Backup Documents 09/08/2020 Item #16A10 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 tV AM o
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney 01licc
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney()Mee no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed, lithe document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office --(9 I ( (L I L(
4. BCC Office Board of County ?M I n /)
Commissioners n p�/(
5. Minutes and Records Clerk of Court's Office ,/n T---te.
PRIMARY CONTACT INFORMATION !
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Melissa Nute Phone Number x-2361
Contact/ Department
Agenda Date Item was 9/8/2020 Agenda Item Number 16A 10
Approved by the BCC
Type of Document Plat&HoA Declerations Number of Original 2
Attached Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A (Not
appropriate. (Initial) Applicable)
Does the document require the chairman's original signature? MN
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. MN
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the MN
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MN
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 9/8/2020 and all changes made during A is fio
the meeting have been incorporated in the attached document. The County 15‘)P option for
Attorney's Office has reviewed the changes,if applicable. is line.
9. Initials of attorney verifying that the attached document is the version approved by the 04/,A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the \PP n option fo'
Chairman's signature. hisline,.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
MEMORANDUM 1 6 A 10
Date: January 20, 2021
To: Melissa Nute, Site Plan Reviewer
Development Review
From: Teresa Cannon, Senior Deputy Clerk
Minutes & Records Department
Re: Plat & HOA Declaration —Argo Livingston
Attached is a copy of the document as referenced above, (Item #16A10)
approved by Board of County Commissioners on Tuesday, September 8, 2020.
If you need anything further, please feel free to contact me at 252-8411.
Thank you.
Attachment
1 61110
FALK LAW FIRM, P.A.
Steven M. Falk 7400 Tamiami Trail North
Board Certified Specialist Suite 103
Condominium and Planned Development Law Naples, FL 34108
(239) 596-8400 (phone)
(239) 596-8401 (fax)
sfalk@falklawpa.com
www.falklawpa.com
January 4, 2021
VIA COURIER
Matt Hermanson, P.E.
Grady Minor
3800 Via Del Rey
Bonita Springs, FL 34134
Re: Pulte/Ardena
Dear Matt:
Enclosed are the signed HOA documents for Ardena for recording at the same time as the plat.
July your ,
Steven M. Falk
Enclosure
4816-9969-9670,v. 1
16A1U
DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS
FOR
ARDENA
Instrument prepared by and after recording return to:
Steven M.Falk,Esq.
Falk Law Firm,P.A.
7400 Tamiami Trail North,Suite 103
Naples,FL 34108
(239)596-8400
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4814-2036-9337,v.2
1 6A10
TABLE OF CONTENTS
DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS
FOR
ARDENA
PAGE NO.
1. DEFINITIONS 2
1.1 Architectural Reviewer 2
1.2 Assessment 2
1.3 Association 2
1.4 Board of Directors 2
1.5 Builder 2
1.6 Common Area 2
1.7 Common Expenses 2
1.8 Community 2
1.9 Conservation Area 2
1.10 Developer 2
1.11 Declaration 3
1.12 Family or Single Family 3
1.13 Governing Documents 3
1.14 Guest 3
1.15 Institutional Mortgagee 3
1.16 Lease 3
1.17 Member 3
1.18 Owner 3
1.19 Parcel 4
1.20 Preservation Area 4
1.21 Primary Occupants 4
1.22 Rules and Regulations 4
1.23 Single Family Residence 4
1.24 Surface Water Management System 4
1.25 Tenant 4
1.26.Turnover Date 4
1.27 Unit 5
1.28 Wetland 5
4814-2036-9337,v.2
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2. PULTE;ARDENA AND LOGO(S); SURROUNDING AREAS;AND WILDLIFE 5
2.1 Pulte,Ardena and Logo(s) 5
2.2 Surrounding Areas 5
2.3 Wildlife 5
3. ASSOCIATION:MEMBERSHIP: VOTING RIGHTS 5
3.1 Articles of Incorporation 6
3.2 Bylaws 6
3.3 Delegation of Management 6
3.4 Membership 6
3.5 Voting Interests 6
3.6 Approval or Disapproval of Matters 7
3.7 Change of Membership 7
3.8 Termination of Membership 7
3.9 Association As Owner of Parcels 7
3.10 Membership Roster 7
3.11 Limitation on Liability 7
3.12 Board of Directors 7
3.13 Powers and Duties 8
4. COVENANT FOR ANNUAL AND SPECIAL ASSESSMENTS AND CHARGES 8
4.1 Creation of Lien and Personal Obligation for Assessments and Charges 8
4.2 Share of Assessments 9
4.3 Developer Subsidy 9
4.4 Establishment of Liens 10
4.5 Priority of Liens 10
4.6 Collection of Assessments and Charges 11
4.7 Certificate 12
4.8 Initial Contributions 12
4.9 Resale Assessments 12
4.10 One-Time Payment 13
4.11 Enforcement Against Tenants 13
5. ARCHITECTURAL AND AESTHETIC CONTROL 14
5.1 Necessity of Architectural Review and Approval 14
5.2 Architectural Review 14
5.3 Powers and Duties of Architectural Reviewer 15
5.4 Architectural Control by Developer 16
5.5 Garages 16
5.6 Encroachments Into Lake Maintenance Easements Prohibited 17
5.7 Developer and Builder Construction 17
5.8 Prohibition on Grading Modifications and Impairment of Drainage 17
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5.9 Other Approvals Required 17
5.10 No Waiver of Future Approvals 17
6. PROPERTY RIGHTS:EASEMENTS 17
6.1 Use of Common Area 17
6.2 Easements 19
6.3 Partition: Separation of Interest 20
6.4 Construction;Maintenance 20
6.5 Additional Easements 20
6.6 Polling Place Requirement 20
7. MAINTENANCE OF COMMON AREA, PARCELS AND UNITS 20
7.1 Association Maintenance 20
7.2 Owner Maintenance 21
7.3. Alterations and Additions to Common Area 21
7.4 Enforcement of Maintenance 21
7.5 Negligence: Damage Caused by Condition in Unit 21
7.6 Developer's Lien 21
7.7 Surface Water Management System 22
8. INSURANCE 25
9. USE RESTRICTIONS 25
9.1 Residential Purposes 25
9.2 Signs 26
9.3 Nuisance 26
9.4 Underground Utility Lines and Services 27
9.5 Common Area 27
9.6 Pets and Animals 27
9.7 Trucks,Commercial Vehicles,Recreation Vehicles,Mobile Homes,Boats,Campers
and Trailers 27
9.8 Exterior Colors 28
9.9 Landscaping 28
9.10 Driveways and Parking Areas 28
9.11 Antennas and Flagpoles 28
9.12 Outdoor Equipment Z9
9.13 Air Conditioning and Heating Equipment 29
9.14 Solar Collectors 29
9.15 Walls,Fences,Window Coverings,Play Equipment and Hurricane Shutters 29
9.16 Lighting 29
9.17 Developer 29
9.18 Clothes Drying Area/Clotheslines 30
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9.19 Pools 30
9.20 Subdivision of Parcels 30
9.21 Hurricane Season 30
9.22 Drones and Other Aerial Devices 30
9.23 Oil,Gas and Mineral Rights 30
9.24 Developer Exemption 30
9.25 Additional Restrictions;Exhibits 30
10. DEVELOPER'S AND ASSOCIATION'S EXCULPATION 30
11. ENFORCEMENT OF COVENANTS AND ABATEMENT OF VIOLATIONS 30
11.1 Legal Action 31
11.2 Entry by Association and/or the Developer 31
11.3 Fines 31
11.4 Alternative Method for Resolving Disputes with the Developer and Developer
Appointees 32
12. LEASING,CONVEYANCE,DISPOSITION 33
12.1 Forms of Ownership 33
12.2 Transfers and Leases 34
12.3 Procedures 35
12.4 Leasing 36
12.5 Exceptions With Respect to the Developer and Institutional Mortgagees 36
12.6 Unapproved Leases 36
13. DEVELOPER'S AND BUILDER'S RIGHTS AND DUTIES 36
13.1 Developer's and Builders' Use 36
13.2 Assignment of Development Rights 37
14. DURATION OF COVENANTS:AMENDMENT OF DECLARATION 37
14.1 Duration of Covenants 37
14.2 Proposal 37
14.3 Vote Required 38
14.4 Certificate;Recording 38
14.5 Limitation on Amendments to Governing Documents 38
14.6 Developer Amendment of Documents 39
15. TURNOVER 39
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16. GENERAL PROVISIONS 39
16.1 Waiver 39
16.2 Severability 39
16.3 Headings 40
16.4 Notices 40
16.5 Interpretation 40
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DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS
FOR
ARDENA
PULTE HOME COMPANY, LLC, a Michigan limited liability company, the present fee title
owner of the property legally described in Exhibit "A" hereto, hereinafter called "Developer", to its
grantees, successors and assigns and all future owners of Parcels, hereby makes the following
Declaration of Covenants,Conditions and Restrictions.
It is the intent of the Developer to ultimately develop the real property, as described in Exhibit
"A", as a planned unit development named "Ardena" consisting of up to 77 residential dwellings. Upon
recording this Declaration, the Developer hereby submits the real property described in Exhibit "A" to
the terms and conditions of this Declaration.
The Developer reserves the right to amend this Declaration in order to remove real property that
it owns from the terms of this Declaration, provided that it shall not have the authority to remove
Common Area that has been improved by a structure intended for recreational purposes. In the event the
Developer removes real property from the terms of this Declaration ("Removed Property"), the
Developer hereby reserves the right, on behalf of its successors and assigns, to grant the owners of
residential dwellings in the real property that has been submitted to and/or removed from the terms of
this Declaration, use and easement rights to all or portions of the Removed Property and/or the Common
Area, all upon such terms as the Developer may impose in an agreement recorded in the Public Records
of Collier County,Florida.
For the purpose of enhancing and protecting the value, attractiveness and desirability of the
residential dwellings constituting such development, the Developer hereby declares that all of the real
property described and each part thereof shall be developed as a planned unit development and shall be
held, sold and conveyed only subject to the following easements, covenants, conditions and restrictions
which shall constitute covenants running with the land and shall be binding on all parties having any right,
title or interest in the above described property, or any part thereof, their heirs, successors and assigns and
shall inure to the benefit of each Owner thereof and the Association.
Although the Community is anticipated to have up to 77 residential dwellings, the Developer
makes no representation or warranty regarding the timing of or guarantees the construction of residential
dwellings or the number or types of residential dwellings which will ultimately be constructed. From
time to time, the Developer and others may present to the public certain renderings, plans and models
showing possible future development of the Community and surrounding areas. The Developer does not
represent or warrant in any way that future improvements in the Community and surrounding areas will
be actually developed or developed in accordance with such renderings, plans and models. The
Developer reserves the right to seek approval from applicable zoning and regulatory authorities to
increase the number of residential dwellings that may be constructed in the Community and therefore the
number of Parcels that may be subjected to this Declaration. Accordingly, the Developer reserves the
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16A10
right to subject additional real property to this Declaration that is not legally described in Exhibit"A". If
the Developer adds and subjects real property that is not described in Exhibit "A" or obtains approval
from zoning and regulatory authorities to increase the maximum number of Parcels that may be
conveyed,the Turnover Date set forth in Section 15 below shall be extended.
1. DEFINITIONS. The terms used in this Declaration and its recorded exhibits shall have the definitions
set forth in Chapter 720, Florida Statutes (2020) (the "Act"), unless otherwise defined below(it being the
intent hereof that future amendments to the Act not be retroactively applied to impair substantive rights of
the Developer set forth herein):
1.1 "Architectural Reviewer" means and refers to the entity responsible for review and approval of
construction and alterations to improvements,as more particularly described in Section 5 herein.
1.2 "Assessment" shall have the meaning set forth in the Act.
1.3 "Association" shall mean and refer to Ardena Homeowners Association, Inc., a Florida
corporation not for profit.
1.4 "Board of Directors" means and refers to the Board of Directors of the Association.
1.5 "Builder" means and refers to a builder, contractor or other person who purchases one (1) or
more Parcels from the Developer or a Builder to construct improvements thereon for resale. There may
be more than one(1)Builder in the Community.
1.6 "Common Area" means and refers to all real property which is now or hereafter owned or
leased by the Association or dedicated for use or maintenance by the Association or its Members,including,
regardless of whether title has been conveyed to the Association: real property the use of which is dedicated
to the Association or its Members by a recorded plat; or real property committed by this Declaration to be
leased or conveyed to the Association.
1.7 "Common Expenses" means and refers to all expenses properly incurred by the Association in
the performance of its duties.
1.8 "Community" means and refers to all real property which is subject to this Declaration and
includes both Common Area and Parcels.The Community is also referred to herein as"Ardena".
1.9 "Conservation Area" means and refers to that portion of the Common Area, if any,other than
a Preservation Area,which may include native habitats set aside to fulfill open space requirements.
1.10 "Developer" means and refers to Pulte Home Company, LLC, a Michigan limited liability
company. Any or all of the Developer's rights and obligations may be assigned, in whole or in part,
from time to time, to other parties. Whenever such term is used in the Governing Documents, it shall
always be deemed to include any successor in interest to the Developer's development rights and
obligations, provided that such is evidenced by a written instrument and recorded in the Public Records of
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Collier County,Florida. The Developer may allow other parties to exercise, on a one-time or limited
basis, any Developer rights without transferring or relinquishing all of such rights, and in such case,
a recorded instrument shall not be required. Unless otherwise provided in a written assignment, the
assignment of all of the Developer's rights and obligations shall not result in the Developer
relinquishing its rights with respect to real property that it owns, nor being relieved of its
obligations that accrued as of such date. The Developer shall not be liable for acts or omissions
made by or on behalf of a successor Developer.
1.11 "Declaration" means and refers to this Declaration of Covenants, Conditions and Restrictions,
and any amendments hereto.
1.12 "Family" or "Single Family" shall refer to one (1) natural person(as opposed to an artificial
entity); or a group of two(2)or more natural persons living together each of whom is related to each of the
others by blood, marriage, legal custody or adoption; or not more than two (2) persons not so related, who
reside together as a single housekeeping unit,along with their children, if any.
1.13 "Governing Documents" means and refers to this Declaration, the Articles of Incorporation,
Bylaws,Rules and Regulations,Architectural Review Guidelines and the Resolutions of the Association, all
as amended from time to time. In the event of a conflict in the interpretation of the Governing Documents,
they shall be applied in the order of priority stated above.
1.14 "Guest" means any person physically present in, or occupying a Unit on a temporary basis at
the invitation of the Owner or other legally permitted occupant, without the payment of consideration, or
using the Common Area at the invitation of an Owner or other legally permitted occupant.
1.15 "Institutional Mortgagee" means the mortgagee or assignee of a first mortgage against a Parcel,
which mortgagee or assignee is a bank, savings and loan association, mortgage company, real estate or
mortgage investment trust,pension or profit sharing trust,the Federal Housing Administration,the Veterans
Administration, or any agency of the United States of America. The term also refers to any holder of a
mortgage against a Parcel or Unit which mortgage is guaranteed or insured (as evidenced by a recorded
instrument) by the Federal Housing Administration,the Veterans Administration, any agency of the United
States of America or by any other public or private agency engaged in the business of purchasing,
guaranteeing or insuring residential mortgage loans, and their successors and assigns. An "Institutional
Mortgage" is a mortgage held by an Institutional Mortgagee encumbering a Unit.
1.16 "Lease" means the grant by an Owner of a temporary right to occupy the Owner's Unit for
valuable consideration, including a grant of a license via Airbnb, house swap, barter, business "perk" or
similar arrangement that involves consideration other than rent.
1.17 "Member" means and refers to all persons who are members of the Association as provided in
the Governing Documents.
1.18 "Owner" means and refers to any person or persons, entity or entities, who is or are the record
owner(s)of the fee simple title to any Parcel in the Community.
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1.19 "Parcel" means any platted or unplatted lot, tract or other discrete area of real property
within the Community which is capable of separate conveyance and has been subjected to this
Declaration, but shall exclude: Common Area; all property dedicated or deeded to Collier County,
Florida,the South Florida Water Management District("SFWMD") or any other governmental authority,
taxing district or a public or private utility, including, without limitation, roads, environmental buffers,
landscape buffers, preservation and Conservation Areas and lakes. Wherever herein the term "Parcel" is
used in this Declaration, it shall be interpreted as if followed by the words "and Unit constructed thereon"
except where the context clearly requires otherwise.
1.20 "Preservation Area" means that portion of the Common Area, if any, which is intended to
be preserved and maintained by the Association in its existing(or restored) natural and native condition
in perpetuity.
1.21 "Primary Occupants" means the two(2)natural persons approved for occupancy,together with
their Family,in accordance with Section 12 herein.
1.22 "Rules and Regulations" means and refers to the rules and regulations adopted, amended and
rescinded from time to time by the Board of Directors.
1.23 "Single Family Residence" means and refers to a Unit which is restricted to occupancy only by
the Owner or Primary Occupants and their Family,Guests and Tenants as further provided herein.
1.24 "Surface Water Management System" means and refers to a drainage system consisting of
swales, inlets, culverts, retention ponds, ditches, water control features, floodplain compensation areas,
wetlands and any associated buffer areas and wetland mitigation areas, detention ponds, lakes, outfalls,
storm drains and other similar and/or related improvements, and all connecting pipes and easements, to
the extent that any such facilities, areas or conditions apply to the Community, which is designed and
constructed or implemented to control discharges necessitated by rainfall events, incorporating methods
to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding,
overdrainage, environmental degradation, and water pollution or otherwise affect quantity and quality of
discharges from the system,as permitted pursuant to the permit issued by the SFWMD.
1.25 "Tenant means and refers to one who leases or rents from an Owner and holds temporary
possession of a Unit.
1.26 "Turnover Date" shall mean the date upon which control of a majority of the seats on the
Board of Directors is transferred to the Members other than the Developer as described in Section 15
herein. "Turnover" shall mean and refer to the process by which the Developer transfers control of the
Board of Directors to the Members other than the Developer and transfers physical possession or control
of those records set forth in Section 720.307 of the Act. "Turnover Meeting" shall mean the meeting of
the Members on the Turnover Date at which the Turnover is completed. The term "Members other than
the Developer"does not include Builders.
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1.27 "Unit" means and refers to any or all the residences which will be constructed on the Parcels,
each intended for use and occupancy as a Single Family Residence.
1.28 "Wetland" means and refers to any area within the Community identified or designated as
habitat for wetland species of plants and/or animals by the SFWMD or by Collier County, Florida, or by
the United States Army Corps of Engineers, or by any other agency of the State of Florida or the United
States government, whether or not such area is included within the Surface Water Management System
or is an isolated area that is not connected to the Surface Water Management System.
2. PULTE;ARDENA AND LOGO(S); SURROUNDING AREAS;AND WILDLIFE.
2.1 "Pulte", "Ardena" and Logo(s). No person shall use the terms "Pulte", "Ardena", any
derivative thereof or any "Pulte" or "Ardena" logos in any printed or promotional material without the
prior written consent of the Developer. However, Members, realtors and other persons may use the term
"Ardena" in printed or promotional matter where such term is used solely to specify that a particular
Parcel is located within Ardena. The Association shall be entitled to use the term"Ardena" in its name.
2.2 Surrounding Areas. THE DEVELOPER MAKES NO REPRESENTATIONS,
WHATSOEVER, WITH REGARD TO THE CURRENT OR FUTURE DEVELOPMENT OR USE OF
ANY OF THE SURROUNDING PROPERTIES OR WHAT MIGHT EVENTUALLY BE
CONSTRUCTED UPON ANY OF THE SURROUNDING PROPERTIES, IF ANYTHING. THE
CURRENT ZONING DESIGNATIONS OF ALL SURROUNDING PROPERTIES CAN BE
RESEARCHED AT THE PLANNING AND ZONING OFFICES. IF THE CURRENT AND/OR
POTENTIAL FUTURE DEVELOPMENT AND/OR USES OF THESE PROPERTIES ARE
IMPORTANT TO A BUYER'S DECISION TO PURCHASE A UNIT IN THE COMMUNITY, THE
BUYER SHOULD PERFORM AN INDEPENDENT INVESTIGATION. BUYERS ACKNOWLEDGE
AND AGREE THAT THE DEVELOPER SHALL HAVE NO OBLIGATION OR LIABILITY TO
BUYERS AS TO THE CURRENT OR FUTURE DEVELOPMENT OR USE OF ANY OF THE
SURROUNDING PROPERTIES.
2.3 Wildlife. BY ACCEPTANCE OF A DEED, ALL BUYERS/OWNERS ACKNOWLEDGE
THAT AREAS OF THE COMMUNITY OR PROPERTY IN THE PROXIMITY OF THE
COMMUNITY MAY CONTAIN WILDLIFE INCLUDING, BUT NOT LIMITED TO, INSECTS,
ALLIGATORS, COYOTES, BOBCATS, PANTHERS, OPOSSUMS, ARMADILLOS, RACCOONS,
SNAKES, DUCKS, DEER, SWINE, TURKEYS, BEARS, BIRDS OF PREY, RODENTS, FOXES,
ETC. THE DEVELOPER AND THE ASSOCIATION SHALL HAVE NO RESPONSIBILITY FOR
MONITORING OR CONTROLLING SUCH WILDLIFE OR NOTIFYING BUYERS/OWNERS OR
PERSONS OF THE PRESENCE OF SUCH WILDLIFE. EACH OWNER, TENANT, ALL OTHER
OCCUPANTS OF HOMES, GUESTS AND INVITEES ARE RESPONSIBLE FOR THEIR OWN
SAFETY AND TO BE AWARE OF THEIR SURROUNDINGS.
3. ASSOCIATION: MEMBERSHIP: VOTING RIGHTS. The administration,management and ownership
of the Common Area shall be by the Association, which shall perform its functions pursuant to the
following:
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3.1 Articles of Incorporation. A copy of the Articles of Incorporation is attached as Exhibit"B".
3.2 Bylaws. A copy of the Bylaws is attached as Exhibit"C".
3.3 Delegation of Management. The Association may contract for the management and
maintenance of the Community and authorize a management agent to assist the Association in carrying out
its powers and duties by performing such functions as the submission of proposals, collection of
Assessments, preparation of records, enforcement of rules and maintenance, repair and replacement of the
Common Area, with funds made available by the Association for such purposes. The Association and its
officers shall,however,retain at all times the powers and duties provided in the Governing Documents.
3.4 Membership. Every person or entity who is an Owner shall be a Member, except that if a
Parcel is subject to an agreement for deed, the purchaser in possession shall be considered the Owner for
purposes of determining voting and use rights.
(A) Class "A". Class "A" Members shall be the Owners, with the exception of the Class `B"
Member. Class"A"Membership shall become effective upon the last to occur of the following:
(1) Recording a deed or other instrument evidencing legal title to the Parcel in the Public
Records of Collier County,Florida.
(2) Delivery to the Association of a copy of the recorded deed or other instrument evidencing
title.
(3) Delivery to the Association,if required,of a written designation of the Primary Occupants.
The failure to comply with the prerequisites set forth in (2)-(3) above shall not release the Owner from the
obligation to comply with the Governing Documents, but shall otherwise preclude such Owner from
obtaining the benefits of membership,including,without limitation,the right to receive notices and the right
to vote on Association matters.
(B) Class `B". The Class `B" Member shall be the Developer or any successor to the
Developer's development rights and obligations.
Membership shall be appurtenant to, run with, and shall not be separated from the real property interest
upon which Membership is based.
3.5 Voting Interests. In accordance with Section 720.301(13)of the Act,the term"Voting Interest"
means the voting rights distributed to the Members pursuant to the Governing Documents. The Class"A"
Members of the Association are entitled to one(1)vote for each Parcel they own. The total number of Class
"A" votes shall not exceed the total number of Parcels subject to this Declaration. The vote of a Parcel is
not divisible. If a Parcel is owned by one (1) natural person, his right to vote shall be established by the
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record title. If a Parcel is owned jointly by two (2) or more natural persons who are not acting as trustees,
that Parcel's vote may be cast by any one (1) of the record Owners. If two(2) or more Owners of a Parcel
do not agree among themselves how their one (1) vote shall be cast, that vote shall not be counted for any
purpose. If the Owner is a corporation, partnership, limited liability company,trust,trustee or other entity
other than a natural person, the vote of that Parcel shall be cast by any officer,director, partner, manager,
managing member or trustee, as the case may be. The Class`B" Member shall be entitled to a number of
votes equal to the total number of Parcels owned by the Class "A" Members plus one (1) vote; provided
that subsequent to the Turnover Date,the Class`B"Member shall be entitled to one(1)vote for each Parcel
it owns.
3.6 Approval or Disapproval of Matters. Whenever the decision or approval of the Owner of a
Parcel is required upon any matter, whether or not the subject of an Association meeting, such decision or
approval may be expressed by any person authorized to cast the vote of such Parcel at an Association
meeting,as stated in Section 3.5 above,unless the joinder of all Owners is specifically required.
3.7 Change of Membership. A change of membership shall be established as provided in Section
3.4 above;and the membership of the prior Owner shall thereby be automatically terminated.
3.8 Termination of Membership. The termination of membership in the Association does not
relieve or release any former Member from liability or obligation incurred under or in any way connected
with the Association during the period of his membership, nor does it impair any rights or remedies which
the Association may have against any former Owner or Member arising out of or in any way connected with
such ownership and membership and the covenants and obligations incident thereto.
3.9 Association As Owner of Parcels. The Association has the power to purchase Parcels and
Units, and to acquire and hold, lease, mortgage, and convey them, by act of a majority of the Board of
Directors.
3.10 Membership Roster. The Association shall maintain a current roster of names and mailing
addresses of Owners and Primary Occupants. A copy of the up to date roster shall be available to any
Owner upon request,subject to the exclusion of information that is protected from disclosure pursuant to the
Act.
3.11 Limitation on Liability. Notwithstanding the duty of the Association to maintain and repair
the Common Area,the Association shall not be liable to Owners for property damage other than the cost of
maintenance and repair, caused by any latent condition of the property to be maintained and repaired by the
Association,or caused by the elements or Owners or other persons.
3.12 Board of Directors. Except as otherwise provided by law or by the Governing Documents,the
Association shall act through its Board of Directors and its officers, and no vote of the Members shall be
required. The officers and Directors of the Association have a fiduciary relationship to the Members. An
Owner does not have the authority to act for the Association by virtue of being an Owner.
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3.13 Powers and Duties. The powers and duties of the Association include those set forth in the
Governing Documents.
4. COVENANT FOR ANNUAL AND SPECIAL ASSESSMENTS AND CHARGES.
4.1 Creation of Lien and Personal Obligation for Assessments and Charges. Subject to the
limitations on Assessment liability set forth elsewhere in this Declaration, the Developer for each Parcel
within the Community, hereby covenants, and each subsequent Owner of any Parcel (including any
purchaser at a judicial sale), by acceptance of a deed therefor,whether or not it shall be so expressed in such
deed,is deemed to covenant and agree to pay to the Association:
(A) the Parcel's pro rata share of annual Assessments based on the annual budget adopted by
the Association(other than Landscaping Assessments, as described below, which shall be shared on a pro
rata basis solely by the Owners of Parcels of the same size);
(B) the Parcel's pro rata share of special Assessments for Association expenditures not
provided for by annual Assessments (other than special Landscaping Assessments, which shall be shared
on a pro rata basis solely by the Owners of Parcels of the same size);
(C) any charges against less than all of the Parcels specifically authorized in this Declaration or
the Bylaws;
(D) initial contributions, as authorized pursuant to Section 4.8 below and as determined by the
Developer.Initial contributions are not Assessments;
(E) resale assessments,as authorized pursuant to Section 4.9 below("Resale Assessments").
(F) Assessments for the costs of the Association maintaining, repairing and replacing lawns
and landscaping (including irrigation equipment), as set forth in Section 7.1 below ("Landscaping
Assessments"). If Parcels have different sizes, Landscaping Assessments shall vary by amount based upon
the respective sizes. Landscaping Assessments shall be considered Assessments, except that Landscaping
Assessments shall: vary by amount based upon the size of Parcels; and will be shared solely by the Owners
of Parcels of the same size.
Assessments and charges shall be established and collected as provided herein and in the Bylaws. The
Assessments and charges, together with interest, costs, and reasonable attorney's fees shall bind such
property in the hands of the Owner, his heirs, devisees, personal representatives, successors and assigns. In
any conveyance, voluntary or otherwise, the transferee shall be jointly and severally liable with the
transferor for all unpaid Assessments and charges coming due prior to the time of such conveyance,without
prejudice to the rights of the transferee to recover from the transferor the amounts paid by the transferee.
Except as provided elsewhere in this Declaration as to the Developer, Builders and first mortgagees (or
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their successors or assignees as a subsequent holder of the first mortgage), no Owner may be excused
from the payment of Assessments unless all Owners are similarly excused.
4.2 Share of Assessments. Except as otherwise provided as to the Developer, Builders and first
mortgagees (or their successors or assignees as a subsequent holder of the first mortgage) or as otherwise
provided pursuant to this Declaration,each Parcel(and the Owner thereof)which has been submitted to the
terms of this Declaration and which contains a Unit for which a final certificate of occupancy has been
issued, shall be liable for its pro rata share of all Assessments. A Parcel which has been submitted to the
terms of this Declaration containing land or improvements for which a final certificate of occupancy has not
been issued, shall pay Assessments equal to five (5) percent(5%)of the Assessments which are payable by
Parcels containing a Unit for which a final certificate of occupancy has been issued. All Common Area,and
any property dedicated to and accepted by any governmental authority,taxing district, SFWMD or public or
private utility shall be exempt from payment of Assessments and charges.
4.3 Developer Subsidy. Notwithstanding anything to the contrary contained in this Declaration,
at any time prior to the Turnover Date the Developer may elect, for each fiscal year or portion thereof, to:
(a) pay Assessments on its Parcels that are subject to this Declaration as set forth in Section 4.2 hereof;
or (b) not pay Assessments on its Parcels that are subject to this Declaration and in lieu thereof, to pay
the difference between (i) the Association's actual operating expenses incurred (either paid or payable),
BUT NOT ANY CAPITAL IMPROVEMENT COSTS, RESERVES AND SPECIAL
ASSESSMENTS; and(ii) the amount of revenues earned(either received or receivable)from all sources
(including, without limitation, Assessments, interest, late charges, fines, charges and other income
sources and any surplus carried forward from the preceding year(s). The option described in (b) above
shall be referred to herein as the "Developer Subsidy". Any amounts paid by the Developer that exceed
the Developer Subsidy obligation are referred to herein as "surplus" and shall be considered a loan from
the Developer to the Association. Any surplus may either be paid to the Developer after the conclusion
of the fiscal year upon demand or carried forward to the next fiscal year. Any surplus remaining at the
Turnover Date shall be paid to the Developer upon demand.
The Developer's election to choose the Developer Subsidy option may be evidenced by a
notation in the Association's budget for the subsequent fiscal year or portion thereof, or otherwise. If the
Developer fails to make an election prior to the beginning of any fiscal year, it shall be deemed to have
elected the option chosen in the prior fiscal year unless it subsequently notifies the Association in writing
that it wishes to use the alternate option with respect to its Parcels. The Developer's obligations
hereunder may be satisfied in the form of a cash subsidy or by "in kind" contributions of services or
materials or a combination of a cash subsidy and "in kind" contributions. The Developer shall not be
obligated to fund the Developer Subsidy until needed by the Association to fund cash expenditures by the
Association.
