _;. ._ ;,-_ i _ toss $ r �F7 4 a �.3 �s $! a ya '' . . _ .._ , . I 6 9 7 wool,coL,. PACE OR BOOK s, HAROLD S. LYNTON, LAMAR GABLE and JULIET C. SPROUL, as Trustees for Juliet C. Sproul under the Will of Barron Collier, Jr., deceased, and as confirmed by Change of Trustees dated June 7, 1982, and filed June 15, 1982, in Probate No. 76- 33, of the Probate Records of Collier County, Florida, Partner tiLdA1A.1 01 Aildtiet.ifr By:-.-_ ...., C) Witness HAROLD S. LYNTON;Trustee oS.4 ) L.inAlmeo co — twig Mar .....1 i , C) 'P'. . . . I , fi i ve f.4 By: Nell . 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'''' .7 7.V' .' -' - -' • - . , • a ; • t 69't 00 i 204 fintill COLLIER CO, t OR BOOK PAGE ?IT 0 STATE O j` COUNTY OF ()4II,_'iw.! The foregoing instrument was acknowledged before me this U)4... day ofq,•t•c.k. 1992, by LLOYD G. HENDRY, Trustee, who is persona ly known to me. , S.:k. ..(Affix Seal) 4 ' .St.,.yC#,J o . .• •••tom Signature_of Persian Taking Acknowledgment Xi 72 F- 0 .c (x: I t>n,;'�lj CO -.t C-! ' •_ Name of Acknowledger Typed, Printed or Stamped O �- _, C. t pc o ,t Title or Rank '1' COMM. AA 7}$/}15 "Ns. Serial Number, if any My Commission expires: STATE OF ROTARY PUBLIC STATE M nAR1DA COUNTY OF j{n! MY COMMISSION EXP. APR.16.I(94 BONDED TRRD GENERAL INS. IND. The foregoing instrument was acknowledged before me this Alsta day of A4�.�,�, , 1992, by HAROLD S. LYNTON, Trustee, who is personally known to me- CD CD • - • • -7 0 •.... (Affix seal) r. — Signature f Pers Taking Acknowledgment rn co ,:i..-'. J * � , Name of Acknowledger Typed,Printed or Stamped \ t` Title or Rank temM. M-6106- ... Q i5 Ot5.. Serial Number, if any My Commission expires: STATE OF NOTARY PUBLIC STATE OP MINACOUNTY OF I E'• MY COMMISSION EXP. APR.I60994 SONDES TNRU CENIRAI. INS. UKD. The foregoing instrument was acknowledged before me this RM., day of S,.a.l.. , 1992, by EDITH COLLIER SPROUL, (a/k/a Juliet C. Sproul) , Trustee, who is personally known to me.er---whe hs.r=od., e — (Affix Seal) a-+L.. �,,,z.,,,...:.,...' ,, ' Signature of Person son Taking Acknowledgment ~' C O 11t - Name of Acknowledger Typed, Printed or Stamped i C 7. Title or Rank � .„ -. &MM.* AA"51015" Serial Number, if any i- My Commission expires:- -38- NOTARY TIMIS STATE ar EMMA NY COMMISSION EXP.APD.15,1194 9CKDED TRRD GENERAL IRS.ORD. M G +t • =• IS'''- •X�8' `.FCl3:a+'e.+'Sna.�-•- .af '>rT > . _.. • n . • ~ _ 4 a '?,-.1,4.-,5,.--,...-4". •.;4.*::,......ate ' :'..•'f,I - `tAr 'r-As qY:+•i a, t _ _ • _ _ • _ �CIa��T6,,i...t•ti_.'- 9 zr^. ,.•..%I..k -'c'�`-.Plx, . _ ,._. f f... h. s •Y w- .- . - C <•: ; of t• J A1E• •li.�L t.4 - ._.. ., .a_ 114 . • 1697 001205 OR BOOK PAGE DAMON COWER co:- D STATE OF. 14,+ COUNTY OF ejai.aou The foregoing _, 1992, by LAMAR GABLE, Trustee, who is personally known to me. ,15 . (Affix Seal) O . •-:,•... ......... Signatur of�Per n Taking Acknowledgment M _ If./' ''3 : &,a I I QA i'Ik►. ca Name of Acknowledges Typed, Printed ar Stamped e • . • • � ' %sRank Title or R i' -� a MMt•eE kft 7.58015- < Serial Number, if any \ My Commission expires: - OTA PUBLIC STAT?OF FLORIDA +1.HNY C'.ACIISS10M EXP.APR.16,190A STATE OF +7 ,1.dL w. WINDED TUE GENERAL INS.• Inn. COUNTY OF e444,s,a, o The for oing instrument was acknowledged before me this /fc$ o day of A4444& , 1992, by JULIET C. SPROUL, Trustee, 3s who is personally known to me- m c \ao (Affix Seal) ?I-/ + ';�<" ' Signature of Person Taking Acknowledgment ;;I7 : Ga:I $M;1•It. s." . ,'•..a\ Name of Acknowledger Typed, Printed or Stamped -•;c ;) t -1. :,; 1 -a 3 '•:„ Title or Rank enal01.1* ft* "7570/S fi-''.i� ..• . Serial Number, if any My Commission expires: 1011W PUBLIC STATE Cif FLORIDA NY CDIQ/ISSIOX UP. APR.16,1994 1RMDID MU GEIIERAL INS.UMD. (110 7H -39- ._ f ..--_ .;..,....•,:r..1.-....... ‘.} T '• -, Y. c?• '-.5 Yl:d } 3 ;•yMh ab^a.• ... ▪ .ms t. "2+z'..� �a .,.,1-:K-�' .. •-• -.. . .,5:A.: : -'. -_ c11 IIi.• ,64.a•- .e4'...a-.;..y:. •r<.r••' • ..tZL ._...• a r:r.• '' .ai �1111 Y�v.�,,.s{ � i:. ,- fes, a?� - ; a. if~@3V•v ;,-...-4a,0,...-.,3 r -.0.,7-0,.....,e-N..,-is;Y::%.. r ,-•, 1 1 -• ,..r...;-;.t.4 ...........,.-•.--- a tc -- e.er ti r -C:,- .-... .24T'.• _ `.'`.`-. - _ ,N� •FO{-* - .F.. Y'_at.' • a.M K^ - _-7-Z-: ire .moi "'TL �. =G.i a+: ^ :OP, oltr..3 s....ra +'}',0 v *., e-v‹.44i a-••.r«c... •: ::.:tea � s a ,_ . -• ,^_ _ � '� " __ '+v'. w:-.•dl.44•ap; J-r3war i✓. '.r1 • _ - - .•.?i s. 3 ' '};e` `.-{, L �. eat < 4 ,.A.? - r:- • K �`91tf`-!` !r'Rm-'.°'?4�Q•N' 1ei$ �+'xr! $ ..'.K... .,+.w : . eAsa.<:. - _ '�• _ e ..•- _ atcz.4 • - r - g - 'kV-, . :keI`Y »".•,^ acs^'is`s - x,.4.. •0..„ 1 BARRON COWER CO • 171'� � Isar fl .! - OR BOOK PAGE 0 JOINDER First Union National Bank of Florida, a National banking association, as Mortgagee of that certain Mortgage on the property described in Exhibit A, which Mortgage is recorded in Official Record Book 1683, Pages 2124 through 2149, inclusive, of the Public Records of Collier County, Florida, hereby joins in the execution of this Declaration of Master Covenants, Conditions and Restrictions for Grey Oaks and by said Joinder agrees to subject themselves, their successors and assigns to the provisions of this Declaration of Master Covenants, Conditions and Restrictions for Grey Oaks. Witnesses: = ) First Unio National Bank of Florida ® ``2 , � .S, By: /_mss '��* Ur Nora 191-4-12-41 °P.-1-44-444-1.' Its: V,,4e (j-?fs/Vv.-Vi- e •pait;i651r1.)1C,• ,i CO e•tdfle.X. C3 CM � (Carp Eor., ./� Seal) � CO Attest• �"/7 i STATE OF FLORIDA COUNTY OF COLLIER The $q,r ego i g instrument was ackno edge4.be orq m�e this IS day felt L 1tC , 1992, by A-0? 1`-1t 11tt-. , as N tc.0 { kgS,i of First Union National Bank of Florida, a national banking association, on behalf of the corp ration. He/she is personally known to me or has pr... ed kr.. L. as identification andfdjrd of t an • _ (Affix Seal) �J X41:�� :,. ;y S>gna'`ref on ± nknowledgment Oa l • 't.= 14. Name of A knowledger Typedri. -• or Sta ped N10T - ,ARy i r ` , 'pij-ti_ Title or Rank PnMM•if AA oaa 557 �`•'"".^ Serial Number, it any 2=HI rra&Y P09L G STA OF ORd uJr s MY CONNISSION EXP.tMR.1O.1995.. BONDED TRU GENERAL INS. UN). 40 acs:c ..-cr. -.?•-•,•:s.., -,....:7:4,,,:,,,,!....•^r4 _ • . .,yy '',..-k,"--'•;•„; _ -. - • "? - v _va ' .r • 1,-.a_ - '4.4' s... .• .2..1 .� . N y y 11 1697 001207 • OR BOOK . P• AG falIDIT "A" - • GREY OAKS UNIT ONE • T 1 ALL THAT PART OF SECTION 24. TOWNSHIP 49 SOUTH. RANGE 25 EAST. COLLIER COUNTY.'FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 240 THENCE ALONG THE NORTH LINE OF SAID SECTION 24. SOUTH 86'08'55" EAST 100.16 FEET TO A POINT ON THE EAST LINE OF A 100 FOOT CANAL RIGHT-OF- WAY (O.R. BOOK 154. PAGE 6) . PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, THENCE ALONG SAID EAST LINE. SOUTH 01'22'37" EAST 2719.48 FEET TO THE NORTH LINE OF THE SOUTH 1/2 OF SAID SECTION 240 THENCE LEAVING SAID NORTH LINE CONTINUE ALONG SAID EAST LINE OF CANAL RIGHT-OF-WAY. SOUTH 01'34'40" EAST 87.65 FEET TO THE POINT OF BEGINNING OF THE DESCRIPTION OF LAND PLATTED: THENCE LEAVING SAID EAST LINE. EASTERLY. AND SOUTHEASTERLY 420.37 ' FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE TO coTHE SOUTHWEST. HAVING A RADIUS OF 462.49 FEET. THROUGH A CENTRAL m ANGLE OF 52'04'4O11 AND BEING SUBTENDED BY A CHORD WHICH BEARS . SOUTH 65'32'20' EAST 406.05 FEET. CD THENCE SOUTH 39.30'00' EAST 390.13 FEET: o THENCE SOUTHEASTERLY AND EASTERLY 462.12 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTHEAST. HAVING A RADIUS OF 623.00 FEET. THROUGH A CENTRAL ANGLE OF 42'30.00" AND • BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 60.45.00" EAST 451 .60 FEET. • THENCE SOUTH 82°00'00" EAST 113.58 FEET; THENCE EASTERLY AND SOUTHEASTERLY 170.90 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTHWEST. HAVING A RADIUS OF 459.00 FEET. THROUGH A CENTRAL ANGLE OF 21'20'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 71'20'00' EAST 0a 169.92 FEET' THENCE SOUTH 60'40'00" EAST 174.40 FEET: O THENCE SOUTHEASTERLY. EASTERLY AND NORTHEASTERLY 39.27 FEET ALONG - m THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTHWEST. cC HAVING A RADIUS OF 25.00 FEET. THROUGH A CENTRAL ANGLE OF 90'00'00" • AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 74'20'00" EAST 35.36 FEET: THENCE NORTH 29'20'00" EAST 67.03 FEET: _ THENCE NORTHEASTERLY 266.12 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTHWEST. HAVING A RADIUS.OF 558.00 FEET. THROUGH A CENTRAL ANGLE OF 27'19'31' AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 15'40'14' EAST 263.60 FEET TO A POINT ON SAID CURVE: THENCE LEAVING SAID CURVE. SOUTH 87'59'31' EAST 84.00 FEET: THENCE SOUTHWESTERLY 158.14 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTHWEST. HAVING A RADIUS OF 642.00 FEET. THROUGH A CENTRAL ANGLE OF 14'06'47" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 09'03'52' WEST 157.74 FEET TO A POINT ON SAID CURVE' THENCE LEAVING SAID CURVE. NORTH 89'30'00" EAST 205.80 FEET: THENCE NORTH 00.30'00" WEST 375.57 FEET: THENCE NORTH 89'30'00" EAST 565.00 FEET: THENCE NORTH 61'00'00" EAST 119.61 FEET; THENCE NORTHEASTERLY AND SOUTHEASTERLY 93.70 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTH. HAVING A RADIUS OF 108.46 FEET. THROUGH A CENTRAL ANGLE OF 49"30'00' AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 85'45'00" EAST 90.81 FEET+ THENCE SOUTH 69'30'00" EAST 49.97 FEET; THENCE SOUTHEASTERLY 93.31 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTHWEST. HAVING A RADIUS OF 104.83 FEET. THROUGH A CENTRAL ANGLE OF 51'00'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 44'00'00" EAST 90.26 FEET. Page 1 of 3 _• _ r a - SS t"' ... 1 6 -• `" l 01:? Q 8•- • ` • .OR BOOK • PAGE'. • THENCE SOUTH 18.30'00' EAST 228.97 FEET: THENCE SOUTH 12.00'00' WEST 341 .25 FEET: THENCE SOUTH 47.00'00' WEST 195.77 FEET: THENCE SOUTH 72'00'00' WEST 187.62 FEET, THENCE SOUTH 89`30'00' WEST 198.66 FEET: THENCE NORTH 00.30'00" WEST 102.00 FEET: THENCE NORTH 79.30'00' WEST 310.14 FEET: THENCE SOUTH 16.30'00' WEST 58.64 FEET' THENCE SOUTH 89.30'00" WEST 369.27 FEET: THENCE SOUTH 29.20'00' WEST 71 .54 FEET: THENCE NORTH 60.40'00' WEST 84.00 FEET: THENCE NORTHEASTERLY. NORTHERLY AND NORTHWESTERLY 39.27 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 25.00 FEET. THROUGH A CENTRAL ANGLE OF 90.00'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 15'40'00" WEST 35:'36 FEET: THENCE. NORTH 60.40'00' WEST 174.40 FEET: THENCE NORTHWESTERLY 126.22 FEET ALONG THE ARC OF A TANGENTIAL 1:=0CIRCULAR CURVE CONCAVE TO THE SOUTHWEST. HAVING A RADIUS OF 339.00 • CCf FEET. THROUGH A CENTRAL ANGLE OF 21.20'00' AND BEING SUBTENDED BY Q. A CHORD WHICH BEARS NORTH 71.20'00' WEST 125.49 FEET: THENCE NORTH 82'00'00' WEST 113.58 FEET: THENCE WESTERLY AND NORTHWESTERLY 551.13 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTHEAST. HAVING A RADIUS OF 743.00 FEET. THROUGH A CENTRAL ANGLE OF 42'30'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 60.45'00" WEST 538.58 FEET: THENCE NORTH 39'30'00' WEST 324.29 FEET: THENCE NORTHWESTERLY AND WESTERLY 73.00 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTHWEST. HAVING A RADIUS OF 99.24 FEET. THROUGH A CENTRAL ANGLE OF 42.08'37' AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 60'34'19' WEST co 071.36 FEET' THENCE NORTH 81'38'37' WEST 60.27 FEET: CO THENCE WESTERLY AND NORTHWESTERLY 102.34 FEET ALONG THE ARC OF A CC TANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTHEAST. HAVING A CD RADIUS OF 146.55 FEET. THROUGH A CENTRAL ,ANGLE OF 40.00'37' AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 61'38' 18' WEST 100.27 FEET' THENCE NORTH 41'38'00' WEST 50.00 FEET' THENCE NORTHWESTERLY 86.21 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTHWEST. HAVING A RADIUS OF 148.45 FEET. THROUGH A CENTRAL ANGLE OF 33'16'25' AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 58.16'12' WEST 85.00 FEET TO A POINT ON SAID CURVE AND A POINT ON SAID EAST LINE OF 100 FOOT CANAL RIGHT-OF-WAY: THENCE LEAVING SAID CURVE ALONG SAID EAST LINE. NORTH 01'34'40" WEST 121 .79 FEET TO THE POINT OF BEGINNING OF THE DESCRIPTION OF LAND PLATTED: BEARINGS ARE BASED ON THE NORTH LINE OF SAID SECTION 24. TOWNSHIP 49 SOUTH. RANCE 25 EAST. COLLIER COUNTY. FLORIDA. BEING SOUTH 88.08'55" EAST' SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. CONTAINING 22.18 ACRES MORE OR LESS. tom• •,�� PCA C` • • • J Page 2 af.3 - • • `-Y'.9 L'TEF 1fitE• y -•CS'ee�v •t _ �. . _ a.. v f 6�`� .w-raWp. ,a 5..' .. _. v • • 1. 