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Backup Documents 10/12/2021 Item #16A 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the('ounty Attorney()Mee at the time the item is placed on the agenda. All completed routing slips and original documents must he received in the('aunty titorney(lace no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#I through#2,complete the checklist,and thrward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 2. 3. County Attorney Office County Attorney Office t o . r 4. BCC Office Board of County t ,� Commissioners J I IN-a t 5. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Lucia Martin—Development Review Phone Number x-2279 Contact/ Department Agenda Date Item was 10/12/2021 Agenda Item Number 16.A.6 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? LM 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. LM 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 LM 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 LM signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 10/12/2021 and all changes made during 1 N/A is not the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. vv this line. _ 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the 0 ( an option for Chairman's signature. this line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 6 A 6 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this day of October , 20 21 between **SEE BELOW hereinafter referred to as "Developer", and Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board". ** Neal Communities of Southwest Florida, LLC and RECITALS: Hyde Park Land Holdings,LLC 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: SKYSAIL-PHASE ONE(PPL#20190001066/PPLA#20210000065) 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: Water,Wastewater,IQ Main,Force Main&Pump Station,Paving,Grading,Drainage, 1. Developer will cause to be constructed:Signage Marking&Lighting,Landscaping&Irrigation within 36 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$ 7,485,491.81 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. 16A 6 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 6th day of October , 20 21 . SIGNED IN THE PRESENCE OF: (Name of Entity)Neal Communities of Southwest Florida,LLC By:NCDG Manaent,LLC a Florida limited liability company,its Manager itn s' Hyde Parka Holdings,L a F trotted liability company , By: Printed Name: Priscilla G.Heim James R. Schier,Manager Witness: ' / Evidence of signing authority attached / / 1� �� hereto as Exhibit "6" . Printed Nam _ Amy R.Mahon *SEE ATTACHED FOR: *Evidence of Authority-Neal Communities of Southwest Florida,LLC ATTEST: *Evidence of Authority-Hyde Park Land Holdings,LLC CRYSTAL K. KINZEL, CLERK BOA D OF COUNTY COMMISSIONERS OF ER COUNTY, RI By: 1 VV�-''v"�.-�(Ak �� s's->�r, Chairman's By: Deputy Clerk enemy ay/' 47 Cha1 ar_t ptyre oR"y.. Ap r ved as to form and i 7 ) - Derek D. Perry Assistant County Attorn4 1 6 A 6 EXHIBIT "A" Subdivision Performance Security 6 r. EXHIBIT "A" PERFORMANCE BOND BOND NO. CS3804533 KNOW ALL PERSONS BY THESE PRESENTS:that Neal Communities of Southwest Florida, LLC and Hyde Park Land Holdings,LLC (Name of Owner) 5800 Lakewood Ranch Boulevard (Address of Owner) Sarasota,Florida 34240 (Address of Owner) (Hereinafter referred to a "Owner")and Great American Insurance Company - - (Name of Surety) 301 I:fourth Street (Address of Surety) Cincinnati,011 45202 (Address of Surety) (513)369-5000 ---_----_--- --_. (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 '""'"'"' ` """'°'""°—^""'"`"^"°""*""*"--"»+'—m^" Dollars ($7,485,491.81 ) 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 of a certain subdivision plat named— SKYSAIL -PHASE ONE 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 1 6 A 6 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. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this h day of October / 2021 / SS ( wner Na nd Title if Corporation)Neal Communities of Southwest Florida,LLC �y:NCDO,Martfigement,LLC a Florid unite liability company,its Manager Bye Par La d Holdings ,a F r' li ed liability company Priscilla G.Heim Printed Name Print Name/Title James R. Schier,Manager Aftk-KAutet- - , (Provide Proper Evidence of Authority) *SEE ATTACHED FOR: Printed Name *Evidence of Authority-Neal Communities of Southwest Florida,LLC Amy R. Mallon *Evidence of Authority-Hyde Park Land Holdings,LLC ACKNOWLEDGEMENT Evidence of signing authority attached hereto as Exhibit"L22'' . STATE OF FLORIDA COUNTY OF S a-r a c O N-*-- THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF ® PHYSICAL PRESENCE OR ❑ ONLINE NOTARIZATION THIS DAY OF (p 44% /ot41 of- / October , 20 21 by James R. Schier (NAME OF ACKNOWLEDGER) AS Manager (TITLE) OF * SEE BELOW (NAME OF COMPANY) WHO IS PERSONALLY KNOW TO ME,OR HAS PRODUCED AS IDENTIFICATION. * Neal Communities of Southwest Florida, LLC & Hyde Park Land Holdings, LLC Notary Public—State of Florida (SEAL) t°>"r+e'Vd,✓r,��.. „+?ri nth. Notary Public State of Rondat Micl:efe Zink Ex My Capiresr.m07/iss;13/2on0 GG23 334513 Printed Name Miche e Zink WITNESSES: (Surety Name and Title if Corporation) By: Printed Name Printed Name/Title (Provide Proper Evidence of Authority) Printed Name 1 6 A 6 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. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this _ _6th _ day of October J 2021 /_ ,-_. :?WITNESSES: (Owner Name and Title if Corporation)Neal Communities of Southwest Florida,LLCM •:•( By:NCDG Management,LLC a Florida limited liability company,its Manager Hyde Park Land Holdings;LLC,a Florida limited liability company ---____.. By )rinted Name Printed Name/Title James R. Schier,Manager S(Provide Proper Evidence of Authority) •SEE ATTACHED FOR: 'P Name *Evidence of Authority Neal ' 'Printed idence hority Communities of Southwest Florida,LLC — —.. `EvicknosfAdthorir-H,, eParkLandMoldings,I-LC ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF © PHYSICAL PRESENCE OR ❑ ONLINE NOTARIZATION THIS DAY OF r / October , 21 James R. Schier 20 , by (NAME OF ACKNOWLEDGER) AS Manager (TITLE) OF ' SEE BELOW (NAME OF COMPANY) WHO IS PERSONALLY KNOW TO ME,OR HAS PRODUCED AS IDENTIFICATION. Neal Ccmmunities of Southwest Florida, LLC & Hyde Park Land Holdings, LLC Notary Public-State of Florida •;.:(SEAL) ---------- -,- uniuniomp.. Printed Name :WITNESSES: (Surety Name.and Title if Corporation) _______. :3'� Great American Insurance Company (I \BY• tC ti� c4-. 2_ . . ti.i4 ! � -- — ---- • rintedRame Printed Name/Title Tanya L. Russo.Attorney-in-Fact and • Jerrt Keller Florida Licensed Resident - Agent (Provide Proper Evidence of Authority) (�L � , —� Power of Attorney attached —� PrintedFNaame Helena Beam ) 16A 6 ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF HILLSBOROUGH THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF ® PHYSICAL PRESENCE OR ❑ ONLINE NOTARIZATION THIS DAY OF 6th /October a 20 21 by Tanya L.Russo (NAME OF ACKNOWLEDGER)AS Attorney-in-Fast (TITLE) OF Great American Insurance Company (NAME OF COMPANY) WHO IS PERSONALLY KNOW TO ME,OR HAS PRODUCED .._AS IDENTIFICATION. Notary Public—State of FI-ORIDA (SEA • MARY LANGLEY Printed Name Mare angl NOTARY PUBLIC STATE OF FLORIDA NO.GG 304044 MY COMMISSION EXPIRES MAR.20,2023 16A 6 GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET • CINCINNATi,OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FOUR No.0 21328 POWER OF ATTORNEY KNOW ALI.MEN BY THESE PRESENTS: That the GREAT GRF.ATAMERICAN INSURANCE COMT'AN a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below,each individually if more than one is named,its true and lawful attorney-in-fact for it and in its name,place and stead to execute on behalf of the said Company,as surety,any and all bonds, undertakings and contracts of suretyship.or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power FREDERIC M.ARCHERD,JR. ALL OF ALL TANYA L.RUSSO TAMPA,FLORIDA $100,000,000 RICHARD P.RUSSO,JR. MARY MARTHA LANGLEY This Power of Attorney revokes all previous powers issued on behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 18TH day of JUNE 2019 . Attest GREAT AMERICAN INSURANCE COMPANY 4) ..4- ._ e. 3 go 4I/� ` e et E;i. Assistant Secretory Divisional Senior&ice President STATE OF OHIO,COUNTY OF HAMILTON-ss: MARK VICARIO(877-377-2405) On this 18TH day of JUNE , 2019 ,before me personally appeared MARK VICARIO,to me known, being duly sworn,deposes and says that he resides in Cincinnati.Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company the Company described in and which executed the above instrument that he knows the seal of the said Company;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by authority of his office under the By-Iaws of said Company,and that he signed his name thereto by like authority. r�,r. SUSAN A KOHORST z�_ Notary Public State of Ohio (i. /�8 ' ;' My Comm.Empires �, � May 18,2.023 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9,2008. RISOLt ED: That the Divisional President. the several Divisional Senior Vice Presidents,Drvinomal I`ice Presidents and Divisonal Assistant Vice Presidents, or any one of them. be and hereby is authorized from time to lime, to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof to prescribe their respective chains and the respective limits of their authority:and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may he affixed by,facsimile to any power of attorney or certificate of either given for the execution of any bond,undertaking, contract of suretyship, or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I,STEPHEN C.BERAHA,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9,2008 have not been revoked and are now in full force and effect. Signed and sealed this 6th day of October 2021 . ti:---41 4(... e 3 _:.ii......,,., Assistant Secretary `"~••r""•�. 16A 6 EXHIBIT " B" Signing Authority 1 6 A 6 2021 FLORIDA LIMITED LIABILITY COMPANYANNUAL REPORT FILED DOCUMENT# L09000120732 Apr 23, 2021 Entity Name: NEAL COMMUNITIES OF SOUTHWEST FLORIDA, LLC Secretary of State 8759846647CC Current Principal Place of Business: 5800 LAKEWOOD RANCH BLVD. SARASOTA, FL 34240 Current Mailing Address: 5800 LAKEWOOD RANCH BLVD. SARASOTA, FL 34240 US FEI Number: 27-1576866 Certificate of Status Desired: No Name and Address of Current Registered Agent: SCHIER,JAMES R 5800 LAKEWOOD RANCH BLVD. SARASOTA, FL 34240 US The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Authorized Person(s) Detail : Title MGR Title P Name NCDG MANAGEMENT, LLC Name STOREY, MICHAEL A Address 5800 LAKEWOOD RANCH BLVD. Address 5800 LAKEWOOD RANCH BLVD. City-State-Zip: SARASOTA FL 34240 City-State-Zip: SARASOTA FL 34240 Title VP Title S Name SCHIER,JAMES R Name HEIM, PRISCILLA G Address 5800 LAKEWOOD RANCH BLVD. Address 5800 LAKEWOOD RANCH BLVD. City-State-Zip: SARASOTA FL 34240 City-State-Zip: SARASOTA FL 34240 Title VP Title VP Name SOCHAR, MARK Name PUENTE,CARLOS Address 5800 LAKEWOOD RANCH BLVD. Address 5800 LAKEWOOD RANCH BLVD. City-State-Zip: SARASOTA FL 34240 City-State-Zip: SARASOTA FL 34240 Title VP Title VP Name CIOFFI, KATHY Name CLARK,CHRIS Address 5800 LAKEWOOD RANCH BLVD. Address 5800 LAKEWOOD RANCH BLVD. City-State-Zip: SARASOTA FL 34240 City-State-Zip: SARASOTA FL 34240 Continues on page 2 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath;that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605,Florida Statutes;and that my name appears above,or on an attachment with all other like empowered. SIGNATURE:JAMES SCHIER VICE PRESIDENT 04/23/2021 Electronic Signature of Signing Authorized Person(s)Detail Date 16A 6 2021 FLORIDA LIMITED LIABILITY COMPANY AMENDED ANNUAL REPORT FILED DOCUMENT# L09000121640 Oct 19, 2021 Entity Name: NCDG MANAGEMENT, LLC Secretary of State Current Principal Place of Business: 6553440809CC 5800 LAKEWOOD RANCH BLVD. SARASOTA, FL 34240 Current Mailing Address: 5800 LAKEWOOD RANCH BLVD. SARASOTA, FL 34240 US FEI Number: 27-1574720 Certificate of Status Desired: No Name and Address of Current Registered Agent: SCHIER,JAMES R 5800 LAKEWOOD RANCH BLVD. SARASOTA, FL 34240 US The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Authorized Person(s) Detail : Title MGR Title MANAGER Name SCHIER,JAMES R Name NEAL, PATRICK Address 5800 LAKEWOOD RANCH BLVD. Address 5800 LAKEWOOD RANCH BLVD. City-State-Zip: BRADENTON FL 34240 City-State-Zip: SARASOTA FL 34240 Title MANAGER Title MANAGER Name STOREY, MICHAEL Name REYNOLDS, NANCY Address 5800 LAKEWOOD RANCH BLVD. Address 5800 LAKEWOOD RANCH BLVD. City-State-Zip: SARASOTA FL 34240 City-State-Zip: SARASOTA FL 34240 Title MANAGER Title MANAGER Name CURRAN, PAMELA Name OAK,TIMOTHY Address 5800 LAKEWOOD RANCH BLVD. Address 5800 LAKEWOOD RANCH BLVD. City-State-Zip: SARASOTA FL 34240 City-State-Zip: SARASOTA FL 34240 Title MANAGER Name CIESIELSKI, DAN Address 5800 LAKEWOOD RANCH BLVD. City-State-Zip: SARASOTA FL 34240 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath;that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605,Florida Statutes;and that my name appears above,or on an attachment with all other like empowered. SIGNATURE:JAMES SCHIER MANAGER 10/19/2021 Electronic Signature of Signing Authorized Person(s)Detail Date 16A 6 2021 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT FILED DOCUMENT# L20000177942 Apr 23, 2021 Entity Name: HYDE PARK LAND HOLDINGS, LLC Secretary of State 8414384638CC Current Principal Place of Business: 5800 LAKEWOOD RANCH BLVD SARASOTA, FL 34240 Current Mailing Address: 5800 LAKEWOOD RANCH BLVD SARASOTA, FL 34240 US FEI Number: 85-2815693 Certificate of Status Desired: No Name and Address of Current Registered Agent: SCHIER,JAMES R 5800 LAKEWOOD RANCH BLVD SARASOTA, FL 34240 US The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Authorized Person(s) Detail : Title MGR Title MGR Name NEAL, PATRICK K Name SCHIER,JAMES R Address 5800 LAKEWOOD RANCH BLVD Address 5800 LAKEWOOD RANCH BLVD City-State-Zip: SARASOTA FL 34240 City-State-Zip: SARASOTA FL 34240 Title SEC Title MANAGER,ASST.SECRETARY Name HEIM, PRISCILLA G Name CURRAN, PAMELA Address 5800 LAKEWOOD RANCH BLVD Address 5800 LAKEWOOD RANCH BLVD City-State-Zip: SARASOTA FL 34240 City-State-Zip: SARASOTA FL 34240 Title MANAGER Name REYNOLDS, NANCY Address 5800 LAKEWOOD RANCH BLVD City-State-Zip: SARASOTA FL 34240 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath;that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605,Florida Statutes;and that my name appears above,or on an attachment with all other like empowered. SIGNATURE:JAMES SCHIER MANAGER 04/23/2021 Electronic Signature of Signing Authorized Person(s)Detail Date 16A 6 EXHIBIT Opinion of Probable Cost 16A 6 . ENGINEER'S OPINION OF PROBABLE COST SKYSAIL Phase 1B Additional Improvements HM File No.2017001 July 30,2021 Unit Quantity Unit Cost Total Cost PAVING&GRADING 3/4"Asphalt Paving-Type S-III-(1st lift) SY 2440 $4.00 $9,761.33 Prime for 2nd lift SY 2440 $0.60 $1,464.20 3/4"Asphalt Paving-Type S-III-(2nd lift) SY 2440 $4.50 $10,981.50 Prime limerock base SY 3138 $0.60 $1,883.00 Finish 6"Limerock Base SY 3138 $3.20 $10,042.67 12"Stabilized Subgrade SY 3766 $2.00 $7,532.00 1"Asphalt Paving-Type S-III SY 698 $5.00 $3,490.00 Valley Gutter(2'wide) LF 1405 $8.00 $11,240.00 Valley Gutter(3'wide) LF 60 $10.00 $600.00 5'Wide Conc.Sidewalk SY 298 $35.00 $10,430.00 6'Wide Conc.Sidewalk SY 2606 $35.00 $91,210.00 10'Wide Conc.Sidewalk SY 683 $35.00 $23,905.00 Type'D'Curb LF 790 $9.00 $7,110.00 Stabilized Limrock Cul-de-sac SY 929 $2.50 $2,322.50 Silt Fence LF 2200 $2.00 $4,400.00 - Paving Sub-Total $196,372.20 Unit Quantity Unit Cost Total Cost . Signage Marking&Lighting Street/Stop Signs w/decorative bases EA 1 $1,300.00 ' $1,300.00 Speed/No Outlet Signs w/decorative bases EA 1 $1,250.00 $1,250.00 Striping LS 1 $500.00 $500.00 Misc Signs(sidewalk ends,red diamond,ped x ahead,etc) LS 1 $500.00 $500.00 Fire Hydrant Markers EA 3 $15.00 $45.00 'Signage Sub-Total $3,595.00 Unit Quantity Unit Cost Total Cost WATER 10"PVC Water Main DRIB LF 500 $24.00 $12,000.00 10"PVC Water Main DR14 LF 40 $27.00 $1,080.00 8"PVC Water Main DR18 LF 52 $20.00 $1,040.00 • 8"PVC Water Main DR14 LF 96 $24.00 $2,304.00 10"Gate Valve and Box EA 4 $1,850.00 $7,400.00 8"Gate Valve and Box __ EA 4 $1,500.00 $6,000.00 1"Water Service EA 2 $1,500.00 $3,000.00 Fire Hydrant Assembly EA 3 $2,500.00 $7,500.00 Temporary Main Ending EA 3 $760.00 $2,280.00 Double Water Service EA 12 $1,150.00 $13,800.00 Single Water Service FA 3 $825.00 $2,475.00 Auto Flush Device EA 1 $5,000.00 $5,000.00 Temporary Main Bacteria Sample FA 1 $750.00 $750.00 Water Sub-Total $64,629.00 Unit Quantity Unit Cost Total Cost IQ MAIN 10"PVC Irrigation Main DR18 LF 240 $24.00 $5,760.00 10"PVC Irrigation Main DR14 LF 255 $27.00 $6,885.00 6"PVC Irrigation Main DR18 LF 47 $16.00 $752.00 6"PVC Irrigation Main DR14 LF 118 $18.00 $2,124.00 10"Gate Valve and Box EA 4 $1,850.00 $7,400.00 6"Gate Valve and Box EA 2 $1,250.00 $2,500.00 Double IQ Service EA 11 $1,150.00 $12,650.00 Single IQ Service EA 2 $825.00 $1,650.00 Temporary Main Ending EA 3 $760.00 $2,280.00 Irrigation Sub-Total $42,001.00 _ Unit Quantity Unit Cost Total Cost SEWAGE COLLECTION 8"PVC Gravity Sewer 0-6'Cut LF 223 $23.00 $5,129.00 8"PVC Gravity Sewer 6-8'Cut LF 720 $45.00 $32,400.00 ' Manhole 0-6'Cut EA 3 $5,000.00 $15,000.00 Manhole 6-B'Cut EA 1 $6,000.00 $6,000.00 6"Service Laterals LF 625 $14.00 $8,750.00 6"Cleanouts(double) EA 19 $400.00 $7,600.00 6"Cleanout(single) FA 6 $350.00 $2,100.00 Video Gravity Sewer LF 943 $4.00 $3,772.00 Video Gravity Sewer(1 year after acceptance) LF 943 $2.00 $1,886.00 Sewer Sub-Total $82,637.00 ( Barry-E.-Jone c=US, �s,,,,PAY'E,'1 ,, st=FLORIDA, J O'.`.,C'ENS`.�tP.'L I=Naples,o=Hole No 52875 -Z.'*' * .:*` Montes, Inc., I.o'., STATE of ,'��` cn=Barry E.Jones, it�'�.4ORIQP...4/$ email=barryjones °'''IONAi�E;; '�, @hmeng.com 2021.08.03 12:21:08-04'00' \\hm-dala\HMDATA-NP2\2017\2017001\SS\Skysail Ph 18 PPLA Engineers Opinion of Probable Cost 2021_07-19.xls 16A 6 • Unit Quantity Unit Cost Total Cost DRAINAGE _ --- FADSLF 486 $20.00 $9,720.00 10"ADS LF 198 $25.00 $4,950.00 12"ADS LF 258 $30.00 $7,740.00 Yard Drain IIEA 14 $500.00 $7,000.00 15"RCP LF 446 $26.00 $11,596.00 18"RCP LF 300 $32.00 $9,600.00 24"RCP LF 52 $45.00 $2,340.00 30"RCP LF 80 $60.00 $4,800.00 36"RCP LF 177 $95.00 $16,815.00 18"Flared End Section EA 1 $1,800.00 $1,800.00 36"Flared End Section EA 1 $3,000.00 $3,000.00 Type J-Junction Box EA 1 $4,500.00 $4,500.00 Type C-with Type P Bottom EA - 1 $4,000.00 $4,000.00 Type C-DB Inlet EA 7 $2,500.00 $17,500.00 _ Type C-VG Inlet EA 2 $2,900.00 $5,800.00 Drainage Sub-Total $111,161.00 Unit Quantity Unit Cost Total Cost MISCELLANEOUS 1'Sod Strip(back of curb) LF 1480 $0.45 $666.00 Landscape and Irrigation(Phase 1 B additional work only) LS 1 $5,344.00 $5,344.00 Misc. Sub-Total r $6,010.00 Construction Subtotal for bonding $506,405.20 GRAND TOTAL $506,405.20 • \\hm-data\HMDATA-NP2\2017\2017001\SS\SkySail Ph 1 B PPLA Engineers Opinion of Probable Cost 2021_07-19.xls I 6 A 6 ENGINEER'S OPINION OF PROBABLE COST SkySail Phase 1 HM File No.2017001 July 31,2020 Unit Quantity Unit Cost Total Cost Barry E.Jones PAVING&GRADING `t%rrrirrr„r Mobilization LS 1 $25,000.00 $25,000.00 ,,`� Y E �,,� C=US,st=FLORIDA, silt fence LF 13400 $2.00 $26,800.00 ;..O• PP1GEN'tt� I=Naples,o=Hole Clear&Grub AC 192 $900.00 $172,800.00 12"Stabilized Subgrade SY 56300 $2.00 $112,600.80 `*;' No 52675 • S. MOntes,IfIL., Valley Gutter(2'wide) LF 21616 $8.00 $172,928.00 Ev * *= ci=Barry E.Jones, Valley Gutter (3'wide) LF 52 $10.00 $520.00 1 STATE OF •,'� 5'Wide Conc.Sidewalk SY 7205 $35.00 $252,175.00 y�-o'•,.o <<r+ F aFr.7) -2S@ 6'Wide Conc.Sidewalk SY 5886 $35.00 $206,010.00 ''�;cSs,'CT I PG•?s�� 1 meng.com 10'Wide Conc.Sidewalk SY 3510 $35.00 $122,850.00 �,'h�'NAL-pp,`,` 277n 07 31 T e A Curb LF 3665 $13.00 $47,645.00 Type D Curb LF 198 $9.00 $1,782.00 . - Cr Type F Curb LF 1910 $14.00 $26,740.00 Parking Bumpers EA 25 $100.00 $2,500.00 Finish 6"Limerock Base SY 46093 $3.20 $147,497.60 Finish 10"Limerock Base SY 824 $5.00 $4,120.00 Prime limerock base SY 46917 $0.60 $28,150.20 3/4"Asphalt Paving-Type S-III-(1st lift) SY 38273 $4.00 $153,092.00 Prime for 2nd lift SY 38273 $0.60 $22,963.80 3/4"Asphalt Paving-Type S-III-(2nd lift) SY 38273 $4.50 $172,228.50 1"Asphalt Paving-Type S-III SY 1070 $5.00 $5,350.00 2.5"Superpave-Type SP-12.5 SY 824 $18.00 $14,832.00 - Temporary Construction Entrance LS 1 $5,000.00 $5,000.00 Pavement Sub-Total ,.1,723,584.9J Unit Total Unit Cost Total Cost Signage Marking&Lighting Street/Stop Signs w/decorative bases EA 14 $1,300.00 $18,200.00 Speed/No Outlet Signs w/decorative bases EA 40 $1,250.00 $50,000.00 Striping LS 1 $15,000.00 $15,000.00 Misc Signs(sidewalk ends,red diamond,ped x ahead,etc) LS 1 $10,000.00 $10,000.00 Fire Hydrant Markers EA 20 $15.00 $300.00 Light Pole Town&Country Post Top Fixture EA 57 $1,800.00 $102,600.00 Light Pole Cobra Head Fixture EA 2 $2,b00.00 $5,000.00 Sub-Total $201,100.001 Unit Total Unit Cost Total Cost WATER 8"PVC Water Main DR14 LF 403 $22.00 $8,866.00 8"PVC Water Main DRIB LF 9445 $20.00 $188,900.00 10"PVC Water Main DR18 LF 4501 $24.00 $108,024.00 8"Gate Valve and Box EA 20 $1,250.00 $25,000.00 10"Gate Valve and Box EA 8 $1,500.00 $12,000.00 Fire Hydrant Assembly EA 20 $2,500.00 $50,000.00 Air Release Valve EA 5 $1,650.00 $8,250.00 Temporary Main Ending EA 6 $760.00 $4,560.00 Double Water Service EA 109 $1,150.00 $125,350.00 Single Water Service EA 36 $825.00 $29,700.00 Auto Flush Device EA 5 $5,000.00 $25,000.00 Temporary Main Bacteria Sample EA 13 $750.00 $9,750.00 Permenent Main Bacteria Sample EA 4 $1,500.00 $6,000.00 Water Main Sub-Total $601,400.001 Unit Total Unit Cost Total Cost FORCE MAIN&PUMP STATION 6"PVC Force Main DR14 LF 183 $18.00 $3,294.00 8"PVC Force Main DR14 LF 1674 $23.00 $38,502.00 8"PVC Force Main DR18 LF 3126 $20.00 $62,520.00 6"Plug Valve and Box EA 1 $1,000.00 $1,000.00 8"Plug Valve and Box EA 4 $1,500.00 $6,000.00 Air Release Valve EA 2 $1,650.00 $3,300.00 Pump Station LS 1 $200,000.00 $200,000.00 Water Main Sub-Total $314,616.001 Unit Total Unit Cost Total Cost IQ MAIN 6"PVC Irrigation Main DR14 LF 255 $18.00 $4,590.00 6"PVC Irrigation Main DRIB LF 6730 $16.00 $107,680.00 8"PVC Irrigation Main DR18 LF 1190 $20.00 $23,800.00 10"PVC Irrigation Main DR14 LF 45 $28.00 $1,260.00 10"PVC Irrigation Main DR18 LF 2141 $24.00 $51,384.00 12"PVC Irrigation Main DR14 LF 50 $38.00 $1,900.00 12"PVC Irrigation Main DR18 LF 3949 $30.00 $116,470.00 6"Gate Valve and Box EA 14 $1,000.00 $14,000.00 8"Gate Valve and Box EA 3 $1,250.00 $3,750.00 10"Gate Valve and Box EA 5 $1,500.00 $7,500.00 12"Gate Valve and Box EA 7 $2,400.00 $16,800.00 Air Release Valve EA 9 $1,650.00 $14,850.00 Double IQ Service EA 114 $1,150.00 $131,100.00 Single IQ Service EA 25 $825.00 $20,625.00 Temporary Main Ending EA 5 $760.00 $3,800.00 Irrigation Sub-Total $521,509.001 H:12017t20170011SS1SkySail Ph 1 PPL Engineers Opinion of Probable Cost 07_28_2020.xls 16A 6 Unit Total Unit Cost Total Cost SEWAGE COLLECTION 8"PVC Gravity Sewer 0-6'Cut LF 1916 $23.00 $44,068.00 ` 8"PVC Gravity Sewer 6-8'Cut LF 2476 $45.00 $111,420.00 , 8"PVC Gravity Sewer 8-10'Cut LF 1318 $60.00 $79,080.00 8"PVC Gravity Sewer 10-12'Cut LF 1665 $70.00 $116,550.00 8"PVC Gravity Sewer 12-14'Cut LF 711 $80.00 $56,880.00 10"PVC Gravity Sewer 12-14'Cut LF 337 $90.00 $30,330.00 8"PVC Gravity Sewer 14-16'Cut LF 978 $110.00 $107,580.00 10"PVC GravitySewer 14-16'Cut LF 309 $130.00 $40,170.00 8"PVC Gravity Sewer 16-18'Cut LF 551 $140.00 $77,140.00 10"PVC Gravity Sewer 16-18'Cut LF 276 $150.00 $41,400.00 12"PVC Gravity Sewer 16-18'Cut LF 65 $170.00 $11,050.00 Manhole 0-6'Cut EA 11 $5,000.00 $55,000.00 Manhole 6-8'Cut EA 9 $6,000.00 $54,000.00 Manhole 8-10'Cut EA 8 $7,250.00 $58,000.00 Manhole 10-12'Cut EA 6 $8,000.00 $48,000.00 Manhole 12-14'Cut EA 6 $8,800.00 $52,800.00 Manhole 14-16'Cut EA 4 $9,500.00 $38,000.00 Manhole 16-18'Cut EA 3 $11,000.00 $33,000.00 - 6"Service Laterals LF 5570 $14.00 $77,980.00 6"Cleanouts(double) EA 115 $400.00 $46,000.00 6"Cleanout(single) EA 26 $350.00 $9,100.00 Video Gravity Sewer LF 10602 $4.00 $42,408.00 Video GravitySewer 1year after acceptance) ---- ( P ) LF 10602 $2.00 $21,204.00 Sewage Sub-Total $1,251,160.001 - Unit Total Unit Cost Total Cost -- DRAINAGE 8"HDPE LF 1185 $15.50 $18,367.50 10"HDPE LF 1024 $18.00 $18,432.00 12"HDPE LF 1189 $20.00 $23,780.00 15"HDPE LF 870 $22.00 $19,140.00 15"RCP LF 1237 $25.80 $31,914.60 18"RCP LF 1782 $32.00 $57,024.00 19"x 30"ERCP LF 278 $45.00 $12,510.00 24"RCP LF 1751 $45.00 $78,795.00 30"RCP LF 208 $55.00 $11,440.00 36"RCP LF 738 $70.00 $51,660.00 - 42"RCP LF 662 $90.00 $59,580.00 48"RCP LF 791 $150.00 $118,650.00 43"x 68"ERCP LF 60 $250.00 $15,000.00 18"Flared End Section EA 6 $1,800.00 $10,800.00 19"x 30"MES EA 4 $500.00 $2,000.00 24"Flared End Section EA 5 $2,000.00 $10,000.00 30"Flared End Section EA 1 $2,300.00 $2,300.00 36"Flared End Section EA 2 $2,600.00 $5,200.00 42"Flared End Section EA 3 $2,900.00 $8,700.00 48"Flared End Section EA 4 $3,200.00 $12,800.00 54"Flared End Section EA 1 $3,500.00 $3,500.00 Rip Rap with fabric SY 120 $150.00 $18,000.00 Headwall(Class I) EA 1 $15,000.00 $15,000.00 Type C-VG Inlet EA 23 $2,900.00 $66,700.00 Type D-VG Inlet EA 7 $3,200.00 $22,400.00 Type P-DB Inlet EA 2 $2,500.00 $5,000.00 Type J-VG Inlet EA 8 $3,500.00 $28,000.00 Type J-DB Inlet EA 2 $3,300.00 $6,600.00 Ditch Bottom Type"X" EA 5 $1,800.00 $9,000.00 Type P-9 Inlet EA 2 $3,250.00 $6,500.00 Type J-MH EA 4 $3,300.00 $13,200.00 Yard Drain Inlet EA 47 $1,000.00 $47,000.00 Water Control Structure EA 2 $4,500.00 $9,000.00 Drainage Sub-Total $817,993.101 Unit Total Unit Cost Total Cost MISCELLANEOUS 1'Sod Strip(back of curb) LF 5773 $0.45 $2,597.85 Lake Slope Sod SY 21350 $2.25 $48,037.50 Bahia Sod(PH.1 Perimter Berm 50'in Width) SY 45000 $2.25 $101,250.00 Temporary Construction Entry LS 1 $5,000.00 $5,000.00 Trees,Shrubs,Mulch LS 1 $558,527.00 $558,527.00 Littorals EA 24753 $4.00 $99,012.00 Irrigation(code req'd material within buffers,VUA,&LS screen only) LS 1 $36,800.00 $36,800.00 Turbidity Barrier LF 200 $80.00 $16,000.00 Drainage Sub-Total . $867,224.351 Construction Subtotal for bonding '$6,298,587.351 -- TOTAL $6,298,587.35 +10%Contingencies 5629,858.74 GRAND TOTAL $6,928,446.09 H:\2017\2017001\SS\SkySail Ph 1 PPL Engineers Opinion of Probable Cost 07 28 2020.xts ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP S 6 A 6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT To THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attol'nel Office al the time the item is placed on the agenda. All completed routing slips and original documents must-Ire received in the('ounty Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines 41 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#I through#2.complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 4 r a , 2. 3. County Attorney Office County Attorney Office 4. BCC Office Board of County . b Commissioners /51 11-09a1 5. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Lucia Martin—Development Review Phone Number X 2279 Contact/ Department Agenda Date Item was 10/12/2021 Agenda Item Number 16.A.6 Approved by the BCC Type of Document Plat 6_./. d „P`10-r,--F,o 6.f Number of Original Attached C oq a %A.c..v\i s 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? LM 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. LM 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 LM 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 LM signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 10/12/2021 and all changes made p N/A is not during the meeting have been incorporated in the attached document. The County Ul 1 an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the (1 Of N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the . an option for Chairman's signature. this line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 6 A 6 Prepared By and Return To: Vogler Ashton.PLLC 705 10'Ave West,Ste 103 Palmetto Florida.34221 81821 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SKYSAIL This Declaration (the "Declaration") is made as of the kr day of _ , 2021, by NEAL COMMUNITIES OF SOUTHWEST FLOR DA, LLC, a Florida limited liability company, (the "Declarant" or "Developer"), whose mailing address is 5800 Lakewood Ranch Blvd, Sarasota, Florida 34240. WITNESSETH: WHEREAS, Declarant is the owner of and/or is developing that certain real property within the County of Collier, Florida, described on Exhibit "A", attached hereto and made a part hereof (the "Initial Property" or"Property"); and WHEREAS, the Initial Property has or will be platted as an initial phase of"SkySail," and Declarant desires to establish thereon a planned community of residential uses, including multifamily and townhomes, as well as commercial uses, which community shall be subject to the terms of this Declaration as hereinafter provided;and, WHEREAS, this Declaration does not and is not intended to create a condominium within the meaning of The Florida Condominium Act, Florida Statutes Section 718.01, et seq., and none of the Property falls within or under The Florida Condominium Act; and, NOW, THEREFORE, Declarant declares that the above recitals are true and correct and shall be incorporated herein; and the Property, and such additions thereto as may hereafter be made pursuant to Article 2, is and shall be held, transferred, sold, conveyed, leased, occupied and used subject to the covenants, reservations, restrictions, conditions, easements, limitations, terms, obligations, charges, assessments and liens hereinafter set forth herein this Declaration, as same may be amended from time to time, all of which shall run with the land and be binding upon the land and all owners, successors, assigns and transferees acquiring any interest therein. ARTICLE 1 TERMS AND DEFINITIONS The following words and terms when used in this Declaration or any amendment or supplement hereto shall, unless the context clearly otherwise indicates, have the following meanings: 1.01. "Architectural Review" means the requirements of this Declaration that certain improvements or alterations to Lots or existing improvements be reviewed and approved, and where the context indicates,the review and approval procedures of Article 9. - 1- ISA 6 1.02. "ARC" means the Architectural Review Committee described in Article 9. 1.03. "Articles" means the Articles of Incorporation of the Association. A copy of the initial Articles of Incorporation of the Association is attached hereto as Exhibit G. 1.04. "Assessment" means any charge levied by the Association in accordance herewith against a Lot and the Owner of such Lot. The term Assessment shall refer collectively to all types of Assessments issued by the Board, including but not limited to the following types of Assessments: (a) "Regular Assessment" means the recurring periodic Assessment for each Owner's share of the Common Expense. (b) "Neighborhood Assessment" means any Assessment made for those expenses that are incurred primarily for the benefit of all Owners within a Neighborhood(s), as such primary benefit is determined by the Board of Directors. By way of example only, Neighborhood Assessments may be levied for expenses relating to unique Neighborhood amenities such as enhanced Lot Maintenance Services. Neighborhood Assessments may be levied upon Lots within the applicable Neighborhood at an equal rate, or, if elected by the Board, on the nominal size of the lot frontage as provided for in paragraph 5.06 hereof. The various Lot Types may each be deemed a separate Neighborhood, such as by way of example the Paired Villas may be deemed a separate Neighborhood, and may have additional Neighborhood Assessments associated with each Lot Type and Neighborhood. Neighborhood Assessments may also be imposed upon different geographical areas within the Project, for which unique marketing names are given for each Neighborhood; provided however, all Neighborhoods are nonetheless within the overall SkySail Project and subject to the provisions of the Declaration. (c) "Special Assessment" means any Assessment made under the authority of this Declaration other than a Regular Assessment and a Neighborhood Assessment. Special Assessments may include, but shall not necessarily be limited to, amounts reasonably necessary to supplement Regular Assessments and Neighborhood Assessments, the cost of bringing a particular Owner or Lot into compliance with this Declaration, the Articles, By-Laws or rules and regulations, including any standards, specifications, guidelines, or the like, made pursuant thereto, costs of acquiring, maintaining, operating, repairing or replacing Common Property, or the cost of any service, material or combination thereof obtained by the Association for the use and benefit of such Owner or his Lot as provided herein. Notwithstanding anything to the contrary herein,the term"CDD Assessments"means the special assessments imposed by the District, which CDD Assessments are in addition to, and separate from, the Assessments imposed by the Association as defined above. 1.05. "Association" means the Skysail Village Homeowners Association, Inc., a Florida corporation not-for-profit, its successors and assigns. 1.06. "Board" means the Board of Directors of the Association. 1.07. "By-Laws" means the By-Laws of the Association. A copy of the initial By- Laws of the Association is attached hereto as Exhibit H. -2- 1 6 A 6 1.08. "Code" means the code of ordinances for Collier County, as same may have been amended, effective as of the date this Declaration is recorded. 1.09. "Common Expenses" means the actual and estimated cost of the following: (a) The maintenance, management, operation, repair and replacement of any Common Property, and all other areas of the Subdivision maintained by or under the control of the CDD or the Association, as applicable; provided however, and notwithstanding anything to the contrary herein or otherwise, the Association's Assessments shall be utilized for any Common Expenses that are associated with the Association and its responsibilities and duties hereunder; whereas, the CDD Assessments shall be utilized for any construction, operation and/or maintenance expenses associated with that portion of the Common Property to be constructed, operated and/or maintained by the CDD, for other properties, including offsite properties, for which the CDD has accepted the responsibility for construction, operation and/or maintenance, or other expenses that are part of the CDD's Capital Improvement Plan. (b) Valid contractual obligations of the Association in excess of revenues, whether attributable to unpaid Assessments or otherwise. (c) Maintenance by the Association of areas within public rights-of-way or drainage easements or ditches adjoining or running through the Subdivision as may be provided in this Declaration or as determined by the Board. (d) Expenses of administration and management of the Association. (e) The cost of any insurance obtained by the Association. (f) Reasonable reserves, if not waived,as determined in accordance herewith. (g) Taxes and other governmental assessments and charges paid or payable by the Association,regardless of the current status to title of the Common Areas. (h) Utility charges and deposits therefor incurred in the carrying out of Association and obligations hereunder. (i) The cost of any other item or items designated herein as a Common Expense or reasonably or necessarily incurred by the Association or in furtherance of the purpose of the Association or a discharge of any obligations expressly or impliedly imposed on the Association by this Declaration or by law. 1.10. "Common Property" or "Common Areas" or "Common Elements" means all real property or interests therein, including easements, licenses and servitudes, owned by, dedicated to or granted or leased to a Perpetual Maintenance Entity, such as the Association or the CDD, together with all improvements thereto. The terms Common Property or Common Areas or Common Elements may be used interchangeably herein to mean and refer to the same things. Common Property also includes any personal property acquired by the applicable Perpetual Maintenance Entity if designated Common Property, and any property within the Subdivision which is not owned by the Perpetual Maintenance Entity but is nevertheless to be maintained or administered by it pursuant to an easement, license, this Declaration, or agreement with any person or entity,which maintenance/administration affords benefits to the Members. -3- 1 6 A 6 Notwithstanding anything to the contrary herein, any Common Property that is to be constructed, operated and/or maintained by the CDD shall be subject to CDD Assessments under the jurisdiction of the CDD's rules, regulations and ordinances; whereas any Common Property that is to be operated and maintained by the Association shall be subject to the Association's Assessments under the jurisdiction of the Association's rules,regulations and all provisions herein this Declaration. 1.11. "Community Development District" or"CDD" or "District"means the Hyde Park Community Development District 1, a local unit of special purpose government as established pursuant Chapter 190, Florida Statutes, which is a special taxing district with jurisdiction over the Property. 1.12. "County" means Collier County, Florida, a political subdivision of the State of Florida. Where County action is contemplated hereby, that action may be taken by the agent, official or other designee of the County as provided by the Code. 1.13. "Declarant" and/or "Developer" means the entities listed as Declarant in the introductory paragraph, NEAL COMMUNITIES OF SOUTHWEST FLORIDA, LLC, a Florida limited liability company, or its successors or assigns. For the purposes of this Declaration, including the Articles of Incorporation and By-Laws of the Association, all rights of Initial Landowner associated with its ownership of the Property and Lots shall be and are deemed to also be rights of Declarant, Developer and Declarant Member,just as if Declarant,Developer and Declarant Member owned the Lot. 1.14. "Declarant Member"means the Declarant and Developer, (collectively referred to herein as the "Declarant" and/or"Declarant Member"), and any successor or assignee of the Declarant having an interest in the Subdivision for the purpose of development and sale. Voting rights for Declarant Members are set forth in Article 3. Declarant Member is not required to own Lots in the Subdivision but may instead control Lots for purposes of development and sale; and as such, for the purposes of this Declaration, all rights of Initial Landowner associated with its ownership and control of the Property and Lots shall be and are deemed to also be rights of Declarant, Developer and Declarant Member,just as if Declarant, Developer and Declarant Member owned the Lot. 1.15. "Declaration" means this document, together with all amendments, supplements, and exhibits hereto. The rules & regulations of the Association and guidelines and specifications of the ARC are incorporated into this Declaration. 1.15a. "Governing Documents" means and refers to all documents governing the affairs of the Association and Subdivision, including the Declaration, as amended, supplemented and clarified, the Articles, the By-Laws and all Rules and Regulations of the Association, including the ARC guidelines and the like. 1.16. "Initial Landowner" is identified as the following specifically named entity: NEAL COMMUNITIES OF SOUTHWEST FLORIDA, LLC, and HYDE PARK LAND HOLDINGS, LLC, both Florida limited liability companies, (the "Initial Landowner"). The Initial Landowner is affiliated with the Developer and has agreed to subject its Property to the Plat and Declaration. For purposes of this Declaration, the Initial Landowner shall have the same rights, reservations and exemptions from provisions of this Declaration, including exemptions from paying Assessments,as the Declarant,Developer and Declarant Member. 1.17. "Lot" means a discrete lot or building parcel,whether improved or not, reflected on a recorded subdivision plat of the Subdivision, but excluding any platted land that is Common -4- I 6 A 6 Property. Where one or more platted lots are combined or otherwise reconfigured pursuant hereto, the term "Lot" means the reconfigured parcel. 1.17a. "Lot Types" means the varies types of Lots, as permitted by the Declarant, which may be included within this Subdivision, including but not limited to, the following: A. Single Family Detached, B. Single Family Attached—"Paired Villas"or"Villas"; and, C. Any other Lot Type, including Cottages,Townhomes and the like, that Declarant, in its sole and absolute discretion,desires to market and sell as a Lot in the Subdivision. D. Multifamily uses/units are authorized in the Subdivision. The Declarant exclusively reserves the right to add to, delete, alter, amend, modify, and change, in the Declarant's sole absolute discretion, the various Lot Types associated with this Subdivision. 1.18. "Lot Maintenance Services" means the various types of landscaping, lawn maintenance, or other similar services that the Declarant and/or Association, in their sole discretion, may elect to provide to Members'Lots for a monthly service charge/assessment. 1.19. "Member" means every person or entity qualified for membership in the Association. 1.20. "Neighborhood" means and refers to a portion of the Property, if any, defined herein or in a Supplemental Declaration as a unique geographic area for which Neighborhood Assessments may be applicable. The various Lot Types may each be deemed a separate Neighborhood for which Neighborhood Assessments may be assessed. Neighborhoods may also be given unique names for marketing purposes; provided however, all Neighborhoods are nonetheless within the overall SkySail Project and subject to the provisions of the Declaration. 1.21. "Owner" or "Lot Owner" or "Unit Owner" means the single or multiple owner of record of the fee simple title to any Lot, excluding those having such interest merely as security for the performance of an obligation. 1.21a. "Perpetual Maintenance Entity" means the entity designated by this Declaration and/or any Plat for the SkySail Subdivision that is responsible for the operation and maintenance of Common Property hereunder, which entities are the Association and the CDD; provided however, the Association shall be responsible for the private aspects of the Common Property to be operated and maintained by the Association, and the CDD shall be responsible for the public aspects of the Common Property to be operated maintained by the CDD. 1.22. "Nat" means the plat of(i) SkySail -Phase One, as recorded in Official Records Book , Pages through of the Public Records of Collier County, Florida; and (ii) any additional plats recorded as part of the addition of other real property as described in Article 2. 1.23. "Property" or "Properties" or "Initial Property" means all lands subject to this Declaration,including any additions thereto, and as initially set forth in Exhibit"A",attached hereto, as same may be amended, supplemented, re-platted, platted as additional phases, reconfigured, increased -5- 1 6 A 6 or decreased, all as set forth herein or within any subsequent plat, re-plat, amendment or supplement to the Declaration. 1.24. "Public Records" means the Public Records of Collier County, Florida. 1.25. "Regular Member" means all Owners with the exception of the Declarant Members. Voting rights for Regular Members are set forth in Article 3. 