The Developer may (but is not obligated to) loan, advance or otherwise make payments, "in
kind" contributions of services or materials (or a combination thereof) to the Association to assist the
Association in meeting its financial obligations, in addition to the Developer's obligation to either pay
Assessments (to the extent required pursuant to Section 4.2 above) or fund the Developer Subsidy.
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Notwithstanding anything to the contrary contained in this Declaration, if, prior to the Turnover Date,the
Developer loans, advances or otherwise makes payments, "in kind"contributions of services or materials
(or a combination thereof) in excess of its Assessment or Developer Subsidy obligations,any such excess
sums shall be repaid to the Developer upon demand.
After the Turnover Date, the Developer shall pay Assessments on its Parcels that are subject to
this Declaration, but the amount to be paid for a particular Parcel shall be determined by whether the
Parcel contains a Unit which has been issued a final certificate of occupancy as of when the particular
Assessment becomes due (i.e., as of the commencement of the fiscal year if the Assessment is billed
annually, or as of the commencement of the quarter if the Assessment is billed quarterly). As set forth in
Section 4.2 above, a Parcel which has been submitted to the terms of this Declaration containing land or
improvements for which a final certificate of occupancy has not been issued,shall pay Assessments equal
to five (5) percent (5%) of the Assessments which are payable by Parcels containing a Unit for which a
final certificate of occupancy has been issued.
4.4 Establishment of Liens. Any and all Assessments and charges levied by the Association or
collected on its behalf in accordance with the provisions of the Governing Documents,together with interest
at the highest rate allowed by law, late fees, and costs of collection(including, but not limited to reasonable
attorney's fees) are hereby declared to be a charge and continuing lien upon the Parcel against which such
Assessment(s) or charge(s) are made, and shall also be the personal obligation of the Owner of such Parcel.
This lien is superior to any homestead rights the Owner may acquire. No Owner may exempt himself from
personal liability for Assessments and charges, or release his Parcel from the liens and charges hereof, by
waiver of the use and enjoyment of the Common Area, or by abandonment of his Parcel. The continuing
lien may be perfected by the Association recording a Claim of Lien in the Public Records of Collier County,
Florida, setting forth the description of the Parcel, the name of the Owner, the name and address of the
Association and the amount and due date of each unpaid Assessment and charge as of the date the Claim of
Lien is recorded. The Claim of Lien may be executed by either an officer of the Association or its legal
counsel. The effectiveness of the Claim of Lien shall relate back to the date this Declaration was recorded in
the Public Records of Collier County, Florida. However, with respect to first mortgages of record, the
Association's lien is effective from and after recording of a Claim of Lien in the Public Records of
Collier County, Florida. A Claim of Lien shall secure payment of all Assessments and charges due at the
time of recording (including interest, late fees, costs and attorney's fees as provided above), as well as all
Assessments, interest, late fees, costs and attorney's fees coming due subsequently, until the Claim of Lien is
satisfied or a final judgment of foreclosure obtained. Upon full payment of all sums secured by that Claim
of Lien,the party making payment is entitled to a Satisfaction of Lien.
4.5 Priority of Liens. The foregoing notwithstanding, the Association's lien for unpaid
Assessments and charges shall be subordinate and inferior to the lien of all municipal, county, state and
federal taxes, assessments and other levies which by law would be superior thereto.The Association's lien
shall be subordinate and inferior to: all taxes, and other levies which by law would be superior thereto;
and the lien of any recorded first mortgage, unless the Association's Claim of Lien was recorded prior to the
first mortgage, but shall be superior to, and take priority over any other mortgage or lien regardless of when
recorded. Any Lease of a Unit shall be subordinate and inferior to any Claim of Lien of the Association,
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regardless of when the Lease was executed. A mortgagee in possession, a receiver, a purchaser at a
foreclosure sale, or a mortgagee that has acquired title by deed in lieu of foreclosure, and all persons
claiming by,through or under such purchaser or mortgagee shall hold title subject to the liability and lien of
any Assessment and charges coming due after foreclosure or conveyance in lieu of foreclosure. When a
first mortgagee or its successor or assignee as a subsequent holder of the first mortgage obtains title to a
Parcel as a result of a foreclosure of its first mortgage in which it sues the Owner and initially joins the
Association in the mortgage foreclosure action, or obtains title to a Parcel as a result of a deed in lieu of
foreclosure, such first mortgagee or its successor or assignee as a subsequent holder of the first mortgage
which acquires title shall be liable for unpaid Assessments and charges except as may be limited by the Act
as it now exists and as it may be amended from time to time, plus interest, late fees, collection costs and
attorneys' fees and costs incurred by the Association. Any Assessments and charges that such first
mortgagee or its successor or assignee as a subsequent holder of the first mortgage which acquires title to a
Parcel is not obligated to pay the Association pursuant to the Act shall be deemed to be Common Expenses
collectible from Owners of all of the Parcels in the Community, including such acquirer, its successors
and assigns. However, if the Association's Claim of Lien was recorded prior to the first mortgage,the first
mortgagee or its successor or assignee as a subsequent holder of the first mortgage which obtains title shall
be liable for all unpaid Assessments and charges plus interest, late fees, collection costs and attorneys'
fees.
4.6 Collection of Assessments and Charges. If any Owner fails to pay any Assessment or charge,
or installment thereof, within ten (10) days after the due date, the Association shall have any or all of the
following remedies,to the extent permitted by law,which remedies are cumulative and are not in lieu of,but
are in addition to,all other remedies available to the Association:
(A) To charge interest on such Assessment or charge, from the date it becomes due until paid at
the highest rate allowed by law, as well as to impose a late fee not to exceed the greater of Twenty-Five
Dollars ($25.00) or five percent (5%) of the amount of each Assessment installment that is paid past the
due date. The late fee shall not be considered a fine as provided for in Section 11.3, and the procedural
requirements for levying fines set forth therein shall not apply.
(B) To deny Association approval of any proposed Lease of the Owner's Unit.
(C) To file an action in equity to foreclose its lien. The lien may be foreclosed by an action in
the name of the Association in the manner set forth in the Act.
(D) To bring an action at law for a money judgment against the Owner without waiving its right
to foreclose its lien.
(E) To suspend use rights to the Common Area and other facilities if the Owner is more than
ninety(90)days delinquent in paying any fee, fine or other monetary obligation due to the Association
Any payment received by the Association and accepted shall be applied first to any interest accrued,then
to any administrative late fee, then to any costs and reasonable attorney fees incurred in collection, and
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then to the delinquent Assessment. This paragraph applies notwithstanding any restrictive endorsement,
designation, or instruction placed on or accompanying a payment. A late fee is not subject to the
provisions of Chapter 687, Florida Statutes and is not a fine. The foregoing is applicable notwithstanding
Section 673.3111, Florida Statutes, any purported accord and satisfaction, or any restrictive endorsement,
designation, or instruction placed on or accompanying a payment.
4.7 Certificate. Within ten (10) business days after receiving a written or electronic request for
an estoppel certificate from an Owner or the Owner's designee, or a Parcel mortgagee or the Parcel
mortgagee's designee,the Association shall issue the estoppel certificate signed by a Director, authorized
agent or authorized representative of the Association, including any authorized agent, authorized
representative or employee of a management company authorized to complete the estoppel certificate on
behalf of the Board of Directors or the Association. The Association shall otherwise comply with
Section 720.30851 of the Act, as amended from time to time. The Association may charge a reasonable
fee for the preparation and delivery of an estoppel certificate.
4.8 Initial Contributions. Upon the initial conveyance of title to a Parcel from the Developer or a
Builder, a non-refundable contribution in an amount determined by the Developer shall be made by the
purchaser of such Parcel to the Association, to be used to pay Common Expenses. Notwithstanding
anything to the contrary contained in this Declaration, the Developer, Builders and their subsidiaries,
affiliates, successors and assigns, shall be exempt from payment of the contributions required by this
Section 4.8.
4.9 Resale Assessments. Unless otherwise prohibited by FNMA, VA, HUD, FHA, FHLMC, or
other similar governmental or quasi-governmental agency, a Resale Assessment shall be due and payable
to the Association by the transferee upon the conveyance of title to a Parcel by an Owner subsequent to
the initial conveyance of title to the Parcel from the Developer or a Builder. Prior to the Turnover Date,
the Developer shall determine the amount of the Resale Assessment. Subsequent to the Turnover Date,
the Board of Directors shall determine the amount of the Resale Assessment for a particular calendar
year. The Board of Directors may increase the Resale Assessment in subsequent calendar years, but the
amount shall not increase by more than ten percent (10%) over the previous calendar year. The Resale
Assessment will be collected at closing and, upon payment, may be used to pay Common Expenses.
Payment of the Resale Assessment shall be the legal obligation of the transferee of the Parcel. For the
purposes of this Section 4.9, the term "conveyance"shall mean the transfer of title to a Parcel by deed or
other authorized means of conveyance, with or without valuable consideration, and shall also refer to a
transfer of possession and beneficial ownership by means of an agreement for deed, transfer of an
interest in a land trust or similar conveyance of a beneficial interest. With the exception of the Developer
or a Builder, if the Owner is a corporation, limited liability company or other business entity, the term
"conveyance" shall include the sale, issuance or transfer of any voting capital stock or interest of the
Owner or of any corporate entity which directly or indirectly controls the Owner which shall result in a
change in the voting control of the Owner or the legal entity or persons who control the Owner. With the
exception of the Developer or a Builder, if the Owner is a partnership, the sale, issuance or transfer of a
majority interest therein, or the transfer of a majority interest in or a change in the voting control of any
partnership which directly or indirectly controls the Owner, or the transfer of any portion of any general
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partnership or managing partnership interest which shall result in a change of control over the Owner,
shall be deemed a"conveyance" within the meaning of this Section 4.9. Notwithstanding the foregoing,
the following conveyances shall be exempt from payment of the Resale Assessment: (a) to any person
who was a co-Owner immediately prior to such conveyance; (b) to the Owner's estate, surviving spouse
or other heirs, resulting from the death of the Owner; (c) to a trustee or the Owner's current spouse,
solely for bona fide estate planning or tax reasons; (d) to an Institutional Mortgagee or the Association
pursuant to a Final Judgment of Foreclosure or deed in lieu of foreclosure; and (e) to the Developer, a
Builder or their subsidiaries, affiliates, successors and assigns. Provided, however that upon a
conveyance that occurs following the exempt transfers described in (a) through (e) above, the Resale
Assessment shall be due and payable. Notwithstanding anything to the contrary contained in this
Declaration, in no event shall the Developer, a Builder or their subsidiaries, affiliates, successors and
assigns be obligated to pay the Resale Assessment.
4.10 One-Time Payment. The Developer reserves the right to collect from each purchaser, at the
time such purchaser acquires title to a Parcel from the Developer or a Builder, a one-time payment in an
amount set by the Developer from time to time, which payment may be used by the Developer for any
purpose in its sole discretion (the "One-Time Payment"). The One-Time Payment is not an Assessment
or a capital contribution and shall not be considered as an advance payment of Assessments, nor a
reserve. Notwithstanding anything to the contrary contained in this Declaration, the One-Time Payment
shall be paid at the time a Parcel is conveyed by the Developer or a Builder to a third party purchaser, it
being the intent hereof that the Developer and Builders, and their subsidiaries, affiliates, successors and
assigns, shall be exempt from payment of the One-Time Payment.
4.11 Enforcement Against Tenants. Subject to the procedures and limitations set forth in
Section 720.3085(8) of the Act, if a Parcel is occupied by a Tenant and the Owner is delinquent in paying
any monetary obligation due to the Association, the Association may make a written demand that the
Tenant pay the subsequent rental payments and continue to make such payments until all monetary
obligations of the Owner related to the Parcel have been paid in full to the Association. The Tenant must
pay the monetary obligations to the Association until the Association releases the Tenant or the Tenant
discontinues tenancy in the Parcel. The Association may evict the Tenant if the Tenant fails to make a
required payment to the Association.
In the event that Section 720.3085(8) is removed from the Act,the remainder of this Section 4.11
shall be applicable to the Association's ability to collect rent from a Tenant. If an Owner has leased his
Parcel and the Owner becomes delinquent in paying any monetary obligation due to the Association, the
Association may make a written demand that the Tenant pay to the Association the subsequent rental
payments and continue to make such payments until all monetary obligations of the Owner related to the
Parcel have been paid in full to the Association. The Tenant must pay the monetary obligations to the
Association until the Association releases the Tenant or the Tenant discontinues tenancy in the Parcel.
If the Tenant paid rent to the Owner for a given rental period before receiving the demand from the
Association and provides written evidence to the Association of having paid the rent within fourteen(14)
days after receiving the demand,the Tenant shall begin making rental payments to the Association for the
following rental period and shall continue making rental payments to the Association to be credited
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against the monetary obligations of the Owner until the Association releases the Tenant or the Tenant
discontinues tenancy in the Parcel. The liability of the Tenant may not exceed the amount due from the
Tenant to the Owner. The Owner shall provide the Tenant a credit against rents due to the Owner in the
amount of moneys paid to the Association. The Association may evict the Tenant if the Tenant fails to
make a required payment to the Association. However, the Association shall not be considered a
landlord under Chapter 83, Florida Statutes. The Tenant shall not, by virtue of payment of monetary
obligations to the Association, have any of the rights of an Owner. The Board shall have the authority as a
condition of approving a Lease to require that the Tenant and the Owner enter into a Lease addendum that
provides that all Lease payments shall be paid to the Association during such time as the Owner is
delinquent in paying any monetary obligation owed to the Association. Alternatively, the Association may
require that such language be included in the Lease.
5. ARCHITECTURAL AND AESTHETIC CONTROL
5.1 Necessity of Architectural Review and Approval. Except for the Developer and Builders, no
Owner shall make or permit the making of any alterations or additions to his Parcel (including
landscaping), or in any manner change the exterior appearance of any portion of the Unit, without first
obtaining the written approval of the Architectural Reviewer, which approval may be denied if the
Architectural Reviewer determines that the proposed modifications or alterations would adversely affect, or
in any manner be detrimental to, the Community, in part or in whole. Any glass, screen, curtain, blind,
shutter, awning, or other modifications, additions or installations which may be installed where visible from
outside the Unit, are subject to regulation by the Architectural Reviewer. The installation of hurricane
shutters shall be subject to regulation by the Architectural Reviewer. No review or approval by the
Architectural Reviewer shall imply or be deemed to constitute an opinion by the Architectural Reviewer,
nor impose upon the Architectural Reviewer, the Association, the Board of Directors, the Developer and
Builders, nor any other party, any liability for the design or construction of building elements, including,
but not limited to, structural integrity, design, quality of materials, and compliance with building code or
life and safety requirements. The scope of any such review and approval by the Architectural Reviewer is
limited solely to whether the respective plans or work meet certain requirements, standards, and
guidelines relating to aesthetics and the harmony and compatibility of proposed improvements in the
Community.
5.2 Architectural Review. The architectural review and control functions of the Association shall
be administered and performed by the Architectural Reviewer. Prior to the Turnover Date, the Developer
shall be the Architectural Reviewer and shall have the exclusive right to exercise architectural review under
this Section. The Developer shall have the authority to process applications in its sole discretion and
procedures and in accordance with its building plans, specifications, plan of development, aesthetic
requirements and any Architectural Review Guidelines. Prior to the Turnover Date, the Developer may
designate a third party with authority to process and approve applications as required in this Section 5.
Following the Turnover Date, the Association shall be the Architectural Reviewer, whether through the
Board of Directors or an Architectural Review Committee. The Architectural Review Guidelines shall in no
event apply to the Developer and Builders,whether before or after the Turnover Date.
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5.3 Powers and Duties of Architectural Reviewer. When the Association is acting as the
Architectural Reviewer,the Architectural Reviewer shall have the following powers and duties:
(A) To enact modifications and/or amendments to the Architectural Review Guidelines. Any
modification or amendment to the Architectural Review Guidelines shall be consistent with the provisions
of this Declaration. As long as the Developer owns at least one (1) Parcel or other property in the
Community, the Architectural Reviewer shall not alter the Architectural Review Guidelines, without the
Developer's prior written consent,which consent may be denied in the Developer's discretion.
(B) To require submission of one (1) complete set of all plans and specifications for any
improvement or structure of any kind, including without limitation, any building, fence, wall, sign, site
paving, grading, pool, parking and building additions, alteration, screen enclosure, sewer, drain, disposal
system, decorative building, landscaping, landscape device or object or other improvement,the construction
or placement of which is proposed upon any Parcel in the Community, together with a copy of any required
governmental permits. The Architectural Reviewer may also require submission of samples of building
materials and colors proposed for use on any Parcel and may require such additional information as
reasonably may be necessary for the Architectural Reviewer to completely evaluate the proposed structure
or improvement in accordance with this Declaration and the Architectural Review Guidelines. Upon
request by the Architectural Reviewer, the proposed contractor(s) shall supply a copy of all required
business licenses and evidence of insurance with such coverages and amounts as the Architectural
Reviewer may reasonably require. Reviews shall be coordinated with required governmental approvals.
The Architectural Reviewer shall have sixty (60) days to respond once a complete set of plans and
specifications have been submitted. Failure to respond within said sixty (60) days shall be deemed an
approval.
(C) To approve or disapprove any improvement or structure of any kind, including without
limitation, any building, fence, wall, sign, site paving, grading, pools, parking and building additions,
alterations, screen enclosure, sewer, drain, disposal system, decorative building landscaping, landscape
device or object, or other improvement or change or modification thereto, the construction, erection,
performance or placement of which is proposed upon any Parcel in the Community and to approve or
disapprove any exterior additions, changes, modifications or alterations (including, but not limited to,
changes in exterior colors, finishes and materials) therein or thereon. All decisions of the Architectural
Reviewer shall be in writing and may,but need not be made by a certificate in recordable form.
(D) To approve or disapprove any change, modification or alteration to any improvement or
structure as hereinabove described, and the plans and specifications, if any, upon which such change
modification or alteration is based, prior to commencement of construction of such change, modification or
alteration. If any improvement or structure as aforesaid shall be changed,modified or altered without prior
approval of the Architectural Reviewer of such change, modification or alteration, and the plans and
specifications therefore, if any, the Owner shall upon demand, cause the improvement or structure to be
restored to comply with the plans and specifications, originally approved by the Architectural Reviewer and
shall bear all costs and expenses of such restoration, including costs and reasonable attorney's fees of the
Architectural Reviewer or the Association. The Architectural Reviewer shall be specifically empowered to
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grant variances from the covenants, conditions and restrictions as contained herein and as are deemed
reasonable, required or necessary to meet the needs of the particular building site. The granting of a
variance shall not prevent the Architectural Reviewer from denying a variance in other circumstances .
(E) To adopt a schedule of reasonable fees and security deposits for processing requests for
approval or proposed improvements. Such fees and security deposit(s), if any, shall be payable to the
Association, by check or money order, at the time that plans and specifications are submitted to the
Architectural Reviewer and subsequently if the Architectural Reviewer requires. In the event such fees
and security deposit(s), as well as any other costs or expenses of the Architectural Reviewer pursuant to
any other provisions of this Article are not paid by the Owner and the contractor who will perform the
work, such fees, security deposit(s), costs and expenses shall become a lien on the Owner's Parcel. The
Architectural Reviewer may, as a condition to issuing approval, require the Owner to pay the Association a
security deposit in the amount of up to One Thousand Five Hundred Dollars ($1,500.00) and require the
contractor who will perform the work to pay the Association an additional security deposit in an amount
determined by the Architectural Reviewer. The security deposit(s) shall cover damage to the Common
Area caused by or related to any work performed or ordered to be performed by the Owner, costs,
attorneys' and professional fees the Association incurs as a result of violations of the Governing
Documents or defective work. Upon satisfactory completion of the work in accordance with the approved
plans and specifications, the Association shall return the security deposit(s) to the Owner and the
contractor, as applicable, less any damage to the Common Area and costs, attorneys' and professional
fees the Association has incurred. In the event the amount of damage, costs, attorneys' and professional
fees exceeds the sum of One Thousand Five Hundred Dollars ($1,500.00) plus any additional security
deposits the Association requires the contractor to pay,the Association may collect such amount in the same
manner as unpaid Assessments.
(F) To monitor construction to verify compliance with the provisions hereof and any approvals
and conditions of the Architectural Reviewer.
5.4 Architectural Control by Developer. Prior to the Turnover Date,the Developer shall act as the
Architectural Reviewer. The Developer may process applications from Owners seeking approval for any
alterations or additions to a Parcel, or in any manner to change the exterior appearance of any portion of a
Unit, in accordance with its sole discretion and procedures and its building plans, specifications, plan of
development and aesthetic requirements. In the event that an Owner makes improvements, additions or
modifications without the Developer's prior approval, the Developer may enforce the terms of the
Governing Documents in the same manner as granted to the Association, or may delegate enforcement of
the Governing Documents to the Association.
5.5 Garages. No garages shall be converted to residential use or use other than as originally
designed with the exception of conversion of garages by the Developer and Builders for use as sales and
construction offices and other purposes. Garages shall not be used as a "woodshop" or other uses that
generate unusual amounts of noise and dust unless the garage door is kept closed, provided that in no
case shall such use create a nuisance.
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5.6 Encroachments Into Lake Maintenance Easements Prohibited. Owners may not install any
landscaping, improvement or structure of any kind, including, without limitation, a pool, wall, fence or
screen,which encroaches into or alters the slope of any lake maintenance easement.
5.7 Developer and Builder Construction. The restrictions in this Section 5 shall not apply to the
Developer and Builders. The Developer reserves the right to alter the plan of development and architectural
style of the Community, Parcels and Units as it deems desirable in its sole discretion. The ability of a
Builder to vary the architectural style of Parcels and Units shall be subject to a contractual agreement
between a Builder and the Developer.
5.8 Prohibition on Grading Modifications and Impairment of Drainage. The Association and
Owners are prohibited from modifying grading on any property in the Community that is detrimental to
properties that are adjacent to the Community. The Association and Owners are also prohibited from
installing any landscaping, improvements or structures or doing any work in the Community that impairs
the Surface Water Management System.
5.9 Other Approvals Required. Each Owner is responsible for obtaining all necessary
governmental approvals prior to commencement of any work.
5.10 No Waiver of Future Approvals. Approval by the Architectural Reviewer pursuant to this
Section 5 shall not be deemed a waiver of any right to withhold approval with respect to any similar
plans, specifications, samples or other materials.
6. PROPERTY RIGHTS: EASEMENTS.
6.1 Use of Common Area. Every Owner and his Tenants, Guests and invitees shall have a
perpetual non-exclusive easement for ingress, egress and access in, to and over the sidewalks, walkways
and private roads, if any, which may be contained within the Common Area for use in common with all
other Owners, their Tenants, Guests and invitees. The Developer shall convey the Common Area to the
Association by Quit Claim Deed(s). The Association shall be obligated to accept such conveyance(s)
subject to the terms, conditions, and restrictions set forth herein and in such Quit Claim Deed(s), and
without any requirement of membership approval. No title insurance, title opinion or survey shall be
provided to the Association by the Developer. All costs and expenses of any conveyance of any property
by the Developer to the Association shall be paid for by the Association. The Developer shall not be
required to formally tender or deliver the Quit Claim Deed(s) or other instrument(s) to the Association
prior to recordation in the Public Records of Collier County, Florida. Upon request, the Association shall
convey back to the Developer or its designee(s), without any payment by the Developer or such
designee(s), other than nominal consideration(i.e., "$10.00 and other good and valuable consideration"),
and without any requirement of membership approval, any real property which has not been improved by
a structure intended for recreational purposes, if originally conveyed to the Association for nominal
consideration. Except as otherwise limited in the Governing Documents, the portions of the Common
Area in addition to those used for walkways, private roads, sidewalks or driveways shall be for the
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common use and enjoyment of the Owners and each Owner shall have a permanent and perpetual
easement for the use and enjoyment of such lands in such manner as may be regulated by the
Association. These easements shall be appurtenant to and shall pass with the title to every Unit subject
to the following:
(A) The right and duty of the Association to levy Assessments against each Parcel for the
upkeep,maintenance,repair or betterment of the Common Area and improvements thereon.
(B) The right of the Association to dedicate or transfer or grant an easement covering all or any
part of the Common Area to any public agency, authority, or utility for such purposes and subject to such
conditions as may be determined by the Board of Directors. No such easement shall materially interfere
with the rights of the Owner to use the Common Area for the purposes intended.
(C) The right of an Owner to the use and enjoyment of the Common Area and facilities thereon
shall extend to the members of his Family who reside with him, and to his Tenants, Guests and invitees,
except as otherwise provided in the Governing Documents.
THE ASSOCIATION SHALL ACCEPT "AS IS, WHERE IS" THE CONVEYANCE OF THE
COMMON AREA WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED,
IN FACT OR BY LAW, WITH RESPECT THERETO, OR WITH RESPECT TO THE
IMPROVEMENTS INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS OR
WARRANTIES REGARDING THE CONDITION, CONSTRUCTION, ACCURACY,
COMPLETENESS, DESIGN, ADEQUACY OF SIZE OR CAPACITY IN RELATION TO THE
UTILIZATION, DATE OF COMPLETION OR THE FUTURE ECONOMIC PERFORMANCE OF
OPERATIONS OF, OR THE MATERIALS OR FURNITURE WHICH HAS BEEN OR WILL BE
USED IN SUCH PROPERTY. BY ACCEPTANCE OF AN INTEREST IN ANY SUCH PROPERTY
OR THE DEED TO ANY PARCEL, THE ASSOCIATION AND ALL OWNERS RELEASE THE
DEVELOPER AND BUILDERS FROM ANY CLAIMS AND WARRANT THAT NO CLAIM SHALL
BE MADE BY THE ASSOCIATION OR ANY OWNER RELATING TO THE CONSTRUCTION,
CONDITION, ADEQUACY FOR ANY PARTICULAR PURPOSE OR FOR THE NUMBER OF
USERS, DESIGN, FITNESS, ECONOMIC PERFORMANCE OR COMPLETENESS OF SUCH
PROPERTY OR REPAIRS OR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
THEREFROM.
THE DEVELOPER AND THE ASSOCIATION SHALL NOT BE OBLIGATED TO PROVIDE
SUPERVISORY PERSONNEL, INCLUDING, BUT NOT LIMITED TO, LIFEGUARDS, FOR ANY
RECREATION AREAS. ANY INDIVIDUAL USING A RECREATION AREA SHALL DO SO AT
HIS OR HER OWN RISK AND HEREBY HOLDS THE DEVELOPER, THE ASSOCIATION AND
THEIR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM AND
AGAINST ANY CLAIM OR LOSS ARISING FROM SUCH USE.
THE DEVELOPER AND THE ASSOCIATION MAY, BUT SHALL NOT BE OBLIGATED TO
MAINTAIN OR SUPPORT ACTIVITIES WITHIN THE COMMUNITY DESIGNED TO MAKE THE
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COMMUNITY SAFER THAN IT MIGHT OTHERWISE BE. THE DEVELOPER AND THE
ASSOCIATION DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER
AS TO THE SECURITY OF THE COMMUNITY OR THE EFFECTIVENESS OF ANY SUCH
ACTIVITIES. ALL OWNERS AND OCCUPANTS IN THE COMMUNITY AGREE TO SAVE AND
HOLD THE DEVELOPER, ASSOCIATION AND THEIR DIRECTORS, OFFICERS, EMPLOYEES
AND AGENTS HARMLESS FROM ANY LOSS OR CLAIM ARISING FROM THE OCCURRENCE
OF ANY CRIME OR OTHER ACT. THE ASSOCIATION AGREES TO SAVE AND HOLD THE
DEVELOPER AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FOR
ANY LOSS OF CLAIM ARISING FROM THE OCCURRENCE OF ANY CRIME OR OTHER ACT.
NEITHER THE DEVELOPER, ASSOCIATION, NOR THEIR DIRECTORS, OFFICERS,
EMPLOYEES AND AGENTS, SHALL IN ANY WAY BE CONSIDERED INSURERS OR
GUARANTORS OF SAFETY AND SECURITY WITHIN THE COMMUNITY.
6.2 Easements. The Developer (during any period in which the Developer has any ownership
interest in the Community) shall have the right to grant such electric, telephone, gas, water, sewer,
irrigation, drainage,cable television or other easements,and to relocate any existing easement in any portion
of the Community and to grant access easements and to relocate any existing access easements in any
portion of the Community as the Developer shall deem necessary or desirable, including,without limitation,
for the following purposes: the proper construction of the Community; operation and maintenance of the
Community, or any portion thereof;the general health or welfare of the Owners;to carry out any provisions
of the Governing Documents; and to fulfill the Developer's obligations to any governmental authority,
taxing district, a public or private utility or SFWMD. Such easements or the relocation of existing
easements may not prevent or unreasonably interfere with the use of the Parcels and Units. Each Parcel
shall be subject to an easement in favor of all other portions of the Community for the location of utilities
and for surface water drainage, for lateral and subjacent support, and for the use, maintenance, repair, and
replacement of public or private utility lines and other similar or related facilities serving other Parcels and
portions of the Community. In addition, if by reason of original construction, shifting, settlement or
movement, any Unit encroaches upon the Common Area or upon any other Parcel (including, without
limitation, roof overhangs and related drainage gutters), then an easement shall exist to the extent of that
encroachment as long as the encroachment exists. In the event that any structure is partially or totally
destroyed, then rebuilt, then the Owners and the Association agree that encroachments on adjacent Parcels
or on Common Area due to construction shall be permitted and that an easement for such encroachments
(including, without limitation, roof overhangs and related drainage gutters) and the maintenance of the
structure shall exist, but such encroachments shall be to the extent permitted by the original construction,
shifting,settlement or movement.The Association and its vendors, contractors and employees,are granted a
blanket easement over the Common Area and Parcels for repair and maintenance and for carrying out the
Association's responsibilities pursuant to this Declaration. Each Parcel shall be subject to an access
easement in favor of the adjoining Owner(s) and their contractors and agents for purposes of bringing
materials and construction equipment to the rear or side of the Parcel for construction of pools or other
structures. The adjoining Owner shall restore the Parcel to its previous condition following completion of
such construction. Following the Turnover Date,the Association shall have the authority to grant easements
on the foregoing terms, subject to the Developer's prior written consent as long as the Developer owns a
Parcel or any property located in the Community.
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6.3 Partition: Separation of Interest. There shall be no judicial partition of the Common Area,
except as expressly provided elsewhere herein, nor shall the Developer or any Owner or any other person
acquiring any interest in the Community, or any part thereof, seek judicial partition thereof. Nothing herein
shall be construed to prevent judicial partition of any Parcel and Unit owned on co-tenancy. The ownership
of any Parcel and the ownership of the Unit constructed thereon may not be separated or separately
conveyed; nor may any person who does not have an ownership interest in at least one (1) Parcel hold
membership in the Association,except for the Developer.
6.4 Construction; Maintenance. The Developer and Builders (including their agents, designees,
contractors, successors and assigns) shall have the right,in their sole discretion,to enter the Community and
take all other action necessary or convenient for the purpose of completing the construction of any
improvements or Units. As long as the Developer and Builders are liable under the terms of any warranty in
favor of an Owner, the Developer and Builders (including their agents, designees, contractors, and their
successors and assigns) shall have an easement of access to the Community and any Parcels and Units in
order to make repairs, replacements and take all other action necessary or convenient for the purpose of
fulfilling their obligations.