1t r - -`a„ y • 6 �. tf-AyJ�ro -_♦ .. b �a..r Sc •q J�Y3 _ tiKt. .4 _�. ...' a _ f � I T 4 0 Q01802 OR BOOK PAGE AND GREY OAKS UNIT TWO All of GREY OARS UNIT TWO according to the plat thereof in Plat Book 19, Pages 37 through 40. inclusive. Public Records of Collier County, Florida. ✓ I ✓// •Mv us WM.mu. iEA Page 3 of 3 ',......3,1•....i....*, '' ` lYs k. .# 3l .1 n ,-•. `SAiif,,,4�i i••FS ••.s�n: - Lit•_... ',Y.� , `'•' a •-ate .«e X3c_ •,-- .`+3-£:w_'-`S- •-,:a.+:.xi'-'.eT.-.:-•• `M7'..- .. •�6_ys-. r. - .,,,c-w`;''"--:----,i4,-i '4 Y't�i• , -��.w� ? >i. t • ' ,- '7,-,;•L .c's1-.••••••,,,,I,; f A .7 �,Y �: �.•.:a5 - ac fi;s, rd Z'h..st- - ;.�.:. r�- ,o.,,. y.. 1 ..4x6 S{ J -....". $R' .aC_ 5=Y ,- ] _ . •' .t ..\Y'he4,- • z- ko ac-. ,:e-X1-114-1.e.*4 y-WW," y,;. '4 '�` ,V`' r •• , 1 - r`T ....-xi.k. .. .c. r^r. YL A,''''Ca.G` fau..w.�.� :�`a1.Vi.`"�`...... .. . - 2798149 OR: 2828 PG: 0189 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 05/21/2001 at 09:41AK DWIGHT B. BROOK, CLERK RBC FEE 141.00 INDItING 4,00 Retn: CHEM PASSIDOKO RT AL 821 FIFTH AYE S #201 NAPLES FL 34102 AFFIDAVIT STATE OF FLORIDA COUNTY OF COLLIER On this day personally appeared before me. an officer authorized in the State and County aforesaid to take acknowledgments and administer oaths.the undersigned,v,ho after being.by me first duly cautioned and sworn, upon oath deposes and says: 1. The undersigned is the general partner of The Halstatt Partnership. a Florida general partnership. which is the "Declarant" of the Declaration of Covenants. Conditions and Restrictions for Isle Toscano(the "Declaration"). _. The undersigned hereby certifies that attached hereto as Exhibit "1" is a true and correct cops of the Declaration as recorded in the Public Records of Collier County. Florida. 3. Exhibit "A" to the Declaration. which was inadvertently not attached to the recorded Declaration, is now hereby attached as Exhibit "A" to the attached copy of the recorded Declaration. FURTHER AFFIANT SAYETH NAUGHT HAROLD S. LYNTON. JULIET C. SPROI'L. and KATHERINE G. SPROUL. as Trustees for JULIET C. SPROUL under the Will of Barron Collier. Jr.. deceased, and ..!s confirmed by Change of Trustees dated June 15, 1993. and filed June 22. 1993, in Probate No. 76-33,of dhe Probate Records of Collier County. Honda, Partner Witness: HAROLD S. LYNTON.'Trustee Print Name: 1 t z Y Y , Witness: Print Name: - EXHIBIT"E" _ /;-/ _--• OR: 2828 PG: 0190 x`rA ` 1 ' ` ` s . . /��.- Az _/ 1L Witness: •LEA ANN KORN -duLIET C. SPROtdI... Trustee Print Name: f- Witness: Print Name: =ORIS J. ! EWIS Lt cat `Nitness. LEA ANN KORN KATHERINE G. SPROUI..Trustee Print Name: k. Witness: Print Name: DORIS J. I EWIS STATE OF COUNTY OF This foregoing instrument was sworn to and subscribed before me this_day of_ 2001,by HAROLD S. LYNTON.as Trustee for Juliet C.Sproul under the Will of Barron Collier.Jr.. deceased, and as confirmed by Change of Trustees dated June 15. 1993. and filed June 212. 1993. in Probate No.76-33,of the Probate Records of Collier County.Florida.who is personally known to me or who has produced his as identification and who did not take an oath. Notary Public Print Name: • My Commission Expires: __.._.. O FICIAL NOTARY SEAL CAROLYN A SHAW NOT:kRY PUBLIC STATE OF FLORIDA COMMISSION NO.CC866300 +>Y COMM t'St(N EXP.SEP P 25 w OR: 2828 PG: 0191 STATE OF Ft L•. , ,C. COUNTY OF Cc t t I c This foregoing instrument was sworn to and subscribed before me this t c ( day , of 1)14 . 2001. by JULIET C. SPROUL. a: Trustee for Juliet C. Sproul under the Will of Barron Collier.Jr..deceased.and as confirmed by Change of Trustees dated June 15. 1993. and filed June 22, 1993. in Probate No. 26-33. of the Probate Records of Collier Counts. .rI :.onda. who is personally known to me or who has produced her as identification and who did not take an oath. „.0:04.;,. " A , My cIOatMrtMDts.DtoANTSON cxneon 1,..731 eo7' ` February 19.7002h% � « ThriNmvyPuoOi Sms!, Notary Public Print Name: My Commission EKxIpMireDs. DAVIDSON STATE OF F 0 r:.t ti'C, COUNTY OF Cest6 c';" This foregoing instrument was sworn to and subscribed before me this day of 11; 4. 2001,by KATHERINE G.SPROUL,as Trustee for Juliet C. Sproul under:he Will of Barron Collier. Jr., deceased,and as confirmed by Change of Trustees dated June 15. 1993. and filed June 22. 1993. in Probate Nc. 76-33.of the Probate Records of Collier County. Florida.w ho_is personalty known to =sir who has produced her as identification and who did not take an oath. , ._ ) /j,r...) ,,, ,...... (,, iii _,,,, .: „...., Notary Public .ii, KIM D.DAVIDSON Print Name: KIM a DAVIDSON My COMPASSION r CC 718075 46 DOMES:F.r»,,.yla.zoo¢ My Commission Expires: ' 4' Bonded rico New Pit 4c i FAWPDOCSAR[:Vialsfan\Gtcy t).ks\attorney attidrvu • s DECARAnCeilkir is i - .r r. kr,,. :1-1.t;. . , .. \yn ar1.t.-vx ,i MS r NO GOOD THIS DECLARATION is made tristettary of� . 1998 by THE HAL-WATTPARTNERSHIP, hereinafter caned "Declarant" t ARTICLE i == STATEMENT OF PURPOSE These are the "Neighborhood" Restrictive Covenants that will apply to Isle Toscano, single family res denial development planned by the Declarant to he located within Grey Oaks. E These restrictions are designed to preserve and enhance the property values and amenities within Grey Oaks and me intended to be suppeaaentat to any local government restrictions applicable to pvpeity subjected to this Neighborhood Declaration. such as Zoning Ordinarnxs. Water t: Mttuagnaae t Permits, the DRI Development Order 90-3 and the Planned Unit Development document for Grey Oaks atsachsd as an exhibit to the DRi Development Order. These restrictions ago are also supplemental to the Declaration of Master Covenants, Conditions and Restrictions for Ithey Oaks recorded in Official Records Book 1697. Page 1167, Public Records of Collier County,Florida(the"Master Declaration"). Terms which are defined in the Masser Declaration shall have the same meaning herein as in the Master Declaration, unless such term has a different rime 'V definition in this Neighborhood Declaration. in which case the definition in this Neighborhood :At I Declaration shall apply. ARTICLE II o=1 sea" 1E DEFINITIONS _ _ 2 ate......) The following words when used in this Declaration of Covenants, Conditions and o0 e�'.s A I Restrictions(hereinafter called "Neighborhood Declaration") have the following meanings: b 2.0E Ardries means the Articles of Incorporation of the Neigh:orhood Association. 2.02 on means the Isle Toscano at Grey Oaks Homeowners Association, Inc.. o CZO = whose purpose is to administer the Neighborhood in accordance with the provisions of this , 1 g Neighborhood Declaration and the governing documents of the Neighborhood Association_ W t F. 2.03 Emard means the Board of Directors of the Neighborhood Association. 1 I 4 3,06 I:v-LIry means the By-Laws of the Neigftburitoot!Association. glii 1 EXHIBIT "1" Order: Grey Oaks Description: 2643.1800 Page 1 of 27 CcrmmCat: • OR: 2643 PG. 1801 2.05 flealarnet means the Halstaa Partnership, a Florida genera; partnership, and its successors and assigns,provided,however that any tights specifically reserved to Declarant in any instrument of conveyance shall not inure to the benefit of its successors or assigns unless such rights are subsequently released in a recorded instnlment. The Declarant may assign or pledge any or alt of its rights reserved under the Governing Documents, as defined below. by an instrument of conveyance or assignment. Unless otherwise agreed in such conveyance or assignment,such conveyance or assignment shall not be deemed to be an assignment of any of the Deciarant's obligations, except from and after the date of actual exen;.ise of such powers by the assignee, and then only as to such obligations that are incident to the exercise cf such powers. Declarant includes any Mortgagee who acquires title to property within the Neighborhood by foreclosure or conveyance in lieu of foreclosure. 2.06 undegineat means ail property legally described as set forth in Exhibit "F." attached to this Neighborhood Declaration, this term being sometimes used interchangeably with the "Neighborhood". 2.07 Dwelling Unit means a detached building situated in the Neighborhood designed and intended for use and occupancy as a residence by a single family. 2.05 &handgun means an institutional Lender who holds a first mortgage on a l.►t and who has notified the Association in writing of its holdings. 2.09 Governint Dersstnents means this Neighborhood Declaration, the Articles. By- Laws, and any Rules and Regulations. 2.10 101011111101181.14subte means one or more commercial or savings banks,savings and loan associations,mortgage companies,insurance companies,holding companies.pension funds, o> or business trusts including but not limited to real estate investment trusts, and any other lender __ engaged in financing the purchase, construction, improvement of real estate, or any assignee of 11'.., loans made by such lender or any private or governmental institution which has insured the loan cc, of the lender or any combination of the foregoing entities to include w ithout limitation,an agency oo of the United States Government,Federal National Mortgage Association(FNMA),Government .- National Mortgage Association (GNMA), Federal Home Loan Mortgage Corporation, the G� Administrator of Veterans Affairs(VA),or Federal Housing Administration(FHA), Federal or o State agencies,and other similar insurers and guarantors of mortgages, or other lender generally recognized as an institutional type lender, or the Declarant holding a mortgage on any of the w property or the Lots, and insurers or guarantors of same. This will also include the successors and/or assigns of the above entities. 2.11 lag means that portion of land in the recorded plat of the Neighborhood or which has otherwise been designated by the Declarant to contain a Dwelling Unit, with the exception of the Neighborhood Common Properties. 2 .let MurAt+t Order: Grey Oaks Description: 2643. 1800 Page 2 of 27 C""" nt: • • OR: 2643 PG: 1802 2.12 Mac means all owners who are members of the Neighbo1lood Association as provided in Article IV, Section 4.01 hereof. 2.13 Didagonshansi means all such existing Neighborhoods and additions thereto,as are sabjeet to Chir Neighborhood Declaration. Initially.that property described on Exhibit "A" shall constitute the Neighborhood. 2.14 ridikkedkaggismagaga means those areas of land that have not been designated as a Lot,as defined herein,as well as any additional parcels of land the Declarant may from time to time designate as Neighborhood Conunon Properties. 2.15 Qate_Saget means those areas of the Neighborhood which constitute open arra. clear from die ground upward and devoid of residential buildings, accessories, structures and impervious areas except buildings used exclusively for recreational purposes. 