1.26. "Subdivision" means the Initial Property and any additions or reductions thereto pursuant to Article 2. The terms"Subdivision,""Subdivision Improvements,""Project,""SkySail Project,"and"Property"as these terms may be used interchangeably herein,shall mean and refer to each other and the same thing. 1.27. "Turnover Date" or"Turnover"means the earliest of the following dates: (a) The effective date on which Declarant Member surrenders its right to Declarant membership in writing; or (b) Three(3)months after ninety percent(90%)of all Lots in all phases of the Subdivision which will ultimately be operated by the Association have been conveyed to Members other than the Developer. 1.28. "Unit"or"Dwelling Unit"shall mean and refer to the residential structure constructed on a Lot. ARTICLE 2 PROPERTY 2.01. Initial Property. The Initial Property is subject to this Declaration, and is sometimes otherwise known as "SkySail." The Initial Property is set forth in Exhibit "A", attached hereto and incorporated herein. 2.02. Additions. Additional lands may become subject to this Declaration as follows: (a) Declarant shall have the right, without further consent of the Association or any Owners, to bring within the plan and operation of this Declaration any property that is contiguous or nearly contiguous to the Subdivision. Such additional property may be subjected to this Declaration as one parcel or as several smaller parcels at different times. Any additions under this Article shall be made by filing an Amended or Supplementary Declaration with respect to the additional property, which shall extend the operation and effect of this Declaration to such additional property. The Amended or Supplementary Declaration may contain such complementary additions and/or modifications of the covenants contained in this Declaration as may be determined by Declarant, in its sole and absolute discretion, to reflect any unique characteristics of the additional property, provided that such additions and/or modifications are not materially and substantially inconsistent with this Declaration. Notwithstanding anything to the contrary herein, Declarant and/or Developer reserve the right to make any modifications, changes, or deletions to the Common Areas, including the landscaping and landscape buffers, open spaces, and all other areas of the Initial Property and Property upon the addition of new property to the Subdivision. -6- 1 6 A 6 (b) Upon approval in writing of the Association, pursuant to an affirmative vote of the Owners of two-thirds (2/3rds) of all of the Lots then subject to the Declaration, the Owner (other than Declarant) of other property contiguous or nearly contiguous to the Subdivision who desires to add it to the plan of this Declaration and to subject it to the jurisdiction of the Association, may record an Amended or Supplementary Declaration with respect to the additional property,which shall extend the operation and effect of this Declaration to such additional property. (c) Nothing herein, however, shall obligate Declarant to add any property to the Subdivision, or to develop any such future portions of the Subdivision under a common scheme, development plan or the like, nor to prohibit Declarant from rezoning and changing plans with respect to such future portions. The Association, and all Owners by acceptance of a deed to or other transfer conveyance of their Lots, shall be deemed to have automatically consented to any such rezoning, re-platting, change, addition or deletion thereafter made by Declarant to the Property, including the Common Areas, and shall evidence such consent in writing if requested to do so by Declarant at any time (provided, however, that the refusal to give such written consent shall not obviate the general and automatic effect of this consent provision). Declarant reserves the right to change any of the Lot Types, sizes or configurations, the housing, building and dwelling unit plans, styles, sizes and configurations, the landscaping, recreational amenities and Common Property, and to change the general scheme of development, general development plan, and the like, in any way Declarant deems reasonable, in Declarant's sole and absolute discretion. (d) Multifamily uses/ units are authorized within the SkySail Subdivision and may be built within the Subdivision at Declarant's sole and absolute discretion. 2.03. The Property. Each of the Lots shall be developed and used solely for residential use in accordance with this Declaration. No business, commercial, religious, charitable or other enterprise of any kind shall be maintained upon or in connection with the use of any Lot. No residence or part thereof on any Lot shall be rented separately from the rental of the entire Lot. However, the Declarant shall have the right to maintain facilities on the Lots owned,controlled or maintained by the Declarant for sales and promotional purposes, and for maintenance purposes. The overall SkySail Project is a development project as depicted on site plans and drawings currently available and provides for a community of both residential uses on the Lots and possible commercial and other uses in areas designated as commercial on site plans(if any). Apartments and multifamily uses may also be utilized on lands within the Property as part of the SkySail Project, or on lands adjacent thereto. Commercial and other uses may also be permitted on lands within, near or adjacent to the Property. Declarant specifically reserves the right to change, supplement, amend, add to, delete and/or modify in any anyway the SkySail Project, the Subdivision and the Property, all in Declarant's sole and absolute discretion in furtherance of the development of the overall SkySail Project. 2.04. Entrance and Boulevard Landscaping. Entrance median(s) may be installed by Declarant within the various roadways within the Subdivision. Declarant does hereby reserve the right to (i) plant trees, hedges, grass and landscape, (ii) construct, operate, maintain, repair and replace entry way features and signs, and (iii) construct an entryway and signs identifying the property as "SkySail" or any specific Neighborhood, if any, therein, and to provide for irrigation and illumination of same, within the median strip dividing the roadway at the entrance, in any manner the Declarant, in its sole and absolute discretion, deems necessary and proper in order to identify and beautify such area. The maintenance of the median improvements, perimeter walls and fences shall be part of the Common Expenses to be paid by the applicable Perpetual Maintenance Entity. Declarant and Developer, and their -7- 1 6 A 6 successors, assigns, agents and invitees, hereby reserve and are granted an easement for ingress, egress, access and use on, over, under, through and across all entranceways, roadways and all Common Property within the Subdivision, which access and use easement shall continue until such time as Declarant and Developer no longer own or control any Lot within the Subdivision. 2.05. Telecommunications Agreements. The Developer, as joined by the Association,has entered into telecommunications agreements with Hotwire Communications, Ltd. for the provision of certain telecommunications services to the Subdivision, including television and intereet. Any charges incurred by the Association associated with these telecommunications agreements shall be paid by all Lot Owners as an Assessment. ARTICLE 3 MEMBERSHIP IN ASSOCIATION 3.01. Membership. The Owner of each Lot shall be a Member of the Association. There shall be no other Members except that the Declarant shall be a Member as hereinafter provided. Each Owner accepts membership and agrees to be bound by this Declaration, the Articles and By-Laws and the rules and regulations, including any standards, specifications, guidelines, or the like, made pursuant thereto. Membership is appurtenant to the ownership of a Lot and may not be transferred separately from the transfer of ownership of the Lot. Membership terminates upon the termination of an Owner's interest in a Lot. 3.02. Voting Rights. For the purposes of voting rights, the Association has two types of memberships that are (a) Regular Member and (b) Declarant Member. Regular Members are all Owners with the exception of the Declarant Members, if any. Regular Members are entitled to one vote for each Lot in which such Members hold a required ownership interest. There shall be only one vote for each Lot, which vote shall be exercised among the Owners as provided in the By-Laws. Declarant Members are the Declarant and any successor or assignee of Declarant having an interest in the Subdivision for the purpose of development and sale. Notwithstanding anything to the contrary herein, the Declarant Members shall, regardless of the number of Lots actually owned, if any, have a number of votes equal to three (3) times the total number of votes then held by Regular Members, plus one additional vote; Declarant Members need not own Lots to vote as provided for herein. If there is more than one Declarant Member, they shall divide and apportion their votes as they may agree. Declarant membership shall terminate on the Turnover Date. After the Turnover Date, Declarant Members who then own and/or control any Lot(s) for the purpose of development and sale shall be Regular Members. Voting, notices and all other matters affecting the Association may be conducted electronically, with electronic signatures and the like, all as permitted by law. 3.03. Control of Board During Development. Prior to the Turnover Date, Declarant shall have the exclusive right to designate, appoint and remove members of the Board, and directors designated by Declarant need not be Members. Election of directors shall otherwise be as provided in the By-Laws. After the Turnover Date,the Declarant shall be entitled to elect at least one (1) member of the Board for so long as Declarant(which includes the Initial Landowner)holds or controls for development or sale in the ordinary course of business the lowest percentage of Lots as is required by law then in effect at the time of recordation of this Declaration. Members other than the Developer are entitled to elect at least one (1) member of the board of directors of the Association three (3) months after fifty(50)percent of the Lots in all phases of the Subdivision which will ultimately be operated by the Association have been conveyed to Members. -8- 1 6 A 6 ARTICLE 4 COMMON PROPERTY/COMMON AREAS 4.01 Perpetual Maintenance Entity for Common Property. (a) CDD. The CDD, as further defined and discussed in Article 15, herein, has been designated to serve as the Perpetual Maintenance Entity of the various public improvements, facilities and components that make up the public aspects of the "Common Property" of the SkySail Project. As the Perpetual Maintenance Entity, the CDD will impose and levy taxes and assessments, in addition to the taxes and assessments imposed by the County and the Assessments set forth herein this Declaration that are imposed by the Association. The taxes and assessments of the CDD, (collectively the "CDD Assessments"), are required to be paid by all Lot Owners, their successors and assigns, and shall constitute a continuing obligation and binding lien on all Lots, running with the land. The CDD Assessments shall be utilized for expenses associated with that portion of the public Common Property that is dedicated to the CDD for construction, operation and/or maintenance, for other properties, including offsite properties, for which the CDD has accepted the responsibility for construction, operation and/or maintenance, or other expenses that are part of the CDD's Capital Improvement Plan. (b) Association. The Association has been designated to serve as the Perpetual Maintenance Entity of the various private improvements, facilities and components that make up the private aspects of the "Common Property" of the SkySail Project. As the Perpetual Maintenance Entity, the Association will impose Assessments, in addition to the taxes and assessments imposed by the County and in addition to the CDD Assessments. The Assessments of the Association are required to be paid by all Lot Owners, their successors and assigns, and shall constitute a continuing obligation and binding lien on all Lots, running with the land. The Association's Assessments shall be utilized for any Common Expenses that are associated with the Association's obligations, including its responsibilities and duties to maintain any private portions of the Common Property. 4.02. Description of Common Property / Common Areas. The Common Property (also referred to herein as the Common Areas and/or Common Elements) shall consist of the following property that is operated and maintained by the applicable Perpetual Maintenance Entity,with the further understanding that the CDD shall be responsible for the public aspects of the Common Property to be operated and maintained by the CDD, and the Association shall be responsible for the private aspects of the Common Property to be operated and maintained by the Association. Common Property shall not include any portion of the Subdivision that Declarant has conveyed and/or dedicated to the County: (a) The Common Property shall consist of those tracts and easements identified in the List of Holdings, as set forth in Exhibit "E," attached hereto and incorporated herein; and as Property is added to this Subdivision by Plat or otherwise, the List of Holdings shall be supplemented to reflect the additional Common Property. (b) The applicable Perpetual Maintenance Entity hall have the power, authority and responsibility to operate and maintain the Common Property, all as subject to this Declaration and the rules,regulation and ordinances of the Perpetual Maintenance Entity. -9- 16A 6 (c) The Perpetual Maintenance Entity has the authority to implement additional rules, regulations, resolutions and ordinances affecting the Common Property, and the operation and maintenance thereof,from time to time,as its Board determines to be in the best interests of the SkySail Project. (d) The Common Property shall include such additional Common Property as Declarant may elect to add to the Subdivision. (e) Declarant reserves the right to amend and alter the development plan and/or scheme of development of the Common Property, in Declarant's sole and absolute discretion, provided such amendment does not delete or convey to another party any Common Property designated, submitted or committed to common usage if such deletion or conveyance would materially and adversely change the nature, size and quality of the Common Property. Notwithstanding anything to the contrary herein, Declarant reserves the right to change the scheme of the development and general development plan of the Project, including but not limited to, additions to, and deletions of the Common Property, reconfiguration of Lots, change of uses, change of Lot types, and all other changes to the Subdivision and Subdivision Improvements so implemented by Declarant pursuant hereto. 4.03. Members Easement of Enjoyment. Every Member shall have a non-exclusive easement for the use and enjoyment of the Common Property. Said easement is appurtenant to and passes with the Member's Lot. Notwithstanding anything to the contrary herein, Declarant and Developer, and their successors, assigns, agents and invitees, hereby reserve and are granted an easement for ingress, egress, access and use on, over, under, through and across all entranceways, roadways and all Common Property within the Subdivision, which access and use easement shall continue until such time as Declarant and Developer no longer own or control any Lot within the Subdivision. 4.04. Delegation of Use. Any Owner may delegate his right of use of the Common Property to the members of his family,tenants or social guests,subject to this Declaration. 4.05. Waiver of Use. No Owner may exempt himself from personal liability for CDD Assessments,Assessments of the Association or any other Assessments nor release the Lot owned by him from the liens and charges for such CDD Assessments, Assessments of the Association or other Assessments by waiver of the use and enjoyment of the Common Property or non-use thereof, or the abandonment of his Lot. 4.06. Extent of Member's Easement. The rights and easements of enjoyment created herein are subject to the following: (a) The right of the Perpetual Maintenance Entity to establish reasonable rules and regulations, including any standards, specifications, guidelines, or the like, governing the use of the Common Property. (b) The right of Declarant to reserve onto itself additional non-exclusive easements in, on, under, through or over Common Property, and the right of Declarant to grant additional non-exclusive easements in, on, under, through or over Common Property to owners of property not part of the Subdivision for the purposes of access, ingress, egress, utilities or drainage. -10- 1 6 A 6 (c) MEMBERS' USE OF THE COMMON PROPERTY IS SUBJECT TO THE PROVISIONS OF THIS DECLARATION, WITH SPECIAL ATTENTION TO ARTICLES 12.06, 12.08, 12.15, 12.16, 12.17 AND THE PROVISIONS SET FORTH BELOW: DECLARANT, ASSOCIATION AND THE CDD SHALL NOT BE OBLIGATED TO PROVIDE SUPERVISORY PERSONNEL OR SECURITY FOR ANY PARK, LAKE, RECREATION AREA, RECREATIONAL AMENITY, OR ACCESS POINT, WETLAND, NATURE AREA OR ANY OTHER COMPONENT OF THE COMMON PROPERTY, INCLUDING POOL, POOL HOUSE, GATHERING AREA, TOT LOT/PLAYGROUND, BOARDWALK, OR OTHER AMENITIES. ALL PERSONS ARE HEREBY NOTIFIED THAT FROM TIME TO TIME WILDLIFE,INCLUDING BUT NOT LIMITED TO, ALLIGATORS, SNAKES, RODENTS, COYOTES, WILD HOGS, ANTS, BEES, WASPS, AND OTHER STINGING INSECTS (HEREINAFTER COLLECTIVELY "WILDLIFE") MAY HABITAT OR ENTER INTO THE PROPERTIES,LOTS AND DWELLING UNITS AND MAY POSE A THREAT TO PERSONS, PETS AND PROPERTY, BUT THAT THE LISTED PARTIES (AS DEFINED IN ARTICLE 12.16) ARE UNDER NO DUTY TO PROTECT AGAINST,AND DO NOT IN ANY MANNER WARRANT OR INSURE AGAINST,ANY DEATH,INJURY OR DAMAGE CAUSED BY SUCH WILDLIFE. WILD HOGS HAVE BEEN KNOWN TO DAMAGE SOD AND LANDSCAPING HOWEVER THE LISTED PARTIES ARE UNDER NO DUTY TO PROTECT AGAINST OR REPAIR ANY SUCH DAMAGE. ANY OWNER OR INDIVIDUAL ENTERING THE SUBDIVISION AND USING ANY PROPERTY, INCLUDING THE COMMON PROPERTY, SHALL DO SO AT HIS/HER OWN RISK AND HEREBY FOR HIMSELF/HERSELF AND HIS/HER FAMILY MEMBERS, TENANTS, INVITEES AND GUESTS, AGREES TO INDEMNIFY AND HOLD THE LISTED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS OR LOSSES OF ANY KIND ARISING FROM SUCH USE OF AND ENTERING INTO THE SUBDIVISION. ALL LOT OWNERS SHALL COMPLY WITH EXHIBIT "I," ATTACHED HERETO, REGARDING THE FLORIDA FISH AND WILDLIFE GUIDE TO LIVING WITH ALLIGATORS. 4.07. Recreational Use of Lake Tract L-5. The Association is the Perpetual Maintenance Entity of Lake Tract L-5 and has authorized certain recreational uses of Lake Tract L-5 to include fishing, swimming, wading, canoeing, kayaking or other recreational activities specifically permitted by the Association. "Lake Tract L-5" is hereby defined to mean that specific lake tract which is identified, labelled and depicted on the "SkySail — Phase One" Plat as "L-5." A canoe and/or kayak launch area may be provided within Lake Tract L-5, and if provided, shall be operated and maintained by the Association. The Association may adopt additional rules and regulations governing matters such as, but not limited to,the permitted activities,permitted locations and permitted hours of operation and use of the Lake Tract L-5's recreational amenities, and all such uses of Lake Tract L-5 shall be consistent and in compliance with the Association's rules and regulations governing same. NOTICE IS HEREBY GIVEN: THE DEVELOPER AND ASSOCIATION SHALL HAVE NO LIABILITY WHATSOEVER ASSOCIATED WITH THE USE BY LOT OWNERS, INCLUDING THEIR FAMILIES, GUESTS AND OTHER INVITEES, OF LAKE TRACT L-5; AND THE RISK OF ANY SUCH USE SHALL BE EXPLICITLY ASSUMED BY THE USERS OF LAKE TRACT L-5. ALL USERS OF LAKE TRACT L-5 DO HEREBY UNCONDITIONALLY RELEASE, HOLD HARMLESS AND INDEMNIFY THE DEVELOPER AND ASSOCIATION FROM ANY AND ALL LIABILITY, INJURIES, COSTS, DAMAGES AND CLAIMS OF ANY NATURE WHATSOEVER ASSOCIATED WITH THEIR USE OF LAKE TRACT L-5. Children and minors entering Lake Tract L-5 must be accompanied by a parent or legal guardian. Lake Tract L-5 shall be used in association and compliance with applicable permit requirements,regulations and other laws enacted by any governmental agency with jurisdiction. 4.08 CDD Drainage and Flowage Easement over Lake Tract L-5. The CDD is hereby granted,transferred and conveyed a drainage and flowage easement on, over and under Lake Tract L-5 for the purpose'of drainage, storage, retention and flowage of stormwater and surface water runoff, _11_ 1 6 A 6 including operation and maintenance of the CDD's surface water management system in compliance with permits issued by SFWMD. ARTICLE 5 ASSESSMENTS 5.01. Personal Obligation and Continuing Lien on Lot for Assessments. Each Owner of a Lot covenants and agrees to pay to the Association all Assessments levied with respect to such Lot so owned by an Owner, in accordance herewith. The covenant and agreement of an Owner shall begin upon acquisition of such ownership interest in a Lot by any means whatsoever, whether or not it shall be so expressed in any deed or other instrument. Each Assessment, together with Delinquency Charges as provided herein shall be the personal obligation of the Owner of such Lot at the time when the Assessment is due and shall remain the personal obligation of such Owner notwithstanding that such Owner may no longer own the Lot. The personal obligation to pay all Assessments, including all past due Assessments and Delinquency Charges, shall also pass to the successors in title of an Owner(and a first mortgagee acquiring title by any means whatsoever shall be deemed a successor in title to the Owner), and both shall be jointly and severally liable for all of the Assessments, including all past Due Assessments and any Delinquency Charges. All Assessments, together with such Delinquency Charges, shall also be a charge on the land/Lot and a continuing lien upon the land/Lot,which lien shall remain on the land/Lot and shall run with the land/Lot and title thereto, and such continuing lien shall pass to the successors in title of an Owner(which successors in title includes a first mortgagee who may acquire title by any means, including deed in lieu of foreclosure and foreclosure). The Association may record in the Public Records a "Notice of Lien" setting forth amounts claimed due the Association as to any one or more Lots. The execution and recording of such notice is not required in order for the continuing lien for Assessments to be valid. Any assessments paid by Declarant and Initial Landowner shall be as set forth in Article 5.16,below. 5.02. Purposes of Assessments. Assessments levied by the Association shall be used only for the purposes set forth in this Declaration, the Articles and By-Laws. Amounts assessed for Common Expenses shall be used for the general purpose of promoting the recreation, health, safety, welfare, common benefit and enjoyment of the Owners and occupants of the Subdivision, as may be authorized from time to time by the Board. 5.03. Regular Assessments. The amount and time of payment of Regular Assessments shall be determined by the Board after giving due consideration to the current maintenance, operational and other costs and the future needs of the Association. Regular Assessments may include amounts established for reserves (if any, and if specifically established by the Association and not otherwise waived). Not later than thirty (30) days prior to the beginning of each fiscal year, the Board shall estimate the total Common Expenses to be incurred for such fiscal year and the amount of the Regular Assessment to be paid by each Owner to defray such costs. Written notice of the annual Regular Assessment shall be sent to every Owner subject to such Assessment. Each Owner shall thereafter pay the Regular Assessment to the Association at such times and in such installments as may be established by the Board. In addition, if the Association elects to provide Lot Maintenance Services, as provided for in Article 14,herein,then the monthly service charges and other costs and expenses of the Association for providing such Lot Maintenance Services shall be a Regular Assessment, unless the Board determines to include such costs as a Neighborhood Assessment, which assessment shall commence upon the issuance of a certificate of occupancy by the County for the Lot. 5.04. Neighborhood Assessments. Neighborhood Assessments shall be determined in the same manner set forth in paragraph 5.03 hereof for Regular Assessments, provided that, any such Neighborhood Assessments shall apply only to the Lot Types or Units within the identified -12- 16A 6 Neighborhood. The various Lot Types shall each be deemed a separate Neighborhood for which Neighborhood Assessments may be assessed. Lot Maintenance Services applicable to a particular Lot Type or Neighborhood may be included in Neighborhood Assessments if not otherwise included as a Regular Assessment. 5.05. Special Assessments. The Association may levy such Special Assessments as are determined to be necessary or desirable in carrying out its responsibilities and duties under this Declaration. The amount and purpose of all Special Assessments shall be established by the Board, unless otherwise provided. All Special Assessments shall be due and payable at such times and in such installments as may be determined by the Board. Without limiting the generality of the foregoing, the Board may levy Special Assessments in the following circumstances: (a) Supplementary Amounts. If the Board determines that Regular Assessments or Neighborhood Assessments for the then current year are or will become inadequate to meet Common Expenses for any reason, it shall determine the estimated amount of such inadequacy and levy a Special Assessment against each Lot and Owner responsible for such Assessment. (b) Compliance. A Special Assessment shall be levied by the Board against a Lot and its Owner to reimburse the Association for costs incurred in bringing the Owner of such Lot and/or the Lot into compliance with this Declaration. (c) Improvement. The Association may levy a Special Assessment for the purpose of defraying, in whole or in part, the cost of any construction, improvement, acquisition, repair or replacement of a described improvement to the Common Property, or additional Common Property, or to any other property specifically maintained by the Association as set forth hereunder this Declaration, including property maintained by the Association for Lot Maintenance Service. After Turnover, Special Assessments for improvements must be approved by at least sixty (60%) percent of the votes entitled to be cast by Regular Members, or such higher percent of votes as may be specifically required elsewhere herein this Declaration. Prior to Turnover Date, Special Assessments must be approved by Declarant. Special Assessments for improvements may be used only for such improvements. (d) Services. If the Association provides materials or services which benefit individual Lots but which can be accepted or not by the Owner, then the amount paid or incurred by the Association on behalf of the Owner accepting or subscribing to such material or service shall be a Special Assessment against such Owner and his Lot. The Owner will be deemed to have agreed to such Assessment by subscribing to or requesting and accepting such material or service. (e) Fines. If the Association levies a fine against an Owner for a violation of the Declaration, the Articles, By-Laws or rules and regulations, including any standards, specifications, guidelines, or the like, promulgated pursuant thereto, in accordance with Article 12.14, or elsewhere herein, then the amount of such fine shall be a Special Assessment against such Owner and his Lot. 5.06. Sharing of Common Expense. All Regular Assessments and Special Assessments (other than those for compliance, services or fines) shall be levied in the proportion by which the Lots share the Common Expenses/Expenses,which proportion determination shall be based, in part, on the nominal size of the lot frontage, all as determined in a uniform and non-discriminatory -13- 16A 6 manner by the Board. The Board shall assign each Lot into a lot size class based, in part, upon the nominal front frontage of the Lot; provided however, irregular shaped lots, such as lots on a cul-de-sac, shall be assigned by the Board into a lot size class based upon factors other than lot frontage, which factors may include chassis size of the home or square footage of the proposed home. Lot size class assignments are subject to establishment and change by the Board. Special Assessments for compliance, services, fines or similar categories may not be uniform in amount or levied in the same proportions as Regular Assessments because of their nature, but shall be processed in a uniform and non-discriminatory manner. Neighborhood Assessment shall be levied upon all Lots and Lot Types within the applicable Neighborhood at an equal rate, or, if elected by the Board, on the nominal size of the lot frontage as provided for herein. 5.07. Commencement of Assessments. Regular Assessments and Neighborhood Assessments shall commence as to all Lots on the first day of the month following the recording of the first plat for the Subdivision. Regular Assessments and Neighborhood Assessments as to Lots brought under the Declaration pursuant to Section 2.02 shall commence on the first day of the month following the recording of the first plat for the property brought under the Declaration pursuant to Section 2.02. Special Assessments as to any Lots shall commence on the day established by the Board. 5.08. Certificate of Payment. The Association shall, upon request, furnish to any Owner a certificate in writing signed by an officer or authorized agent of the Association setting forth whether the Assessments on a specified Lot have been paid, and the date and amount, if known, of the next Assessments or installments coming due, together with the amount of any delinquency. Such certificate shall be conclusive evidence of payment of any Assessment therein stated to have been paid as to third parties without notice of facts to the contrary. 5.09. Assessment Rate. The Regular Assessments and Neighborhood Assessments shall be established by the Board as set forth above in Paragraphs 5.03 and 5.04. The Board shall adopt and levy the Regular Assessments and Neighborhood Assessments based upon the factors set forth in Paragraph 5.06, above, as well as the anticipated expense and number of Lots within the Subdivision, taking into consideration those Lots that may be exempt, if any,as provided for herein this Declaration. 5.10. Reserves. A. This Declaration does not establish reserve accounts nor is the Developer obligated to create reserves; and the Developer has waived and does hereby waive all reserve accounts prior to the Turnover Date. Notwithstanding anything to the contrary herein, at no time shall Developer and Initial Landowner be obligated to pay reserves. Notice is hereby given: THE BUDGET OF THE ASSOCIATION DOES NOT PROVIDE FOR FULLY FUNDED RESERVE ACCOUNTS FOR CAPITAL EXPENDITURES AND DEFERRED MAINTENANCE THAT MAY RESULT IN SPECIAL ASSESSMENTS REGARDING THOSE ITEMS. OWNERS MAY ELECT TO PROVIDE FOR FULLY FUNDED RESERVE ACCOUNTS UNDER SECTION 720.303(6), FLORIDA STATUTES, UPON OBTAINING THE APPROVAL OF A MAJORITY OF THE TOTAL VOTING INTERESTS OF THE ASSOCIATION BY VOTE OF THE MEMBERS AT A MEETING OR BY WRITTEN CONSENT. B. Subject to the limitations and qualifications set forth above in Subsection A., and below in Subsection C., the Board may, in its discretion, establish reserve accounts funded from Regular Assessments or Neighborhood Assessments in reasonable amounts for such purposes and in such categories as are determined by the Board. Initial Assessments shall not fund reserve accounts. Any decision of the Board with respect to reserves, including but not necessarily limited to, the establishment, non-establishment, continuation, discontinuation, level of funding or designation of purpose as to any -14- 1 6 A 6 particular reserve category, shall be subject to being modified or rescinded at any regular or special meeting of the Association called for such purpose, (i) by a majority vote of the Board prior to Turnover, and(ii) after Turnover, by the vote of Owners of 60% or more of the Lots in the Subdivision. Subject to the further limitations set forth below in Subsection C., use of any reserve for other than its designated purpose may be authorized only by a vote of Owners of 60%or more of the Lots in the Subdivision. C. Notwithstanding anything to the contrary herein this Declaration and this Article 5.10 to the contrary, reserve accounts, if established, shall first be utilized for Subdivision property preservation purposes, such as making necessary repairs and maintenance related improvements to Common Property, reconstruction and replacement of Common Property, capital improvements to Common Property, expenses associated with the Lot Maintenance Services, and the like, (hereinafter the "Property Preservation Purposes"); and no reserve accounts shall be utilized in any manner whatsoever, including borrowing therefrom, for non-Property Preservation Purposes, such as but not limited to, administrative fees, costs, expenses and salaries of the Association; accounting services and fees; legal services, costs and attorney's fees; director's fees, and the like, (hereinafter the "Administrative Costs"), unless and until the Association obtains an unconditional and unqualified opinion letter from the Association's attorney and a civil or structural engineer, (the "Unconditional Opinion Letters"), stating that the reserve account funds are not necessary to fund any Property Preservation Purposes. Notwithstanding anything to the contrary, and in addition to the provisions contained above, reserve account funds established for the Paired Villas' Lot Maintenance Services shall only be utilized for those Lot Maintenance Services and not for any Administrative Costs; this provision may not be amended unless(i)the Unconditional Opinion Letters are obtained,and(ii)all Lot Owners of the Paired Villas' Lot Type consent in writing. 5.11. No Offsets. All Assessments shall be payable in the amount specified and no offsets shall be permitted for any reason, including without limitation, a claim that the Association is not properly exercising its authorities and carrying out its responsibilities as provided in this Declaration. 5.12. Rights of Mortgagees. The lien of all Assessments provided for herein which accrue and become due and payable with respect to any Lot after a mortgage is recorded with respect thereto, but prior to the transfer or conveyance of title as a result of a foreclosure or a conveyance in lieu of such foreclosure, shall be subordinate to the lien of such mortgage. An Owner acquiring title to a Lot as a result of foreclosure or conveyance in lieu thereof, including a mortgagee, shall be jointly and severally liable with the previous Owner for all unpaid Assessments and any Delinquency Charges that came due up to the time of transfer of title; and the Association shall deem such unpaid Assessments and Delinquency Charges due and payable from the Owner acquiring title through such foreclosure or conveyance in lieu thereof. All Assessments, together with such Delinquency Charges, shall also be a charge on the land and a continuing lien upon the Lot, running with the land, with respect to which such Assessment is levied and such continuing lien shall remain on the Lot and pass to the successors in title of an Owner(which successors in title includes a first mortgagee or any mortgagee who may acquire title by any means, including deed in lieu of foreclosure and foreclosure). Nothing contained herein shall relieve an Owner from responsibility for Assessments for the period of time such Owner owned such Lot. Assessments against a Lot accruing prior to the recordation of a mortgage or after the acquisition of title as a result of foreclosure or conveyance in lieu of foreclosure shall be a lien against such Lot in the manner generally provided for herein. The Association shall make available for inspection upon request, during normal business hours and under reasonable circumstances, this Declaration, the Articles, By- Laws and the books, records and financial statements of the Association to Owners and the holders, insurers or guarantors of any first mortgages encumbering any portion of the Subdivision. Upon written request to the Association, identifying the name and address of the holder, insurer or guarantor, such holder, insurer or guarantor (the "Listed Mortgagee") of a mortgage encumbering a Lot and the legal -15- I 6 A 6 description of such Lot, the Association shall provide such Listed Mortgagee with timely written notice of the following: (a) Any condemnation, loss or casualty loss that affects any material portion of the Common Property; (b) Any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association; (c) Any proposed action which would require the consent of mortgagees holding a mortgage encumbering a Lot; and (d) Any failure by an Owner owning a.Lot encumbered by a mortgage held, insured or guaranteed by such Listed Mortgagee to perform his obligations under this Declaration, including but not limited to, any delinquency in the payments of Assessments, or any other charge owed to the Association by said Owner where such failure or delinquency has continued for a period of sixty(60)days. Any Listed Mortgagee shall, upon written request made to the Association, be entitled to financial statements for the Association for the prior fiscal year free of charge and the same shall be furnished within a reasonable time following such request. 5.13. Budget. The Board shall prepare annual budgets for Common Expenses associated with the Lots, and make copies thereof available to all Members requesting same. Copies shall be made available not less than thirty (30) days prior to the first day of the fiscal year to which such budget is applicable. After Turnover, any budget that provides for a Special Assessment for improvements or makes a provision for reserves inconsistent with a prior vote of the Members shall be submitted to the Members for vote as required herein. Failure of the Board to prepare, submit or adopt a budget in a timely manner shall not affect the validity of the budget once adopted, nor any Assessment adopted by the Board. Notwithstanding anything to the contrary herein or otherwise, the Association's Budget and associated Assessments shall only be utilized for any Common Expenses or other obligations that are associated with the Association and its responsibilities and duties hereunder; the Association shall not include CDD obligations or CDD Assessments in the Association's budget, unless both the Association and CDD have agreed to a sharing of operation and maintenance obligations and expenses in writing and such sharing is permitted by law. 5.14. Delinquency Charges. All Assessments and other amounts due the Association pursuant to this Declaration shall bear interest at the highest rate permitted by law then in effect, or such lower rate as the Board may from time to time determine. If any such Assessment is not paid when due, then a late charge shall be levied at the highest rate permitted by law then in effect, unless a lower rate is authorized by the Board. The liens in favor of the Association shall secure the amount of the Assessment, all interest accruing thereon, late charges and all costs incident to the collection thereof including a reasonable attorney's fee, and court costs,whether enforced by suit or otherwise; and, if by suit, whether at trial or any appellate level, and including fees for paralegals. The Association shall be entitled to recover such interest, late charges, costs and fees from any Owner personally liable for the Assessment as to which they apply. Such late charges, interest, costs and fees described herein shall be collectively referred to as "Delinquency Charges." Courtesy Notice of Late Assessment. Pursuant to Section 720.3085 (3)(c)1, F.S., a statutory form notice of late assessments must be delivered to the Lot Owner before the Association can require the payment of attorney fees related to past due Assessments. The notice must specify the amount -16- 1 6 A 6 owed and allow the Lot Owner has at least thirty (30) days to pay the past due Assessments without paying additional attorney fees. A sworn affidavit by a Board member, officer, or agent of the Association, or a licensed manager, attesting to the mailing will establish the Association's compliance with this requirement. 