Backup Documents 01/25/2022 Item #16A21 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP I $AZ I
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 Office
at the time the item is placed on the agenda. All completed routing slips and original documents inns( be received in the County.Attorney( Mee no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. 11'the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office
DJ) P
4. BCC Office Board of County
Commissioners w�JY /9/4/ 3/10/2 Z.
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 o1'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 01/25/22."-- Agenda Item Number 16.A.21
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? 9t4Ap 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 01/25/2022 and all changes made during
the meeting have been incorporated in the attached document. The County �r7r7"
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the eS
BCC,all changes directed by the BCC have been made,and the document is ready for the 1(� P �s4
Chairman's signature. aQ
Frg
1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16 A21
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered
into this 18TH day of JANUARY , 20 22 between PULTE HOME COMPANY,LLC hereinafter referred
to as "Developer", and Board of County Commissioners of Collier County, Florida, hereinafter referred to as
the "Board".
RECITALS:
A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board
of certain plat of a subdivision to be known as: SONOMA OAKS pL Z0/goon
B. Chapter 4 and 10 of the Collier County Land Development Code required the Developer to post
appropriate guarantees for the construction of the improvements required by said subdivision regulations,
said guarantees to be incorporated in a bonded agreement for the construction of the required
improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set
forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed: Sig tAST,ttle--7vRE s/►1picoVESEArIS
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$ 2,472,821.49 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.
Page 1 of 2
i 6 A 21
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 18TH day of JANUARY , 20 22 .
SIGNED IN THE PRESENCE OF: (Name of Entity)
/"JZ-7 NO/7C -CMP/4Nr,
Witness: G j�!
By:
Printed Name: PA/7/ Su-(
GHAee. /a v(iJ1KCN, VP 41i
Witness: Printed Name/Title
/j. (President,VP, or CEO)
(Provide Proper Evidence of Authority)
Printed Name:
AI' " /3. /ell Sc-2 Evidence of signing authority attached
QQ� � hereto as Exhibit "B".
ATTESTr�'/, 7y
CRYSTAL�K. KINZEL, CLERK Attes to C I1a11.•S BOARD OF COUNTY COMMISSIONERS
:5 e Guys
.� R COUNT LO
C./jCe/J� C'
By: .. By: •
Deputy Clerk Wi 1 as L. McDaniel, Jr. , Ch a 1 rase
Approved as to form and legality:
�liu' 1
Derek D. Perry
Assistant County Attorney
Page 2 of 2
16A21
EXHIBIT "A"
Subdivision Performance Security
16A21
EXHIBIT"A"
PERFORMANCE BOND
80ND NO US00115171SU22A
KNOW All PERSONS BY THESE PRESENTS:that
Pulte Home Company, LLC
(Name of Owner)
24311 Walden Center Drive, Suite 300
(Address of Owner)
Bonita Springs FL 34134
(Address of Owner)
(Hereinafter referred to a"Owner")and
XL Specialty Insurance Company (Name of Surety)
^ 505 Eagleview Blvd.
(Address of Surety)
Exton, PA 19341 (Address of Surety)
630-468-5600 (Telephone Number)
(hereinafter referred to as'Surety")are held and firmly bound unto Collier Count Florida (hereinafter
tiYO MII.LIOS FOUR FIU'41) i '.1IVEN 1 116.0 I IIOUS ND F RAH IIUNUIFI'.I
referred to as"County")In the total aggregate sum of TWENTY ONF AND 49/l1I Donors
is 2,472,821.49 )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 SONOMA OAKS 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
Page 1 of 3
t 6A21
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
19TH day of JANUARY) 2022 /
: _Owner Ns nd Title I C potation) Pulte Home Company,LLC
By:
PVL,NaTirotricks Print Nam Gregory S. Rives
(Provlde Proper Evidence of Authority)Assistant Treasurer'
Prin lame Evidence of signing authority attached
hereto as Exhibit "B".
ACKNOWLEDGEMENT
GEORGIA
STATE OF
FULTON
COUNTY OF
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS
OF 0 PHYSICAL PRESENCE OR❑ONLINE NOTARIZATION THIS DAY OF 19TH / January
20 22 by (NAME OF ACKNOWLEDGER)AS
(TITLE) OF Puke Home Company.I LC (NAME OF COMPANY) WHO IS PERSONALLY KNOW TO
ME,OR HAS PRODUCED AS IDENTIFICATION.
Notary Public-State of Georgia
(SEAL) SHIRLEY E HUTCHINS
Notary Public-State of Georgia
le ' Fulton County
//(• 1 4t-p.-,st' My Commission Expires Mar 18,2022
Printed Kerrre Shirley E.Hutchins
WITNESSES: (Surety Name and Title If Corporation)l XL Specialty Insurance Company
/5. �� BY: c T -t1 !!(Q4yi� y
).
Printed Name Print"Namef TitIFames I.Moore,Attorney-in-Fact,FL License#A183300
j1r�i�RC1J �3. �r f 5G R —(Provide Proper Evidence of Authority)
By.Q Sl p,42, 7 11 Q J s`i-
Printed Name Alexa Costello,Secretary
Page 2 of 3
i6A21
ACKNOWLEDGEMENT
STATE OF Illinois
COUNTY OF DuPage
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS
OF®PHYSICAL PRESENCE OR 0 ONLINE NOTARIZATION THIS DAY OF 19th January12022
20_ ,by James I.Moore _NAME OF ACKNOWLEDGER)AS Attorney-in-Fact
{TITLE)OF XL Specialty Insurance Company (NAME OF COMPANY) WHO IS PERSONALLY KNOW TO
ME,OR HAS PRODUCED AS IDENTIFICATION.
Notary Public—State of Illinois
(SEAL)
Printed Name
OFFICIAL SEAL
Alexa Costello
I NOTARY PUBLIC,STATE OF ILLINOIS
I My Cu....ssrcn Cxpires Nov 1D,2023
Page 3 of_ 3_
6► A21
Power of Attorney BOND NUMBERUS00115171S1J22A
XL Specialty Insurance Company
XL Reinsurance America Inc. LIMITED POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That XL Specialty Insurance Company,a Delaware insurance companies with offices located at 505
Eagleview Blvd.,Exton, PA 19341, and XL Reinsurance America Inc.,a New York insurance company with offices located at 70 Seaview Avenue,
Stamford, CT 06902,, do hereby nominate,constitute, and appoint:
James I.Moore
each its true and lawful Attorney(s)-In-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and
deed, where required, any and all bonds and undertakings in the nature thereof, , for the penal sum of no one of which is in any event to
exceed $100,000,000.00.
Such bonds and undertakings, when duly executed by the aforesaid Attorney (s) - in - Fact shall be binding upon each said Company as
fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed
with its corporate seal.
The Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of each of the
Companies on the 26th day of July 2017.
RESOLVED, that Gary Kaplan, Daniel Riordan, Maria Duhart, Gregory Boal and Kevin Mirsch are hereby appointed by the Board as authorized
to make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings, contracts or obligations in surety or
co-surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to
attest the execution of any such bonds, undertakings, contracts or obligations in surety or co-surety and attach thereto the corporate seal of
the Company.
RESOLVED, FURTHER, that Gary Kaplan, Daniel Riordan, Maria Duhart, Gregory Boal and Kevin Mirsch each is hereby authorized to execute powers
of attorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undertakings in surety
or co-surety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them Is hereby authorized to
attest the execution of any such power of attorney, and to attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be
affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such
facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or
obligation In surety or co-surety with others to which It is attached.
IN WITNESS WHEREOF, the XL SPECIALTY INSURANCE COMPANY has caused its corporate seal to be hereunto affixed, and these presents to
be signed by its duly authorized officers this April 13th, 2018.
,a na°,yd XL SPECIALTY INSURANCE COMPANY
i • APOR9� n�`Eofo
Q p
a: SEAL.z by C
Gregory Boal,VICE PRESIDENT
' tnwask,�°�
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STATE OF PENNSYLVANIA
COUNTY OF CHESTER Attest: it A
Kevin M.Mirsch,ASSISTANT SECRETARY
On this 13th day of April, 2018, before me personally came Gregory Boal to me known, who, being duly sworn, did depose and
say: that he is Vice President of XL SPECIALTY INSURANCE COMPANY, described In and which executed the above instrument; that
he knows the seals of said Companies; that the seals affixed to the aforesaid instrument is such corporate seals and were affixed
thereto by order and authority of the Boards of Directors of said Companies; and that he executed the said instrument by like
order.
•.+�+ram
`GP C_•Sygl`t COMMONWEALTH OF PENNSYLVANIA
dot+tvF-.y= NOTARIAL SEAL (((/v
• lea c.: Rebecca C. Shalhoub, Notary Public
:oe:u of Uwchlan Twp., Chester County
•e a: My Commission Expires April 25.2020
•et%'Y vP V AIEL BER,PENHSYLVANN ASSCGATIDN OF NOTARIES Rebecca C.Shalhoub,NOTARY PUBLIC
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+.+.►.••
•
SB0042
I6AZi
STATE OF PENNSYLVANIA
COUNTY OF CHESTER
I, Kevin M. Mirsch, Assistant Secretary of XL SPECIALTY INSURANCE COMPANY, a corporation of the State of Delaware, do hereby certify
that the above and forgoing is a full, true and correct copy of a Power of Attorney issued by said Companies, and that I have compared
same with the original and that it is a correct transcript therefrom and of the whole of the original and that the said Power of Attorney is still
in full force and effect and has not been revoked.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation, at the City of Exton, this 19th day of
January,2022
`y tVS -! 1,0V t.
1`v.0µ?Old J no 0:0n ►� -A -:-- 1"
N, SEA* 1)" Kevin M.Mirsch,ASSISTANT SECRETARY
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IN WITNESS WHEREOF,XL REINSURANCE AMERICA INC.has caused its corporate seal to be hereunto affixed,and these presents to be signed by its duly
authorized officers this 13th day of April,2018.
� `Cj��RAJCEq .,y XL REINSURANCE AMERICA INC.
e & , —t by: %�
r).
SEAL Gregory Boa!,VICE PRESIDENT
w YOs*-'
Attest: _ r
Kevin nMM.`-Mirsch,ASSISTANT SECRETARY
STATE OF PENNSYLVANIA
COUNTY OF CHESTER
On this 13th day of April,2018,before me personally came Gregory Boal to me known,who,being duly sworn,did depose and say:that he is Vice
President of XL REINSURANCE AMERICA INC.,described in and which executed the above instrument; that he knows the seal of said Corporation;
that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of
0 1,14 Seri
Q C.S co:: COMMONVEALTH OF PENNSYLVANIA
oe� � •o- NOTARIAL SEAL (----
Zee.c �-
Rebecca C. Shaihoub, Notary Public
x:�
OF c: Uwchlan Tvrp., Chester County
• , . - My Commission Expires April 28,2020
•1••:40Sywp•;..- MEu3ER,PENNSYLVAN:A ASSCCIAtION Of NOTARIES Rebecca C.Shalhoub,NOTARY PUBLIC
Off, lip 9v
'�';.RY.'•0
STATE OF PENNSYLVANIA
COUNTY OF CHESTER
I, Kevin M. Mirsch, Assistant Secretary of XL REINSURANCE AMERICA INC. a corporation of the State of New York, do hereby certify that the
person who executed this Power of Attorney,with the rights,respectively of XL REINSURANCE AMERICA INC., do hereby certify that the above
and forgoing is a full,true and correct copy of a Power of Attorney issued by said Corporation,and that I have compared same with the original
and that it is a correct transcript therefrom and of the whole original and that the said Power of Attorney is still in full force and effect and has
not been revoked.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation, at the City of Exton,this 19th
day of January,2022
02E;••
SOW ORd. e:PN �'�"\---
r1
Kevin M.Mirsch,ASSISTANT SECRETARY
S'EAL,-i
This Power of Attorney may not be used to execute any bond with an inception date 4/13/2023 12:00:00AM
SB0042
t 6 AZ1
EXHIBIT " B"
Signing Authority
i6AU
Prepared by and return to:
Scott Clements
Area General Counsel
Pulte Home Company, LLC
2301 Lucien Way,Suite 155
Maitland, Florida 32751
AFFIDAVIT
STATE OF FLORIDA
COUNTY OF ORANGE
BEFORE ME, the undersigned officer authorized to administer oaths, on this day personally appeared Scott M.