2.15 (bone moans the record owner, whether one or more persons or emitxs.of the fee simple title to any Lot in the Neighborhood. 2.17 ZOO means any and all rules and regulations of the Neighborhood Association pmmulgMed by the Board. 2.11 figginlagelly means one or more persons occupying a Dweiting Unit and maintaining a household as one familial unit. 2.0 Duiag>ar means that date following conversion of Class B votes to Class A votes upon which die Declarant conducts a special meeting of the membership for the purposes of election of officers and directors, as set forth in Article IV of this Neighborhood Declaration. - - ry 2.20 ligloggundigg means a Lot owned by the Declarant for which a certificate of -r; occupancy or completion fora Dwelling Unit has not been issued by the appropriate go•'ennuental o0 anreiotity or.which has not been conveyed by the Declanutt to a Class A member. ARTICLE 111 1111E NRIG®ORDOOD 3.11 . The real property which is initially made subject to this Neighborhood Declaration is described on Exhibit "A", attached hereto and made a part hereof. 3.02 . Additional lands may be subjected to this Neighborhood Declaration in the following manner: A. Declarant has the right, without further consent of the Neighborhood i Association or any Owner, to bring within the plan and operation of this Neighboibood 3 worms cools cum ars O .� Order: Grey Oaks Description: 2643.1800 Paget 3 of 27 Comment: OR: 2643 PG: 1803 Declaration all or any part of the property within Grey Oaks which meas the criteria of Section 10.01.8. of the Master Declaration. Any additions under this Article shall he made by recording a Supplemental Neighborhood Declaration with respect to the additional property, which shah extend the operation and affect of the Neighborhood Declaration to such additional property. Such Supplemental Neighborhood Declaration must he executed by the Declarant and contain the joinder of the owner of such property, if the Declarant is not the owner. The Supplemental Neighborhood Declaration may contain such additions to and/or modifications of the covenants contained in this Neighborhood Declaration as may be determined by the Declarant,provided that such additions and/or modifications are not substantially inconsistent with this Neighborhood Declaration. B. Upon approval of the Neighborhood Association.pursuant to an affirmative vote of the holders of two-thirds of all votes entitled to be cast, the owner of such other property who desires to add it to the plan of this Neighborhood Declaration and to subject it to the jurisdiction of the Neighborhood Association, may record a Supplemental Neighborhood Declaration with respect to the additional property, which shall extend the operation and effect of this Neighborhood Declaration to such additional property. ARTICLE IV THE NEIGHBORHOOD ASSOCIATION: MEMBERSHIP AND TURNOVER 4.01 Monflaeshla. Every person or entity who is a record owner of a fee or undivided fee interest in any Lot in the Neighborhood is automatically a member of the Neighborhood Association. A membership terminates when a member's vested interest in the fee title terminates. 4.02 Y1 na Ri>m*. The Association has two classes of voting membership: A. Class A. Class A members are those owners as defined in Section 4.01 cv with the exception of the Declarant. Class A members shall be entitled to one vote for each Lot in which they hold the interest required for membership by Section 4.01. When more o0 than one person holds such interest or interests in any Lot, all such persons shall be 'b members, and the vote for such Lot shall be exercised as they among themselves - - determine, but in no event shall more than one vote be cast per Lot. The Board of Directors shall establish procedures for voting when the title to a Lot is held in the name of the corporation or more than one person or entity. --t-T' B. glass B. The Class B member is the Declarant. At all times prior to expiration of the Class B member,as provided herein, the Class B member shall have the same number of votes at any meeting in which votes are to be taken as is held by all other Class A members, plus one. The Class E membership shall terminate and be converted to Class A membership upon the happening of the earlier of the following: 4 tLeft• ti titsysEi Order: Grey Oaks Description: 2643. 1800 Page 4 of 27 Comment: OR: 2643 PG: 1804 1. When the Class 13 member no longer owns any Lois in the Neighborhood for development or for sale in the ordinary course of business; or 2. When the Declatun' in its sole discretion, voluntarily converts its Class B membership to Class A metnbership. Front and after the happening of the earlier of these events, the Class B member shall be deemed to be a Class A member entitled to one vote for each Lot in which it holds the interest require for membership under Section 4.01. If Isere is more than one Class B member, each Class B member shall cast their vote as they may among themselves determine, and in the absence of any such agrceanent,each Class B member shall be entitled to cut a number of votes equal to(i)a fraction, the numerator of which is the number of Lots owned by such Class B member and the denominator of which is the number of Lots owned by all Class B members, times(ii)the number of votes held by all other Class A members, plus(iii)one divided by the number of all Class B members. 4.03 Turnover. Within ninety days after the happening of the events described in Paragraphs I or 2 of Section 4.02.B., the Neighborhood Association shall conduct a special Limiting of the memberships(hereinafter called "Thrnover Meeting") for the purpose of electing officers and directors. Upon turnover of control of the Neighborhood Association,and such other masters to be undertaken to accomplish and effectuate the purposes of turnover**provided herein. the Neighborhood Association shall enter into a turnover agreement with Declarant. which shall be binding on the Neighborhood Association an all Members and Owners thereof which shall include, without limitation, the following provisions' A. Any and all disputes, claims, demands and controversies between the c=, Neighborhood Association (including members and owners) and Declarant shall be _ - - submkted to mediation or settlement negotiations prior to any litigation being brought by CYO the Neigl*orr ood Association against Declarant. All such mediation or negotiations shall ^' 00 be undertaken pursuant to the Bylaws and Articles of the Neighborhood Association. The ,tet intent of this paragraph is to require bona fide negotiation and attempt at settlement prior to the initiotion of litigation. B. The Neighborhood Association shall assume all repair and maimenance �o obligations with respect to Neighborhood Common Properties.Open Space, and any and (=is, all improven.ents,equipment and facilities located thereon,and shall keep of such in good condition, maintenance and repair. Any and all engineering or inspection reports contracted for by the Neighborhood Association shall be cert:;:-s1 to Declarant, and the Neighborhood Association shall inform any engineer or inspector of such requirement prior to the issuance of such report. 5 Order: Grey Oaks Description: 2643. 1800 Page 5 of 27 Comment: • OR: 2643 PG: 1805 C. )Regardless of anything herein to the contrary,the Declarant shall have the right to:last or appoint one Director for a period of two (2) years after Turnover. The intent of this paragraph is to ensure communication between the Neighborhood Association and Dectartnt of questions, concerns, disputes and claims and to attempt to resolve same through such communication. 4.04 AdigitkiliallunliwkiPSAMiadia. The Bylaws may provide for additional membership categories, which categories shall not have any voting privileges. The term "Member" or 'Membership' as used in the Governing Documents shall not apply to any such additional membership categories. The Bylaws shall provide for the rights and obligations of any additional membership categories. ARTICLE V NEIGHBORHOOD COMMON PROPERTIES 5.01 AligualgegLEmoggicittEggoymeni. Every member, his agents, licensees and invitees, shall have a permanent and perpetual non-exclusive easement for the use and enjoyment of the Neighborhood Common Properties, and each easement shall be appurtenant to and shall pass with tieie to every Lot. Such easements of enjoyment shall include, but not be limited to, the Members' right of ingress and egress over the streets. roadways and walkways on the Neighborhood Common Properties for outposts of access to a Lot. The Neighborhood Association may suspend the rights of any Member to use the Neighborhood Common Property for any period during which any assessment against such member's Lot remains unpaid and delinquent, and for a period not to exceed thirty (30) days for any single infraction of the rules of the Neighborhood Association. Any suspension of such right to use the Neighborhood Common Property, other than for failure to pay assessments, shall be made in accordance with the By-Laws and after notice and hearing in accordance therewith. - 5.02 tv Q4 A. The Owners of the Country Club and Other Clubs(if any) (as such terms 'b` are defined in the Master Association),the members of such clubs,their family members. _ - - guests, invitees and lessees, the players or users of the golf course, tennis courts, or other recreational facilities which are part of such clubs, and the spectators a:tournaments(the "Visitors") shall have a perpetual non-exclusive easement in their favor to use the Neighborhood Common Property for all n"•rmal purposes, including, but not limited to. ingress and egress and for the furnishing of services and facilities and for such other purposes for which the same are reasonably intended in accordance with the terms of the Master Declaration. However, this easement as it relates to the use of the Neighborhood Common Property by members of the Coentry Club or Other Clubs or Visitors shall be only as to that portion of the Neighborhood Common Property necessary for their use. Any disputes as to what constitutes a normal purpose or what portion of the Neighborhood Common Property is necessary for their use. shall,during the terns of this Declaration, be 6 waves Order: GreyOaks Dt:acripts.on: 2643. 1800 Page 6 of 27 Commmbnt. OR: 2643 PG: 1806 determined by Declarant(even if the Class B Membership expires prior to expiration of this Neighborhood Declaration), in its sole and absolute discretion. B. The Declarant of the Neighborhood Association, by a vote of its Board. may dedicate or transfer to any public or private utility, utility or drainage easements on any part of the Neighborhood Common Property for which easements or use rights form a past of the Neighborhood Common Property. C. The Board may set reasonable priorities for use of the Neighborhood Common Property,or parts thereof, for private parties and t mclions, for both members and nonmembers. The Board shall have the right to prescribe such rules, regulations. conditions and establish and collect such security deposits and fres as the Board may deem reasonable and appropriate under the circumstances. 5.03 Sham of Nejgbbprhaod Common Property and bnorov.itnents isy Declarant- Declarant,for itself,its successors,assigns and designees,reserves the tight to use portions of the Neighborhood Common Pnaperty, for the purposes of sales offices, hospitality centers, administrattive offices,construction offices or other purposes during the development,marketing and sale of Grey Oaks. all wit cut specific compensation to the Neighborhood Association. 