5.15. Remedies of Association Upon Non-Payment. If any Assessment or installment thereof is not paid by the due date specified by the Board, then such Assessment (including the full amount of any such Assessment accelerated by the Board in accordance with the Governing Documents) shall be delinquent and shall, together with Delinquency Charges with respect thereto, be a continuing lien on the Lot against which such Assessment was levied, running with the land and the title thereto, and also a personal obligation of the Owner binding the Owner thereof, his heirs, personal representatives, tenants, successors and assigns. Prior to bringing an action for foreclosure of a lien, the Association may record a"Notice of Lien" among the Public Records unless in the opinion of the Board, recording such notice is contrary to or prohibited by any then existing court order, statute or rule. A copy of such notice, whether recorded or not, shall be sent to the then Owner by United States mail, either certified or registered, return receipt requested at the Owner's address on the Association's records. Failure of the Association to obtain a receipt shall not prevent enforcement of a lien. If such Assessments, together with Delinquency Charges with respect thereto, are not paid in full within thirty (30) days after the date such notice is deposited in the United States mail, then thereafter the Association may institute suit to foreclose its lien. The recorded notice and lien shall secure not only the Assessments and Delinquency Charges reflected therein, but all unpaid Assessments and Delinquency Charges with respect to all such amounts which may accrue subsequent to the recordation of such notice and prior to the entry of a final judgment of foreclosure. The Association may at any time bring an action at law with respect to any Assessments and Delinquency Charges then due and payable but which have not been paid. Upon the timely payment or other satisfaction of all amounts specified in a Notice of Lien and all other Assessments and amounts which have become due and payable with respect to such Lot as to which such notice was recorded, together with Delinquency Charges as may be applicable, the Association shall furnish a release of such notice in recordable form, but shall not be responsible for the cost of recording. In addition to the foregoing remedies, the Association may also suspend the voting rights and suspend the use of any Common Areas maintained by the Association of any Member for the nonpayment of Assessments that are delinquent in excess of ninety(90) days. 5.16. Declarant Assessment. (a) Notwithstanding any provision of this Declaration, the Articles or By-Laws to the contrary, commencing with the execution of this Declaration and at all times prior to the Turnover Date, neither Declarant or Initial Landowner shall be obligated for nor subject to any Assessment of any kind, whether it be a Regular Assessment, Neighborhood Assessment, Initial Assessment or Special Assessment, for any Lot that it may own and/or control, nor shall Declarant and Initial Landowner ever be responsible for the payment of any reserves,which the Declarant has expressly waived. (b) In consideration of such exemption,Declarant shall be responsible for paying any cash shortages deficit that result from the Association's regular Common Expenses (which Common Expenses shall never include expenses related to reserves and other matters for which Special Assessments are imposed) exceeding the amount received or receivable from Lot Owners other than Declarant/Initial Landowner in the payment of their Initial, Regular, Neighborhood and Special Assessments levied against such Lot Owners or their Lots plus any other income of the Association, (the "Deficiency"). Notwithstanding the foregoing, the Association shall employ a fiscal management -17- 1 6 A 6 program designed to minimize the amount of any such Deficiency, including, without limitation, the deferral of expenses and elimination and/or waiver of reserves. In addition, the Declarant may loan to the Association such amounts as may be required by the Association to pay the Common Expenses not produced by all the Assessments actually received by the Association and the amount of the Deficiency paid by the Declarant. Such loans are intended to assist the Association in managing cash and provide short term borrowing to offset uncollected Assessments. The amount so loaned by the Declarant, together with interest at the rate then charged on delinquent Assessments, shall be repaid to the Declarant as funds are available to the Association, but in no event later than the Turnover Date. (c) Declarant may at any time give written notice to the Association that it is withdrawing its obligation to fund the Deficiency, effective not sooner than sixty (60) days after such notice, whereupon Declarant shall waive its right to total exemption from Regular, Neighborhood and Special Assessments. Sixty (60) days after the giving of such notice or sixty (60) days after the Turnover Date, whichever first occurs, each Lot owned and/or controlled by Declarant shall thereafter be assessed at 100% of the Regular and Neighborhood Assessment level established for Lots owned by Regular Members; provided, however, Declarant and Initial Landowner shall continue to not be responsible for any reserves or for any Special Assessments for compliance, services, fines or improvements not consented to in writing by Declarant. All such Assessments shall be prorated for the remaining months of the then current fiscal year, if applicable. 5.17. Initial Assessments. There shall be a one-time assessment (the "Initial Assessment") payable to the Association by each Owner who purchases a Lot from Declarant and/or Initial Landowner. The Declarant and Initial Landowner are not required to pay an Initial Assessment. The Initial Assessment shall be equal to the then-current annual Regular and Neighborhood Assessment established for the Lot; and further provided, the Board may revise the Initial Assessment amount, at any time, to an amount not to exceed the then-current annual Regular and Neighborhood Assessment established for the Lot. The Initial Assessment shall be established as of and paid at the time legal title to a Lot is conveyed by Declarant and/or Initial Landowner to such Owner. Initial Assessments shall be expended solely for regular Common Expenses and not for reserves (if any). Initial Assessments are not advance payments of Assessments and shall not affect the liability of an Owner of a Lot for Assessments. 5.18. CDD Assessment Notice. In addition to the Assessments set forth above in Article 5, all Lot Owners shall also be responsible for paying CDD Assessments, as imposed and levied by the Community Development District, which CDD Assessments shall constitute a continuing and binding obligation and lien on all Lots,running with the land. 5.19. Assessment Notices and Notice of Late Assessment. The Association shall maintain affirmative acknowledgements of Lot Owners related to any change in the method of delivery for notices of Assessments. An invoice for Assessments or a statement of account must be sent by first- class mail or electronic transmission to the Lot Owner's email address maintained in the Association's official records. Before changing the method of delivery for any invoice for Assessments or a statement of account, the Association must deliver a written notice of such change to the Lot Owner at least thirty (30) days before it sends the invoice for Assessments or the statement of account by the new delivery method. Lot Owners must affirmatively acknowledge their understanding that the Association has changed its method of delivering the invoices for Assessments or statements of account to delivery in writing or by electronic transmission. -18- 1 6 A 6 Courtesy Notice of Late Assessment. Pursuant to Section 720.3085 (3)(c)1, F.S., a statutory form notice of late assessments must be delivered to the Lot Owner before the Association can require the payment of attorney fees related to past due Assessments. The notice must specify the amount owed and allow the Lot Owner has at least thirty (30) days to pay the past due Assessments without paying additional attorney fees. A sworn affidavit by a Board member, officer, or agent of the Association, or a licensed manager, attesting to the mailing will establish the Association's compliance with this requirement. ARTICLE 6 DUTIES AND POWERS OF ASSOCIATION 6.01. General Duties and Powers. In addition to the duties and powers enumerated herein and under the Articles, as supplemented, and By-Laws, and without limiting the generality thereof, the Association shall: (a) enforce this Declaration, the Articles, By-Laws and rules and regulations, including any standards, specifications, guidelines, or the like, adopted pursuant thereto by appropriate means and carry out the duties and authority of the Association hereunder, including the establishment of rules,regulations,standards and specifications to do same; (b) own, convey, maintain, regulate and otherwise manage and operate the private portions of the Common Property [the CDD shall manage and operate the public portions of the Common Property]; (c) pay any real and personal property taxes and other charges assessed against the Common Property unless same are separately assessed to the Owners; (d) obtain all required utility and other services associated with the carrying out of the Association's responsibilities hereunder; (e) contract for and maintain such policy or policies of insurance as may be required hereunder or as the Board deems necessary or desirable to further the purposes of and protect the interests of the Association and its Members; provided further that such policies of insurance shall cover all Common Areas, regardless of the current status of title to the Common Areas, and shall name Declarant, or its successors and assigns, as an additional named insured on such policies of insurance for so long as Declarant, or its successors and assigns, retains ownership, control or use of any portions of the Common Areas; (f) have the power of entry upon any Lot reasonably necessary in connection with the carrying out of Association responsibilities hereunder; (g) have the power to acquire, accept, maintain, repair, improve and replace Common Property; (h) have the power to negotiate and contract for such materials and services for the benefit of Owners who subscribe to or elect to accept such materials or services, with payment for same to be separately billed to the Owners or advanced by the Association and repaid to the Association by Special Assessment for services; -19- 1 6 A 6 (i) have the power and dl4ty to maintain architectural control with respect to the Subdivision in accordance herewith; (j) sue and be sued,as further set forth in Article 12,below; (k) assess Members,establish fines,and enforce assessments and fines; (1) contract for other services and materials necessary to operate and maintain the Common Property, Common Element, and any other contract necessary to perform the Association's duties hereunder. 6.02. Implied Powers of the Association. The Association shall have all the power and authority reasonably necessary for it to carry out each and every of its duties set forth in this Declaration, the Articles, as supplemented, the By-Laws, or rules and regulations, including any standards, specifications, guidelines, or the like, made pursuant thereto, including any right or power reasonably to be inferred from the existence of any other right, power, duty or obligation given to it or reasonably necessary to effectuate its duties hereunder. The Association is hereby granted easements in, on, over, under, through and across all Lots (but not within any Dwelling Unit thereon), and all other property within the Subdivision, including all Common Property, as reasonably necessary,for the purpose of access, ingress/egress and to carry out the rights, duties and obligations of the Association as set forth in this Declaration,the Articles or By-Laws. 6.03 Right of Association to Contract for Telecommunications Services. The Association has the right to enter into telecommunications contracts with service providers, on an exclusive and/or nonexclusive basis,permitting the service providers the right to install, operate,maintain and provide certain telecommunications infrastructure and services to the Subdivision, which may include telephone, cable and Internet services. All Lot Owners shall be required to pay any fees and expenses associated with such telecommunications contracts and services that are required of and approved by the Association (or prior to turnover, that are approved by the Declarant) as a Common Expense and Assessment. ARTICLE 7 REPAIR AND MAINTENANCE 7.01. By the Association. Except as otherwise expressly provided, the Association shall be responsible for the maintenance, repair and replacement of the private aspects of any Common Property under its ownership, control or maintenance responsibility. Additionally, the Association may be responsible for any Lot Maintenance Services provided by the Association as set forth herein Article 14, below. The expense of the foregoing and the maintenance, repair, and replacement of the Common Property in general will be a Common Expense; provided,however, that if an item of maintenance, repair or replacement is a result of any intentional or negligent act of an Owner, his family, agents, contractors, tenants, guests, invitees or licensees, then the cost of such maintenance, repair or replacement, to the extent so caused, shall be the sole responsibility of the Lot Owner, and even though the cost thereof may be advanced as a Common Expense, same shall be billed to the Lot Owner and his Lot for reimbursement as a Special Assessment hereunder. Regarding nuisance and exotic plant species within the Common Property, the Association and CDD hereby adopt the following Maintenance Plan,with the understanding that only the applicable Perpetual Maintenance Entity responsible for that portion of the Common Property shall be responsible for its maintenance as set forth below: -20- 1 6 A 6 All upland areas including recreation, open space, conservation, wetland buffer and tree preserves areas are to be monitored annually to assure that no nuisance and exotic species are established. If any such species is found in the monitored areas, the vegetation will be removed by hand and done with care to not adversely impact surrounding vegetation; provided however, no action shall be taken to Preservation and Conservation Areas (identified as Tracts 700's and 800's on Plats) unless same is in accordance with an approved Resource Management Plat(RMP), approved by Collier County Environmental Permitting Division(EPD). 7.02. By Owners of Lots. Except as provided for elsewhere herein this Declaration, each Lot Owner shall be responsible for the maintenance, repair and replacement of his Lot and all improvements thereon and thereto, including any sidewalks thereon or adjacent thereto. If required by the Association, the Lot Owner shall be required to have the sidewalk within and/or adjacent to his Lot pressure washed or otherwise maintained at his cost and expense. Each Lot Owner shall maintain all improvements and landscaping on his Lot in good condition and repair and in an attractive condition in keeping with the high standards of maintenance throughout the Subdivision. The Association may establish various rules, regulations, standards and specifications, from time to time, regarding maintenance of Lots by Lot Owners, and all Lot Owners shall comply with same. In addition, each Lot Owner shall routinely maintain and irrigate any sodded or landscaped areas adjacent to his Lot from the platted Lot lines up to the curb(s) or edge(s)of right-of-way pavement, conservation/preservation areas, lakes/ponds, and/or exterior Subdivision boundaries, including sidewalks, (the"Adjacent Areas"), excluding fences,walls, signs, or other structures designated as a "Common Area" to the Subdivision installed by Declarant, CDD or the Association, which shall be the responsibility of the applicable Perpetual Maintenance Entity to maintain. The maintenance of such Adjacent Areas by each Owner shall at all times be subject to the rights and duties of Declarant, CDD and/or the Association to regulate, manage, modify, improve and control said Adjacent Areas as set forth in this Declaration, including the right to take over the foregoing maintenance responsibilities and discontinue Owner maintenance at any time. All irrigation of the Adjacent Areas shall be by the abutting Lot Owner's Lot Irrigation System at the expense of the Lot Owner. In no event shall Declarant, CDD or the Association be responsible, in any manner or form, for the natural growth of trees and other landscaping over time, or for any impact that such growth may impart on sidewalks,utilities, foundations or other improvements constructed on the Lots. Each Owner shall maintain such Lot and improvements and the foregoing Adjacent Areas at his sole expense in good condition and repair and in an attractive condition in keeping with the high standards of maintenance throughout the Subdivision. Maintenance by the Owner shall include, but not necessarily be limited to, all maintenance, painting, repair, replacement and care of the structures, fixtures, equipment, appliances, roofs, gutters, downspouts, exterior building surfaces, screening and caging, shutters and other decorative and functional attachments to the exterior of the improvements, walks and other exterior improvements, street trees, exterior lawn, landscaping and Lot Irrigation System. All such maintenance and repair shall conform to such maintenance standards as may be promulgated from time to time by the Board in accordance herewith. 7.03. Liability for Actions. A Unit Owner shall be liable for any personal injuries and for the expense of any maintenance, repair or replacement of any real or personal property rendered necessary by his act, negligence or carelessness, or by that of his family, agent, guest, employee, invitees or tenants. 7.04. Repair and Maintenance Standards. The Board and the ARC may from time to time adopt and promulgate repair and maintenance standards, specifications, guidelines, rules, regulations or the like, for the Subdivision, so long as such standards, specifications, guidelines, rules, regulations or the like, are reasonable and not contrary to the provisions of this Declaration. _21_ 1 6 A 6 7.05. Right of Association to Maintain. If an Owner has failed to maintain or repair his Lot or the improvements thereon as required by this Declaration,then the Association may, but is not obligated to, perform such maintenance and make such repairs that the Owner has failed to perform and make. All costs of maintenance and repairs shall be assessed to the particular Owner and his Lot as a Special Assessment. Until so collected, such costs shall be treated as a Common Expense. The Association may rely upon duly promulgated standards, specifications, guidelines, rules, regulations or the like for repair and/or maintenance in carrying out its responsibilities hereunder, and the Association shall not be liable for trespass or for any act or negligence in carrying out the maintenance using duly promulgated standards, specifications, guidelines, rules, regulations or the like, for repair and/or maintenance. The Unit Owner shall hold harmless and indemnify the Association for all acts associated with the Association's performance of repair and/or maintenance on a Unit Owner's Lot as set forth herein. In proceeding under this Section, the Association shall employ the procedures hereinafter set forth: a) In the case of an emergency, as determined by the Board, or when the Special Assessment to the Owner is $500.00 or less (including, but not limited to routine mowing and landscape maintenance), the Board or the Property Manager of the Association shall authorize, approve and cause the repair or maintenance to be performed. b) In all other cases: i) Upon finding by the Board of a deficiency in maintenance, the Board shall provide notice thereof in writing to the Owner, briefly describing the deficiency and setting forth the action needed to correct the deficiency. ii) If the Owner does not correct such deficiency to the reasonable satisfaction of the Board within fourteen (14) days of the Board's delivery of the notice, then thereafter the Association may perform such maintenance or repairs, and all costs and expenses, including reasonable administrative costs, associated therewith shall be charged and assessed against the Owner and his Lot. iii) All such maintenance and repair by the Association shall take place only during daylight hours on weekdays, excluding holidays, except in the case of an emergency. 7.06. Transfer of Maintenance to Governmental Authority. The Board may transfer any maintenance responsibility for any part of the Common Property,or for any item or items for which the Association has maintenance responsibility, to any special tax district, taxing unit, other public agency, authority or entity, organized or having jurisdiction of such matters without the necessity of Member approval, provided that such governmental authority or entity accepts such maintenance responsibility. If the transfer of such responsibility is accomplished, the Board shall retain the authority to supplement such maintenance to the extent such public authority does not maintain such items to an acceptable level as determined by the Board. _22_ 16A 6 ARTICLE 8 INSURANCE AND RECONSTRUCTION 8.01. Insurance by Association. The Association shall obtain and continue in effect such insurance in such amounts and coverages as the Board shall from time to time determine to be appropriate, necessary or desirable; provided further that such insurance shall cover all portions of the private Common Areas that are to be operated and maintained by the Association, regardless of the current status of title to the Common Areas, and shall name Declarant, or its successors and assigns, as an additional named insured on such policies of insurance for so long as Declarant, or its successors and assigns, retains ownership, control or use of any portions of the private Common Areas that are to be operated and maintained by the Association. All costs associated with such insurance shall be a Common Expense. 8.02. Lot Owner's Insurance. Each Owner shall be responsible for obtaining and maintaining in effect all such casualty, liability and other insurance with respect to such Owner and such Owner's Lot and Unit as the Owner may from time to time determine; provided however,the Owner shall be required to obtain and maintain in effect such casualty insurance policies in sufficient amounts to rebuild, repair or reconstruct any improvement on the Lot, including the Dwelling Unit, in the event of a casualty or other loss. The Association shall not obtain any such insurance on behalf of an Owner, nor shall the Association insure the Lots, Units or improvements thereto and thereon in any manner. Upon request, the Lot Owner shall provide insurance information, including name of the insurance carrier, policy number,amounts and limits of insurance coverage and liability to the Association. 8.03. Destruction of Improvements. (a) If any dwelling structure or other improvement upon a Lot shall be substantially damaged or destroyed, the Owner thereof shall repair, rebuild or reconstruct the improvements as soon after such casualty as may be practical. All such work shall require Architectural Review and approval as provided herein. (b) Notwithstanding damage to or destruction of improvements to a Lot, the Owner of such Lot shall remain liable to the Association for all Assessments in connection with such Lot, even though such Lot may not be fit for occupancy or habitation and even though such improvements are not reconstructed. (c) Within a reasonable time after such casualty, the Lot Owner shall remove all debris and portions of the improvements that cannot be preserved for incorporation into the replacement structure. All dangerous conditions shall be addressed and neutralized immediately. Debris shall be removed from the Lot no later than thirty (30) days after the date of the casualty. (d) Within thirty(30) days of the date of the casualty, the Owner of the affected Lot shall notify the Board in writing of the intention to rebuild or reconstruct. Failure so to notify shall be deemed evidence of such Owner's intention not to rebuild. Such Owner shall initiate Architectural Review within ninety (90) days of such notification, and shall commence rebuilding or reconstruction within sixty (60) days after final approval by the ARC as herein defined in Section 9.02, and prosecute same to full and swift completion. If for any reason the Owner of the affected Lot does not notify, initiate Architectural Review, commence, diligently pursue or complete such building or reconstruction within the time limits established herein, then such Owner shall be deemed to have elected not to -23- 16A 6 rebuild, and the Association shall have the rights and duties hereinafter specified. An Owner may at any time notify the Association in writing of an election not to rebuild. (e) If an Owner elects or is deemed to have elected not to rebuild the improvements so damaged or destroyed, then such Owner shall have the duty, at his expense, to remove all portions of the improvements remaining, including the slab and foundation, but excluding underground utility lines which shall be secured. The Owner shall supply fill and install sod so that the Lot shall give the appearance of a landscaped open space. Such work shall be completed not later than thirty (30) days after the date upon which the Owner elects or is deemed to have elected not to rebuild. (f) If an Owner fails to comply with any of the requirements of Sections 8.02 and 8.03, then the Association may, at its option but not obligation, perform such acts as are of the responsibility of the Owner and the cost of same shall be treated initially as a Common Expense, but charged and assessed against the Lot and its Owner as a Special Assessment. (g) Upon written application of an Owner, any of the time periods set forth in this Section may be extended by the Board for good cause. (h) The duties of the Association hereunder shall be performed by the Board. 8.04. Additional Provisions Relating To Paired Villas Lot Owner's Insurance. Notwithstanding anything to the contrary herein, and in addition to compliance with Sections 8.02 and 8.03, above, each Owner of the Paired Villas Lot Type shall be responsible for obtaining and maintaining in effect all such casualty, liability and other insurance with respect to such Owner and such Owner's Lot and Unit as the Owner may from time to time determine; provided however, the Owner shall be required to obtain and maintain in effect such mandatory casualty insurance policies in sufficient amounts to rebuild, repair or reconstruct the entire Paired Villas Unit in the event of a casualty. At the request of the Association, the Owner shall promptly provide the Association with the Owner's insurance company name, policy number(s), effective dates, coverage limits and amounts of coverage, or such other information as the Association may reasonably request, of and pertaining to the insurance requirements set forth herein. The Association shall not obtain any such insurance on behalf of an Owner, nor shall the Association insure the Lots, Units or improvements thereto and thereon, for the benefit of any Owners, in any manner. 8.05. Additional Provisions Relating To Destruction of Paired Villas Improvements. In addition to any of the requirements set forth in Sections 8.02 and 8.03, above, the following additional provisions specifically pertain to damage and destruction of the Paired Villas Lot Type: (a) If any Paired Villas Unit [dwelling structure] upon a Lot shall be substantially damaged or destroyed, the Owner thereof shall repair, rebuild or reconstruct the improvements as soon after such casualty or other event as may be practical. All such work shall require Architectural Review and specific approval by the ARC as provided herein. (b) Notwithstanding damage to or destruction of improvements to a Paired Villas Lot, the Owner of such Lot shall remain liable to the Association for all Assessments in connection with such Lot, even though such Lot may not be fit for occupancy or habitation and even during such times as the improvements are not yet reconstructed. -24- 1 6 A 6 (c) Within a reasonable time after such casualty or other event, the Lot Owner shall remove all debris and portions of the improvements that cannot be preserved for incorporation into the replacement structure. All dangerous conditions shall be addressed and neutralized immediately. Debris shall be removed from the Lot no later than thirty (30)days after the date of the casualty. (d) Within thirty (30) days of the date of the casualty or other event, the Owner of the affected Lot shall notify the Association Board in writing of the intention to rebuild or reconstruct, shall initiate Architectural Review within ninety (90) days of such notification, and shall commence rebuilding or reconstruction within sixty(60) days after final approval by the ARC of the Architectural Review, and shall diligently prosecute the construction to a timely completion. Notwithstanding anything to the contrary herein this Declaration, including Article 14, it is the specific intention and requirement of this Section 8.05 to require the Owners of the Paired Villas Lot Type to repair, reconstruct, replace and rebuild the entire dwelling Unit and all improvements thereon the Lot at the Lot Owner's sole cost and expense,with approval and consent by the ARC, and to not leave the Lot vacant or the dwelling Unit in a state of disrepair, regardless of whether the Lot Owner's insurance carrier provides coverage, whether insurance coverage is available, or whether the replacement could be considered a Lot Maintenance Service applicable to the end of the improvement's useful life. (e) If an Owner fails to comply with any of the requirements of Sections 8.02 through 8.05, herein, or if for any reason the Owner of the affected Lot does not notify the Association,initiate Architectural Review, commence, diligently pursue and complete such building or reconstruction within the time limits established herein, then the Association shall have the right, but not the obligation, to elect to perform such acts as are of the responsibility of the Owner and the cost of same shall be charged and assessed against the Lot and its Owner as a Special Assessment,running with the land and binding the Lot and its Owner as well as all successors in title, including a first mortgagee that may obtain title through foreclosure or deed in lieu of foreclosure; provided however,the Association may first treat the costs as a Common Expense of the Neighborhood and then convert same into a specific Special Assessment against the affected Lot and its Owner. Notwithstanding anything to the contrary herein, the Association shall have no obligation to repair, rebuild or reconstruct the Unit, or any improvements on the Lot, and the Owner shall remain liable for all such work. The Association's rights herein shall not be deemed to supersede any conflicting rights of any first mortgagees. (f) The Association, at its option, may obtain any such insurance as it deems reasonable and necessary, and all costs for same shall be Common Expenses associated with the Neighborhood and charged against all Owners as a Neighborhood Assessment or as a fee associated with any Lot Maintenance Services for the Paired Villas Lot Type. (g) Upon written application of an Owner, any of the time periods set forth in this Section may be extended by the Association Boards for good cause. (h) The duties of the Association hereunder shall be performed by their Boards. (i) Casualty & Other Events—Paired Villas' Lot Maintenance Services Exclusions. Notwithstanding anything to the contrary contained herein this Declaration, for all -25- 1 • A 6 casualty and all other events, including events caused by the negligent or intentional acts or omissions of the Lot Owner, his agents,guests or invitees,which necessitate the repair, maintenance and/or replacement of the Paired Villas' exterior roofs or exterior painting and repair of stucco, all of which are not deemed to be necessitated by the end of the useful life of the improvements, which determination shall be made by the Association, in its sole and absolute discretion, the Lot Owner shall be solely responsible for same, as such repairs, maintenance, replacement, repainting and the like shall not be a Lot Maintenance Service provided by the Association. In such an event,the Association may elect, in its sole and absolute discretion, but without any obligation, to either (i) review, approve the Architectural Review and then supervise the authorized work to be performed by the Lot Owner or(ii) perform the work itself, and the Lot Owner shall then be required to immediately(a) assign to Association any and all of Lot Owner's casualty or other insurance proceeds to perfoiiri the work, (b) obtain any required mortgagee joinders to fully and freely assign the insurance proceeds to Association, and (c) the Lot Owner shall directly pay to Association any additional costs and expenses reasonably necessary to complete the work that are not otherwise covered by the assignment of the insurance proceeds (if any). If the Lot Owner fails to timely perform the work and/or pay any costs and expenses related to the aforementioned work, then all costs and expenses related to the work shall be a Special Assessment due from the Lot Owner and continuing lien against the Lot Owner's Lot running with the land. (j) Notwithstanding of anything herein the Declaration to the contrary, including whether insurance proceeds may be available or cover a loss, the Lot Owner shall at all times be solely financially responsible for any and all repairs to his Paired Villas Unit, including completely rebuilding same, as well as all improvements on the Paired Villas Lot. ARTICLE 9 AUTHORIZED BUILDER AND ARCHITECTURAL REVIEW 9.01. Authorized Builder. In order to assure that the improvements within the Subdivision will be constructed with the level of quality and consistency desired by the Declarant, no improvements may be constructed on any Lot within the Subdivision by any builder or contractor other than the builder(s) approved by Declarant, in its sole and absolute discretion; and after the Declarant no longer owns or controls any Lot within the Subdivision, then as approved by the ARC (the "Authorized Builder"). No improvements made, installed, constructed and/or built by Declarant in the Subdivision shall be required to undergo ARC approval or any other approval by the Association. 9.02. Architectural Review Committee. There is hereby established an Architectural Review Committee(the "ARC"). The ARC shall use its best efforts to promote and insure a high level of design, quality, harmony, maintenance standards, quality of life and appearance throughout the Subdivision consistent with this Declaration. Prior to the Turnover Date, unless the Declarant shall otherwise specify in writing, the Declarant shall constitute the ARC, and may approve Plans and Submissions, as defined in Section 9.05, and make all Architectural Review decisions and approvals or take other actions on behalf of the ARC in Declarant's own name or in the name of the ARC. After the Turnover Date, or earlier determination by Declarant no longer to serve as the ARC, the ARC shall be composed of at least three (3) individuals appointed by the Board, each of whom shall be an Owner but not related or affiliated with a Board Member. The ARC shall act by simple majority vote. In the event of the death, resignation or other removal of any Board appointed member of the ARC, the Board shall appoint a successor. No member of the ARC shall be entitled to compensation for,or be liable for claims, causes of action or damages arising out of services performed pursuant to this Declaration. Members of -26- 1 6 A 6 the ARC shall serve terms established by the Board, and may be removed with or without cause by the Board. 9.03. Architectural Standards. The ARC may, from time to time, adopt and modify design and development standards, rules, guidelines and specifications for the Subdivision (the "Standards"). The Standards may be different for each Neighborhood and Lot Type. The Standards may include, but are not necessarily limited to, standards for(a) architectural design and size of improvements to be constructed upon a Lot; (b) fences, walls, pools, spas and similar structures; (c) exterior building materials and colors; (d) exterior lighting; (e)lawn and landscaping materials and minimum requirements; (f) setback, height, bulk and design criteria; (g) design, materials and colors for homes, roofs, improvements,drives and walks; and other matters assigned to the ARC by this Declaration,or the Board. The Standards shall be deemed to include any mandatory architectural requirements, prohibitions and guidelines contained in this Declaration. 9.04. Approval Required. Architectural review and the written approval of the ARC, ("Architectural Review"), shall be required for the construction, restoration, reconstruction or expansion of any improvement upon a Lot; for any reasonably visible exterior alteration or modification to an existing improvement on a Lot; for any maintenance or repair of an improvement to a Lot which will result in the application or use of materials of a different type, color or quality than those in use prior to this maintenance or repair; for any landscaping or material change or addition or reduction to the landscaping or lawn of any Lot, other than for plantings within a substantially enclosed courtyard area; and for the construction, installation, restoration, reconstruction, enlargement or alteration of any fence, wall, tennis court, screen enclosure, pool, patio, utility line, solar energy device, decorative structure, outbuilding or other installation, device, equipment or structure which will alter the appearance of the Lot or existing improvements located thereon when viewed from adjacent Lots, the adjacent street or in any other instance where architectural review is required under this Declaration (collectively, the "Improvements"). Anything contained herein to the contrary notwithstanding, all such Improvements, alterations, installations, facilities and applications made by the Declarant as part of the original construction, improvement, development and sale of the Subdivision, including, without limitation, the construction of homes and units by Declarant, whether made before or after Turnover of control of the Association, shall not require architectural Review nor approval of the ARC. Notwithstanding anything to the contrary herein, in the event the Association is responsible for exterior maintenance of any dwelling unit, such as but not limited to, painting or roof maintenance or other Lot Maintenance Services, then the ARC may, in its sole and absolute discretion, prohibit any exterior attachment, modification, restoration, reconstruction, expansion or other improvement of any kind whatsoever. 9.05. Procedure. In order to obtain the approval of the ARC for any proposed Improvements,there shall be submitted to the ARC a written application for approval and at least one(1) complete set of plans and specifications for the proposed Improvements (the "Plans"). The Plans shall include, as appropriate to the proposed Improvements, (a) a site plan for the Lot showing location and dimensions of all proposed and existing structures,pavement and landscaping to be installed or removed; (b) complete floor plans and exterior elevations of all proposed structures, drawn to scale and reflecting the number of square feet within air conditioned living areas and other areas; (c) specification of all materials to be used, including type, color and nature; (d) specification of plant and other materials proposed for landscaping; (e) location, dimension, description and specifications for any other proposed Improvements; and (f) samples of material and proposed colors for external application. The ARC may also require the submission of additional information and materials as may be reasonably required by the ARC to evaluate the proposed Improvements(the "Submissions"). The ARC may waive formalities in the approval process, and may waive specific requirements if it deems the Plans and Submissions submitted provide the information reasonably -27- 1 6 A 6 necessary for ARC review. The ARC shall review and evaluate all applications and either approve or disapprove, or approve in part and disapprove in part, the application. The ARC shall issue its approval or disapproval in writing, and specify its reasons for disapproval and annotate its decision by reference to this Declaration and the Standards, if applicable. To the extent practical,the ARC shall indicate as part of any disapproval, the general or type of changes necessary in the submittal in order to achieve approval. The ARC may specify conditional approval, setting forth written stipulations for changes required for approval. If the applicant accepts such stipulations, the proposal shall be deemed approved, subject to the stipulations. No work shall proceed except in strict compliance with this Declaration and the approval of the Architectural Review by the ARC, and any Improvements or work performed without such approval may be required to be removed by the Board at the Owner's sole cost and expense. If any landscaping, construction or other Improvements or alterations requiring ARC Architectural Review and approval shall be commenced and completed without Architectural Review and approval by the ARC, or a variance with approved Plans and Submissions, then such construction or other Improvements may at any time thereafter be required to be removed or altered to comply with such Plans and Submissions as may be approved by the ARC, and such removal or alteration shall be at the Owner's sole cost and expense. Nothing shall prevent an Owner from making application to the ARC for approval of Improvements already commenced or completed, but during the period of such application, the Owner shall not perform any more work until the ARC has acted. The ARC shall not have any increased obligation to approve merely because an Owner has already commenced or completed Improvements in violation of this Declaration. 9.06. Routine Matters. In instances in which ARC has established specific written standards approving certain colors, materials, decorative or other items of routine maintenance, repair or minor improvements, an Owner may comply with such specific and written standards without the necessity of submitting an application to or obtaining formal approval of the ARC. 9.07. Scope of Review. The ARC shall review and approve or disapprove all Plans and Submissions solely on the basis of aesthetic standards as to the aesthetic quality of materials and workmanship to be used, suitability and harmony of location,structure and external design in relation to surrounding topography, structures and the overall benefit or detriment which would result to the immediate vicinity and to the Subdivision as a whole,and any other factors deemed relevant to the review by the ARC in its opinion, reasonably exercised. The ARC shall take into consideration the aesthetic aspects of the architectural design, placement of buildings, color schemes, exterior finishes and materials and similar features, and shall not be responsible for reviewing, nor shall its approval of any Plans be deemed approval of any design or plan from the standpoint of structural safety or conformance with building or other codes. 9.08. Miscellaneous Provisions. The Board and the ARC may adopt reasonable rules and regulations, including any standards, specifications, guidelines, or the like, for the conduct of its authority, and the Board may establish reasonable fees for Architectural Review and review of other matters authorized by or set forth herein the Declaration. The Association shall maintain records of all Architectural Review proceedings, and shall furnish a certificate in recordable form upon the request of any Owner verifying the compliance or non-compliance of such Owner and his Lot with the Architectural Review provisions of this Declaration. 9.09. Mandatory Tree Planting and Maintenance. Unless provided for as a Lot Maintenance Service, the Owner of each Lot shall be responsible for the planting and maintenance of replacement trees on such Lot as required by the County pursuant to final site plan approval for SkySail. The number, size, type and location of trees to be planted shall be set forth on the Plans and Submissions _28_ 1 6 A 6 approved by the ARC, as provided for herein. Existing native trees may be permitted to be used to fulfill these requirements whenever they meet spacing and size requirements as set forth herein. The Developer shall initially be responsible for the initial installation and maintenance of the trees until such time as the Lot is sold or transferred to a subsequent Lot Owner, at which time that Lot Owner shall be fully responsible for the maintenance and replacement of any street trees, all as set forth herein. Any costs borne by the Developer associated with the installation and maintenance of the street trees may be passed on and charged to the subsequent Lot Owner. In the event a street tree dies or is removed, the Lot Owner is responsible for replacing the street tree (per the requirements set forth herein)within thirty (30) days. If an Owner has failed to comply with the requirements of this Section 9.09, then after notice and compliance with the procedural requirements of this Declaration,the Association may take such action as is necessary to achieve compliance. All costs of the Association in so doing shall be assessed to the particular Owner and his Lot as a Special Assessment. Until so collected, such costs shall be treated as a Common Expense. No certificate of occupancy will be issued for any home to be constructed on a Lot until the conditions of this Section have been satisfied. ARC approval as required by this Article 9 shall be withheld until such time as the Plans and Submissions presented for each Lot comply with the replacement tree planting obligations provided for herein. Upon such initial planting, each Lot Owner shall be responsible for maintenance of the replacement trees and such trees may not be removed without appropriate permits and authorizations provided by the County and further approved by the ARC. ARTICLE 10 USE RESTRICTIONS The following protective restrictions, limitations, covenants, conditions and agreements are hereby imposed upon the Subdivision and shall apply to all Property in the Subdivision, which includes all Lots, and shall also apply to all Members/Owners and their tenants and their respective guests, families, invitees, agents, employees, contractors, licensees and all other persons occupying such Lots or in actual or constructive possession, control or use thereof. 