Clements,who upon being duly sworn,deposes and says:
1. He is over the age of eighteen(18)years and has personal knowledge of the facts stated herein.
2. He is Area General Counsel, Vice President, and Assistant Secretary of Pulte Home Company, LLC, a Michigan
limited liability company (the "LLC"), successor by conversion of Pulte Home Corporation, a Michigan
corporation,which has never been dissolved.
3. The individuals identified below have been duly authorized to execute documents on behalf of the LLC in
accordance with the Signing Power Resolutions adopted by the LLC as of January 1, 2017,currently in effect and
attached hereto in pertinent part as Exhibit "A" (the "Signing Powers Resolution"), and such documents, properly
executed by the individuals identified below,on behalf of the LLC are binding upon the LLC:
Peter Keane Area President(Florida)
Brian Yonaley Area Vice President—Finance(Florida)
Rich McCormick Division President(Southwest Florida)
Anthony L.Schutt Vice President—Operations(Southwest Florida)and
Vice President—Finance(Southwest Florida)
Naomi Robertson Director—Finance(Southwest Florida)
Daniel Bryce Langen Vice President—Finance and Treasurer
Gregory S. Rives Assistant Treasurer
Michael Woolery Vice President—Land Acquisition(Southwest Florida)
Steven Gust Director—Land Acquisition(Southwest Florida)
Glenn Hasenfus Director—Land Acquisition (Southwest Florida)
Mike Hueniken Vice President—Land Development(Southwest Florida)
Scott Brooks Director—Land Development(Southwest Florida)
Keith Stewart Vice President—Construction Operations(Southwest Florida)
Joshua Graeve Vice President—Sales(Southwest Florida);and Assistant Secretary(North
Florida,West Florida, Southeast Florida, and Southwest Florida)
Wes Copeland Vice President—Purchasing(Southwest Florida)
Travis Hucks Director of Product(Florida Zone)
Scott Clements Vice President and Assistant Secretary
Michael Blake Lapinsky Assistant Secretary(North Florida,West Florida,Southeast Florida,
and Southwest Florida)
Craig Russo Assistant Secretary(North Florida,West Florida,Southeast Florida,
and Southwest Florida)
Justin Wood General Sales Manager(Southwest Florida)and Assistant Secretary(North
Florida,West Florida,Southeast Florida,and Southwest Florida)
Additionally and specifically, Naomi Robertson, as Director — Finance; Justin Wood, as General Sales
Manager; Ella Fleming as Division Controller; and Laura Ray, Christicia Marconi, Joann Frazier, Ashley
Sherrill, Maleine Beltran, and Cindi Diekelmann, in their respective capacities as Closing/Homebuyer
Coordinators, have been duly authorized to execute (i) contracts for the sale of residential homes or lots to
consumers(not to another business), and (ii) deeds of conveyance and all other documents that are relevant or
incident to the sale and closing of residential homes or lots to consumers (not to another business), including any
mortgage-related documents, such as buydown agreements or other relevant documents, on behalf of the LLC,
and such documents,properly executed by such individuals on behalf of the LLC, are binding upon the LLC.
Further, Daniel Bryce Langen, as Vice President-Finance and Treasurer, and Gregory S. Rives, as Assistant
Treasurer, have been and are duly authorized to execute bonds and any other bond-related documents on behalf
of the LLC,and such documents, properly executed on behalf of the LLC are binding upon the LLC.
F:1Groups1SERLegalkCostantinotforms''uthcritylSWF FHC 012021(full).doc
Exhibit"B"-Signing Authority Page 1 of 11 PR-PL202200000965
PPL-PL20190002811
t6A21
4. The Signing Powers Resolution, Paragraph C., RESOLUTIONS, I-V, VII, and VIII, identifies certain titles in the
Division Specific Signing Power sections,which titles are clarified and shall correspond as set forth below:
A. Omission of the words"Gulf Coast,""North Florida,""West Florida,""Florida,""Southeast Florida"or
"Southwest Florida" after an officer's name does not constitute improper, incomplete or incorrect
execution and does not affect or limit the authority of the otherwise duly authorized officer in any
way;
B. Division VP/Director of Finance shall mean either a Division-level (i.e., Southwest Florida-level)
Vice President—Finance or a Director of Finance;
C. Division VP/Director of Land Development/Acquisition shall mean either a Division-level (i.e., a
Southwest Florida-level)Vice President Land Development or Vice President—Land Acquisition;
or either a Director of Land Development or a Director of Land Acquisition;
D. Division VP/Director of Construction Operations shall also mean either a Division-level (i.e.,
Southwest Florida-level) Vice President — Construction Operations or a Director of Construction
Operations;
E. Division/Project Controller shall also mean either Division Controller or Project Controller;
F. Division VP of Sales shall also mean Vice President—Sales.
5. The LLC is not now and has never been a debtor in a bankruptcy proceeding during the existence of the LLC.
6. This Affidavit is given for the purposes of evidencing incumbency and authority of the employees named above and
pursuant to the provisions of Section 689.045. Florida Statutes.
Ce6
Scott M. Clements
Sworn to and subscribed before me by means of physical presence or online notarization this d
of , 2021, by Scott M. Clements, Area General Counsel, Vice President, and Assistant Secretary of
Pult ome Comp y,LLC,a Michigan limited liability company, on behalf of the LLC,who is personally known to me.
/ .
Prin Nam- \-Ily V.Costantino
Notary P tate of Florida
Commissio o.: GG929396
Commission Expires: 01/23/2024
2e; c KELLY V.COSTANTINO
7-4Z
Commission GG 929396
.4..P`= Expires January 23,2024
foc;�:; Bonded Thru Troy Fain lnwrance800305.7019
Fr,Groups!SERLegal'.Costantino'Forms`AuthontySWF PHC 012021(f,dli.dcc
Exhibit"B"—Signing Authority Page 2 of 11 PR-PL202200000965
PPL-PL20190002811
lent
EXHIBIT A
SIGNING POWER RESOLUTIONS
C\Users\tmccuenlAppData\LocalWicrosoftlWindows\Temporary Internet Files\Content.Outlook\I5MU7W531SWF PHC 051518(full).doc
Exhibit"B"—Signing Authority Page 3 of 11 PR-PL202200000965
PPL-PL20190002811
I 6 A 2 I
CERTIFIED RESOLUTIONS
OF THE BOARD OF DIRECTORS OF
PULTE HOME COMPANY,LLC
I,Scott M.Clements,herby certify that I am a duly elected and acting Assistant Secretary
of PULTE HOME COMPANY, LLC, a limited liability company authorized and existing under
the laws of the State of Michigan; that attached is a true copy of the resolutions adopted by the
Board of Directors of the limited liability company to be effective January I,2017;and that such
resolutions have not been rescinded or modified, and do not contravene any provisions of the
Articles of Organization or Operating Agreement of said limited liability company.
IN WITNESS WHEREOF,I have here unto set my hand this 3'd day of January,2017.
.,, atZ°171( (0_, ..,-,-.
Scott M. Clements,Assistant Secretary
STATE OF FLORIDA )
COUNTY OF ORANGE )
On January 3, 2017, before me, Kelly V. Costantino, a Notary Public in and for said State,
personally appeared Scott M. Clements, personally known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the entity upon behalf of which
the person acted, executed the instrument.
WITNESS my hand and official seal.
V.
Kelly ostantino,Notary Public
Orang unty,Florida
My Commission Expires: 01/23/2020
,.r KELLY V.COSIAMTINO
• Ccmr>s>bn d FF 9d2099
Erpiree January 2i,2029
=4-''• Irtiol td,tin r:lase tmSI"1
Exhibit"B"—Signing Authority Page 4 of 11 PR-PL202200000965
PPL-PL20190002811
1 b A 2 I
EXHIBIT A
PULTE HOME COMPANY,LLC SIGNING
POWER RESOLUTIONS
A. DEFINITIONS.
As used in these resolutions:
"sirni>!g,power"means the power and authority to execute and deliver an agreement, instrument
or other document.
"General Signing Power" means signing power relating to the ordinary course of business of
PULTE HOME COMPANY,LLC(the"Companly")generally,without restriction to a particular Division
or project, both in the Company's own capacity and in any instances where it is the managing partner or
managing member of a joint venture(the"Partnership").
"Division Specific Signing Power" means signing power relating only to the ordinary course of
business of a Division over which the officer, manager, or employee in question has management
responsibility,both in the Company's own capacity and as managing partner or managing member of the
Partnership.
B. PURPOSE.
The purpose of these resolutions is to establish the signing power of certain employees of the
Company,both in the Company's own capacity and as managing partner or managing member of the
Partnership. Copies of these resolutions may be delivered to title companies and other parties who require
evidence of the signing power of an employee. No employee of the Company may subdelegate his or her
signing power except as expressly provided in these resolutions by use of the words; "Other title(s)or
person(s)designated in writing by. . .".
C. RESOLUTIONS.
RESOLVED,that the following officers, managers,or employees of the Company shall have the
General Signing Power or the Division Specific Signing Power,as indicated in the charts below:
Exhibit"B"—Signing Authority Page 5 of 11 PR-PL202200000965
PPL-PL20190002811
"An
EXHIBIT A
pevclopmeat of Real Property
I.General Development Applications,tentative and final subdivision plats and maps,development
agreements, (and development agreements, amenity contractor agreements and all other
documents that are relevant or incident to the development of real property in which the
Company or the Partnership has any interest, other than documents contemplated in part
VI below:
General Signing Power Division Specific Signing
Power
-
Chairman of the Board Area President
Chief Executive Officer Area VP Finance
President Area VP Land
Executive Vice President Division President
Senior Vice President Division VP/Director Finance
Vice President Division VP/Director of Land
Development/Acquisition
House Construction Agreements. Contractor agreements, construction agreements,
contracts,purchase orders,pricing schedules,scopes of work and all other documents that
are relevant or incident to the construction of residential homes and amenities thereto in
which the Company or the Partnership has any interest,other than documents contemplated
in the ara1raph immediately above this one:
General Signing Power
Power Signing
Power I
Chairman of the Board Area President
Chief Executive Officer Area VP Finance
President Area VP Construction Operations
Executive Vice President i Area Purchasing Director
Senior Vice President Division President
Vice President Division VP/Director Finance
I Division VP/Director of
,.. ` '- '' Construction 0 orations
f
Division Purchasing
:,, . t al•!