5.04 Title to Ne1borhuod Common Property. Declarant or others may retain ownership of each part of the Neighborhood Common Property until such time as Dectaram or other owner transfers or assigns ownership. title or the interest in such Neighborhood Common Property to the Neighborhood Association. Notwithstanding such retained ownership or rights of Declarant,the Neighborhood Association shall be responsible for maintenance of such partes of the Neighborhood Common Property that have been made available by or with the consent of Declarant for the common use, enjoyment and benefit of Owners within the Neighbortiood. However,the Neighborhood Association shall have no maintenance responsibility until after the first conveyance of a Lot to a Member other than the Declarant. N O4 5.05 Protection of Nei food Common Pt rim. The Neighborhood Association m las the tight to take such steps as necessary to protect the Neighborhood Common Property against foreclosure. ARTICLE VI ASSESSMENTS o 6.01 Obliitatdoo.Timm of Asaeaamest.Lien. Each Owner of a Lot is obligated to pay to the Neighborhood Association all Regular Assessments, Supplementary Assessments, Special Assessments, Improvement Assessments and Service Assessments made in accordance with this Neighborhood Declaration, the Articles and By-Laws. The Assessments shall be levied and collected as provided in the Association's Governing Documents. AH Assessments and any interest, late charges,attorneys fees,court costs and other costs of collection shall be a continuing 7 �n'WCM,IXitl 11 cp, ® I' Order: Grey Oaks Description: 2643. 1800 Page 7 of 27 Comment: OR: 2643 PG: 1807 lien upon the Lot against which such Assessment is made until fully paid and shall also be the personal obligation of the Owner of such Lot at the time when the Assessment falls due and shall remain the personal obligation of such Owner even if such Owner conveys the Lot to a third party. The personal obligation to pay Assessments shall not pass to stxeescsors in title of an Owner unless expressly assumed by such successor but shall remain a hen on the Lot. Thc Neighborhood Association may record in the public records of Collier County, Florida, a "Claim of Lien" or similar document describing the amounts claimed due by the Neighborhood Association as to any one or more Lots. The execution and recording of such a Claim shall not be required in order for the continuing lien of Assessments to be valid. however the tecorling of such Claim shall determine the priority of the lien with respect to liens against the Lot claimed by the Master Association. 6.02 Purposes of Amesaments. Assessments levied by the Neighborhood Association shall be used only for the purposes described in des Neighborhood Declaration, the Articles and By-Laws. Amounts for Common Expenses provided for herein shall be used for the general purpose of promoting the recreation, health, safety, welfare, common benefit and enjoyment of the Owners and occupants of Lots,and of maintaining and operating the Neighborhood Common Property, and the values thereof. 6.03 The Board shall determine the amount and time for payment of Regular Assessments pursuant to the Articles and By-laws. The Board may consider the currant maintenance, operational and other costs of the Neighborhood Association and its future needs, including the need for reserves. 6.04 , 4e utary . If the Board determines that the Regular, and any Supplementary Assessments, for the current year are, or will become, inadequate to meet all Common Expenses for any mason, it shall determine the approximate amount of such inadequacy O and make a SupplementaryAssessmenteach Lot, specifying the date or dates when due. against �fy� A Supplementary Assessment may be added to and paid with installments of the Regular Assessment, or be otherwise payable as determined by the Board. - co • 6.95 fineektAksamonsam. Special Assessments may he levied by the Board and given their nature and purpose, may be levied on a nonuniform basis, notwithstanding the provisions of - - Section 6.09 herein. 4.3Z, 6.06 lagamiamat jimaramgo. The Neighborhood Association may also levy an `a Impiovement Assessment Ali Improvement Assessments must first be approved by at least a majority of the votes entitled to be cast by members entitled to vote thereon,and by the Declarant during the time the Class B Membership exists. Improvement Assessments shall be payable at such times as may be determined by the Board and approved in accordance with the Governing Documents. All amounts collected as Improvement Assessments may only be used for capital improvements and shall be deposited by the Board in a separate account to be held in mist for such purposes. Improvement Assessments shall not be commingled with any other funds of the 8 V.1141Pgr Order: Grey Oaks Description: 2643. 1800 Page 8 of 27 Comment: OR: 2643 PG: 1808 Neighborhood Association and shall be considered a contribution to the capital account of the Neighborhood Association by the members obligated to pay such Assessments. 6.07 NtlaksAansungio. Service Assessments may be levied by the Board and given their nature and purpose, may be levied on a nonuniform basis. notwithstanding the provisions of Section 6.09 herein. 6.08 andeses. The Board shall prepare an annual budget and make copies available to ._ all members at least fifteen (15) days prior to the first day of the following fiscal year. Any budget that oonbempdates an Improvement Assessment which requires approval of the Members shall be submitted fora vote of the Members. The Neighborhood Association shall give Members at least thirty(30)days notice of the meeting at which such budget that contains an Improvement Assessment will be considered. The failure of the Board to prepare, submit and adapt a budget in a timely manner shalt not affect the validity of the budget once adopted. 6.09 Xillatattioat of Bedgted Amounts. Bach Lot owned by a Class A member shall be assigned an Assessment Index. The Assessment Index shall be equal to the total number of votes assigned to Rich Lot in accordance with Section 4.02.A. herein. The Owners of each Lot shall be obligated to pay a portion of the Budget,which portion shall be no greater than a fraction. the numerator of which is that Lot's Assessment Index and the denominator of which is tite total of Assessment Indices for ail Lots owned by Class A Members. Such portions allocated to Lots shall constitute the Regular Assessment allocable to such Lot for the fiscal year. Although the Declarant is not under any obligation to do so, so long as the Class B Membership exists, it may direct the Board to reduce the Regular Assessment otherwise allocable to each Lot by a uniform percentage thereby establishing a'Reduced Regular Assessment"and pay the difference between such Reduced Regular Assessment and the Regular Assessment as a deficiency in accordance with Section 6.18 below_ In no event may the Assessment Index assigned to any Lot be less than the member of votes assigned to such Lot. Supplementary and Improvement Assessments shall tie levied in the same proportion as Regular Assessments. Regular,Supplementary and Impaovesneri opo Assessments may be collected at such intervals as may be determined by the Board.subject to anyCXZP cv prescribed membership approval. Special and Service Assessments need not be uniform in anwiwu nor levied in a proportion to the Assessment Index due to their nature,but they shall be handled e7 and processed in a uniform and nondiscriminatory manner with respect to any Lots similarly situated. The Board shall establish and assess the budget based upon the total number of Assessments s Indices assigned to property subject to assessment at the time the Budget is o established. Any Lot that thereafter becomes subjocx to assessments based upon the date Regular ca Assessments become due in accordance with this Article, shalt pay a prorate assessment. The assessment shall be calculated as a portion of the Budget applicable to that Lot,which portion shall be no greater than a ftacxion, the .tunterator of which is that Lot's Assessment Index and the denominator of which is the total of Assessment Indices used by the Board in allocating that year's Bodges. Stich assessment shall then be adjusted based upon the number of full months remaining in the Association's fiscal year. -- 77 -7 .47- t� I Order: Grey Oaks Description: 2643. 1800 Page 9 of 27 Cunt: • OR: 2643 PG: 1809 6.10 Regular Assessments shall commence on the first day of the following month in which an Owner other than the Declarant owns a Lot. In the event the Declarant decides to develop any Lot in its own name, it shall pay Regular Assessments for such Lot based upon the Assessment Index attributed to such Lot in accordance with Section 6.09 above, from the first day of the month following the issuance of a building permit for Improvements to be constructed. The intent of charging the Declarant Regular Assessments in accordance with thio Section is for the Declarant to be treated substantially equivalent as other Owners with regard to any assessable property that it undertakes to develop "Substantially equivalent" shall not necessarily moan identical, since other owners of Lots may be obligated to pay Regular Assessments prior to issuance of a building permit in the event they acquire title• to such prepetty and there is a delay between the acquisition of such title and the iensrnce of a building permit. 6.11 . If the amount budgeted to meet Current Expenses nses for the current year proves to be excessive,the Board may either reduce the amount of Regular Assessments or ablate collection of Regular Assessments as it deems appropriate. The Board shall not reduce or abate Regular Assessments if the quantity or quality of services rendered by the Neighborhood Association would be significantly or adversely affected. 6.12 rivAtnionostAimmagigALLia. If third panics acquire Lots from the Declarant for purposes of development, despite anything herein to the contrary, as part of such aogtcisiiion, the Onctarant may reduce or abate the Regular and Supplementary Assents otherwise due and attributable to a Lot to a point in time not later than the issuance of a certificate of corn•3ancy for the Improvement located on such Lot whereupon the full assessment(subject to protati.re)as!o such Improvement shall thereafter become due. In the event that an Assessment Index would otherwise be adocaled to the Lot for improvements not yet completed,the Lot shall mania subject to assessment only at the reduced assessment level until a certificate of occupancy G77:7 is hissed for the Improvement for which an Assessment Index has been allocated. During any - - sudh time in which Regular or Supplementary Assessments are reduced or abated in accordance r�3 With this Section,the number of votes which would otherwise be allocated to such property shall be similarly reduced or abated. In no event shall the reduced assessment apply to Service or _OC Improvement Assessments nor shall the Owner of any property be privileged to enjoy a reduced as►,.asnhent level for more than thirty six (36) months after the date of conveyance thereof by pederast. Nothing herein shall require the Declarant to reduce or abate a Regular or o SyKdelgtmary Assessment at all,or for the full length of time permitted by this Section, it being o the Went of this Section to describe the outside limits of the Dectaram's rights hereunder to ►-- teduce or abate Regular and Supplementary Assessments. 