10.01. Residential Use. No Lot shall be used for anything other than residential purposes and in accordance with the Code and other applicable zoning and governmental land use regulations and this Declaration. 10.02. Height Limitation. No dwelling house or other building shall be more than two (2) stories in height, nor more than thirty five (35) feet above the grade of the crown of the street upon which the Lot fronts. 10.03. Garages and Outbuildings. All garages shall be private garages with a capacity for at least one (1) and no more than three (3) passenger vehicles, unless otherwise approved by the ARC. 10.04. No View Easements. Ownership of a Lot in the Subdivision does not carry with it any view easements. Adjacent property owners may be permitted to construct dwelling units, accessory structures, pool cages, install fences and/or landscaping that may obstruct views over and across other properties. 10.05. Setbacks. All structures shall be so located upon a Lot so as to comply with the setback requirements of the zoning regulations and Code. The ARC may require a greater, or approve a lesser, setback if it finds that under the specific circumstances such alteration is reasonable and appropriate and will result in a Lot developed and used in an appropriate manner not detrimental to surrounding properties; provided, however, that the approval by the ARC of a reduced setback shall not affect the obligation of the Owner of a Lot to comply with the Code. -29- 1 6 A 6 10.06. Recreational Vehicles. No trailer, camper, motor home, boat, boat trailer, canoe,motorcycle, golf cart,ATV, or any similar recreational vehicle shall be permitted to remain upon a Lot unless within an enclosed garage, other than for temporary parking, unless prior approval has been granted by the ARC. Temporary parking shall mean the parking of such vehicles belonging to or being used by Owners or their guests for loading and unloading purposes only; and in no event may temporary parking occur during the overnight hours from 8:00 P.M. to 6:00 A.M. All temporary parking shall be restricted to paved driveways, however, sidewalks may never be blocked or obstructed in whole or in part. The ARC may approve special storage arrangements for such vehicles, imposing such locational, time and other conditions as it may determine. 10.07. Other Vehicles. No commercial vehicles, such as commercial trucks, vans, tractors, service vehicles or other commercial vehicles shall be permitted to remain on or adjacent to a Lot other than for temporary parking unless parked within an enclosed garage. Temporary parking shall mean the parking of such vehicles while being used in the furnishing of services or materials to occupants of Lots, or being used by occupants of Lots for loading and unloading purposes only; and in no event may temporary parking occur during the overnight hours from 8:00 P.M. to 6:00 A.M.. Notwithstanding the foregoing, Owners or other appropriate occupants of a Lot having a van or pick-up truck for personal transportation purposes only, and not for commercial use, may park such vehicle on the driveway of their Lot. No vehicle may block or obstruct in anyway a sidewalk in whole or in part. 10.08. Animals and Pets/Dog Park. Only common domesticated household pets may be kept on any Lot or improvements thereto, and in no event may such pets be kept for breeding or any commercial purposes. No other animals, livestock, reptiles or poultry of any kind shall be kept, raised, bred or maintained on any portion of the Subdivision. Approved household pets may not be kept in unreasonable numbers. Permitted pets shall be kept only subject to and in accordance with this Declaration and any other rules and regulations as shall be promulgated from time to time by the Board, and unless otherwise provided by the Board, shall be kept on a leash and accompanied by its owner except when within a fenced or other enclosed area, and further provided, while outside, such dogs and permitted pets shall not be permitted to bark or otherwise become a nuisance or annoyance to a neighbor. Pets may only be kept on a Lot and on the Property in a reasonable number,which shall be determined by the Association, in its sole and absolute discretion. All permitted pets shall be licensed and vaccinated as required by any local law or ordinance governing same. Any such pets, whether from number, disposition or otherwise, that cause, create or contribute to a nuisance or unreasonable disturbance or annoyance, may be required to be permanently removed within ten (10) days of receipt of written notice from the Board to the Owner or other person responsible for such pet. Pet owners are responsible for cleaning up any mess created by their pets within the Subdivision. Excrement which is not picked up shall be deemed a nuisance hereunder. All pet owners are responsible for the actions of their pets, and each pet owner agrees to indemnify the Association and Declarant and hold them harmless against any loss or liability of any kind or character whatsoever arising from or growing out of having any animal on or within the Subdivision. The Board may adopt rules and regulations, including any standards, specifications, guidelines, or the like, that are more restrictive than the provisions of this Declaration for the regulation of pets when necessary to promote the health, safety and welfare of the Subdivision and its occupants. Failure of any Owner to fully comply with the provisions of this Article shall result in per diem fines for each day of noncompliance at the highest rate permitted by law then in effect. The Association or CDD may provide specific and gated areas of the Common Property for use as a Dog Park. All Owners utilizing any Dog Park provided by the Association or CDD shall abide by the provisions of this Article 10.08, the rules and regulations of the Association pertaining to animals -30- 1 6 A 6 permitted in the Subdivision, and any local, state and federal laws regarding pets/animals. In addition to any other rules of the Association or CDD, as applicable, regarding pets and the Dog Park, which their respective Boards may enact from time to time,the following rules shall apply to the Dog Park: Dog Park Rules and Policy 1. Owners must accompany their dogs in the park at all times. 2. No more than two(2)dogs per person are allowed at one time. 3. Children are not allowed in the dog park,unless accompanied by a guardian. 4. Owners are responsible for picking up after their dog. 5. All dogs must wear proof of license and have proper vaccinations. 6. Dogs in heat are not allowed in the park. 7. Dogs with bad behavior will be required to leave the park. 8. Persons and pets entering the Dog Park do so at their own risk; the Association, CDD, Declarant and Listed Parties are not responsible or liable for any actions, damages, losses or injuries to persons,pets or property. 10.09. Antennae and Masts. No television, radio or other electronic or communications antenna, mast,dish,disk or other similar device for sending or receiving television,radio or other communication signals shall be permitted upon any Lot or improvement thereto, except in conformance with uniform rules and standards established by the ARC. No such device is permitted under any circumstances if it sends, contributes to or creates interference with any radio, television or other communication reception or interferes with the operation of other visual or sound equipment located within any part of the Subdivision. In the event the Association is responsible for exterior maintenance of any dwelling unit, such as but not limited to painting or roof maintenance, then the ARC may, in its sole and absolute discretion,prohibit any such antenna, mast,dish, disk or similar device. 10.10. Miscellaneous Visual Restrictions. (a) No clothes lines or clothes poles shall be erected, and no outside clothes drying is permitted, except where such activity is advised or mandated by governmental authorities for energy conservation purposes, in which event, the ARC shall be required to approve the portions of any Lot used for outdoor clothes drying purposes and the types of devices to be employed. (b) Garage doors shall be kept in a closed position when not in use for ingress and egress. (c) All garbage, recycle and refuse containers shall be placed in enclosed garages or walled-in areas. Air conditioning units, whole house generators, oil and/or gas tanks, permanently affixed swimming pool equipment and housing, and electric, mechanical, gas or other equipment installed on a Lot, (collectively the"Equipment"), shall be placed in locations that are approved by the ARC. The ARC has the authority to require landscaping or other approved materials to be utilized to minimize the view of Equipment from the street or adjacent properties, provided same does not otherwise negatively interfere with access to and/or drainage on a Lot. (d) The personal property of any resident shall be kept inside the residence dwelling, or a fenced or walled-in yard, except for patio furniture and patio accessories which may be kept in patios located on the Unit, and other personal property commonly kept outside -31 - I 6 A 6 which must be kept in the rear of the Lot; all personal property permitted to be outside must be neat appearing and in good condition. (e) Window treatments shall consist of drapery, blinds, decorative panels or other tasteful window covering. No newspaper, aluminum foil, sheets or other temporary window treatments are permitted, except for periods not exceeding one (1) week after an Owner or tenant first moves into a dwelling or when permanent window treatments are being cleaned or repaired. (f) All solar heating and other alternative energy resource systems shall require ARC approval and shall be so installed and maintained as not to be visible from the street upon which the dwelling fronts, unless specifically otherwise authorized by the ARC. It is the intent hereof not to prohibit the use of renewable energy sources, but rather to direct that same be so designed, installed and maintained as to minimize visibility from the street in front of the dwelling and in compliance with ARC standards. 10.11. Fences. No fence of any kind (vertical or underground electric) shall be erected or maintained upon any Lot until the plans and specifications therefor have been approved in writing by the ARC. Underground electric fences will not be permitted in the front yard of any Lot. It shall be a condition of approval of any fence that the bottom of all fences along or within any drainage easements shall be elevated above ground to allow for the free flow of drainage; and further provided, fences within drainage easements shall not be approved, regardless of the elevation of the bottom of the fence, if such approval interferes with the drainage plans for the Subdivision or is prohibited by Code or rules of SFWMD. 10.12. Yards and Drives. Yards shall be sodded with natural grass at the time of original construction of improvements, and lawns shall thereafter be maintained in good condition and replaced as may be necessary. Gravel or stone yards are prohibited. Varied landscape designs, including turf,may be permitted in specified locations on the Lot upon approval of the ARC. All driveways, walks and parking areas shall be approved by the ARC,must be constructed of concrete, Stamperete, Bomanite, paver bricks, or other comparable material approved by the ARC. Poly-pebbled driveways are prohibited. This Declaration does not prohibit xeriscape or "Florida-Friendly" landscaping; provided however, all such landscaping must be approved by the ARC. 10.13. Environmental Provisions. All Lot Owners are put on notice: (a) No tree with a diameter of four(4) inches or more measured at the height of four feet above grade on a Lot shall be removed unless the removal of same is necessary for the erection and maintenance of approved structures on a Lot, or represents a diseased or dead tree on a Lot, and the consent of the ARC is obtained as well as any County permits that may be required are obtained (b). Compliance with SFWMD and the County. Each Owner is hereby notified that the Property within the Subdivision is subject to the requirements of Surface Water Management Permit(s) issued by the South Florida Water Management District. Each property Owner within the subdivision at the time of construction of a building, residence or structure shall comply with the construction plans for the surface water management system,pursuant to Chapter 40D-4, F.A.C., approved and on file with the South Florida Water Management -32- I 6 A 6 District ("SFWMD"). No construction activities may be conducted relative to any portion of the surface water management system facilities without the prior approval of the applicable Perpetual Maintenance Entity, the CDD or Association, (depending upon whether the surface water management systems facilities are located on lands operated and maintained by the CDD or Association, as same will be designated on each Plat for the Subdivision) and SFWMD pursuant to Chapter 40D-4, F.A.C. The term "surface water management system facilities" is hereby defined to include,but is not limited to, all inlets, ditches, swales, culverts, water control structures, retention and detention areas, ponds, lakes, floodplain compensation areas, wetlands and any associated buffer areas, and wetland mitigation areas. The surface water management system facilities shall be located on land designated as Common Areas on any plat for SkySail land over which the applicable Perpetual Maintenance Entity either owns or has an easement in its favor for operation, control and maintenance of the surface water management system facilities, or on land dedicated to and controlled by the applicable Perpetual Maintenance Entity, as set forth on any Plat(s) for the SkySail Subdivision. Prohibited activities include, but are not limited to: the removal of littoral shelf vegetation (including cattails) from wet detention ponds, digging or excavation; depositing fill, debris or any other material or item; constructing or altering and water control structure; or any other construction to modify the surface water management system facilities. Removal includes dredging, the application of herbicide, cutting, and the introduction of grass carp. SFWMD shall have the right to take enforcement actions to enforce the terms hereof and Chapter 40D-4, F.A.C., including a civil action for injunction and/or penalties against the applicable Perpetual Maintenance Entity to compel it to correct any outstanding problems with the surface water management system facilities. (c) The applicable Perpetual Maintenance Entity is intended to exist in perpetuity as set forth in the Declaration, and as described in Section 12.03 of the Declaration and as described in the establishing ordinance of the CDD; provided however, in the event the applicable Perpetual Maintenance Entity ceases to exist or is otherwise dissolved or terminated, the responsibility for the operation and maintenance of the Subdivision's surfacewater /stormwater management system facilities shall be transferred to and accepted for maintenance responsibilities by another similar entity that complies with Section 373.416(2), F.A.C, and Chapter 62-330, F.A.C., then in effect, and/or complies with any other rule or regulation then in effect issued and approved by SFWMD, prior to the termination, dissolution or liquidation of the applicable Perpetual Maintenance Entity. The new maintenance entity described above shall have all the same powers listed in the Association's Articles of Incorporation (if the applicable Perpetual Maintenance Entity is the Association), or Section 190.012, Florida Statutes, (if the applicable Perpetual Maintenance Entity is the CDD). Neither this Section nor any provision of this Declaration affecting the surfacewater management system facilities or the operation and maintenance of the surfacewater management system facilities may be amended without the prior written consent of SFWMD. (d) Sedimentation and erosion control measures will be in compliance with the County's Code. To prevent sedimentary runoff during construction, staked hay bales, staked silt screens or inlet debris control screens are to be placed at -33- 1 6 A 6 storm inlets, outfall locations and adjacent property lines as required prior to any construction activities. The contractor is responsible for maintaining the sedimentation barriers in a working manner for the duration of construction and should be checked daily. Siltation accumulations greater than the lesser of 12 inches or one-half of the depth of the sedimentation barrier shall be immediately removed and replaced in upland areas, in addition to specified erosion control locations, the contractor shall perform daily site inspections for potential erosion problems. If problems occur, the contractor is responsible for installing appropriate erosion control immediately. The contractor is responsible for removing temporary erosion control devices following completion of all construction and final stabilization (e) The applicable Perpetual Maintenance Entity shall maintain the surface water management system for the Subdivision (including littoral zone planting, maintenance of littoral zone vegetation, removal of exotic and nuisance species from littoral zones and wetlands mitigation areas, any periodic dredging and silt removal from stormwater retention areas) in compliance with all applicable regulations of the County, SFWMD, and other governmental authorities with jurisdiction over the Subdivision property. (f) The applicable Perpetual Maintenance Entity shall provide all stormwater, hydroperiod, wetland mitigation, littoral zone planting, and wetland planted buffer monitoring data collection and reporting required by the County, SFWMD, or other governmental authorities with jurisdiction over the Subdivision property. (g) Nothing set forth herein this Article or the Declaration shall be construed to abrogate the applicable Perpetual Maintenance Entity's responsibility hereunder to operate and maintain the surface water management system of the Property in compliance with all applicable regulations of the County, SFWMD, and other governmental authorities with jurisdiction over the Subdivision property. Any amendment to this Declaration that materially affects the interests of SFWMD in and to the surfacewater management system facilities shall require the prior consent of SFWMD. (h) No fishing, swimming,wading or other recreational activities shall be permitted within any of the lakes or water within the Property,unless authorized by the applicable Perpetual Maintenance Entity. (i) No owner of property within SkySail Subdivision 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 and drainage easements described in the approved permit and recorded plat of the subdivision, unless (i) authorized by County development permits for the Property, or(ii)prior approval is received from the South Florida Water Management District,Collier Regulation Department. (j) Each Owner of a Lot within the SkySail Subdivision at the time of constructions of a building, residence, or structure shall comply with the construction plans for the surface water management system approved and on file with the South Florida Water Management Department. -34- 16A $ (k) The applicable Perpetual Maintenance Entity shall have the obligation to manage, monitor and provide reports regarding the surfacewater management system for the Subdivision as set forth herein this Declaration and this Article 10.13. (1) The Surface Water Management Facilities may not be altered without the prior written approval from the Collier County Engineer or his/her designee; nor may any section of this Declaration pertaining to the Surface Water Management Facilities be amended without the prior written approval from the Collier County Engineer or his/her designee. In the event the Association, CDD, or any successor organization shall fail to adequately maintain the Surface Water Management Facilities in accordance with Collier County Standards, Collier County shall have the right, but not the obligation, to enter the Subdivision for the purpose of maintaining the Surface Water Management Facilities. All expenses incurred by Collier County in maintaining the Surface Water Management Facilities shall be assessed prorata against the Lots and shall be payable by the Owners of the Lots within sixty (60) days after receipt of a statement. If any Owner fails to pay such assessment within the aforementioned sixty (60) days period, the assessment shall become a lien on such Owner's Lot that may be foreclosed by Collier County. The rights of Collier County contained in this restriction shall be in addition to any other rights Collier County may have in regulating the operation and development of the Subdivision. Collier County also has the right to enforce terms pertaining and pursuant to the authorization and approval of the development agreements, the Unified Development Code(UDC)and the Comprehensive Plan. (m) The CDD is the Perpetual Maintenance Entity of the surface water management system facilities described herein this Section 10.13, including all lakes and ponds within the Subdivision with the exception of Lake Tract L-5, for which the CDD has a drainage and flowage easement on, over and under Lake Tract L-5 for drainage, storage, retention and flowage of stormwater and surface water runoff, including operation and maintenance of the CDD's surface water management system in compliance with permits issued by SFWMD. The Association shall be the Perpetual Maintenance Entity of Lake Tract L-5 and shall operate and maintain same in strict compliance with this Section 10.13 and all permits issued by SFWMD. All reporting to and at the request of SFWMD for the entirety of the surface water management system facilities, including Lake Tract L-5, shall be by the CDD. The Association agrees to indemnify and hold harmless the CDD for any activities within Lake Tract L-5 not permitted by SFWMD. 10.14. Swimming Pools. No above-ground swimming pools are permitted within the Subdivision. This provision does not prohibit hot tubs, therapy pools or hydro-spas when they are incorporated into improvements and approved by the ARC. All pools shall be enclosed and constructed to comply with applicable regulations and standards of governments having jurisdiction. All pools, enclosures,screening and caging shall be subject to Architectural Review. 10.15. Utility Easements. Easements for installation, maintenance, repair and replacement of utilities and drainage facilities are reserved and established as reflected on the recorded Plat of the Subdivision and as set forth herein the Declaration. Also, a ten (10) foot minimum utility -35- 16A 6 easement will be located along all front Lot lines. Within those easements no structure, planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or which may change the direction, obstruct or retard the flow of water through drainage channels in the easements. The easement area of each Lot and all improvements in it shall be maintained by the Owner thereof except for those improvements and facilities for which the Association, or a public authority or utility company is responsible. 10.16. Pool Cage Restrictions. Any pool cages or other screened cages upon any Lot shall not exceed the height of the home and shall utilize materials and colors as approved by the ARC. 10.17. Sidewalks. Sidewalks may be installed on or abutting a Lot as required by approved site and construction plans for the Subdivision and the County's Code. If required, sidewalks shall be installed in accordance with the aforementioned plans and code and upon approval of the ARC. All costs and expenses for the installation of the sidewalk shall be paid by the Lot Owner. Following installation, such sidewalk shall be maintained by the Lot Owner at his expense, including but not limited to, maintenance and repair, pressure washing, trimming of low overhanding tree branches and assuring landscaping and other items do not obstruct the sidewalk. In no event may a sidewalk be blocked or obstructed in anyway; no vehicles or other object may block, in whole or in part, a sidewalk. Sidewalks shall be kept clean and clear of any obstructions of any kind whatsoever. 10.18. Reclaimed Effluent Irrigation System. It shall be the responsibility of each Owner at the time of construction of a building, residence or structure, and at all times thereafter, to comply with the requirements, if any, of the County's public works Department, the Developer, the CDD or the Association, and to connect into any system for reclaimed effluent irrigation that may be available at the time of initial construction, or installed at any time in the future. In connection therewith, each Owner, at his sole cost and expense, shall install an effluent meter, backflow preventer, and such other equipment required for connection to the reclaimed effluent irrigation system. In the event the Declarant, the CDD or the Association enter into any reclaimed water rights agreements with the County, or any third party, (hereinafter the "Reclaimed Water Agreements"), all Lot Owners do hereby consent to and appoint Declarant, CDD and/or the Association as their agent to execute any and all documents related thereto, including amendments to or assignments of the Reclaimed Water Agreements, which documents are deemed reasonably necessary in Declarant's, CDD's and/or the Association' sole and absolute discretion,without any further consent,joinder or signatures necessary by the Lot Owners. Any and all costs of the CDD and/or Association associated with the connection of any Subdivision irrigation system to any reclaimed/reuse irrigation system shall be paid by all Lot Owners as an Association Special Assessment or CDD Assessment, as applicable. All costs and expenses associated with the connection of each Lot to any reclaimed/reuse irrigation system shall be paid by each Lot Owner as a cost and expense associated with and for his Lot as an Association Special Assessment, CDD Assessment or otherwise; and if not paid promptly by the Lot Owner, such costs and expenses shall be a continuing lien and obligation running with the Lot until paid. Lot Owners shall be required to pay all costs associated with the usage of reclaimed water, which costs may be billed separately by the County or may be billed as a CDD Assessment. 10.19. Prohibition Against Further Subdivision. Except as provided for herein, the Lots shall not be further subdivided, but Lot lines may be reconfigured, as set forth herein, without the requirement for re-platting. The prohibition against re-subdivision of any Lot shall not prevent the conveyance of several Lots and/or portions of Lot(s) to the Owner of a contiguous Lot to the end that platted Lot lines may be reconfigured without the need for re-platting. Upon any such conveyance, the parcel so created shall be deemed a "Lot" subject to the provisions hereof, as though originally platted as such. Where said Lots are combined or reduced and reconfigured as set forth herein, the outside -36- 1 6 A 6 boundaries of the building site (which building site is the newly configured Lot) shall automatically carry the reconfigured side Lot Line Easements (and any previously identified or platted Lot Line Easements shall be then automatically released without the need for re-platting). The Owner of the reconfigured Lot shall be solely responsible for reimbursement to the utility for any and all costs of relocating any existing facilities affected by the reconfiguration of the Lot. Notwithstanding anything to the contrary herein, (i) any easements granted to the County shall require the prior written consent of the County prior to removal or relocation; and (ii) any easements granted to a utility shall require the consent of the utility prior to relocation and further the relocation of such utility easement shall be at the Owner's expense. The Declarant reserves the right to reconfigure without the need for re-platting, or, at the Developer's option to re-plat, any one or more Lots and adjacent Common Property to create a modified Lot or Lots, and/ or to decrease or combine Lots by reconfiguration as set forth herein with or without re-platting, in the Declarant's sole and absolute discretion, and to convey such combined or reduced Lots with reconfigured boundaries all as set forth herein. Notwithstanding anything to the contrary herein, nothing contained herein shall limit or impair, in anyway whatsoever, Declarant's rights to develop the Subdivision, including re-platting and reconfiguring Lots and Common Property as well as developing adjacent parcels and incorporating same into this Subdivision as a new plat,re-plat and/or new phase of the Subdivision. 10.20. Conservation Easements/Wetlands/Wetland Buffers/Upland Preservation Areas. In the event any Plat for the Subdivision contains conservation easements, wetlands, wetland buffers and/or upland preservation areas that are regulated in accordance with the County's Unified Development Code,then the provisions of this Section 10.20 apply to the affected lands, as follows: Unless permitted by (i) the Unified Development Code, or (ii) any development permit for and affecting the Property, the following acts are expressly prohibited within conservation easements, wetlands, wetland buffers and upland preservation areas without the prior written consent of Collier County: o Development,as defined by the Unified Development Code. o Construction or placing of buildings,roads,signs,billboards or other advertising,or other structure on or above the ground. o Construction or placing of utilities on, below or above the ground without appropriate local,state and federal permits or authorizations. o Dumping or placing of soil or other substances or material as landfill or dumping or placing trash,waste,unsightly or offensive materials. o Removal,mowing or trimming of trees,shrubs or other vegetation. o Application of herbicides,pesticides,or fertilizers. o Excavation, dredging or removal of loam, peat, gravel, soil, rock or other material substances in such a manner as to affect the surface. o Surface use except for purposes that permit the land or water areas to remain in its natural condition. o Planting of vegetative material that is not native to the Southwest region of Florida. o Any activity detrimental to drainage, flood control, water conservation, erosion control, soil conservation or fish and wildlife habitat preservation. o Acts or uses detrimental to such retention of land or water area. 10.21 Signs. No sign of any kind shall be displayed on any Lot except as follows: a) Individual, ornamental house number and name plates may be displayed, provided their size, color, design, and location is approved by the ARC. Either Developer or the ARC may require the use of standard house number and name signage. -37- 1 6 A 6 b) During the course of construction of a home and/or pool on a Lot, a construction sign not exceeding four square feet identifying the builder may be displayed on the Lot. Such sign shall be promptly removed upon issuance of a Certificate of Occupancy by the County for the home. c) Other signs may be displayed if such signs are approved by the Developer as to size, design,location and content. 10.22 Temporary Structures. No structure of a temporary character, whether a trailer, tent, shack, garage, barn or any other such building, shall be placed on any Lot, provided, however, a temporary construction trailer and/or a storage or out-building for materials and supplies may be used in connection with and during the construction of a dwelling provided that any such temporary structure shall be removed immediately from the Lot upon the completion of such construction. 10.23 Completion of Construction and Repairs. The construction of any new building or the repair of the exterior of any building damaged by fire or otherwise shall be completed with reasonable promptness. 10.24 Sales Office of Declarant. Notwithstanding anything in this Declaration to the contrary, Declarant may construct and maintain a sales office, together with any and all marketing signs relating thereto, on Lots and in the Common Property, including all street right of ways, of its choosing until such time as all of the Lots have been sold by Declarant. Declarant's sales office and marketing signs and location shall not be required to undergo Architectural Review. Declarant may maintain a garage sales office consisting of a garage with french doors facing the street, or such other sales office as Declarant deems appropriate in Declarant's sole and absolute discretion. In addition, Declarant may place sales and other promotional signs on all of the entrances, roadways and all other Common Property as Declarant may choose, until such time as all of the Lots have been sold by Declarant. For so long as Declarant or Initial Landowner owns or controls one (1) Lot in the Subdivision, at no time may the Association deny,limit or restrict access to the Subdivision in any way to Declarant or any of its invitees, construction and development crews, sales and marketing personnel, or proposed customers; and if such access is ever denied, limited or restricted in any manner deemed harmful in Declarant's sole and absolute discretion, then Association shall immediately cure same to Declarant's immediate and complete satisfaction. 10.25 Garage or Yard Sales. No garage or yard sale, including any estate or similar sale conducted inside a Dwelling Unit, may be conducted on any Lot within the Subdivision without the prior written approval of the Association. The Association shall have the authority to prescribe reasonable rules and regulations for the conduct of any such sale, including, without limitation, rules regarding the manner of conducting such sales, permitted frequency, duration, hours and the type, size, location and number of signs advertising such sales. The Association may authorize a specific date or dates for garage and yard sales within the entire Subdivision, or any Neighborhood, and may limit garage or yard sales to those dates. The failure of an Owner to observe such rules and regulations shall be grounds for the Association to withhold its approval of any future sales by such Owner, as well as the imposition of fines or other sanctions as authorized in this Declaration. 10.26 Easements &Lot Line Easements. Easements shall be as set forth on any Plat for SkySail and as set forth herein this Declaration. All easements referenced herein this Declaration shall be in addition to all other easements as referenced on the Plats. The easement area of each Lot and all improvements therein shall be maintained by the Owner, at Owner's sole cost and expense, except for those improvements and facilities for which the Association, CDD or another public authority or utility company is responsible. Lot Line Easements are as set forth and described on the Plat. -38- 1 6 A 6 10.27 Elevations. All proposed building finished floor elevations are to be a minimum of eighteen (18) inches above the crown of the adjacent roadway or if within the 100-year flood plain, a minimum of one (1) foot above the 100-year flood elevation and comply with all other FEMA requirements, unless otherwise established by the Declarant and approved by the County. Any encroachment of the 100-year flood plain or flood way shall be mitigated in accordance with FEMA and the County's standards. 10.28 Docks. No boat docks, common boat dock or boat ramps are permitted within this Subdivision, and no boats, canoes, electric boats or watercraft of any nature or type shall be permitted on or within any of the Property or any lakes constructed thereon, unless located within an enclosed garage. 10.29 Leases/Rentals. No portion of a Lot or Unit (other than an entire Lot and Unit) may be rented. All leases shall be in writing and shall provide (or be automatically deemed to provide) that the Association shall have the right to terminate the lease in the name of and as agent for the lessor/landlord upon default by lessee/tenant in observing any of the provisions of this Declaration, as same may be amended, the Articles of Incorporation and By-Laws of the Association and its applicable rules and regulations or other applicable provisions of any agreement, document or instrument governing the Subdivision or as administered by the Association. The leasing of Lots and Units shall also be subject to the prior written approval of the Association, which approval shall not be unreasonably withheld and which shall be deemed given if the Association does not deny approval within thirty (30) days of its receipt of a written request for approval together with a copy of the proposed lease and all supporting information reasonably requested by the Association. No Unit or Lot may be leased/rented for a term of less than six (6) consecutive months, nor more than two times per year, without (i) written approval of the ARC, which may be granted, withheld, or conditioned at its sole and absolute discretion, or (ii) specific written approval by the Declarant or Developer (which may be granted, withheld, or conditioned at its sole and absolute discretion); provided however, the provisions set forth herein shall not apply to the Developer's leasing of any Unit or Lot owned and/or controlled by Developer. No Owner may lease/rent more than one (1) Lot in the Subdivision at any one time. This restriction applies regardless of whether the Owner is the sole fee simple titleholder of the Lot or one of multiple titleholders. If the Owner is not an individual, then this restriction applies to any Owner whose shareholders, members, partners, associates and/or beneficiaries have any beneficial interest in the Lot; it being the intent of this restriction to prohibit Owners from forming multiple entities to attempt to evade the restrictions set forth herein. The Association has the right to request any Owner that is not an individual to provide corporate, company, partnership, trust and/or any other documentation, as deemed reasonably necessary in the Association's sole and absolute discretion, to allow the Association to evaluate the legal and beneficial interest an Owner may have in any Lot. The provisions set forth herein shall not apply to the Developer's leasing of any Unit or Lot owned and/or controlled by Developer or its affiliated companies. Owners wishing to lease their Lots and Units (i) shall be required to obtain and provide to the Association a contract for providing landscaping and irrigation services to the Lot or Unit, (if same are not provided as a Lot Maintenance Service to the Lot or otherwise as provided for in the Declaration), and (ii) may, if the Board so elects, be required to place in escrow with the Association a sum of up to $500.00 (or such lessor amount as required by law then in effect) which may be used by the Association to repair any damage to the Common Areas or other portions of the Subdivision resulting from acts or omissions of lessees/ tenants (as determined in the sole and absolute discretion of the Association). The -39- $ 6A 6 Association shall not be required to pay or remit any interest on any such escrowed funds. The Owner will be jointly and severally liable with the tenant to the Association for any amount in excess of such sum that is required by the Association to effect such repairs or to pay any claim for injury or damage to property caused by the negligence of the lessee/tenant; and further, the Owner shall at all times remain responsible and liable for any and all violations of the Declaration, Rules and Regulations, as well as resulting costs and damages associated with the Lease and tenants use of the Lot. Any balance remaining in the escrow account, less an'administrative charge not to exceed $50.00 (or such lessor amount as required by law then in effect)and exclusive of any interest retained by the Association, shall be returned to the Owner within sixty (60) days after the tenant vacates the Unit. It shall be the Owner's responsibility to require that its tenants comply with this Declaration and all rules and regulations of the Association. 10.30. Awnings. No awnings are permitted on any structures within the Lots unless approved by the ARC; provided however, shades or awnings that roll/retract straight up and down, e.g., any mechanical workings are behind the beam,shall be permitted. 10.31. Play Equipment. No play equipment, tot lots or similar structures shall be permitted on the Lots unless approved by the ARC. 10.32. Decks. No decks shall be permitted unless approved by the ARC. 10.33. Screened or Enclosed Porches. All screened and/or enclosed porches shall be approved by the ARC. 10.34. Storm Shutters. Storm shutters may only be placed on a structure once a Storm Warning is issued by the appropriate governmental authority and shall not remain on the structure for more than seven(7) day after the storm event;provided however, clear storm shutters may remain on the structures for a reasonable period of time while the Lot Owner(s)is not present. 10.35 Nature Trails. Nature trails and boardwalks, if any, permitted and constructed within the Property shall be constructed in such a way to comply with any applicable Conservation Easements and approved site plans, and further, shall be constructed of such materials and in such a way as determined by Developer, in its sole and absolute discretion,to allow the land and water area below to remain predominantly in its natural condition. 