.. •i � S l. - _ Director/Manager
Storm Water Management
II. Notices of intent, notices of termination, storm water pollution prevention plans, reports,
certifications or other documentation that Is relevant or incident to storm water
Page 2 of 7
Exhibit"B"—Signing Authority Page 6 of 11 PR-PL202200000965
PPL-PL20190002811
6 & 21
EXHIBIT A
management and erosion control in the development of real property and/or construction
of homes in which_the Com'any or the Partnershij has any interest.
General Signing Power Division Specific Signing
_ Power
Chairman of the Board ' Area President
Chief Executive Officer I Area VP Finance
President ` Area VP Lend
Executive Vice President ! Division President
Senior Vice President Division VP/Director Finance
Vice President Division VP/Director of Land
f Developrnent/Acquisition
r ,,_j • Division Storm Water Compliance
"„ . '"' *}" `: Representative - -- -
Sale and Closintof Residential Homes or Lots
Contracts for the sale of residential homes or lots to consumers(not to another business).
General Signing Power Division Specific Signing
Power
Chairman of the Board Area President
Chief Executive Officer Area VP Finance
President "'Division President
Executive Vice President Division VP/Director Finance
Senior Vice President Division Controller
[Vice President Division VP of Sales
* ' General Sales Manager
��•f ~'r its
" ` { Closing/Homebuyer Coordinator
Any of the following employees of
either Puke Mortgage LLC: Vice
President,Branch Manager and
Assistant Secretary _ _
' Any of the following employees of
either Sun City Title Agency,Inc or
, POP Title,Inc.or POP Title of
Florida,Inc.: Vice President,
• Escrow Manager,Escrow
Supervisor,Director-Closing
_ Services,and Title Officer
Page 3 of 7
Exhibit"B"—Signing Authority Page 7 of 11 PR-PL202200000965
PPL-PL20190002811
1642t
EXHIBIT A
`'v" ;;r; � , Other title(s)or person(s)designated
ist
t'. in writing by either the Area
,--;_;, t ,'.zk:+�'i President or Area VP Finance
IV. Deeds of conveyance and all other documents that are relevant or incident to the sale and
closing of residential homes or lots to consumers(not to another business),including any
mortgage-related documents,such as bu1down a&reements or other relevant documents.
General Signing Power Division Specific Signing
Power
}Chairman of the Board Area President
Chief Executive Officer Area VP Finance
President Division President
Executive Vice President Division VP/Director Finance
Senior Vice President Division Controller
Vice President Division VP of Sales
F ,,.,-,r;•:1*:T:: s.... Manager
. . , General Sales Mana er
;,0.� Cfosing/Homebuyer Coordinator
f ' Any of the following employees of
r'
either Puke Mortgage LLC: Vice
President and Branch Manager
' Any of the following employees of
either Sun City Title Agency,Inc.
•
or PGP Title,Inc.or PGP Title of
Florida,Inc.: Vice President,
': Escrow Manager,Escrow
` '' Supervisor,Director-Closing
- ' Services,and Title Officer
Other title(s) or person(s)
*•X ' ; .,,; designated in writing by either the
4
; •' • .. , e'4' '. , Area President or Area VP Finance
Closine of tbe#'urchase and Stile of Real Property
V.Contracts,deeds and all other closing documents for the purchase or sale of real property(other
gula the sale and closing of residential homes or lots to consumers).
General Signing Power Division Specific Signing
Power
Chairman of the Board Area President
Chief Executive Officer Area VP Finance
'President Area VP Land
Page 4 of 7
Exhibit"B"—Signing Authority Page 8 of 11 PR-PL202200000965
PPL-PL20190002811
6 * 21
EXHIBIT A
Executive Vice President Division President
Senior Vice President Division VP/Director of Finance
and General Counsel
Other title(s)or person(s) Division VP of Land
designated in writing by Development/Acquisition
resolution(s)of the
Board of Directors
Real Property Financing and Land Banking Transactions
VI, Documents related to any of the following real property financings and land banking
transactions:
a. Traditional Financing. Loan agreements,security agreements,promissory notes,deeds of
trust and all other documents that are relevant or incident to the financing of the purchase
and/or development of real property.
b. Special Taxing District Financing. Loan agreements, security agreements, promissory
notes,deeds of trust and all other documents under which the Company or the Partnership
is a party that are relevant or incident to a Special Taxing District Financing (defined
below),other then documents contemplated in Guarantees and Environmental indemnities.
",5gecial Taxing District Financing"means a financing through the issuance of bonds by a
community development district, community facilities district, municipal utility district,
county or municipal improvement district,tax incremental district or other similar special
purpose unit of local government.
c. Guaranteriand Environmental indemnities, Guarantees of payment or performance of the
obligations of another entity (whether in the form of a payment guaranty, Indemnity or
other document), maintenance or remargining guarantees and environmental indemnities
in connection with development financing.
d. Land Banking Transactions. Assignments of contracts to purchase real property,options
to purchase real property, development agreements and other documents evidencing
arrangements with an intermediary, such as a land banker, to purchase or develop real
property.
General Signing Power Division Specific Signing
Power
Chief Financial Officer of
the publicly traded ultimate
t_parent
Treasurer of the publicly
traded ultimate parent_ _�,
Page 5of7
Exhibit"B"—Signing Authority Page 9 of 11 PR-PL202200000965
PPL-PL20190002811
I .6 *21
EXHIBIT A
J.,kense5
VII. Documents necessary to obtain licenses and department of reel estate public reports or similar
documents in California and other states(such as,without limitation,Arizona and Nevada)
General Signing Power
Division Specific Signing
Power
Chairman of the Board Area President
Chief Executive Officer Area VP Finance
President Area VP Land
Executive Vice President Division President
Se
nior for Vice President Division VP/Director of Finance
Vice President Division VP/Director Saks
d Division VP of Construction
[ '
Operations
Area VP/Division VP/Director Land
Acquisition/Development
CC&Ps
VIII, Restrictive covenants, conditions, restrictions, easements and other similar rights or
restrictions,commonly known as CC&Rs,affecting real property or improvements on real
property,and documents relating to CC&Rs,such as the organizations]documents for the
related homeowners' or property owners'association.
General Signing Power Division Specific Signing
Power
Chairman of the Board Area President
Chief Executive Officer Area VP Finance
President Area VP Land
Executive Vice President Division President
Senior Vice President Division VP/Director Finance
Vice President Division VP/Director Land
Acquisition/Development
RESOLVED FURTHER, that all lawful acts specifically described in the immediately preceding
resolution, undertaken prior to the adoption of these resolutions, in the Company's own capacity or as
managing partner or managing member of the Partnership, are hereby ratified,confirmed and adopted by
the Company.
Page 6 of 7
Exhibit"B"—Signing Authority Page 10 of 11 PR-PL202200000965
PPL-PL20190002811
it All
EXHIBIT A
RESOLVED FURTHER, that any Signing Power Resolutions or Powers of Attorney and Grants
of Agency previously issued or adopted by the Company are hereby terminated,revoked and superseded in
their entirety by these resolutions.
Effective as of January 1,2017.
• • • • •
Page 7 of 7
Exhibit"B"—Signing Authority Page 11 of 11 PR-PL202200000965
PPL-PL20190002811
6 421
EXHIBIT "C"
Opinion of Probable Cost
i6A2
ENGINEERING
State of Florida Business Certificate No.EB-0007663
Sonoma Oaks Parcel 1
Engineer's Opinion of Probable Costs
SUMMARY
(G) GENERAL SUB-TOTAL $209,301.30
(E) EARTHWORK SUB-TOTAL $691,817.25
(S) SANITARY SEWER SUB-TOTAL $302,146.50
(W) POTABLE WATER SUB-TOTAL $221,647.00
(D) STORM DRAINAGE SUB-TOTAL $206,347.83
(P) PAVING AND GRADING SUB-TOTAL $298,139.05
(L) LANDSCAPING AND IRRIGATION SUB-TOTALIZI $318,620.61
TOTAL $2,248,019.54
BOND AMOUNT(110%of Construction) $2,472,821.49
Note:
1. This Engineer's Opinion of Probable Cost represents the estimated cost for constructing the above listed infrastructure for Sonoma
Oaks(RWA,Inc.File No.180015.00.02 dated September 2021).
Digitally signed by Michael
2. Landscaping Cost provided by Outside Productions,Inc. C.Pappas,P.E.#60910 State
tt?,I5 of Florida
........
. F9 `' DN:c=US,st=Florida,
�� ; F'•.;9 l=Naples,o=RWA Inc.,
No 609 v_ ou=This item has been
* — digitally signed and sealed.,
c STATE pF * cn=Michael C.Pappas• ,P.E.
#60910 State of Florida,
�``S, F.. aam il pappas@consult-
t
Date:2 0 2 2.02.01 13:46:00
-05'00'
Michael C.Pappas,P.E.#60910
Printed copies of this document are not
considered signed and sealed and the signature
must be verified on any electronic copies.
RWA,Inc.
6610 Willow Park Drive,Ste 200
Naples,Florida 34109
4983 Royal Gulf Circle
Fort Myers,Florida 33966
Phone:(239)597-0575 1/25/2022
Fax:(239)597-0578 2:10 PM
ENGINEERING
State of Florida Business Certificate No.EB-0007663
Preliminary Engineer's Opinion of Probable Costs
Project:Sonoma Oaks Parcel 1
Date:August 31,2021
Estimated By:David Poteete
Checked By:Stephen C.Fehlhaber
GENERAL
DESCRIPTION UNIT QUANTITY UNIT TOTAL
COST
G-1 Mobilization LS 1 $12,500.00 $12,500.00
G-2 Clearing/Grubbing&Topsoil AC 14 $1,500.00 $21,000.00
G-3 Construct and Maintain Staked Single Row Silt Fence LF 4,068 $1.60 $6,508.80
G-4 6 Ft.Privacy Wall LF 1,766 $80.00 $141,280.00
G-5 Geotechnical Testing LS 1 $15,000.00 $15,000.00
G-6 Construction Entrance LS 1 $8,500.00 $8,500.00
G-7 Inlet protection EA 25 $180.50 $4,512.50
General Sub-Total $209,301.30
K:\2018\180015.00.02 Sonoma Oaks Parcel 1\05 Design,Const Plans&Tech Specs\Calculations\Quantities\2021-09-23 OPC.%Isx 1/25/2022
General 2:10 PM
*a i
fiWk
ENGINEERING
State of Florida Business Certificate No.EB-0007663
Preliminary Engineer's Opinion of Probable Costs
'Project:Sonoma Oaks Parcel 1
Date:August 31,2021
Estimated By:David Poteete
Checked By:Stephen C.Fehihaber
EARTHWORK
DESCRIPTION UNIT QUANTITY UNIT TOTAL
COST
E-1 Lake Excavation(Topsoil&Sand,can be used in berm areas) CY 13,559 $2.60 $35,253.40
E-2 Lake Excavation(Rock) CY 1,800 $13.00 $23,400.00
E-3 Rock Crushing CY 1,800 $4.00 $7,200.00
E-4 Load&Haul Lake Excavation to Lots(Includes rock bury) CY 2,000 $1.20 $2,400.00