6.5 Additional Easements. The Community (including the Parcels) shall be subject to and
benefited by any and all easements which are set forth in the Governing Documents or any plat or other
recorded instrument encumbering all or a portion of the Community, including, without limitation, utility
easements for the installation, maintenance and repair of utilities by any utility company and drainage
easements. The Community (including the Parcels) shall also be subject to a public service easement for
police protection, fire protection, emergency services, postal services and meter reading. The Association
shall have such easements across the Community and all Parcels as are necessary to fulfill its obligations as
set forth in the Governing Documents.
6.6 Polling Place Requirement. Accommodation shall be made for future use of a portion of the
Common Area for purposes of an electoral polling place in the event such requirement is imposed by
Collier County.
7. MAINTENANCE OF COMMON AREA, PARCELS AND UNITS.
7.1 Association Maintenance. Notwithstanding that the Developer may initially retain ownership
of the Common Area, the Association shall, pursuant to this Declaration, be responsible for the
management, maintenance, insurance and operation of the Common Area, including, without limitation,
the Surface Water Management System. The Association shall be responsible for the maintenance, repair
and replacement of the lawns and landscaping(including irrigation equipment) ("Landscaping Services")
located on Parcels as originally installed by the Developer or a Builder(in the case of a Builder, only to the
extent that the lawns and landscaping are substantially similar to those installed by the Developer). The
Association shall be responsible for the maintenance, repair and replacement of perimeter walls, if any.
The Association shall be responsible for the maintenance, repair and replacement of sidewalks, except
for the Owners' responsibility for sidewalks located on or in front of their Parcels, as set forth in Section
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7.2 below. All maintenance, repair and replacement which are the responsibility of the Association shall be
a Common Expense, unless the Association undertakes maintenance, repair or replacement of a Parcel and
Unit due to an Owner's failure to undertake the maintenance,repair or replacement.
7.2 Owner Maintenance. Owners shall maintain, repair and replace their Parcels, Units and any
other improvements, modifications and additions thereto in a safe, clean, orderly and attractive
condition(including, without limitation, regular exterior maintenance such as power washing), except for
those portions to be maintained, repaired and replaced by the Association. Whenever an Owner contracts
for maintenance, repair, replacement, alteration, addition or improvement of any portion of the Parcel or
Unit, whether with or without approval from the Architectural Reviewer, such Owner shall be deemed to
have warranted to the Association and its Members that his contractor is properly licensed and fully insured
and that the Owner will be financially responsible for any resulting damage to persons or property not paid
by the contractor's insurance. Owners shall keep the sidewalks located on or in front of their Parcels
clean(including by pressure washing as necessary).
7.3. Alterations and Additions to Common Area. Material alterations or substantial additions to the
Common Area may be undertaken and funds necessary levied as special Assessments by the Association
only upon approval by a majority of the Board of Directors. The Developer's consent shall also be required
until the Developer conveys the last Parcel that may be submitted to the terms of this Declaration.
7.4 Enforcement of Maintenance. In the event that an Owner fails or refuses to comply with these
provisions, after fourteen (14) days' notice and demand from the Association and the Owner's failure to
comply, the Association shall have the authority (but not the obligation) to take whatever action is
reasonably necessary in its judgment to bring the Parcel and Unit into conformity and the expenses of doing
so shall be an obligation of the Owner collectable as a special Assessment against that Parcel. The
Association is granted an easement upon the Parcel and its improvements for these purposes. In the
alternative, the Association may institute legal proceedings to compel the Owner to observe his obligations
set forth in the Governing Documents.
7.5 Negligence: Damage Caused by Condition in Unit. The Owner of each Unit shall be liable for
the expenses of any maintenance, repair or replacement of Common Area, other Units, or personal property
made necessary by his act or negligence, or by that of any member of his Family or his Guests, employees,
agents, or Tenants. Each Owner has a duty to maintain his Unit and personal property therein, in such a
manner as to prevent foreseeable and reasonably preventable damage to other Units, the Common Area or
the property of other Owners and residents. If any condition, defect or malfunction, resulting from the
Owner's failure to perform this duty causes damage to other Units, the Common Area or property within
other Units, the Owner of the offending Unit shall be liable to the person or entity responsible for repairing
the damaged property for all costs of repair or replacement not paid by insurance. The Association may,but
is not obligated to repair the damage and hold the responsible party liable for all costs, secured by a lien
against the applicable Parcel, which lien may be foreclosed in the same manner as the Association's Claim
of Lien.
7.6 Developer's Lien. In the event the Association fails to maintain, replace or repair as herein
provided, upon thirty(30)days' notice to the Association,the Developer or its designee shall have the right,
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without being obligated to do so, to enter upon the Community and cause said maintenance,replacement, or
repair to be made, and in such event, the Developer shall have a lien upon the Community, including all
Parcels therein, for the costs thereof, including, without limitation, interest, court costs and reasonable
attorneys' fees and appellate attorneys'fees incurred by the Developer in collecting the sums expended by it.
The aforesaid lien may be foreclosed in the same manner as the Association's Claim of Lien. In the event of
an emergency situation threatening the health and welfare of the residents, the Developer may immediately
enter upon the Community and cause such maintenance replacements or repairs to be made forthwith and
without the requirement of any prior notice thereof, and the Developer shall have an enforceable lien upon
the Community as described above.
7.7 Surface Water Management System. The Surface Water Management System shall consist of
certain water management lakes and ancillary drainage facilities constructed by the Developer in accordance
with the permit issued by SFWMD. The permit issued by SFWMD as of this date is attached hereto as
Exhibit "D" ("Permit"). Copies of the Permit and any future SFWMD actions shall be maintained by the
Association and/or its registered agent for the Association's benefit. The Association shall maintain and
operate the Surface Water Management System within the Community in accordance with the Permit and
any other permit(s)and regulations of SFWMD and/or its successor, and shall allocate sufficient funds in
its annual budget for such obligations. To the extent required by the Permit, it shall be the Association's
responsibility to successfully meet and complete all Permit conditions associated with any Wetland
mitigation, success criteria, maintenance and monitoring. The Association shall allocate sufficient funds in
its annual budget for such mitigation, maintenance and monitoring of Wetland mitigation area(s) each year
until SFWMD determines that the area(s) is successful in accordance with the Permit. Operation,
maintenance and re-inspection reporting shall be performed in accordance with the terms and conditions of
the Permit. SFWMD has the right to take enforcement action, including a civil action for an injunction and
penalties against the Association to compel it to correct any outstanding problems with the Surface Water
Management System or in any mitigation or Conservation Areas under the responsibility or control of the
Association. No construction activities may be conducted relative to any portion of the Surface Water
Management System. Prohibited activities include,but are not limited to: digging or excavation; depositing
fill, debris or any other material or item; constructing or altering any water control structure; or any other
construction to modify the Surface Water Management System facilities. If the Community includes a
Wetland mitigation area or a wet detention pond, no vegetation in these areas shall be removed, cut,
trimmed or sprayed with herbicide without specific written approval from SFWMD. Construction and
maintenance activities which are consistent with the design and Permit conditions approved by SFWMD in
the Permit may be conducted without specific written approval from SFWMD. Neither the Developer, the
Association, nor any Owner shall take any action which modifies the Surface Water Management System
in a manner which changes the flow or drainage of surface water. Any amendment which would affect
the Surface Water Management System and Conservation Areas or easements, including the water
management portions of the Common Area must have the prior approval of SFWMD, Collier County and
any other governmental authority with jurisdiction. The Developer may reconfigure the size and location
of the lakes, but only to the extent permitted by SFWMD and any other governmental authority with
jurisdiction. The Developer shall have an easement over the Community for purposes of accessing the
lakes and ancillary drainage facilities. The lakes shall not be available for use by Owners(except for catch
and release fishing, to the extent allowed by the Permit and the Board of Directors) or the Association,
nor shall they in any manner interfere with or alter the Surface Water Management System or interfere with
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the access rights of any entity responsible for its maintenance. ALL OWNERS ACKNOWLEDGE THAT
DUE TO GROUND WATER ELEVATIONS, PRIORITIES ESTABLISHED BY GOVERNMENTAL
AUTHORITIES, AND OTHER CAUSES OUTSIDE OF THE CONTROL OF SFWMD, THE
DEVELOPER, BUILDERS AND THE ASSOCIATION, LAKE WATER LEVELS MAY FLUCTUATE
AT CERTAIN TIMES DURING THE YEAR AND SUCH FLUCTUATIONS MAY BE MATERIAL.
NONE OF THE ENTITIES MENTIONED IN THE PRECEDING SENTENCE SHALL HAVE ANY
LIABILITY FOR AESTHETIC CONDITIONS, OBJECTIONABLE ODORS, DAMAGE TO
PLANTINGS OR DIRECT OR CONSEQUENTIAL DAMAGES OF ANY NATURE CAUSED BY
THE FLUCTUATION OF WATER LEVELS OR WATER QUALITY. THE ASSOCIATION AND
THE DEVELOPER MAKE NO REPRESENTATIONS WITH RESPECT TO LAKE WATER LEVELS.
If the Association ceases to exist, all of the Owners shall be jointly and severally responsible for
the operation and maintenance of the Surface Water Management System facilities in accordance with
the requirements of the Permit, unless and until an alternate entity assumes responsibility, as more
particularly set forth in Article III of the Articles of Incorporation.
The Developer may establish natural vegetative buffers between the Parcels and any
jurisdictional Wetland preserve and/or conservation tract as may be required by the SFWMD, which
buffer shall not be located within the boundaries of a Parcel unless otherwise approved by the SFWMD.
Such buffers shall be platted as a separate tract or created as an easement over an expanded limit of the
preserve tracts, which would be dedicated as preserve/drainage tracts, to include the buffer within the
preserve tract. If the buffer is located within a separate tract, the tract shall be dedicated on the plat to
the Association along with all maintenance responsibilities and, if necessary, to any governmental or
quasi-governmental entities with no maintenance responsibilities. All Owners shall comply with the
requirements of all governmental or quasi-governmental agencies or authority having jurisdiction.
The Developer has caused or will cause to be constructed within the geographic area shown on a
plat, drainage canals, lakes and drainage retention/detention lakes or ponds. These drainage structures are
part of the overall drainage plan for the Community. The Developer may create conservation easements
encumbering all or part of the Common Area, and/or portions of the Parcels conveyed to Owners to
preserve the natural condition of wetlands, uplands or buffer areas. The Association shall have
unobstructed ingress to and egress from all retention/detention lakes or ponds and lakes as well as all
conservation easements at all reasonable times to maintain said lakes or ponds, lakes and conservation
easements in a manner consistent with its responsibilities, if any. No Owner shall cause or permit any
interference with such access and maintenance. No Owner shall utilize, in any way, any of the
Community drainage facilities without the express prior written consent of the Developer and the
Association. Further, where an Owner's Parcel is contiguous to any of the drainage facilities of the
Community, such Owner shall keep his or her Parcel so that the utilization of such Owner's Parcel will
not adversely affect the drainage facilities and structures and so as to be aesthetically compatible with
such drainage facilities and structures.
Solely to the extent required by any governmental permits,the Association shall maintain, as part
of the Common Area, drainage structures for the Community, the Preservation Areas, Conservation
Areas and other environmentally significant Common Area, and comply with conditions of the Permit,
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Department of Environmental Protection, and U.S. Army Corps of Engineers for the Surface Water
Management System, Preservation Areas, Conservation Areas, or other environmentally significant
Common Area, including, without limitation, perpetual maintenance of all signage required by the
Permit. All such areas shall be defined, identified, and described as such on all plats of the Community,
or may be granted by separate easements recorded in the public records of the County. No Owner shall
(i) undertake or perform any activity in preserved wetlands, upland buffers to wetlands, archeological
sites, and wetland compensation areas with the Preservation Areas and Conservation Areas described in
all approved permits and Plats of the Community, or (ii) remove native non-nuisance vegetation that
becomes established within the wet detention lakes or ponds, without prior written consent of the Board
of Directors of the Association, the County, and the applicable permitting agencies. Prohibited activities
within such areas include removal of native vegetation(by dredging, application of herbicide or cutting);
excavation; placement or dumping of soil, trash, land clearing or landscaping debris; and construction or
maintenance of any building, residence, or structure. It shall be the responsibility of all Owners to
comply with the construction plans for the Surface Water Management System approved by the
applicable permitting agencies. The Association shall, when requested by the Developer, accept transfer
of the Permit and any other SFWMD permits applicable to the Community. The conditions of the Permit
and any other SFWMD permits include monitoring and record keeping schedules and maintenance.
Within any Preservation Area or any wet detention lake or pond (as such lakes or ponds are
designated by SFWMD), no Member shall remove any native vegetation (including cattails) that may
become established therein. The prohibition against removal of native vegetation shall not be construed
to prevent the removal of exotic vegetation in accordance with a governmentally approved maintenance
plan. It shall be the Association's responsibility to successfully meet and complete all conditions
associated with annual exotic nuisance plant species maintenance and monitoring. The Association shall
allocate sufficient funds as a line item in its annual budget for such maintenance and monitoring.
Inquiries regarding provisions of this Article should be addressed to SFWMD.
The Association shall hold and save SWFWMD harmless from any and all damages, claims, or
liabilities which may arise by reason of the operation, maintenance or use of any property within its
responsibility. In the event the Association, or any successor organization, shall fail to adequately
maintain the Surface Water Management System and has sufficient ownership or authority pursuant to
the Governing Document so that it has control over all water management facilities authorized.
The Association shall at all times properly operate and maintain the systems of treatment and
control (and related appurtenances) that are installed or used to achieve compliance with conditions of
the Permit, as required by SFWMD. This provision includes the operation of backup or auxiliary
facilities or similar systems when necessary to achieve compliance with the conditions of the Permit and
when required by SFWMD rules.
The Association specifically agrees to allow authorized SFWMD personnel, upon presentation of
credentials or other documents as may be required by law, access to the Community, at reasonable times,
where the permitted activity is located or conducted; for the purposes of inspection and testing to
determine compliance with the Permit and SFWMD regulations, such as: having access to and copying
any records that must be kept under the conditions of the Permit; inspecting the facility, equipment,
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practices, or operations regulated or required under the Permit; sampling or monitoring any substances or
parameters at any location reasonably necessary to assure compliance with the Permit or SFWMD rules;
and gathering of data and information. Reasonable time may depend on the nature of the concern being
investigated.
Establishment and survival of littoral areas provided for storm water quality treatment in wet
detention systems shall be assured by proper and continuing maintenance procedures designed to
promote viable wetlands plant growth of natural diversity and character. Following as-built approval,
perpetual maintenance shall be provided for the permitted system.
The Association shall submit inspection reports, if required by SFWMD, in the form required
by SFWMD, in accordance with the Permit application.
Owners are hereby notified that certain Parcels may include, or be adjacent to wet detention
lakes or ponds, jurisdictional wetlands, designated mitigation areas or designated conservation
easements. It is the Owner's responsibility not to remove native vegetation (including cattails) that
becomes established within the wet detention lakes or ponds, jurisdictional wetlands, designated
mitigation areas or designated conservation easements abutting the Owner's Parcel. Removal includes
dredging,the application of herbicide, cutting, and the introduction of grass carp.
No Owner of a Parcel within the Community may construct or maintain any building,
residence, or structure, or undertake or perform any activity in the wetlands, wetland mitigation areas,
buffer areas, upland Conservation Areas, wet detention lakes or ponds, jurisdictional wetlands,
designated mitigation areas or designated drainage or conservation easements described in the Permit
and recorded plats of the Community.
8. INSURANCE: The Association shall obtain and maintain adequate insurance for the Common Area
(with provisions for deductibles)as follows:
(A) Casualty. To the extent that there is Common Area containing any improvements, the
coverage shall afford protection against loss or damage by fire or other hazards covered by a standard
extended coverage endorsement, and such other risks as are customarily covered with respect to
improvements on the Common Area, including, but not limited to, flood(if required by law),vandalism, or
malicious mischief. All or any part of such coverage may be extended to include the Association's personal
property as the Board of Directors may deem desirable. The Association shall act as agent of the Owners
and shall adjust all losses on their behalf with respect to the Common Area.
(B) Liability. Premises and operations liability for bodily injury and property damage in such
limits of protection and with such coverage as are determined by the Board of Directors, with cross liability
endorsement to cover liabilities of the Owners as a group to an Owner, if obtainable at reasonable cost.
9. USE RESTRICTIONS.
9.1 Residential Purposes. No Parcel shall be used for other than Single-Family residential
purposes, except that Parcels, or portions of Parcels may be used by the Developer and Builders for offices,
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sales offices or models. No trade or business may be conducted in or from any Unit, except that an
Owner or occupant residing in a Unit may conduct business activities within the Unit so long as: (a) the
existence or operation of the business activity is not apparent or detectable by sight, sound or smell from
outside the Unit; (b) the business activity conforms to all zoning requirements; (c) the business activity
involves only telephone calls and correspondence to and from the Unit and does not involve persons
coming into the Community who do not reside in the Community or door-to-door solicitation of
occupants of the Community; and (d) the business activity is consistent with the residential character of
the Community and does not constitute a nuisance, or a hazardous or offensive use, or threaten the
security or safety of other occupants of Units. The use of a Unit as a public lodging establishment shall be
deemed a business or trade use. No Unit may be used or leased on a "time share" or transient basis,
including without limitation, an "Airbnb" type use in violation of the minimum leasing period set forth in
Section 12.4 below. The terms "business" and "trade", as used in this provision, shall be construed to
have their ordinary, generally accepted meanings, and shall include, without limitation, any occupation,
work or activity undertaken on an ongoing basis which involves the provision of goods or services to
persons other than the provider's family and for which the provider receives a fee, compensation, or
other form of consideration, regardless of whether: (i) such activity is engaged in full or part-time; (ii)
such activity is intended to or does generate a profit; or(iii)a license is required therefor.
Unless organized by the Association, "Garage Sales" and"Yard Sales" are prohibited, regardless
of whether they are patronized by Owners and occupants in the Community or persons who do not reside
in the Community.
9.2 Signs. No sign or advertisement of any kind, including, without limitation, those of
realtors, contractors and subcontractors, shall be erected within the Community without the prior written
consent of the Board of Directors or in accordance with the Rules and Regulations and Architectural
Review Guidelines, except in connection with the sale or resale of Parcels by the Developer, Builders or
as may be required by legal or zoning proceedings. Signs which are permitted within the Community may
be restricted as to the size, color, lettering, materials and location of such signs. The Board of Directors,
the Developer and Builders shall have the right to erect signs as they, in their discretion, deem
appropriate, except that no Builder may erect a sign without the prior written approval of the Developer.
Under no circumstances shall signs, flags, banners or similar items advertising or providing directional
information with respect to activities being conducted inside or outside of the Community be permitted
within the Community without the express written consent of the Board of Directors or unless they are
installed by the Developer.No sign shall be nailed or otherwise attached to trees.
9.3 Nuisance. Nothing shall be done upon any Parcel or in the Common Area which may be or
may become an annoyance or nuisance to any person. No obnoxious, unpleasant, abusive, threatening or
offensive activity shall be carried on, nor shall anything be done which can be reasonably construed to
constitute a nuisance,public or private in nature. No person shall interfere with the Association's Directors,
officers, committee members, property manager, property management company, employees, agents,
vendors and contractors in the performance of their obligations pursuant to the Governing Documents,
contracts, statutes and ordinances, as applicable. All residents shall observe the State of Florida vehicular
speed limits and any rules posted on signs in the Common Area.
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9.4 Underground Utility Lines and Services. All electric,telephone,gas and other utility lines shall
be installed underground,except for temporary lines as required during construction or if required by law.
9.5 Common Area. No Owner shall make use of the Common Area in such a manner as to abridge
the equal rights of the other Owners to their use and enjoyment thereof nor shall any Owner remove,prune,
cut, damage or injure any trees or other landscaping located in the Common Area. Except as otherwise
provided in this Declaration and its exhibits or with respect to the Developer's reserved rights, any portion
of the Common Area which is deemed open space shall be owned by the Association and preserved and
maintained by it and shall not be destroyed.
9.6 Pets and Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept
on any Parcel, except that dogs, cats and other usual and non-exotic household pets (not to exceed a total
of three (3) pets, excluding tropical fish) may be kept(except for"wolf hybrids" or other dogs prone to or
exhibiting aggressive behavior), provided they are not kept, bred or maintained for any commercial
purposes. All animals shall be contained on the Owner's Parcel and shall not be permitted to run freely.
When outside the Owner's Unit or screened in area, all pets must be carried or secured with a hand held
leash. The person walking the pet must be in physical control of the leash at all times. The Owner or
other owner of a permitted pet must pick up all solid waste and deposit it in an appropriate trash
container.
9.7 Trucks, Commercial Vehicles, Recreation Vehicles, Mobile Homes, Boats, Campers and
Trailers.
(A) Vans, pick-up trucks, passenger cars and sport utility vehicles shall be considered to be
automobiles and may be parked on driveways if the vehicle is used for the primary purpose of
transportation of passengers and their personal goods. Such vehicles may be parked on driveways
overnight. If the vehicle is used primarily for the transportation of goods then it shall be considered to be
a commercial vehicle. Law enforcement vehicles may be parked on driveways and in parking spaces if
the driver is a law enforcement officer. All other vehicles (i.e. all motorized and non-motorized vehicles
except operable automobiles) including, without limitation, the following: inoperable automobiles, golf
carts, commercial vehicles, recreational vehicles, all-terrain vehicles, ambulances, hearses, motorcycles,
motorbikes, bicycles, watercraft, aircraft, house trailers, camping trailers, other trailers, vehicles with
commercial markings, racks or tools in the bed and tractors shall be kept within an enclosed garage.
Overnight parking in the roadways by vans,pick-up trucks,passenger cars and sport utility vehicles used for
the primary purpose of transportation of passengers and their personal goods is prohibited from 12:00 a.m.
to 5 a.m. Bicycle racks are permitted on non-commercial vehicles. Garage doors must be kept closed
except when a vehicle must enter or exit the garage or for reasonable periods of time while the Unit's
occupant(s) use the garage for typical uses associated with a residential dwelling which are not in
conflict with the Governing Documents (for example, garage doors may be kept open while children are
playing in the front yard). Garage doors shall not be kept open when occupants or guests use the garage
for a party, consumption of alcohol or are listening to a television, radio, computer or other such device.
Any use of a motorcycle is limited to providing ingress/egress to a Parcel over roadways. All
motorcycles shall be equipped with effective sound muffling devices and must be parked in a garage
when not in use.
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(B) No commercial vendor vehicle of any kind shall be permitted to be parked on a residential
Parcel for a period of more than twelve (12) daylight hours unless such vehicle is necessary and being used
in the actual construction or repair of a structure or for grounds maintenance. Commercial vendor vehicles
may not be parked in the Common Area overnight.
(C) None of the foregoing restrictions shall apply to commercial vehicles or other vehicles
which may be utilized by: the Developer, Builders and their contractors and subcontractors for purposes of
completing construction of the Community, Parcels and Units; the Association, its vendors and employees;
and any governmental authority,taxing district,private or public utility or SFWMD.
9.8 Exterior Colors. No exterior colors on any structure,nor the colors of driveways and walkways
shall be permitted that, in the sole judgment of the Architectural Reviewer, would be inharmonious or
incongruous with the remainder of the Community. Any future color changes, as described above, desired
by Owners must be first approved in writing by the Architectural Reviewer. The restrictions set forth in this
Section 9.8 shall not apply to the Developer or Builders.
9.9 Landscaping. All areas not covered by structures, walkways, paved parking facilities or areas
approved by the Association to be left in their natural state shall be maintained as lawn or landscape areas to
the pavement edge of any abutting roads or driveways, as applicable, and to the waterline of any abutting
lakes, canals or surface water management areas. All lawn and landscaped areas shall be kept in good and
living condition.
9.10 Driveways and Parking Areas. All driveways shall be constructed of concrete or paverstone.
The Owner shall be obligated to keep his driveway clean and well maintained.
9.11 Antennas and Flagpoles. Antennas and satellite dishes are prohibited, except that (a)
antennas or satellite dishes designed to receive direct broadcast satellite service which are one (1) meter or
less in diameter; (b) antennas or satellite dishes designed to receive video programming services via multi-
point distribution services which are one (1) meter or less in diameter; or (c) antennas or satellite dishes
designed to receive television broadcast signals, ("Reception Device") shall be permitted, provided that the
Reception Device is located(i) inside the Unit, but not visible from outside the Unit; (ii) in the side or rear
yard of the Parcel and located on a post in the ground or in a side or rear flower bed, provided that the
Reception Device is no higher than 48"above the ground and is shielded from view from the street, lake or
adjacent Unit with landscape material. The side yard is the preferred location. Given the exposure that is
needed, orientation of a Unit and the location and size of an adjacent Unit, the Architectural Reviewer
will allow a Reception Device to be mounted to either side of a Unit under the eave area, provided a
letter from the service provider is submitted confirming this is the only location where the Owner can
receive an acceptable signal. A Reception Device mounted to the side walls of a Unit shall be a last
resort in order to maintain the community-wide aesthetic appearance. No Reception Device will be
permitted on the roof of a Unit. No Parcel may have more than one Reception Device located on the Parcel
or attached to the Unit. The Architectural Review Guidelines may contain additional restrictions on the
location of Reception Devices. The Architectural Reviewer may require that a Reception Device be painted
in order to blend into the Unit. A flagpole shall not be used as an antenna. The installation and display of
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flagpoles and flags shall be subject to regulation by the Architectural Reviewer, but no Owner shall be
prevented from displaying one(1)portable, removable official United States flag or official flag of the State
of Florida in a respectful manner, or on Armed Forces Day, Memorial Day, Flag Day, Independence Day
and Veterans Day, a portable, removable US Army, Navy, Air Force, Marine Corps or Coast Guard flag.
The permitted flags shall not exceed 4.5' x 6'. Notwithstanding the foregoing, no one shall be permitted
to display the United States flag in a manner that violates: (i) Federal law or any rule or custom as to the
proper display or use of the United States flag; or (ii) any reasonable restriction pertaining to the time,
place and manner of displaying the flag. The restriction must be necessary to protect a substantial interest
of the Association.
9.12 Outdoor Equipment. All bottled gas tanks, swimming pool equipment and other such
outdoor equipment must be screened by landscaping or fenced-in areas so that they shall not be readily
visible from any adjacent roads. All trash containers shall be stored in the garage except on trash"pick up"
days. The Community shall be equipped with dual water lines, one (1) of which shall be designated to
utilize non-potable water. All underground irrigation systems must be connected to the non-potable
water line and all spigots on the exterior portion of a structure shall be connected to the potable water
line.
9.13 Air Conditioning and Heating Equipment. All air conditioning and heating units shall be
shielded and hidden so that they shall not be readily visible from any adjacent roads or Units. Window or
wall air conditioning units are prohibited.
9.14 Solar Collectors. The Architectural Reviewer must approve the location of the materials used
in the construction of solar collectors.
9.15 Walls, Fences, Window Coverings, Play Equipment and Hurricane Shutters. Except for
walls installed by Developer, no wall shall be constructed on any Parcel. Owners may install fences and
play equipment on Parcels, subject to specifications adopted by the Architectural Reviewer. Owners may
install hurricane shutters, subject to specifications adopted by the Architectural Reviewer. The
Architectural Reviewer shall have the authority to adopt hurricane shutter specifications, which may
include color, style, time periods in which shutters may be kept closed, and other factors deemed relevant
by the Architectural Reviewer. Laminated glass and window film architecturally designed to function as
hurricane protection which complies with the applicable building code, may be used in place of hurricane
shutters, except that reflective window coverings are prohibited.
9.16 Lighting. Except for seasonal decorative lights, the exterior lighting of a Parcel shall be
accomplished in accordance with a lighting plan approved in writing by the Architectural Reviewer.
Seasonal decorative lights may be displayed between the day after Thanksgiving and January 10th only.
9.17 Developer. As used in this Section 9, when the Association's or the Architectural Reviewer's
approval is required, it shall, up to the Turnover Date, mean the "Developer's approval" (unless the
Developer has delegated its architectural review functions to the ARC or the Board of Directors). After the
Turnover Date, the Developer's approval shall also be required as long as the Developer owns a Parcel or
other property within the Community.
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9.18 Clothes Drying Area/Clotheslines. No outdoor clothes drying area or clotheslines are
permitted.
9.19 Pools. Above ground pools are prohibited. Above ground spas are prohibited, unless
located within a screened lanai.
9.20 Subdivision of Parcels. Parcels shall not be further subdivided or separated by any Owner
other than the Developer or a Builder (in the case of a Builder, subject to Developer's prior written
consent). However, the preceding sentence shall not prevent corrective deeds or deeds to resolve
boundary disputes.
9.21 Hurricane Season. An Owner who intends to be absent from his Unit during the hurricane
season (June 1St through November 30th of each year) shall prepare his Parcel and Unit prior to his
departure by: removing all furniture, potted plants, and other movable objects from his yard; and
designating a person or firm, satisfactory to the Association,to care for his Unit should it suffer hurricane
damage. Such person or firm shall contact the Association for permission to install temporary hurricane
shutters, which may not be installed more than seventy-two (72) hours in advance of a hurricane and
must be removed within seventy-two(72)hours after the hurricane has passed. At no time shall hurricane
shutters be installed, without the prior written consent of the Architectural Reviewer.
9.22 Drones and Other Aerial Devices. No recreational drones or other aerial devices such as
motorized planes shall be flown or otherwise used in the Community. Commercial drones are permitted for
inspections of Units and real estate marketing videos. The Association, its contractors,vendors and agents,
may use commercial drones to carry out the Association's responsibilities pursuant to this Declaration and
for purposes related to the health,safety and welfare of the Community and its Owners.
9.23 Oil, Gas and Mineral Rights. The Developer makes no representations as to whether
ownership of a Parcel includes ownership of any oil,gas and mineral rights.
9.24 Developer Exemption. The Developer (including its contractors, subcontractors, agents
and employees), its Parcels and Units, are not subject to the restrictions, but shall be entitled to the
protections and exemptions, set forth in this Section 9.
9.25 Additional Restrictions; Exhibits. The Community, including the Common Area, Parcels
and Units,are subject to those restrictions set forth in the exhibits attached hereto.
10. DEVELOPER'S AND ASSOCIATION'S EXCULPATION. The Association and the Developer may
grant, withhold or deny their permission or approval in any instance where their permission or approval is
permitted or required without incurring liability of any nature to the Owners or any other person for any
reason whatsoever. Any permission or approval granted shall be binding upon all persons.
11. ENFORCEMENT OF COVENANTS AND ABATEMENT OF VIOLATIONS. Every Owner and the
Owner's Family members, Tenants, Guests and invitees shall at all times comply with all the covenants,
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conditions and restrictions of the Governing Documents. All violations of the Governing Documents shall
be reported immediately to the Association's property manager. Before undertaking any remedial,
disciplinary or enforcement action against a person alleged to be in violation,the Association shall give the
alleged violator reasonable written notice of the alleged violation, except in emergencies. Disagreements
concerning violations, including, without limitation, disagreements regarding the proper interpretation and
effect of the Governing Documents, shall be presented to and determined by the Board of Directors, whose
interpretation and/or whose remedial action shall control. If any person, firm or entity subject to the
Governing Documents fails to abide by them, as they are interpreted by the Board of Directors, then the
Association, Developer or any Member shall have the ability to take any action to compel compliance as set
forth below.