10.36 No Mining or Exploration. No Owner shall permit or consent to any mining or exploration for oil,gas,minerals or the like on,within or under any Lot. 10.37. Additional Association and CDD Easements for Operation and Maintenance of Infrastructure. The CDD and Association shall have non-exclusive easements on, across, under, over and through all Property within the Subdivision, excluding within any Dwelling Units, to the extent necessary, for access, ingress and egress associated and together with the right to install, enlarge,relocate, reconstruct, remove, repair, replace, operate and maintain any and all infrastructure and facilities authorized to be performed by the respective Perpetual Maintenance Entity, (the "Infrastructure Easements"). By way of example, (i)the Association's Infrastructure Easements shall include the right of the Association to operate and maintain private roads and applicable private road lighting and signage, landscaping on all Subdivision Property excluding Lots (unless authorized as a specific Lot Maintenance Services), amenities, gates, community signage, irrigation well and pump system and other Common Areas (such as open spaces, community walls and fences) to be maintained by the Association; and (ii) the CDD's Infrastructure Easements shall include the right of the CDD to operate and maintain the Irrigation Water, Irrigation Facilities and Irrigation Easements (as set forth below in Section 10.38), the -40- 1 6 A 6 stormwater ponds / lakes [excluding Lake Tract L-5] and other drainage facilities such as curbs and gutters, and all other services and/or facilities authorized to be performed and/or constructed by the CDD [a complete list of CDD infrastructure and services are contained within the CDD's Engineer's Report, as amended and supplemented from time to time, which may be obtained by contacting the CDD's District Manager, information contained on CDD website: https://www.hydeparkcddl.net The CDD is hereby specifically granted a drainage and flowage easement over, under, through, and across Lake Tract L-5 as depicted on the Plat for SkySail-Phase One. 10.38. Irrigation. (a)Irrigation Water/Irrigation Facilities. It is anticipated the irrigation water for the tracts dedicated to the CDD and the individual Lots within the Subdivision (the "Irrigation Water") will be County supplied reclaimed water through the irrigation infrastructure, facilities and systems associated therewith ("Irrigation Facilities"). The Irrigation Facilities may be separately metered at each Lot; or alternatively, a master meter may be installed by the CDD or County, as applicable. CDD and County rules and regulations regarding use of the Irrigation Water and/or watering schedules shall apply. All costs and expenses of supplying, operating and maintaining the Irrigation Water as well as the Irrigation Facilities shall be paid by Lot Owners as a CDD Assessment, for those portions of the Irrigation Facilities maintained by the CDD, and as a County charge/fee, for those portion of the Irrigation Facilities maintained by the County, including the use of the Irrigation Water.No Lot Owner may use the Irrigation Water and Irrigation Facilities in any manner inconsistent with the CDD's rules, regulations, resolutions and ordinances governing same, including the provisions of this Declaration and specifically Sections 10.38 and 10.18,herein. (b) Lot Irrigation System. Each Lot is required to have an automated lawn irrigation system with either automated timers set to run on a schedule set by the CDD or a central timer maintained by the CDD (the "Lot Irrigation System"). The Lot Irrigation System shall be connected to the Irrigation Facilities. All Lot Owners shall abide by all rules, regulations, ordinances, resolutions and specifications of the CDD when using the Lot Irrigation System and Irrigation Water. The Lot Irrigation System shall be located within each Lot, and all components of the Lot Irrigation System shall be regularly and properly operated, maintained, repaired and replaced at the sole cost and expense of the Owner of such Lot and shall be a continuing obligation,responsibility and expense associated with each Lot. (c) Irrigation Easements. The CDD shall have irrigation easements (the "Irrigation Easements") on, across, under, over and through all Property within the Subdivision, excluding within any Dwelling Units, to the extent necessary, for access, ingress and egress associated and together with the right to install, enlarge, relocate, reconstruct, remove, repair, replace, operate and maintain the 1 Irrigation Facilities. (d) Association Well & Pump Irrigation. It is anticipated the irrigation water for the Common Area tracts dedicated and/or operated and maintained by the Association shall be via a well and pump system installed within the Subdivision. All costs and expenses associated with the Association's irrigation water and its use, operation and maintenance shall be a Common Expense of the Association to be paid by all Lot Owners via Assessments. 10.39. Mailboxes. Individual mailboxes attached to free standing posts shall be maintained by the Lot Owner, at the Lot Owner's sole cost and expense,pursuant to rules and regulations established by the Association. In the event the Subdivision has clustered mailboxes in a mail station that serves more than one Lot, then the mailboxes and mail station shall be maintained by the Association. The mailboxes shall be located at such places throughout the Subdivision as may be designated by -41- 1 6 A 6 Declarant as set forth on approved site plans for the Subdivision and is subject to approval by the United States Postmaster General. 10.40. Compliance with Site Plans, Construction Drawings and Other Development Approvals. The Association, CDD and all Lot Owners shall comply with any and all approved site plans, construction drawings, development approvals, permits, authorizations and the like (the "Permits") affecting the Subdivision in anyway, including but not limited to, required participation in any shared maintenance obligations as may be required by and set forth in the Permits requiring the Association, CDD and Lot Owners to share and participate in any costs, expenses and obligations for shared maintenance of properties owned by third parties adjacent to the Subdivision, including roadway and utility participation agreements. ARTICLE 11 COMPLIANCE WITH CODE The following provisions are mandated by the Code and are applicable to the Subdivision. 11.01. Alternate Maintenance by County. In the event the Association fails to maintain the private Common Property in reasonable order and condition in accordance with applicable governmental approvals, the provisions of the Code allow for the County, upon specified notice and hearing, to enter the Common Property for the purpose of maintaining same. The cost of such maintenance by the County shall be assessed pro-ratedly against the Lots and such charges are payable by the Owners within sixty (60) days after receipt of a statement therefor from the County, and if unpaid at the end of such period shall become a lien on the Lots. The County has no obligation to perform maintenance. 11.02. Further Disposition of Common Property. After Turnover of the Association and subsequent conveyance of any private Common Property to the Association (if any), then with respect to such portions of the Common Property or any interest therein that may be deemed required common open space under applicable governmental regulations, there shall be no further disposition of such private Common Property (if any) that is real property by sale, dissolution of the Association or otherwise, except to an organization conceived and organized to own and maintain such property; provided however, this provision shall not prohibit or restrict in anyway the Declarant, its successors and assigns, from re-platting the Subdivision and/or reconfiguring the Common Property as reasonably necessary to develop the Subdivision. 11.03. Disturbance of Common Property. After Turnover of the Association, no portion of the private Common Property maintained by the Association shall be denuded, defaced or otherwise disturbed in any manner at any time, except for maintenance, repair and improvement (which includes replatting,reconfiguration and the like),without the prior written approval of the Association. 11.04. Right of Entry by County. A right of entry upon the Common Property is hereby granted to the County and other governmental law enforcement officers, health and pollution control personnel, emergency medical service personnel, and firefighting personnel, and to governmental suppliers of utilities, while in pursuit of their duties. The right of entry will be governed by a Right of Entry and Compliance with Collier County,attached hereto as Exhibit F. 11.05. Compliance with Law. Notwithstanding any other provision of this Declaration to the contrary,there shall be no violation of federal, state or local law permitted within the Subdivision. -42- 1 6 A 6 11.06. Additional Materials. The following described documents are attached hereto as exhibits in compliance with the Code and Chapter 720,Florida Statutes: (a) Attached hereto as Exhibit "B" is the estimated Fiscal Program for the Association for a period of ten(10)years. The Fiscal Program reflects funds estimated to be adequate for the maintenance and care of the private Common Property under the ownership or control of the Association. This Fiscal Program is a good faith estimate and may be changed by the Declarant and/or Association as reasonably necessary without further notice. (b) There is attached hereto as Exhibit "C" a Maintenance Program providing a recommended program for the maintenance of all major facilities to be maintained by the applicable Perpetual Maintenance Entity. (c) There is attached hereto as Exhibit "D" a proposed Notice to Buyer that will be given to prospective buyers regarding the flood zone determinations, organization of the Association,Assessments and the Fiscal Program. (d) There is attached hereto as Exhibit "E"a List of Holdings of the Initial Property subject to the Plat, reflecting a listing of all lands, buildings, equipment, and facilities, as proposed. 11.07. Limitation. The Maintenance Program and Fiscal Program are estimates only prepared by the Declarant based upon its experience. The actual Maintenance Program will be as determined by the applicable Perpetual Maintenance Entity in accordance with this Declaration, the rules and regulations of the applicable Perpetual Maintenance Entity, and the actual budget and amount of Assessments and/or CDD Assessments will be as determined by the applicable Perpetual Maintenance Entity. All amounts reflected on the Fiscal Program are estimates only, based on currently anticipated costs without taking into consideration the fluctuating purchasing power of the United States dollar. Such amounts can reasonably be expected to fluctuate with time, the economy, market conditions and in response to actual (as opposed to estimated or assumed) experience, unexpected circumstances, and specific services and levels of service determined by the applicable Perpetual Maintenance Entity. There is no guarantee, representation or warranty, either express or implied, by the Declarant of the figures contained in the Fiscal Program, nor is the Maintenance Program represented or warranted as representative of the actual maintenance that will be required. No one to whom the precision of these figures or programs is of any consequence should enter a purchase agreement to acquire a Lot in the Subdivision except with a full understanding of the purpose and nature of such materials. 11.08. Limitation on Amendment. Notwithstanding any other provision in this Declaration to the contrary, neither this Article 11 nor any provision of this Declaration directly affecting this Article 11 may be amended without the written consent of the County. -43- 16A 6 ARTICLE 12 GENERAL PROVISIONS 12.01. Enforcement. Subject to the provisions set forth herein this Article 12, the Declarant/Initial Landowner, Association or any Owner shall have the right to enforce by proceedings at law or in equity all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration or any amendment hereto, including the right to prevent the violation of any such provisions and the right to recover damages for such violations; provided, however, that with respect to Assessments and Assessment liens, the Association, on determination of the Board, shall have the exclusive right to the enforcement thereof. Notwithstanding anything to the contrary herein this Declaration, no enforcement proceedings may be maintained by the Owners of fewer than fifteen(15) Lots, and further provided, no enforcement proceedings by Lot Owners may be brought, exclusive of a proceeding by the Association,unless and until the provisions of Article 12.13 have been fully satisfied as a condition precedent to the bringing of the enforcement proceeding. Failure of 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. 12.02. Severability,Article& Section Headings &Venue. Invalidation of any part of this Declaration by a court of competent jurisdiction shall not affect any other provisions, which shall remain in full force and effect. Article and section headings have been inserted for convenience only and shall not be considered in interpretation or construction of the document. This Declaration shall be construed under the laws of Florida and shall not be construed more strongly against any party regardless of the extent to which any party may have participated in the drafting of the Declaration or any amendment thereto. Whenever the context of this Declaration, the Articles or By-Laws require, the singular shall include the plural and the plural the singular, and any one gender may refer to any other gender. Venue for any dispute shall lie in Collier County, Florida. 12.03. Covenants. The covenants, conditions, restrictions, easements, assessments and all terms of this Declaration shall run with the land, bind all the Property subject hereto and inure to the benefit of and be enforceable as provided above, for a term of fifty (50) years from the date this Declaration is recorded, after which time this Declaration shall be automatically extended for successive periods of ten (10) years each, unless an instrument signed by the Owners of at least two-thirds (2/3) of the Lots and institutional mortgagees holding first mortgages encumbering two-thirds (2/3) of all Lots encumbered by first mortgages and held by institutional mortgagees has been recorded at least one (1) year prior to the end of any such period, agreeing to terminate this Declaration. In such event, this Declaration shall be terminated upon the expiration of the fifty(50) year term or applicable ten(10) year extension during which such instrument was recorded. In the event the Association is dissolved or otherwise terminated, then in addition to the restrictions set forth herein regarding the ability for SFWMD to maintain certain surfacewater management system facilities on Common Property, the Owners shall establish a similar non-profit entity to own, operate and maintain the private portions of Common Property. 12.04. Scheme of Development & Construction. This Declaration shall be liberally construed to give effect to its purpose of creating a plan for a residential community with possible commercial and other non-residential uses and development planned; and for the maintenance of the Common Property. The Declarant and Developer specifically and exclusively reserve the right to change, amend, modify, alter, supplement and clarify the scheme or general plan of development of the SkySail Project, to include, but not limited to, (i) amend, modify, alter, and change the site and development plans, permits and approvals for the Subdivision; (ii) reconfigure the Lots and Common Property in the Subdivision with or without the need for a re-plat of the Subdivision; (iii) add or delete property from the Subdivision; (iv) reconfigure the Lots without re-platting, including granting variances from the -44- 1 6 A 6 provisions of this Declaration and Plat; (v) change the number, type, location and size of Lots and the architectural style and design of improvements to be constructed thereon; (vi) change, modify or alter all Subdivision Improvements; (vii) change, modify, alter, relocate and reconfigure the Common Property; "and (viii) to amend this Declaration to effectuate the above and any other change or amendment deemed reasonable by the Declarant or Developer; and further provided, any such amendment or change shall be automatically deemed to be "REASONABLE" by the Association and all Lot Owners and shall not be deemed to unreasonably change the general scheme or plan of the SkySail Subdivision, provided such change, amendment, modification or the like continues to maintain the SkySail Subdivision as a residential development with possible commercial and non-residential uses. No Owner should rely upon, and the Developer and Declarant make no representation or warranty of any kind, whatsoever, as to whether the Subdivision shall be built out in conformance with any current plans, approvals, or permits, including any marketing related plans, brochures, posters or the like provided by Declarant, Developer and any Authorized Builders. The Declarant, Developer and any Authorized Builder, including their agents, employees and sales agents, make no representation as to (i) changing market conditions which may affect future sales prices of the Lots and Units, including any future sales or promotions which may reduce Lot and Unit prices; or (ii) the general scheme, layout, dimensions, architectural style, design or plan of the SkySail development, other than that it is a residential development with possible commercial and non-residential uses and development planned. THIS ABSOLUTE RESERVATION BY DECLARANT AND DEVELOPER OF THE RIGHT TO AMEND, MODIFY, CHANGE, SUPPLEMENT, ALTER AND CLARIFY THE GENERAL SCHEME AND PLAN OF THE SKYSAIL DEVELOPMENT, IN ANYWAY DEEMED REASONABLE BY DECLARANT AND DEVELOPER, IN THEIR SOLE AND ABSOLUTE DISCRETION, AND THE REQUIREMENT THAT THE ASSOCIATION, AND ALL LOT OWNERS BY ACCEPTANCE OF A DEED TO THEIR LOT, DO HEREBY AUTOMATICALLY CONSENT TO AND ACKNOWLEDGE DECLARANT AND DEVELOPER'S SPECIFIC RESERVED RIGHTS TO AMEND, CHANGE, MODIFY, ALTER, SUPPLEMENT AND CLARIFY THE GENERAL SCHEME AND PLAN OF THE SKYSAIL DEVELOPMENT IS A MATERIAL INDUCEMENT TO DECLARANT AND DEVELOPER TO SELL, CONVEY, LEASE AND/OR ALLOW THE USE OF THE APPLICABLE PORTION OF THE PROPERTIES. THE ASSOCIATION AND ALL LOT OWNERS HEREBY CONSENT TO, ACKNOWLEDGE, AND DEEM REASONABLE, ANY CHANGES TO THE GENERAL SCHEME OR PLAN OF DEVELOPMENT AS SET FORTH HEREIN, AND DO HEREBY APPOINT DECLARANT AND/OR DEVELOPER AS THEIR AGENT TO EXECUTE ANY AND ALL DOCUMENTS RELATED TO DECLARANT AND/OR DEVELOPER'S RESERVED RIGHTS HEREIN WITHOUT THE NEED FOR FURTHER CONSENT OF OR BY ASSOCIATION OR THE LOT OWNERS. 12.05. Approval of Association Lawsuits. In addition to all other provisions contained herein this Declaration, prior to initiating a lawsuit by or against the Association, the parties shall comply with the mandatory demand for pre-suit mediation and other alternative dispute resolution notices and requirements as set forth in Section 720.311, Florida Statutes. Lawsuits involving the Association may be further limited by Section 720.303, Florida Statutes. Notwithstanding anything herein contained to the contrary, the Association shall be required, at a duly called meeting of the Members at which a quorum is present,to obtain the approval of the Owners of eighty percent(80%) of all of the Lots in the Subdivision prior to the payment of legal or other fees or costs to persons or entities engaged by the Association for the purpose of suing or making, preparing or investigating any lawsuit,or commencing any lawsuit other than for the following purposes: (a) The collection of Assessments and foreclosure of liens for Assessments; -45- I 6 A 6 (b) The collection of other charges which Owners are obligated to pay pursuant to this Declaration, the Articles or By-Laws or rules and regulations of the Association and ARC; (c) In an emergency where waiting to obtain the approval of the Owners creates a substantial risk of irreparable injury to the Common Property or to the Owner(s) (the eminent expiration of a statute of limitation shall not be deemed an emergency obviating the need for the requisite vote); or, (d) Filing a compulsory counter claim. Further, prior to filing the lawsuit, it shall be a material condition precedent to the institution of any lawsuit that: (i) the party or parties bringing same shall have first given written notice to Declarant or other party against whom relief or recovery is sought(the"Defendant") of the specific matter complained of and what action steps are necessary to cure or correct same, and (ii) the Defendant shall have been given at least one hundred twenty (120) days (subject to extension by reason of matters beyond the control of the Defendant or because of the nature of the applicable matter(s) and the time necessary to correct same) in which to cure or correct the applicable matters, and (iii) if the Defendant does not cure same as provided for herein, then the Association may not file the lawsuit without holding a meeting of the Members to reasonably consider its Attorney Statement Letter. The Attorney Statement Letter shall be a letter obtained by the Association from its legal counsel, which letter opines as to the following: (a) the likelihood for success by the Association of the lawsuit and all matters contained therein, and(b) the total cost of litigation (and all matters related thereto) and how the imposition of Assessments, including Special Assessments,by the Association to pay for such cost of litigation will affect each Lot Owner. 12.06. Amendment. This Declaration may be amended only in accordance with this Section. (a) Prior to the Turnover Date, Declarant reserves the right to amend this Declaration, the Articles and By-Laws in any reasonable manner whatsoever,without the requirement of Association consent or the consent of any Loy Owner or the mortgagee of any Lot, so long as such amendments do not delete or convey to another party any Common Property designated, submitted or committed to common usage if such deletion or conveyance would materially and adversely change the nature, size and quality of the Common Property; provided however, this provision shall not limit or affect the Developer's ability to re-plat and/or reconfigure all or part of the Subdivision's Common Property and amend the Declaration in connection therewith. Notwithstanding anything to the contrary herein, the Declarant reserves the right to relocate or reconfigure the Common Areas, including the right to substitute relocated or similar Common Areas in other locations within the Subdivision, thereby deleting the Common Areas in the prior location. The right of Declarant to amend as herein set forth shall prevail, anything else contained herein to the contrary notwithstanding. (b) This Declaration may be amended at any time by the affirmative vote of Members owning two-thirds (2/3) of all Lots in the Subdivision together with the approval or ratification of a majority of the entire Board. Provided, however, that at any time by a majority vote of the Members of the Association, this Declaration may be amended where necessary to comply with regulations of the Veterans' Administration, the Federal Housing Administration, the Office of Interstate Land Sales Registration, the Federal National Mortgage Association, the Federal Home Loan Corporation,the Federal Home Loan Bank Board or other similar governmental agency. Provided further, no -46- 1 6 A 6 amendment shall be made that is in conflict with Section 11.08 or Sections, 12.04 and 12.08; and further provided, any amendment to Section 12.05 shall require the approval of the Owners of eighty percent(80%) of all Lots in the Subdivision. Anything contained in this Subsection to the contrary notwithstanding, no amendment adopted by the Members pursuant hereto shall be effective prior to the Turnover Date, except with the prior written consent of the Declarant, which consent may be withheld in the Declarant's sole and absolute discretion. (c) Any amendment approved by the Owners pursuant to this Section shall be approved at an annual, regular or special meeting called for that purpose, pursuant to written notice setting forth the proposed amendment or a summary of the changes to be effected thereby, such notice to be given within the time and in the manner provided for in the By-Laws. In lieu of voting at an annual, regular or special meeting as herein provided, amendments may be approved in writing executed by the requisite number of Owners and directors. (d) After the Turnover Date, this Section may only be amended by the affirmative vote of the Owners of not less than eighty percent(80%)of all Lots in the Subdivision. (e) This Declaration may be amended, as provided for above, without the consent of any mortgagee of any Lot, unless the amendment would adversely affect the mortgagee's lien priority. (f) Failure of the Association to provide notice of any recorded amendment to its Governing Documents shall not affect the validity of the amendment. Lot Owners are encouraged to contact the Association for copies of and information regarding current Governing Documents. 12.07. Attorney's Fees. In the event any action by the Association against the Lot Owner, Lot Owner against the Association, or Lot Owner against Lot Owner is instituted to enforce or construe the provisions of this Declaration, the party prevailing in such action shall be entitled to recover from the other party thereto as part of the judgment reasonable attorney's fees and the costs of such suit. If the Association is a prevailing party in such action,the amount of such attorney's fees and costs shall be a Special Assessment with respect to any Lot and its Owner if such Owner was the non-prevailing party in such litigation. 12.08. Declarant Provisions. (a) Declarant for itself, and its designees, further reserves the right to erect temporary structures for use in its development business and otherwise to establish and use any part of the Property covered hereby for the development, construction, marketing, promotion and sale of Lots and improvements thereto. So long as Declarant or Initial Landowner owns or controls any Lot of record in the Subdivision, it may (i) establish licenses, reservations, easements and rights-of-way in favor of itself, suppliers of utility and similar services, and other public or private authorities as may from time to time be reasonably consistent with use of the Subdivision for its intended purposes, and (ii) retain the right to further license, sell or transfer it rights to third parties for consideration, including, but not limited to, the right to collect fees, royalties, commissions, and other residual and financial benefits in connection therewith. In any instance where a structure has been erected upon a Lot, or the construction thereof is substantially advanced in a manner that violates the restrictions of this Declaration or in such a manner that -47- $ 6A 6 same encroaches on any Lot line, Lot Line Easement, easement area as shown on the Plat or set forth herein or setback or other restriction, Declarant reserves the right to release the Lot from the restriction and to grant an exception or variance to permit the encroachment by the structure so long as Declarant, in the exercise of its sole discretion, determines that the release, waiver, variance or exception will not materially and adversely affect the appearance of the Subdivision. The Declarant may grant franchises or concessions to commercial concerns on all or part of the Common Areas and/or common facilities and shall be entitled to all income derived therefrom. (b) Declarant hereby reserves easements for the benefit of Declarant, its employees, subcontractors, successors, and assigns, in, on, under,through or over the Subdivision's Common Property, and the front ten (10) feet, side five (5) feet, and rear fifteen (15) feet of all yards of all Lots within the Subdivision, as may be expedient or necessary for the purpose of access, ingress/egress, installing its equipment, and connecting any water, sewer or effluent water lines within the Subdivision to additional properties, and for any other purpose the Declarant deems necessary, as Declarant determines in its sole and absolute discretion. The easements herein described shall be non-exclusive, perpetual and at all times inure to the benefit of and be binding upon the undersigned, all of their grantees and respective heirs, successors, personal representatives,and assigns. (c) Notwithstanding the provisions of Section 12.06, there shall be no amendment to this Declaration which shall abridge, impair, prejudice, amend or alter the rights, privileges or priorities of Declarant without the prior written consent thereto by Declarant for so long as Declarant or Initial Landowner holds or controls at least one (1) Lot for sale in the ordinary course of business. (d) For so long as Declarant or Initial Landowner holds or controls at least one (1) Lot for sale in the ordinary course of business, Declarant and its nominees shall have the right, at any time, to hold marketing and promotional events within the Common Property and any common facilities, without any charge for use. Declarant or its nominees, agents, affiliates, or assignees shall have the right to market the Subdivision and Lots in advertisements and other media by making references to the Subdivision, including,but not limited to, pictures or drawings of the Common Property and common facilities, Lots and completed homes within the Subdivision. (e) The Declarant, for so long as it is developing any property with the Project, shall be permitted to grant variances to any provisions in the Declaration, including any easements reserved therein and easements reserved on the Plat, such as but not limited to, Lot Line Easements, as well as setbacks and other restrictions that the Declarant deems necessary for development. (f) The Declarant and Developer shall be permitted to exercise all rights set forth herein this Declaration without the consent or joinder of any Lot Owner, the Association or mortgagee of any Lot. (e) Declarant and Developer hereby reserve and are granted easements for ingress, egress, access and use on, over,under, through and across all gates, entranceways,roadways, Lot Lines (including Lot Line Easements), and all Common Property within the Subdivision, which access and use easement shall continue until such time as Declarant and Initial Landowner no longer own or control any Lot within the Subdivision. Declarant and Developer hereby reserve and are granted an easement for access, ingress and egress onto any Lot within the Subdivision -48- I6A 6 for purposes associated with construction of dwelling units and other improvements associated with the development of the Subdivision. (f) No provision of this Declaration pertaining to Declarant's rights, which term should be broadly defined and interpreted to include Declarant's easements, reservations, authorizations, covenants and the like, may be amended, modified, changed, supplemented or deleted without Declarant's prior written consent, which consent may be withheld in Declarant's sole and absolute discretion. 12.09. Assignment by Declarant. Declarant's rights hereunder may be assigned to any successor to all or any part of Declarant's interest in the Subdivision by express assignment incorporated in a deed or by separate instrument. Declarant may designate in writing one or more successor developers as to portions of the Subdivision, which instrument shall detail the extent and nature of the rights of Declarant assigned thereby. After any such assignment is recorded among the Public Records, the assignee shall stand in the place of Declarant as fully as if it had originally been the Declarant hereunder to the extent of the assignment described therein,upon which the Declarant hereunder shall automatically be released by the Association and its Members/ Owners from any and all obligations or responsibilities as a"Declarant"or"Developer"hereunder. 12.10. Rights of Mortgagees. The Association shall make available for inspection upon request, during normal business hours and under reasonable circumstances, this Declaration, the Articles, By-Laws and the books, records and financial statements of the Association to Owners and the holders, insurers or guarantors of any first mortgages encumbering any portion of the Subdivision. Upon written request to the Association, identifying the name and address of the holder, insurer or guarantor, such holder, insurer or guarantor(the "Listed Mortgagee")of a mortgage encumbering a Lot and the legal description of such Lot, the Association shall provide such Listed Mortgagee with timely written notice of the following: (a) Any condemnation, loss or casualty loss that affects any material portion of the Common Property; (b) Any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association; (c) Any proposed action which would require the consent of mortgagees holding a mortgage encumbering a Lot; and (d) Any failure by an Owner owning a Lot encumbered by a mortgage held, insured or guaranteed by such Listed Mortgagee to perform his obligations under this Declaration, including but not limited to, any delinquency in the payments of Assessments, or any other charge owed to the Association by said Owner where such failure or delinquency has continued for a period of sixty(60) days. Any Listed Mortgagee shall,upon written request made to the Association, be entitled to financial statements for the Association for the prior fiscal year free of charge and the same shall be furnished within a reasonable time following such request. 12.11 Incorporation of the Land Use Documents. Any and all deeds conveying a Lot shall be conclusively presumed to have incorporated therein all of the terms and conditions of this Declaration and its exhibits, as amended, the Plat and any and all development approvals, Permits, conditions and stipulations associated with the SkySail Project. -49- I ` A 6 12.12 Release from Minor Violations. Where a building has been erected on a Lot or the construction thereof substantially advanced, in such manner that the same constitutes a violation or violations of the covenants set forth herein this Declaration, either the Declarant or the Board may and each of them shall have the right at any time to release such Lot from such paragraph or paragraphs as are violated,provided, however, that neither the Declarant or the Board shall release a violation or violations unless same are determined to be minor by the Declarant or Board, in their sole and absolute discretion. 12.13 Dispute. In the event Lot Owners seek to bring enforcement proceedings at law or in equity regarding the Declaration, restrictions, conditions, covenants, reservations, rules, regulations, specifications, guidelines, standards, liens and charges now or hereafter imposed by the provisions of this Declaration or any amendment hereto, including the right to prevent the violation of any such provisions and the right to recover damages for such violations (except for enforcement of Assessments per Article 12.01), then as a condition precedent to the filing of such suit or proceeding at law or in equity, and in addition to any pre-suit mediation requirements as provided in Chapter 720, Florida Statutes, the Lot Owners shall refer the matter to the Association's Board for a final determination before filing a suit or claim at law or in equity; at which time, all other provisions of this Declaration regarding pre-suit conditions,notices and mandatory demand notices for mediation,including but not limited to all Attorney Statement Letters,must be fully complied with and met. 12.14 Fines and Suspensions. Each Owner shall comply, and shall cause the Owner's family, guests, tenants, and invitees to comply, with the restrictions and covenants, as well as all rules, regulations, standards, guidelines, specifications, and the like, set forth in this Declaration, and any amendments hereto, applicable to such Owner's Lot. Each Owner shall further comply, and shall cause the Owner's family, guests, tenants, and invitees to comply with the architectural criteria established by the ARC and any and all rules and regulations established by the Association. Upon lack of compliance of an Owner, or the Owner's family, guests, tenants and invitees, the Association may, in addition to all other available remedies, impose a fine upon the Owner pursuant to the following provisions: (a) Notice. The Association shall afford an opportunity for hearing to the Owner, after notice of not less than fourteen (14) days or such longer period as may be required by law. The notice shall include a statement of the date, time, and place of the hearing and a statement of the matters constituting the alleged violation. The hearing shall be before a committee of at least three (3)members appointed by the Board who are not officers, directors, or employees of the Association, or the spouse, parent, child, brother or sister of an officer, director or employee. Notwithstanding anything to the contrary herein, in the event the Association, in its reasonable discretion, deems the violation of the Declaration, including all rules, regulations, standards, specifications, guidelines and the like, to be an emergency, such as, but not limited to, a violation of the Association's vehicle and parking restrictions, then the Association may declare the violation an emergency and follow the procedures set forth in Section 7.05(a), above, to immediately cure the violation without further notice, and any and all costs or expenses incurred by the Association in curing the violation shall become a Special Assessment against the Owner's Lot and a personal obligation of the Owner. All vehicle and parking violations within the Subdivision shall be deemed emergency circumstances, and the Board shall be authorized to immediately remove and tow the offending vehicle at the vehicle owner's expense. Notwithstanding anything to the contrary herein, only a single notice and hearing is required to permit the Association to impose additional and multiple fines for each day the same or similar violation exists. -50- l6A b (b) Hearing. At the hearing, the Owner shall have the opportunity to review, challenge, and respond to any material considered; to present evidence; and to provide written and oral arguments on all issues involved. (c) Imposition of Fine. The committee, by majority vote, may impose a fine not in excess of the maximum amount permitted by law per day from the date of the violation until such violation ceases; and further provided, there shall be no limitation as to the aggregate amount of the fine. Only a single notice and hearing is required to permit the Association to impose additional and multiple fines for each day the same or similar violation exists. Any fine levied by the committee against an Owner shall be a Special Assessment applicable to the Owner's Lot. The Association shall send the Lot Owner a notice of the imposition of the fine; and the fine shall be due five (5)days after the notice of the approved fine is sent to the Lot Owner. (d) Application of Fines. All proceeds received by the Association from fines shall be applied to the payment of the Common Expenses, or as the Board in its discretion may determine. (e) Suspensions. In addition to or instead of imposing a fine,the committee, by majority vote, may suspend the rights of the Owner, or the Owner's family, tenants, guests,or invitees, to use the Common Property for a reasonable period of time. (f) Nonexclusive Remedies. Fines and/or suspensions shall not be construed as exclusive remedies and shall exist in addition to all other rights and remedies to which the Association may be legally entitled at law or in equity; however, any fine paid by an Owner shall be deducted or offset against any damages that the Association may otherwise be entitled to recover from Owner. 12.15. Notice as to On-Site and Off-Site Activities. ALL OWNERS, OCCUPANTS, AND USERS OF THE PROPERTIES ARE HEREBY PLACED ON NOTICE THAT DECLARANT AND OTHERS, WHETHER RELATED OR UNRELATED, MAY FROM TIME TO TIME CONDUCT DEVELOPMENT, CONSTRUCTION, RANCHING, FARMING, AGRICULTURAL, MINING, BLASTING, PLANT OPERATION AND OTHER ACTIVITIES NOT NORMALLY ASSOCIATED WITH A RESIDENTIAL SUBDIVISION, EITHER WITHIN, NEARBY OR WITHIN SIGHT OR SOUND OF THE PROPERTIES. SUCH ACTIVITIES MAY INCLUDE SITE CLEARING (INCLUDING THE REMOVAL OF LARGE AMOUNTS OF TREES), BLASTING, KEEPING OF LIVE STOCK, SPRAYING, FERTILIZING, EARTH MOVING, TRAFFIC- GENERATING AND OTHER PRACTICES CREATING UNSIGHTLY CONDITIONS, NOISE (AT ALL HOURS)AND DISTURBING ODORS. ALL OWNERS, OCCUPANTS AND USERS OF THE PROPERTIES ARE HEREBY NOTIFIED OF THE FOREGOING ACTIVITIES AND, BY ACCEPTANCE OF TITLE TO THEIR RESPECTIVE PORTIONS OF THE PROPERTY OR MAKING ANY USE THEREOF, AUTOMATICALLY ACKNOWLEDGE, STIPULATE AND AGREE (i) THAT NONE OF THE AFORESAID ACTIVITIES SHALL BE DEEMED NUISANCES OR NOXIOUS OR OFFENSIVE ACTIVITIES HEREUNDER OR AT LAW GENERALLY, (ii) NOT TO ENTER UPON, OR ALLOW THEIR CHILDREN OR OTHER PERSONS UNDER THEIR CONTROL OR DIRECTION TO ENTER UPON (REGARDLESS OF WHETHER SUCH ENTRY IS A TRESPASS OR OTHERWISE) ANY PROPERTY WITHIN OR IN PROXIMITY TO THE AREAS WHERE SUCH ACTIVITIES ARE BEING CONDUCTED (EVEN IF NOT BEING ACTIVELY CONDUCTED AT THE TIME OF ENTRY, SUCH AS AT NIGHT OR OTHERWISE DURING NON-WORKING HOURS), (iii) -51 - i ` A 6 DECLARANT AND ANY OTHER PARTY CONDUCTING OR PARTICIPATING IN SUCH ACTIVITIES SHALL NOT BE LIABLE FOR ANY LOSSES, DAMAGES (COMPENSATORY, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURIES OR DEATHS ARISING FROM OR RELATING TO THE AFORESAID ACTIVITIES,(iv)ANY PURCHASE OR USE OF ANY PORTION OF THE PROPERTIES HAS BEEN AND WILL BE MADE WITH FULL KNOWLEDGE OF THE FOREGOING AND (v) THIS ACKNOWLEDGMENT AND AGREEMENT IS A MATERIAL INDUCEMENT TO DECLARANT TO SELL, CONVEY, LEASE AND/OR ALLOW THE USE OF THE APPLICABLE PORTION OF THE PROPERTIES. LANDS NEARBY OR WITHIN SIGHT OR SOUND OF THE SUBDIVISION MAY BE USED FOR AGRICULTURAL AND OTHER NON-RESIDENTIAL PURPOSES, INCLUDING, WITHOUT LIMITATION, DEVELOPMENT, CONSTRUCTION, RANCHING, FARMING, AGRICULTURE, MINING, BLASTING, PLANT OPERATION, COMMERCIAL AND/OR INDUSTRIAL USES, AND OTHER ACTIVITIES NOT NORMALLY ASSOCIATED WITH A RESIDENTIAL SUBDIVISION. SUCH ACTIVITIES MAY INCLUDE SITE CLEARING (INCLUDING THE REMOVAL OF LARGE AMOUNTS OF TREES), BLASTING, KEEPING OF LIVE STOCK, SPRAYING, FERTILIZING, EARTH MOVING, TRAFFIC-GENERATING AND OTHER PRACTICES CREATING UNSIGHTLY CONDITIONS, NOISE (AT ALL HOURS) AND DISTURBING ODORS. LANDS NEXT TO THE SUBDIVISION MAY ALSO INCLUDE IMPACTS RELATING TO THE USE OF AIRCRAFT AND OTHER DEVICES ASSOCIATED WITH LOCAL GOVERNMENT MOSQUITO CONTROL DISTRICTS AND THE LIKE, INCLUDING, BUT NOT LIMITED TO, AIRCRAFT NOISE, VIBRATIONS, ODORS, VAPORS, EXHAUST, SMOKE, DUST, EMISSION OF PESTICIDES, AND OTHER EFFECTS INHERENT IN THE OPERATION OF AIRCRAFT OVER AND THROUGH AIRSPACE ABOVE AND ADJACENT TO THE SUBDIVISION, INCLUDING THE OPERATION OF HELIPADS AND RUNWAYS. DEVELOPER MAKES NO REPRESENTATIONS TO ANY LOT OWNER AS TO THE NATURE OF CURRENT AND FUTURE USES OF ADJACENT PROPERTY. 