E-5 Import Fill CY 36,620 $15.00 $549,300.00
E-6 Place,Compact&Fine Grade SY 34,500 $1.00 $34,500.00
E-7 ROW Grading LS 1 $8,000.00 $8,000.00
E-8 Lake Bank Sod SY 2,650 $4.50 $11,925.00
E-10 Flood Plain Excavation CY 4,427 $2.55 $11,288.85
E-11 Swale/Ditch Grading LF 1,800 $4.75 $8,550.00
Earthwork Sub-Total $691,817.25
1. Assumes Ribbon Fill with 10"hold down on building pads.
2. Clearing and Grubbing loss 3".
3. No compaction factor was taken into account.
4. No soil borings were provided at the the time of estimate
K:\2018\180015.00.02 Sonoma Oaks Parcel 1\05 Design,Const Plans&Tech Specs\Calculations\quantities\2021-09-23 OPC.xlsx 1/25/2022
Earthwork 2:10 PM
I 6 A 2 1
ilYwalmk,i
ENGINEERING
State of Florida Business Certificate No.EB-0007663
Preliminary Engineer's Opinion of Probable Costs
Project:Sonoma Oaks Parcel 1
Date:August 31,2021
Estimated By:David Poteete
Checked By:Stephen C.Fehlhaber
SANITARY SEWER
DESCRIPTION UNIT QUANTITY UNIT TOTAL
COST
S-1 8"PVC Sanitary Sewer Main(0'-6'Cut) LF 720 $33.00 $23,760.00
S-2 8"PVC Sanitary Sewer Main(6'-8'Cut) LF 862 $40.00 $34,480.00
S-3 8"PVC Sanitary Sewer Main(8'-10'Cut) LF 689 $53.00 $36,517.00
S-4 8"PVC Sanitary Sewer Main(10'+Cut) LF 147 $75.00 $11,025.00
S-5 4'Diameter Manhole(0'-6'Depth) EA 3 $5,500.00 $16,500.00
S-6 4'Diameter Manhole(6'-8'Depth) EA 5 $6,900.00 $34,500.00
S-7 4'Diameter Manhole(8'-10'Depth) EA 3 $7,900.00 $23,700.00
S-8 4'Diameter Manhole(10'+Depth) EA 2 $9,300.00 $18,600.00
S-9 Double Sewer Lateral EA 25 $1,100.00 $27,500.00
S-10 Single Sewer Lateral EA 65 $875.00 $56,875.00
S-11 Connect to Sanitary Manhole(Includes Core) EA 1 $5,000.00 $5,000.00
S-12 Television Inspection LF 2,418 $2.75 $6,649.50
S-13 Rock Excavation LF 176 $40.00 $7,040.00
Sanitary Sewer Sub-Total $302,146.50
K:\2018\180015.00.02 Sonoma Oaks Parcel 1\05 Design,Const Plans&Tech Specs\Calculations\Quantities\2021-09-23 OPC.xlsx 1/25/2022
Sanitary Sewer 2:10 PM
16A21
ENGINEERING
State of Florida Business Certificate No.EB-0007663
Preliminary Engineer's Opinion of Probable Costs
Project:Sonoma Oaks Parcel 1
Date:August 31,2021
Estimated By:David Poteete
Checked By:Stephen C.Fehlhaber
POTABLE WATER
DESCRIPTION UNIT QUANTITY UNIT TOTAL
COST
W-1 6"PVC Water Main(C-900,DR 18,PC150) LF 2,133 $24.00 $51,192.00
W-2 6"PVC Water Main(C-900, DR 14,PC150) LF 90 $30.00 $2,700.00
W-3 8"PVC Water Main(C-900,DR 18,PC150) LF 134 $30.00 $4,020.00
W-4 8"PVC Water Main(C-900,DR 14,PC150) LF 35 $35.00 $1,225.00
W-5 6"Gate Valve w/Box EA 6 $1,600.00 $9,600.00
W-6 Fire Hydrant Assembly w/Valve EA 8 $4,900.00 $39,200.00
W-7 Connect to Existing 8"Valve EA 1 $3,500.00 $3,500.00
W-8 Single Water Service EA 101 $810.00 $81,810.00
W-9 Double Water Service EA 7 $900.00 $6,300.00
W-10 Temporary Gap Configuration EA 1 $4,500.00 $4,500.00
W-11 PSP EA 1 $2,200.00 $2,200.00
W-12 AFD EA 2 $5,500.00 $11,000.00
W-13 TSP EA 1 $1,900.00 $1,900.00
W-14 Testing LS 1 $2,500.00 $2,500.00
Potable Water Sub-Total $221,647.00
K:\2018\180015.00.02 Sonoma Oaks Parcel 1\05 Design,Const Plans&Tech Specs\Calculations\Quantities\2021-09-23 OPC.xlsx 1/25/2022
Potable Water 2:10 PM
I6A.21
YWk
ENGINEERING
State of Florida Business Certificate No.EB-0007663
Preliminary Engineer's Opinion of Probable Costs
Project:Sonoma Oaks Parcel 1
Date:August 31,2021
Estimated By:David Poteete
Checked By:Stephen C.Fehlhaber
STORM DRAINAGE
DESCRIPTION UNIT QUANTITY UNIT TOTAL
COST
D-1 10"Yard Drain Pipe LF 51 $20.33 $1,036.83
D-2 15"RCP LF 151 $38.00 $5,738.00
D-3 12"X 18"ERCP LF 20 $50.00 $1,000.00
D-4 18"RCP LF 692 $46.00 $31,832.00
D-5 24"RCP LF 377 $68.00 $25,636.00
D-6 19"X 30"ERCP LF 205 $80.00 $16,400.00
D-7 30"RCP LF 163 $85.00 $13,855.00
D-8 3'x 4'Valley Gutter Inlet EA 10 $3,375.00 $33,750.00
D-9 Type'C'Inlet EA 1 $3,000.00 $3,000.00
D-10 Type'D'Inlet EA 14 $4,000.00 $56,000.00
D-11 Yard Drain EA 1 $600.00 $600.00
D-12 Control Structure EA 1 $4,500.00 $4,500.00
D-13 Junction Box/Inlet EA 2 $3,500.00 $7,000.00
D-14 24"FES EA 1 $2,000.00 $2,000.00
D-15 18"MES EA 1 $1,500.00 $1,500.00
D-16 30"FES EA 1 $2,500.00 $2,500.00
Storm Drainage Sub-Total $206,347.83
K:\2018\180015.00.02 Sonoma Oaks Parcel 1\05 Design,Const Plans&Tech Specs\Calculations\Quantities\2021-09-23 OPC.xlsx 1/25/2022
Storm Drainage 2:10 PM
16 A21
ENGINEERING
State of Florida Business Certificate No.EB-0007663
Preliminary Engineer's Opinion of Probable Costs
Project:Sonoma Oaks Parcel 1
Date:August 31,2021
Estimated By:David Poteete
Checked By:Stephen C.Fehlhaber
PAVING AND GRADING
DESCRIPTION UNIT QUANTITY UNIT TOTAL
COST
P-1 12"Stabilized Subgrade(LBR 40) SY 7,658 $2.50 $19,145.00
P-2 6"Limerock Base(LBR 100) SY 5,976 $7.00 $41,832.00
P-3 3/4"Type S-III ACSC(1st Lift) SY 5,549 $5.30 $29,409.70
P-4 3/4"Type S-III ACSC(Final Lift) SY 5,549 $6.25 $34,681.25
P-5 Paver Brick SY 418 $48.00 $20,064.00
P-6 Concrete Valley Gutter LF 4,486 $11.50 $51,589.00
P-7 3'Driveway Valley Gutter LF 125 $20.00 $2,500.00
P-8 Type'A'Curb LF 206 $15.00 $3,090.00
P-9 Type'F'Curb LF 295 $15.00 $4,425.00
P-10 Ribbon Curb LF 93 $17.30 $1,608.90
P-11 Wheel Stops EA 10 $34.35 $343.50
P-12 Common 5'Sidewalk LF 1,540 $17.67 $27,211.80
P-13 ADA Curb Ramps with Mats EA 12 $290.00 $3,480.00
P-14 Sod(2'Strip between curb and sidewalk) SY 1,108 $2.90 $3,213.20
P-15 Signing and Striping LS 1 $5,000.00 $5,000.00
P-16 Street Lights EA 20 $2,500.00 $50,000.00
P-17 Curb Removal at Entrance LF 102 $5.35 $545.70
Paving and Grading Sub-Total $298,139.05
K:\2018\180015.00.02 Sonoma Oaks Parcel 1\05 Design,Const Plans&Tech Specs\Calculations\Quantities\2021-09-23 OPC.xlsx 1/25/2022
Paving&Grading 2:10 PM
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP ` 6 A 2 1
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 arc to be forwarded to the Comity :Uloruey Office
at the time the item is placed on the agenda. All completed routing slips and original docurn ents must be received in the('on my Attorney (mice no later
Ihnn Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
.
2.
3. County Attorney Office County Attorney Office
4. BCC Office Board of County
Commissioners
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 01/25/2022 Agenda Item Number 16.A.21
Approved by the BCC
Type of Document Plat Number of Original
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 01/25/2022 and all changes made •v
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes, if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the ,ans1
BCC,all changes directed by the BCC have been made, and the document is ready for the
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
S6Afl
Please return the originals to:
Falk Law Firm, P.A.
in the FedEx envelope provided
for any questions, please call
Patricia Gallagher at 239-596-8400
Thank you!
16A21
DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS
FOR
SONOMA OAKS
Instrument prepared by and after recording return to:
Steven M. Falk Esq.
Falk Law Firm,P.A.
7400 Tamiami Trail North, Suite 103
Naples,Florida 34108
(239) 596-8400
4834-5090-0468, v. 1
I6A21
TABLE OF CONTENTS
DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS
FOR
SONOMA OAKS
PAGE NO.