11.1 Legal Action. Pursuant to Section 720.305 of the Act,judicial enforcement of the Governing
Documents and the Act against the Association, Members, any Tenants, Guests and invitees occupying a
Parcel or using the Common Area and Directors and officers who willfully and knowingly fails to comply
with the Governing Documents and the Act shall be by any proceeding at law or in equity, to restrain the
violation and/or to recover damages, or against the land to enforce any lien created by these covenants; and
failure by the Association or any Owner to enforce any covenant or restriction herein contained shall in no
event be deemed a waiver of the right to do so thereafter. If such action is instituted, the prevailing party
shall, in addition, be entitled to recover its costs and attorney's fees incurred in enforcing the Governing
Documents and the Act. Except as expressly set forth in the Act, other statute or Section 11.4 below,there
shall be no entitlement to an award of prevailing party costs and attorney's fees. Certain disputes must be
submitted to dispute resolution procedures conducted by the Division of Florida Condominiums,
Timeshares and Mobile Homes ("Division") as more particularly set forth in Section 720.311 of the Act.
Pursuant to Section 720.303(1) of the Act, before commencing litigation against any party (including the
Developer or its directors, officers, agents and employees, or against any directors or officers of the
Association appointed by the Developer prior to the Turnover Date) in the name of the Association
involving amounts in controversy in excess of$100,000.00, the Association must obtain the affirmative
approval of a majority of the Voting Interests at a Members' meeting at which a quorum has been
attained. The requirement in the preceding sentence is in addition to those set forth in Section 11.4
below.
11.2 Entry by Association and/or the Developer. Violation of any conditions or restrictions, or
breach of any covenant, herein contained or in any of the Governing Documents, shall also give the
Developer, its successors and assigns, and/or the Association and its authorized agent or representative, in
addition to all other remedies,the right to enter upon the Parcel where such violation or breach exists and in
the event of an emergency, summarily abate and remove, at the expense of the Owner any construction or
other violation that may be or exist thereon. The Developer, its successors and assigns and/or the
Association and its authorized agents or representatives shall not thereby become liable in any manner for
trespass,abatement or removal.
11.3 Fines. The Board of Directors may impose a fine or fines against an Owner for failure of the
Owner, his Family, Guests, invitees, Tenants, or agents of any of the foregoing, to comply with any
covenant, restriction, rule, or regulation contained herein or promulgated pursuant to the Governing
Documents. Fines shall not be secured by a lien against the Parcel, unless permitted by the Act. Fines may
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be levied in accordance with the procedures set forth in the Bylaws and the Act.
11.4 Alternative Method for Resolving Disputes with the Developer and Developer Appointees.
In any dispute ("Claim") between the Association, or any Owner, Tenant, Guest, occupant or invitee
against the Developer or its directors, officers, agents and employees, or against any directors or officers
of the Association appointed by the Developer prior to the Turnover Date, mediation and then final and
binding arbitration shall apply. The procedures set forth in subsections (A) through (E) below shall
apply, except in the case of a Claim alleging a construction defect brought against the Developer by the
Association, that is governed by Chapter 558 Florida Statutes, in which case the procedures set forth in
subsections (A)through(E) shall be modified as described in subsection(G):
(A) Any party having a Claim ("Claimant") against the other party ("Respondent") shall
notify the Respondent in writing("Notice"), stating plainly and concisely:
(1) the nature of the Claim, including the persons involved and the Respondent's role in the
claim;
(2) the legal basis of the Claim(i.e.,the specific authority out of which the Claim arises);
(3) Claimant's proposed remedy; and
(4) that Claimant will meet with Respondent to discuss in good faith ways to resolve the
Claim.
(B) The parties shall make every reasonable effort to meet in person and confer for the purpose
of resolving the Claim. If the parties do not resolve the Claim within thirty (30) days of the date of the
Notice (or within such other period as may be agreed to by the parties), Claimant shall have ten(10)days in
which to submit the Claim to mediation under the auspices of a mediator certified by the applicable Judicial
Circuit. If Claimant does not submit the Claim to mediation within such time, or does not appear for the
mediation conference, Claimant shall be deemed to have waived the Claim, and Respondent shall be
released and discharged from any and all liability to Claimant on account of such Claim; provided, nothing
herein shall release or discharge Respondent from any liability to any person other than the Claimant. Any
settlement of the Claim through mediation shall be documented in writing by the mediator and signed by the
parties. If the parties do not settle the Claim at the mediation conference,the mediator shall issue a notice of
an impasse and the date the mediation was terminated. The mediation conference shall occur within sixty
(60)days of the Notice unless the parties agree to an extension.
(C) If the mediation results in an impasse, then either party shall have ten (10) additional days
in which to submit the Claim to final and binding arbitration in accordance with the Construction Industry
Arbitration Rules of the American Arbitration Association ("AAA"), in the case of a construction defect
claim and the Federal Arbitration Act (Title 9 of the United States Code). If not timely submitted to
arbitration or if the Claimant does not appear for the arbitration hearing, Claimant shall be deemed to have
waived the Claim,and Respondent shall be released and discharged from any and all liability to Claimant on
account of such Claim; provided, nothing herein shall release or discharge Respondent from any liability to
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any person other than the Claimant. This subsection (C) is an agreement to arbitrate and is specifically
enforceable under Chapter 682, Florida Statutes. The arbitration award shall be final and binding, and
judgment may be entered upon it in any court of competent jurisdiction to the fullest extent permitted under
the laws of the State of Florida.
(D) In any dispute under this Section 11.4, the parties shall share the fees and costs associated
with mediation. In the case of arbitration, the prevailing party shall not be entitled to judgment for its
reasonable attorney's fees and costs incurred, except as expressly set forth in the Act, other statute or this
Section 11.4.
(E) If the parties agree to a resolution of any Claim through negotiation, mediation or
arbitration under this Section 11.4, and any party thereafter fails to abide by the terms of such agreement, or
if any party fails to comply with an arbitrator's final order, then any other party may file suit in a court of
competent jurisdiction to enforce such agreement or final order without the need to again comply with the
procedures set forth above. In such event, the party taking action to enforce the agreement or final order
shall be entitled to recover from the non-complying party (or if more than one (1) non-complying party,
jointly and severally), all costs incurred in enforcing such agreement or final order, including, without
limitation,reasonable attorney's fees and costs.
(F) This Section 11.4 shall not apply to a dispute between an Owner and the Developer
concerning the purchase and sale and construction of a Parcel or Unit. Those disputes shall be governed by
the provisions of any purchase and sale agreement or construction agreement.
(G) In the case of a Claim alleging a construction defect brought against the Developer or a
Builder by the Association that is governed by Chapter 558, Florida Statutes, the parties to the dispute
shall follow the procedures set forth therein. If the Claimant has followed the procedures set forth in
Chapter 558, Florida Statutes, and is entitled to proceed with an "action" (as defined therein) the
Claimant shall then have ten (10) days in which to submit the Claim to final and binding arbitration as
described in subsections(C)through(E)above.
12. LEASING, CONVEYANCE, DISPOSITION. In order to maintain a community of congenial,
financially responsible residents with the objectives of inhibiting transiency, protecting the value of Parcels
and facilitating the development of a stable, quiet community and peace of mind for all residents,the Lease,
and transfer of ownership of a Parcel by an Owner shall be subject to the following restrictions, which each
Owner covenants to observe(except for the exceptions set forth in Section 12.5 below):
12.1 Forms of Ownership:
(A) A Parcel may be owned by one (1) natural person who has qualified and been approved as
elsewhere provided herein.
(B) Co-Ownership. Co-ownership of Parcels may be permitted. If the proposed co-Owners are
other than husband and wife or two (2) individuals who reside together as a single housekeeping unit,they
shall designate two(2) individuals as the "Primary Occupants". The use of the Parcel by persons other than
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the Primary Occupants shall be as though the Primary Occupants were the only actual Owners. The intent
of this provision is to permit multiple Owners,but to prohibit short term,transient use by several individuals
or families. Any change in the Primary Occupants shall be treated as a transfer of ownership by sale or gift,
subject to all of the provisions of this Section. No more than one (1) such change may be made in any
twelve(12)month period.
(C) Ownership by Corporations, Partnerships or Trusts. A Parcel may be owned in trust, or by
a corporation, partnership or other entity which is not a natural person, if approved in the manner provided
for other transfers or title. However, the intent of this provision is to allow flexibility in estate, financial or
tax planning, and not to create circumstances in which the Parcel may be used as short term transient
accommodations for several individuals or families. A trust, corporation or other entity shall designate two
(2) individuals as the "Primary Occupants". The use of the Parcel by persons other than the Primary
Occupants shall be as though the Primary Occupants were the only actual Owners. Any change in the
Primary Occupants shall be treated as a transfer of ownership by sale or gift, subject to all the provisions of
this Section 12. No more than one (1) such change may be made in any twelve (12) month period. The
Developer and Builders shall not be obligated to designate Primary Occupants.
(D) Life Estate. A Parcel may be subject to a life estate, either by operation of law or by
voluntary conveyance. In that event, the life tenant shall be the only Member from such Parcel, and
occupancy of the Parcel shall be as if the life tenant were the only Owner. Upon termination of the life
estate,the holders of the remainder interest shall have no occupancy right unless separately approved by the
Association. The life tenant and holders of the remainder interest shall be jointly and severally liable for all
Assessments and charges against the Parcel. The life tenant may, by signed agreement, transfer the right to
vote in all Association matters to any one remainderman, subject to approval by the Association of such
arrangement. Except in the case where such a transfer has been made, if the consent or approval of the
Owner is required for any purpose,that consent or approval of the holders of the remainder interest shall not
be required.
12.2 Transfers and Leases. Prior to the conveyance or transfer of title to a Parcel or lease of a Unit,
it shall be the Owner's responsibility to provide the purchaser or Tenant with the complete set of Governing
Documents and any other documents required by law.
(A) Lease, Sale or Gift. No Owner may effectively convey or transfer title to a Parcel or any
interest therein by sale or gift without notification to the Association. In addition,no Owner may effectively
lease a Unit without the prior written approval of the Board of Directors.
(B) Devise or Inheritance. If any Owner acquires his title by devise or inheritance, he shall provide
the Association with written notice as set forth in Section 12.3 herein.
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12.3 Procedures.
(A) Notice to Association.
(1) Lease, Sale or Gift. An Owner intending to lease his Unit or sell or make a gift of his Parcel or
any interest therein, shall provide to the Board of Directors or its designee, written notice of such intention
at least twenty (20)business days prior to the first date of occupancy pursuant to the proposed Lease or the
date of closing, together with a copy of the purchase and sale agreement or Lease, and the name, and
address of the proposed Tenant, purchaser or donee and such other information as the Board of Directors
may reasonably require. The Association may charge a transfer fee in connection with processing each
application.
(2) Devise or Inheritance. The transferee must notify the Association of his ownership and submit
to the Association a certified copy of the instrument evidencing his ownership and such other information as
the Board of Directors may reasonably require. The transferee shall have no occupancy right unless
approved by the Board of Directors, but may sell or lease the Parcel in accordance with the procedures
provided in this Declaration.
(3) Failure to give Notice. If no notice is given, the Association at its election may approve or
disapprove the Lease without prior notice. If it disapproves, the Association shall proceed as if it received
notice on the date of such disapproval; however,the proposed transferee may provide the Board of Directors
with the required notice and request reconsideration. The Association shall not have the authority to
disapprove a proposed conveyance or other transfer.
(B) Within twenty (20) business days of receipt of the required notice and all information
requested, the Board of Directors shall approve or disapprove the Lease, and shall approve the conveyance
or transfer. When the conveyance,transfer or Lease is approved,the approval shall be stated in a Certificate
of Approval executed by the President, Vice-President or property manager of the Association (in
recordable form for a conveyance or transfer) and delivered to the purchaser, transferee or Tenant. If the
Board of Directors neither approves or disapproves within twenty (20) business days, such failure to act
shall be deemed the equivalent of approval, and on demand the Board of Directors shall issue a Certificate
of Approval to the Owner,purchaser or transferee.
(C) Disapproval of Leases.
(1) The Board of Directors may disapprove a proposed Lease only if a majority of the whole
Board of Directors votes to disapprove the Lease unless the authority to disapprove a Lease has been
delegated to an Association officer. Only the following shall be deemed to constitute good cause:
(a) The person seeking approval has been convicted of a felony involving violence to persons
or property,or a felony demonstrating dishonesty or moral turpitude;
(b) The person seeking approval has a record of financial irresponsibility, including without
limitation prior bankruptcies,foreclosures,or bad debts;
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(c) The application for approval on its face indicates that the person seeking approval intends
to conduct himself in a manner inconsistent with the Governing Documents and any other covenants and
restrictions applicable to the Community;
(d) The person seeking approval has a history of disruptive behavior or disregard for the rights
and property of others as evidenced by his conduct in other social organizations or associations, or by his
conduct as a Tenant, Owner or occupant of a Unit;or
(e) The person seeking approval failed to provide the information and appearance required to
process the application in a timely manner.
(f) The Owner is delinquent on Assessments and/or other sums owed to the Association at the
time of application.
12.4 Leasing. Only entire Units may be leased. The minimum leasing period is 30 days and the
maximum leasing period is one year. No Unit may be leased more than 3 times in any 1 calendar year. For
purposes of this restriction, the first day of occupancy under the Lease shall conclusively determine in
which year the Lease occurs. All Leases must and shall be deemed to contain the agreement of the
Tenant(s) to abide by all of the restrictions contained in the Governing Documents and shall be deemed to
provide that a violation thereof is grounds for damages, termination and eviction and that the Tenant(s)and
the Owner agree that the Association may proceed against either the Owner or the Tenant(s) and that the
Owner or the Tenant(s) shall be responsible for the Association's costs and expenses, including attorney's
fees and costs, secured by a lien against the Parcel.
12.5 Exceptions With Respect to the Developer and Institutional Mortgagees . The provisions of
this Section 12 are not applicable to the lease of a Unit or the sale or transfer of title of a Parcel by the
Developer to any person. Except for Section 12.4, the provisions of this Section 12 are not applicable to
the acquisition of title to a Parcel by an Institutional Mortgagee which acquires title through the
Institutional Mortgage, whether by foreclosure or deed in lieu of foreclosure, nor to the subsequent lease
of a Unit or the resale or transfer of title of a Parcel by such Institutional Mortgagee, but shall apply to
the lease of a Unit or the acquisition of title of a Parcel by any other person.
12.6 Unapproved Leases. Any Lease which is not approved pursuant to the terms of this
Declaration shall be void unless subsequently approved in writing by the Board of Directors.
13. DEVELOPER'S AND BUILDERS' RIGHTS AND DUTIES: Until the Developer and Builders have
completed all of the contemplated improvements, have conveyed all of the Parcels that may be subjected to
this Declaration to Owners other than Builders, and are not leasing a Unit from an Owner, the following
shall apply,notwithstanding any other provisions to the contrary.
13.1 Developer's and Builders' Use. Neither the Owners nor the Association, nor their use of the
Parcels, Units, or Common Area shall interfere with the completion of the contemplated improvements,
sales and conveyances of Parcels by the Developer and Builders. The Developer may make any use of
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Parcels, Units and Common Area as may reasonably be expected to facilitate completion, sales and
conveyances of Parcels, including, but not limited to,maintenance of sales offices and construction trailers,
display of signs, leasing of Units, use of parking areas and showing Parcels, Units and the remainder of the
Community to prospective purchasers and Tenants. With the prior written approval of the Developer,
Builders may make any use of unsold Parcels and Units as may reasonably be expected to facilitate
completion and sales, including, but not limited to, maintenance of sales offices and construction trailers,
display of signs, use of parking areas, leasing of Units, and showing Parcels, Units and the remainder of the
Community to prospective purchasers and Tenants. The Developer may utilize any Parcels, Common Area,
model homes, sales offices, construction trailers, parking areas, etc., for use in marketing developments
other than the Community,regardless of the location of such developments.
13.2 Assignment of Development Rights. All or any portion of the rights, privileges, powers and
duties of the Developer set forth in the Governing Documents may be assigned by the Developer to any
person or entity,without the consent of any other Owner or any holder of a mortgage secured by any Parcel.
In the event of such assignment (other than to a mortgagee or its successors or assigns), the assignee shall
assume such rights, powers and duties, and the Developer shall be relieved of all further liability or
obligation,but only to the extent of the assignment.
14. DURATION OF COVENANTS:AMENDMENT OF DECLARATION:
14.1 Duration of Covenants. The covenants, conditions and restrictions of this Declaration shall
run with and bind the Community, and shall inure to the benefit of and be enforceable by the Association,
the Developer,Builders and any Owner,their respective legal representatives,heirs, successors and assigns,
for an initial period to expire on the thirtieth(30th)anniversary of the date of recordation of this Declaration
(as amended to that date by the Developer or the Members as provided elsewhere herein). Upon the
expiration of the initial period, this Declaration shall be automatically renewed and extended for successive
ten (10) year periods. The number of ten (10) year renewal periods hereunder shall be unlimited, with this
Declaration being renewed and extended upon the expiration of each ten (10) year renewal period for an
additional ten (10) year period; provided, however, that there shall be no renewal or extension of this
Declaration if during the last year of the initial period, or during the last year of any subsequent ten (10)
year renewal period, ninety percent (90%) of Voting Interests, at a duly held meeting of Members, vote in
favor of terminating this Declaration at the end of its then current term. It shall be required that written
notice of any meeting at which such proposal will be considered, shall be given at least forty-five (45)days
in advance of said meeting. If the Members vote to terminate this Declaration, the President or Vice
President of the Association shall execute a certificate with the formalities of a deed, which shall set forth
the Book and Page of the Public Records of Collier County, Florida in which this Declaration is recorded,
the resolution of termination so adopted, the date of the meeting of the Association, the total number of
votes cast in favor of such resolution and the total number of votes cast against such resolution. Said
certificate shall be recorded in the Public Records of Collier County,Florida,and may be relied upon for the
correctness of the facts contained therein as they relate to the termination of this Declaration.
14.2 Proposal. Subsequent to the Turnover Date,amendments to this Declaration may be proposed
by the Board of Directors or by written petition signed by one-third (1/3) of the Voting Interests. If by
petition, the proposed amendments must be submitted to a vote of the Members not later than the next
37
4814-2036-9337,V.2
I 6A10
annual meeting. A proposal to amend this Declaration must contain the full text of the provision to be
amended and may not be revised or amended by reference solely to the title or number. Proposed new
language must be underlined, and proposed deleted language must be stricken. If the proposed change is
so extensive that underlining and striking through language would hinder, rather than assist, the
understanding of the proposed amendment, a notation must be inserted immediately preceding the
proposed amendment in substantially the following form: "Substantial rewording. See Declaration for
current text."An immaterial error or omission in the amendment process does not invalidate an otherwise
properly adopted amendment.
14.3 Vote Required. Except as otherwise provided by law, or by specific provision of the
Governing Documents,this Declaration may be amended if the proposed amendment is approved by at least
two-thirds (2/3) of the Voting Interests, provided that the text of each proposed amendment has been given
to the Members with notice of the meeting.
14.4 Certificate: Recording. A copy of each amendment shall be attached to a certificate that the
amendment was duly adopted as an amendment to this Declaration, which certificate shall identify the Book
and Page of the Public Records in which this Declaration is recorded,and shall be executed by the President
or Vice President of the Association with the formalities of a deed. The amendment shall be effective when
the certificate is recorded in the Public Records of Collier County,Florida.
14.5 Limitation on Amendments to Governing Documents. As long as the Developer holds title to
any Parcel or property in the Community,no amendment adopted by the Members shall be effective without
the prior written consent and joinder of the Developer, which consent may be denied in the Developer's
discretion. No amendment shall be effective which alters the rights and privileges of the Developer, a
Builder, an Institutional Mortgagee, SFWMD, any governmental authority, taxing district, or a public or
private utility, unless such party shall first provide its written consent and joinder. Any amendment
proposed to the Governing Documents which would affect the Surface Water Management System, and any
other Conservation Areas or mitigation areas shall be submitted to SFWMD for a determination of whether
the amendment necessitates a modification of the SFWMD permit. If a modification is necessary, SFWMD
will so advise the permittee. Any amendment to any of the provisions governing the following shall also
require approval of fifty-one percent(51%)of the Eligible Mortgage Holders holding mortgages on Parcels
in the Community: hazard or fidelity insurance requirements; restoration or repair of any Common Area
(after damage or partial condemnation) in a manner other than that specified in this Declaration; and any
provisions that expressly benefit mortgage holders, insurers or guarantors. An "Eligible Mortgage Holder"
is an Institutional Mortgagee that provides a written request to the Association to be considered an Eligible
Mortgage Holder(such request to state the name and address of such holder, insurer, or guarantor and the
Parcel). An Eligible Mortgage Holder will be entitled to timely written notice of: any condemnation loss
or any casualty loss which affects a material portion of the Community or which affects any Parcel on
which there is an Institutional Mortgage held, insured, or guaranteed by such Eligible Mortgage Holder;
any delinquency in the payment of Assessments or charges owed by an Owner of a Parcel subject to the
mortgage of such Eligible Mortgage Holder, where such delinquency has continued for a period of sixty
(60) days, provided, however, notwithstanding this provision, any Institutional Mortgagee, upon request,
is entitled to written notice from the Association of any default in the performance by an Owner of a
Parcel of any obligation under the Governing Documents which is not cured within sixty (60) days; any
38
4814-2036-9337,v.2
16A10
lapse, cancellation, or material modification of any insurance policy maintained by the Association; any
proposed action which would require the consent of a specified percentage of Eligible Mortgage Holders;
or any "material amendments" and "extraordinary actions", as such terms are defined in applicable
requirements of the Veterans Administration. A majority of Institutional Mortgagees may demand that the
Association retain professional management and obtain an audit of the Association's financial records. No
amendment shall materially or adversely alter the proportionate Voting Interest appurtenant to a Parcel or
increase the proportion or percentage by which a Parcel shares in the liability for Assessments unless the
Owner and all record owners of liens on the Parcels join in the execution of the amendment. A change in
the quorum requirement is not an alteration of Voting Interests. No amendment shall convert a Parcel into
Common Area or redefine a Parcel's boundaries unless the Association obtains the prior written consent and
joinder, in recordable form,of that Owner and all holders of a lien against that Parcel.
14.6 Developer Amendment of Documents. In addition to any other right of amendment or
modification provided for in this Declaration, to the extent permitted by law, the Developer, or any entity
which succeeds to its position as the Developer of the Community, may, in its sole discretion, by an
instrument filed of record, unilaterally modify, enlarge, amend, waive or add to the provisions of this
Declaration or any of its recorded exhibits. Any amendment made pursuant to this paragraph may be made
without notice to the Members or to any other entity.
15. TURNOVER. Members other than the Developer are entitled to elect one (1) Director pursuant to
Section 720.307(2) of the Act (i.e. when fifty percent (50%) of all Parcels in the Community that
ultimately will be operated by the Association have been conveyed to Members other than the Developer).
Members other than the Developer are entitled to elect a majority of the Board of Directors three(3)months
after ninety percent (90%) of all Parcels in the Community that ultimately will be operated by the
Association have been conveyed to Members other than the Developer. For purposes of this Section, the
term "Members other than the Developer" shall not include Builders. Pursuant to Section 720.307 of the
Act, the Developer shall be entitled to elect (appoint) at least one (1) member of the Board of Directors as
long as the Developer holds for sale in the ordinary course of business at least five percent (5%) of the
Parcels in all phases of the Community. The Developer may turn over control of the Board of Directors
prior to the Turnover Meeting by causing all of its appointed Directors to resign, whereupon it shall be the
affirmative obligation of Members other than the Developer and Builders to elect Directors and assume
control of the Association, provided that the Developer has provided at least thirty (30) days' notice to the
Members.
16. GENERAL PROVISIONS.
16.1 Waiver. Any waiver by the Developer of the breach of any provisions of this Declaration
must be in writing and shall not operate or be construed as a waiver of any other provision or of any
subsequent breach.
16.2 Severability. If any section, subsection,sentence,clause,phrase or portion of this Declaration
or any of its recorded exhibits is, for any reason, held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate,distinct and independent provision and shall not affect
the validity of the remaining portions.
39
4814-2036-9337,v.2
1 6A10
16.3 Headings. The headings of the Sections herein are for convenience only, and shall not affect
the meaning or interpretation of the contents thereof.
16.4 Notices. Any notice required to be sent to any Owner other than the Developer under the
provisions of this Declaration or the Bylaws, shall be deemed to have been properly sent when mailed,
postpaid,to the last known address of the person who appears as Owner on the records of the Association at
the time of such mailing. The Owner bears the responsibility for notifying the Association of any change of
address. Any notice sent to the Developer shall be sent by certified or registered mail, return receipt
requested to Pulte Home Company, LLC, Attn: Scott Brooks, 24311 Walden Center Drive, Suite 300,
Bonita Springs,FL 34134.
16.5 Interpretation. The Board of Directors is responsible for interpreting the provisions of this
Declaration and its exhibits. Such interpretation shall be binding upon all parties unless wholly
unreasonable.
[remainder of page intentionally left blank]
40
4814-2036-9337,v.2
1 6A1O
IN WITNESS WHEREOF, the Developer does hereby execute this Declaration of Covenants, Conditions
and Restrictions on the day and year set forth below.
In the Presence of: PULTE HOME COMPANY,a Michigan limited
liability company
By: •
Printed name: C'461/2/1 4.r f= Print Name: 7"2:."->' ftifuT T
Print Title:
Southwest Florida Division
•
Printed name: /✓'c C<'� ��r ;
STATE OF FLORIDA
COUNTY OF LEE
The foregoing instrument was acknowledged before met 's ! 'day of ACcei nk_c, , 2020, by ( ,-) •
physical presence or( )online notarization,by �T, ,as (iP , Southwest
Florida Division of Pulte Home Company, LLC, a Ar1ichigan limited liability company. He is personally
known to me.
•
Notary?ubiic,State of Florid
Print Name
Serial No.
(SEAL) My Commission Expires:
•
<►'"' LAURA A.RAY
MY COMMISSION tt GG 311908
��-:a`•' EXPIRES:July 13,2023
•Fos n;4P'. Bonded Tin Notary Pubic Undeimfiers
41
4814-2038-9337,v.2
1 6A10
EXHIBIT"A"
LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS
FOLLO'WS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF
THE SOUTHEAST QUARTER OF SAID SECTION, SOUTH 88'47'39" WEST, A DISTANCE
OF 2,550. 15 FEET TO SOUTH QUARTER CORNER OF SAID SECTION 13; THENCE
ALONG THE EAST LINE OF THE WEST HALF OF SAID SECTION 13, NORTH 00'09'25"
WEST, A DISTANCE OF 2,692.40 FEET TO A POINT ON THE NORTH LINE OF
LEARNING LANE AS DESCRIBED IN THE ACCESS CORRIDOR RECORDED IN OFFICIAL
RECORDS BOOK 31 1 1, PAGE 2292 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA AND THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND
HEREIN DESCRIBED;
THENCE ALONG SAID NORTH LINE, SOUTH 88'57'7 5" WEST, A DISTANCE OF 1,325,30
FEET TO A POINT ON THE BOUNDARY OF THE LANDS DESCRIBED IN OFFICIAL
RECORDS BOOK 1 579, PAGE 591, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE ALONG SAID BOUNDARY AND THE EXTENSION THEREOF, NORTH 00'1 2'35"
WEST, A DISTANCE OF 1,349.04 FEET TO A POINT ON THE BOUNDARY OF THE
LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 5237, PAGE 925, PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID BOUNDARY, NORTH 89'0231"
EAST, A DISTANCE OF 1, 1 1 7.58 FEET TO A POINT ON THE RIGHT-OF-WAY OF
LIVINGSTON ROAD, THE SAME BEING A POINT ON A NON TANGENTIAL CURVE TO THE
LEFT; THENCE ALONG SAID RIGHT-OF-WAY FOR THE FOLLOWING SIX (5) COURSES
AND DISTANCES, 7) SOUTHERLY 383.80 FEET ALONG THE ARC OF SAID CURVE,
HAVING A RADIUS OF 2,0 7 4.65 FEET, A CENTRAL ANGLE OF 1 0'54 (CHORD
BEARING SOUTH 10'35'31" EAST, A DISTANCE OF 383.22 FEET); 2) THENCE SOUTH
73'57'05" WEST, A DISTANCE OF 32.50 FEET TO A POINT ON A NON TANGENTIAL
CURVE TO THE LEFT; 3) THENCE SOUTHERLY 454.51 FEET ALONG THE ARC OF SAID
CURVE, HAVING A RADIUS OF 2,047.36 FEET, A CENTRAL ANGLE OF 12'43'10",
(CHORD BEARING SOUTH 22'24'31" EAST, A DISTANCE OF 453.57 FEET); 4) THENCE
SOUTH 00'09'25" EAST, A DISTANCE OF 207.77 FEET; 5) THENCE NORTH 88'58'31"
EAST, A DISTANCE OF 7 24.47 FEET TO A POINT ON A NON TANGENTIAL CURVE TO
THE LEFT; 6) THENCE SOUTHEASTERLY 443.76 FEET ALONG THE ARC OF SAID
CURVF, HAVING A RADIUS OF 2,047.36 FEET, A CENTRAL ANGLE OF 1225'08",
(CHORD BEARING SOUTH 41'34'1 4" EAST, A DISTANCE OF 442.89 FEET) TO A POINT
ON THE NORTH LINE OF THE AFOREMENTIONED LEARNING LANE; THENCE ALONG SAID
NORTH LINE, SOUTH 88'57'15" WEST, A DISTANCE OF 41 7.47 FEET TO THE POINT
OF BEGINNING.
CONTAINING 40..55 ACRES, MORE OR LESS.
42
4814-2036-9337,v.2
850-617-6381 12/23/2020 11 : 54 : 43 AM PAGE 2/003 Fax Serye 6 A 1 0
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I certify the attached is a true and correct copy of the Articles of
VC Incorporation of ARDENA HOMEOWNERS ASSOCIATION, INC. , a Florida V
corporation, filed on December 22, 2020, as shown by the records of this
11E office.
Ls
I further certify the document was electronically received under FAX audit. w
:nC number H20000436595. This certificate is issued in accordance with
�nsection 15. 16, Florida Statutes, and authenticated by the code noted below V
The document number of this corporation is N20000014130 . nv
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Authentication Code: 720A00026012-122320-N20000014130-1/1
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1 6A10
BYLAWS
FOR
ARDENA HOMEOWNERS ASSOCIATION,INC.
EXHIBIT " C,-
4848-2457-1321,V. 3
1 6A10
TABLE OF CONTENTS
FOR
BYLAWS
OF
ARDENA HOMEOWNERS ASSOCIATION,INC.
PAGE NO.