12.16. Notices and Disclaimers as to Water Bodies, Common Areas, and Other Matters. NEITHER DECLARANT, THE DEVELOPER, THE INITIAL LANDOWNER, THE ASSOCIATION, THE CDD NOR ANY OF THEIR OFFICERS, DIRECTORS, COMMITTEE MEMBERS, EMPLOYEES, MANAGEMENT AGENTS, CONTRACTORS OR SUBCONTRACTORS (COLLECTIVELY, THE "LISTED PARTIES") SHALL BE LIABLE OR RESPONSIBLE FOR MAINTAINING OR ASSURING THE SAFETY, WATER QUALITY OR WATER LEVEL OF/IN ANY LAKE, POND, CANAL, CREEK, STREAM OR OTHER WATER BODY WITHIN THE PROPERTIES,EXCEPT AS SUCH RESPONSIBILITY MAY BE SPECIFICALLY IMPOSED BY,OR CONTRACTED FOR, WITH AN APPLICABLE GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY OR AUTHORITY. FURTHER, NONE OF THE LISTED PARTIES SHALL BE LIABLE FOR ANY PROPERTY DAMAGE, PERSONAL INJURY OR DEATH OCCURRING IN, OR OTHERWISE RELATED TO, ANY WATER BODY, ALL PERSONS USING SAME DOING SO AT THEIR OWN RISK. ALL OWNERS AND USERS OF ANY PORTION OF THE PROPERTIES LOCATED ADJACENT TO OR HAVING A VIEW OF ANY OF THE AFORESAID WATER BODIES SHALL BE DEEMED, BY VIRTUE OF THEIR ACCEPTANCE OF THE DEED TO OR USE OF, SUCH PROPERTY, TO HAVE AGREED TO RELEASE THE LISTED PARTIES FROM ALL CLAIMS FOR ANY AND ALL CHANGES IN THE QUALITY AND LEVEL OF THE WATER IN SUCH BODIES. ALL PERSONS ARE HEREBY NOTIFIED THAT FROM TIME TO TIME ALLIGATORS, SNAKES, MICE AND OTHER WILDLIFE (AS DEFINED IN ARTICLE 4.06) MAY HABITAT OR ENTER INTO WATER BODIES, COMMON PROPERTY, LOTS AND DWELLING UNITS WITHIN OR NEARBY THE PROPERTIES AND MAY POSE A THREAT TO PERSONS, PETS AND -52- 1 6 A 6 PROPERTY, BUT THAT THE LISTED PARTIES ARE UNDER NO DUTY TO PROTECT AGAINST, AND DO NOT IN ANY MANNER WARRANT OR INSURE AGAINST, ANY DEATH, INJURY OR DAMAGE CAUSED BY SUCH WILDLIFE. THE LISTED PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR MAINTAINING OR ASSURING THE SAFETY OF, OR TO PROVIDE SUPERVISORY PERSONNEL FOR ANY LAKE, RECREATION AREA, NATURE AREA OR ANY OTHER COMPONENT OF THE COMMON AREAS OR THE PROPERTIES, EXCEPT AS SUCH RESPONSIBILITY MAY BE SPECIFICALLY IMPOSED BY, OR CONTRACTED FOR WITH, AN APPLICABLE GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY OR AUTHORITY. ANY OWNER OR INDIVIDUAL USING SUCH AREAS SHALL DO SO AT HIS/HER OWN RISK AND HEREBY FOR HIMSELF/HERSELF AND HIS/HER FAMILY MEMBERS, TENANTS, AND GUESTS, AGREES TO INDEMNIFY AND HOLD THE LISTED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS OR LOSSES,PROPERTY DAMAGE, PERSONAL INJURY OR DEATH ARISING FROM SUCH USE. THE LISTED PARTIES SHALL NOT BE LIABLE FOR LOSS OR DAMAGE TO PROPERTY OR FOR PERSONAL INJURY OR DEATH ARISING DIRECTLY OR INDIRECTLY FROM ENTRY BY ANY PERSON INTO THE PROPERTIES OR FROM THE CONSEQUENCES ARISING FROM SUCH ENTRY. EVERY OWNER OR INDIVIDUAL SHALL BE RESPONSIBLE FOR THEIR OWN SECURITY AND PERSONAL PROTECTION AND HEREBY FOR HIMSELF/HERSELF AND HIS/HER FAMILY MEMBERS, TENANTS, AND GUESTS, AGREES TO INDEMNIFY AND HOLD THE LISTED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS OR LOSSES, PROPERTY DAMAGE, PERSONAL INJURY INCLUDING DEATH ARISING DIRECTLY OR INDIRECTLY FROM ENTRY BY PERSONS INTO THE PROPERTIES OR FROM THE CONSEQUENCES ARISING FROM SUCH ENTRY. REGARDLESS OF WHETHER THE PROPERTY HAS A SECURITY DEVICE, SECURITY CAMERA, SECURITY PERSONNEL, IS MONITORED, OR THE LIKE, DECLARANT,DEVELOPER, CDD AND ASSOCIATION MAKE NO REPRESENTATION OR WARRANTY, WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AS TO THE SAFETY OF ANY OWNER AND HIS GUEST INCLUDING THE SAFETY OF ANY PROPERTY, AND ALL OWNERS AND THEIR GUESTS SHALL USE SUCH PROPERTY AND ENTER THE SUBDIVISION AT HIS OWN RISK. THE LISTED PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR OR MAKE ANY GUARANTY OR WARRANTY WITH REGARD TO THE INSTALLATION, MAINTENANCE AND OPERATION OF ANY THIRD PARTY EQUIPMENT, FACILITIES, SYSTEMS AND RELATED IMPROVEMENTS, INCLUDING, WITHOUT LIMITATION, UTILITY FACILITIES, WATER AND SEWER UTILITY FACILITIES, AND LIFT STATION EQUIPMENT (HEREINAFTER REFERRED TO AS "THIRD PARTY UTILITIES"), EXCEPT AS SUCH RESPONSIBILITY MAY BE SPECIFICALLY IMPOSED BY, OR CONTRACTED FOR WITH, AN APPLICABLE GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY OR AUTHORITY. THE LISTED PARTIES SHALL NOT BE LIABLE FOR LOSS OR DAMAGE TO PROPERTY OR FOR PERSONAL INJURY OR DEATH ARISING DIRECTLY OR INDIRECTLY FROM THE INSTALLATION, MAINTENANCE OR OPERATION OF ANY SUCH THIRD PARTY UTILITIES. EVERY OWNER OR INDIVIDUAL SHALL BE RESPONSIBLE FOR THEIR OWN USAGE OF AND RELIANCE UPON SUCH THIRD PARTY UTILITIES AND HEREBY FOR HIMSELF/HERSELF AND HIS/HER FAMILY MEMBERS, TENANTS, AND GUESTS, AGREES TO INDEMNIFY AND HOLD THE LISTED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS OR LOSSES ARISING DIRECTLY OR INDIRECTLY FROM THE INSTALLATION, MAINTENANCE AND OPERATION OF SUCH THIRD PARTY UTILITIES. -53- 1 6 A 6 THE LISTED PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR OR MAKE ANY GUARANTY OR WARRANTY WITH REGARD TO THE NATURAL GROWTH OF ANY TREES OR OTHER LANDSCAPING INSTALLED ON THE PROPERTY AND FOR ANY IMPACT THAT SUCH GROWTH MAY IMPART ON SIDEWALKS, UTILITIES, FOUNDATIONS OR OTHER IMPROVEMENTS CONSTRUCTED ON THE LOTS. LANDS WITHIN THE STATE OF FLORIDA, INCLUDING SKYSAIL, HAVE HISTORICALLY BEEN WIDELY USED FOR AGRICULTURAL PURPOSES AND CONTINUE TO BE USED FOR SUCH PURPOSES. ALL OR PART OF THE PROPERTY ON WHICH THE SUBDIVISION IS BEING DEVELOPED IS KNOWN TO HAVE BEEN USED AT SOME TIME FOR AGRICULTURAL PURPOSES, WHICH, IN ALMOST ALL CASES, WOULD HAVE INVOLVED THE USE OF SOME FORMS OF PESTICIDES, HERBICIDES, FERTILIZERS OR OTHER AGRICULTURAL AGENTS. REMNANTS OF THESE COMPOUNDS AND THEIR DERIVATIVES, INCLUDING, WITHOUT LIMITATION, PHOSPHATES, NITRATES, NITRITES, ARSENIC, CHROMIUM, LEAD AND PESTICIDES ARE MOST CERTAINLY PRESENT IN THE SOIL AND WATER WITHIN FORMER AGRICULTURAL AREAS AND EXPOSURE TO THESE AGENTS MAY PRESENT POTENTIAL HEALTH RISKS. EXPOSURE TO THESE AGENTS MAY OCCUR THROUGH CONTACT WITH THE SOIL AND GROUNDWATER. NO GROUND DISTURBANCE, DIGGING OR EXCAVATION OF EIGHTEEN INCHES OR MORE DEEP SHALL BE PERMITTED ON A LOT OR ANYWHERE WITHIN THE SUBDIVISION PROPERTY WITHOUT PRIOR APPROVAL OF THE ARC AND SAME SHALL BE CONDUCTED IN CONFORMITY WITH ALL ARC RULES REGARDING DIGGING AND EXCAVATION. ALL PERSONS, BUT ESPECIALLY INFANTS, CHILDREN, AND WOMEN WHO ARE PREGNANT OR MAY BECOME PREGNANT, SHOULD NOT BE EXPOSED TO SOIL OR WATER OF UNKNOWN CONTENT. LANDS NEARBY OR WITHIN SIGHT OR SOUND OF THE SUBDIVISION MAY BE USED FOR AGRICULTURAL AND OTHER NON-RESIDENTIAL PURPOSES, INCLUDING, WITHOUT LIMITATION, DEVELOPMENT, CONSTRUCTION, TRANSPORTATION, RANCHING, FARMING, AGRICULTURE, MINING, BLASTING, PLANT OPERATION AND OTHER ACTIVITIES NOT NORMALLY ASSOCIATED WITH A RESIDENTIAL SUBDIVISION. SUCH ACTIVITIES MAY INCLUDE SITE CLEARING (INCLUDING THE REMOVAL OF LARGE AMOUNTS OF TREES), BLASTING, KEEPING OF LIVE STOCK, SPRAYING, FERTILIZING, EARTH MOVING, TRAFFIC-GENERATING AND OTHER PRACTICES CREATING UNSIGHTLY CONDITIONS,NOISE(AT ALL HOURS)AND DISTURBING ODORS. RADON IS A NATURALLY OCCURRING RADIOACTIVE GAS THAT, WHEN IT HAS ACCUMULATED IN A BUILDING OR UNIT IN SUFFICIENT QUANTITIES, MAY PRESENT HEALTH RISKS TO PERSONS WHO ARE EXPOSED TO IT OVER TIME. LEVELS OF RADON THAT EXCEED FEDERAL AND STATE GUIDELINES HAVE BEEN FOUND IN BUILDINGS IN FLORIDA. ADDITIONAL INFORMATION REGARDING RADON AND RADON TESTING MAY BE OBTAINED FROM YOUR COUNTY HEALTH DEPARTMENT. ALL OWNERS ARE DEEMED BY ACCEPTANCE OF THEIR LOT TO ACKNOWLEDGE THAT THE PROPERTY MAY CONTAIN OR MAY BE ADJACENT TO A COUNTY OR STATE PROTECTED PRESERVE, WETLAND, OR ENVIRONMENTALLY SENSITIVE LAND AND THAT THE ABILITY TO BUILD, TRIM, CUT, MOW, OR OTHERWISE PERFORM ANY ACTIVITY THEREIN MAY BE LIMITED. JUST AS THIS DEVELOPMENT WILL IMPACT THE SURROUNDING AREAS, THE EXISTING AND FUTURE DEVELOPMENT OF SURROUNDING AREAS WILL IMPACT THE SUBDIVISION AND YOUR USE AND ENJOYMENT OF YOUR PROPERTY. AS SURROUNDING -54- i6A 6 AREAS ARE DEVELOPED, PEOPLE LIVING IN THIS SUBDIVISION MAY BE IMPACTED BY NEW OR EXPANDED ROADWAYS, EXISTING AND INCREASED POPULATION AND TRAFFIC, INCLUDING THE POSSIBILITY THAT RESIDENTS AND THEIR CHILDREN IN THE SURROUNDING DEVELOPMENTS MAY ENTER AND USE PUBLIC INFRASTRUCTURE IN THE SUBDIVISION, AND ADDITIONAL NOISE AND OTHER EFFECTS OF LAND AND ROADWAY DEVELOPMENT. DECLARANT AND DEVELOPER MAKE NO REPRESENTATIONS TO OWNER AS TO THE NATURE OF CURRENT AND FUTURE ROADWAYS IMPROVEMENTS, INCLUDING COUNTY THOROUGHFARE PLANS. ROADS IN AND ADJACENT TO THE SUBDIVISION MAY BE EXPANDED, WIDENED AND FURTHER DEVELOPED AND DECLARANT AND DEVELOPER MAKE NO REPRESENTATION TO OWNER AS TO HOW FUTURE ROADWAY PLAN MAY AFFECT THE SUBDIVISION AND THE OWNER'S USE OF HIS LOT. THE NAMES AND ADDRESSES OF SEXUAL OFFENDERS AND PREDATORS ARE AVAILABLE UNDER THE PUBLIC SAFETY INFORMATION ACT, FLORIDA SEXUAL OFFENDER/PREDATOR REGISTRATION AND NOTIFICATION PROGRAM, FLORIDA STATUTE § 775.21. INFORMATION CAN BE OBTAINED BY CALLING 1-888-357-7332 OR VIA THE INTERNET AT http://offender.fdle.state.fl.us/offender/About.htm OR WWW.FDLE.STATE.FL.US. OWNERS ARE URGED TO EXERCISE DUE DILIGENCE AND SEEK OUT THIS INFORMATION BEFORE BUYING A LOT WITHIN THE SUBDIVISION. TRANSMISSION POWER LINES MAY CROSS OVER AREAS OF THE SUBDIVISION. TRANSMISSION POWER LINES EMIT TWO TYPES OF FIELDS, ELECTRIC AND MAGNETIC, TOGETHER THEY ARE CALLED ELECTRO-MAGNETIC FIELDS (EMF). EMF MAY CAUSE CERTAIN ELECTRONIC DEVISES AND CELL PHONES IN CLOSE PROXIMITY TO THE EMF TO OPERATE IMPROPERLY. WHILE THERE IS LITTLE EVIDENCE THAT EMF DIRECTLY IMPACTS HUMAN HEALTH, DIRECT EXPOSURE TO MAGNETIC FIELDS MAY CAUSE OR INCREASE HEALTH RISKS,ESPECIALLY TO CHILDREN AND PREGNANT WOMEN. 12.17. Express Disclaimer of Warranties and Causes of Action. EXCEPT FOR ANY SPECIFIC WARRANTIES CONTAINED IN THE DEED OF CONVEYANCE AND ANY SPECIFIC WRITTEN WARRANTIES DELIVERED AT CLOSING, NO WARRANTIES, EXPRESSED OR IMPLIED, REPRESENTATIONS, UNDERSTANDINGS, GUARANTIES OR PROMISES HAVE BEEN MADE TO OR SHALL BE RELIED UPON BY ANY LOT OWNER, HIS AGENTS, HEIRS, REPRESENTATIVES OR ASSIGNS (OR ANY MORTGAGEE OR ITS ASSIGNS HOLDING A SECURITY INSTRUMENT FOR ANY LOT IN THE SUBDIVISION)PURCHASING A LOT IN THE SUBDIVISION OR UNDER THE TERMS OF THIS DECLARATION AGREEMENT; AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND HABITABILITY, AND ALL WARRANTIES IMPOSED BY STATUTE AND CASE LAW (EXCEPT TO THE EXTENT THEY CANNOT BE DISCLAIMED) AND STATUTORY CAUSES OF ACTION INCLUDING BUT NOT LIMITED TO A CAUSE OF ACTION UNDER CHAPTER 553.84,FLORIDA STATUTES AND ACTIONS IN TORT ARE HEREBY FULLY AND COMPLETELY DISCLAIMED. AS TO ANY IMPLIED WARRANTIES, STATUTORY CAUSES OF ACTION OR ACTIONS IN TORT WHICH CANNOT BE DISCLAIMED EITHER IN WHOLE OR IN PART, INCIDENTAL AND CONSEQUENTIAL DAMAGES ARE DISCLAIMED AND AFFIRMATIVELY WAIVED, AND DECLARANT AND/OR DEVELOPER SHALL HAVE NO RESPONSIBILITY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, ANY CLAIMS FOR PERSONAL INJURY,DEATH,PROPERTY DAMAGE, OR EMOTIONAL DISTRESS. DECLARANT AND DEVELOPER MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE NOR -55- 1 6 A 6 MERCHANTABILITY NOR HABITABILITY OF THE SUBDIVISION IMPROVEMENTS, AS SAME MAY BE REFLECTED ON THE PLAT FOR THIS SUBDIVISION OR ARE OTHERWISE CONSTRUCTED IN, ON, OVER, UNDER OR ACROSS THE SUBDIVISION, INCLUDING BUT NOT LIMITED TO, ANY AND ALL PRODUCTS AND MATERIALS USED IN, ON OR IN CONNECTION WITH THE SUBDIVISION IMPROVEMENTS, INCLUDING BUT NOT LIMITED TO, MATERIALS ASSOCIATED WITH THE ROADWAYS, INCLUDING ASPHALT. DECLARANT AND DEVELOPER SPECIFICALLY DISCLAIM ANY AND ALL NEGLIGENCE ASSOCIATED WITH THE SUBDIVISION IMPROVEMENTS, INCLUDING BUT NOT LIMITED TO, THINNING, WEARING OR OTHER DESTRUCTION TO ASPHALT OR CONCRETE ON THE ROADWAYS RESULTING IN WEAR AND TEAR, THINNING, HOLES, SUBSURFACE FAILURES, CRACKS AND THE LIKE; IMPROPER DRAINAGE OR RETENTION FAILURES ASSOCIATED WITH THE STORMWATER SYSTEM, LAKES, PONDS, DRAINS AND SWALES; AND ANY DEFECTS ASSOCIATED WITH FAILURES OF THE WATER AND SEWER SYSTEM. ALL LOT OWNERS AND THE ASSOCIATION, TO THE EXTENT PERMITTED BY LAW, SHALL RECEIVE THIS PROJECT AND THE SUBDIVISION IMPROVEMENTS THEREIN "AS IS" AND "WHERE IS" AND PRIOR TO PURCHASING ANY LOT IN THE SUBDIVISION SHOULD CONDUCT WHATEVER INSPECTION OR INQUIRY AS MAY BE CONSIDERED NECESSARY TO BE CERTAIN OF THE QUALITY AND CONDITION OF THE SUBDIVISION IMPROVEMENTS. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS DOCUMENT. THIS ABSOLUTE DISCLAIMER OF WARRANTY OF ALL SUBDIVISION IMPROVEMENTS IS OF THE ESSENCE OF THIS AGREEMENT AND BY PURCHASING A LOT HEREIN SUBJECT TO THE RESTRICTIONS, RESERVATIONS AND COVENANTS SET FORTH HEREIN THIS AGREEMENT, ALL LOT OWNERS (AND MORTGAGEES), AS WELL AS THE ASSOCIATION, AGREE, ACCEPT AND ACKNOWLEDGE THAT DEVELOPER AND DECLARANT HAVE HEREBY DISCLAIMED ANY AND ALL LIABILITY ASSOCIATED WITH THE SUBDIVISION IMPROVEMENTS. 12.18. Rights as a Third Party Beneficiary. Declarant shall be and is hereby declared to be an intended third-party beneficiary of this Declaration, as same may be amended from time to time, including any Governing Documents of the Association established for the Property. After turnover of the Association, Declarant shall continue to be entitled to enforce this Declaration and all Governing Documents as a third-party beneficiary of same; provided however, the Declarant will not be deemed to have assumed any obligations under the Governing Documents. ARTICLE 13 PAIRED VILLAS ADDITIONAL PROVISIONS 13.01. Lot Line Maintenance Easement. All easements referenced herein this Declaration shall be in addition to all other easements as referenced on the Plats. When any Lot(the"Servient Lot") abuts another Lot(the"Dominant Lot")on which the wall of a Unit has been or can be constructed within two (2) feet of the property line shared by the Dominant Lot and the Servient Lot, the Owner of the Dominant Lot shall have an easement over the Servient Lot, which easement shall be five (5) feet wide measured from the common property line reasonably necessary for the following purposes: a) For installation, maintenance, repair, replacement and the provision of utility services, equipment and fixtures to serve the Dominant Lot, including, but not limited to electricity, telephones, sewer, water, lighting, irrigation, drainage and other communication and community systems. -56- 1 6 A 6 b) For entry upon, and for ingress and egress through the Servient Lot, with persons, materials and equipment to the extent reasonably necessary in the performance of the maintenance,repair,replacement of the Unit or any improvements on the Dominant Lot. c) For overhanging troughs or gutters, down-spouts and the discharge therefrom of rainwater and the subsequent flow thereof over the easement area and the Common Property. An Owner of the Servient Lot shall do nothing on his Lot that unreasonably interferes with or impairs the use of this easement. 13.02. Zero Lot Line Maintenance Easement. When any Lot(the "Servient Lot") abuts another Lot (the "Dominant Lot") on which the exterior wall of a Unit has been or can be constructed against or immediately contiguous to the interior property (perimeter) line shared by the Dominant Lot and the Servient Lot, then the Owner of the Dominant Lot shall have an easement over the Servient Lot, which easement shall be of a width contiguous to the interior property line running from the front property line to the rear property line of the Servient Lot reasonably necessary for the following purposes: a) For ingress, egress, installation, maintenance, repair, replacement and the provision of utility services, equipment and fixtures to serve the Dominant Lot, including, but not limited to, electricity, telephones, sewer, water, lighting, irrigation, drainage and other communication and community systems. b) Of support in and to all structural members, footings and foundations of the Unit or other improvements that are necessary for support of the Unit or other improvements on the Dominant Lot. Nothing in this Declaration shall be construed to require the Owner of the Servient Lot to erect, or permit the erection of, additional columns, bearing walls or other structures on his Lot for the support of the Dominant Lot. c) For entry upon, and for ingress and egress through the Servient Lot,with persons, materials and equipment, to the extent reasonably necessary in the performance of the maintenance, repair, replacement of the Unit or any improvements on the Dominant Lot. d) For overhanging troughs or gutters, down-spouts and the discharge therefrom of rainwater and the subsequent flow thereof over the easement area and the Common Property. An Owner of a Servient Lot shall do nothing on his Lot that unreasonably interferes with or impairs the use of this easement. 13.03. Party Walls. Each wall and fence, if any, built as part of the original construction of the Units or Lots within the Subdivision and placed on the dividing line between the Lots or Units and acting as a commonly shared wall or fence shall constitute a party wall, and each Owner shall own that portion of the wall and fence which stands on his own Lot, with a cross-easement of support in the other portion. If a wall or fence separating two (2)Units or Lots, and extensions of such wall or fence, shall lie entirely within the boundaries of one Lot, such wall or fence, together with its extensions, shall also be a party wall and the Owner of the adjacent Lot shall have a perpetual easement to benefit from the party wall as if same were subject to the foregoing sentence. -57- 1 6 A 6 Easements are reserved in favor in all Lots over all other Lots and the Common Areas and/or Common Property for overhangs or other encroachments resulting from original construction and reconstruction as aforesaid. Anything to the contrary herein notwithstanding, where adjacent Units share only a portion of a wall (e.g., where a one-story Unit abuts a two-story Unit), only that portion of the wall actually shared by both Units shall be deemed a party wall. That portion of the wall lying above the one-story Unit and used exclusively as a wall for the second floor of the abutting two-story Unit shall not be deemed a party wall, but shall be maintained and repaired exclusively by the Owner of the two-story Unit even if lying in whole or in part on the abutting Lot on which the one-story Unit is constructed and over the roof and other portions of such abutting one-story Unit to permit the upper portion of the wall of the two-story Unit to be maintained and repaired by the Owners of the Lot on which such two-story Unit is constructed. The costs of reasonable repair and maintenance of a party wall shall be shared equally by the Owners who make use of the wall. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore same, but shall not construct or extend same to any greater dimension than that existing prior to such fire or other casualty, without the prior written consent of the adjacent Lot Owner. The extension of a party wall used by only a two-story Unit abutting a one-story Unit shall be promptly and diligently repaired and/or replaced by the Owner of the two-story Unit at his sole cost and expense, even if lying in whole or in part on the abutting Lot. No part of any addition to the dimensions of said party wall or of any extension thereof already built that may be made by any of said Owners, or by those claiming under any of them, respectively, shall be placed upon the Lot of the other Owner, without the written consent of the latter first obtained, except in the case of the aforesaid wall of a two-story Unit. If the other Owner thereafter makes use of the party wall, he shall contribute to the cost of restoration thereof in proportion to such use, without prejudice, however, to the right of any such Owner to call for a larger contribution from the other under any rule of law regarding liability for negligent or willful acts or omissions. Notwithstanding any other provision of this Section, if any Owner,or his family members, guests, tenants and invitees, by any of their negligent or willful acts, causes that part of the party wall not previously exposed to be exposed to the elements, such Owner shall bear the whole cost of furnishing the necessary protection against such elements. The right of any Owner to contribution from any other Owner under this Section shall be appurtenant to the land and shall pass to such Owner's successors in title. Upon a conveyance or other transfer of title,the liability hereunder of the prior Owner shall cease. In the event of any dispute arising concerning a party wall, or otherwise under the provisions of this Section, such dispute shall be resolved per the dispute resolution process set forth in the Declaration. ARTICLE 14 LOT MAINTENANCE SERVICES 14.01. Services at Discretion of Developer and/or Association. Developer, and after the Turnover Date, the Association, in their sole and absolute discretion may elect that the Association provide from time to time certain Lot Maintenance Services, such as by way of example, mowing, fertilizing, yard pest control, tree trimming, landscape maintenance or other specifically identified services, (the "Lot Maintenance Services"), for identified Lots in the Subdivision, or for a particular -58- I 6 A 6 Neighborhood or Lot Type therein. Developer, and after the Turnover Date, the Association, shall have the discretion of implementing such services on an optional or mandatory basis for the selected Lots, Neighborhoods or Lot Types. The type and scope of the Lot Maintenance Services may be changed, expanded or deleted at the discretion of the Developer, and after Turnover, the Association, in their sole and absolute discretion at any time. Once implemented, the Lot Maintenance Services shall be required of each selected Lot, Neighborhood or Lot Type unless and until discontinued by the Developer or Association, as set forth below. Each Owner shall be obligated to pay its respective share of the monthly service charges and all other costs and expenses of the Association in providing the Lot Maintenance Services, which service charges, costs and expenses shall be payable as a Regular Assessment or Neighborhood Assessment, and assessed, charged and collected as any other Regular or Neighborhood Assessment provided for herein. The Lot Maintenance Services shall be selected and may be discontinued at the sole and absolute discretion of the Developer, and after the Turnover Date, by the Association. The Developer and Association, and their agents and assigns, shall have a non-exclusive, perpetual easement on, over, under and across all Common Property and Lots in the Subdivision for access, ingress, egress and use by the Developer and/or Association to perform or cause to be performed the afore-mentioned Lot Maintenance Services. Lot Maintenance Services shall not include replacement of any landscaping or trees; all Lot Owners shall be required to replace landscaping and/or trees per the requirements set forth herein this Declaration and the Code, at the Owner's sole cost and expense. Notwithstanding anything to the contrary herein, any and all costs and expenses of any Lot Maintenance Services which are caused or necessitated by any act or omission, of any nature whatsoever, by any Owner, including his agents, assigns, guests, or invitees, shall be a personal liability of the Owner in the form of a Special Assessment to be paid directly by the Owner to the Association and shall also be a continuing obligation and lien upon his Lot, running with the land, until paid. The specific Lot Maintenance Services provided by the Association for any Lot at any particular time may be changed, from time to time, and shall be provided to the Lot Owner by the Association. 14.02. Lot Maintenance Services for the Paired Villas Lot Type. For the Paired Villas Lot Type, and until terminated, discontinued or changed, the Association shall provide the following Lot Maintenance Services,with all costs and expenses association with same being paid by Lot Owners as an Assessment: (a) lawn maintenance, such as by way of example, mowing, fertilizing, yard pest control, tree trimming, landscape maintenance or other similar services (but not tree or landscaping replacement,which replacement shall be required to be performed by each Lot Owner, at his sole cost and expense, in compliance with this Declaration, the Code and the rules, regulations and standards of the Association and its ARC); (b) lot irrigation, with watering schedules mandated by the applicable Perpetual Maintenance Entity; (c) exterior roof repair, maintenance and replacement of the Paired Villas exterior roofs and exterior painting of stucco and related stucco repairs of the Paired Villas Units; provided however, and notwithstanding anything to the contrary herein this Declaration, the aforementioned Paired Villas' Lot Maintenance Services related to exterior roof repair, maintenance and replacement and exterior painting of the Paired Villas' stucco and related stucco repairs shall only be performed by the Association for what the Association, in its sole and absolute discretion, deems to be non-casualty, non-insurable events (regardless of whether the Lot Owner's insurance carrier provides coverage or whether insurance coverage is available), that are not otherwise caused by the negligent or intentional acts or omissions of the Lot Owner, his agents, guests, family, tenants or invitees, and which are deemed to be necessitated because the improvement has reached the end of its useful life, as determined by the Association in its sole and absolute discretion. The Lot Maintenance Services of replacement, including repair and maintenance, of Paired Villas' exterior roofs and exterior repainting, including repair of Paired Villas' exterior stucco, shall only be performed at the end of their useful life, as confirmed and determined by the Association, in its sole and absolute discretion. All costs and expenses of the Association, associated with its performance the aforementioned -59- 1 6 A 6 Lot Maintenance Services, shall be paid by the Lot Owners as an Assessment. Lot Owners shall be required to give Association, and its assigns, agents and contractors/subcontractors reasonable access, upon prior written notice, to the interior of any dwelling unit if necessary in order for the Association to perform its Lot Maintenance Services relating to exterior roof repair,maintenance and replacement or any stucco repairs. The provisions of Article 14 and specifically this Section 14.02 shall be subject to those additional provisions and terms requiring the Lot Owner to repair, maintain and replace all aspects of his dwelling unit, including the exterior roof and exterior stucco and painting, all as set forth in Article 8, above, regardless of whether the Association performs, or has agreed to perform, any of the Lot Maintenance Services. Notwithstanding anything to the contrary herein, (a) any and all costs and expenses of any Lot Maintenance Services which are caused or necessitated by any act or omission, of any nature whatsoever,by any Owner, including his agents, assigns, family, guests, or invitees, shall be a liability of the Owner to be paid directly by the Owner to the Association as well as a continuing lien upon his Lot, running with the land,until paid; and(b)the Lot Owner shall at all times be solely financially responsible for any and all repairs to his Paired Villas Unit, including completely rebuilding same, as well as for all improvements on the Paired Villas Lot, regardless of whether the Association has elected to perform Lot Maintenance Services. The Lot Owner shall not permit his Lot and dwelling Unit thereon to waste or remain in a state of disrepair if the Association fails to perform the Lot Maintenance Services. 14.03. No Third Party Claims / Notice to Association. In performing the Lot Maintenance Services, the Association is acting as the Lot Owner's agent only and not in its "representative capacity." The Association's performance of the Lot Maintenance Services does not in any way make the Lot Maintenance Services Common Elements or Common Property of the Association or Subdivision. The Association is not authorized nor permitted to bring any claims, lawsuits or other actions against any third parties relating to the Lot Maintenance Services; and, any such claims, lawsuits or other actions against third parties relating to the Lot Maintenance Services may only be brought by the individual Lot Owner himself. In the event of any dispute between the Lot Owner and the Association regarding the Lot Maintenance Services, and prior to initiating any claim, lawsuit or other action against the Association, and in addition to all other provisions in this Declaration regarding "Disputes" and prerequisites to the filing of lawsuits, the Lot Owner shall first give Association thirty (30) days written notice of the Lot Owner's disputed claim,upon the receipt of which,the Association shall have thirty(30) days to either cure or commence to cure, if the work cannot reasonably be performed in thirty (30) days, the matters set forth in the disputed claim. The Lot Owner shall at all times be responsible for insuring that his Lot and Unit are properly maintained and repaired; any failure by the Association to adequately perform the Lot Maintenance Services shall not relieve the Lot Owner from his responsibility to maintain and repair his Lot and Unit. ANY PROSPECTIVE BUYER OF A LOT, AND ALL LOT OWNERS, ARE RESPONSIBLE FOR INQUIRING WITH DEVELOPER, AND AFTER TURNOVER, THE ASSOCIATION, AS TO WHETHER HIS/HER LOT IS SUBJECT TO LOT MAINTENANCE SERVICES AND WHICH SERVICES ARE APPLICABLE. ARTICLE 15 COMMUNITY DEVELOPMENT DISTRICT 15.01 Hyde Park Community Development District 1. The SkySail Project is planned to be within the jurisdiction of a Community Development District, and each phase of the SkySail project may be within separate Community Development Districts, such that multiple Community Development Districts may have jurisdiction over the overall Project. -60- I 6 A 6 The SkySail-Phase One platted lands are within the jurisdiction of the Hyde Park Community Development District 1, which may be referred to herein as "Community Development District," "CDD" and/or"District." The CDD is a local unit of special purpose government established pursuant to Chapter 190, Florida Statutes, as a special taxing district to construct, own, operate and/or maintain certain public improvements and facilities within the SkySail Subdivision. The CDD may impose taxes and/or assessments on Property located therein. These taxes and/or assessments pay the debt service on the bonds and other costs associated with the construction, operation and/or maintenance of the public improvements and facilities of the CDDs. The CDD assessments contain both (i) debt assessments and (ii) operation and maintenance assessments. The operation and maintenance portion of the assessments are set annually by the governing board of the CDD. These taxes and assessments are in addition to: (i) County and all other taxes and assessments provided for by law, and (ii) assessments imposed by the Association. Each Lot Owner shall be responsible for paying the CDD taxes and assessments, (collectively the "CDD Assessments"), applicable to and imposed upon to the Lot(s) owned by such Lot Owner. Declarant reserves the right, but not the obligation, to convert and/or merge the CDD into a Stewardship District as provided under Florida law and/or establish multiple CDDs within the SkySail Project. Notwithstanding anything to the contrary herein, the CDD shall have an easement over, under, across, on and through all Property within the Subdivision, excluding within any Dwelling Units, to the extent necessary, for the CDD to access, construct, install, operate and maintain all services and facilities that are authorized to be provided by the CDD. Each Lot will be subject to and within the jurisdiction of the CDD, and Lot Owners are hereby notified: a) All of the Property is located within the boundaries of the CDD and shall be subject to the rules, regulations, resolutions, ordinances, agreements, fees, taxes and assessments enacted and imposed by the CDD. b) Notice is hereby given that the CDD's rules, regulations, ordinances, resolutions, budgets, CDD Assessments and all other matters of and pertaining to the CDD are held and managed by the CDD's Record Office and shall be in addition to all matters set forth herein this Declaration. The CDD's Record Office and copies of all matters pertaining to the CDD may be obtained by contacting the CDD's District Manager and by accessing the District's website. As required by Florida law, and specifically by Section 190.048,Florida Statutes,notice is hereby given to all Lot Owners: THE HYDE PARK COMMUNITY DEVELOPMENT DISTRICT 1 MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND ASSESSMENTS PAY THE CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES AND SERVICES OF THE DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW. (Signature Page to Follow) -61- 1 6 A 6 IN WITNESS WHEREOF, Declarant has caused these presents to be executed in its name by its members thereunto duly authorized as of the day and year first above written. Signed, sealed in the presence of: "DEVELOPER"/"DECLARANT": NEAL COMMUNITIES OF SOUTHWEST FLORIDA, LLC, a Florida limited liability company, the Developer and Initial Landowner By: NCDG Maria:- ,ent, LLC, a Florida limited liability co ., its Manager A By: i nss Name: Ja; es R. Sc ter Its: j anager ' 'lame o 17r c�/V .� / AI /lJ II►tness Cheryl Picerno Print Blame of Witness STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of( t/) physical presence or ( ) online notarization this &' day of Se,pke4v.1ee r ,2021,by James R. Schier, as Manager of NCDG Management, LLC, a Florida limited liability company, as Manager of Net Communities of Southwest Florida, LLC, a Florida limited liability company, on behalf of the Company, ( ✓) who is personally known to me, or( ) who has produced as identification. tgnature of tary Public Michele Zink Notary Public State of F,onaa (Af rint Notary Name: Miche.e Zink ,;_:" + My Commission GG 334513 OTARY PUBLIC STATE OF FLORIDA q;p'p Expires 07/13/2023 ommission No. xpiration Date: -62- 1 6 A 6 JOINDER BY INITIAL LANDOWNER The undersigned initial landowner of land being developed as SkySail -Phase One, hereby joins in, consents to and ratifies the Declaration and does hereby subject its Property to this Declaration, binding itself and its transferees, successors and assigns to all the covenants, conditions, easements, restrictions, reservations, assessments, liens and to all other terms and conditions therein. IN TN SS W EREOF, the undersigned party has executed this document on the 8' day of ,2021. HYDE PARK ND HOLDINGS, LLC, a Florida limited liabilit ompany By: Wttne s Name: es R. Schier Its: anager ' p. n 1ame o `� r ess Cheryl Picerno Print Name of Witness STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of( V) physical presence or ( ) online notarization this $ day of St fker•,)e..1--- ,2021,by James R. Schier,as Manager of YDE PARK LAND HOLDINGS, LLC, a Florida limited liability company, on behalf of the Company, ( V ) who is personally known to me,or( )who has produced as identification. gnature of Notary Public (Affi weivrU Notary Public State of Florida int Notary Name: Michele Zink P '6. Michele Zink ,STARY PUBLIC STATE OF FLORIDA My Commission GG 334513 Expires 07/13/2023 Pammission No. -0"` piration Date: -63- I6A 6 JOINDER BY ASSOCIATION The SKYSAIL VILLAGE HOMEOWNERS ASSOCIATION, INC., a Florida not for profit corporation, hereby joins in and consents to this Declaration for the purpose of accepting all terms, covenants, restrictions, conditions, reservations, obligations and responsibilities, including all maintenance obligations,and easements therein. IN WITNESS WHEREOF, the undersigned party has executed this document on the day of Ocry ,2021. SKYSAIL VILLAGE HOMEOWNERS ASSOCIATION,INC.,a Florida not for profit corporation By: �a ' // Beene(n s', tt rest ent a 'r ftt. �. / a..W /1. atur- 'rmte. ame STATE OF FLORIDA COUNTY OF COLLIER Le e The foregoing instrument was acknowledg d before me by means of( x ) physical presence or ( ) online notarization this �t day of OC... , 2021, by Ben Gibbs, as President of Skysail Village Homeowners Association, Inc., a Florida not for profit corporation, on behalf of the Corporation, ( ,\f ) who is personally known to me, or ( ) who has produced as identification. Signatur of Notary P lic (Affix Seal) Print Notary Name: Crystal Morris NOTARY PUBLIC STATE OF FLORIDA Commission No. _ rotary PLo _ erica Expiration Date: a 2023 nrNa. . _.-/ssr. -64- $ 6A 6 JOINDER AND CONSENT OF THE HYDE PARK COMMUNITY DEVELOPMENT DISTRICT 1 The HYDE PARK COMMUNITY DEVELOPMENT DISTRICT 1, a local unit of special purpose government established pursuant to Chapter 190, Florida Statutes, (the "District"), declares as follows: For good and valuable consideration, in hand paid by the record owner of said real Property, the receipt whereof is hereby acknowledged, the District hereby specifically joins in, consents to and ratifies the Declaration of Covenants, Conditions and Restrictions for SkySail, (the "Declaration"), as same may be amended from time to time, including all covenants, conditions, restrictions, reservations and easements therein said Declaration, and the District hereby accepts all operation and maintenance responsibilities established for the District as set forth therein the Declaration. IN WITNESS WHEREOF,the Hyde Park Community Development District 1,by and through its Board o Supervisors, does hereby approve and execute this Joinder and Consent on this ( day of er((r' 2021. Attest: HYDE PARK COMMUNITY DEVELOPMENT DISTRICT 1, a local unit of special purpose government • By. rent Nam Title: Asst. Secretary Prin450 ame Its: Chairman STATE OF FLORIDA COUNTY OF C^ I'he foregoing instrum nt was acknowledged efore me by means of(I1() physical resence or (_ ) online notarization this/ 1 day of �, 2021, by j�SDn O PJ O , as Chairman of Hyde Park Community Development District 1, a local unit of special purpose government, on behalf of the District, ( X) who is personally known to me, or ( ) who has produced as identificationn.._ / Signa e of. otary P lic (AffixSgal) ��•+ - ''�""' Print Notary Name: Crystal Morris _.ca NOTARY PUBLIC STATE OF FLORIDA Commission No. 7.2023 ` Expiration Date: tici=..�Assr. ------ -65- $ 6A 6 EXHIBITS Exhibit"A" Legal Description Exhibit"B" Fiscal Program Exhibit"C" Maintenance Program Exhibit"D" Notice to Buyers Exhibit"E" List of Holdings Exhibit"F" Right of Entry Exhibit"G" Articles of Incorporation for Association Exhibit"H" By-Laws for the Association Exhibit"I" Florida Fish and Wildlife Guide to Living with Alligators -66- I6A EXHIBIT "A" Legal Description for SkySail — Phase One: ALL OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE SOUTH 50 FEET FOR ROAD RIGHT OF WAY. PLEASE NOTE: LANDS IN TRACT FR-1 OF THE SKYSAIL—PHASE ONE PLAT WERE DEEDED AND CONVEYED TO COLLIER COUNTY, PRIOR TO THE RECORDATION OF THE PLAT, AS A PUBLIC RIGHT OF WAY PER WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 6005, PAGE 2547 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THOSE AFOREMENTIONED LANDS CONVEYED TO COLLIER COUNTY SHALL NOT BE SUBJECT TO THIS DECLARATION, NOR SHALL COLLIER COUNTY BE CONSIDERED A DEVELOPER, DECLARANT OR INITIAL LANDOWNER AS DEFINED HEREIN THIS DECLARATION. -67- 16► A 6 EXHIBIT"B" FISCAL PROGRAM FOR ASSOCIATION (Subject to Change;See Annual Association Budget for Current Assessments) SKYSAIL VILLAGE HOMEOWNERS ASSOCIATION INC. 10-Year Financial Plan 1500 lots BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET 2022 2023 2014 2025 2026 2027 2028 2029 2030 2031 2032 ANNUAL CLOS.UNITS CUMULATIVItuerts IAL INFLATION RATE(CFI,VA.ENOIN Jul. .20 vl ow SA% SAX 34% 3.4% sow sA% AA A 54% sA% 5.4% INCOME Assessments 2,604,375 2,745,012 2,893,242 3,049,477 3,214,149 3,387,713 3,570,650 3,763,465 3,966,692 4,180,893 4,406,662 Reserve Fees 50,000 52,700 55,546 58,545 61,707 65,039 68,551 72,253 76,154 80,267 84,601 TOTAL INCOME 2,654,375 2,797,712 2,948,788 3,108,023 3,275,856 3,452,752 3,639,201 3,835,718 4,042,846 4,261,160 4,491,263 EXPENSES Administrative Accounting Fees 7,500 7,905 8,332 8,782 9,256 9.756 10.283 10,838 11,423 12,040 12,690 Annual Report 6,125 6,456 6,804 7,172 7,559 7,967 8,397 8,851 9,329 9,833 10,364 Legal Fees 3,500 3,689 3,888 4,098 4,319 4,553 4,799 5,058 5,331 5,619 5,922 Management Fees 18,000 18,972 19,996 21,076 22,214 23,414 24,678 26,011 27,416 28,896 30,456 Office Expenses 7,500 7,905 8,332 8,782 9,256 9,756 10,283 10,838 11,423 12,040 12,690 Taxes,Licenses,Permits 375 396 417 439 463 488 515 542 572 603 635 Payroll&Benefits Payroll&Benefits 185,000 194,990 205,519 215,618 228,315 240,644 253,639 267,335 281,771 296,987 313,024 Insurance Insurance Package 19,000 20,026 21,107 22,247 23,449 24,715 26,049 27,456 28,939 30,501 32,146 Utilities Electric.Flee Center/Pool 17,500 18,445 19,441 20,491 21,597 22,764 23,993 25,288 26,654 28,093 29,610 Electric-Fitness Center 15,000 15,810 16,664 17,564 18,512 19.512 20,565 21,676 22,846 21,080 25,380 Electric•Gates 1,500 1,581 1,666 1,756 1,851 1.951 2,057 2,168 2.285 2,408 2,538 Electric•Street Lights 10,871 11,458 12,077 12,729 13,416 14.141 14,904 15,709 16,558 17,452 18,399 Electric-Irrigation Pump 9,000 9,486 9,998 10,538 11,1.07 11,707 12,339 13,005 13,708 14,448 15,228 ROC Center/Fitness-Teleohane/Cable/Inlerr 6,000 6,324 6,665 7,025 7,405 7,805 8,226 8,670 9,139 9,632 10,152 Waste Removal 2,500 2,635 2,777 2,927 3,085 3.252 3,428 3,613 3,808 4,013 4,230 Water-Potable 5,000 5.270 5,555 5.855 6,171 6,504 6,855 7,225 7,615 8,027 8,460 Amenity Center Repairs&Maintenance Building Maintenance 5.000.03 5.270 5.555 5.855 6.171 6,504 6,855 7,225 7,615 8.027 8,460 Clubhouse Supplies 8.00000 8.432 8.887 9.367 9.873 10.406 10.968 11,560 12,185 12,843 13,536 Dog Park Mainterance 2.000.03 2,108 2,222 2.342 2,968 2602 2,742 2,890 3,046 3,211 3,384 Ftness Eqvpmenl Maintenance 28,000.00 29,512 31,106 32,785 34,556 36.422 38,389 40,162 42,646 44,949 47,377 Misc.Repairs 1000.00 1,054 1,111 1,171 1,234 1.301 1,371 1,445 1,523 1,605 1,692 Janilonal SCleaning Contract) 20,000.00 21.080 22,218 23,418 24,683 26,016 27,420 28,901 30.462 32,107 33,840 Pest C000l 6.600.00 6,956 7,332 7,728 8,145 8.585 9.049 9,537 10,052 10,595 11,167 Cameras 6 Monitoring 7,800.00 8,221 8,665 9,133 9,626 10,146 10,694 11,271 11,880 12,522 13,196 Pool Repa 3 6 Maintenance 8.000.00 8,432 8,887 9,367 9,873 10,406 10,968 11,560 12,185 12,893 13,536 Pool Sends Contract 17,500.00 18,445 19,441 20.491 21,597 22,764 23,993 25,288 26,654 28,093 29,610 Lox Voltage Lighting 2,00000 2.108 2,222 2,342 2,468 2.602 2.742 2,890 3,046 3.211 3.384 Common Area Monument Ma rlerance 1.000.00 1.054 1,111 1,171 1,234 1,301 1.371 1,445 1,523 1.605 1,692 Pressure Wash.rg 15.000.00 15,810 16,664 17,564 18,512 19,512 20,565 21,676 22,846 24,080 25,380 Sons Coun Maintenance 2.500.00 2,635 2.777 2.927 3,085 3,252 3.428 3.613 3.808 4.013 4.230 Holiday decorations 10.000.00 10,540 11,109 11,709 12,341 13,008 13.710 14,451 15,231 16,053 16,920 Nuisance Plant Control 133.404.00 100,608 148,201 156.203 164,638 173.529 182,899 192,776 203,186 219.158 225.723 Wetland Reporting 1500000 15,810 16,664 17,564 18,512 19,512 20,565 21,676 22,646 24,080 25,380 Dam MainterancelRepairs 30 000.00 31,620 33,327 35.127 37,024 39,023 41,131 43,352 45,693 48,160 50,761 Monitoring 163.20000 172,013 181,301 191,092 201,411 212.287 223,750 235.833 248,568 261.991 276,138 Phone/Internet 4,000.00 4,216 4,444 4,684 4,937 5,203 5,484 5,780 6,092 6,421 6,768 Landscaping Contract-Cannon Area 450.000.00 474.300 499.912 526.907 555.360 585,350 616,959 650,275 685.389 722.400 761.410 Contract-Lots 590000.00 1.043,460 1,099,807 1,159,196 1,221.293 1,257.770 1.357,309 1,430,604 1,507,857 1,589,281 1,675,102 lrrigaLc0 Repairs 25.000.00 26,350 27,773 29,273 30,853 32,519 34.275 36.126 38,077 40.133 42,301 Mulch-Common Area 45.00000 47.430 49,991 52,691 55.536 58,535 61,696 65,027 68,539 72,240 76,191 Mulch-Lots 200.00000 210,800 222,183 234,181 246,827 260.156 274,204 289,011 304,6113 321,067 338,404 Landscape/Plant Reolacement 50,000.00 52.700 55.546 58,545 61.707 65,039 68,551 72.253 76.154 80,267 84,601 Tree Tnmmno 50.000.00 52,700 55.546 58,545 61,707 65,039 68.551 72,253 76,154 80,267 84,601 TOTAL OPERATING EXPENSES 2,604,375 2.745 012 2,893,242 3,049,477 3,214,149 3.387 713 3,570,650 3,763,465 3,966 692 4,180,893 4,406,662 Reserve Funding 50,000 52:700 55546 58,545 61,202 65039 65,551 72,253 76154 80,267 84,601 TOTAL COMMON EXPENSES 2,654,375 2,797,712 2,946,786 3,108,023 3,275,856 3,452,752 3,_639,201 3,835,718 4,042,846 4,261,160 4,491,263 Net Profit/(Lpss3 -68- a 6 A 6 N O N N. lD CO O Ln o O Lf)Ln O O I, U (: , E-• )on Ln Lf)N on VD Qn LT o VD N S Q m 63 C v N O Lf N 1,VD M[Y VD N on � 'C' 0 m C �N od- Z Z au_ aL�N awoZ IA itU > N -" Loonrnvoouoi�o 00 Z O Z = NN V'co Ln Ln N of Ln M -O CD CD 0 U O F" C0 C L) on- LONrir)LU N o my oo 0 F F 0 o, I� ;_,-C 7 N Z U Gz. c . 