1. DEFINITIONS 2
1.1 Architectural Reviewer 2
1.2 Assessment 2
1.3 Association 2
1.4 Board of Directors 2
1.5 Builder 2
1.6 Common Area 2
1.7 Common Expenses 2
1.8 Community 2
1.9 Conservation Area 2
1.10 Developer 2
1.11 Declaration 3
1.12 Family or Single Family 3
1.13 Governing Documents 3
1.14 Guest 3
1.15 Institutional Mortgagee 3
1.16 Lease 3
1.17 Member 3
1.18 Owner 3
1.19 Parcel 3
1.20 Preservation Area 3
1.21 Primary Occupants 4
1.22 Rules and Regulations 4
1.23 Single Family Residence 4
1.24 Surface Water Management System 4
1.25 Tenant 4
1.26 Turnover Date 4
1.27 Unit 4
1.28 Wetland 4
2. PULTE; SONOMA OAKS AND LOGO(S);ENCOMPASS HEALTH REHABILITATION
HOSPITAL AGREEMENTS; SURROUNDING AREAS;AND WILDLIFE 4
2.1 Pulte, Sonoma Oaks and Logo(s) 4
4834-5090-0468, v. 1
I 6 A 2
2.2 Encompass Health Rehabilitation Hospital Agreements 5
2.3 Signage Easement 5
2.4 Surrounding Areas 5
2.5 Wildlife 5
3. ASSOCIATION: MEMBERSHIP: VOTING RIGHTS 5
3.1 Articles of Incorporation 5
3.2 Bylaws 5
3.3 Delegation of Management 6
3.4 Membership 6
3.5 Voting Interests 6
3.6 Approval or Disapproval of Matters 7
3.7 Change of Membership 7
3.8 Termination of Membership 7
3.9 Association As Owner of Parcels 7
3.10 Membership Roster 7
3.11 Limitation on Liability 7
3.12 Board of Directors 7
3.13 Powers and Duties 7
4. COVENANT FOR ANNUAL AND SPECIAL ASSESSMENTS AND CHARGES 7
4.1 Creation of Lien and Personal Obligation for Assessments and Charges 7
4.2 Share of Assessments 8
4.3 Developer Subsidy 8
4.4 Establishment of Liens 9
4.5 Priority of Liens 10
4.6 Collection of Assessments and Charges 10
4.7 Estoppel Certificate 11
4.8 Initial Contributions 11
4.9 Resale Assessments 11
4.10 One-Time Payment 12
4.11 Enforcement Against Tenants 12
5. ARCHI I'bCTURAL AND AESTHETIC CONTROL 13
5.1 Necessity of Architectural Review and Approval 13
5.2 Architectural Review 13
5.3 Powers and Duties of Architectural Reviewer 13
5.4 Architectural Control by Developer 15
5.5 Garages 15
5.6 Encroachments Into Lake Maintenance Easements Prohibited 15
5.7 Developer and Builder Construction 15
5.8 Prohibition on Grading Modifications and Impairment of Drainage 15
5.9 Other Approvals Required 15
5.10 No Waiver of Future Approvals 16
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6. PROPERTY RIGHTS:EASEMENTS 16
6.1 Use of Common Area 16
6.2 Easements 17
6.3 Partition: Separation of Interest 18
6.4 Construction;Maintenance 18
6.5 Additional Easements 18
6.6 Polling Place Requirement 18
7. MAINTENANCE OF COMMON AREA, PARCELS AND UNITS 18
7.1 Association Maintenance 18
7.2 Owner Maintenance 19
7.3 Alterations and Additions to Common Area 21
7.4 Enforcement of Maintenance 22
7.5 Negligence: Damage Caused by Condition in Unit 22
7.6 Developer's Lien 22
7.7 Surface Water Management System 22
8. INSURANCE 26
9. USE RESTRICTIONS 26
9.1 Residential Purposes 26
9.2 Signs 27
9.3 Nuisance 27
9.4 Underground Utility Lines and Services 27
9.5 Common Area 27
9.6 Pets and Animals 27
9.7 Trucks,Commercial Vehicles,Recreation Vehicles,Mobile Homes, Boats,Campers
and Trailers 27
9.8 Exterior Colors 28
9.9 Landscaping 28
9.10 Driveways and Parking Areas 28
9.11 Antennas and Flagpoles 28
9.12 Outdoor Equipment 29
9.13 Air Conditioning and Heating Equipment 29
9.14 Solar Collectors 29
9.15 Walls,Fences, Window Coverings,Play Equipment and Hurricane Shutters 29
9.16 Lighting 30
9.17 Developer 30
9.18 Clothes Drying Area/Clotheslines 30
9.19 Pools 30
9.20 Subdivision of Parcels 30
9.21 Hurricane Season 30
9.22 Drones and Other Aerial Devices 30
9.23 Oil,Gas and Mineral Rights 30
9.24 Developer Exemption 30
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9.25 Additional Restrictions; Exhibits 31
10. DEVELOPER'S AND ASSOCIATION'S EXCULPATION 31
11. ENFORCEMENT OF COVENANTS AND ABATEMENT OF VIOLATIONS 31
11.1 Legal Action 31
11.2 Entry by Association and/or the Developer 31
11.3 Fines 32
11.4 Alternative Method for Resolving Disputes with the Developer and Developer
Appointees 32
12. LEASING,CONVEYANCE, DISPOSITION 33
12.1 Forms of Ownership 33
12.2 Transfers and Leases 34
12.3 Procedures 34
12.4 Leasing 36
12.5 Exceptions With Respect to the Developer and Institutional Mortgagees 36
12.6 Unapproved Leases 36
13. DEVELOPER'S AND BUILDER'S RIGHTS AND DU nES 36
13.1 Developer's and Builders' Use 36
13.2 Assignment of Development Rights 37
14. DURATION OF COVENANTS: AMENDMENT OF DECLARATION 37
14.1 Duration of Covenants 37
14.2 Proposal 37
14.3 Vote Required 37
14.4 Certificate;Recording 38
14.5 Limitation on Amendments to Governing Documents 38
14.6 Developer Amendment of Documents 38
15. TURNOVER 39
16. GENERAL PROVISIONS 39
16.1 Waiver 39
16.2 Severability 39
16.3 Headings 39
16.4 Notices 39
16.5 Interpretation 39
4834-5090-0468,v. 1 iv
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DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS
FOR
SONOMA OAKS
PULTE HOME COMPANY, LLC, a Michigan limited liability company, successor by
conversion of Pulte Home Corporation,a Michigan corporation,the present fee title owner of the property
legally described in Exhibit "A" hereto, hereinafter called "Developer", to its grantees, successors and
assigns and all future owners of Parcels, hereby makes the following Declaration of Covenants,
Conditions and Restrictions.
It is the intent of the Developer to ultimately develop the real property, as described in Exhibit
"A", as a planned unit development named"Sonoma Oaks" consisting of up to 114 residential dwellings.
Upon recording this Declaration, the Developer hereby submits the real property described in Exhibit"A"
to the terms and conditions of this Declaration.
The Developer reserves the right to amend this Declaration in order to remove real property that it
owns from the terms of this Declaration. In the event the Developer removes real property from the terms
of this Declaration ("Removed Property"), the Developer hereby reserves the right, on behalf of its
successors and assigns, to grant the owners of residential dwellings in the real property that has been
submitted to and/or removed from the terms of this Declaration, use and easement rights to all or portions
of the Removed Property and/or the Common Area, all upon such terms as the Developer may impose in
an agreement recorded in the Public Records of Collier County, Florida.
For the purpose of enhancing and protecting the value, attractiveness and desirability of the
residential dwellings constituting such development, the Developer hereby declares that all of the real
property described and each part thereof shall be developed as a planned unit development and shall be held,
sold and conveyed only subject to the following easements, covenants, conditions and restrictions which
shall constitute covenants running with the land and shall be binding on all parties having any right, title or
interest in the above described property, or any part thereof, their heirs, successors and assigns and shall
inure to the benefit of each Owner thereof and the Association.
Although Sonoma Oaks is anticipated to have up to 114 residential dwellings, the Developer
makes no representation or warranty regarding the timing of or guarantees the construction of residential
dwellings or the number or types of residential dwellings which will ultimately be constructed. From time
to time,the Developer and others may present to the public certain renderings, plans and models showing
possible future development of Sonoma Oaks. The Developer does not represent or warrant in any way
that future improvements in Sonoma Oaks will be actually developed or developed in accordance with
such renderings, plans and models. The Developer reserves the right to seek approval from applicable
zoning and regulatory authorities to increase the number of residential dwellings that may be constructed
in Sonoma Oaks and therefore the number of Parcels that may be subjected to this Declaration.
Accordingly,the Developer reserves the right to subject additional real property to this Declaration that is
not legally described in Exhibit "A". If the Developer adds and subjects real property that is not
described in Exhibit "A" or obtains approval from zoning and regulatory authorities to increase the
maximum number of Parcels that may be conveyed,the Turnover Date set forth in Section 15 below shall
be extended.
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1. DEFINITIONS. The terms used in this Declaration and its recorded exhibits shall have the definitions
set forth in Chapter 720, Florida Statutes (2021) (the "Act"), unless otherwise defined below (it being the
intent hereof that future amendments to the Act not be retroactively applied to impair substantive rights of
the Developer set forth herein):
1.1 "Architectural Reviewer" means and refers to the entity responsible for review and approval of
construction and alterations to improvements, as more particularly described in Section 5 herein.
1.2 "Assessment" shall have the meaning set forth in the Act.
1.3 "Association" shall mean and refer to Sonoma Oaks Homeowners Association, Inc., a Florida
corporation not for profit.
1.4 "Board of Directors"means and refers to the Board of Directors of the Association.
1.5 "Builder" means and refers to a builder, contractor or other person who purchases one (1) or
more Parcels from the Developer or a Builder to construct improvements thereon for resale. There may
be more than one(1) Builder in the Community.
1.6 "Common Area" means and refers to all real property which is now or hereafter owned or
leased by the Association or dedicated for use or maintenance by the Association or its Members, including,
regardless of whether title has been conveyed to the Association: real property the use of which is dedicated
to the Association or its Members by a recorded plat; or real property committed by this Declaration to be
leased or conveyed to the Association.
1.7 "Common Expenses" means and refers to all expenses properly incurred by the Association in
the performance of its duties.
1.8 "Community" means and refers to all real property which is subject to this Declaration and
includes both Common Area and Parcels. The Community is also referred to herein as"Sonoma Oaks."
1.9 "Conservation Area" means and refers to that portion of the Common Area, if any,other than
a Preservation Area, which may include native habitats set aside to fulfill open space requirements. It is
not contemplated that the Common Area will include any Conservation Area.
1.10 "Developer" means and refers to Pulte Home Company, LLC, a Michigan limited liability
company. Any or all of the Developer's rights and obligations may be assigned, in whole or in part,
from time to time, to other parties. Whenever such term is used in the Governing Documents, it shall
always be deemed to include any successor in interest to the Developer's development rights and
obligations, provided that such is evidenced by a written instrument and recorded in the Public Records of
Collier County,Florida. The Developer may allow other parties to exercise, on a one-time or limited
basis, any Developer rights without transferring or relinquishing all of such rights, and in such
case, a recorded instrument shall not be required. Unless otherwise provided in a written
assignment, the assignment of all of the Developer's rights and obligations shall not result in the
Developer relinquishing its rights with respect to real property that it owns, nor being relieved of
its obligations that accrued as of such date. The Developer shall not be liable for acts or omissions
made by or on behalf of a successor Developer.
4834-5090-0468,v. 1 2
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1.11 "Declaration" means and refers to this Declaration of Covenants, Conditions and Restrictions,
and any amendments hereto.
1.12 "Family" or "Single Family" shall refer to one (1) natural person (as opposed to an artificial
entity); or a group of two(2) or more natural persons living together each of whom is related to each of the
others by blood, marriage, legal custody or adoption; or not more than two (2) persons not so related, who
reside together as a single housekeeping unit,along with their children, if any.
1.13 "Governing Documents" means and refers to this Declaration, the Articles of Incorporation,
Bylaws,Rules and Regulations,Architectural Review Guidelines and the Resolutions of the Association, all
as amended from time to time. In the event of a conflict in the interpretation of the Governing Documents,
they shall be applied in the order of priority stated above.
1.14 "Guest" means any person physically present in, or occupying a Unit on a temporary basis at
the invitation of the Owner or other legally permitted occupant, without the payment of consideration, or
using the Common Area at the invitation of an Owner or other legally permitted occupant.
1.15 "Institutional Mortgagee" means the mortgagee or assignee of a first mortgage against a Parcel,
which mortgagee or assignee is a bank, savings and loan association, mortgage company, real estate or
mortgage investment trust,pension or profit sharing trust,the Federal Housing Administration, the Veterans
Administration, or any agency of the United States of America. The term also refers to any holder of a
mortgage against a Parcel or Unit which mortgage is guaranteed or insured (as evidenced by a recorded
instrument) by the Federal Housing Administration, the Veterans Administration, any agency of the United
States of America or by any other public or private agency engaged in the business of purchasing,
guaranteeing or insuring residential mortgage loans, and their successors and assigns. An "Institutional
Mortgage" is a mortgage held by an Institutional Mortgagee encumbering a Unit.