1. GENERAL 1
1.1 Principal Office 1
1.2 Seal 1
1.3 Definitions 1
2. MEMBERS 1
2.1 Qualifications 1
2.2 Voting Interest 1
2.3 Approval or Disapproval of Matters 2
2.4 Change of Membership 2
2.5 Termination of Membership 2
3. MEMBERS' MEETINGS: VOTING 2
3.1 Annual Meeting 2
3.2 Special Members' Meetings 2
3.3 Notice of Meetings; Waiver of Notice 2
3.4 Quorum 3
3.5 Vote Required 3
3.6 Proxy Voting 3
3.7 Adjourned Meetings 3
3.8 Order of Business 3
3.9 Minutes 4
3.10 Parliamentary Rules 4
4. BOARD OF DIRECTORS 4
4.1 Number and Terms of Service; Elections 4
4.2 Qualifications 5
4.3 Vacancies on the Board of Directors 6
4.4 Removal of Directors 6
4.5 Organizational Meeting 7
4.6 Other Meetings 7
4.7 Notice to Owners 7
4.8 Waiver of Notice 7
4.9 Quorum of Directors 7
4.10 Vote Required 7
4.11 Adjourned Meetings 7
4.12 The Presiding Officer 8
4.13 Compensation of Directors and Officers 8
4.14 Committees 8
5. OFFICERS 8
5.1 Officers and Elections 8
5.2 President 8
5.3 Vice-Presidents 8
5.4 Secretary 8
5.5 Treasurer 9
i
4848-2457-1321,v. 3
1 6A10
6. FISCAL MATTERS 9
6.1 Depository 9
6.2 Budget 9
6.3 Reserves for Capital Expenditures and Deferred Maintenance 9
6.4 Assessments 10
6.5 Special Assessments 10
6.6 Fidelity Bonds 10
6.7 Financial Reporting 10
6.8 Fiscal Year 10
7. RULES AND REGULATIONS: USE RESTRICTIONS 10
8. COMPLIANCE AND DEFAULT: REMEDIES 11
8.1 Obligations of Members; Remedies At Law Or In Equity; Levy of Fines and Suspension Of Use
Rights 11
8.2 Availability of Remedies 12
9. AMENDMENT OF BYLAWS 13
9.1 Proposal 13
9.2 Procedure 13
9.3 Vote Required 13
9.4 Certificate; Recording 13
10. MISCELLANEOUS 13
10.1 Gender 13
10.2 Severability 13
ii
4848-2457-1321,v. 3
1 6A10
BYLAWS
ARDENA HOMEOWNERS ASSOCIATION,INC.
1. GENERAL: These are the Bylaws of Ardena Homeowners Association, Inc., hereinafter the
"Association", a corporation not for profit organized under the laws of Florida for the purpose of operating
the Community pursuant to the Florida Not-For-Profit Corporation Act.
1.1 Principal Office. The principal office of the Association is c/o Pulte Home Company, LLC, 24311
Walden Center Drive, Suite 300,Bonita Springs, FL 34134.
1.2 Seal. The seal of the Association shall be inscribed with the name of the Association,the year of its
organization, and the words "Florida"and"corporation not-for-profit". The seal may be used by causing it,
or a facsimile of it, to be impressed, affixed, reproduced or otherwise placed upon any document or writing
of the corporation where a seal may be required.
1.3 Definitions. The definitions set forth in the Declaration and the Act shall apply to terms used in
these Bylaws.
2. MEMBERS:
2.1 Qualifications. The Members shall be the record owners of legal title to the Parcels in the
Community. In the case of a Parcel subject to an agreement for deed, the purchaser in possession shall be
deemed the Owner of the Parcel for purposes of determining voting and use rights. Membership shall
become effective upon the last to occur of the following:
(A) Recording a deed or other instrument evidencing legal title to the Parcel in the Public
Records of Collier County,Florida.
(B) Delivery to the Association of a copy of the recorded deed or other instrument evidencing
title.
(C) Delivery to the Association, if required, of a written designation of the Primary Occupants.
The failure to comply with the prerequisites set forth in(B)-(C)above shall not release the Member from the
obligation to comply with the Governing Documents, but shall otherwise preclude such Member from
obtaining the benefits of membership, including, without limitation,the right to receive notices and the right
to vote on Association matters.
2.2 Voting Interest. The Class"A"Members are entitled to one(1)vote for each Parcel they own. The
total number of Class"A"votes shall not exceed the total number of Parcels subject to the Declaration. The
Class `B" Member shall be entitled to a number of votes equal to the total number of Parcels owned by the
Class "A" Members plus one (1) vote; provided that subsequent to the Turnover Date, the Class `B"
Member shall be entitled to one (1)vote for each Parcel it owns. The vote of a Parcel is not divisible. If a
Parcel is owned by one (1) natural person, his right to vote shall be established by the record title to the
Parcel. If a Parcel is owned jointly by two (2) or more natural persons that are not acting as trustees, that
Parcel's vote may be cast by any one (1) of the Owners. If two (2) or more Owners do not agree among
themselves how their one(1)vote shall be cast,that vote shall not be counted for any purpose. If the Owner
is a corporation, partnership, limited liability company, trust, trustee or other entity other than a natural
1
4848-2457-1321,v. 3
16A10
person, the vote of that Parcel shall be cast by any officer, director, partner, manager, managing member or
trustee, as the case may be.
2.3 Approval or Disapproval of Matters. Whenever the decision or approval of the Owner of a Parcel is
required upon any matter, whether or not the subject of an Association meeting, such decision or approval
may be expressed by any person authorized to cast the vote of such Parcel at an Association meeting as
stated in Section 2.2 above,unless the joinder of all Owners is specifically required.
2.4 Change of Membership. A change of membership shall be established as provided in Section 2.1
above; and the membership of the prior Owner shall thereby be automatically terminated.
2.5 Termination of Membership. The termination of membership in the Association does not relieve or
release any former Member from liability or obligation incurred under or in any way connected with the
Association during the period of his membership, nor does it impair any rights or remedies which the
Association may have against any former Owner or Member arising out of or in any way connected with
such ownership and membership and the covenants and obligations incident thereto.
3. MEMBERS' MEETINGS: VOTING:
3.1 Annual Meeting. There shall be an Annual meeting of the Members in each calendar year. The
Annual meeting shall be held in Collier County, Florida, each year at a day, place and time designated by
the Board of Directors, for the purpose of electing Directors and transacting any business duly authorized to
be transacted by the Members.
3.2 Special Members' Meetings. Prior to the Turnover Date, Special Members' meetings must be held
whenever called by the President or by a majority of the Directors. Subsequent to the Turnover Date,
Special Members' meetings must be held whenever called by the President or by a majority of the Directors,
and may also be called by Members having at least one-third (1/3) of the Voting Interests. The business at
any Special Members' meeting shall be limited to the items specified in the notice of meeting.
3.3 Notice of Meetings; Waiver of Notice. Notice of all Members' meetings must state the time, date,
and place of the meeting, and include an agenda for the meeting. The Notice of Meeting must be sent to
each Member at the address which appears on the books of the Association, or may be furnished by personal
delivery. The Member is responsible for providing the Association with notice of any change of address.
The Notice of Meeting must be mailed, delivered or electronically transmitted at least fourteen (14) days
before the meeting. An affidavit of the officer or other person making such mailing shall be retained in the
Association records as proof of mailing. Attendance at any meeting by a Member constitutes waiver of
notice by that Member unless the Member objects to the lack of notice at the beginning of the meeting. A
Member may waive notice of any meeting at any time, but only by written waiver. Notice to the Members
of meetings of the Board of Directors, meetings of a committee requiring notice in the same manner as
meetings of the Board of Directors, and Annual and Special meetings of the Members, may be
electronically transmitted in the manner set forth in Section 617.0141, F.S.. to any Member who has
provided a facsimile number or e-mail address to the Association to be used for such purposes . Notice by
electronic transmission is effective: when actually transmitted by facsimile telecommunication, if correctly
directed to a number at which the Member has consented to receive notice; when actually transmitted by
electronic mail, if correctly directed to an electronic mail address at which the Member has consented to
receive notice. Notice is also effective when posted on an electronic network that the Member has
consented to consult, upon the later of: such correct posting; or the giving of a separate notice to the
Member of the fact of such specific posting; or when correctly transmitted to the Member, if by any other
form of electronic transmission consented to by the Member to whom notice is given. Consent by a
Member to receive notice by electronic transmission shall be revocable by the Member by written notice to
2
4848-2457-1321,v. 3
1 6A10
the Association. Any such consent shall be deemed revoked if: the Association is unable to deliver by
electronic transmission two (2) consecutive notices given by the Association in accordance with such
consent; and such inability becomes known to the Secretary, Assistant Secretary or other authorized person
responsible for the giving of notice. However, the inadvertent failure to treat such inability as a revocation
does not invalidate any meeting or other action. The Member is responsible for providing the Association
with notice of any change of mailing address, facsimile number or electronic mail address. As used in these
Bylaws, the term "electronic transmission" means any form of communication, not directly involving the
physical transmission or transfer of paper, which creates a record that may be retained, retrieved, and
reviewed by a recipient thereof and which may be directly reproduced in a comprehensible and legible paper
form by such recipient through an automated process. Examples of electronic transmission include, but are
not limited to,telegrams, facsimile transmission of images, and text that is sent via electronic mail between
computers. An affidavit of the Secretary,an Assistant Secretary, or other authorized agent of the Association
that the notice has been given by a form of electronic transmission is, in the absence of fraud, prima facie
evidence of the facts stated in the notice.
3.4 Quorum. A quorum at a Members' meeting shall be attained by the presence, either in person or by
proxy, of Members entitled to cast at least thirty percent (30%) of the Voting Interests, provided that the
quorum for an election of Directors shall be twenty percent (20%) of the Voting Interests. After a quorum
has been established at a Members' meeting, the subsequent withdrawal of any Members, so as to reduce
the number of Voting Interests represented below the number required for a quorum, shall not affect the
validity of any action taken at the meeting before or after such persons leave.
3.5 Vote Required. The acts approved by a majority of the votes cast at a duly called meeting of the
Members at which a quorum has been attained shall be binding upon all Members for all purposes, except
where a greater or different number of votes are expressly required by law or by any provision of the
Governing Documents. The Association may conduct elections and other membership votes through an
internet-based online voting system if a Member consents, in writing, to online voting and all requirements
in Section 720.317 of the Act are met.
3.6 Proxy Voting. To the extent lawful, any Member entitled to attend and vote at a Members meeting
may establish his presence and cast his vote by proxy. A proxy shall be valid only for the specific meeting
for which originally given and any lawful adjournment of that meeting, and no proxy is valid for a period
longer than ninety(90) days after the date of the first meeting for which it was given. Every proxy shall be
revocable at the pleasure of the person executing it. To be valid, a proxy must be in writing, dated, signed
by the person authorized to cast the votes, specify the date, time and place of the meeting for which it is
given, and delivered to the Association by the appointed time of the meeting or adjournment thereof.
Holders of proxies need not be Members. No proxy shall be valid if it names more than one (1) person as
the holder of the proxy, but the holder shall have the right, if the proxy so provides, to substitute another
person to hold the proxy.
3.7 Adjourned Meetings. Any duly called meeting of the Members may be adjourned to be reconvened
at a specific later time by vote of a majority of the Voting Interests present in person or by proxy, regardless
of whether a quorum has been attained. The adjournment to a date, time and place must be announced at
that meeting before the adjournment is taken, or notice must be given to all Members of the date, time and
place of its reconvening. Any business which might have been conducted at the meeting as originally
scheduled may instead be conducted at the continuance, provided a quorum is then present, in person or by
proxy.
3.8 Order of Business. The order of business at Members' meetings shall be substantially as follows:
(A) Call of the roll or determination of quorum
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(B) Reading or disposal of minutes of the last Members' meeting
(C) Reports of Officers
(D) Reports of Committees
(E) Unfinished Business
(F) New Business
(G) Adjournment
3.9 Minutes. Minutes of all meetings of Members and of the Board of Directors shall be kept in a
businesslike manner and available for inspection by Members or their authorized representatives and
Directors at reasonable times and for a period of seven (7) years after the meeting. Minutes must be
maintained in written form or in another form that can be converted into written form within a reasonable
time. A vote or abstention from voting on each matter voted upon for each Director present at a Board of
Directors meeting must be recorded in the minutes.
3.10 Parliamentary Rules. Roberts' Rules of Order (latest edition) shall guide the conduct of
Association meetings when not in conflict with the law, with the Declaration, or with these Bylaws. The
presiding officer may appoint a Parliamentarian whose decision on questions of parliamentary procedure
shall be final. Any question or point of order not raised at the meeting to which it relates shall be deemed
waived.
4. BOARD OF DIRECTORS: The administration of the affairs of the Association shall be by the Board of
Directors. All powers and duties granted to the Association by law, as modified and explained in the
Governing Documents, shall be exercised by the Board of Directors, subject to approval or consent of the
Members only when such is specifically required.
4.1 Number and Terms of Service; Elections. The number of Directors which shall constitute the whole
Board of Directors shall initially be three (3), all of whom shall be appointed by and shall serve at the
pleasure of the Developer. At the Annual meeting occurring subsequent to the date that Members other
than the Developer are entitled to elect one (1) Director pursuant to Section 720.307(2) of the Act (i.e.
when fifty percent (50%) of all Parcels in the Community that ultimately will be operated by the
Association have been conveyed to Members other than the Developer), there shall be four (4) Directors,
three (3) of whom shall be appointed by and serve at the pleasure of the Developer and the fourth elected
by the Members other than the Developer. For purposes of this Section, the term "Members other than
the Developer" shall not include Builders. The number of Directors shall increase to five (5) at the
Turnover Meeting. Directors shall be elected by secret ballot (using a double envelope system) in
accordance with the Act and these Bylaws at: the Annual Meeting occurring subsequent to the date that
Members other than the Developer are entitled to elect one (1) Director pursuant to Section 720.307(2) of
the Act; any other Annual Meeting prior to the Turnover Meeting; the Turnover Meeting; and at
subsequent Annual Meetings.
The First Notice of the Turnover or Annual Meeting, as the case may be, shall be mailed, hand-
delivered or electronically transmitted to all Members at least sixty (60) days in advance of the meeting.
Any person who wishes to qualify as a candidate shall notify the Association in writing of his or her desire
to be a candidate at least forty (40) days prior to the meeting and must be eligible to serve on the Board of
Directors at the time of such forty (40) day deadline in order to have his or her name listed as a proper
candidate on the election ballot or to serve on the Board of Directors. Notice shall be deemed effective
when received by the Association. Any person indicating his or her desire to qualify as a candidate may
also return a separate information sheet, no larger than 8 '/z" by 11", which describes the candidate's
background, education and qualifications for office, and any other information deemed relevant by the
candidate, which information sheet must be furnished by the candidate at least forty (40) days prior to the
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election. The Association has no liability for the contents of the information sheets prepared by the
candidates.
If the number of candidates does not exceed the number of vacancies, an election shall not be
required. The Association shall mail, hand-deliver or electronically transmit a Second Notice at least
fourteen(14)days in advance of the meeting. If an election is not required,the candidates become members
of the Board of Directors at the meeting, regardless of whether a quorum is attained. However, if a quorum
is attained, the candidates commence service on the Board of Directors effective upon the adjournment of
the meeting.
If the number of candidates exceeds the number of seats to be filled, an election shall be required.
The Association shall mail, hand-deliver or electronically transmit a Second Notice, together with any
candidate information sheets, a ballot which shall list all candidates in alphabetical order by surname, and
(unless the Second Notice is electronically transmitted),"inner"and"outer envelopes", at least fourteen(14)
days in advance of the meeting. Directors shall be elected by a plurality of the ballots cast. A Member shall
not permit any other person to vote his ballot, and any ballots improperly cast are invalid. In the election of
Directors, there shall be appurtenant to each Parcel as many votes for Directors as there are Directors to be
elected, but no Parcel may cast more than one (1) vote for any candidate, it being the intent hereof that
voting for Directors shall be non-cumulative.
After indicating the name(s) of the candidate(s) for which the Member has voted, the ballot must
be placed in an inner envelope with no identifying markings and mailed or delivered to the Association in
an outer envelope bearing identifying information reflecting the name of the Member, the Member's
address in the Community and the signature of the Member casting that ballot. If the eligibility of the
Member to vote is confirmed and no other ballot has been submitted for that Parcel, the inner envelope
shall be removed from the outer envelope bearing the identification information, placed with the ballots
which were personally cast, and opened when the ballots are counted. Nominations from the floor and
write-in nominations are prohibited and there shall not be a nominating committee. If more than one (1)
ballot is submitted for a Parcel, the ballots for that Parcel shall be disqualified. Upon receipt by the
Association, no ballot may be rescinded or changed. Any vote by ballot received after the closing of the
balloting may not be considered.
Notwithstanding anything to the contrary in this Section 4.1, the Association may conduct the
election via an internet-based online voting system pursuant to Section 720.317 of the Act. In that case, any
Member wishing to vote in that manner must consent in writing and comply with all requirements set forth
in Section 720.317 of the Act and any procedures implemented by the Board of Directors.
At the Turnover Meeting, the three (3) Directors who receive the highest number of votes shall be
elected to two (2)year terms, and the remaining two (2) Directors elected shall serve an initial one (1)year
term. In the event of a tie vote, or if the number of candidates does not exceed the number of seats to be
filled, the candidates shall mutually agree or shall draw lots to determine which candidate(s) shall serve and
for what terms. Thereafter, all Directors (except those appointed by the Developer) shall serve two (2)year
terms. Notwithstanding the foregoing provisions in this Section 4.1, the Developer shall be entitled to
appoint at least one (1) member of the Board of Directors as long as the Developer holds for sale in the
ordinary course of business at least five percent (5%) of the Parcels in all phases of the Community. A
Director's term will end at the annual election at which his successor is to be duly elected, unless he sooner
resigns,or is recalled as provided in 4.4 below.
4.2 Qualifications. Directors appointed by the Developer are not required to be Members. Directors
appointed by the Developer may be the Developer's officers or employees. Directors elected by the
Members must be a Member or the spouse of a Member. If a Parcel is owned by a corporation, partnership,
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limited liability company or trust, any officer, director, partner, manager, managing member, or trustee, as
the case may be, shall be eligible to serve as a Director. A person who is delinquent in the payment of any
fee, fine or other monetary obligation to the Association on the day that he or she could last nominate
himself or herself or be nominated for the Board of Directors may not seek election to the Board of
Directors, and his or her name shall not be listed on the ballot. A person serving as a Director who becomes
more than ninety (90) days delinquent in the payment of any fee, fine or other monetary obligation to the
Association shall be deemed to have abandoned his or her seat on the Board of Directors, creating a vacancy
on the Board of Directors to be filled according to law. For purposes of this Section 4.2, the term "any fee,
fine or other monetary obligation" means any delinquency to the Association with respect to any Parcel. A
person who has been convicted of any felony in Florida or in a United States District or Territorial Court,
or has been convicted of any offense in another jurisdiction which would be considered a felony if
committed in Florida, may not seek election to the Board of Directors and is not eligible for Board
membership unless such felon's civil rights have been restored for at least five (5) years as of the date on
which such person seeks election to the Board of Directors. The validity of any action by the Board of
Directors is not affected if it is later determined that a person was ineligible to seek election to the Board
of Directors or that a Director is ineligible for Board of Directors membership. A Director or officer
charged by information or indictment with a felony theft or embezzlement offense involving the
Association's funds or property is removed from office. The Board of Directors shall fill the vacancy
according to general law until the end of the period of the suspension or the end of the Director's term of
office, whichever occurs first. However, if the charges are resolved without a finding of guilt or without
acceptance of a plea of guilty or nolo contendere, the Director or officer shall be reinstated for any
remainder of his or her term of office. A Member who has such criminal charges pending may not be
appointed or elected to a position as a Director or officer. Within ninety (90) days after being elected or
appointed to the Board of Directors, each Director shall certify in writing to the Secretary that he or she has
read the Declaration,Articles of Incorporation, Bylaws and current written rules and policies; that he or she
will work to uphold such documents and policies to the best of his or her ability; and that he or she will
faithfully discharge his or her fiduciary responsibility to the Members. Within ninety (90) days after being
elected or appointed to the Board of Directors, in lieu of such written certification, the newly elected or
appointed Director may submit a certificate of having satisfactorily completed the educational curriculum
administered by a Division-approved education provider within one year before or ninety(90) days after the
date of election or appointment. The written certification or educational certificate is valid for the
uninterrupted tenure of the Director on the Board of Directors. A Director who does not timely file the
written certification or educational certificate shall be suspended from the Board of Directors until he or she
complies with the requirements set forth above. The Board of Directors may temporarily fill the vacancy
during the period of suspension. The Association shall retain each Director's written certification or
educational certificate for inspection by the Members for five (5) years after the Director's election.
However, the failure to have such written certification or educational certificate on file does not affect the
validity of any Board of Directors' action.
4.3 Vacancies on the Board of Directors. If the office of any Director becomes vacant for any reason,
other than recall by the membership at a Members' meeting, a majority of the remaining Directors, though
less than a quorum, shall promptly choose a successor to fill the remaining unexpired term except that
vacancies of all Directors appointed by the Developer shall likewise be filled by the Developer. If the
Association fails to fill vacancies on the Board of Directors sufficient to constitute a quorum, or if no
Director remains on the Board of Directors, the vacancy may be filled by the Members (via a special
meeting of the Members)or any Member may apply to the Circuit Court for the appointment of a receiver to
manage the Association's affairs, in the manner provided by Florida law.
4.4 Removal of Directors. Except for Directors appointed by the Developer, any or all Directors may be
removed with or without cause by a majority the Voting Interests, either by a written petition, or at any
meeting called for that purpose, in the manner required by Section 720.303(10)of the Act.
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4.5 Organizational Meeting. The organizational meeting of a new Board of Directors shall be held
within ten (10) days after the election. The organizational meeting may be held immediately following the
election, in which case noticing of the meeting may be effectuated by the Board of Directors existing prior
to the election.
4.6 Other Meetings. Prior to the Turnover Date, meetings of the Board of Directors may be held at such
time and place in Lee or Collier County, as shall be determined from time to time by the President or a
majority of the Directors. On and subsequent to the Turnover Date, meetings of the Board of Directors may
be held at such time and place in Collier County, Florida, as shall be determined from time to time by the
President or a majority of the Directors. Notice of meetings shall be given to each Director,personally or by
mail,telephone or telegram at least forty-eight(48)hours prior to the day named for such meeting.
4.7 Notice to Owners. A meeting of the Board of Directors occurs whenever a quorum of the Board of
Directors gathers to conduct Association business. All meetings of the Board of Directors shall be open to
Members except for meetings between the Board of Directors and its attorney with respect to proposed or
pending litigation where the contents of the discussion would otherwise be governed by the attorney-client
privilege; or meetings of the Board of Directors held for the purpose of discussing personnel matters.
Notices of all Board of Directors meetings shall be posted conspicuously in the Community for at least
forty-eight (48) continuous hours in advance of each Board of Directors meeting, except in an emergency.
In the event of an emergency meeting, any action taken shall be noticed and ratified at the next regular
meeting of the Board of Directors. In the alternative to the posting requirements discussed above, notice of
each Board of Directors meeting must be mailed or delivered to each Member at least seven (7)days before
the meeting, except in an emergency. An Assessment may not be levied at a Board of Directors meeting
unless the notice of the meeting includes a statement that Assessments will be considered and the nature of
the Assessments. Members have the right to speak with reference to any matter that is placed on the Board
of Directors meeting agenda. The Association may adopt reasonable, written rules expanding the rights of
Members to speak and governing the frequency, duration, and other manner of Member statements,
(including a sign-up sheet requirement), which rules must be consistent with the minimum requirements of
the Act.
4.8 Waiver of Notice. Any Director may waive notice of a meeting before or after the meeting, and such
waiver shall be deemed equivalent to the giving of notice. If all Directors are present at a meeting, no notice
to Directors shall be required.
4.9 Quorum of Directors. A quorum at a Board of Directors meeting shall exist when at least a majority
of all Directors are present at a duly called meeting. Directors may participate in any meeting of the Board
of Directors, by a conference telephone call or similar communicative arrangement whereby all persons
present can hear all other persons. Participation by such means shall be deemed equivalent to presence in
person at a meeting.
4.10 Vote Required. The acts approved by a majority of those Directors present and voting at a meeting
at which a quorum exists shall constitute the acts of the Board of Directors, except when approval by a
greater number of Directors is required by the Governing Documents or by applicable statutes. Directors
may not vote by proxy or by secret ballot at Board of Directors meetings, except that secret ballots may be
used in the election of officers. Directors may use e-mail as a means of communication, but may not cast a
vote on an Association matter via e-mail.
4.11 Adjourned Meetings. The majority of the Directors present at any meeting of the Board of
Directors, regardless of whether a quorum exists, may adjourn the meeting to be reconvened at a specific
time and date.
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4.12 The Presiding Officer. The President of the Association,or in his absence,the Vice-President, shall
be the presiding officer at all meetings of the Board of Directors. If neither is present, the presiding officer
shall be selected by majority vote of the Directors present.
4.13 Compensation of Directors and Officers. Neither Directors nor officers shall receive compensation
for their services as such. Directors and officers may be reimbursed for all actual and proper out-of-pocket
expenses relating to the proper discharge of their respective duties.
4.14 Committees. The Board of Directors may appoint from time to time such standing or temporary
committees as the Board of Directors deem necessary and convenient for the efficient and effective
operation of the Association. Any such committee shall have the powers and duties assigned to it in the
resolution creating the committee. If required by law, committee meetings shall be open to attendance by
any Member, and notice of committee meetings shall be posted in the same manner as required in Section
4.7 above for Board of Directors meetings, except for such committee meetings between the committee and
its attorney with respect to proposed or pending litigation where the contents of the discussion would
otherwise be governed by the attorney-client privilege.
5. OFFICERS:
5.1 Officers and Elections. The executive officers of the Association shall be a President and Vice
President (both of whom must be Directors), a Treasurer and a Secretary, all of whom shall be elected
annually by the Board of Directors. Any officer may be removed with or without cause by vote of a
majority of all Directors at any meeting. Any person may hold two (2) or more offices. The Board of
Directors may, from time to time, appoint such other officers, and designate their powers and duties, as the
Board of Directors shall find to be required to manage the affairs of the Association. If the Board of
Directors so determines, there may be more than one (1) Vice-President. The Board of Directors may
designate one or more officers besides the President to be ex-officio members of some or all standing
committees.
5.2 President. The President shall be the chief executive officer of the Association; he shall preside at all
meetings of the Members and Directors, shall be ex-officio a member of all standing committees, shall have
general and active management of the business of the Association, and shall see that all orders and
resolutions of the Board of Directors are carried into effect. He shall execute bonds, mortgages and other
contracts requiring seal of the Association, except for those that are permitted by law to be otherwise signed
and executed, and the power to execute is delegated by the Board of Directors to some other officer or agent
of the Association.
5.3 Vice-Presidents. The Vice-Presidents in the order of their seniority shall, in the absence or disability
of the President, perform the duties and exercise the powers of the President; and they shall perform such
other duties as the Board of Directors shall assign.
5.4 Secretary. The Secretary shall attend all meetings of the Board of Directors and all meetings of the
Members and shall cause all votes and the minutes of all proceedings to be recorded in a book or books to
be kept for the purpose, and shall perform like duties for the standing committees when required. He shall
give, or cause to be given, notice of all meetings of the Members and of the Board of Directors, and shall
perform such other duties as may be prescribed by the Board of Directors or the President. He shall keep in
safe custody the seal of the Association and, when authorized by the Board of Directors, affix the same to
any instrument requiring it. The Secretary shall be responsible for the proper recording of all duly adopted
amendments to the Governing Documents. Any of the foregoing duties may be performed by an Assistant
Secretary, if one(1)has been designated, or the Association's manager/management company.
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5.5 Treasurer. The Treasurer shall be responsible for Association's funds and securities, the keeping of
full and accurate amounts of receipts and disbursements in books belonging to the Association, and the
deposit of all monies and other valuable effects in the name and to the credit of the Association in such
depositories as may be designated by the Board of Directors. He shall oversee the disbursement of the
Association's funds, keeping proper vouchers for such disbursements, and shall render to the President and
Directors, at the meetings of the Board of Directors, or whenever they may require it, an accounting of all
transactions and of the financial condition of the Association. Any of the foregoing duties may be
performed by an Assistant Treasurer, if any has been designated, or the Association's manager/management
company.
6. FISCAL MATTERS: The provisions for fiscal management of the Association set forth in the
Declaration shall be supplemented by the following provisions:
6.1 Depository. The Association shall maintain its funds in such financial institutions authorized to do
business in the State of Florida as shall be designated from time to time by the Board of Directors.
Withdrawal of monies from such accounts shall be only by such persons as are authorized by the Board of
Directors.
6.2 Budget. The Board of Directors shall adopt a budget of Common Expenses for each fiscal year. The
budget shall be adopted on a "buildout" basis. The budget must set out separately all fees or charges for
recreational amenities, whether owned by the Association, the Developer or another person, if any. The
notice of the meeting at which the Board of Directors adopts the budget must include a statement that
Assessments will be considered and the nature of the Assessments(i.e.the budget for annual Assessments).
6.3 Reserves for Capital Expenditures and Deferred Maintenance. As set forth in Section 4.3 of the
Declaration, the Developer does not fund reserves as part of its Developer Subsidy. In addition to annual
operating expenses,the proposed budget may include reserve accounts for capital expenditures and deferred
maintenance with respect to the Common Area. If the Association's budget includes reserve accounts
established by the Developer or the Members pursuant to Section 720.303(6)(d) of the Act, such reserves
shall be determined, maintained, and waived in the manner provided therein. Once the Association
provides for reserve accounts, the Association shall thereafter determine, maintain, and waive reserves in
compliance with the Act, provided that this does not preclude the termination of a reserve account upon
approval of a majority of the Voting Interests. Upon such approval, the terminating reserve account shall
be removed from the budget. If reserve accounts are established by the Developer, the budget must
designate the components for which the reserve accounts may be used. If reserve accounts are not
initially provided by the Developer, the Members may elect to do so upon the affirmative approval of a
majority of the Voting Interests. Such approval may be obtained by vote of the Members at a duly called
Members' meeting or by the written consent of a majority of the Voting Interests. The approval action of
the Members must state that reserve accounts shall be provided for in the budget and must designate the
components for which the reserve accounts are to be established. Upon approval by the Members, the
Board of Directors shall include the required reserve accounts in the budget in the next fiscal year
following the approval and each year thereafter. Once established as provided in Section 720.303(6) of
the Act, the reserve accounts must be funded or maintained or have their funding waived in the manner
provided therein. The amount to be reserved in any account established shall be computed by means of a
formula that is based upon estimated remaining useful life and estimated replacement cost or deferred
maintenance expense of each reserve item. The Association may adjust replacement reserve assessments
annually to take into account any changes in estimates of cost or useful life of a reserve item. Funding
formulas for reserves authorized by this section must be based on a separate analysis of each of the
required assets or a pooled analysis of two or more of the required assets.
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6.4 Assessments. Regular annual Assessments based on the adopted budget shall be paid either monthly,
or quarterly,as determined by the Board of Directors. Failure to send or receive notice of Assessments shall
not excuse the obligation to pay. If an annual budget has not been adopted at the time the first installment
for a fiscal year is due, it shall be presumed that the amount of such installment is the same as the last
installment and shall be continued at such rate until a budget is adopted and pro rata Assessments are
calculated, at which time any overage or shortage shall be added or subtracted from each unit's next due
installment.
6.5 Special Assessments. Special Assessments may be imposed by the Board of Directors when
necessary to meet unusual, unexpected, unbudgeted, or non-recurring expenses. A Special Assessment is
due on the day specified in the resolution of the Board of Directors approving such Special Assessment.