6.13 Manpitelegeggey. The Neighborhood Common Property shall be exempt from all assessments levied herein. Institutional Property shall be exempt from Regular.Supplementary and Insptovetnea Assessments. Institutional Property shall be subject to those Special Asressitients levied to reimburse the Neighborhood Association for coats incuned in bringing the Institutional Property or the Owner thereof into compliance.wit%this Neighborhood Declaration. its � b Order: Grey Oaks Description: 2643.1800 Page 10 of 27 Comment: OR: 2643 PG, 1810 and to those Service Assessments levied to pay for materials or services for which the Owner:.f such institutional 'Property subscribed. 6.14 gays. The Board may establish reserve accounts funded from Regular Assessments in reasonable amounts and in such categories as are determined by the Board for deferred maintenance and repair, including maintenance of all Neighborhood Common Property. and emergency repairs as a result of casualty losses_ and recurring periodic maintenance or the initial coat of any new service to be performed by the Neighborhood Association. All amounts collected as a reserve shall be deposited or invested by the Board in separate accounts to be held in trust for the purposes for which such funds are collected,and shall not be commingled with any other funds of the Neighborhood Association. Such reserves shalt be deemed a contribution to the capital account of the Neighborhood Association by the Members. 6,15 IngligLigiNanguage. The lien of the assessments provided for in this Neighborhood Declaration which accrue and become due and payable with respect to any property after a mortgage is recorded encumbering such property but prior to the conveyance of title as a result of a foreclosure or a conveyance in lieu of foreclosure, is subordinate to the lien of such mortgage. The Owner acquiring title to the property as a result of foreclosure or conveyance in lieu of foreclosure is not liable for assessments which become due phot to such acquisition. The unpaid assessments shall be deemed a Common Expense collectible from all Owners. inctudirtg the person or institution acquiring title to such property through forecioeatre or conveyance in lieu thereof. This shall not relieve an Owner from responsibility for unpaid assessments for the period of time he owned such property. Any assessments against property accruing prior to recordation of a mortgage or after the acquisition of title as a resuh of foreclosure or conveyance in lieu of foreclosure shall be a lien against such property in the manner otherwise provided for in this Neighborhood Declaration. — 6.16 DellinmintAnammaft. The Board may establish provisions in the By-laws for collecting late charges and interest on delinquent assessments. Tim Board may also bring an action ►�, at law for collection of delinquent assessments and/or for foreclosure of the lien of delinquent ole assessments. The Board may,but shall not be requited,to bring an action against the Owner who 0 is personally liable for the delinquent assessment without recording a claim of lien against the -v~ property or foreclosing the lien. The Board may include all late charges, interest,attorneys fees and costs of collection in any suit brought to collect delinquent assessments or foreclose the lien o of delinquent assessments. Any payment of assessments shall be applied in the following order: o costs of collection, attorneys fees, late charges, interest and the principal amount of the ti assessment. Upon the timely payment or other satisfaction of all delinquent assessments assessed against a Lot, the Neighborhood Association shall release of record any recorded claim of lien against such Lot. 6.17 DEdstantAwensulat. Except as provided in Section 6.10, so long as there is a _- Class B Membership status, the Declarant is not obligated for nor subject to any Regular or Supplementary Assessment for any property which it may own, nor is it responsible for any II 7,pijr�V tY),:. R It if NiJ 51ER Order: Grey Oaks Description: 2643.1800 Page 11 of 27 Comment. OR: 2643 PG: 1811 Special, Improvement or Service Assessments except those to which Declarant consents to in writing. Instead,the Declarant is responsible for paying the difference between the Neighborhood Asso;iation's expenses of operation and the amount received from Owners other than Declarant in payment of the Regular and Supplementary Assessments levied against such Owners' property This difference is called the deficiency but doe.: not include any reserves for replacement. operating reserves,depreciation reserves,capital expenditures or Special,Service or Improvement Assessments. The Declarant may, at any time, notify the Neighborhood Association in writing that it is withdrawing its obligation to fund the deficiency. to he effective not sooner than sixty (60)days after such notice, and thereafter Declarant shall no longer be exempt from Regular. Supplementary or Special Assessments. All such assessments shall be prorated for the remaining months of the then current fiscal year if applicable. ARTICLE VII NEIGHBORHOOD ASSOCIATION'S DUTIES AND POWERS 7.01 General Dui, Without limiting the duties and powers specified in otter portions of this Neighborhood Declaration, in the Articles or the By-Laws.the Neighborhood Association shall: A. Maintain,regulate and manage all of the Neighbotitood Common Property, Including obtaining all required utility and other services for the Neighborhood Common Property. The Association shall also have the obligation to maintain the royal palm trees originally provided by the Declarant located on each Owner's lot adjacent to the roadway serving the lots and to replace any such trees with a like size and kind as is in existence at time that such tree dies or becomes diseased without a probable chance or recovery. B. Perform all obligations required pursuant to any governmental permit applicable to the Neighborhood Common Property. ry C. Have the right to borrow money for the purposes of improving, replacing. restoring or expanding the Neighborhood Common Property,or adding new Neighborhood (=lc. Common Property, and in aid thereof to mortgage the Common Property. The prior `11 affirmative vote or written approval of not less than two-thirds (2/3) of the total votes entitled to be cast by Members must be obtained in order to mortgage any Common o Property owned by the Neighborhood Association. The rights of such mortgagee shall be o subordinated to the rights of the Members. In the event of a default upon any mortgage on the Neighborhood Common Property,the lender's tights thereunder shall be limited to a right,after taking possession of such property,to collect assessments otherwise due and payable to the Neighborhood Association for the maintenance and operation of the Neighborhood Common Property, in accordance with the budget duly adopted pursuant to this Neighborhood Declaration and the By-Laws,and to apply such assessments towards the maintenance and operation of the Neighborhood Common Property or to reimburse the mortgagee for funds disbursed pursuant to such mortgage for maintenance and operation l2 sA ((till 9103 MIA aliment Order: Grey Oaks Description: 2643.1800 Page 12 of 27 Cann, 't: of the Neighborhood Common Property. Upon satisfaction of the mortgage debt, the ownership and possession of the Neighborhood Common Property shall be returned to the Neighborhood Association and all of the rights of the Members hereunder shall be fully restored. However, the Neigrborhood Association shall not have the authority to mortgage any part of the Neighborhood Common Property providing access, water management or utility services to the Neighborhood or the Properties. D. Pay any real and personal property taxes, assessments and other charges levied against the Neighborhood Common Property. B. Enforce the provisions of this Neighborhood Declaration, the Articles,By- C•4 Laws and rules by appropriate means and carry out the obligations of the Neighborhood ~1—+ Association hereunder. P. Do all things reasonably necessary to carry out each and every obligation set forth in this Neighborhood Declaration, the Articles, By-Laws or rules. sus N7.02 . The Master Association shall have the power to require the Neighborhood Association to maintain any portion of a water management. lake or preserve area $C within the boundaries of the Neighborhood and to enforce such requirement pursuant to Section 8.03 of the Master Declaration_ ARTICLE VIII RESTRICTIONS As used in this Article, when any provision of this Article requires written approval or approval la writing, it means that such approval must be obtained in writing and in accordance O with Section 9.03 of the Master Declaration. 8.01 rallISIRMILB011ag01111. cc, 00 A. The Lob may be used for those purposes as provided in the Declarant's •-es Master Development Plan. Declarant reserves solely unto itself the right and the power G? to inaugurate and implement variations from,modifications to,or amendments of the PUD and any other governmental plans,land development regulations.development orders and ©v developnent permits applicable to GREY OAKS. B. Lots shall only be used for detached single family Dwelling Units. One Lot shall be the minimum building area upon which a single family Dwelling Unit may be constructed. C. So long as Declarant owns property in Grey Oaks for development. Declarant may permit one or more Lots to be used or maintained as a sales office or for model homes. No other commercial activities are permitted on any Lot. 1(.L NlilJocR Order: Gray Oaks Description: 2643.1800 Page 13 of 27 Comment: OR: 2643 PG: 1813 iR.ei 8612111dIg. A. No suuoture shall be erected within the following miainwm setback lines: 1. Front Setbacks-3SI feet- Principal Structure. 25 feet-Garage 2. Side Setbacks-lj feet-Principal Structure.Max. 4 ft high) 12.5 feet - 75 feet of Lot) 10 feet- Driveway(front 25 feet-Principal structure corner Lot _r (Lots 1 and 18) 22.5 feet - Accessory use corner Lot (Lots 1 and 18)(Max. 4 ft high) 20 feetDriveway1 and IS)(Front 75 feet) 3. Rear Setbacks-2.1 feet-Principal Structure 20 feet- Accessory at Lake 15 feet - Accessory aro Lake B. All semis shall be measured fiaa the Lot cine excgx Agan two or more Lots are acquired and used as a single bedding site by a single Owner,the side Lot lines shall refer only to the line bordering on the adjoining property. C. Driveways shall be at least 10 feet from the side and rear Lot line unless in writing pursuant to Section 9.03 of the Mastervict a sibater dietsaoa is approved - to tie above setback dequiremsId location of any oxo D. In addition all Lots may for aesthetic, Dwelling Unit or other and��, asp t of the building approval pi outlined in Section 9.03 of the Masker Decimation. 0 $ 3 e.s+- A. All dwelling units shall contain at least 3,500 square feet of air conditioned • B. Becloaed living area means the total enclosed favor area within the hotizonatl dlmens1oas of each level of a dwelling,excluding garages,terraces,decks,and patches. BAN ice- Maximum 2 stories,however the hit of dwelling nits and steres mat be approved in writing pursuant to Section 4.03 of the Hasler Declaration. 14 Order: Gray Oaks Description: 2643.1800 Page 14 of 27 Comment: RR gg OR: 3G64 PG?18 0206 0.os Ste. Each dwelling unit must have an enclosed garage for not less than 1 --- automobiles. Larger garages are permitted if they are approved in writing pursuant to Section 9.03 of the Master Declaration. No garage entrances may face a street unless approved in writing. Garage doors must be equipped with automatic closures. The garage doors shall remain closed except upon entering or exiting the garage. Oversized garage doors to accommodate campers, rcrtational vehicles,motor homes or boats are not permitted. Garages may not be detached from the Dwelling Unit unless approved in writing pursuant to Section 9.03 of the Master Declaration. 