1.16 "Lease" means the grant by an Owner of a temporary right to occupy the Owner's Unit for
valuable consideration, including a grant of a license via Airbnb, house swap, barter, business "perk" or
similar arrangement that involves consideration other than rent.
1.17 "Member" means and refers to all persons who are members of the Association as provided in
the Governing Documents.
1.18 "Owner" means and refers to any person or persons, entity or entities,who is or are the record
owner(s)of the fee simple title to any Parcel in the Community.
1.19 "Parcel"means any platted or unplatted lot,tract or other discrete area of real property within
the Community which is capable of separate conveyance and has been subjected to this Declaration, but
shall exclude: Common Area; all property dedicated or deeded to Collier County, Florida, the South
Florida Water Management District("SFWMD"), or any other governmental authority,taxing district or a
public or private utility, including, without limitation, roads, environmental buffers, landscape buffers,
preservation and Conservation Areas and lakes. Wherever herein the term "Parcel" is used in this
Declaration, it shall be interpreted as if followed by the words"and Unit constructed thereon"except where
the context clearly requires otherwise.
1.20 "Preservation Area" means that portion of the Common Area, if any,which is intended to be
preserved and maintained by the Association in its existing (or restored) natural and native condition in
perpetuity. It is not contemplated that the Common Area will include any Conservation Area.
4834-5090-0468,v. 1 3
16 * 21
1.21 "Primary Occupants" means the two(2)natural persons approved for occupancy, together with
their Family,in accordance with Section 12 herein.
1.22 "Rules and Regulations" means and refers to the rules and regulations adopted, amended and
rescinded from time to time by the Board of Directors.
1.23 "Single Family Residence" means and refers to a Unit which is restricted to occupancy only by
the Owner or Primary Occupants and their Family, Guests and Tenants as further provided herein.
1.24 "Surface Water Management System" means and refers to a drainage system consisting of
swales, inlets, culverts, retention ponds, ditches, water control features, floodplain compensation areas,
wetlands and any associated buffer areas and wetland mitigation areas, detention ponds, lakes, outfalls,
storm drains and other similar and/or related improvements, and all connecting pipes and easements, to
the extent that any such facilities, areas or conditions apply to the Community, which is designed and
constructed or implemented to control discharges necessitated by rainfall events, incorporating methods
to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding,
overdrainage, environmental degradation, and water pollution or otherwise affect quantity and quality of
discharges from the system, as permitted pursuant to the permit issued by the SFWMD.
1.25 "Tenant" means and refers to one who leases or rents from an Owner and holds temporary
possession of a Unit.
1.26 "Turnover Date shall mean the date upon which control of a majority of the seats on the
Board of Directors is transferred to the Members other than the Developer as described in Section 15
herein. "Turnover" shall mean and refer to the process by which the Developer transfers control of the
Board of Directors to the Members other than the Developer and transfers physical possession or control
of those records set forth in Section 720.307 of the Act. "Turnover Meeting" shall mean the meeting of
the Members on the Turnover Date at which the Turnover is completed. The term "Members other than
the Developer" does not include Builders.
1.27 "Unit" means and refers to any or all the residences which will be constructed on the Parcels,
each intended for use and occupancy as a Single Family Residence.
1.28 "Wetland" means and refers that portion of the Common Area, if any, identified or
designated as habitat for wetland species of plants and/or animals by the SFWMD or by Collier County,
Florida, or by the United States Army Corps of Engineers, or by any other agency of the State of Florida
or the United States government, whether or not such area is included within the Surface Water
Management System or is an isolated area that is not connected to the Surface Water Management
System. It is not contemplated that the Common Area will include any Wetlands.
2. PULTE; SONOMA OAKS AND LOGO(S); ENCOMPASS HEALTH REHABILITATION
HOSPITAL AGREEMENTS; SURROUNDING AREAS; AND WILDLIFE.
2.1 "Pulte", "Sonoma Oaks" and Logo(s). No person shall use the terms "Pulte", "Sonoma
Oaks", any derivative thereof or any "Pulte" or "Sonoma Oaks" logos in any printed or promotional
material without the prior written consent of the Developer. However, Members, realtors and other
persons may use the term "Sonoma Oaks" in printed or promotional matter where such term is used solely
4834-5090-0468,v. 1 4
16RI
to specify that a particular Parcel is located within Sonoma Oaks. The Association shall be entitled to use
the term "Sonoma Oaks" in its name.
2.2 Encompass Health Rehabilitation Hospital Agreements. The Community is subject to the
Declaration of Restrictive Covenants (We Have Arrived) recorded in O.R. Book 5856, Page 1969; the
Access Easement and Cost Sharing Agreement recorded in O.R. Book 5856, Page 1979; and the Lift
Station Easement recorded in O.R. Book 5856, Page 2004, all of the Public Records of Collier County,
Florida, all as amended and supplemented from time to time. All expenses related to the instruments
referenced in this Section 2.2 that the Association is obligated to pay shall be a Common Expense.
2.3 Signage Easement. The Community is subject to the Signage Easement recorded in O.R
Book 5997, Page 2174, Public Records of Collier County, Florida, as amended from time to time. The
Developer reserves the right to construct, install and place a"Monument Sign" (as defined in the Signage
Easement) in the "Easement Area" (as defined in the Signage Easement) and to use the same for signs,
including those for sales and marketing purposes. All expenses related to the instruments referenced in
this Section 2.3 that the Association is obligated to pay shall be a Common Expense.
2.4 Surrounding Areas. THE DEVELOPER MAKES NO REPRESENTATIONS,
WHATSOEVER, WITH REGARD TO THE CURRENT OR FUTURE DEVELOPMENT OR USE OF
ANY OF THE SURROUNDING PROPERTIES OR WHAT MIGHT EVENTUALLY BE
CONSTRUCTED UPON ANY OF THE SURROUNDING PROPERTIES, IF ANYTHING. THE
CURRENT ZONING DESIGNATIONS OF ALL SURROUNDING PROPERTIES CAN BE
RESEARCHED AT THE PLANNING AND ZONING OFFICES. IF THE CURRENT AND/OR
POTENTIAL FUTURE DEVELOPMENT AND/OR USES OF THESE PROPERTIES ARE
IMPORTANT TO A BUYER'S DECISION TO PURCHASE A UNIT IN THE COMMUNITY, THE
BUYER SHOULD PERFORM AN INDEPENDENT INVESTIGATION. BUYERS ACKNOWLEDGE
AND AGREE THAT THE DEVELOPER SHALL HAVE NO OBLIGATION OR LIABILITY TO
BUYERS AS TO THE CURRENT OR FUTURE DEVELOPMENT OR USE OF ANY OF THE
SURROUNDING PROPERTIES.
2.5 Wildlife. BY ACCEPTANCE OF A DEED, ALL BUYERS/OWNERS ACKNOWLEDGE
THAT AREAS OF THE COMMUNITY OR PROPERTY IN THE PROXIMITY OF THE
COMMUNITY MAY CONTAIN WILDLIFE INCLUDING, BUT NOT LIMITED TO, INSECTS,
ALLIGATORS, COYOTES, BOBCATS, PANTHERS, OPOSSUMS, ARMADILLOS, RACCOONS,
SNAKES, DUCKS, DEER, SWINE, TURKEYS, BEARS, BIRDS OF PREY, RODENTS, FOXES,
ETC. THE DEVELOPER AND THE ASSOCIATION SHALL HAVE NO RESPONSIBILITY FOR
MONITORING OR CONTROLLING SUCH WILDLIFE OR NOTIFYING BUYERS/OWNERS OR
PERSONS OF THE PRESENCE OF SUCH WILDLIFE. EACH OWNER, TENANT, ALL OTHER
OCCUPANTS OF HOMES, GUESTS AND INVITEES ARE RESPONSIBLE FOR THEIR OWN
SAFETY AND TO BE AWARE OF THEIR SURROUNDINGS.
3. ASSOCIATION: MEMBERSHIP: VOTING RIGHTS. The administration, management and ownership
of the Common Area shall be by the Association,which shall perform its functions pursuant to the following:
3.1 Articles of Incorporation. A copy of the Articles of Incorporation is attached as Exhibit"B".
3.2 Bylaws. A copy of the Bylaws is attached as Exhibit"C".
4834-5090-0468, v. 1 5
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3.3 Delegation of Management. The Association may contract for the management and maintenance
of the Community and authorize a management agent to assist the Association in carrying out its powers and
duties by performing such functions as the submission of proposals,collection of Assessments,preparation of
records, enforcement of rules and maintenance, repair and replacement of the Common Area, with funds
made available by the Association for such purposes. The Association and its officers shall, however, retain
at all times the powers and duties provided in the Governing Documents.
3.4 Membership. Every person or entity who is an Owner shall be a Member,except that if a Parcel
is subject to an agreement for deed,the purchaser in possession shall be considered the Owner for purposes of
determining voting and use rights.
(A) Class "A". Class "A" Members shall be the Owners, with the exception of the Class `B"
Member. Class"A"Membership shall become effective upon the last to occur of the following:
(1) Recording a deed or other instrument evidencing legal title to the Parcel in the Public
Records of Collier County,Florida.
(2) Delivery to the Association of a copy of the recorded deed or other instrument evidencing
title.
(3) Delivery to the Association, if required,of a written designation of the Primary Occupants.
The failure to comply with the prerequisites set forth in (2)-(3) above shall not release the Owner from the
obligation to comply with the Governing Documents, but shall otherwise preclude such Owner from
obtaining the benefits of membership, including,without limitation, the right to receive notices and the right
to vote on Association matters.
(B) Class `B". The Class `B" Member shall be the Developer or any successor to the
Developer's development rights and obligations.
Membership shall be appurtenant to,run with, and shall not be separated from the real property interest upon
which Membership is based.
3.5 Voting Interests. In accordance with Section 720.301(13)of the Act,the term"Voting Interest"
means the voting rights distributed to the Members pursuant to the Governing Documents. The Class"A"
Members of the Association are entitled to one(1)vote for each Parcel they own. The total number of Class
"A"votes shall not exceed the total number of Parcels subject to this Declaration. The vote of a Parcel is not
divisible. If a Parcel is owned by one (1) natural person, his right to vote shall be established by the record
title. If a Parcel is owned jointly by two (2) or more natural persons who are not acting as trustees, that
Parcel's vote may be cast by any one(1)of the record Owners. If two(2)or more Owners of a Parcel do not
agree among themselves how their one (1) vote shall be cast,that vote shall not be counted for any purpose.
If the Owner is a corporation, partnership, limited liability company, trust, trustee or other entity other
than a natural person, the vote of that Parcel shall be cast by any officer, director, partner, manager,
managing member or trustee, as the case may be. The Class `B"Member shall be entitled to a number of
votes equal to the total number of Parcels owned by the Class "A" Members plus one (1) vote; provided
that subsequent to the Turnover Date,the Class`B"Member shall be entitled to one(1)vote for each Parcel
it owns.
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3.6 Approval or Disapproval of Matters. Whenever the decision or approval of the Owner of a
Parcel is required upon any matter, whether or not the subject of an Association meeting, such decision or
approval may be expressed by any person authorized to cast the vote of such Parcel at an Association
meeting,as stated in Section 3.5 above,unless the joinder of all Owners is specifically required.