Prior to the Turnover Date, the Board of Directors may not levy a Special Assessment unless a majority of
the Owners other than the Developer has approved the Special Assessment by a majority vote at a duly
called Special Members' meeting at which a quorum is present. On and subsequent to the Turnover Date, a
Special Assessment shall not be levied unless it is first approved by two-thirds (2/3) of the Voting Interests
who are obligated to pay the special Assessment, except that membership approval shall not be required for
a Special Assessment that relates to the necessary maintenance, repair, insurance or replacement of
Common Area, or if the special Assessment is required for the Board of Directors to comply with any law,
regulation or order of any municipal, state or federal agency. Written notice of any meeting at which a
Special Assessment will be considered must be mailed, delivered, or electronically transmitted(to the extent
permitted by law) to the Members and posted conspicuously in the Community or broadcast on closed-
circuit television not less than fourteen (14) days before the meeting. The notice must include a statement
that a Special Assessment will be considered at the meeting.
6.6 Fidelity Bonds. The Association shall maintain insurance or a fidelity bond for all persons who
control or disburse Association funds. The insurance policy or fidelity bond must cover the maximum funds
that will be in the custody of the Association or its management agent at any one time. As used in this
Section 6.6, the term "persons who control or disburse Association funds" includes, but is not limited to,
persons who are authorized to sign checks on behalf of the Association, and the President, Secretary and
Treasurer. The Association shall bear the cost of any insurance or bond.
6.7 Financial Reporting. Within ninety (90) days after the end of the fiscal year, the Association shall
prepare and complete, or contract with a third party for the preparation and completion of, a financial
report for the preceding fiscal year. Within twenty-one(21) days after the final report is completed by the
Association or received from the third party, but not later than one hundred twenty (120) days after the
end of the fiscal year, the Association shall mail or hand deliver to each Member a copy of such report or
a written notice that a copy of the report is available upon request at no charge to the Member. The
financial report shall be prepared in accordance with Section 720.303(7) of the Act. If approved by a
majority of the Voting Interests present at a properly called members' meeting, the Association shall
prepare or cause to be prepared a financial report that is less rigorous than otherwise required by the Act.
If approved by a majority of the Voting Interests, the Association shall prepare or cause to be prepared a
financial report that is more rigorous than otherwise required by the Act.
6.8 Fiscal Year. The fiscal year shall be the calendar year, unless modified by the Board of Directors.
7. RULES AND REGULATIONS: USE RESTRICTIONS: The Board of Directors may, from time to
time, adopt and amend Rules and Regulations subject to any limits contained in the Declaration. Written
notice of any meeting at which the Rules and Regulations that regulate the use of Parcels may be adopted,
amended, or revoked must be mailed, delivered, or electronically transmitted (to the extent permitted by
law) to the Members and posted conspicuously in the Community or broadcast on closed-circuit television
not less than fourteen (14) days before the meeting. A written notice concerning changes to Rules and
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Regulations that regulate the use of Parcels must include a statement that changes to the Rules and
Regulations regarding the use of Parcels will be considered at the meeting. Copies of such Rules and
Regulations shall be furnished to each Owner. Any Rules and Regulations must be reasonably related to the
promotion of health, happiness and peace of mind of the Owners and uniformly applied and enforced.
Subsequent to the Turnover Date, and as long as the Developer owns a Parcel or other property in the
Community, no new or amended Rule or Regulation shall be effective unless the Developer grants its
approval in writing,which approval may be denied in the Developer's discretion.
A proposal to amend the Rules and Regulations must contain the full text of the provision to be amended
and may not be revised or amended by reference solely to the title or number. Proposed new language
must be underlined, and proposed deleted language must be stricken. If the proposed change is so
extensive that underlining and striking through language would hinder, rather than assist, the
understanding of the proposed amendment, a notation must be inserted immediately preceding the
proposed amendment in substantially the following form: "Substantial rewording. See governing
documents for current text." An amendment to the Rules and Regulations is effective when recorded in
the Public Records of Collier County, Florida. An immaterial error or omission in the amendment
process does not invalidate an otherwise properly adopted amendment.
8. COMPLIANCE AND DEFAULT: REMEDIES: In addition to the remedies provided elsewhere in the
Declaration,the following provisions shall apply:
8.1 Obligations Of Members; Remedies At Law Or In Equity; Levy of Fines and Suspension Of Use
Rights.
(A) Each Member and the Member's Tenants, Guests and invitees, are governed by, and must
comply with the Act and the Governing Documents. Actions at law or in equity, or both, to redress the
alleged failure or refusal to comply with the Governing Documents may be brought by the Association or by
any Member against:
(1) The Association;
(2) A Member;
(3) Any Director or officer who willfully and knowingly fails to comply with the
provisions of the Act and the Governing Documents; and
(4) Any Tenants, Guests, or invitees occupying a Parcel or using the Common Area.
The prevailing party in any such litigation is entitled to recover reasonable attorney's fees and costs. This
section does not deprive any person of any other available right or remedy. Certain disputes must be
submitted to dispute resolution procedures conducted by the Division of Florida Land Sales, Condominiums
and Mobile Homes("Division")as more particularly set forth in Section 720.311 of the Act.
(B) The Association may levy reasonable fines against any Member or any Member's Tenant,
Guest or invitee for the failure of the Owner of a Parcel or its occupant, licensee, or invitee to comply with
any provision of the Governing Documents. The fine shall be in an amount deemed necessary by the Board
of Directors to deter future violations, but in no event shall any fine exceed the maximum amounts allowed
by law. Fines shall not be secured by a lien against a Parcel unless permitted by the Act.
(C) The Association may suspend, for a reasonable amount of time, the right of a Member, or a
Member's Tenant, Guest or invitee, to use the Common Area and facilities, for the failure of the Owner of
the Parcel or its occupant, licensee or invitee to comply with any provision of the Governing Documents.
The foregoing does not apply to that portion of the Common Area used to provide access or utility services
to the Parcel. A suspension may not prohibit the right of an Owner or Tenant of a Parcel from having
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1 6A10
vehicular and pedestrian ingress to and egress from the Parcel, including, but not limited to, the right to
park. The Association may deactivate an Owner's gate transponder or other entry mechanism (if the
Community is gated)and require that the Owner, his Family members, Tenants and Guests gain entry to the
Community through a guest entrance.
(D) A fine or suspension pursuant to (B) and(C) above levied by the Board of Directors may not
be imposed unless the Board of Directors first provides at least fourteen(14) days' notice to the Owner and,
if applicable, any occupant, licensee, or invitee of the Owner, sought to be fined or suspended and an
opportunity for a hearing before a committee of at least three Members appointed by the Board of Directors
who are not officers, Directors, or employees of the Association, or the spouse, parent, child, brother or
sister of an officer, Director or employee. If the committee, by majority vote, does not approve a proposed
fine or suspension, the proposed fine or suspension may not be imposed. The role of the committee is
limited to determining whether to confirm or reject the fine or suspension levied by the Board of Directors.
If the proposed fine or suspension levied by the Board of Directors is approved by the committee, the fine
payment is due five(5)days after the date of the committee meeting at which the fine is approved.
(E) If a Member is more than ninety (90) days delinquent in paying any fee, fine or other
monetary obligation due to the Association, the Association may suspend the rights of the Member, or the
Member's Tenant, Guest, or invitee, to use the Common Area and facilities until the fee, fine or other
monetary obligation is paid in full. The foregoing does not apply to that portion of the Common Area used
to provide access or utility services to the Parcel. A suspension may not prohibit an Owner or Tenant of a
Parcel from having vehicular and pedestrian ingress to and egress from the Parcel, including, but not limited
to,the right to park. The Association may deactivate an Owner's gate transponder or other entry mechanism
(if the Community is gated)and require that the Owner,his Family members,Tenants and Guests gain entry
to the Community through a guest entrance. The notice and hearing requirements under subsection (D)
above do not apply to a suspension imposed under this subsection(E).
(F) The Association may suspend the voting rights of a Parcel or Member for the nonpayment of
any monetary obligation due to the Association that is more than ninety (90) days delinquent. The
suspension ends upon full payment of all obligations currently due or overdue the Association. A Voting
Interest or consent right allocated to a Parcel or Member which has been suspended by the Association
shall be subtracted from the total number of Voting Interests in the Association, which shall be reduced
by the number of suspended Voting Interests when calculating the total percentage or number of all
Voting Interests available to take or approve any action, and the suspended Voting Interests shall not be
considered for any purpose, including but not limited to, the percentage or number of Voting Interests
necessary to constitute a quorum, the percentage or number of Voting Interests required to conduct an
election, or the percentage or number of Voting Interests required to approve an action under the Act or
pursuant to the Governing Documents. The notice and hearing requirements under subsection(D)above do
not apply to a suspension imposed under this subsection(F).
(G) All suspensions imposed pursuant to subsections (E) and (F) above must be approved at a
properly noticed meeting of the Board of Directors. Upon approval, the Association must notify the
Owner, and, if applicable,the Parcel's occupant, licensee or invitee by mail or hand-delivery.
(H) The suspensions permitted by subsections (C), (E) and (F) above apply to a Member and,
when appropriate, the Member's Tenants, Guests or invitees, even if the delinquency or failure that
resulted in the suspension arose from less than all of the multiple Parcels owned by such Member.
8.2 Availability of Remedies. Each Member, for himself, his heirs, successors and assigns, agrees
to the foregoing provisions relating to default and abatement of violations regardless of the harshness of the
remedy utilized by the Association and regardless of the availability of other legal remedies. It is the intent
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4848-2457-1321,v.3
1 6A10
of all Members to give the Association methods and procedures which will enable it to operate on a
businesslike basis,to collect those monies due it and to preserve the majority's right to enjoy the Community
free from unreasonable restraint and annoyance.
9. AMENDMENT OF BYLAWS: Amendments to these Bylaws shall be proposed and adopted in the
following manner:
9.1 Proposal. Subsequent to the Turnover Date, amendments to these Bylaws may be proposed by the
Board of Directors or by a written petition to the Board of Directors, signed by at least one-third(1/3)of the
Voting Interests.
9.2 Procedure. Upon any amendment or amendments to these Bylaws being proposed by the Board of
Directors or the Members, such proposed amendment or amendments shall be submitted to a vote of the
Members not later than the next annual meeting for which proper notice can still be given. A proposal to
amend these Bylaws must contain the full text of the provision to be amended and may not be revised or
amended by reference solely to the title or number. Proposed new language must be underlined, and
proposed deleted language must be stricken. If the proposed change is so extensive that underlining and
striking through language would hinder, rather than assist, the understanding of the proposed amendment,
a notation must be inserted immediately preceding the proposed amendment in substantially the following
form: "Substantial rewording. See governing documents for current text." An immaterial error or
omission in the amendment process does not invalidate an otherwise properly adopted amendment.
9.3 Vote Required. Prior to the Turnover Date, amendments shall be adopted by the Developer. On and
subsequent to the Turnover Date, a proposed amendment to these Bylaws shall be adopted if it is approved
by at least two-thirds (2/3) of the Voting Interests at any Annual or Special meeting, provided that notice of
the proposed amendment has been given to the Members in accordance with law. As long as the Developer
owns a Parcel or other property in the Community, an amendment to these Bylaws shall not be effective
without the prior written consent of the Developer, which consent may be denied in the Developer's
discretion, provided, further, that regardless of whether the Developer owns a Parcel or other property in the
Community, no amendment shall be effective if it affects the Developer's rights or alters a provision herein
made for the Developer's benefit.
9.4 Certificate; Recording. A copy of each adopted amendment shall be attached to a certificate that the
amendment was duly adopted as an amendment to the Bylaws, which certificate shall be in the form
required by law and shall be executed by the President or Vice-President with the formalities of a deed. The
amendment shall be effective when the certificate and copy of the amendment are recorded in the Public
Records of Collier County,Florida.
10. MISCELLANEOUS:
10.1 Gender. Whenever the masculine or singular form of a pronoun is used in these Bylaws, it shall be
construed to mean the masculine, feminine or neuter; singular or plural, as the context requires.
10.2 Severability. Should any portion hereof be void or become unenforceable,the remaining provisions
of the instrument shall remain in full force and effect.
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The foregoing were adopted as the first Bylaws of Ardena Homeowners Association, Inc. on this
2/ ay of L(P.YJ ,/ ,2020.
-a-02 '/4‹,14
Laura Ray,Secretary /
•
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4848-2457-1321,v.3 •
1 6A10
South Florida Water Management District
Individual Environmental Resource Permit No. 11-100762-P
Date Issued: July 2, 2020
ray
Permittee: Argo Livingston, Lp EXHIBIT "
21141 Bella Terra Blvd
Estero, FL 33928
Project: Argo Livingston
Application No. 200330-3116
Location: Collier County, See Exhibit 1
Your application for an Individual Environmental Resource Permit is approved. This action is taken based
on Chapter 373, Part IV, of Florida Statutes (F.S.) and the rules in Chapter 62-330, Florida Administrative
Code (F.A.C.). Unless otherwise stated, this permit constitutes certification of compliance with state water
quality standards under section 401 of the Clean Water Act, 33 U.S.C. 1341, and a finding of consistency
with the Florida Coastal Management Program. Please read this entire agency action thoroughly and
understand its contents.
This permit is subject to:
. Not receiving a filed request for a Chapter 120, F.S., administrative hearing.
. The attached General Conditions for Environmental Resource Permits.
. The attached Special Conditions.
. All referenced Exhibits.
All documents are available online through the District's ePermitting site at www.sfwmd.gov/ePermitting.
If you object to these conditions, please refer to the attached "Notice of Rights" which addresses the
procedures to be followed if you desire a public hearing or other review of the proposed agency action.
Please contact this office if you have any questions concerning this matter. If we do not hear from you in
accordance with the "Notice of Rights", we will assume that you concur with the Districts action.
The District does not publish notices of action. If you wish to limit the time within which a person may
request an administrative hearing regarding this action, you are encouraged to publish, at your own
expense, a notice of agency action in the legal advertisement section of a newspaper of general circulation
in the county or counties where the activity will occur. Legal requirements and instructions for publishing a
notice of agency action, as well as a noticing format that can be used, are available upon request. If you
publish a notice of agency action, please send a copy of the affidavit of publication provided by the
newspaper to the District's West Palm Beach office for retention in this file.
If you have any questions regarding your permit or need any other information, please call us at
1-800-432-2045 or email ERP aC ..sfwmd.gov.
Melissa M. Roberts, P.E.
Administrator, Environmental Resource Bureau
1 6A10
South Florida Water Management District
Individual Environmental Resource Permit No. 11-100762-P
Date Issued: July 2, 2020 Expiration Date: July 2, 2025
Project Name: Argo Livingston
Permittee: Argo Livingston, Lp
21141 Bella Terra Blvd
Estero, FL 33928
Operating Entity: Enclave Livingston Master Association, Inc.
Location: Collier County
Permit Acres: 40.55 acres
Project Land Use: Residential
Special Drainage District: N/A
Water Body Classification: CLASS III
FDEP Water Body ID: 3278D
Wetland and Surface Water Impacts: 2.14 acres
Conservation Easement to District: Yes
Sovereign Submerged Lands: No
Project Summary
This Environmental Resource Permit authorizes Construction and Operation of a stormwater
management (SWM) system serving 30.29 acres, part of the 40.55 acre residential development
known as Argo Livingston (FKA Enclave Livingston).
The proposed project is a single family residential development with internal roads, associated
infrastructure, and a SWM system.
Issuance of this permit constitutes certification of compliance with state water quality standards in
accordance with Rule 62-330.062, F.A.C.
Site Description
The site is located on the west side of Livingston Road about 1/2 mile south of Veterans Memorial
Boulevard, in Collier County, Florida. Refer to Exhibit 1.0 for a location map.
There are no permitted SWM facilities within the project site. The site is vacant land and consists
mainly of pine flatwoods, with cypress/pine forested wetland areas in the western and southern
portion of the site.
For information on wetland and surface water impacts, please see the Wetlands and Other
Surface Water section of this permit.
Permit No: 11-100762-P, Page 2 of 21
1 6A10
Current Authorization (Application No. 200330-3116)
The proposed project will remain single-family residential development. The proposed SWM
system will include one lake. The proposed site plan changes will result in fewer residential lots
(77 lots), increasing the lake area by 1.39 acres, and reducing the impervious area by 2.58 acres.
The proposed control structure has been updated, the minimum road crown elevation has been
lowered and the finished floor elevation has been raised. Site plans and details are attached as
Exhibit No. 2.0.
Permit Modification History
The project site was originally permitted under Application No. 180329-427 for a single family
residential development with 112 units.
Background
Permit No. 11-103462-P / Application No. 200514-3447 authorizes offsite improvements
associated with the subject project. The offsite improvements consists of a right turn lane and
entrance within the Livingston Road Right-of-Way (ROW). The Argo Livingston's SWM system
was designed with capacity to provide compensating water quality treatment volume for the 0.50-
acre increase in impervious area within the ROW.
Ownership, Operation and Maintenance
Perpetual operation and maintenance of the SWM system and preserve areas is the responsibility
of Enclave Livingston Master Association, Inc., as indicated in the submitted draft governing
documents. Upon completion of construction and in conjunction with submittal of the construction
completion certification, a request for transfer to the operating entity and recorded copies of its
governing documents must be submitted in accordance with General Condition No. 7.
Engineering Evaluation:
Land Use
Refer to the Land Use tables below. The Preserved land use category is located outside the
controlled basin area of 30.29 acres.
Water Quality
Water quality treatment is provided in a wet detention lake. The project provides the required
water quality treatment volume of 3.94 ac-ft. based on one inch over the controlled basin area,
plus compensatory water quality treatment volume for the proposed offsite improvements.
Pursuant to Appendix E of Environmental Resource Permit Applicant's Handbook Volume II, the
provided water quality treatment includes an additional 50% treatment volume above the
requirements in Section 4.2 of Volume II as reasonable assurance that the project will not have an
adverse impact on the downstream waterbody.
The project is located within the watershed of FDEP WBID No. 3278D; the Cocohatchee (Inland
Segment) is identified as impaired for Dissolved Oxygen.
In addition to the required water quality treatment volume, the applicant provided site specific
pollutant loading calculations demonstrating that the SWM system reduces the post development
loading of pollutants to levels less than the loadings generated under the pre-development
condition. The pollutant loading calculations are based upon the removal characteristics
associated with the system.
The project includes implementation of a Construction Pollution Prevention Plan (Exhibit 2.1) and
an Urban Stormwater Management Program (Exhibit 2.2) as additional reasonable assurance of
compliance with water quality criteria during construction and operation.
Permit No: 11-100762-P, Page 3 of 21
1 6 A10
Water Quantity
Discharge
As found in Water Quantity Data Table the project discharge is within the allowable limit for the
area, 0.12 cfs/acre.
Road Design
As found in Water Quantity Data Table, minimum road center line elevations have been set at or
above the calculated design storm flood elevation.
Perimeter Berm
As found in Water Quantity Data Table, minimum perimeter berm elevation has been set at or
above the calculated design storm flood elevation.
Finished Floors
As found in Water Quantity Data Table, minimum finished floor elevations have been set at or
above the calculated design storm flood elevation.
Flood Plain/Compensating Storage
According to FEMA FIRM number 12021C0192H dated May 16, 2012, the project lies within
FEMA Zone AH between elevations 11.5 to 12-ft NAVD. The applicant submitted an analysis
demonstrating that the proposed project will not cause adverse impacts to the floodplain;
therefore, compensating storage of surface water is not required under post development
conditions.
Certification, Operation, and Maintenance
Pursuant to Chapter 62-330.310, F.A.C., Individual Permits will not be converted from the
construction phase to the operation phase until construction completion certification of the project
is submitted to and accepted by the District. This includes compliance with all permit conditions,
except for any long term maintenance and monitoring requirements. It is suggested that the
permittee retain the services of an appropriate professional registered in the State of Florida for
periodic observation of construction of the project.
For projects permitted with an operating entity that is different from the permittee, it should be
noted that until the construction completion certification is accepted by the District and the permit
is transferred to an acceptable operating entity pursuant to Sections 12.1-12.3 of the Applicant's
Handbook Volume I and Section 62-330.310, F.A.C., the permittee is liable for operation and
maintenance in compliance with the terms and conditions of this permit.
In accordance with Section 373.416(2), F.S., unless revoked or abandoned, all SWM systems and
works permitted under Part IV of Chapter 373, F.S., must be operated and maintained in
perpetuity.
The efficiency of SWM systems, dams, impoundments, and most other project components will
decrease over time without periodic maintenance. The operation and maintenance entity must
perform periodic inspections to identify if there are any deficiencies in structural integrity,
degradation due to insufficient maintenance, or improper operation of projects that may endanger
public health, safety, or welfare, or the water resources. If deficiencies are found, the operation
and maintenance entity is responsible for correcting the deficiencies in a timely manner to prevent
compromises to flood protection and water quality. See Section 12.4 of the Applicant's Handbook
Volume I for Minimum Operation and Maintenance Standards.
Permit No: 11-100762-P, Page 4 of 21
1 6A10
Engineering Evaluation Tables:
Land Use
Basin Land %of Total
Area(ac)
Type Basin
,Building Coverage 6.00 I 19.81
'Impervious I 6.37 21.03
On-site Lake I 5.29 I 17.46
Pervious I 12.63 '41.70
Total: I 30.29 I 100%
Preserved I 10.26 I 100.00
i Off-site
Total: I 10.26 ;100%
Water Quality
Treatment Treatment Volume Volume
Basin Required Provided
Type System
(ac-ft) (ac-ft)
On-site !Treatment WET DETENTION I 3.94 3.94
Water Quantity
Basin Elevation Event Precipitation Peak Stage(ft Min.EL(ft Peak Allowable
Discharge ; Discharge Rate
Type Depth(in) NAVD88) NAVD88) , g g
(Yr/Day) ' Rate(cfs) ; (cfs)
Finished Floor;100Y3D 113.90 15.49 116.20 N/A I N/A
Perimeter 1
On- Berm/ 125YR3D 11.30 !14.55 15.00 13.63 13.63
site Discharge
t
Road Crown i 25YR3D 111.30 14.55 I 15.00 N/A I N/A
Parking Lot 125YR3D 11.30 14.55 115.00 j N/A N/A
Bleeder
Basin I Control EL(ft ! Structure 1 Structure Count' Type Width Height 1 Invert EL(ft Receiving
I NAVD88) 1 # Type (in) , (in) 1 NAVD88) I Body
sOite 111.28 CS-1 !Discharge 1 Rectangular i 7.32 3.96 111.28 Preserve
�.__...... Orifice
Inlets
Structure Structure Length Width I Crest EL(ft Receiving
Basin # Count+ T e
__ -.__.__ TYpe (in) (in) I NAVD88) I Body
On- FDOT MOD D DROP j
site CS-1 ;Discharge '2 1 INLET 49.0 37.0 14.53 I Preserve
Weir
Basin . Structure Structure Type Count Type ! E Receiving
yp Length(in).Width(in) :Crest EL(ft NAVD88)1 Body
On CS-1 Water Quality 11 ;Rectangular !
site 10.44 ;3.96 112.03 E Preserve
Culvert
Basin I Structure# I Structure Type Count Dia.(in) I Length(ft) Material r Receiving Body
On-site I CS-1 1Discharge 11 24 00 i 350.0 1Reinforced Concrete Pipe Preserve
Permit No: 11-100762-P, Page 5 of 21
16A10
Environmental Evaluation:
Wetlands and Other Surface Waters
The project site contains wetlands totaling 9.22 acres. Please see Exhibit 3.0 for a FLUCFCS
map. The wetlands can generally be described as freshwater forested cypress, pine and cabbage
palm with varying degrees of exotic invasion (25-49%). Onsite wetlands extend offsite, limited to a
small area along the western and northern property boundary of the site. Additional wetland
descriptions are available in the ePermitting file. The uplands found onsite can be described as
pine flatwoods with exotic invasion that varies from 25-100% (E1-E4). The project will result
in 2.14 acres of direct wetland impacts and 0.79 acres of secondary impacts, as described in the
table below. Exhibit 3.1 identifies the locations of the wetlands being directly and secondarily
impacted. The site plan was modified several times in an effort to reduce the amount of impacts.
To mitigate for the wetland impacts, the applicant is purchasing 1.13 freshwater forested mitigation
bank credits from Panther Island Mitigation Bank, as depicted in Exhibit 3.5. The amount of
required mitigation was determined using the Uniform Mitigation Assessment Method in Chapter
62-345, F.A.C. The final scores can be found in the ePermitting file. Furthermore, the applicant is
placing a 10.26 acre wetland/upland preserve area into a conservation easement. The preserve
area will consist of 7.08 acres of wetlands and 3.18 acres of upland preserve and buffer. The 0.79
acres of secondarily impacted wetlands are also within the conservation easement. The area will
be maintained and enhanced per the Wetland Monitoring and Maintenance Plan depicted in
Exhibit 3.3. The hydrology of the preserve area will be maintained by the discharge of treated
water from the project's stormwater managment system. Please note that the onsite preserve is to
address reduction/elimination and secondary/cumulative impacts, not mitigation.
The proposed mitigation (credits from Panther Island Mitigation Bank) is located within the same
basin as the impacts, therefore pursuant to Section 10.2.8 of Volume I, the project will not result in
unacceptable cumulative impacts to the West Collier Drainage Basin.
There are no additional wetland or other surface water impacts under the current application.
Fish, Wildlife, and Listed Species
The wetlands to be impacted provide habitat for wetland-dependent species including Big Cypress
Fox Squirrel and Florida Black Bear. The proposed mitigation will provide or improve habitat for
wetland-dependent and aquatic species. A listed species survey was conducted in February of
2018. No aquatic or wetland-dependent listed species or species having special protection were
observed to be using the uplands within the project for nesting or denning. Submitted information
indicates that potential use of the site by such species is minimal.
The Florida Fish and Wildlife Conservation Commission provided recommendations regarding the
fox squirrel and black bear. Pease see Exhibit 3.2 for the management plans for these species
and A Guide to Living in Bear Country. Special conditions are included to address these
recommendations.
This permit does not relieve the applicant from complying with all applicable rules and any other
agencies' requirements if, in the future, endangered or threatened species or species of special
concern are discovered on the site.
Monitoring and Maintenance
Monitoring will be conducted by the permittee for a period of five consecutive years or until District
staff determines that the enhancement/preservation success has been achieved. Exhibits 3.3
describes the monitoring methodology, locations, and maintenance activities. Monitoring includes
vegetative cover, hydrologic conditions and success of the enhancement, as well as wildlife usage
and recommendations for maintenance work. Maintenance criteria are found in the special
conditions and Exhibit 3.3, and indicate that the exotic and nuisance vegetation coverage will not
get any worse than baseline conditions. Annual reports shall be submitted to the District in
Permit No: 11-100762-P, Page 6 of 21
accordance with the work schedule. Maintenance will be conducted in perpetuity by the permittej. 6 A 1 0
Permit No: 11-100762-P, Page 7 of 21
16A10
Environmental Evaluation Tables:
Summary
Wetlands and Other Surface Waters: 9.22 acres
Direct Impacts: 2.14 acres
Secondary impacts: 0.79 acres
Net UMAM Functional Loss/Gain: 0 units
Total Onsite Mitigation Area: 0 acres
Total Offsite Mitigation Area: 0 acres
Total Mitigation Bank Credits Provided
Mitigation Bank Type Total Credits
Panther Island Expansion FF 1.13
Total: 1.13
Group 1
Activities in Wetlands or Other Surface Waters,Not Including Mitigation at a Bank
ID Acres Action Community Description Current Score With Project Score UMAM Loss
1 6.29 Preservation Cypress-Pine-Cabbage Palm 0.000
1 3.18 Preservation Pine Flatwoods 0.000
Total: 9.47 0.000
Activities in Wetlands or Other Surface Waters,With Mitigation at a Bank
ID Acres Community Description Bank Method Current With Ratio or Add'I Minimum Credits
Name Score Score factor Needed
1 2.14 Cypress-Pine-Cabbage UMAM 0.5 0 1 1.07
Palm
2 0 79 Cypress-Pine-Cabbage UMAM 0.07 0 1 0.06
Palm
Total: 2.93
Permit No: 11-100762-P, Page 8 of 21
16A10
Related Concerns:
Historical/Archeological Resources
The District received correspondence from the Florida Department of State, Division of Historical
Resources (DHR), dated April 19, 2018 (under Application No. 180329-427), indicating that no
significant archaeological or historical resources are recorded on the project site; therefore the
project is unlikely to have an effect upon any such resources.
However, as part of this current modification (Application No. 200330-3116), the District received
correspondence from DHR dated May 8, 2020, requesting an archaeological survey of the
portions of the project not previously surveyed. Prior to the commencement of construction, the
survey shall be completed and submitted to the DHR, and formal written concurrence from DHR
that historical/archaeological resources will not be adversely affected by this project are required.
Please refer to the special conditions.
This permit does not release the permittee from complying with any other agencies' requirements
in the event that historical and/or archaeological resources are found on the site
Water Use Permit Status
The applicant has indicated that surface water lake(s) and groundwater wells will be used as the
source for irrigation water for the project. Water Use application number 180516-10, Permit No.
11-03509-W, has been processed for this project.
The applicant has indicated that dewatering is required for construction of this project. Water Use
application 180516-4, Permit No. 11-03556-W, has been processed for this project.
This permit does not release the permittee from obtaining all necessary Water Use
authorization(s) prior to the commencement of activities which will require such authorization,
including construction dewatering and irrigation.
Water and Wastewater Service
Collier County Utilities
Permit No: 11-100762-P, Page 9 of 21
General Conditions for Individual Environmental Resource Permits, 62-330.350, F.A.C. 1 6 A 1 0
1. All activities shall be implemented following the plans, specifications and performance criteria
approved by this permit. Any deviations must be authorized in a permit modification in
accordance with rule 62-330.315, F.A.C. Any deviations that are not so authorized may subject
the permittee to enforcement action and revocation of the permit under Chapter 373, F.S.
2. A complete copy of this permit shall be kept at the work site of the permitted activity during the
construction phase, and shall be available for review at the work site upon request by the
Agency staff. The permittee shall require the contractor to review the complete permit prior to
beginning construction.
3. Activities shall be conducted in a manner that does not cause or contribute to violations of state
water quality standards. Performance-based erosion and sediment control best management
practices shall be installed immediately prior to, and be maintained during and after construction
as needed, to prevent adverse impacts to the water resources and adjacent lands. Such
practices shall be in accordance with the State of Florida Erosion and Sediment Control
Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida
Department of Transportation, June 2007), and the Florida Stormwater Erosion and
Sedimentation Control Inspector's Manual (Florida Department of Environmental Protection,
Nonpoint Source Management Section, Tallahassee, Florida, July 2008), which are both
incorporated by reference in subparagraph 62-330.050(9)(b)5., F.A.C., unless a project-specific
erosion and sediment control plan is approved or other water quality control measures are
required as part of the permit.
4. At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the
Agency a fully executed Form 62-330.350(1), "Construction Commencement Notice," (October
1, 2013), (http://www.flrules.org/Gateway/reference.asp?No=Ref-02505), incorporated by
reference herein, indicating the expected start and completion dates. A copy of this form may be
obtained from the Agency, as described in subsection 62-330.010(5), F.A.C., and shall be
submitted electronically or by mail to the Agency. However, for activities involving more than
one acre of construction that also require a NPDES stormwater construction general permit,
submittal of the Notice of Intent to Use Generic Permit for Stormwater Discharge from Large
and Small Construction Activities, DEP Form 62-621.300(4)(b), shall also serve as notice of
commencement of construction under this chapter and, in such a case, submittal of Form
62-330.350(1) is not required.