8.06 atpetuggd. No Structure shall be erected,altered, placed or permitted to remain on any Lot, except those that are approved in writing pursuant to Section 9.03 of the Master Declare::n. 8.07 ages. All roof materials must be approved in writing pursuant to Section 9.03 of the Master Declaration. 8.08 SIB. No exterior colors on any structure are permitted that would be inharmonious or Incongruous with GREY OAKS or this particular Neighborhood. The color of all structures and any future exterior color changes desired by Owner must be first approval in writing pursuant to Section 9.03 or the Master Declaration. 8.09 fatterrAhallindurts. No structure of any kind that is commonly known as "factory-built", "modular", or "mobile home" type of construction shall be erected unless first approved in writing pursuant to Section 9.03 of the Master Declaration. 8.10 Landataging. All areas not covered by structures, walkways, paved parking facilities or areas approved to be left in their natural state shall be maintained as lawn or landscape areas with underground sprinkler systems,to the pavement edge of any abutting Streets and to the waterline of any abutting lakes,canals or water management areas. No stone, gravel, or paving of any type shall be used as a lawn unless approved as part of the final landscape plan. All landscaping shall be accomplished in accordance with a plan approved in writing pursuant to Section 9.03 of the Master Declaration, prior to the clearing of any Lot for construction. AU • required lawns and landscaping shall be completed at the time of completion of the structure, as evidenced by the issuance of a Certificate of Occupancy by the appropriate governmental agency, and shall be kept in good and living condition by Owner, except as provided in Section 7.01 A herein, unless the Owner, by Ids negligence, is responsible for the required maintenance or replacanent• 8.11 Driveways and.ParkkaArced. No gravel, blacktop or other paved residential parking strips are allowed. Driveways and parking arena must be constructed with materials as approved in writing pursuant to Section 9.03 of the Master Declaration. 8.12 Uadatm ensI Utility Lines. All electric. telephone, gas and other utility lines must be installed underground. 15 . . ..1.4Q%..-.J Order: Grey Oaks Description: 2643.1800 Page 25 of 27 Comment: OR: 2643 PG: 1815 8.13 _ No outside antennas, antenna poles_ antenna masts. satellite television reception devices, electronic devices, antenna towers, cellular or citizen ban (CB)or amateur band(ham)antennas or similar appurtenances are permitted except as approved in writing pursuant to Section 9.03 of the Master Declaration. A flagpole for display of the American flag or any other flag shall first be approved in writing pursuant to Section 9.03 of the Master Declaration. An approved flagpole shall not he used as an antenna. 8.14 Temporary and Acoeurorylirsogru. No temporary or accessory structures arty permitted unless their size,appearance and temporary location on the Lot have first been approve; in writing pursuant to Section 9.03 of the Master Declaration. Any signs to be used to conjunction with any temporary or accessory structure must also be approved in writing pursuant to Section 9.03 of the Master Declaration. 8.15 thadoor Ea, ulpment. All garbage and trash container;, oil tanks, bottled gas tanks, propane tanks, swimming pool equipment, housing and sprinkler pumps and other such outdoor equipment must be placed underground,walled-in or placed in sight-screened or fenced-in areas so that they are not readily visible from any adjacent Streets,Golf Course, Club, or Lots. Adequate landscaping shall be installed around these facilities and maintained by the Owner. Ail mailboxes shall be purchased from the Declarant(or the Master Association, if the Declarant no longer offers Lots for sale in Grey Oaks), unless this requirement is waived pursuant to Section 9.03 of the Master Declaration. No newspaper tubes or driveway reflectors shall be installed on any Lot. 8.16 MrConditioning and U 1ln . All air conditioning and heating units shall be shielded and hidden so that they are not readily visible from any adjacent Streets or Lots. Window and wall air conditioning units are not permitted. CD C.17 babe Collectors. The location of and materials used in construction of sele collectors must be approved in writing pursuant to Section 9.03 of the Master Declaration. tv oa rV 8.18 Sing. No signs of any nature, including "For Sale" or "Open House" signs. CO whether such signs are freestanding or otherwise installed, shall be erected or displayed on any •-d Lot or structure unless the placement, character, form, size, lighting and time of placement of such sign is first approved in writing pursuant to Section 9.03 of the Master Declaration. Ail o signs must also conform with governmental codes and regulations and with any master design ry plans for signs established in accordance with Section 9.03 of the Master Declaration. 8.19 wildir,inencomaing.B.kunaen. No wall or fence shall be constructed on any Lot until its height and location, construction material and color shall have first been approved in writing pursuant to Section 9.03 of the Master Declaration. The height of any wall or fence shall be measured from the existing street elevations. Hurricane or storm shutters may be used on a temporary basis,bat shall not be stored on the exterior of any structure unless approved in writing pursuant to Section 9.03 of the Master Declaration. 16 witALl"A Order: Grey Oaks Description: 2643. 1800 Page 16 of 27 Comment: OR: 2643 PG: 1816 8.20 Usbnisg. All exterior lighting of a Lot shall be accomplished in accordance with a lighting plan approved in writing pursuant to Section 9.03 of the Master Declaration. 8.21 agawspxylagihrga. No outdoor clothes drying area is allowed unless approved in writing pursuant to Section 9.03 of the Master Declaration. 8.22Vehicles. R cheMIon Vehicles. dkm.Mobf.k HOMO& Boa t A. No commercial vehicle of any kind is permitted to be panted on a Lot for a period of more than four (4) hours unless such vehicle is necessary in the actual construction or repair of a structure or for ground maintenance. B. No truck, commercial vehicle, or recreational vehicle is permitted to he parked overnight unless kept fully enclosed inside a structure. Truck, as wad herein, is defined as a commercial vehicle,and does not include surae pickups,customized vans,and other such vehicles customarily used for personal transportation and not business use. "Commercial Vehicle"includes,but is not limited to.any truck,van or car which displays a company name or logo on the exterior. C. No boat, boat trailer or other trailer of any kind, camper, mobile home or disabled vehicle shall be permitted to be permanently parted car stored on a Lot unless kept fully enclosed inside a structure. D. None of the aforementioned vehicles shall be used as a domicile or residence, either permanently or temporarily. 0 B. Paragraphs A through D shall not be deemed to prohibit any temporary . facility permitted pursuant to Section 8.14. 00 8.23 Pftmad A81fh. r o A. Commonly accepted household pets such as dogs,cats,birds and fish may be kept in reasonable numbers. All animals shall be contained on the Owner's Lot and o shall not be permitted to roam freely. o B. The Master Association may establish limits on the number and kind of pets that may be kept or permitted to be kept on any Lot. C. No horses,cows, hogs,pigs, swine,goats, chickens, pigeons or any other such animals or fowl shall be kept on any of the Lots. 8.24 hibiligisammeldia. No weeds, underbrush or other unsightly growth shall be permitted to grow or remain upon any Lot and no refuse or unsightly objects shall be placed or allowed to remain upon any Lot. All lawns,landscaping and sprinkler systems and any property. 17 Order: Grey Oaks Description: 2643.1600 Page 17 of 27 Comment: • OR: 2643 PG: 1817 tincture, bnpnweinents and appurtenr�hoes shall be kept in a safe, clean, orderly and attractive condition. 1.23maw Nothing shall be clean which may be or may become an annoyance or nuisance to any person. No obnoxious,unpleasant or offensive activity shall be carried on. nor shall anything be done, which can be reasonably coratnsed to constitute a nuisance. public or private is nature. Any question with regard to the►:station of this Section shall he decided by the Mauler Association whose decision still be final. 8.2$ aubillblign. No Lot shall be divided or subdivided unless approved in writing pummel to Section 9.03 of the Muter DeNatation. 8.27 Bergagaidagagal. No individual sewage disposal systems shaft be permitted on any Lot. 8.2$ Waggalragubc. No individual water supply systems of any type shall be permitted on any Lot. 1439 agraggYikkhaja. No motorized vehicle of any type shall be used or located otY a red,driveway or path area. No unlicensed motor vehicles of any kind, including, but not'lathed to,dirt bikes, 3 or 4 wheel all renin vehicles and go-carts or similar vehicles. may be used on or off the road anywhere in the Neig rborhood. An owner who is also a member of she Country Club may own a golf cart and use it to travel so and horn the Country Club,provided Mut such use is only as necessary in connection with playing golf et the Country Club and such ma is ha cesspits'*with all applicable Country Club rules. In no event shall minors be pernnitmed to we golf ads in the Ne1ggbot hod. - n, 11.3$ Ekon.. No hunting,trapping or shooting of any kind.or discharge of firearms. isclndisg, her sot limbed so, rima, rifles, shotguns, pelma guns. QS guns, slingshots. bow and arrows,mc., shall be allowed anywhere in the Neighborhood. $.31 EinggsdruguMplug. No fireworks or bunting a any kind shall be allowed c7 except such burning which to spewed in writing dining oonatruetios activities. $32 all.nedidEilligilligieldallin. No oil drilling, oil development operations, oil t fit, qct or misting cperadons of a y kind shall be permitted upon or in any Lot,nor shell nil welts.oil tunics,nummels,mineral excavations or shafts be permitted von or is any Lot No denkl or other sinuous designed for use in boring for oil or natural gas shall be erected or Itnittalehed for any comsserrW propose. $.33 ="g. The leashhg of any Dwelling Unit for a period of less than six(6)months shell be peuhibiled. The Ramses of all lessees shall be submitted to the Muter Association prior to comeseacemeat of the lease. siu ca cum 18 At&"N" Order: Grey Oaks Description: 2643.1800 Page 18 of 27 Comment: • $.34 ligketbartgaig. Basketball goals are allowed if located on the garage side of the dwelling unit and approved in writing pursuant to Section 9.03 of the Master Declaration. ARTICLE IX INSURANCE AND R)CONSTRUCTION 9.01 IggigaggaglighthgediggsUlaggelgagg. The Neighborhood Association shall obtain and continue in effect as a common expense the following types of insurance: A. Comprehensive policy of public liability Insurance covering the Neighborhood Common Property with limits to be approved by the Board, covering claims for ,® personal injury and/or property damage, including protection against water damage liability. liability for non-owned and hired automobiles,and liability for property of others and such other risks as shall customarily be coveted with respect to similar developments and risks. Such policy shall contain a "severability of interest"endorsement or the equivalent, which shall preclude the insurer from denying the claim of an Owner because of negligent acts or omissions of the o► Neighborhood Association or other Owners. -- N B. If applicable, a policy of tire and casualty insurance with extended coverage for the neplacemeti value of ail Improvements to the Neighborhood Common property and tangible personal property as shall be determined annually by the Board. C. Such other policies and in such other amounts and coverage as the Board shall from time to time determine to be appropriate and desirable. 