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D D Z O' bl- mil- "V1- O -bn- +6- tfl- -69- hi Z J l0 N M J O 71' Ct Cr) Cr) M M N N Ol N Ln O J LI) Cr) CT) J OO Cr) ,-1 N N N N 0 LD 0 lO N M LLID M D 1-1 N l O LULLLCO lD .--1 I '� f" -' Ln Ql ,-1 lD N Lnm Ln in lO d" M .-1 M▪ N Z al al z CO Ln M co (TsO N M 0 Ln N U o Q Q ,-1 .-1 ,-1 N N N O N N I V1 m - -EA- -EA- - -69- -EA- -EA- - -69- -EA- -EA--EA- -EA-ffl- Q a) J n v, J Q W m m F- O 0I— Cr') v-, c� v`, , Z Z z H v) wuJ Z Z 1w C7J in0W W (n C/) Cl) UI > O W C I— W , Z - o L,L� z to _� N N E w Ln C a) �' O in Q o Q ck W LU CL� Z � Q cn E aC) in W N L�f1 cr) in E J w Ln Q - a Q(II i Q W > V]Cr 0 (nce J '-' CO <LO W W z Cn W <n a) Q J J d' m N a < LU Q a) N 2ZU > Qw L� r Q w U J o c Z � Q 0) N L a O 0 W O o L„L inL 0 H Z = z W 1— i z Q Q 11 E Q O > i CL , Z J W W CD 0 J O o >' a,L cu p W a) r0 ZHOOaZ a (/) m ° U 0 OU 0 > LL � mmCflOU 1 6 A 6 EXHIBIT"C" SKYSAIL MAINTENANCE PROGRAM A Maintenance Program has been established for the operation and care of the Subdivision amenities and Common Property that is under the jurisdiction of the applicable Perpetual Maintenance Entity. The Maintenance Program is subject to change, from time to time, and without further notice,by the Perpetual Maintenance Entity. The following is an anticipated schedule for the inspection and maintenance of all lands, signs and facilities considered Common Property: Weekly: Landscape and lawn service. Irrigation sprinkler head inspection and maintenance. Landscape maintenance and inspection and maintenance of plantings Inspect for and remove nuisance,exotic plant species. Monthly: Inspection and repair of irrigation pump and lines. Inspection and maintenance of pond and lake areas. Quarterly: Fertilization(based on fertilization schedule,may not be as often as quarterly.) Bi-Yearly: Inspection and report to South Florida Water Management District. Conduct any wetland buffer restorations. Inspect for adequate and proper conservation easement signage Yearly: Mulch and labor on Common Property. Inspection of and maintenance on entry medians and sign. Inspection of and maintenance of any reclaimed water lines and the Irrigation Facilities. Annual monitoring and maintenance, including removal, of nuisance, exotic plant species. Items listed above may be performed more often or less often than scheduled depending on circumstances beyond the control of the Perpetual Maintenance Entity. Other items as shown on the Fiscal Program such as utilities, fees, insurances and other line items will be paid in accordance with contracts or as invoiced. It is anticipated that the budgetary information submitted for the first year of operations indicates more than adequate funds for maintenance as well as operation of the facilities provided by Declarant. Subsequent years may require additional funds,which will be assessed and collected as required by the Declaration to which each Lot is subject. The pond and lake areas require constant inspection and maintenance, provision for which is being made at least quarterly in compliance with various regulatory permits, not limited to South Florida Water Management Districts and the County. The above permit conditions are regulated and performed by the applicable Perpetual Maintenance Entity. At all events, a program is being established and will be established respecting all areas of the Subdivision, responsibility for which is the applicable Perpetual Maintenance Entity,which entity will comply in all respects with the requirements of the regulatory bodies of the County and its Code. -69- 1 ` A 6 EXHIBIT"D SKYSAIL NOTICE TO BUYERS To the Purchasers of Lots in the SkySail Subdivision, Collier County, Florida, YOU ARE HEREBY NOTIFIED that the purchase of your Lot is subject to: 1. The Declaration of Covenants, Conditions and Restrictions for SkySail, as amended from time to time, including all rules and regulations of the Skysail Village Homeowners Association, Inc., (collectively the "SkySail Declaration"), and to all Governing Documents of the Subdivision,as same are defined in the Declaration. 2. Ownership of a Lot in said Subdivision automatically makes you a member of Skysail Village Homeowners Association, Inc., (the "Association"), and you are subject to its Articles, By- Laws, this Declaration and any and all Association rules and regulations made pursuant thereto, including standards, specifications and guidelines of the ARC. Each Lot entitles its Owner to one vote in the affairs of the Association. 3. The Association, Inc., has the right and power to assess and collect, as provided in its By- Laws and the Declaration, the costs of maintenance of the landscaped private portions of the Common Property under its ownership or maintenance control which you have a right to enjoy,in accordance with the Declaration. 4. THE BUYER IS HEREBY NOTIFIED THAT HE/SHE SHOULD CAREFULLY REVIEW HIS/HER LOT'S FLOOD ZONE DETERMINATION PRIOR TO PURCHASE BASED UPON FEMA RATE MAPS APPLICABLE TO THE PROPERTY. 5. The Property is located within a Community Development District, which is a local unit of special purpose government, established pursuant to Chapter 190, Florida Statues, to operate and maintain certain public aspects of the Common Property under its control. In addition to County taxes and Assessments imposed by the Association, you will also be responsible for all CDD Assessments imposed and levied by the CDD. As required by Florida law, and specifically by Section 190.048, Florida Statutes, notice is hereby given to all Lot Owners that your Lot is within a CDD: THE HYDE PARK COMMUNITY DEVELOPMENT DISTRICT 1 MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND ASSESSMENTS PAY THE CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES AND SERVICES OF THE DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW. -70- I 6 A EXHIBIT"E" List of Holdings For SkySail-Phase One Operation and Maintenance Responsibilities for Common Property Tracts: A) The following tracts shall be operated and maintained by the Skysail Village Homeowners Association, Inc.; provided however, (i) infrastructure in County Utility Easements, Public Utility Easements, the Big Cypress Basin Easement or other easements established by Plat that are not for maintenance by the Association shall be operated and maintained by the County, applicable utility provider, Community Development District or other entity noted on the Plat, (ii) all drainage and/or flowage easements shall be operated and maintained by the Community Development District, and (iii) other services may be authorized to be performed by the Community Development District as set forth in Section 10.37 of the Declaration. 1. TRACT R (SKYSAIL BLVD, SKYSAIL DRIVE, CENTAURUS CIRCLE, PEGASUS WAY, PERSEUS STREET & AQUILA PLACE) FOR PRIVATE ROAD RIGHT- OF-WAY (R/W) PURPOSES, SUBJECT TO THE EASEMENTS DEPICTED ON THE PLAT (A.E., D.E., & P.U.E.), WITH PERPETUAL MAINTENANCE OBLIGATION OF SAID ASSOCIATION, ITS SUCCESSORS AND ASSIGNS, WITH NO RESPONSIBILITY FOR MAINTENANCE TO COLLIER COUNTY. 2. TRACTS OS-1, OS-2, OS-3 & OS-4 AS SHOWN ON THE PLAT FOR COMMON OPEN AREA, LANDSCAPE AREA AND RECREATION PURPOSES, WHICH PURPOSES SHALL INCLUDE, BUT NOT BE LIMITED TO LANDSCAPING, PATHWAYS, SIDEWALKS AND ARE THE PERPETUAL MAINTENANCE OBLIGATION OF SAID ASSOCIATION, ITS SUCCESSORS AND ASSIGNS, WITH NO RESPONSIBILITY FOR MAINTENANCE TO COLLIER COUNTY. 3. ALL LANDSCAPE BUFFER EASEMENTS (L.B.E.) AS DEPICTED ON THE PLAT FOR ACCESS WITH RESPONSIBILITY FOR MAINTENANCE. 4. TRACT A, FOR THE PURPOSE OF AMENITY FACILITIES, WITH RESPONSIBILITY FOR MAINTENANCE. 5. TRACT L-5 FOR THE PURPOSE OF CONSTRUCTION, INSTALLATION, MAINTENANCE AND OPERATION OF STORM WATER/DRAINAGE FACILITIES, WITH RESPONSIBILITY FOR MAINTENANCE. 6. LAKE MAINTENANCE EASEMENT (L.M.E.)AS DEPICTED ON THE PLAT ASSOCIATED WITH TRACT L-5 WITH RESPONSIBILITY FOR MAINTENANCE The Association shall also have easements, as necessary, for installation, construction, operation and/or maintenance of facilities and infrastructure authorized to be performed by the Association (See Section 10.37 of the Declaration) -71- l6A 6 B) The following tracts shall be operated and maintained by the Hyde Park Community Development District 1; provided however, (i) some infrastructure in County Utility Easements, Public Utility Easements and any other non-CDD easements set forth on the Plat shall also be operated and maintained by the County or applicable entity referenced on the Plat, including utility providers, and (ii) other services may be authorized to be performed by the Association as set forth in Section 10.37 of the Declaration. 1. TRACTS L-1, L-2, L-3, & L-4, AND ALL DRAINAGE EASEMENTS (D.E.)AS DEPICTED ON THE PLAT FOR THE PURPOSE OF CONSTRUCTION, INSTALLATION, MAINTENANCE AND OPERATION OF STORM WATER/DRAINAGE FACILITIES, WITH RESPONSIBILITY FOR MAINTENANCE. 2. ALL LAKE MAINTENANCE EASEMENTS (L.M.E.)AS DEPICTED ON THE PLAT WITH RESPONSIBILITY FOR MAINTENANCE [EXCLUDING L.M.E AFFECTING TRACT L-5]. 3. DRAINAGE AND FLOWAGE EASEMENT OVER,UNDER, THROUGH, AND ACROSS LAKE TRACT L-5. The Community Development District shall also have easements, as necessary, for installation, construction, operation and/or maintenance of facilities and infrastructure authorized to be performed by the Community Development District(See Sections 10.37 and 4.08 of the Declaration) C) Reservations to Developer/Initial Landowner: NOTICE IS HEREBY GIVEN THE PLAT CONTAINS TRACTS RESERVED SPECIFICALLY TO DEVELOPER/INITIAL LANDOWNER FOR FUTURE DEVELOPMENT, AND SUCH TRACTS ARE NOT COMMON PROPERTY OF THE SUBDIVISION. D) Reservations/Deed to Collier County: TRACT FR-1 HAS BEEN DEEDED TO COLLIER COUNTY AS A PUBLIC RIGHT-OF-WAY WITH RESPONISBILITY FOR MAINTENANCE. -72- 1 6 A 6 EXHIBIT "F" SKYSAIL RIGHT OF ENTRY and COMPLIANCE WITH COLLIER COUNTY CODES AND ORDINANCES I. Right of Entry by County. The Collier County law enforcement officers, health and pollution control personnel, emergency medical service personnel, and fire fighters, while in pursuit of their duties, are hereby granted authority to enter upon any and all portions of the Common Property as may be necessary to perform those duties. II. Ownership of the Community Common Areas. Notwithstanding anything herein contained to the contrary, the applicable Perpetual Maintenance Entity shall not dispose of any Common Property that is operated and maintained by it, by sale or otherwise, except to an organization conceived and organized to own and maintain such Common Property, without first offering to dedicate the same to Collier County or other appropriate governmental agency. -73- $ 6A 6 EXHIBIT"G" State of Florida Department of State I certify from the records of this office that SKYSAIL VILLAGE HOMEOWNERS ASSOCIATION,INC.is a corporation organized under the laws of the State of Florida,filed electronically on March 31,2021,effective March 31,2021. The document number of this corporation is N21000003699. I further certify that said corporation has paid all fees due this office through December 31,2021, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. I further certify that this is an electronically transmitted certificate authorized by section 15.16, Florida Statutes,and authenticated by the code noted below. Authentication Code: 210401115539-500363167225#1 Given under my hand and the Great Seal of the State of Florida at Tallahassee,the Capital,this the First day of April,2021 -74- liA 6 ARTICLES OF INCORPORATION OF SKYSAIL VILLAGE HOMEOWNERS ASSOCIATION,INC. A Corporation Not For Profit The undersigned hereby certifies it formed a corporation not for profit under Chapter 617, Florida Statutes, the effective date of which shall be the date these Articles of Incorporation are filed with the Florida Department of State,and certifies as follows: ARTICLE I. NAME AND ADDRESS The name of the corporation is SKYSAIL VILLAGE HOMEOWNERS ASSOCIATION, INC., a corporation not for profit. For convenience, the corporation shall herein be referred to as the "Association." The initial address of the corporation's principal office shall be 27180 Bay Landing Drive, Ste. 4, Bonita Springs, Florida 34135. These documents shall be referred to herein as the "Articles"or"Articles of Incorporation." ARTICLE II. PURPOSE 2.1 Purpose: The purpose for which the Association is organized is to provide an entity for the maintenance,preservation, and management of the Common Property within SkySail (the"Subdivision"), a subdivision located in Collier County, Florida, and to administer deed restrictions affecting the Lots. The Association shall operate in accordance with the "Declaration of Covenants, Conditions and Restrictions for SkySail," herein called the "Declaration", which is to be recorded in the Public Records of Collier County,Florida, as same may be amended as provided for therein. 2.2 Distribution of Income: The Association shall make no distribution of income to its members, directors, or officers. ARTICLE III. POWERS 3.1 Common Law and Statutory Powers: The Association shall have all of the common law and statutory powers of a corporation not for profit organized under Chapter 617, Florida Statutes, which powers are not in conflict with the terms of the Declaration. 3.2 Specific Powers. The Association shall have all of the powers and duties set forth in the Declaration, as amended from time to time, that are not otherwise in conflict with the Declaration, and all of the powers and duties reasonably necessary to own and/or operate the Common Property of the Subdivision pursuant to said Declaration and to perform the maintenance, administration, managerial and other functions for the Subdivision as provided in said Declaration, as it may be amended from time to time, including, but not limited to the following: (a) To make and collect Assessments against Members as Lot Owners to defray the cost of Common Expenses related to the Association's duties to maintain the applicable portions of the Subdivision as provided in the Declaration. (b) To use the proceeds of Assessments in the exercise of its powers and duties. -75- 1 6 A 6 • (c) To accept, hold title to, own,purchase, acquire,replace, improve, manage, maintain, sell, convey and administer the use of the private Common Property of the Subdivision that is to be maintained by the Association in accordance with the Declaration. (d) To purchase insurance upon the private Common Property, and for the protection of the Association and its Members. (e) To reconstruct improvements to the Common Property after casualties and further to improve the Common Property in accordance with the Declaration. (f) To adopt and amend reasonable rules and regulations respecting the use of the Common Property in accordance with the Declaration. (g) To enforce by legal means against an Owner as defined in the Declaration,the provisions of the Declaration, the By-Laws of the Association and rules and regulations duly adopted by the Association. (h) To furnish or otherwise provide for private security, fire protection or such other services as the Board in its discretion determines necessary or appropriate. (i) To pay any real and personal property taxes and other charges assessed against the Common Property unless same are separately assessed to the Owners. (j) To obtain all required utility and other services for the Common Property. (k) To maintain architectural control over the Subdivision in accordance with the Declaration. (1) To operate and maintain the surface water management system facilities, including all inlets, ditches, swales, culverts, water control structures, retention and detention areas, ponds, lakes, floodplain compensation areas, wetlands and any associated buffer areas, and wetland mitigation areas. (m) To exercise such further authority as may be reasonably necessary to carry out each and every of the obligations of the Association set forth in the Declaration, these Articles or the By-Laws. (n) Sue and be sued, as set forth in the Declaration. 3.3 Assets Held in Trust: All funds and the title of all properties acquired by the Association and the proceeds thereof shall be held in trust for the Members, in accordance with the provisions of the Declaration, these Articles of Incorporation and the By-Laws of the Association. Upon the dissolution or winding up of this Association, its assets remaining after payment, or provision for payment, of all debts and liabilities of the Association shall be distributed pro-rata among all Members, or, alternatively, upon the affirmative vote of two thirds (2/3) of the Owners of Lots in the Subdivision, the assets of the Association may be conveyed or dedicated to (i) a public body willing to accept such assets; or(ii) a not for profit organization located in Collier County, Florida, or the one closest to the Association, if none are located in Collier County, having the same or similar purposes; provided that in the event of the dissolution of the Association, the property consisting of the surface water management system of the Subdivision shall be conveyed to an appropriate agency of local government, and if not accepted, the surface water management system shall be dedicated to a similar non-profit corporation. -76- 1 6 A 6 3.4 Limitation on Exercise of Powers: The powers of the Association shall be subject to and shall be exercised in accordance with the provisions of the laws of the State of Florida, the Declaration, these Articles and the By-Laws of the Association. 3.5 Conflict. In the event of any conflict between the provisions of Chapter 720, Florida Statutes, pertaining to homeowners associations and the provisions of Chapter 617, Florida Statutes, pertaining to Florida not for profit corporations, then the provisions of Chapter 720,Florida Statutes, shall control and prevail. ARTICLE IV. MEMBERSHIP 4.1 Members: The Members of the Association shall consist of all of the record Owners of Lots in the Subdivision subject to the Declaration and operated hereby. 4.2 Change of Membership: Change of membership in the Association shall be established by the recording in the Public Records of Collier County, Florida, of a deed or other instrument establishing a change of record title to a Lot in the Subdivision. A copy of such instrument shall be delivered to the Association. The Owner designated in such instrument shall thereupon become a member of the Association and the membership of the prior owner shall thereupon be terminated, as provided in the By- Laws. 4.3 Limitation on a Transfer of Shares of Assets: The share of a Member in the funds and assets of the Association cannot be assigned, hypothecated or transferred in any manner, except as an appurtenance to the Member's Lot. 4.4 Voting: Subject to the provisions of Section 3.02 of the Declaration, the Owner of each Lot shall be entitled to one vote as a member of the Association, provided, however, that the Declarant shall, during development, be entitled to the number of votes as provided in the Declaration, which votes may be apportioned to successor developers, or partial successor developers, as provided in the Declaration. The manner of exercising voting rights shall be determined by the By-Laws of the Association. Subject to the provisions of Section 3.02 of the Declaration, Owners owning more than one Lot shall be entitled to one vote for each Lot owned. ARTICLE V. DIRECTORS 5.1 Board of Directors: The affairs of the Association shall be managed by a Board of Directors consisting of an odd number of Members determined from time to time in accordance with the By-Laws. In no event shall the Board of Directors consist of fewer than three (3) directors. Directors shall be Members of the Association except as otherwise provided. 5.2 Election of Directors: Directors of the Association shall be elected at the annual meeting of the Members, in the manner provided by the By-Laws. Directors may be removed and vacancies on the Board shall be filled in the manner provided by the By-Laws. 5.3 First Board of Directors: The names and addresses of the initial Board of Directors, who have been selected by the Declarant and who shall serve until their successors are elected and have qualified or until they resign or are removed, are as follows: _77_ 1 6 A ` The initial Board of Directors designated by Declarant herein, and any directors subsequently designated or appointed or elected by Declarant need not be members of the Association. All other Board members shall be Members of the Association. ARTICLE VI. OFFICERS 6.1 Officers: The affairs of the Association shall be administered by a President, Vice President, Secretary, Treasurer and such other officers as may from time to time be created by the Board of Directors as permitted by the By-Laws. Officers shall be elected by the Board of Directors at its first meeting following the annual meeting of the Association and shall serve at the pleasure of the Board. Offices may be combined as provided in the By-Laws. The names and addresses of the officers who shall serve until their successors are designated by the Board of Directors are as follows: President: Ben Gibbs 27180 Bay Landing Drive, Ste. 4 Bonita Springs, Florida 34135 Vice President/Treasurer: Steve Wojcecjowskyj 27180 Bay Landing Drive, Ste. 4 Bonita Springs,Florida 34135 Secretary: Dan Ciesielski 27180 Bay Landing Drive, Ste. 4 Bonita Springs, Florida 34135 ARTICLE VII. INDEMNIFICATION 7.1 Indemnification: Every director and every officer of the Association shall be indemnified by the Association against all expense and liabilities, including legal fees, reasonably incurred by, or imposed upon him in connection with any proceeding or the settlement of any proceeding to which he may be a party, or in which he may become involved by reason of his being or having been a director or officer of the Association,whether or not he is a director or officer at the time such expenses are incurred, except when the director or officer is adjudged guilty of willful and wanton misfeasance or malfeasance in the performance of his duties;provided that in the event of a settlement, the indemnification shall apply only when the Board of Directors approves such settlement and reimbursement as being for the best interests of the Association. The foregoing right of indemnification shall be in addition to and not exclusive of all other rights to which such director or officer may be entitled. 7.2 Insurance: The Board of Directors of the Association may purchase liability insurance to insure all directors, officers or agents, past and present, against all expenses and liabilities as set forth above. The premiums for such insurance shall be paid by the Members of the Association as part of the common expenses. ARTICLE VIII. BY-LAWS 8.1 By-Laws: The first By-Laws of the Association shall be adopted by the Board of Directors, and may be altered, amended or rescinded by a majority of the Board, except as otherwise may be provided by the By-Laws and the Declaration. _78- ISA 6 ARTICLE IX. AMENDMENTS 9.1 Amendments: The Articles may be altered, amended or modified upon the affirmative vote of the owners of two thirds (2/3) of the Lots in the Subdivision; provided however, that these Articles may be altered, amended or modified by Declarant alone (without votes by the Owners), or its successor, during the time that Declarant has the right to and does control the Association in accordance with the Declaration. Amendments may be proposed by resolution of the Board of Directors or by the Owners of any three (3) Lots. Provided, however, that no amendment affecting the Declarant, or its successors or assigns as the developer of the Subdivision, as defined in the Declaration, shall be effective without the prior written consent of the Declarant, its successors or assigns as such Declarant. Provided, further,that no amendment shall make any change in the qualification for membership nor the voting rights of Members without the approval of all Members. No amendment shall be made which is in conflict with the Declaration. ARTICLE X. TERM 10.1 Term: The term of the Association shall be perpetual; provided, however, in the event that the Association is ever dissolved, the control or right of access to the Subdivision property containing the surface water management system facilities shall be conveyed or dedicated to an appropriate governmental unit or public utility and that if not accepted, then the surface water management system facilities shall be conveyed to a non-profit corporation similar to the Association. ARTICLE XI. INCORPORATOR 11.1 Incorporator: The name and address of the incorporator of this Corporation is as follows: Neal Communities of Southwest Florida, LLC, 5800 Lakewood Ranch Blvd, Sarasota,Florida, 34240. ARTICLE XII. INITIAL REGISTERED OFFICE AND AGENT 12.1 Registered Office and Agent: The Association has appointed NEAL COMMUNITIES OF SOUTHWEST FLORIDA, LLC, a Florida limited liability company, whose address is 5800 Lakewood Ranch Blvd., Sarasota, Florida, 34240, as its initial Resident Agent under the Laws of Florida. (Signature Page to Follow) -79- 1 6 A IN WITNESS WHEREOF, the undersigned Incorporator has caused these Articles to be executed this 31'day of March, 2021. NEAL COMMUNITIES OF SOUTHWEST FLORIDA, LLC, a Florida limited liability company By: NCDG Management,LLC,a Florida limited liability company, its Manager By: /s/James R. Schier, its Manager AS INCORPORATOR NOTICE OF APPOINTMENT OF REGISTERED AGENT, ACCEPTANCE,AND DESIGNATION OF CORPORATE OFFICE The undersigned, Neal Communities of Southwest Florida, LLC, a Florida limited liability company, having a street address of 5800 Lakewood Ranch Blvd., Sarasota, Florida, 34240, having been appointed by the Directors of SKYSAIL VILLAGE HOMEOWNERS ASSOCIATION, INC., ("Corporation"), as registered agent,states as follows: 1. The Corporation shall maintain an office at 5800 Lakewood Ranch Blvd., Sarasota, Florida, 34240, and shall notify the Department of State of any change in address of the Corporation, its Officers and/or Directors, and the name and/or address of the Registered Agent. 2. The undersigned accepts the appointment and consents to serve as Registered Agent of the Corporation pursuant to Section 617.023,Florida Statutes. NEAL COMMUNITIES OF SOUTHWEST FLORIDA, LLC, a Florida limited liability company By: NCDG Management,LLC, a Florida limited liability company, its Manager By: /s/James R. Schier, its Manager AS REGISTERED AGENT -80- 1 6 A 6 EXHIBIT"H" BY-LAWS OF SKYSAIL VILLAGE HOMEOWNERS ASSOCIATION,INC. A Corporation Not For Profit ARTICLE I. IDENTIFICATION 1.01 Identity: These are the By-Laws of SKYSAIL VILLAGE HOMEOWNERS ASSOCIATION, INC., a corporation not for profit organized and existing under the laws of Florida, hereinafter called"Association". 1.02 Purpose: The Association has been organized for the purpose of maintaining,preserving, and managing the Common Property within SkySail (the "Subdivision"), a subdivision located in the unincorporated area of Collier County,Florida,and to administer deed restrictions affecting the Lots. The Association shall operate in accordance with the "Declaration of Covenants, Conditions and Restrictions for SkySail", herein called the "Declaration." 1.03 Office: The office of the Association shall be at 27180 Bay Landing Drive, Ste.4,Bonita Springs,Florida 34135,until otherwise changed by the Board of Directors. 1.04 Fiscal Year: The fiscal year of the Association shall be the calendar year. 1.05 Seal: The seal of the corporation shall bear the name of the corporation, the word "Florida", and the words"Corporation Not For Profit" and the year of incorporation. ARTICLE II. MEMBERS 2.01 Qualification: The Members of the Association shall consist of all of the record Owners of Lots in the Subdivision which are subject to the Declaration, in accordance with the Declaration. 2.02 Change of Membership: Change of membership in the Association shall be established by the recording in the Public Records of Collier County, Florida, of a deed or other instrument establishing a change of record title to a Lot in the Subdivision. A copy of such instrument shall be delivered to the Association. Upon recording, the owner established by such instrument of conveyance shall thereupon become a member of the Association and the membership of the prior owner shall thereupon be terminated. 2.03 Multiple Owners: When a Lot is owned by more than one person, whether as co-tenants, joint tenants, tenants by the entirety or otherwise, each owner shall be a member of the Association by virtue of being a record Owner of an interest in a Lot. Lessees of Lots shall not be members. All matters of voting shall,however,be determined on a Lot basis,as provided in Article III. 2.04 Restraint upon Assignment of Membership, Shares and Assets: The membership of an Owner, and the share of a member in the funds and assets of the Association shall not be assigned, hypothecated or transferred in any manner, except as an appurtenance to his Lot. 2.05 Evidence of Membership: There shall be no stock or membership certificates in the Association. Membership shall be determined by ownership as herein provided. -81- 1 6 A 6 ARTICLE III. VOTING 3.01 Voting Rights: The Member, Members, or Regular Members who are the record Owners of each Lot in the Subdivision shall be collectively entitled to one (1) vote for each such Lot, as provided in the Declaration and the Articles of Incorporation. Subject to Section 3.02 of the Declaration, if Members own more than one Lot, they shall be entitled to one vote for each Lot owned. A Lot vote may not be divided. As provided in Section 3.02 of the Declaration, and notwithstanding the number of Lots actually owned by the Declarant, if any, the Declarant, together with any partial successor declarants, shall be entitled to three (3) times the total number of votes then held by Regular Members (as defined in Section 3.02 of the Declaration), plus one additional vote; Declarant Members need not own Lots to vote as provided for herein. After Turnover, the Declarant Member shall be deemed to be a Regular Member and shall be entitled to one(1)vote for each Lot owned and/or controlled by Declarant. 3.02 Voting Procedure: Subject to Section 3.02 of the Declaration, the single or multiple owners of each Lot who are Regular Members shall have one vote for each Lot, and the Declarant Member shall have the number of votes provided for in the Declaration. All determinations of requisite majorities and quorums for all purposes under the Declaration,the Articles of Incorporation and these By- laws shall be made by reference to the number of votes to which the Member is entitled. Decisions of the Association shall be made by a simple majority of votes entitled to be cast by Members represented at a meeting at which a quorum is present, unless a greater percentage is required by the Declaration, the Articles of Incorporation or these By-Laws. 3.03 Quorum: A quorum shall exist when Members entitled to cast not less than twenty five percent(25%)of all votes are present,either in person,by designated voting representative or by proxy. 3.04 Designation of Voting Representative: The right to cast the vote attributable to each Lot shall be determined,established and limited pursuant to the provisions of this Section: (a) Single Owner: If the Lot is owned by one natural person, that person shall be entitled to cast the vote for his Lot. (b) Multiple Owners: If a Lot is owned by more than one person, either as co-tenants or joint tenants, the person entitled to cast the vote for the Lot shall be designated by a certificate signed by all of the record Owners and filed with the Secretary of the Association. (c) Life Estate with Remainder Interest: If a Lot is owned by a life tenant, with others owning the remainder interest,the life tenant shall be entitled to cast the vote for the Lot. If the life estate is owned by more than one person, the authority to vote shall be determined as herein otherwise provided for voting by persons owning a Lot in fee in the same manner as the life tenants own the life estate. (d) Corporations: If a Lot is owned by a corporation, the officers or employees thereof entitled to cast the vote for the Lot shall be designated by a certificate executed by an executive officer of the corporation and attested by the Secretary or an Assistant Secretary,and filed with the Secretary of the Association. -82- 1 6 A 6 (e) Partnership: If a Lot is owned by a general or limited partnership, the general partner entitled to cast the vote for the Lot shall be designated by certificate executed by all general partners and filed with the Secretary of the Association. (f) Trustees: If a Lot is owned by a trustee or trustees, such trustee or trustees shall be entitled to cast the vote for the Lot. Multiple trustees may designate a single trustee, or a beneficiary entitled to possession, and a single trustee may likewise designate such beneficiary as the person entitled to cast the vote for the Lot by a certificate executed by all trustees and filed with the Secretary of the Association. (g) Estates and Guardianships: If a Lot is subject to administration by a duly authorized and acting Personal Representative or Guardian of the property, then such Personal Representative or Guardian shall be entitled to cast the vote for such Lot upon filing with the Secretary of the Association a current certified copy of his Letters of Administration or Guardianship. (h) Tenants by the Entirety: If a Lot is owned by a husband and wife as tenants by the entirety, they may designate a voting member in the same manner as other multiple owners. If no certificate designating a voting member is on file with the Association,and only one of the husband and wife is present at a meeting, he or she may cast the vote for their Lot without the concurrence of the other owner. If both spouses are present, they may jointly cast the vote for their Lot, but if they are unable to agree on the manner of casting such vote, they shall lose their right to vote on such matter, although the Lot may still be counted for purposes of a quorum. (i) Leases: If a Lot is leased, the owner-lessor shall be entitled to cast the vote for the Lot, except that the owner may designate a lessee as the person entitled to cast the vote for the Lot by a certificate executed by all owners and filed with the Secretary of the Association. (j) Certificate: Whenever a certificate designating a voting representative is permitted or required, such certificate shall, once filed, be valid until revoked. In the absence of a valid certificate, a Lot shall not be counted in determining a quorum unless all owners required to execute such certificate are present, in person or by proxy, and such Lot Owners shall lose their vote on any particular matter unless they concur on the manner in which the vote of the Lot is to be cast on that matter. 3.05 Approval or Disapproval of Matters: Whenever the decision of a Lot Owner is required upon any matter, whether or not the subject of an Association meeting, such decision shall be expressed by the same person who would cast the vote of such Owner if at an Association meeting, unless the joinder of record Owners is specifically required by the Declaration or these By-Laws. -83- I 6 A 6 3.06 Proxies: Votes may be cast in person or by proxy. A proxy shall be in writing and signed by the designated voting representative, or the Owner, if no voting representative has been designated. A proxy shall be valid only for the particular meeting designated in the proxy, and must be filed with the Secretary of the Association before the appointed time of the meeting or any adjournments thereof. A properly executed and delivered proxy may be revoked by a writing delivered to the Secretary prior to the appointed time of the meeting or any adjournments thereof, or by the attendance in person of the persons executing said proxy at any meeting or adjournment thereof. No one person may be designated to hold more than fifteen (15) proxies. In no event shall a proxy be valid for a period longer than ninety(90)days after the date of the first meeting for which it was given. 3.07 Method of Voting: Subject to the provisions of the Declaration, voting may be by roll call,voice vote or by written ballot;provided, however,that whenever written approval is required by the Declaration, or whenever any amendment to the Declaration is proposed, or when any borrowing of funds, pledge, or other disposition of common properties or assets is proposed, the voting shall be by written ballot. Routine matters such as approval of minutes, adjournment, acceptance of reports, parliamentary questions and social business may be determined by "Yeas" and "Nays" provided that any five (5) voting Members, or the chairman, may require a roll call vote or vote by written ballot. Voting, notices and all other matters affecting the Association may be conducted electronically, with electronic signatures and the like, all as permitted by law. ARTICLE IV. MEETINGS OF MEMBERS 4.01 Annual Meeting: The annual meeting of the Members shall be held during the month of November of each year on a day and at a time determined by the Board of Directors;provided that notice pursuant to Section 4.03 is given at least thirty (30) days prior to the date set for the annual meeting. The annual meeting shall be for the purpose of electing directors, and transacting any other business authorized to be transacted by the Members. No annual meeting shall be held until such time as the Regular Members are entitled to elect a director pursuant to the provisions of the Declaration. 4.02 Special Meetings: Special meetings of the Members shall be held whenever called by the President or Vice President, or by a majority of the Board of Directors, and must be called by such officers upon receipt of a written request from voting members entitled to cast not fewer than fifteen percent(15%)of the total number of votes. 4.03 Notice of Meetings: Notice of all meetings of the Members, stating the time, place and subjects for which the meeting is called, shall be given by the President or Vice President or Secretary, unless waived in writing. All such notices shall be given in writing to each member's address, as it appears on the books of the Association; as the Member may have otherwise directed in writing; or as it appears upon the instrument of conveyance establishing the membership interest. The notice shall be mailed or delivered not fewer than fourteen (14) days, nor more than thirty(30) days, prior to the date of the meeting. A duplicate notice shall be furnished to the designated voting representative if such voting representative is not also an Owner. The notice for any meeting at which assessments against Lot Owners are to be considered shall contain a statement of the nature of such assessments and that such assessments will be considered. Proof of such mailing or delivery shall be given by an Affidavit of the person giving the notice. Notice of meetings may be waived in writing before, during or after meetings. The Association may, by rule, adopt a procedure for conspicuously posting the meeting notice and the agenda on the Association's website or an application that can be downloaded on a mobile device for at least the minimum period of time for which a notice of a meeting is also required to be physically posted on the 84- I 6 A 6 Association property in accordance with Chapter 720, Florida Statutes. Such notice must include a hyperlink to the website or such mobile application on which the meeting notice is posted. 4.04 Place: Meetings of the Association Members shall be held at such place in the Collier County,Florida, as the Board of Directors may designate in the Notice of Meeting. 4.05 Adjournments: If any meeting of Members cannot be organized because a quorum has not attended, the Members who are present, either in person or by proxy,may adjourn the meeting from time to time until a quorum is present. 4.06 Order of Business: The order of business at annual meetings, and as far as practical at all special meetings, shall be: (a) Election of Chairman of the meeting(if necessary). (b) Calling of the roll and certifying of the proxies. (c) Proof of notice of the meeting or waiver of notice. (d) Reading and disposal of any unapproved minutes. (e) Reports of officers. (f) Reports of committees. (g) Election of directors. (h) Unfinished business. (i) New business. (j) Announcements. (k) Adjournment. 4.07 Action Without Meeting: Whenever the affirmative vote or approval of the Members is required or permitted by the Declaration or these By-Laws, such action may be taken without a meeting if Members entitled to cast not fewer than seventy five percent (75%) of the votes if such meeting were held, shall agree in writing that such action be taken and waive the necessity of such meeting. Provided, however, that if a greater percentage approval is required, then not less than such percentage must so agree in writing. Provided further that the Declaration,Articles of Incorporation and these By-Laws may not be amended without a meeting. Notice of the action so taken shall be given in writing to all Members who did not approve such action in writing within ten(10)days of such approval. 4.08 Proviso: Provided, however, that until the Declarant has terminated its control of the Association and its affairs in accordance with the Declaration, the proceedings of all meetings of the Members of the Association shall have no effect unless approved by the Board of Directors,except for the rights of the Regular Members to elect directors. 85- 1 6 A 6 ARTICLE V. DIRECTORS 5.01 Number& Staggered Terms: (a)Number. The affairs of the Association shall be managed by a Board of not less than three(3) nor more than seven (7) directors (the "Directors") the exact number to be determined by the Members from time to time prior to the annual election of Directors. The Board of Directors shall at all times be comprised of an odd number of Members. Until otherwise determined by the Members, there shall be three (3) Directors prior to Turnover of the Association. Additionally, prior to Turnover of the Association, the Declarant has the right to increase the number of Directors to five (5) if it feels that would be in the best interests of the Association and its transition from Declarant controlled to homeowner controlled. (b) Staggered Terms. Pursuant to Section 617.0806, Florida Statutes, (Staggered Terms for Directors), the Association's Directors shall be elected to staggered terms, unless otherwise determined by the Members. Prior to Turnover, with three (3) Directors, the two (2) Directors receiving the highest number of votes shall be elected to two (2) year terms, and the remaining Director shall be elected to a one (1) year term. After Turnover, and provided the number of Directors has increased to five (5), then the three (3) Directors receiving the highest number of votes shall be elected to two (2) year terms, and the remaining two(2)Directors shall be elected to one(1)year terms. 