5. Unless the permit is transferred under rule 62-330.340, F.A.C., or transferred to an operating
entity under rule 62-330.310, F.A.C., the permittee is liable to comply with the plans, terms, and
conditions of the permit for the life of the project or activity.
6. Within 30 days after completing construction of the entire project, or any independent portion of
the project, the permittee shall provide the following to the Agency, as applicable:
a. For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex-
"Construction Completion and Inspection Certification for Activities Associated With a Private
Single-Family Dwelling Unit"[Form 62-330.310(3)]; or
b. For all other activities- "As-Built Certification and Request for Conversion to Operational
Phase" [Form 62-330.310(1)].
c. If available, an Agency website that fulfills this certification requirement may be used in lieu of
the form.
7. If the final operation and maintenance entity is a third party:
a. Prior to sales of any lot or unit served by the activity and within one year of permit issuance,
or within 30 days of as-built certification, whichever comes first, the permittee shall submit, as
Permit No: 11-100762-P, Page 10 of 21
1 6A10
applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.4
of Volume I) as filed with the Florida Department of State, Division of Corporations, and a copy
of any easement, plat, or deed restriction needed to operate or maintain the project, as recorded
with the Clerk of the Court in the County in which the activity is located.
b. Within 30 days of submittal of the as-built certification, the permittee shall submit "Request
for Transfer of Environmental Resource Permit to the Perpetual Operation and Maintenance
Entity" [Form 62-330.310(2)] to transfer the permit to the operation and maintenance entity,
along with the documentation requested in the form. If available, an Agency website that fulfills
this transfer requirement may be used in lieu of the form.
8. The permittee shall notify the Agency in writing of changes required by any other regulatory
agency that require changes to the permitted activity, and any required modification of this
permit must be obtained prior to implementing the changes.
9. This permit does not:
a. Convey to the permittee any property rights or privileges, or any other rights or privileges
other than those specified herein or in Chapter 62-330, F.A.C.;
b. Convey to the permittee or create in the permittee any interest in real property;
c. Relieve the permittee from the need to obtain and comply with any other required federal,
state, and local authorization, law, rule, or ordinance; or
d. Authorize any entrance upon or work on property that is not owned, held in easement, or
controlled by the permittee.
10. Prior to conducting any activities on state-owned submerged lands or other lands of the state,
title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the
permittee must receive all necessary approvals and authorizations under Chapters 253 and
258, F.S. Written authorization that requires formal execution by the Board of Trustees of the
Internal Improvement Trust Fund shall not be considered received until it has been fully
executed.
11. The permittee shall hold and save the Agency harmless from any and all damages, claims, or
liabilities that may arise by reason of the construction, alteration, operation, maintenance,
removal, abandonment or use of any project authorized by the permit.
12. The permittee shall notify the Agency in writing:
a. Immediately if any previously submitted information is discovered to be inaccurate; and
b. Within 30 days of any conveyance or division of ownership or control of the property or the
system, other than conveyance via a long-term lease, and the new owner shall request transfer
of the permit in accordance with Rule 62-330.340, F.A.C. This does not apply to the sale of lots
or units in residential or commercial subdivisions or condominiums where the stormwater
management system has been completed and converted to the operation phase.
13. Upon reasonable notice to the permittee, Agency staff with proper identification shall have
permission to enter, inspect, sample and test the project or activities to ensure conformity with
the plans and specifications authorized in the permit.
14. If prehistoric or historic artifacts, such as pottery or ceramics, projectile points, stone tools,
dugout canoes, metal implements, historic building materials, or any other physical remains
that could be associated with Native American, early European, or American settlement are
encountered at any time within the project site area, the permitted project shall cease all
activities involving subsurface disturbance in the vicinity of the discovery. The permittee or
other designee shall contact the Florida Department of State, Division of Historical Resources,
Compliance Review Section (DHR), at (850)245-6333, as well as the appropriate permitting
agency office. Project activities shall not resume without verbal or written authorization from
Permit No: 11-100762-P, Page 11 of 21
the Division of Historical Resources. If unmarked human remains are encountered, all wol 6 A 1 0
shall stop immediately and the proper authorities notified in accordance with section 872.05,
F.S. For project activities subject to prior consultation with the DHR and as an alternative to the
above requirements, the permittee may follow procedures for unanticipated discoveries as set
forth within a cultural resources assessment survey determined complete and sufficient by
DHR and included as a specific permit condition herein.
15. Any delineation of the extent of a wetland or other surface water submitted as part of the
permit application, including plans or other supporting documentation, shall not be considered
binding unless a specific condition of this permit or a formal determination under Rule
62-330.201, F.A.C., provides otherwise.
16. The permittee shall provide routine maintenance of all components of the stormwater
management system to remove trapped sediments and debris. Removed materials shall be
disposed of in a landfill or other uplands in a manner that does not require a permit under
Chapter 62-330, F.A.C., or cause violations of state water quality standards.
17. This permit is issued based on the applicant's submitted information that reasonably
demonstrates that adverse water resource-related impacts will not be caused by the completed
permit activity. If any adverse impacts result, the Agency will require the permittee to eliminate
the cause, obtain any necessary permit modification, and take any necessary corrective
actions to resolve the adverse impacts.
18. A Recorded Notice of Environmental Resource Permit may be recorded in the county public
records in accordance with Rule 62-330.090(7), F.A.C. Such notice is not an encumbrance
upon the property.
Permit No: 11-100762-P, Page 12 of 21
16A1r'
Special Conditions for Individual Environmental Resource Permits, 62-330.350, F.A.C.
1.The construction authorization for this permit shall expire on the date shown on page 2.
2.Operation and maintenance of the SWM system and onsite preserve areas shall be the
responsibility of Enclave Livingston Master Association, Inc. Upon completion of construction
and in conjunction with submittal of the as-built certification, a request for transfer to the
operating entity with supporting documentation must be submitted in accordance with General
Condition No. 7.
3.Lake side slopes shall be no steeper than 4:1 (horizontal:vertical) to a depth of two feet below
the control elevation. Side slopes shall be nurtured or planted from 2 feet below to 1 foot above
control elevation to insure vegetative growth, unless shown on the plans.
4.A stable, permanent and accessible elevation reference shall be established on or within one
hundred (100) feet of all permitted discharge structures no later than the submission of the
certification report. The location of the elevation reference must be noted on or with the
certification report.
5.Prior to any future construction, the permittee shall apply for and receive an Individual ERP. As
part of the permit application, the applicant for that phase shall provide documentation verifying
that the proposed construction is consistent with the design of the master stormwater
management system, including the land use and site grading assumptions.
6.Prior to initiating construction activities associated with this Environmental Resource Permit
(ERP), the permittee is required to hold a pre-construction meeting with field representatives,
consultants, contractors, District Environmental Resource Compliance (ERC) staff, and any other
local government entities as necessary. The purpose of the pre-construction meeting is to
discuss construction methods, sequencing, best management practices, identify work areas,
staking and roping of preserves where applicable, and to facilitate coordination and assistance
amongst relevant parties. To schedule a pre-construction meeting, please contact ERC staff
from the Fort Myers Service Center at (239) 338-2929 or via e-mail at: pre-con@sfwmd.gov.
When sending a request for a pre-construction meeting, please include the application number,
permit number, and contact name and phone number.
7.Prior to the commencement of construction, the perimeter of conservation areas shall be
staked/roped/fenced to prevent encroachment into the protected areas. Using Global Positioning
System (GPS) technology, the perimeter of the preserve area(s) shall be identified for future
reference. The data shall be differentially corrected and accurate to less than a meter (+/- one
meter or better). Electronic copies of the GPS data shall be provided to the District's
Environmental Resource Compliance staff in accordance with Exhibit No. 3.4. The permittee
shall notify the District's Environmental Resource Compliance staff in writing upon completion of
staking/roping/fencing and schedule an inspection of this work. The staking/roping/fencing shall
be subject to District staff approval. The permittee shall modify the staking/roping/fencing if
District staff determines that it is insufficient or is not in conformance with the intent of this permit.
staking/roping/fencing shall remain in place until all adjacent construction activities are complete.
Permit No: 11-100762-P, Page 13 of 21
8.Prior to commencement of construction, and in accordance with the work schedule herein, le 6 A 1 0
permittee shall submit documentation from Panther Island Mitigation Bank that 1.13
freshwater forested UMAM credits for this project have been paid for in full and deducted from
the Panther Island Mitigation Bank's ledger.
9.Activities associated with the implementation of the mitigation, monitoring and maintenance
plan(s) shall be completed in accordance with the Post Permit Compliance section of the staff
report. Any deviation from these time frames must be coordinated with the District's
Environmental Resource Compliance staff, and may require a minor modification to this permit.
Such requests must be made in writing and shall include (1) reason for the change, (2) proposed
start/finish and/or completion dates; and (3) progress report on the status of the project
development or mitigation effort.
10.An average 25' wide, minimum 15', buffer of undisturbed upland vegetation shall be maintained
between the proposed development and existing wetlands. Buffers shall be staked and roped
and District environmental staff notified for inspection prior to clearing.
11.A maintenance program shall be implemented in accordance with Exhibit No. 3.3 for the
preserved wetland/upland area on a regular basis to ensure the integrity and viability of those
areas as permitted. Maintenance shall be conducted in perpetuity to ensure that the
conservation areas are maintained free from Category 1 and 2 exotic vegetation (as defined by
the Florida Exotic Pest Plant Council) immediately following a maintenance activity.
Maintenance in perpetuity shall also insure that conservation areas, including buffers, maintain
the species and coverage of native, desirable vegetation specified in the permit. Coverage of
exotic and nuisance plant species shall not exceed baseline levels.
12.Permanent physical markers designating the preserve status of the wetland preservation areas
and buffer zones shall be placed at the intersection of the buffer and each lot line. These
markers shall be maintained in perpetuity.
13.Prior to construction, and in accordance with the work schedule herein, a baseline monitoring
report for shall be submitted as described in Exhibit 3.3.
14.A monitoring program shall be implemented in accordance with Exhibit No. 3.3. The monitoring
program shall extend for a period of 5 years with annual reports submitted to District staff. The
intent of the monitoring plan is to document that the condition of the preserve has been
maintained at baseline conditions or better.
15.A time zero monitoring report for Enclave Livingston shall be conducted in accordance with
Exhibit No. 3.3 for all preserved/enhanced wetlands and uplands. The plan shall include a
survey of the areal extent, acreage and cross-sectional elevations of the created/restored areas
and panoramic photographs for each habitat type. The report shall also include a description of
planted species, sizes, total number and densities of each plant species within each habitat
type as well as mulching methodology.
16.A monitoring and maintenance program for Enclave Livingston shall be implemented in
accordance with Exhibit No. 3.3. The permittee shall preserve and enhance 7.08 acres of
wetlands (including 0.79 ares of secondarily impacted wetlands), and 3.18 acres of upland
Permit No: 11-100762-P, Page 14 of 21
1 6A10
preserve (includes 0.67 acres of upland buffer and 2.51 acres of upland preserve)for a total
preserve area of 10.26 acres.
17.Silt screens, hay bales, turbidity screens/barriers or other such sediment control measures shall
be utilized during construction. The selected sediment control measure shall be installed
landward of the upland buffer zones around all protected wetlands and shall be properly
"trenched" etc. All areas shall be stabilized and vegetated immediately after construction to
prevent erosion into the wetlands and upland buffer zones.
18.Prior to commencement of construction and within 30 days of acquiring ownership of the
property, in accordance with the work schedule herein, the permittee shall submit the following
via ePermitting or to the Environmental Compliance staff at the local District office: -One
certified copy of the recorded conservation easement document including exhibits. -A CD or
DVD containing the easement data in a digital ESRI Geodatabase (mdb), ESRI Shapefile (shp)
or AutoCAD Drawing Interchange (dxf) file format using Florida State Plane coordinate system,
East Zone (3601), Datum NAD83, HARN with the map units in feet. -A map depicting the
Conservation Easement over the best available satellite or aerial imagery. -Form 1001 ERP
REG: Title, Possession, and Lien Affidavit, fully executed by the owner and notarized. This
Exhibit may not be modified and shall be substantial conformance with Exhibit 3.4.
The easement must be free of mortgages, liens, easements or other encumbrances or interests
in the easement which District staff states are contrary to the intent of the easement. In the
event it is later determined that there are encumbrances or interests in the easement which the
District determines are contrary to the intent of the easement, the permittee shall be required to
provide release or subordination of such encumbrances or interests.
19.The permittee shall comply with the provisions of the fox squirrel habitat management plan
approved for the project site in accordance with Exhibit No. 3.2. Prior to initiating construction
activities, the site shall be surveyed for the presence of active Big Cypress fox squirrel nests. A
125 foot radius undisturbed buffer must be maintained around all active nests. After
establishing the buffer, contact District Compliance Staff for an inspection. Following nesting
activities, the nesting tree may be removed following coordination with the Florida Fish and
Wildlife Conservation Commission and obtaining all required permits. Any modifications to this
program shall require prior written approval from District staff.
20.This permit does not authorize the permittee to cause any adverse impact to or"take" of state
listed species and other regulated species of fish and wildlife. Compliance with state laws
regulating the take of fish and wildlife is the responsibility of the owner or applicant associated
with this project. Please refer to Chapter 68A-27 of the Florida Administrative Code for
definitions of "take" and a list of fish and wildlife species. If listed species are observed onsite,
FWC staff are available to provide decision support information or assist in obtaining the
appropriate FWC permits. Most marine endangered and threatened species are statutorily
protected and a "take" permit cannot be issued. Requests for further information or review can
be sent to: FWCConservationPlanningServices@MyFWC.com.
The permittee shall implement the listed species management plans for the project as outlined
in Exhibit 3.2.
21.The permittee shall retain the services of a professional archaeologist and perform an
archaeological survey as requested in the May 8, 2020 letter from the Department of State,
Division of Historical Resources (DHR); see online permit file for a copy of this letter.
Permit No: 11-100762-P, Page 15 of 21
Prior to the commencement of construction, the survey shall be conducted and submitted tolthE6 A 1 0
District and the DHR, and formal written concurrence shall be submitted from DHR indicating
that this project will not adversely impact historical or archaeological resources.
If historical/archaeological artifacts are discovered, site alteration activities shall be postponed
until such time as the Florida Department of State, Division of Historical Resources grants
authorization to commence work.
Permit No: 11-100762-P, Page 16 of 21
1 6A10
Project Work Schedule for Permit No. 11-100762-P
The following activities are requirements of this Permit and shall be completed in accordance with the
Project Work Schedule below. Please refer to both General and Special Conditions for more information.
Any deviation from these time frames will require prior approval from the District's Environmental
Resources Bureau and may require a minor modification to this permit. Such requests must be made in
writing and shall include: (1) reason for the change, (2) proposed start/finish and/or completion dates, and
(3) progress report on the status of the project.
Condition 1 Date Description Due Date j Date
No. Added I Satisfied
y
GC 7 12/05/2018 :Submit Certification 30 Da s After Construction ComP letion
GC 8 12/05/2018 : y Submit Operation Enitity Within 30 days of Certification
Documentation
SC 3 12/05/2018T Submit Proof of Ownership �� 06/13/2020^ _ _ __ 06/13/2020
SC 6 07/02/2020 Survey Pre-Construction Meeting/Fox Squirrel Prior to Construction
SC 11 12/05/2018 Submit Mitigation Bank Ledger 08/01/2020
Documentation
i SC 16 12/05/2018 I Submit Baseline Monitoring Report 08/01/2020
SC 17 12/05/2018 'Submit Monitoring Reports 1 Within 365 Day of Time Zero,then Annually
i for 5 years
SC 17 ;Submit Monitoring Reports 2 1 year after previous submission
SC 17 Submit Monitoring Reports 3 1 year after previous submission
SC 17 I Submit Monitoring Reports 4 1 year after previous submission
SC 17 Submit Monitoring Reports 5 ;1 year after previous submission
SC 18 12/05/2018 :Submit Time Zero Report 30 Days After Mitigation Construction
Completion
SC 21 12/05/2018 Submit Recorded Conservation 08/01/2020
Easement
SC 21 07/02/2020 I Submit Archeological Survey 'Prior to Construction
GC=General Condition
SC=Special Condition
Permit No: 11-100762-P, Page 17 of 21
Distribution List 1 6 A 10
Enclave Livingston Master Association, Inc.
Michael J Delate, PE, Q Grady Minor&Associates, PE
Audubon of Florida - Charles Lee
Div of Recreation and Park- District 4
US Army Corps of Engineers - Permit Section
Permit No: 11-100762-P, Page 18 of 21
1 6A10
Exhibits
The following exhibits to this permit are incorporated by reference. The exhibits can be viewed by
clicking on the links below or by visiting the District's ePermitting website at
http://my.sfwmd.gov/ePermittinq and searching under this application number 200330-3116 .
Exhibit No. 1.0 Location Map
Exhibit No. 2.0 Plans
Exhibit No. 2.1 Construction Pollution Prevention Plan
Exhibit No. 2.2 Urban Stormwater Management Program
Exhibit No. 3.0 FLUCFCS Map
Exhibit No. 3.1 Impact Map
Exhibit No. 3.2 Listed Species Management Plan
Exhibit No. 3.3 Preserve Monitoring Plan
Exhibit No. 3.4 Draft Conservation Easement
Exhibit No. 3.5 Letter of Reservation
Exhibit No. 4.0 Draft Declaration of Covenants
Permit No: 11-100762-P, Page 19 of 21
1 6A10
NOTICE OF RIGHTS
As required by Chapter 120, Florida Statutes, the following provides notice of the opportunities
which may be available for administrative hearing pursuant to Sections 120.569 and 120.57,
Florida Statutes, or judicial review pursuant to Section 120.68, Florida Statutes, when the
substantial interests of a party are determined by an agency. Please note that this Notice of
Rights is not intended to provide legal advice. Some of the legal proceedings detailed below
may not be applicable or appropriate for your situation. You may wish to consult an attorney
regarding your legal rights.
RIGHT TO REQUEST ADMINISTRATIVE HEARING
A person whose substantial interests are or may be affected by the South Florida Water
Management District's (District) action has the right to request an administrative hearing on
that action pursuant to Sections 120.569 and 120.57, Florida Statutes. Persons seeking a
hearing on a District decision which affects or may affect their substantial interests shall file a
petition for hearing in accordance with the filing instructions set forth herein within 21 days of
receipt of written notice of the decision unless one of the following shorter time periods apply:
(1) within 14 days of the notice of consolidated intent to grant or deny concurrently reviewed
applications for environmental resource permits and use of sovereign submerged lands
pursuant to Section 373.427, Florida Statutes; or (2) within 14 days of service of an
Administrative Order pursuant to Section 373.119(1), Florida Statutes. "Receipt of written
notice of agency decision" means receipt of written notice through mail, electronic mail, posting,
or publication that the District has taken or intends to take final agency action. Any person who
receives written notice of a District decision and fails to file a written request for hearing within
the timeframe described above waives the right to request a hearing on that decision.
If the District takes final agency action that materially differs from the noticed intended agency
decision, persons who may be substantially affected shall, unless otherwise provided by law,
have an additional point of entry pursuant to Rule 28-106.111, Florida Administrative Code.
Any person to whom an emergency order is directed pursuant to Section 373.119(2), Florida
Statutes, shall comply therewith immediately, but on petition to the board shall be afforded a
hearing as soon as possible.
A person may file a request for an extension of time for filing a petition. The District may grant
the request for good cause. Requests for extension of time must be filed with the District prior
to the deadline for filing a petition for hearing. Such requests for extension shall contain a
certificate that the moving party has consulted with all other parties concerning the extension
and whether the District and any other parties agree to or oppose the extension. A timely
request for an extension of time shall toll the running of the time period for filing a petition until
the request is acted upon.
FILING INSTRUCTIONS
A petition for administrative hearing must be filed with the Office of the District Clerk. Filings
with the Office of the District Clerk may be made by mail, hand-delivery, or e-mail. Filings by
facsimile will not be accepted. A petition for administrative hearing or other document is
deemed filed upon receipt during normal business hours by the Office of the District Clerk at
the District's headquarters in West Palm Beach, Florida. The District's normal business hours
are 8:00 a.m. — 5:00 p.m., excluding weekends and District holidays. Any document received
by the Office of the District Clerk after 5:00 p.m. shall be deemed filed as of 8:00 a.m. on the
next regular business day.
Rev. 1/16/20 Permit No: 11-100762-P, Page 20 of
21
1 6A10
Additional filing instructions are as follows:
. Filings by mail must be addressed to the Office of the District Clerk, 3301 Gun Club Road,
West Palm Beach, Florida 33406.
. Filings by hand-delivery must be delivered to the Office of the District Clerk. Delivery of a
petition to the District's security desk does not constitute filing. It will be necessary to
request that the District's security officer contact the Office of the District Clerk. An
employee of the District's Clerk's office will receive and process the petition.
. Filings by e-mail must be transmitted to the Office of the District Clerk at clerk@sfwmd.gov.
The filing date for a document transmitted by electronic mail shall be the date the Office of
the District Clerk receives the complete document.
INITIATION OF ADMINISTRATIVE HEARING
Pursuant to Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Rules 28-106.201
and 28-106.301, Florida Administrative Code, initiation of an administrative hearing shall be
made by written petition to the District in legible form and on 8 1/2 by 11 inch white paper. All
petitions shall contain:
1. Identification of the action being contested, including the permit number, application
number, District file number or any other District identification number, if known.
2. The name, address, any email address, any facsimile number, and telephone number of
the petitioner, petitioner's attorney or qualified representative, if any.
3. An explanation of how the petitioner's substantial interests will be affected by the agency
determination.
4. A statement of when and how the petitioner received notice of the District's decision.
5. A statement of all disputed issues of material fact. If there are none, the petition must so
indicate.
6. A concise statement of the ultimate facts alleged, including the specific facts the petitioner
contends warrant reversal or modification of the District's proposed action.
7. A statement of the specific rules or statutes the petitioner contends require reversal or
modification of the District's proposed action.
8. If disputed issues of material fact exist, the statement must also include an explanation of
how the alleged facts relate to the specific rules or statutes.
9. A statement of the relief sought by the petitioner, stating precisely the action the petitioner
wishes the District to take with respect to the District's proposed action.
MEDIATION
The procedures for pursuing mediation are set forth in Section 120.573, Florida Statutes, and
Rules 28-106.111 and 28-106.401—.405, Florida Administrative Code. The District is not
proposing mediation for this agency action under Section 120.573, Florida Statutes, at this
time.
RIGHT TO SEEK JUDICIAL REVIEW
Pursuant to Section 120.68, Florida Statutes, and in accordance with Florida Rule of Appellate
Procedure 9.110, a party who is adversely affected by final District action may seek judicial
review of the District's final decision by filing a notice of appeal with the Office of the District
Clerk in accordance with the filing instructions set forth herein within 30 days of rendition of the
order to be reviewed, and by filing a copy of the notice with the appropriate district court of
appeals via the Florida Courts E-Filing Portal.
Rev. 1/16/20 2 Permit No: 11-100762-P, Page 21 of
21
r42_000Og3(ci 6 A 10
ARTICLES OF INCORPORATION
FOR
ARDENA HOMEOWNERS ASSOCIATION,INC.
0 00 )4(56s7S" 3
4836-3148-8441,v.2
0-61000 3‘ 4s14 10
TABLE OF CONTENTS
ARTICLES OF INCORPORATION
ARDENA HOMEOWNERS ASSOCIATION,INC.
PAGE NO.
ARTICLE I 1
NAME 1
ARTICLE II
DEFINITIONS 1
ARTICLE III 1
PURPOSE AND POWERS 1
ARTICLE IV 2
MEMBERSHIP 2
ARTICLE V 3
TERM: 3
ARTICLE VI 3
BYLAWS 3
ARTICLE VII 3
DIRECTORS AND OFFICERS 3
ARTICLE VIII 4
AMENDMENTS 4
ARTICLE IX 4
INDEMNIFICATION 4
ARTICLE X 5
INCORPORATOR 5
ARTICLE XI 5
REGISTERED OFFICE AND REGISTERED AGENT 5
4836-3148-8441, v. 2 1 J f ao-no ( 3rj ` s -3
140_Mtr-09 3(7C? 3
ARTICLES OF INCORPORATION
16A10
ARDENA HOMEOWNERS ASSOCIATION,INC.
Pursuant to Section 617.02011, Florida Statutes, the undersigned hereby executes these Articles of
Incorporation for the purpose of forming a corporation not for profit under Chapter 617, Florida Statutes,the
Florida Not For Profit Corporation Act.
ARTICLE I
NAME: The name of the corporation, herein called the"Association", is Ardena Homeowners Association,
Inc., and its address is c/o Pulte Home Company, LLC, 24311 Walden Center Drive, Suite 300, Bonita
Springs,FL 34134.
ARTICLE I1
DEFINITIONS: The definitions set forth in Section 720.301, Florida Statutes (2020) shall apply to terms
used in these Articles, unless otherwise defined in the Declaration of Covenants, Conditions and
Restrictions for Ardena("Declaration").
ARTICLE III
PURPOSE AND POWERS: The purpose for which the Association is organized is to provide an entity
pursuant to the Florida Not-For-Profit Corporation Act and Chapter 720, Florida Statutes (the"Act") for the
operation of the Community. The Association is organized and shall exist on a non-stock basis as a
corporation not for profit under the laws of the State of Florida, and no portion of any earnings of the
Association shall be distributed or inure to the private benefit of any Member, Director or officer. For the
accomplishment of its purposes, the Association shall have all of the common law and statutory powers and
duties of a corporation not for profit and of a homeowners' association under the laws of the State of
Florida, except as expressly limited or modified by the Governing Documents; and it shall have all of the
powers and duties reasonably necessary to operate the Community pursuant to the Governing Documents as
they may hereafter be amended, including, but not limited to the following:
(A) To make and collect Assessments against the Members to defray the costs,
expenses and losses of the Association, and to use the funds in the exercise of its powers and duties.
(B) To protect, maintain, repair, replace and operate the Common Area, including (i)
rights-of-way, roads, street or access easements; (ii) utility easements/tracts or facilities; (iii) conservation or
preservation easements/areas; (iv) common landscape areas; and(v)recreational areas, if any.
(C) To purchase insurance for the protection of the Common Area, the Association and
the Members.
(D) To repair and reconstruct improvements after casualty, and to make further
improvements to the Common Area.
4836-3148-8441,v.2 j K a no d q3 S VS 3
16A10
(E) To make, amend and enforce Rules and Regulations as set forth in the Governing
Documents.
(F) To approve or disapprove the transfer, leasing and occupancy of Parcels as may be
provided in the Governing Documents.
(G) To enforce the provisions of the laws of the State of Florida that are applicable to
the Community and the Governing Documents.
(H) To contract for the management and maintenance of the Community, and any
property or easements and related improvements that are dedicated to the Association by plat or separate
instrument, including any agreement or easement which imposes maintenance obligations on the
Association, and to delegate any powers and duties of the Association in connection therewith except such
as are specifically required by law or by the Governing Documents to be exercised by the Association's
Board of Directors or the Members.
(I) To employ accountants, attorneys, architects, and other professionals to perform
the services required for proper operation of the Community.
(J) To borrow money as necessary to perform its other functions hereunder.
(K) To grant, modify or move any easement.
(L) To acquire, own, lease and dispose of any real and personal property.
(M) To sue and be sued.
(N) To maintain and operate the Surface Water Management System, including
dedicated lake tracts, lake maintenance or drainage easements and corresponding infrastructure. The
Association shall have the ability to accept responsibility for the operation and maintenance of the Surface
Water Management System for future phases of the Community, if the Community will be constructed in
phases and subsequent phases will utilize the same Surface Water Management System as the initial
phase(s).
All funds and the title to all property acquired by the Association shall be held for the benefit of the
Members in accordance with the provisions of the Governing Documents. In the event of termination,
dissolution or final liquidation of the Association,the responsibility for the operation and maintenance of the
Common Area and other property the Association is obligated to maintain pursuant to the Governing
Documents, including any property or easements and related improvements that are dedicated to the
Association by plat or separate instrument, including any agreement or easement which imposes
maintenance obligations on the Association, shall be transferred to and accepted by a similar non-profit
organization or entity that is acceptable to any applicable governmental authorities, prior to such
termination, dissolution or liquidation.
ARTICLE IV
MEMBERSHIP:
(A) The Members shall be the Owners. Class "A" Members are all Owners other than
the Developer. The Class"B" Member is the Developer as further provided in the Association's Bylaws.
4836-3148-8441,v.2 2
R�oevb`f3;5 95 3
1 6A10
(B) The share of a Member in the funds and assets of the Association cannot be
assigned or transferred in any manner except as an appurtenance to his Parcel.
(C) Except as otherwise provided in the Association's Bylaws with respect to the Class
"B" Member, the Owners of each Parcel, collectively, shall be entitled to one vote in Association matters.
The manner of exercising voting rights shall be as set forth in the Association's Bylaws.
ARTICLE V
TERM: The term of the Association shall be perpetual.
ARTICLE VI
BYLAWS: The Association's Bylaws may be altered, amended, or rescinded in the manner provided
therein.
ARTICLE VII
DIRECTORS AND OFFICERS:
(A) The affairs of the Association shall be administered by a Board of Directors
consisting of the number of Directors determined by the Association's Bylaws, but not less than three (3)
Directors,and in the absence of such determination shall consist of three(3)Directors.
(B) Directors of the Association shall initially be appointed by and shall serve at the
pleasure of the Developer, and on and following the Turnover Date, the Board of Directors shall be elected
by the Members in the manner determined by the Association's Bylaws. Directors may be removed and
vacancies on the Board of Directors shall be filled in the manner provided by the Association's Bylaws.
(C) The business of the Association shall be conducted by the officers designated in the
Association's Bylaws. The officers shall be elected each year by the Board of Directors at its first meeting
after the annual meeting of the Members, and they shall serve at the pleasure of the Board of Directors. The
initial Directors are as follows:
Scott Brooks
c/o Pulte Home Company, LLC
24311 Walden Center Drive, Suite 300
Bonita Springs,FL 34134
Patrick Butler
c/o Pulte Home Company, LLC
24311 Walden Center Drive, Suite 300
Bonita Springs, FL 34134
Laura Ray
c/o Pulte Home Company, LLC
24311 Walden Center Drive, Suite 300
Bonita Springs, FL 34134
4836-3148-8441, v. 2 3
1 6A10
The initial Officers are as follows: Scott Brooks, President; Patrick Butler, Vice President; and Laura Ray,
Secretary/Treasurer.
ARTICLE VIII
AMENDMENTS: Amendments to these Articles shall be proposed and adopted in the following manner:
(A) Proposal. Subsequent to the Turnover Date, amendments to these Articles may be
proposed by the Board of Directors or by a written petition to the Board of Directors, signed by at least one-
third(1/3)of the Voting Interests.
(B) Procedure. Upon any amendment to these Articles being proposed by said Board
of Directors or Members, such proposed amendment shall be submitted to a vote of the Members not later
than the next annual meeting for which proper notice can be given. A proposal to amend these Articles
must contain the full text of the provision to be amended and may not be revised or amended by reference
solely to the title or number. Proposed new language must be underlined, and proposed deleted language
must be stricken. If the proposed change is so extensive that underlining and striking through language
would hinder, rather than assist, the understanding of the proposed amendment, a notation must be
inserted immediately preceding the proposed amendment in substantially the following form: "Substantial
rewording. See Articles for current text." An immaterial error or omission in the amendment process
does not invalidate an otherwise properly adopted amendment.