9.02 owner's thiutineg. The Neighborhood Association is only obligated to provide insurance as set forth in Section 9.01. The Neighborhood Association is neither authorized to nor shall it obtain any insurance with respect to any Lot, or to provide any insurance with respect to - - liability, theft, damage or any other casualty loss for any private property of any Owner, his tenant or their guests or family members, all of which shall he the responsibility of the Owner. IOC) 9.03 ResnagaguLatimpeneemensa. In the event of partial or total destruction of - Improvements to the Neighborhood Common property, the Neighborhood Association shall - - undertake to restore and repair the same to its former condition as promptly as practical. The proceeds of any insurance maintained pursuant hereto shall he used for such purpose, subject to the prior rights of any mortgagee whose interest may be protected by said policy. Any mortgagee o` and any mortgage which, in accordance with the provisions of the mortgage, has the right to demand insurance proceeds in the event of a casualty or loss to the property encumbered by said mortgage. waives the right to such proceeds if the proceeds are used pursuant to this Neighborhood Declaration to repair, replace or restore the property subject to the mortgage hen. If the proceeds of such insurance are insufficient to repair. replace or restore such damaged Improvements,the Board shall initiate an Improvement Assessment and submit Me same to a vote of the members in accordance with this Neighborhood Declaration. Any reserves for deferred meinsenance of damaged or destroyed Improvements may also be used for such repair. replacement or construction. If an Improvement Assessment is necessary to enable the 19 ,ac,t nut' Order: Grey Oaks Description: 2643.1800 Page 19 of 27 Comment: OR: 2643 PG: 1819 Neighborhood Association to reconstruct Improvements,and is not approved in accordance with this Neighborhood Declaration,the Board shall cause the Neighborhood Common Property to be restored as nearly as practicable to its former condition, using insurance proceeds, reserves and any Improvement Assessments that are approved. If any excess insurance proceeds remain, the Board may place them in a special improvement fund, add them to the general fund of the Neighborhood Association, or a combination thereof, unless the flouts are demanded by the mortgagee holding any mortgage encumbering the Neighborhood Common property so damaged. At any time after such damage, the Neighborhood Association may again submit pmpored -- Improvement Assessments to the membership in order to enable it to reconstruct such improvements,and if approved, the Neighborhood Association shall again restore and repair the Neighborhood Common Property to its former condition, to the extent possible. ARTICLE X GENERAL PROVISIONS • 50.01 adergunint. The Master Association, the Neighborhood Association, or any Owner or the Declarant so long u the Declarant owns any property within Grey Oaks for sale in the ordinary course of business,shall have the right to enforce thew restrictions or any amendment hereto by proceedings at law or in equity, including the right to prevent the violations. However. ao enforcement proceeding may be maintained by the holders of less than five(5) votes in the Neighborhood Association. With respect to assessment liens,the Board shall have the exclusive right to enforce such liens. Failure of the Master Association, Neighborhood Association, any Owner or the Declarant to enforce any covenant or restriction shall not be deemed a waiver of the right to do so thereafter. 10.02 j(jia. The invalidation of any one of the restrictions contained herein by a CD court of competent jurisdiction does not affect any other restrictions, which shill remain in tall force and effect. r- 10.03 him. These restrictions shall run with and bind all of the Neighborhood and c inure to the benefit of the Master Association, Neighborhood Association, any Owner and the Declarant as provided above, for a term of thirty (30) years from the date this Neighborhood Declaration is recorded. These restrictions shall automatically be extended for successive periods of five (5) years unless terminated upon approval of seventy-five penxnt (75%) of all votes c� res emended to be gest for such termination. Such approval may be evidenced by an instrument signed = by the holders of the required number of votes or by the vote of the holders of the required number of votes. In the case of a vote,the Neighborhood Association shall give Members entitled to vote on the termination written notice of the proposal to terminate the Neighborhood Declaration. No such termination shall impair the rights of any Owner to the use and benefit of any easements granted to such Owner herein. All Members which have votes allocated to them shall be entitled to vote on termination unless their voting privileges have been suspended or revoked u otherwise provided herein. 10.04 liticantagign. The provisions of this Neighborhood Declaration shall be liberally interpreted to effectuate the purpose of creating a plan for the development of amenities for a high 20 1 ----- c c Order: Grey Oaks Description: 2643. 1800 Page 20 of 27 Comment: OR: 2643 PG: 1820 quality, residential neighborhood. The maintenance, preservation and regulation of the Neighborhood Common Property is a priority objective of this Neighborhood Declaration and the Neighborhood Association. The article and section headings are inserted for convenience and should not be considered or refen'ed to in resolving questions of interpretation or constriction. This Neighborhood Declaration shall be construed under the laws of the State of Florida. Whenever the context of this Neighborhood Declaration,cute Articles or By-Laws so require, the singular includes the plural and the plural includes the singular,and any one gender refers to any other gender. ie.ns Ammmdsmot. A. In addition to any other right of amendment or modification provided for in this Neighborhood Declaration, in which case those provisions shall apply. prior to turnover of control of the Neighborhood Association by Declarant,Declarant may modify, enlarge, amend, waive or add to the covenants, conditions, restrictions and other provisions of this Declaration so long as the same do not substantially impair the general plan for development of the Neighborhood as outlined in the PUD. Not more than ten (10) days after request of the Declarant, the Neighborhood Association shall join in any such amendments or modifications and execute such inswments to evidence such joinder and consent as Declarant shall, from time to time, request. Failure to so join and consent to an amendment or modification, if any, shall not be Muse to prevent such modification or amendment from being made by Declarant or to affect the validity thereof. B. After the turnover of control of the Neighborhood Association by Dechant,this Neighborhood Declaration may be amended upon approval of seventy-five percent(75 II)of all votes entitled to be cast for such amendment. Such approval may be evidenced by an instrument signed by the holders of the required number of votes or by _ the vote of the holders of the required number of votes. In the case of a vote, the - - Neighborhood Association shall give all Members entitled to vote on the amendment ^' written notice of the proposed amendment. Additionally, so long as Declarant owns any N property within Grey Oaks for sale in the ordinary course of business,no amendment shall goo` be effective unless approved in writing by Declarant. C. Amendments for correction of scrivener's errors or other non-material o changes may be made by Declarant alone until the turnover and thereafter by the Board of Directors of the Neighborhood Association alone without the need of consent of the Owners. D. Notwithstanding anything to the contrary herein contained,no amendment to this Neighborhood Declaration shall be effective which shall impair or prejudice the rights or priorities of the Declarant,the Country Club Owner,or the Other Clubs Owner. under the Master Declaration or any other of the Governing Documents of the Master Associations without specific written approval of such Declarant, Country Club Owner. or Other Clubs Owner affected thereby. 21 • Order: Grey Oaks Description: 2643. 1800 Page 21 of 27 Comment: OR: 2643 PG: 1821 E. After the turnover of control, a true copy of any amendment to this Neighborhood Declaration shall be sent certified mail by the Neighborhood Association to Declarant within five(5)days of its adoption. F. Notwithstanding anything contained herein. Supplemental Neighborhood Declarations are not amendments and need be executed only by Declarant. 10.06 Attorney's Frees. If any action is instituted to enforce or construe the arovisiont of these restrictions, the party prevailing in such action is entitled to recover from the other party as part of the judgment,a reasonable attorney's fee and the cost of such suit. If the Neighborhood Association is the prevailing party in such action,such attorney's fees and costs shall be a Special Assessment against the Owners and their Lots involved in the action. 10.07 Wjthdrawal o[Property. Any property that is submitted to this Neighborhood Declaration pursuant to Article III may be withdrawn therefrom by the Deciarxnt (or by another Owner with the written consent of the Declarant)during the time it owns such property,only upon the consent of all Owners within the Neighborhood IN WITNESS WHEREOF, THE HALSTATT PARTNERSHIP, a Florida General Partnership, does hereby execute this Declaration of Cove rats, Conditions and Restrictions in its name by its undersigned authorized partners hereto this lay of_ .tb11,Artst.i.__,-i�99 749..513 Signed and delivered THBH ti,1STATT PARTNERSHIP,a Florida general in our presence: partnership BY: Lloyd G. Hendry, Harold S. Lynton. and Juliet C. Sproul, as Trustees of the. Bdith Collier Sproul Torsi Agreement dated December 29. 1969,and as confined by Agreement _ of Termination of Trusteeship dated June 7, 1982. PARTNER CC> /' By: L(4 " “.••• l lam , f --- e Witness LLOYD G.'HENDRY, Trustee l?ut at C _OPT-1aqcsuil Name w WATS R. SUTOR Print Name 22 , Order: Grey Oaks Description: 2643. 1800 Page 22 of 27 Comment: Y , r OR: 2643 PG: 1822 STATE OF 1 oeACII-ck„ COUNTY OP 1,Qe..- The foregoing inatrmmwat was tadmowkdged before me this(day o , by LLOYD t3. HENDRY, AS TYtUSTBB, of the Edith Collier I Taut rider Apeman dated December 29, 1969, and as confirmed by Agreement of Termination of TrusteO'Wp dated June 7, 1982, Partner, on behalf of said Florida general partnership, who is penoodly known to me and who did take an oath. Ogino R tutor - '-- — urns ,, * i_._ _'t hapv.ni m coos = in' weeonw,rutrru+mut Nom wc Notesy Public DEKA It. Li • My Commission Expires: '. I K . r 40( By:-- l ,►{� � � o7t�- WilrlOas HAROLD S. LYNTON, TUdstee kik04K-t1\jt✓c / • - . SV• ice rihi Name o STAY'S OP COUNTY 01;4E41* The feaugol g instrument was acknowledged before me this 1 day of C) by HAROLD S. LYNTON, AS TRUSThB, of the Edith Collier Spnul Trust u der Agreana k dated December 29, 1969, and as confirmed by Agreement of Termination of TheeMidp dated Sone 7, I982, Partner, on behalf of said Florida genera] partnership, who is pentoeaily known to me and who did take an oath. ‘Y-X-,4471- N Public My Commission Dxpires: anaimg O.NOM NOTARY ROM iI Nam Ytek poo.ANCONON**0 23 7-7•77."