3.7 Change of Membership. A change of membership shall be established as provided in Section
3.4 above;and the membership of the prior Owner shall thereby be automatically terminated.
3.8 Termination of Membership. The termination of membership in the Association does not relieve
or release any former Member from liability or obligation incurred under or in any way connected with the
Association during the period of his membership, nor does it impair any rights or remedies which the
Association may have against any former Owner or Member arising out of or in any way connected with
such ownership and membership and the covenants and obligations incident thereto.
3.9 Association As Owner of Parcels. The Association has the power to purchase Parcels and Units,
and to acquire and hold, lease,mortgage,and convey them,by act of a majority of the Board of Directors.
3.10 Membership Roster. The Association shall maintain a current roster of names and mailing
addresses of Owners and Primary Occupants. A copy of the up to date roster shall be available to any Owner
upon request,subject to the exclusion of information that is protected from disclosure pursuant to the Act.
3.11 Limitation on Liability. Notwithstanding the duty of the Association to maintain and repair the
Common Area, the Association shall not be liable to Owners for property damage other than the cost of
maintenance and repair, caused by any latent condition of the property to be maintained and repaired by the
Association,or caused by the elements or Owners or other persons.
3.12 Board of Directors. Except as otherwise provided by law or by the Governing Documents, the
Association shall act through its Board of Directors and its officers, and no vote of the Members shall be
required. The Officers and Directors of the Association have a fiduciary relationship to the Members. An
Owner does not have the authority to act for the Association by virtue of being an Owner.
3.13 Powers and Duties. The powers and duties of the Association include those set forth in the
Governing Documents.
4. COVENANT FOR ANNUAL AND SPECIAL ASSESSMENTS AND CHARGES.
4.1 Creation of Lien and Personal Obligation for Assessments and Charges. Subject to the
limitations on Assessment liability set forth elsewhere in this Declaration, the Developer for each Parcel
within the Community,hereby covenants,and each subsequent Owner of any Parcel(including any purchaser
at a judicial sale), by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is
deemed to covenant and agree to pay to the Association:
(A) the Parcel's pro rata share of annual Assessments based on the annual budget adopted by the
Association(other than Landscaping Assessments, as described below, which shall be shared on a pro rata
basis solely by the Owners of Parcels of the same size);
(B) the Parcel's pro rata share of special Assessments for Association expenditures not provided
for by annual Assessments (other than special Landscaping Assessments, which shall be shared on a pro
rata basis solely by the Owners of Parcels of the same size);
4834-5090-0468,v. 1 7
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(C) any charges against less than all of the Parcels specifically authorized in this Declaration or
the Bylaws;
(D) initial contributions, as authorized pursuant to Section 4.8 below and as determined by the
Developer.Initial contributions are not Assessments;
(E) resale assessments,as authorized pursuant to Section 4.9 below("Resale Assessments").
(F) Assessments for the costs of the Association maintaining, repairing and replacing lawns and
landscaping (including irrigation equipment), as set forth in Section 7.1 below ("Landscaping
Assessments"). If Parcels have different sizes, Landscaping Assessments shall vary by amount based upon
the respective size. Landscaping Assessments shall be considered Assessments, except that Landscaping
Assessments shall: vary by amount based upon the size of Parcels, if they are different sizes; and will be
shared solely by the Owners of Parcels of the same size.
Assessments and charges shall be established and collected as provided herein and in the Bylaws. The
Assessments and charges,together with interest,costs,and reasonable attorney's fees shall bind such property
in the hands of the Owner, his heirs, devisees, personal representatives, successors and assigns. In any
conveyance, voluntary or otherwise, the transferee shall be jointly and severally liable with the transferor for
all unpaid Assessments and charges coming due prior to the time of such conveyance, without prejudice to
the rights of the transferee to recover from the transferor the amounts paid by the transferee. Except as
provided elsewhere in this Declaration as to the Developer, Builders and first mortgagees (or their
successors or assignees as a subsequent holder of the first mortgage), no Owner may be excused from the
payment of Assessments unless all Owners are similarly excused.
4.2 Share of Assessments. Except as otherwise provided as to the Developer, Builders and first
mortgagees (or their successors or assignees as a subsequent holder of the first mortgage) or as otherwise
provided pursuant to this Declaration,each Parcel (and the Owner thereof)which has been submitted to the
terms of this Declaration and which contains a Unit for which a final certificate of occupancy has been
issued, shall be liable for its pro rata share of all Assessments. A Parcel which has been submitted to the
terms of this Declaration containing land or improvements for which a final certificate of occupancy has not
been issued, shall pay Assessments equal to five (5) percent (5%) of the Assessments which are payable by
Parcels containing a Unit for which a final certificate of occupancy has been issued. All Common Area, and
any property dedicated to and accepted by any governmental authority,taxing district, SFWMD or public or
private utility shall be exempt from payment of Assessments and charges.
4.3 Developer Subsidy. Notwithstanding anything to the contrary contained in this Declaration,
at any time prior to the Turnover Date the Developer may elect, for each fiscal year or portion thereof, to:
(a) pay Assessments on its Parcels that are subject to this Declaration as set forth in Section 4.2 hereof; or
(b) not pay Assessments on its Parcels that are subject to this Declaration and in lieu thereof, to pay the
difference between (i) the lesser of the budgeted or actual expenses incurred by the Association, BUT
NOT ANY CAPITAL IMPROVEMENT COSTS,CONTRIBUTIONS TO RESERVE ACCOUNTS
FOR CAPITAL EXPENDITURES AND DEFERRED MAINTENANCE, AS WELL AS ANY
OTHER RESERVES THAT THE ASSOCIATION OR THE DEVELOPER MAY BE REQUIRED
TO FUND PURSUANT TO ANY STATE, MUNICIPAL, COUNTY OR OTHER
GOVERNMENTAL STATUTE OR ORDINANCE, SPECIAL ASSESSMENTS, OPERATING
EXPENSES OR ANY OTHER ASSESSMENTS RELATED TO DEVELOPER'S PARCELS; and
(ii) the amount of revenues earned (either received or receivable) from all sources (including, without
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limitation, Assessments, Resale Assessments, initial contributions, interest, late charges, transfer fees,
fines, charges and other income sources and any surplus carried forward from the preceding year(s). The
option described in (b) above shall be referred to herein as the "Developer Subsidy". Any amounts paid
by the Developer that exceed the Developer Subsidy obligation are referred to herein as "surplus" and
shall be considered a loan from the Developer to the Association. Any surplus may either be paid to the
Developer after the conclusion of the fiscal year upon demand or carried forward to the next fiscal year.
Any surplus remaining at the Turnover Date shall be paid to the Developer upon demand.
The Developer's election to choose the Developer Subsidy option may be evidenced by a notation
in the Association's budget for the subsequent fiscal year or portion thereof, or otherwise. If the
Developer fails to make an election prior to the beginning of any fiscal year, it shall be deemed to have
elected the option chosen in the prior fiscal year unless it subsequently notifies the Association in writing
that it wishes to use the alternate option with respect to its Parcels. The Developer's obligations hereunder
may be satisfied in the form of a cash subsidy or by "in kind" contributions of services or materials or a
combination of a cash subsidy and "in kind" contributions. The Developer shall not be obligated to fund
the Developer Subsidy until needed by the Association to fund cash expenditures by the Association.
The Developer may(but is not obligated to)loan, advance or otherwise make payments,"in kind"
contributions of services or materials (or a combination thereof) to the Association to assist the
Association in meeting its financial obligations, in addition to the Developer's obligation to either pay
Assessments (to the extent required pursuant to Section 4.2 above) or fund the Developer Subsidy.
Notwithstanding anything to the contrary contained in this Declaration, if, prior to the Turnover Date, the
Developer loans, advances or otherwise makes payments, "in kind" contributions of services or materials
(or a combination thereof) in excess of its Assessment or Developer Subsidy obligations, any such excess
sums shall be repaid to the Developer upon demand.
After the Turnover Date, the Developer shall pay Assessments on its Parcels that are subject to
this Declaration, but the amount to be paid for a particular Parcel shall be determined by whether the
Parcel contains a Unit which has been issued a final certificate of occupancy as of when the particular
Assessment becomes due (i.e., as of the commencement of the fiscal year if the Assessment is billed
annually, or as of the commencement of the quarter if the Assessment is billed quarterly). As set forth in
Section 4.2 above, a Parcel which has been submitted to the terms of this Declaration containing land or
improvements for which a final certificate of occupancy has not been issued, shall pay Assessments equal
to five (5) percent (5%) of the Assessments which are payable by Parcels containing a Unit for which a
final certificate of occupancy has been issued.
4.4 Establishment of Liens. Any and all Assessments and charges levied by the Association or
collected on its behalf in accordance with the provisions of the Governing Documents, together with interest
at the highest rate allowed by law, late fees, and costs of collection (including, but not limited to reasonable
attorney's fees) are hereby declared to be a charge and continuing lien upon the Parcel against which such
Assessment(s) or charge(s) are made, and shall also be the personal obligation of the Owner of such Parcel.
This lien is superior to any homestead rights the Owner may acquire. No Owner may exempt himself from
personal liability for Assessments and charges, or release his Parcel from the liens and charges hereof, by
waiver of the use and enjoyment of the Common Area,or by abandonment of his Parcel. The continuing lien
may be perfected by the Association recording a Claim of Lien in the Public Records of Collier County,
Florida, setting forth the description of the Parcel, the name of the Owner, the name and address of the
Association and the amount and due date of each unpaid Assessment and charge as of the date the Claim of
Lien is recorded. The Claim of Lien may be executed by either an officer of the Association or its legal
counsel. The effectiveness of the Claim of Lien shall relate back to the date this Declaration was recorded in
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the Public Records of Collier County, Florida. However, with respect to first mortgages of record, the
Association's lien is effective from and after recording of a Claim of Lien in the Public Records of Collier
County, Florida. A Claim of Lien shall secure payment of all Assessments and charges due at the time of
recording (including interest, late fees, costs and attorney's fees as provided above), as well as all
Assessments, interest, late fees, costs and attorney's fees coming due subsequently, until the Claim of Lien is
satisfied or a final judgment of foreclosure obtained. Upon full payment of all sums secured by that Claim of
Lien,the party making payment is entitled to a Satisfaction of Lien.
4.5 Priority of Liens. The foregoing notwithstanding,the Association's lien for unpaid Assessments
and charges shall be subordinate and inferior to the lien of all municipal, county, state and federal taxes,
assessments and other levies which by law would be superior thereto. The Association's lien shall be
subordinate and inferior to: all taxes, and other levies which by law would be superior thereto; and the lien
of any recorded first mortgage, unless the Association's Claim of Lien was recorded prior to the first
mortgage, but shall be superior to, and take priority over any other mortgage or lien regardless of when
recorded. Any Lease of a Unit shall be subordinate and inferior to any Claim of Lien of the Association,
regardless of when the Lease was executed. A mortgagee in possession, a receiver, a purchaser at a
foreclosure sale,or a mortgagee that has acquired title by deed in lieu of foreclosure, and all persons claiming
by, through or under such purchaser or mortgagee shall hold title subject to the liability and lien of any
Assessment and charges coming due after foreclosure or conveyance in lieu of foreclosure. When a first
mortgagee or its successor or assignee as a subsequent holder of the first mortgage obtains title to a Parcel
as a result of a foreclosure of its first mortgage in which it sues the Owner and initially joins the
Association in the mortgage foreclosure action, or obtains title to a Parcel as a result of a deed in lieu of
foreclosure, such first mortgagee or its successor or assignee as a subsequent holder of the first mortgage
which acquires title shall be liable for unpaid Assessments and charges except as may be limited by the Act
as it now exists and as it may be amended from time to time, plus interest, late fees, collection costs and
attorneys' fees and costs incurred by the Association. Any Assessments and charges that such first
mortgagee or its successor or assignee as a subsequent holder of the first mortgage which acquires title to a
Parcel is not obligated to pay the Association pursuant to the Act shall be deemed to be Common Expenses
collectible from Owners of all of the Parcels in the Community, including such acquirer, its successors
and assigns. However, if the Association's Claim of Lien was recorded prior to the first mortgage,the first
mortgagee or its successor or assignee as a subsequent holder of the first mortgage which obtains title shall
be liable for all unpaid Assessments and charges plus interest, late fees, collection costs and attorneys'
fees.