5.02 Election of Directors: The election of Directors shall be conducted in the following manner: (a) Election of Directors shall be held at the annual meeting of the Members. A nominating committee of not less than three (3) nor more than five (5) Members may be appointed by the Board of Directors not less than thirty (30) days prior to the annual meeting of the Members. The nominating committee shall nominate at least one (1) person for each directorship. Other nominations may be made from the floor, and nominations for additional directorships, if any, created at the meeting shall be made from the floor. (b) The election shall be by ballots, unless dispensed with by unanimous consent, and by a plurality of the votes cast, each person voting being entitled to cast his votes for each of as many nominees as there are vacancies to be filled. There shall be no cumulative voting. (c) Any Director may be recalled and removed from office, with or without cause, by the vote or agreement in writing by a majority of all Lot Owners. A special meeting of the Lot Owners to recall a Member or Members of the Board may be called by ten percent (10%) of the Lot Owners giving notice of the meeting as required for a meeting of Lot Owners, and the notice shall state the purpose of the meeting. The vacancy in the Board of Directors so created shall be filled by vote of the Members of the Association at the same meeting. (d) The Declarant shall be vested with the power to designate the initial Board of Directors, the Members of which need not be owners of Lots. The initial Board of Directors shall serve until the first election of Directors. Any vacancies occurring prior to the first election shall be filled by the remaining Directors. (e) The first election of Directors shall be held when Declarant membership terminates. 86- 1i1 6 (f) When Declarant membership terminates and the Declarant Member is deemed to be a Regular Member pursuant to the Declaration, then the Declarant shall call a special meeting within sixty (60) days after such date, as provided in the Declaration. At such special meeting all Regular Members shall elect a Board of Directors, to serve until the next annual meeting. Thereafter, Directors shall be elected annually at the annual meeting. (g) Declarant may waive its right to elect or designate any one or more Directors it otherwise has the right to designate under the Declaration and these By-Laws, which waiver shall, however, apply only to the specific election at which the waiver is made. If Declarant does waive such right, the Regular Members shall elect the Board member or members who would otherwise have been elected or designated by Declarant. 5.03 Term: Subject to the provisions of Section 5.02, the term of each Director's service shall extend to the next annual meeting of the Members and thereafter until his successor is duly elected and qualified, or until he is removed in the manner elsewhere provided. 5.04 Qualifications: All Directors shall be Members of the Association; provided, however, that any Director elected or designated by Declarant pursuant to these By-Laws need not be Members. An officer of any corporate owner and a general partner of any partnership owner shall be deemed Members for the purposes of qualifying for election to the Board of Directors. 5.05 Vacancies: Except as otherwise provided herein, if the office of any Director becomes vacant, whether by reason of death, resignation, retirement, disqualification, incapacity or otherwise, a majority of the remaining Directors shall select a successor, who shall hold the office for the unexpired term of the Director he is replacing. Vacancies following removal of office pursuant to Section 5.02(c) shall be filled as therein provided. 5.06 Disqualification and Resignation: Any Director may resign at any time by sending written notice to the Secretary of the Association. Such resignation shall take effect upon receipt by the Secretary, unless otherwise specified in the resignation. Any Director who must be a member of the Association shall be deemed to have resigned if he transfers his Lot so that he ceases to be a member of the Association. After the Declarant membership status has terminated pursuant to the Declaration, more than three (3) consecutive unexcused absences from regular Board meetings shall be deemed a resignation,which shall be effective upon acceptance by the Board. 5.07 Voting: All voting for the election of Directors shall be as provided in Article III hereof. Notwithstanding the foregoing, Directors may not vote by proxy or by secret ballot at Board meetings, except that secret ballots may be used in the election of Officers. A vote or abstention from voting on each matter voted upon for each Director present at a Board meeting must be recorded in the minutes. 5.08 Organization Meeting: The organization meeting of a newly elected Board of Directors shall be held within thirty (30) days of its election, at such place and time as shall be fixed by the Directors at the meeting at which they were elected, and no further notice of the organization meeting shall be necessary. 5.09 Regular Meetings: The Board may, from time to time, establish a schedule of regular meetings to be held at such time and place as the Board may designate. Any regular scheduled meetings may be dispensed with upon written concurrence of not less than two-thirds (2/3) of the Members of the Board. 87- 1 6 A 6 ' 5.10 Special Meetings: Special Meetings of the Directors may be called by the President and must be called by the Secretary or an Assistant Secretary at the written request of one-third (1/3) of the Directors. 5.11 Notice: (a) To Directors: Notice of each regular or special meeting shall be given to each Director personally or by mail, telephone or telegraph at least three (3) days prior to the meeting date. All notices shall state the time and place of the meeting, and if a special meeting, the purposes thereof. Any Director may waive notice of a meeting before, during or after the meeting, and all such waivers shall be deemed equivalent to the giving of notice. Attendance by a Director at a meeting shall be deemed a waiver of notice by him. (b) To Members: Notices of all Board meetings, and meetings of any committee or similar body of the Board, shall be posted in a conspicuous place in the Subdivision at least forty eight(48) hours in advance of the meeting except in an emergency. In the alternative, if notice is not posted in a conspicuous place in the Subdivision, notice shall be mailed or delivered to each Member at least seven (7) days before the meeting, except in an emergency. Notwithstanding the foregoing, in the event the number of Members is in excess of 100, a reasonable alternative to posting or mailing may be provided, including publication of notice or provision of a schedule of Board meetings. The notice for any meeting at which assessments against Lot Owners are to be considered shall contain a statement of the nature of such assessments and that such assessments will be considered. Proof of such posting, mailing or delivery shall be given by an Affidavit of the person giving the notice. Notice of meetings may be waived in writing before, during or after meetings. 5.12 Quorum: A quorum at Directors'meetings shall consist of a majority of the entire Board of Directors. The acts approved by a majority of those present at a meeting at which a quorum is present shall constitute the act of the Board of Directors; except where approval of a greater number of Directors is required by the Declaration or these By-Laws. 5.13 Adjourned Meeting: If, at any meeting of the Board of Directors, there be less than a quorum present, the majority of those present may adjourn the meeting from time to time until a quorum is present. At any adjourned meeting any business which might have been transacted at the meeting as originally called may be transacted without further notice. 5.14 Joinder in Meeting by Approval of Minutes: The joinder of a Director in the action of a meeting, by signing and concurring in the minutes thereof shall constitute the concurrence of such Director for the purpose of determining requisite majorities on any action taken and reflected in such minutes or to create a quorum. Directors may join in minutes under this Section only after an open meeting,for the purposes herein provided. 5.15 Meetings Open: Meetings of the Board of Directors shall be open to all Members, except for meetings between the Board and its attorney with respect to proposed or pending litigation where the contents of the discussion would be otherwise be governed by the attorney/client privilege. 5.16 Presiding Officer: The presiding officer at Directors' meetings shall be the President. In the absence of the President, the Vice President shall preside. In the absence of both, the Directors shall designate one of their Members to preside. 88- 16 * 6 5.17 Directors' Fees: Directors shall not be entitled to receive Directors' fees, but may be reimbursed out of pocket expenses advanced by the Director. 5.18 Voting, Electronic Signatures and Electronic Notices: Voting, notices and all other matters affecting the Association may be conducted electronically, with electronic signatures and the like, all as permitted by law. 5.19 Order of Business: The order of business of Directors'meetings shall be: (a) Roll call. (b) Proof of notice of meeting or waiver of notice. (c) Reading and disposal of any unapproved minutes. (d) Reports of officers and committees. (e) Election of officers, if any. (f) Unfinished business. (g) New business. (h) Announcements. (i) Adjournment. ARTICLE VI. POWERS AND DUTIES OF BOARD OF DIRECTORS The Board of Directors shall have all powers, authority, discretion and duties necessary for the administration of the Association and operation of the Subdivision, except as may be reserved or granted to the Lot Owners, Declarant or a specific committee or committees of the Association by the Declaration,Articles of Incorporation or these By-Laws. The powers of the Board shall include, but shall not be limited to,the following: 6.01 General Powers: All powers specifically set forth in the Declaration, Articles of Incorporation and these By-Laws, and all powers incident thereto or reasonably to be inferred therefrom. 6.02 Enforcement: The Board of Directors shall, when deemed necessary by the Board, enforce by legal means, provisions of the Declaration, the Articles of Incorporation, the By-Laws and rules and regulations for the use of the Common Property. 6.03 Budget and Assessments: To adopt budgets and make assessments, and to use and expend assessments and other receipts of the Association to carry out the powers and duties of the Association pursuant to the Declaration and these By-Laws. 6.04 Employment: To employ, dismiss, control and contract for personnel and contractors for the administration of the Association, including but not limited to managers, maintenance personnel, attorneys, accountants and other professionals,by employment or contract, as the Board may determine. 89- 1 bA 6 6.05 Rules and Regulations: To adopt, amend and rescind reasonable rules and regulations relating to the administration of the Association and operation and use of any portions of the private Common Property, subject to the Declaration and By-Laws. Provided, however, that any rules or regulations adopted by the Board may be supplemented, amended or rescinded by affirmative vote of the Owners of not less than two-thirds (2/3) of the Lots subject to the Declaration. Any such rules or regulations approved by the Owners shall not thereafter be amended or rescinded except upon affirmative vote of the Owners of not less than two-thirds (2/3) of the Lots in the Subdivision subject to the Declaration. 6.06 Committees: To create and disband such committees as the Board may from time to time determine as reasonably necessary or useful in and about the administration of the Association, and to delegate such authority to such committees as may be reasonable in connection with their purpose, subject always to the provisions of the Declaration, Articles of Incorporation and By-Laws. All committees of the Association shall keep records and conduct meetings in the same manner, to the extent applicable, as is required of the Board of Directors. ARTICLE VII. OFFICERS 7.01 Officers and Election: The officers of the Association shall be a President, who shall be a Director; a Vice President, who shall be a Director; a Treasurer, a Secretary and such other officers as may be determined from time to time by the Board, all of whom shall be elected annually by the Board of Directors, and who may be peremptorily removed by a majority vote of all Directors at any meeting. Any person may hold two offices except that the President shall not also be the Secretary or an Assistant Secretary. The Board of Directors shall designate the powers and duties of such other officers as it may create. 7.02 President: The President shall be the chief executive officer of the Association. The President shall have all of the powers and duties which are usually vested in the office of President of an Association; including but not limited to the power to appoint advisory committees from time to time, from among the Members or others as he may in his discretion determine appropriate, to assist in the conduct of the affairs of the Association. The President shall serve as Chairman at all Board and membership meetings. 7.03 Vice President: The Vice President shall, in the absence or disability of the President, exercise the powers and perform the duties of the President. The Vice President shall also generally assist the President, and exercise such other powers and perform such other duties as shall be prescribed by the Directors. 7.04 Secretary and Assistant Secretary: The Secretary shall keep the minutes of all proceedings of the Directors and the Members. The Secretary shall attend to the giving and serving of all notice to the Members and Directors. The Secretary shall keep the records of the Association, except those of the Treasurer, and shall perform all other duties incident to the office of Secretary of an Association, as may be required by the Directors or the President. The Assistant Secretary, if such office is created, shall perform the duties of the Secretary, when the Secretary is absent. The minutes of all meetings of the Members and the Board of Directors shall be kept in books available for inspection by Members, or their authorized representatives, and Board members at any reasonable time. All such records shall be retained for not less than seven(7)years. 7.05 Treasurer: The Treasurer shall have the custody of all the property of the Association including funds, securities and evidences of indebtedness. The Treasurer shall keep the books of the 90- 1 6 A 6 Association in accordance with good accounting practices, and provide for collection of assessments, and perform all other duties incident to the office of Treasurer. 7.06 Compensation: The compensation of all officers and employees of the Association shall be fixed by the Directors. The provisions that Directors' fees shall be determined by Members shall not preclude the Board of Directors from employing a Director as an employee of the Association, nor preclude contracting with a Director for the management services. No officer who is a designee of the Declarant shall receive any compensation for his services. 7.07 Indemnification of Directors and Officers: Every Director and every officer of the Association shall be indemnified by the Association against all expenses and liabilities, including attorney's fees, reasonably incurred by or imposed upon him in connection with any proceeding to which such Director or officer may be a party or in which such Director or officer may become involved by reason of being or having been a Director or officer of the Association, whether or not such Director or officer is a Director or officer at the time such expenses are incurred, except in such cases when the Director or officer is adjudged guilty of willful misfeasance or malfeasance in the performance of such Director's or officer's duties. The foregoing right of indemnification shall be in addition to and not exclusive of all other rights to which such Director or officer may be entitled. 7.08 Term: All officers shall hold office until their successors are chosen and qualify. ARTICLE VIII. FISCAL MANAGEMENT The provisions for fiscal management of the Association set forth in the Declaration shall be supplemented by the following provisions: 8.01 Accounting: Receipts and expenditures of the Association shall be credited and charged to Association accounts in accordance with generally accepted accounting principles consistently applied. 8.02 Budget: The Board of Directors shall adopt a budget for each calendar year which shall include the estimated funds required to defray the current expenses and funds for reserves (if any have been adopted and approved pursuant to the Governing Documents) and if deemed necessary by the Board. The budget may provide funds for specifically proposed and approved improvements. 8.03 Procedure: The Board of Directors shall adopt a budget in accordance with the Declaration. 8.04 Assessments: Regular annual assessments against a Lot Owner for such Owner's share of the items of the budget shall be made in advance on or before December 20 preceding the year for which the assessment is made. Such assessment shall be due either annually or, at the discretion of the Board, in periodic installments, which shall come due on intervals established by the Board. If an annual assessment is not made as required, an assessment shall be presumed to have been made in the amount of the last prior assessment and monthly payments thereon shall be due from the 1st day of each month until changed by an amended assessment. In the event the annual assessment proves to be insufficient, the budget may be amended at any time by the Board and a supplementary assessment levied. The supplementary assessment shall be due on the 1st day of the month next following the month in which the supplementary assessment is made or as otherwise provided by the Board of Directors. 8.05 Acceleration of Assessments: Upon default in payment the Board may elect to accelerate remaining installments of any assessments in accordance with the Declaration. 91- 1 6 A 6 8.06 Expenditures: All funds of the Association shall be expended only upon authorization of the Board of Directors. Approval of the budget shall be deemed authority to expend funds for the items and contingency funds within the budget. Funds derived from special assessments and funds in specifically designated reserves shall be expended solely for the purpose for which such assessment was made or reserve established unless otherwise specified in the Governing Documents or approved by the Board. Contingency funds may be expended for any legitimate purpose by action of the Board. 8.07 Depository: The depository of the Association shall be in such bank or banks as shall be designated from time to time by the Directors, and in which the moneys of the Association shall be deposited. Withdrawal of moneys from such accounts shall be only by checks signed by such persons as are authorized by appropriate resolution of the Board of Directors. Funds of the Association may be co- mingled or kept in separate accounts, except as otherwise required by the Declaration. 8.08 Audit: After Declarant transfers complete control of the Association, a report of the accounts of the Association shall be made annually by the Board, and a copy of the report shall be furnished to each member not later than April 1 of the year following the year for which the report is made. 8.09 Fidelity Bonds: Fidelity Bonds may be required by the Board of Directors from all persons handling or responsible for the Association's funds. The amounts of such bonds shall be determined by the Directors of the Association. The premiums on such bonds, if required by the Board, shall be paid by the Association as a Common Expense. ARTICLE IX. PARLIAMENTARY RULES Roberts Rules of Order, the latest edition, shall govern the conduct of the meetings of the Association, the Board of Directors and Committees of the Association when not in conflict with the Declaration,Articles of Incorporation or these By-Laws. ARTICLE X. AMENDMENT These By-Laws may be amended by the Members of the Association at any regular or special meeting duly called for that purpose by the affirmative vote of an absolute majority of all votes entitled to be cast. Notwithstanding the foregoing, no amendment shall be made that is in conflict with the Declaration or the Articles of Incorporation, as supplemented, except as provided in said Declaration or Articles. Provided,however, that these By-Laws may be amended at any time by the Declarant Members during the time that the Declarant Members have and exercise the right to control the Association, provided that such amendment is not in conflict with the Declaration. ARTICLE XI. MISCELLANEOUS The provisions of these By-Laws shall be construed together with the Declaration and the Articles of Incorporation, as supplemented. In the event of a conflict between the provisions hereof and the provisions of the Declaration or Articles, the provisions of the Declaration shall control. Unless otherwise specifically provided, terms used herein shall have the meanings set forth in the Declaration. The provisions hereof shall be liberally construed to grant to the Association sufficient practical authority to implement its obligations and authorities under the Declaration. Whenever the context so requires,the use of any gender herein shall be deemed to include all genders, and the use of the plural shall include the singular and the singular shall include the plural. 92- 16A b In the event there is any conflict between the terms and provisions of these By-Laws or the Declaration of Covenants, Conditions and Restrictions for SkySail (the "Declaration"), then the terms of the Declaration shall prevail and control. ARTICLE XII.CHANGES IN LAW REGARDING ELECTRONIC COMMUNICATIONS AND TRANSMISSIONS Anytime Florida law governing this Association permits the Association to conduct meetings, committee meetings, membership meetings, elections and/or provide notices, in whole or in part, by telephone, real-time videoconferencing or similar real-time electronic or video communication, or other electronic forms of transmissions, then the Association is permitted to enact a rule which authorizes such electronic communications and/or transmission without the need to amend these documents. The foregoing was adopted as the By-Laws of the Association at the first meeting of the Board of Directors on the 31' day of March,2021. SKYSAIL VILLAGE HOMEOWNERS ASSOCIATION INC., a Florida not for profit corporation By: /s/Ben Gibbs, its President Attest: /s/Dan Ciesielski, its Secretary 93- 1 6 A 6 Exhibit"I" Florida Fish and Wildlife Guide to Living with Alligators 94- 16A 6 ■ Never feed alligators-it's dangerous and A Guide to illegal.When fed,alligators can overcome their natural wariness and learn to associate people with ^food.When this happens,some of these alligators `- • '�--- Living with have to be removed and killed. - • Dispose of fish scraps in garbage cans at boat . • stl•ramps and fish camps.Do not throw them into the "'� `y - water.Although you are not intentionally feeding "�s •--�• a� alligators when you do this,the result can be the �x +� s "may same. - =. -• a� y-.,. i , i - yF ��, ,�, 1` , : • Seek immediate medical attention if you are rlialiiiiiihnhum...iei '`:" A 11r bitten by an alligator.Alligator bites can result in "T serious infections. ►^ . /s, • Observe and photograph alligators only from P" • t''� a distance.Remember,they're an important part ..•_ -' }-- ,fi 1 ' '-t of Florida's natural history as well as an integral To report nuisance alligators call ) ti ' _ l component of aquatic ecosystems. 866-FWC-GATOR (866-392-4286). -- r�r— r-•' , er g ; J I, la 0 You �K .z.-t '�' , try -''�` •:-wit,-• va is .. - �,. r • rx IPt "'e. $ yr it - ,—_ -- MyFWC.com/Alligator ,jt-, .: /�� - '•y +n a -- , r ;r .g. .1. 41* � _ '�•Mr- -,.....-_-......Let. — - lame Fetltlersen - , t w , R , Florida Fish and Wildlife Call 866-FWC-GATOR(392-4286)to report nuisance Conservation Commission alligators. 6�O Printed on recycled content. 02/2012 ". 4,FWC..c Application No. 190429-1382 Permit No. 11-102804-P Page 1 of 6 1 6 A 6 call the Nuisance Alligator Hotline at 866•FWC- N O GATOR(866.392.4286).Please be aware.nuisance SWIMMING 1 ,, ,x:y alligators are killed,not relocated. ALLIGATORS �� s Y'-• j ' •Be aware of the possibility of alligators when FREQUENTyou are in or near fresh or brackish water.Bites eci may occur when people do not pay close enough THIS AREA ! „„nonwan,nvc attention to their surroundings when working or T—'"ti BE SAFE recreating near water. mg�� jl$11191 i 0' •. - — • Do not swim outside of posted swimming areas Ala. •1 or in waters that might be inhabited by large -- - Alligators and People alligators. Alligators are a fundamental part of Florida's wetlands. --n swamps,rivers and lakes,and they are found in • Alligators are most active between dusk and Do not skim outside of posted swimming areas or in all 67 counties.Florida continues to experience dawn.Therefore,avoid swimming at night. waters that may be inhabited by alligators. human population growth.Many new residents seek waterfront homes,resulting in increased interactions • Dogs and cats are similar in size to the natural between people and alligators. prey of alligators.Don't allow pets to swim,exercise Living with Alligators or drink in or near waters that may contain In Florida,the growing number of people living Although most Floridians understand that we have alligators.Dogs often attract an alligator's interest, and recreating near water has led to a steady rise alligators living in our state,the potential for conflict so do not swim with your dog. in the number of alligator-related complaints. exists.Because of their predatory nature,alligators The majority of these complaints relate to may target pets and livestock as prey.Unfortunately, • Leave alligators alone.State law prohibits alligators being where they simply aren't wanted. people also are occasionally bitten.Since 1948,Florida killing,harassing or possessing alligators.Handling Because of these complaints,the Florida Fish and has averaged about five unprovoked bites per year. even small alligators can result in injury. Wildlife Conservation Commission's Statewide During that period,a little more than 300 unprovoked Nuisance Alligator Program permits the killing of bites to people have been documented in Florida,with approximately 7,000 nuisance alligators each year. 22 resulting in deaths, t Using this approach,and through increased public y�� 11 _. awareness,the rate of alligator bites on people has In the past 10 years,the Florida Fish and Wildlife i' , {= remained constant despite the increased potential Conservation Commission has received an average of —�' for alligator-human interactions as Florida's human nearly 16,000 alligator-related complaints 1 t C 3 g� p per year. _„ population has grown. Most of these complaints deal with alligators occurring in places such as backyard ponds,canals,ditches and a` Alligators are an important part of Florida's streams,but other conflicts occur when alligators . landscape and play a valuable role in the ecology wander into garages,swimming pools and golf course 4f hc.•, of our state's wetlands.Alligators are predators ponds.Sometimes,alligators come out of the water to :: and help keep other aquatic animal populations in bask in the sun or move between wetlands.In many Y balance.A better understanding of the facts and cases,if left alone,these alligators will eventually move information presented in this brochure will help on to areas away from people. ensure that people and alligators can continue to coexist. Safety Tips ;.. . - ■ Generally,alligators less than four feet in length Visit MyFWC.com/Gators for more information are not large enough to be dangerous unless handled. r about alligators and the latest nuisance alligator However,if you encounter any alligator that you A young alligator wanders onto a porch in a resident 1M program statistics. believe poses a threat to people,pets or property, neighborhood. Application No. 190429-1382 Permit No. 11-102804-P Page 2 of 6 1 i A 6 Secure common bear attractants Bear range in Florida •.-. lir' ■ Use electric fencing to protect gardens.comµut piles apiaries.fruit trees and livestock. • St,Pre �drKyel:,h, "be: .re ,ant A guide to living in L, waaimn s or in a secure area until the morning .{ of Melt up. �f 1 - ■ Feed pets indoors or bring fund dish.kayo if empt)'1 inside before dark. 0 ■ Score pet and livestock feed in bear-resistant 'y inside s secure area. ■ Remove bird and wildlife fevers.enaWY the f t ^%wwY 0 area if nf all eed. d,corn.or other v< uw�p - l at* ■ Keep garden s an Orr p gardens and Suiting u and shrubs # • tidy.Remove careen truit and harvest ripe nuts. fruits and vegetables. N r ,,(�rs,, ■ Clean meal amokers and barlwlue grills with a e Oak 'r'. -h - ,�- degreasing detergent Properly diapoee of t vrd ,�� J_ aher each use ,-`^4 h at ' Leant more about black bears with the Florida Black 1a•ss ,{ ->p, Fear Curriculum Guide.The guide is designed to tees Discouraging bears from visiting educate teaches and students in3rd to nth grade and R'yuu are experiencing bear prehletn,Meese contact :.'t h your home offers.a comprehensive so-rim of lessons on Honda's the nearest MC regional office. +' C , Properly storing or seettring residential garbage and black hear. . -.Roc-.., other attractants sc a proven method of discouraging North Central.Lake City 3867580525 _ bears and preventing hear con8lct and homes. To Ret tspo on how to axwe bear attractant,watch Northeast,Ocala 352-732.1225 4 farms and neighborhoods.The following items attract videos about hears or how to instal:electric fencing. Narlhwast.Panama City 850.265.3676 N.re hc•:ua and should be Pr'otimed by an electric knot, and leant more cheat bt•ar.rr.,istant yvnurinrrs.visit Souls.West Palm Beach 561.6255122 wildlife resistant container.or stored in a secure alyFW'C.enin,Bear. Southwest,Lakeland 863.648-3200 � pine such as a garage or sturdy shed: Trash and recycling - w' y rnntainera -i!._' it you suspect Illegal activity.call FWC's WIICINe Alert �. Bird and squirrel feeders Hotline at 1E88d04-3922. Genie fetders Per fonds and howls r -. Follow us on: Burbeque grille and smokers .*'t Pete and small livestock . ' - gi Livestock feed � You fliekr Compost pilot Beehive 0 - Fruu and nut-hearing Ere.and shrubs - tees.,`. • """`a"w'"r Fun 9 frorn the"Conserve Wildlife" ) ' ro Florida fish and Wildlife license plate help support efforts to . al, 1 f 'conservation Commission reduce human-bear conflicts.Buy one .• } a✓" 0 Florida man end wiideee today at your local tax coliector's office .. h-1< ,• Cansnvanon commission or online at BuyAPlate.com. 7 —' -. :..' Y' i2..... •:,r,.aa 'v . _I — Application No.190429-1382 Permit No.11-102804-P Page 3 of 6 I 6 A 6 4igilth, 60'• ,"-- ; ,, ,...,,,„ r 4 too comtnnahle around people art-mare likely to tm The bear facts .4. '4!.tiril.'' /....-,,,,,,, ....: 4 killed,either by vehiele coliisions.illegal abrading.or as Mink beam are the only species el hear in Fltaida a result of hear management Rai... and once roamed the entire state. • MC hioloemm estimare there are 2.500- _.,„..s. .,,,,,! , ... . ..:ii-ra.„1"-:: ?- People vk why problem bear.can't simply be relocated :1,000 black beam in Maid. - ,A .• pi,r-3,. - to a"'wild anai when-they won't bother anyone.- • Florida bears are generally black with a . ,...., ,, M• .7.' ' '•;I l • linfiortunately.arena large and remote enough for hear.[0 asoid people arc rare an Florida.Alen.most relocated hears typically leave the new mew either to brown muzzle and may have a white chest marking called a hhme. • Adult/dark bears typiPally weigh betwern return to their original home or to lesiva an area already 150 to 400 pounds,maim are usually larger «cupied by mher bear..Some bears will wander than females. VIN.r.1....,bei,through unfamiliar areas and cross husy roads.creatine • Female bears have.thair fitst litter at about .._y••I .. , • / ., ...• a danger to,the bear and to motorists too addition,beam • Never approitch or surmiae a he..Keep no g'/:year,of age and generally hanoon,to remaining in the rehtmtion area nften exhibit the name. much distance between you and the boar a, Hove cube every other boar. .•I ?•'•i.-• . ..,4,' unwanted behavior,thug shifting the problem to a new possible. • In Florida.the breeding semon runs from •.7,...',* : ".;/:,:-4141. L' h ha n reatilt,rehwation in not e desirable or • Make sure you are in a seem.area and the bear June to Auguat and cube arc born in late •...-:'*. ' ,j r •,1e. . . ? effeetive solation to be conflict*Wildlife biologists -,' 4,7•/./t,f, , ,, . ..• T mil provide techniml advice to rmidenta who live in has cclmr eiwa sonar pe roe to leave the aram.then yell.bang pots and pans.or use an air hurn to • January or early February. I3ears of all ages an excellent climber,, Y' -.-,,, ', '' •. rt, hem.country to help them take actiona to diseourag m e sca the bear away. and iaall eliirdt trees when they are t*(.'fl.,';'"I7.I..i41/0* •''' beam from hemming a problem.TIm MC is i-ommitmd • Ilo not torn your bark,play dead or run from frightened or braking for fond te.g..e.o.mol. to addreming the safety onicerna of resident*and a black hear.Back away slowly into a house,car • About 80 pereent of a blink bear',, visitor,,while ensuring the Ion Orrin well.lving of or building. diet comes from plants(e.g.,(ruit,nuts, If you live in Florida,you blark hear. • &Tort line hear threatening the safety of berries).IS percent From insects(e.g.. should know hiimans.pets or livestoc)o.or causing property termites.ante.yellow jackets,and 5 percent Florida black hear populations have been recovering If a bear comes into your yard damage to the MC.tkm.back panel,. from meat(e.g..opos-mins.armadillos, from historically low nunib,>rs in most areas of the If you encounter a black bear at an,range.remain • Warning!It is illegal to injure or kill black smte.At the mtne time.the human population to standing upright.hack tip slowly and apeak to the bear bears under Florida state law.If ym are found rapidly.panding in and around bear range.As a in a mlm.assertive voim. guilty,you could fere fines and/or jail time. It Is Illegal to Intentionally place food or result,bears and humans are encountering each • Do net intentionelly feed or att..hems.If a garbage out that attracts bears and causes other more than ever. bear is eating something on pew property.take Climbing trees ia a beais natural eiwape route.keep peopl d pe. T/t If the Conflic ts.Anything that attracts dogs.cats note of what it iii and e.vore it after the bear bear climbs a tree. e an away. e bear Calls to the Florida Fish and Wildlife Conservation has loft the area, will come down the tree and leave when it fenls wife. or raccoons also will attract bears! Commission(FWC)about human-bear encounterti usually after dark. have increased from 1,000 in 2001 to an-nor 1.000 in . 2010.The most common calla refer to hears in yards . O. •)'''''' ..- ,s., ' • ..- . Did you know? • -• 4 • •-.—. , ..and getting into garhme. • Black Inm.are shy animals and generally,. • . K. . \ '4.-' 4. aggreasive towarda people.Vl'hen a bear atande on its .l'he non preemce of a black bear does not re/am-Ant •1 . ,,. hind legs.trio merely trying to gm a hotter Vie,rather 1% . probletn.In fact.living in bear muntry can provide , .'44 than acting ton threatening way.Black llean,may huff.1...„ . ) ,.., ..... '.,.-.-• ,' :.. . unique and rewarding experiences for renidents. .--lt. A.. snap their jaws,swat the ground tor-blulT,harge"when While feeding hears is illegal in Florid.hears are ,,. - mrnered.thmaterwd or taught stealing Pad.Stand your grotmd and then alowl, ark away dig 3 reap t . ...still often fed by humans.tither intentionally or • -,4 ars-they are large and powerful wild animals and , . „...unintentionally.When black bears ham acre. set npredietably.Bears used to gettin ,to pet food.garbage.birdseed.livestock boot or alit• '.:,,.:dc• ,, ..„/ ,..,,.#,I,... lilt IhI:tenanb"rnay Ino their natural fear of people and are • 'other human-provided items,they quickly kern to ,..,,,,.. st, -, . ,re e. I more likely to damage property or become a safety associate people with food.Bears that have heroine to._ . •...., _, . SN'I. _ ..t...11 threat. . -. Application No.190429-1382 Permit No.11-102804-P Page 4 of 6 16A 6 You live in Florida panther country If you see a Florida panther y Rl Florida pantnen are recklslve and rarely seen by people. The Florida panther moves primarily Cr night.The .7:1 A guide to living with Trey normally toe in remote,undeveloped areas. chances of seeing a parther are slim.B y=But if 0 "-'^'r :live in 46. However,as Me number of people,n southern Florida Florida panther country,ye,nave to knowwhat do it 9 ; u' „ grows.there Is en Increased chance of an encounter you see are. 2 ±l E°° with a Florida panther. H `i 2n 9; v Asap eWrea egthla sight otd close to you.P'ck 0 _ This brochure contains some guidelines to help You live up try small cnilorer so:new don't panic ono run. 3 '.iri safely in Florida panther country. Try to do this without bending over a''arming away E u' tram the n apac panther. c "'=m n \� e M dram apace.Florida panthcs lypiraly will �'•g R 3 sda� ' f5 «tl confrontation.Give the a way to escape o _e v. \_ • �f , ��+` Pa mat run.Running may tat panther's a . g.. / OOJJ-0, - i l) _ instinct ro chase.Stand d h animal.Make �. / —. \�� • 6 eye =tact w let m¢giantism you are aware o a �1- 1 1 ' •r y• its presence •-.a 4 a/ 1y w e- 'f.Y' • !• t4' g, ,avoid orouchIng or bending over.Souatnng a, • _'.•+a' 7 - e/,:' I i .t loaning make!you Wok smaller,•es.mbling a prey• teaR. sized animal. e • V' appear larger.Make gestures thatindicate y=u er °11: 'vf not prey aria:ha:you may be a danger:o lh oa rtI Rase your erns Open your jacket,Meow .y ' stones.brdr'=ha3 or whatever you can reach ',hair col k t ,s4, a 11 c Juchirg Jr Turning your back way¢you.arms -° _ Va 8 if sMwy a e steak firmly in a loud voice '�!r i! .,1 1 %®Fight back If att ked.There has neve'been a le!�t - �4 • repartee p ti. t kin Fl«ids n western ss y stales. h t by cougars nave=tuned t t+ 4.�- - •', very rarely,aroma! tins have lough;back t {� t., '� ' r successful,'with k at caps.jHG¢s � - { - �. ga deli is and their bee hands,S ce large cars •• I e y� suety try to bite the held a neck,try to renar•. •.5I><•' r a - • mantling and lacy:the animal. 1 Keep sev�rmskAr tmse m you ea°xwu, e Mickel u end j . • t 4 Nw� r as J). • (11,A* l p •t. f f 1g^. �I If you feel threatened by a panther,or have lost pets or livestock to a panther, ,, _ please call the Florida Fish and Wildlife ,r rl ;,�,tl f r ,� eb,x ei,w Conservation Commission's Wildlife Alert Hotline at 1-888.404-FWCC(3922). MyFWC.COm/PantheY • Application No.190429-1382 Permit No.11-102804-P Page 5 of 6 II6A A, 7 ways to live safely in Florida panther country Florida panther facts Willie these gLidelines are meant to nee you eve safely ii n Florida panther habitat I 1 apply to king 'tr .y,:,• - - The Florida panther s G subspecies of puma. .h There is ro record of a Florida pranter attacking more commonly encounter.wields,'ncludi g raccoons, also 4row•as a litsuJ riglion cougar.It is e a person nor da panthers are rarely seen. snakes,bears and all'ge ars. l r last wnspecees she wnrving in the eastern United States. et The biggest threat to the future of the Florida 1,Healed from dusk All dawn(a±ed whenever dear die eachr is habitat loss.A number of panthers also are ietiW) • BWlogsts estimate nougat'100-160 adult and die year due to venide oldies an roadways. ore panthers entreaty g F - ±`� subacult Fkride uaethera remain in IFe Palo.Most V The Florida panther was chosen as the State oilman are active at night.Exercise A pan;n¢rs yve ut srl,;hwerst Florida,ltheh Ot tM1e more caution at dawn,dusk or dock Catoosanalchee Ricer.aehougrF some pantners have Animal of Florida in 1982 by a vote of elementary 2.Keeppanther prey away ... t, A' - been documented traveling as tar north as central school secants throughout the state. Deer,raccoons.rabbits.armadillos nor wild froHs are GeorHie prey for theFlorida panther.By feeding deer or other The Florida panthers decline°crew.prior to ��--rr Do rife.peopleinadvertently yattract panthers. 1950 when it still was legal to hunt panthers It �l II '( _ Do not Have potential wildlife food tide such as was listed as endangered Ir 1967 and Is protected Y ±f -`� unsecured garbage net food.Consider fearing under rederal and state laws ` t= vegetable gardens. and tenure. Florida panther numbers declined to roughly 30 - 8,Keep pets secure ± cyst cats by the early 1980s.Severe inbreeding resulted I I� Fate-roaming pets,nr pets that are lelnered and many north era"steal problems.A genetic -1 ,�. unfenced,are easy prey tar e.gap danesti<livestock secure _C- ey predatoo,coluding Where ors:heal,place ch ckeris.goats.hogs or other resto•aton pry act 1eat995 was successful in _� panthers,Bring pets inside or keep them in a secure lvestoce it enclosed structures at right.Electric Panther p the genetic health and ego,o!Me and covered kennel at night.Feeding eels outside fencinga,on an elrective. Panther population. also may attract cocoons and other panther pray, rpredator aete•rent. _ g Florida panthers are found primarily in the Big do not leave uneaten net rood available to whdlire. 8.Landscape for safety Cypress/Everglades ecosystem n Collier,Lee. Y L_ Lpe Florida Panther anther Range )R. e dense ur lowaying aegetat on that would Hendry.Monroe and Miami-Dade .ties p de hiding places fcr pantFe•s aid o•ner predatory Florida norm range by set .Known Brxnu nL rangeanima near your house. and by i dvi al.Female h ads are typicallyRen% plants that ceer I.e beat 80 75 square k whereas re typically Confirmed c'Aaea •Clwpit plants that do not attract deer or dinar species.FO I I'ot Or plaits that deer ao t ha¢to eat art ads as.uaedueLW137 160.2G0 square mites. -Cadbe. OaR rc , iB A- •Acprop t . g ll make your yard or pie/ ' g t pray animals such as deer. i. ..r 11l A g Consider eta d t nt I p #- .r`}� Outdoor 1g _g. t sons ana electric!anteing '? b 0 fYr,o / ♦ a>d p rat tip front. t'" Ygu�flickr • .•e✓1� entering y yard.a eon lighting l n make 4�+ 14' y�': eW deco 8 prey and panders more utsbk:a you. a�' ❑e -'.: l 46. 7.Hew or bike with a kerb When recr trig outdoors Its a good practice to let , Keep ysur pets sage ana seccu•r fling pers inside friends or family know your whereabouts artd when you - _ , ar keep mem in settee and:nv d nee or rrignl etteec'to return getter yet take a lend with yowl - ` I - Application No.190429-1382 Permit No.11-102804-P Page 6 of 6