(C) Vote Required. Prior to the Turnover Date, amendments shall be adopted by the
Board of Directors. Subsequent to the Turnover Date, a proposed amendment shall be adopted if it is
approved by at least two-thirds (2/3) of the Voting Interests, at any annual or special meeting. As long as
the Developer owns a Parcel, an amendment to these Articles shall not be effective without the prior written
consent of the Developer, which consent may be denied in the Developer's discretion, provided, further,that
regardless of whether the Developer owns a Parcel, no amendment shall be effective if it affects the
Developer's rights or alters any provision made for the Developer's benefit.
(D) Effective Date. An amendment shall become effective upon filing Articles of
Amendment with the Florida Department of State and recording a Certificate of Amendment in the Public
Records of Collier County, Florida, with the formalities required for the execution of a deed.
ARTICLE IX
INDEMNIFICATION: To the fullest extent permitted by Florida law, the Association shall indemnify and
hold harmless every Director and every officer of the Association against all expenses and liabilities,
including attorneys' fees, actually and reasonably incurred by or imposed on him in connection with any
legal proceeding (or settlement or appeal of such proceeding) to which he may be a party because of his
being or having been a Director or officer of the Association. The foregoing right of indemnification shall
not be available if a judgment or other final adjudication establishes that his actions or omissions to act were
material to the cause adjudicated and involved:
(A) Willful misconduct or a conscious disregard for the best interests of the
Association, in a proceeding by or in the right of the Association to procure a judgment in its favor.
(B) A violation of criminal law, unless the Director or officer had no reasonable cause
to believe his action was unlawful or had reasonable cause to believe his action was lawful.
4836-3148-8441,v. 2 4 //e)000(-)4436 J C
k!ae000 t/3 qc3
16A10
(C) A transaction from which the Director or officer derived an improper personal
benefit.
In the event of a settlement, the right to indemnification shall not apply unless the Board of Directors
approves such settlement as being in the best interest of the Association. The foregoing rights of
indemnification shall be in addition to and not exclusive of all other rights to which a Director or officer
may be entitled.
ARTICLE X
INCORPORATOR: The name and address of the Incorporator is as follows:
Laura Ray
c/o Pulte Home Company,LLC
24311 Walden Center Drive,Suite 300
Bonita Springs,FL 34134
ARTICLE XI
REGISTERED OFFICE AND REGISTERED AGENT: The name and address of the Registered Agent
and the address of the Registered Office is:
Laura Ray
c/o Pulte Home Company,LLC
24311 Walden Center Drive,Suite 300
Bonita Springs,FL 34134
IN WITNESS WHEREOF, the undersigned, for the purpose of forming a corporation not for profit
to do business in the State of Florida, under the laws of Florida, makes and files these Articles of
Incorporation, hereby declares and certifies the facts herein stated are true and hereunto set my hand this
' " day of ,2020.
aura ay,Incorporator
4836-3148-9441,v,2 5
k (s 'qc )
/41
ao.cyv93 637 S
16A10
CERTIFICATE OF DESIGNATION
REGISTERED AGENT/REGISTERED OFFICE
Pursuant to the provisions of Section 617.0501, Florida Statutes, the undersigned corporation, organized
under the laws of the State of Florida, submits the following statement in designating the registered
office/registered agent,in the State of Florida.
1. The name of the corporation is:
Ardena Homeowners Association,Inc.
2. The name and address of the registered agent and office is:
Laura Ray
c/o PuIte Home Company,LLC
24311 Walden Center Drive,Suite 300
Bonita Springs,FL 34134
-L i L. a a
Laura Ray,Secretary
DATE: -4/Y
HAVING BEEN NAMED AS REGISTERED AGENT AND TO ACCEPT SERVICE OF PROCESS FOR
THE ABOVE STATED CORPORATION AT THE PLACE DESIGNATED IN THIS CERTIFICATE, I
HEREBY ACCEPT THE APPOINTMENT AS REGISTERED AGENT AND AGREE TO ACT IN THIS
CAPACITY. I FURTHER AGREE TO COMPLY WITH THE PROVISIONS OF ALL STATUTES
RELATING TO THE PROPER AND COMPLETE PERFORMANCE OF MY DUTIES, AND I AM
FAMILIAR WITH AND ACCEPT THE OBLIGATIONS OF MY POSITION AS REGISTERED
AGENT.
--76..6a j•
Laura Ray
rrII
DATE: /.� v7/ �, v
4836-3148-8441,v.2 6
�1 Lt3‘CgS 3
LIST &
ORIGINAL
AC OMDOCUMENTS
ALL ORIGINAL� KDOCUMENTROUTINGSENT TO
SLIP 1 6 A 1
TO O
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office 1)e 1(1-1 Z
4. BCC Office Board of County b _ I
Commissioners `i � I
5. Minutes and Records Clerk of Court's Office G
ZAULL/ SZ)
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Melissa Nute Phone Number x-2361
Contact/ Department
Agenda Date Item was 9/8/2020 Agenda Item Number 16A10
Approved by the BCC
Type of Document Bond,Maintenance Agreement Number of Original 2
Attached Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A (Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? MN
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. MN
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the MN
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MN
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 9/8/2020 and all changes made during K ,te
the meeting have been incorporated in the attached document. The County /5k)e :n'option
for
Attorney's Office has reviewed the changes,if applicable. is line.
9. Initials of attorney verifying that the attached document is the version approved by the /A is not
BCC, all changes directed by the BCC have been made,and the document is ready for the bbf ;,.e• 'e Q. •
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1 6A10
MEMORANDUM
Date: January 20, 2021
To: Melissa Nute, Site Plan Reviewer
Development Review
From: Teresa Cannon, Senior Deputy Clerk
Minutes & Records Department
Re: Performance Bond & Construction Maintenance Agreement
— Argo Livingston
Attached is a copy of the document as referenced above, (Item #16A10)
approved by Board of County Commissioners on Tuesday, September 8, 2020.
If you need anything further, please feel free to contact me at 252-8411.
Thank you.
Attachment
16A10
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered
into this 'th day of Se ntezhe r , 20 20 between Pulte Nome Company,LLC iereinafter
referred to as "Developer", and Board of County Commissioners of Collier County, Florida, hereinafter
referred to as the "Board".
RECITALS:
A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board
of certain plat of a subdivision to be known as: Argo Livingston
B. Chapter 4 and 10 of the Collier County Land Development Code required the Developer to post
appropriate guarantees for the construction of the improvements required by said subdivision regulations,
said guarantees to be incorporated in a bonded agreement for the construction of the required
improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set
forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed: Drainage, roadways, utilities and related infrastructure
within 24 months from the date of approval said subdivision plat, said improvements hereinafter
referred to as the required improvements.
2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by
reference made a part hereof) in the amount of$ 2,187,843.90 which amount represents 10% of the total
contract cost to complete the construction plus 100% of the estimated cost of to complete the required
improvements at the date of this Agreement.
3. In the event of default by the Developer or failure of the Developer to complete such improvements within
the time required by the Land Development Code, Collier County, may call upon the subdivision
performance security to insure satisfactory completion of the required improvements.
4. The required improvements shall not be considered complete until a statement of substantial completion
by Developer's engineer along with the final project records have been furnished to be reviewed and
approved by the County Manager or his designee for compliance with the Collier County Land
Development Code.
5. The County Manager or designee shall, within sixty (60) days of receipt of the statement of substantial
completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or
b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those
conditions which the Developer must fulfill in order to obtain the County Manager's approval of the
improvements. However, in no event shall the County Manager or designee refuse preliminary approval
of the improvements if they are in fact constructed and submitted for approval in accordance with the
requirements of this Agreement.
6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary
approval by the County Manager or his designee.After the one-year maintenance period by the Developer
has terminated, the Developer shall petition the County Manager or designee to inspect the required
improvements. The County Manager or designee shall inspect the improvements and, if found to be still
in compliance with the Land Development Code as reflected by final approval by the Board, the Board
shall release the remaining 10% of the subdivision performance security. The Developer's responsibility
for maintenance of the required improvements shall continue unless or until the Board accepts
maintenance responsibility for and by the County.
16A10
7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the
Developer may request the County Manager or designee to reduce the dollar amount of the subdivision
performance security on the basis of work complete, Each request for a reduction in the dollar amount of the
subdivision performance security shall be accompanied by a statement of substantial completion by the
Developer's engineer together with the project records necessary for review by the County Manager or
designee. The County Manager or designee may grant the request for a reduction in the amount of the
subdivision performance security for the improvements completed as of the date of the request.
8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification
of such failure, the County Manager or designee may call upon the subdivision performance security to
secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have
the right to construct and maintain, or cause to be constructed or maintained, pursuant to public
advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as
principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon
completion of such construction, the final total cost to the Board thereof, including, but not limited to,
engineering, legal and contingent costs, together with any damages, either direct or consequential, which
the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this
Agreement.
9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and
the respective successors and assigns of the Developer.
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their
duly authorized representatives this Rth day of SertP*her , 20 20 .
SIGNED IN THE PRESENCE OF: (Name of Entity)
Pulte Home Company, LLC
:2/ (/e'LL- //l / fl%) )
Witness: ��/, 7;_
Printed Narhe: Michael Hueniken
Vice President Land Devlopment
Witness: (Name of Entity)
Printed Name:
Jun of M•eyes
ATTEST: By:
CRYSTAL K. KINZEL, CLERK BOAR.) OF COUNTY COMMISSIONERS
OF
.'R COUNTY, IDA
41 BY: °11"11-1
• -puty Clerk `"'"" V
Approved as to form cRa1e'g Penny Taylor,Chairperson
/ �. p
Derek D. Perry
Assistant County Attorney
16A10
Exhibit A
COLLIER COUNTY LAND DEVELOPMENT CODE
PERFORMANCE BOND NO_ US00096678SU20A
KNOW ALL PERSONS BY THESE PRESENTS: that
PULTE HOME COMPANY,LLC
24311 WALDEN CENTER,STE 300
BONITA SPRINGS,FL 34134
(hereinafter referred to as"Owner")and XL Specialty Insurance Company,505 Eagleview Blvd.,Exton, PA 19341
630-468-5600
(NAME OF SURETY)
(ADDRESS OF SURETY
TELEPHONE NUMBER)
(hereinafter referred to as"Surety")are held and firmly bound unto Collier County,Florida,(hereinafter referred to as
"County") in the total aggregate sum of Two Million One Hundred Eighty Seven Thousand Eight Hundred Forty
Three and 90/100 Dollars(S2,187,843.90) in lawful money of the United States, for the payment of which sum well
and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and
severally,firmly by these presents. Owner and Surety are used for singular or plural,as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas,the Owner has submitted for approval by the Board a
certain subdivision plat named Ardena and that certain subdivision shall include specific improvements which are
required by Collier County Ordinances and Resolutions(hereinafter"Land Development Regulations").This obligation
of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by
the Board of County Commissioners of the specific improvements described in the Land Development Regulations
(hereinafter the"Guaranty Period").
NOW,THEREFORE,if the Owner shall well,truly and faithfully perform its obligations and duties in accordance with
the Land Development Regulations during the guaranty period established by the County,and the Owner shall satisfy
all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and
damages which it may suffer by reason of Owner's failure to do so,and shall reimburse and repay the County all outlay
and expense which the County may incur in making good any default, then this obligation shall be void,otherwise to
remain in full force and effect.
PROVIDED,FURTHER,that the said Surety,for value received hereby,stipulates and agrees that no change,extension
of time,alteration,addition or deletion to the proposed specific improvements shall in any way affect its obligation on
this Bond,and it does hereby waive notice of any such change,extension of time,alteration,addition or deletion to the
proposed specific improvements.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and
immediately,without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and
faithful performance in accordance with the Land Development Regulations. The term"Amendment,"wherever used in
this Bond,and whether referring to this Bond,or other documents shall include any alteration,addition or modification
of any character whatsoever.
16A10
IN WITNESS WHEREOF,the parties hereto have caused this PERFORMANCE BOND to be executed this
13th day of November / 2020 /
•
%�ATie foe_ i3vTLr,� Pulte Homes Company, LLC
fnlittett-4 6A7rA41 MClan le 6uHey By:
•
Printed Name D Bryce Langen SEE ATTACHED SIGNATURE PAGE
(Provide Proper Evidence of Authority)
I '
Printed Name n/a
ACKNOWLEDGEMENT
STATE OF GEORGIA
COUNTY OF Fi JL.TON
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF
13'1'H PHYSICAL PRESENCE.OR ❑ ONLINE NOTARIZATION THIS DAY OF NOVEMBER
BY('NAMEQE 401OWJ€I AS(TITLE)OF VP&TREASURER (NAME OF COMPANY)WHO IS
P_E__R_SON__ALLY.ISNOWN TO ME,OR HAS PRODUCED - AS IDENTIFICATION.
*D.BRYCE LANGEN
Notary Public-State of GEORGIA
(I SHIRLEY E HUTCHINS
Notary Public-State of Georgia 1
( Fulton County
My Commission Expires Mar 18,2022
rinted N me SHIRLEY E.HUTCHINS
SURETY ACKNOWLEDGEMENT XL Specialty Insurance Company
WITNESSES: (Surety Name and Title if Corporation)
Printed Name -Diane M.Rubright Cnted Name itle James I.Moore,Attorney-in-Fact
�� _ri.M .MP1MIENI (Pr. ide Prope Evidence of Authority)
Printed Name -Alexa Costello
16A1u
executed this day of 72 , 2020.
Pulte Home Company, LLC
PRINCIPAL
021AAlam_
BY: D. Bryce Langen, VP & Treasurer
Notary Attached
16A10
Power of Attorney
XL Specialty Insurance Company BOND NUMBER US00096678SU20A
XL Reinsurance America Inc. LIMITED POWER OF ATTORNEY
A
KNOW ALL MEN BY THESE PRESENTS:That XL Specialty Insurance Company,a Delaware insurance companies with offices located at 505
Eagleview Blvd.,Exton,PA 19341,and XL Reinsurance America Inc.,a New York insurance company with offices located at 70 Seaview Avenue,
Stamford,CT 06902,,do hereby nominate,constitute,and appoint:
James I.Moore
each its true and lawful Attorney(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and
deed, where required, any and all bonds and undertakings In the nature thereof, , for the penal sum of no one of which is in any event to
exceed $100,000,000.00.
Such bonds and undertakings, when duly executed by the aforesaid Attorney (s) - in - Fact shall be binding upon each said Company as
fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed
with its corporate seal.
The Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of each of the
Companies on the 26th day of July 2017.
RESOLVED, that Gary Kaplan, Daniel Riordan, Maria Duhart, Gregory Boal and Kevin Mirsch are hereby appointed by the Board as authorized
to make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings, contracts or obligations in surety or
co-surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to
attest the execution of any such bonds, undertakings, contracts or obligations in surety or co-surety and attach thereto the corporate seal of
the Company.
RESOLVED, FURTHER, that Gary Kaplan, Daniel Riordan, Maria Duhart, Gregory Boal and Kevin Mirsch each is hereby authorized to execute powers
of attorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undertakings in surety
or co-surety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to
attest the execution of any such power of attorney, and to attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be
affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such
facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or
obligation in surety or co-surety with others to which it is attached.
IN WITNESS WHEREOF, the XL SPECIALTY INSURANCE COMPANY has caused its corporate seal to be hereunto affixed, and these presents to
be signed by its duly authorized officers this April 13th, 2018.
�uu,-•a:m,�,,n�y XL SPECIALTY INSURANCE COMPANY
r • F;PO c. Ya
QPAL �1 4.7 /5______(27
Y
dot �e monatmlo Gregory Boal,VICE PRESIDENT
avl;-LA. WP 'm`
STATE OF PENNSYLVANIA
COUNTY OF CHESTER Attest:
Kevin M.Mirsch,ASSISTANT SECRETARY
On this 13th day of April, 2018, before me personally came Gregory Boal to me known, who, being duly sworn, did depose and
say: that he is Vice President of XL SPECIALTY INSURANCE COMPANY, described in and which executed the above Instrument; that
he knows the seals of said Companies; that the seals affixed to the aforesaid instrument is such corporate seals and were affixed
thereto by order and authority of the Boards of Directors of said Companies; and that he executed the said instrument by like
order.
yGtsC•Stiq COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEALi ?
Ida▪o � - Rebecca C. Shalhoub, Notary Public
:a_o of Uwchtan Twp., Chester County
•tr My Commission Expires April 28.2020
;y'• ya'SYLNI MEUBER.PENNSYLVANtA ASSOCIATION OF NOTARIES Rebecca C.Shalhoub,NOTARY PUBLIC
-0 AIRY
SB0042
16A10
STATE OF PENNSYLVANIA
COUNTY OF CHESTER
I, Kevin M. Mirsch, Assistant Secretary of XL SPECIALTY INSURANCE COMPANY, a corporation of the State of Delaware, do hereby certify
that the above and forgoing is a full, true and correct copy of a Power of Attorney issued by said Companies, and that I have compared
same with the original and that it is a correct transcript therefrom and of the whole of the original and that the said Power of Attorney is still
in full force and effect and has not been revoked.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation, at the City of Exton, this 9th day of
December,2020
o �NSU?A
°°�ck ycc,ti �`
op
'a' ..0,, Kevin M.Mirsch,ASSISTANT SECRETARY
u) SEAL ,
O
IN WITNESS WHEREOF,XL REINSURANCE AMERICA INC. has caused its corporate seal to be hereunto affixed,and these presents to be signed by its duly
authorized officers this 13th day of April,2018.
URJ.�rceq XL REINSURANCE AMERICA INC.
tx( O t-6 r'i by: /
Pf
`y, RAl f• Gregory Boal,VICE PRESIDENT
YOR `.
Attest:
Kevin M.Mirsch,ASSISTANT SECRETARY
STATE OF PENNSYLVANIA
COUNTY OF CHESTER
On this 13th day of April,2018, before me personally came Gregory Boal to me known,who,being duly sworn,did depose and say:that he is Vice
President of XL REINSURANCE AMERICA INC., described in and which executed the above instrument; that he knows the seal of said Corporation;
that the seal affixed to the aforesaid Instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of
r.
GC. . N •y� COMMONWEALTH OF PENNSYLVANIA,
od`ONwFq�yo- NOTARIAL SEAL r/
.44• _ Rebecca C. Shaihoub. Notary Public
OF ' : LJwchlan Twp., Chester County
E+y P�•ac, My Commission Expires April 28,2020
ySYLV.��%•; MEUSER.PCNI SYLVANtA ASSCCLATION OF NOtARIES Rebecca C.Shaihoub,NOTARY PUBLIC
STATE OF PENNSYLVANIA
COUNTY OF CHESTER
I, Kevin M. Mirsch,Assistant Secretary of XL REINSURANCE AMERICA INC. a corporation of the State of New York,do hereby certify that the
person who executed this Power of Attorney,with the rights, respectively of XL REINSURANCE AMERICA INC.,do hereby certify that the above
and forgoing is a full,true and correct copy of a Power of Attorney issued by said Corporation,and that I have compared same with the original
and that it is a correct transcript therefrom and of the whole original and that the said Power of Attorney is still in full force and effect and has
not been revoked.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Corporation, at the City of Exton,this 13th
day of November,2020
Z�i
. EAL Kevin M.Mirsch,ASSISTANT SECRETARY
s` /
YOR-'•.
This Power of Attorney may not be used to execute any bond with an inception date 4/13/2023 12:00:00AM
SB0042
1 6A10
STATE OF ILLINOIS }
COUNTY OF DU PAGE}
On November 13, 2020, before me, Alexa Costello, a Notary Public in and for said County and
State, duly commissioned and sworn, personally appeared, James I. Moore, known to me to be
Attorney-in-Fact of XL Specialty Insurance Company,the corporation described in and that
executed the within and foregoing instrument, and known to me to be the person who executed
the said instrument on behalf of the said corporation, and he duly acknowledged to me that such
corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and
year stated in this certificate above.
My Commission Expires November 19, 2023 CuLa
Alexa Costello,Notary Public
Commission No. 904586
OFFICIAL SEAL
Alexa Costello
NOTARY PUBLIC,STATE OF ILLINOIS
My Commission Expires Nov 19,2023
16A10
FLORIDA DEPARTMENT OF INSURANCE
JAMES IRWIN MOORE
Lic.$ 332566868
IS LICENSED TO TRANSACT THE
FOLLOWING CLASSES OF INSURANCE:
Nonres.Gen.Lnes(Prop.BCas.Ins)
Al83300
SIGN4flJRE
16A1P
SURETY RIDER
XL Specialty Insurance Company
To be attached to and form a part of
Bond No. US00096678SU20A
Effective Date: November 13, 2020
Bond Amount: $2,187,843.90
Executed by: Pulte Home Company, LLC
, as Principal
and by: XL Specialty Insurance Company
, as Surety
in favor of: Collier County, Florida
(Obligee)
in consideration of the mutual agreements herein contained, the Principal and the Surety
hereby consent to changing:
Subdivision name:
FROM: Ardena
TO: Argo Livingston
All other conditions remain the same.
This rider is effective: November 13, 2020
Signed and Sealed: November 30, 2020
Surety: XL Specialty Insurance Company
By: ').9111 i2/J I. i\4.C, —
Surety: James I. Moore, Attorney-in-Fact
1 6A10
STATE OF ILLINOIS }
COUNTY OF DU PAGE}
On November 30, 2020, before me, Alexa Costello, a Notary Public in and for said County and
State, duly commissioned and sworn, personally appeared, James I. Moore, known to me to be
Attorney-in-Fact of XL Specialty Insurance Company, the corporation described in and that
executed the within and foregoing instrument, and known to me to be the person who executed
the said instrument on behalf of the said corporation, and he duly acknowledged to me that such
corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and
year stated in this certificate above.
My Commission Expires November 19, 2023
Alexa Costello,Notary Public
Commission No. 904586
OFFICIAL SEA(.
Alexa Costello
L
PUBLIC,STATE OF ILLINOIS
ission Expires Nov 19,2023
1 b Ai0
Power of Attorney
XL Specialty Insurance Company BOND NUMBER US00096679SU20A
XL Reinsurance America Inc. LIMITED POWER OF ATTORNEY
A
KNOW ALL MEN BY THESE PRESENTS:That XL Specialty Insurance Company,a Delaware insurance companies with offices located at 505
Eagleview Blvd., Exton,PA 19341,and XL Reinsurance America Inc., a New York insurance company with offices located at 70 Seaview Avenue,
Stamford,CT 06902,,do hereby nominate,constitute,and appoint:
James I.Moore
each Its true and lawful Attorney(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and
deed, where required, any and all bonds and undertakings in the nature thereof, , for the penal sum of no one of which is in any event to
exceed $100,000,000.00.
Such bonds and undertakings, when duly executed by the aforesaid Attorney (s) - In - Fact shall be binding upon each said Company as
fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed
with Its corporate seal.
The Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of each of the
Companies on the 26th day of July 2017.
RESOLVED, that Gary Kaplan, Daniel Riordan, Maria Duhart, Gregory Boal and Kevin Mirsch are hereby appointed by the Board as authorized
to make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings, contracts or obligations in surety or
co-surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to
attest the execution of any such bonds, undertakings, contracts or obligations in surety or co-surety and attach thereto the corporate seal of
the Company.
RESOLVED, FURTHER, that Gary Kaplan, Daniel Riordan, Maria Duhart, Gregory Boal and Kevin Mirsch each is hereby authorized to execute powers
of attorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undertakings in surety
or co-surety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to
attest the execution of any such power of attorney, and to attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be
affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such
facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or
obligation in surety or co-surety with others to which it is attached.
IN WITNESS WHEREOF, the XL SPECIALTY INSURANCE COMPANY has caused its corporate seal to be hereunto affixed, and these presents to
be signed by its duly authorized officers this April 13th, 2018.
��yiuuo•n+M+ur7,,,,N XL SPECIALTY INSURANCE COMPANY
J\NUf ' fa
P.��P O l�qr• %
En mV c°:(or is �7
0.� JEAL2 a
V by: C
}.... 'V/ Gregory Boat,VICE PRESIDENT
"bmnnumn,Tauv
STATE OF PENNSYLVANIA
COUNTY OF CHESTER Attest:
Kevin M.Mirsch,ASSISTANT SECRETARY
On this 13th day of April, 2018, before me personally came Gregory Boal to me known, who, being duly sworn, did depose and
say: that he is Vice President of XL SPECIALTY INSURANCE COMPANY, described in and which executed the above Instrument; that
he knows the seals of said Companies; that the seals affixed to the aforesaid instrument is such corporate seals and were affixed
thereto by order and authority of the Boards of Directors of said Companies; and that he executed the said instrument by like
order.
rirG
C.Sy COMMONWEALTH OF PENNSYLVANIA /
�▪ Nk'F� G+ NOTARIAL SEAL (f
.4,,0 X. Rebecca C. Shalhoub, Notary Public
=ae:u OF _� Uwchlan Twp., Chester County
My Commission Expires April 28,2020
,T▪7'1'SYl.`1 , M I.thER,PENNSYLVANIA ASSOCIATION 1 OF NOfARtES Rebecca C.Shalhoub,NOTARY PUBLIC
'04
SB0042
16A0
Power of Attorney
XL Specialty Insurance Company BOND NUMBER US00096678SU20A
XL Reinsurance America Inc. LIMITED POWER OF ATTORNEY
A
6
KNOW ALL MEN BY THESE PRESENTS:That XL Specialty Insurance Company,a Delaware insurance companies with offices located at 505
Eagleview Blvd.,Exton, PA 19341,and XL Reinsurance America Inc.,a New York insurance company with offices located at 70 Seaview Avenue,
Stamford,CT 06902,,do hereby nominate,constitute,and appoint:
James I.Moore
each its true and lawful Attorney(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and
deed, where required, any and all bonds and undertakings in the nature thereof, , for the penal sum of no one of which is in any event to
exceed $100,000,000.00.
Such bonds and undertakings, when duly executed by the aforesaid Attorney (s) - in - Fact shall be binding upon each said Company as
fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed
with its corporate seal.
The Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of each of the
Companies on the 26th day of July 2017.
RESOLVED, that Gary Kaplan, Daniel Riordan, Maria Duhart, Gregory Boal and Kevin Mirsch are hereby appointed by the Board as authorized
to make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings, contracts or obligations in surety or
co-surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to
attest the execution of any such bonds, undertakings, contracts or obligations in surety or co-surety and attach thereto the corporate seal of
the Company.
RESOLVED, FURTHER, that Gary Kaplan, Daniel Riordan, Maria Duhart, Gregory Boal and Kevin Mirsch each is hereby authorized to execute powers
of attorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undertakings in surety
or co-surety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to
attest the execution of any such power of attorney, and to attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be
affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such
facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or
obligation in surety or co-surety with others to which it is attached.
IN WITNESS WHEREOF, the XL SPECIALTY INSURANCE COMPANY has caused its corporate seal to be hereunto affixed, and these presents to
be signed by its duly authorized officers this April 13th, 2018.
wm' n XL SPECIALTY INSURANCE COMPANY
a Cii C> iO 4.7 C
1,61% by:
..SEAL gI
s Zee Gregory Boal,VICE PRESIDENT
STATE OF PENNSYLVANIA
COUNTY OF CHESTER Attest: Jv
Kevin M.Mirsch,ASSISTANT SECRETARY
On this 13th day of April, 2018, before me personally came Gregory Boal to me known, who, being duly sworn, did depose and
say: that he is Vice President of XL SPECIALTY INSURANCE COMPANY, described in and which executed the above instrument; that
he knows the seals of said Companies; that the seals affixed to the aforesaid instrument is such corporate seals and were affixed
thereto by order and authority of the Boards of Directors of said Companies; and that he executed the said instrument by like
order.
''u..r��
�.Gp ..fat, COMMONWEALTH OF PENNSYLVANIA
Q,�+.•;1,OHIVF•.ya: NOTARIAL SEAL
_�,o €A••
• Rebecca C. Shaihoub, Notary Public
OF =:�- Uwchlan Twp., Chester County
•ea: t My Commission Expires April 28.2020
'=•S• v?�G MEMBER.PENNSYLVANIA ASSOCIATION OF NOTARIES
OT SYL, 0>' Rebecca C.Shalhoub,NOTARY PUBLIC
A/=y Pil•`
SB0042
16A10
STATE OF PENNSYLVANIA
COUNTY OF CHESTER
I, Kevin M. Mirsch, Assistant Secretary of XL SPECIALTY INSURANCE COMPANY, a corporation of the State of Delaware, do hereby certify
that the above and forgoing is a full, true and correct copy of a Power of Attorney issued by said Companies, and that I have compared
same with the original and that it is a correct transcript therefrom and of the whole of the original and that the said Power of Attorney is still
in full force and effect and has not been revoked.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation,at the City of Exton, this 13th day of
November,2020
it
.SEAL;:Y2f Kevin M.Hirsch,ASSISTANT SECRETARY
‘ w A°°
IN WITNESS WHEREOF,XL REINSURANCE AMERICA INC.has caused its corporate seal to be hereunto affixed,and these presents to be signed by its duly
authorized officers this 13th day of April,2018.
„...lpHCEq � XL REINSURANCE AMERICA INC.
`fit QOR e:;;
(k rt'� by: 4.7. 62 7-Z_____(:::7
n
SEAL %c,,.. Gregory Boal,VICE PRESIDENT
,,, ,,
Attest: ►/, . _Mi" ) J
Kevin`M.Mirsch,ASSISTANT SECRETARY
STATE OF PENNSYLVANIA
COUNTY OF CHESTER
On this 13th day of April,2018,before me personally came Gregory Boal to me known,who,being duly sworn,did depose and say:that he is Vice
President of XL REINSURANCE AMERICA INC.,described in and which executed the above Instrument;that he knows the seal of said Corporation;
that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of
.0N41'r.
o•'1,4aie.40 COMMONWEALTH OF RENNSYLVANIA- -
r�E�
Orr.'•'d`ON�F.7•o= NOTARIAL SEAL
_�=o� eA•G= Rebecca C. Shalhoub, Notary Public
x:o'
:� OF a: Ltwchlan Twp., Chester County
•R. ?: : My Commission Expires April 28.2020
Vir.'7i'SYLvP�-",��:` MELBER.PENNSYLVANIA ASSCCL0.TICN OF NOTARIES Rebecca C.Shalhoub,NOTARY PUBLIC
•STATE OF PENNSYLVANIA
COUNTY OF CHESTER
I, Kevin M. Mirsch,Assistant Secretary of XL REINSURANCE AMERICA INC. a corporation of the State of New York,do hereby certify that the
person who executed this Power of Attorney,with the rights, respectively of XL REINSURANCE AMERICA INC.,do hereby certify that the above
and forgoing is a full,true and correct copy of a Power of Attorney issued by said Corporation,and that I have compared same with the original
and that it is a correct transcript therefrom and of the whole original and that the said Power of Attorney is still in full force and effect and has
not been revoked.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Corporation,at the City of Exton,this 13th
day of November,2020
lx �VI
n1 Kevin M.Mirsch,ASSISTANT SECRETARY
.i*LL
This Power of Attorney may not be used to execute any bond with an inception date 4/13/2023 12:00:00AM
SB0042