----7:.:0 Qfto Order: Grey Oaks Description: 2643.1800 Page 23 of 27 Comment: e OR: 2643 PG: 1823 WifeeesLEAi►ANN K ( - C. SPROUL, stce Nene .,,. . �y? Peet Nerve STATS OF FigoL00, COUNTY OF LD tier ;gip The foregoing instrument was acknowledged before me this11 day of ip 010*. by JULJET C. SPROUL, of the Bdith Collier Sprott! Must under Agreement dated Db0elllber 29, 1969, and as confirmed by Agreement of T onination of Trusteeship dated lune 7 1982,Partner,on behalf of said Florida general partnership, who is personally known to me std who did take an oath. Notary biic My Commission Mires: 'S: _ N • 00 -v` CJ's` 24 _ ♦Ili° Order: Grey Omits Description: 2643.1800 Page 24 of 27 Comment: OR: 2643 PG: 1824 Signed and delivered THE HALSTATT PARTNERSHIP,a Florida general in our presence: partnership BY: HAROLD S. LYNTON, KATHERINE G. SPROUL and JULIET C. SPROUL, as Trustees for JULIET C. SPROUL under the Will of Barron Collier, Jr.,deceased, and as confirmed by Change of Trustees dated lune 15. 1993 and filed June 22, 1993, in Probate No. 76-33. of the Probate Records of Collier County. Florida, PARTNER Juliet C. Sproul,as Trustees of the Edith Collier Sproul That Agreement dated December 29. 1969, and as confirmed by Agreement of Termination of Trusteeship dated June 7. 1982, PARTNER l'‘.1Ati-‘----)1.56-..Lt14,0rui By. /i'��t�C fl �zzmac 2 ic, IMMUNE J HAROLD S. LYNTON. sR�v toe et torte amu{'` - _ ptitlt Nerve STATE OF COUNTY OP • The foregoing instrument was acknowledged before me this day of Fetittat2(, ice},by HAROLD S. LYNTON,AS TRUSTEE, for Juliet C. Sproul under the Will of Barron COQ, Jr., deceased, and as confirmed by Change of Trustees dated June 15. 1993, and filed �t June 22, 1993, in Probate Na. 76-33, of the Probate Records of Collier County, Florida. G-1 PARTNI3R,on behalf of said Florida General Partnership, who is personally known to me and wAo did targe an oath. o ry Public My Commission Expires: OENIENE ISA.K001 NOTARY USUC.etre et row IMr No.01K06A7011e ONION to Cases county )-(7), Oarrr+Mlm eons C r0. Order: Gray Oakes Description: 2643. 1800 Page 25 of 27 Comment: • • BY: . • __• • -64. A Witpeas Awe NNi1 N KATHERINE O. SPROUG, glee COUNTY ►1111 ��cr _ Z1e tort 11K iwaaattaa was admowiedged before me this LL arty of IC by ItAIUMR04111CL SMtOUL.. AS TstUS4uf, for Juliet C. Spmui ussietilhe Widof NEM Com,h.,deceased,altd as ooltAnMed by Choose of Thames dated fart 11, 1993,and Sad tape 22, 1993, Yr Probate No. 76-33, of the Probate Records of Collier County. Florida, PAWNER ort behalf of said Plorida General Partnership, who is personally iniovi to me mod ado did toile an oath. (1)- Catetder — Notary Public �i _ My Commission Hires: ~b� 26 a.�nM,•: r:� vo. Ati Order: Grey Asks Description: 2643.1800 Pigs 26 of 27 Comment: Wax OR: 2643 PG: 1826 UUt fir. Witness t,EAANN I SI C_ Q atee %!Z Plias Niue MTh OP jaggags COUNTY OP_Caitiff' ((� The famous bi nlinein was acknowkt%eg d before me this day of f ,, by=PT C. SPROUL, AS I Th 7nliet , lot C. Sporont under the Will o thSnon OnSisr,it., deoeaaed. and as continued by Change of Trustees dined lune :5. 6993, and filed Attie 22, 1993, In Probate No. 76-33, of the Probate Itecotds of Collier County. Florida. PAWNER, on behalf of said Ploeida General Pattnenbip. who is personally known to use and who did saltie an oadu. Notary Public My COonnimion Bapires: C, b r. 0 mac` 27 Order: Grey Oaks Description: 2543. 1800 Page 27 of 27 Comment: EXHIBIT `•A" Grey Oaks Unit 14 recorded in Plat Book 33. Pages 59 through 64. Public Record . Collier County, Florida. 34 0 •• N fl� OC• "C9 Ga • = ♦.O 3* 34 Return to: *** 4128232 OR: 4329 PG: 2360 *** RECORDED in OFFICIAL RECORDS of COLLIER COM, FL ISLE TOSCANO 02/13/2008 at 10:42AM DWIGHT B. BROCK, CLERK c/o Newell Property Management Corporation RSC FIE 10,00 5435 Jaeger Road #4 COPIES 1.00 Naples FL 34109 Retn: NEWELL PROPERTY MARAGBNBNT 5435 JAEGER RD #4 NAPLES FL 34109 THIS SPACE RESERVED FOR RECORDING PURPOSES CERTIFICATE OF AMENDMENT ISLE TOSCANO AT GREY OAKS HOMEOWNERS ASSOCIATION INC. THE UNDERSIGNED, being the Registered Agent of ISLE TOSCANO AT GREY OAKS HOMEOWNERS ASSOCIATION INC., a Florida Corporation not-for-profit, whose address is c/o Newell Property Management, 5435 Jaeger Road#4, Naples FL 34109,does hereby certify that, by a vote of the Board of Directors at a meeting held February 13, 2007, the directors voted to amend the Bylaws as stated below: *OR: 2643 PG: 1800 New wording is underlined, deletions are struck ough: Bylaws, Article 6.2. Not less than sixty (60) days before the annual meeting of the Members, a nominating committee of five three Members shall be appointed by the Board of Directors and the committee shall nominate one person for each directorship to be filled. ISLE TOSCAN• AT GREY OAKS HOMEOWNERS ASSOCIATION INC. J ffri G2 ilOR WILLIA A NEWELL,AGENT DATE STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this llu day of 2008 by William A Newell, Agent, ISLE TOSCANO AT GREY OAKS HOMEOWNERS ASSOCI• 3 • ., : •• behalf of�the Association. He is personally kno to me. f BRIcrr eRFrll,AN (.... ,S talk MN�NNN�N! Florida NOS A�1..Inc OTA UB IC , ,2,,,,,,,„._ ,,,,.... STAT O FLORIDA' 7 1 1 4 Yr ,Y Eti Y igi r yag = t€Y s88a ge Yb$ �� I .O INFI stg k v yy t!li 0 te:il A 4 IYl `� b5r FI a?b 5 g giio h� F ° 3t gt ' `t !,X4*.1 gids II■F )1411na r 3 `r W L ° `a 1°3 i a= $a ;?:.5'tn€ x 9 Y » 4. 88.y 9$_r'6 �;, a srZtA" � e;p84 �__ a5 5 b.`#` n^ $ Y'��a� �' 1 �'"s �>ds», A a i. 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'-' I .ilm 211..MICAT5 _ 1.251. 18If6RM.5 i! \ wm b N I .l1. 1 2u o Z \ I ' tit—: -. y 1/1�" u 1 r C4 e 1.O �—�� 1.3 i 1 2 t� �y aiaV I .. 1 7e w` I.—, v ;,- to I ' C.' " a `� • oNQ` ,z as� I, a 1 I aw I$ : Ipo � Pal i am � � 'I !OoscFA I kk1I �i w�ir all1.y ¢CO•i I i ��' "il •ffik"., Zl hk r •O z . �s nn 1 V. s L IP' ` �.. .. 1 w 1 Il IR ,6°°` r I .. r /III! k d' "'': �/ H th g _ t:4. ;• - � u / R I I 1X11 gtg • 1.• OkIR.gliEt l', fig= ?Pi' a g = I I ana ,n1-1 I 1 4. 1 INSTR 5266783 OR 5273 PG 3582 RECORDED 5/17/2016 1:21 PM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $35.50 Prepared by and return to: Matthew L.Grabinski, Esq. Coleman,Yovanovich&Koester, P.A. Northern Trust Bank Building 4001 Tamlami Trail North,Suite 300 Naples,Florida 34103 239-435-3535 After recording return to: Collier Insurance Agency Attn: Brad Stockham 2600 Golden Gate Pkwy. Naples,FL 34105 239-403-6869 RESTRICTIVE COVENANT THIS RESTRICTIVE COVENANT (this "Covenant") is made effective as of the/lc /I" day of May, 2016, by and between HALSTATT, LLC, a Florida limited liability company ("Halstatt"), whose address is 2600 Golden Gate Parkway, Naples, FL 34105, and O'DONNELL LANDSCAPES, INC., a Florida corporation, whose address is 4291 Williams Road, Estero, FL 33928 ("O'Donnell"). WITNESSETH WHEREAS, Halstatt is, on this date, conveying to O'Donnell title to that real property described on Exhibit "A" attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, Halstatt and O'Donnell hereby agree that the Property shall be subject to the terms of this Covenant. NOW, THEREFORE, in consideration of the sum of Ten and No/100 Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Restrictive Covenant. The Property shall not be used for any purpose other than agricultural and other uses that are consistent with the Florida Power and Light Company easements that currently encumber the Property. No portion of the Property shall be used for: (a) the keeping of livestock or other animals on the Property, or (b) the conducting of any activity or the storage of fertilizers, fuels or any other materials that cause any odor that is materially discernable from lands located adjacent to the Property and commonly known as the Grey Oaks community, it being the express intent of the parties that the use of the Property not materially interfere with or materially detract from the use and enjoyment of the Grey Oaks community. In addition, no outdoor music shall be played on the Property which can be heard in the Grey Oaks Community, nor shall the use of loudspeakers on the Property be allowed at any time; nor shall any use of the Property be made that creates any loud noise which creates a material and adverse impact on any of the residents of the Grey Oaks community, with the exception that the owner of the Property shall be entitled to take whatever action is reasonably necessary to take precautions against pending freezes, inclement weather or threatened tropical storm events. EXHIBIT"G" oR 5273 PG 3583 2. Remedies; Enforcement. Failure to comply with the provisions herewith shall be grounds for immediate action. The enforcement of this Covenant may be by proceeding at law for damages and/or in equity to compel compliance with its terms, or to prevent violation or breach of any of the covenants or terms herein. The terms and conditions of this Covenant shall be enforceable by Halstatt and Grey Oaks Property Owners Association, Inc., a Florida not-for-profit corporation (the "HOA"), and their respective successors and written assigns. Halstatt may elect, in its sole discretion, to assign its rights to enforce this Covenant to the HOA, by written recorded instrument. 3. Successors and Assigns. The Covenant shall run with the Property, be binding on all parties having any right, title or interest in any part of the Property, their heirs, successors in title and assigns, and shall inure to the benefit of, and be binding upon, the parties and their respective successors and/or express assigns. 4. Governing Law;Attorneys' Fees. This Covenant shall be governed by and construed in accordance with the laws of the State of Florida. The prevailing party in any legal proceeding regarding this Covenant shall be entitled to recover from the other party all reasonable attorneys'fees and costs incurred in connection with such proceeding. IN WITNESS WHEREOF, the undersigned have executed this Covenant as of the day and year first above written. tnesses: HALSTATT, LLC, a Florida limi -d lia. lity company ...... OF 0 PElam�� tIsCI(�� l By: I .. . #-- , 10IiAL C\�Q 'atherine G. Sproul, C'• Print Name: Ceti Asat�.L State of Florida County of Collier ,i-ti The foregoing instrument was acknowledged and subscribed before me this day of May, 2016, by Katherine G. Sprout, as CEO of Halstatt, LLC, a Florida limited liability company, on behalf of the company, ( )() who is personally known to me or ( ) has produced _ as identification. Notary Public rrk;,"•s PAMELA M.WALKUP Print Notary Name: IS �., Commission#FF 939815 My Commission expires: R: '3 -.411 Expires March 28,2020 ‘tA„',„r' Bcand Thu Tori Fein rearm 8004t5-7019 OR 5273 PG 3584 Witnes--s. O'DONNELL LANDSCAPES, INC., a Florida corporation, i �/ By: Print 71M. -, s�,iv��-�.-, / ,' ;2 / r�LC /e,' --e Na = 4 4dr�c 6 i7dlt end- rint Name: r� / Its: i'i ' �Cbra K ac?,,At, // (Corporate Seal) State of Flo( a County of i Q. The foregoing instrument was acknowledged and subscribed before me this i 1`� day of i;Lt� A, 2016, by c a.,,,,,a as Qa &cof,-O'Donnell Landscapes, Inc., a Florida corporation, on behalf of the corporation, 0-10;16-is'pe ally known to me or ( ) has produced as identification. / f,, Notary u is Print Notary Name: j My Commission expires: ,gs:P ` ALV LEO J.SATORI $ MY COMMISSION#EE 834441 "_�' ' R7 EXPIRES:November 28,2016 7`,`�"V Banded Thru Notary Pubsc Underwriters I