4.6 Collection of Assessments and Charges. If any Owner fails to pay any Assessment or charge, or
installment thereof, within ten (10) days after the due date, the Association shall have any or all of the
following remedies,to the extent permitted by law, which remedies are cumulative and are not in lieu of, but
are in addition to,all other remedies available to the Association:
(A) To charge interest on such Assessment or charge, from the date it becomes due until paid at
the highest rate allowed by law, as well as to impose a late fee not to exceed the greater of Twenty-Five
Dollars ($25.00) or five percent (5%) of the amount of each Assessment installment that is paid past the
due date. The late fee shall not be considered a fine as provided for in Section 11.3, and the procedural
requirements for levying fines set forth therein shall not apply.
(B) To deny Association approval of any proposed Lease of the Owner's Unit.
(C) To file an action in equity to foreclose its lien.The lien may be foreclosed by an action in the
name of the Association in the manner set forth in the Act.
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(D) To bring an action at law for a money judgment against the Owner without waiving its right
to foreclose its lien.
(E) To suspend use rights to the Common Area and other facilities if the Owner is more than
ninety(90)days delinquent in paying any fee,fine or other monetary obligation due to the Association
Any payment received by the Association and accepted shall be applied first to any interest accrued, then
to any administrative late fee, then to any costs and reasonable attorney fees incurred in collection, and
then to the delinquent Assessment. This paragraph applies notwithstanding any restrictive endorsement,
designation, or instruction placed on or accompanying a payment. A late fee is not subject to the
provisions of Chapter 687, Florida Statutes and is not a fine. The foregoing is applicable notwithstanding
Section 673.3111, Florida Statutes, any purported accord and satisfaction, or any restrictive endorsement,
designation,or instruction placed on or accompanying a payment.
4.7 Estoppel Certificate. Within ten (10) business days after receiving a written or electronic
request for an estoppel certificate from an Owner or the Owner's designee, or a Parcel mortgagee or the
Parcel mortgagee's designee, the Association shall issue the estoppel certificate signed by a Director,
authorized agent or authorized representative of the Association, including any authorized agent,
authorized representative or employee of a management company authorized to complete the estoppel
certificate on behalf of the Board of Directors or the Association. The Association shall otherwise
comply with Section 720.30851 of the Act, as amended from time to time. The Association may charge a
reasonable fee for the preparation and delivery of an estoppel certificate.
4.8 Initial Contributions. Upon the initial conveyance of title to a Parcel from the Developer or a
Builder, a non-refundable contribution in an amount determined by the Developer shall be made by the
purchaser of such Parcel to the Association, to be used to pay Common Expenses. Notwithstanding
anything to the contrary contained in this Declaration, the Developer, Builders and their subsidiaries,
affiliates, successors and assigns, shall be exempt from payment of the contributions required by this
Section 4.8.
4.9 Resale Assessments. Unless otherwise prohibited by FNMA, VA, HUD, FHA, FHLMC, or
other similar governmental or quasi-governmental agency, a Resale Assessment shall be due and payable
to the Association by the transferee upon the conveyance of title to a Parcel by an Owner subsequent to
the initial conveyance of title to the Parcel from the Developer or a Builder. Prior to the Turnover Date,
the Developer shall determine the amount of the Resale Assessment. Subsequent to the Turnover Date,
the Board of Directors shall determine the amount of the Resale Assessment for a particular calendar
year. The Board of Directors may increase the Resale Assessment in subsequent calendar years, but the
amount shall not increase by more than ten percent (10%) over the previous calendar year. The Resale
Assessment will be collected at closing and, upon payment, may be used to pay Common Expenses.
Payment of the Resale Assessment shall be the legal obligation of the transferee of the Parcel. For the
purposes of this Section 4.9, the term "conveyance" shall mean the transfer of title to a Parcel by deed or
other authorized means of conveyance, with or without valuable consideration, and shall also refer to a
transfer of possession and beneficial ownership by means of an agreement for deed,transfer of an interest
in a land trust or similar conveyance of a beneficial interest. With the exception of the Developer or a
Builder, if the Owner is a corporation, limited liability company or other business entity, the term
"conveyance" shall include the sale, issuance or transfer of any voting capital stock or interest of the
Owner or of any corporate entity which directly or indirectly controls the Owner which shall result in a
change in the voting control of the Owner or the legal entity or persons who control the Owner. With the
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exception of the Developer or a Builder, if the Owner is a partnership, the sale, issuance or transfer of a
majority interest therein, or the transfer of a majority interest in or a change in the voting control of any
partnership which directly or indirectly controls the Owner, or the transfer of any portion of any general
partnership or managing partnership interest which shall result in a change of control over the Owner,
shall be deemed a "conveyance" within the meaning of this Section 4.9. Notwithstanding the foregoing,
the following conveyances shall be exempt from payment of the Resale Assessment: (a) to any person
who was a co-Owner immediately prior to such conveyance; (b) to the Owner's estate, surviving spouse
or other heirs, resulting from the death of the Owner; (c)to a trustee or the Owner's current spouse, solely
for bona fide estate planning or tax reasons; (d) to an Institutional Mortgagee or the Association pursuant
to a Final Judgment of Foreclosure or deed in lieu of foreclosure; and (e) to the Developer, a Builder or
their subsidiaries, affiliates, successors and assigns. Provided, however that upon a conveyance that
occurs following the exempt transfers described in (a) through (e) above, the Resale Assessment shall be
due and payable. Notwithstanding anything to the contrary contained in this Declaration, in no event
shall the Developer, a Builder or their subsidiaries, affiliates, successors and assigns be obligated to pay
the Resale Assessment.
4.10 One-Time Payment. The Developer reserves the right to collect from each purchaser, at the
time such purchaser acquires title to a Parcel from the Developer or a Builder, a one-time payment in an
amount set by the Developer from time to time, which payment may be used by the Developer for any
purpose in its sole discretion(the"One-Time Payment"). The One-Time Payment is not an Assessment or
a capital contribution and shall not be considered as an advance payment of Assessments, nor a reserve.
Notwithstanding anything to the contrary contained in this Declaration, the One-Time Payment shall be
paid at the time a Parcel is conveyed by the Developer or a Builder to a third party purchaser, it being the
intent hereof that the Developer and Builders, and their subsidiaries, affiliates, successors and assigns,
shall be exempt from payment of the One-Time Payment.
4.11 Enforcement Against Tenants. Subject to the procedures and limitations set forth in Section
720.3085(8) of the Act, if a Parcel is occupied by a Tenant and the Owner is delinquent in paying any
monetary obligation due to the Association, the Association may make a written demand that the Tenant
pay the subsequent rental payments and continue to make such payments until all monetary obligations of
the Owner related to the Parcel have been paid in full to the Association. The Tenant must pay the
monetary obligations to the Association until the Association releases the Tenant or the Tenant
discontinues tenancy in the Parcel. The Association may evict the Tenant if the Tenant fails to make a
required payment to the Association.
In the event that Section 720.3085(8) is removed from the Act, the remainder of this Section 4.11
shall be applicable to the Association's ability to collect rent from a Tenant. If an Owner has leased his
Parcel and the Owner becomes delinquent in paying any monetary obligation due to the Association, the
Association may make a written demand that the Tenant pay to the Association the subsequent rental
payments and continue to make such payments until all monetary obligations of the Owner related to the
Parcel have been paid in full to the Association. The Tenant must pay the monetary obligations to the
Association until the Association releases the Tenant or the Tenant discontinues tenancy in the Parcel. If
the Tenant paid rent to the Owner for a given rental period before receiving the demand from the
Association and provides written evidence to the Association of having paid the rent within fourteen (14)
days after receiving the demand,the Tenant shall begin making rental payments to the Association for the
following rental period and shall continue making rental payments to the Association to be credited
against the monetary obligations of the Owner until the Association releases the Tenant or the Tenant
discontinues tenancy in the Parcel. The liability of the Tenant may not exceed the amount due from the
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Tenant to the Owner. The Owner shall provide the Tenant a credit against rents due to the Owner in the
amount of moneys paid to the Association. The Association may evict the Tenant if the Tenant fails to
make a required payment to the Association. However,the Association shall not be considered a landlord
under Chapter 83, Florida Statutes. The Tenant shall not, by virtue of payment of monetary obligations to
the Association, have any of the rights of an Owner. The Board shall have the authority as a condition of
approving a Lease to require that the Tenant and the Owner enter into a Lease addendum that provides that
all Lease payments shall be paid to the Association during such time as the Owner is delinquent in paying
any monetary obligation owed to the Association. Alternatively, the Association may require that such
language be included in the Lease.
5. ARCHI 1 ECTURAL AND AESTHETIC CONTROL
5.1 Necessity of Architectural Review and Approval. Except for the Developer and Builders, no
Owner shall make or permit the making of any alterations or additions to his Parcel(including landscaping),
or in any manner change the exterior appearance of any portion of the Unit,without first obtaining the written
approval of the Architectural Reviewer, which approval may be denied if the Architectural Reviewer
determines that the proposed modifications or alterations would adversely affect, or in any manner be
detrimental to, the Community, in part or in whole. Any glass, screen, curtain, blind, shutter, awning, or
other modifications, additions or installations which may be installed where visible from outside the Unit, are
subject to regulation by the Architectural Reviewer. The installation of hurricane shutters shall be subject to
regulation by the Architectural Reviewer. No review or approval by the Architectural Reviewer shall
imply or be deemed to constitute an opinion by the Architectural Reviewer, nor impose upon the
Architectural Reviewer, the Association, the Board of Directors, the Developer and Builders, nor any
other party, any liability for the design or construction of building elements, including, but not limited to,
structural integrity, design, quality of materials, and compliance with building code or life and safety
requirements. The scope of any such review and approval by the Architectural Reviewer is limited solely
to whether the respective plans or work meet certain requirements, standards, and guidelines relating to
aesthetics and the harmony and compatibility of proposed improvements in the Community.
5.2 Architectural Review. The architectural review and control functions of the Association shall be
administered and performed by the Architectural Reviewer. Prior to the Turnover Date, the Developer shall
be the Architectural Reviewer and shall have the exclusive right to exercise architectural review under this
Section. The Developer shall have the authority to process applications in its sole discretion and procedures
and in accordance with its building plans,specifications,plan of development,aesthetic requirements and any
Architectural Review Guidelines. Prior to the Turnover Date,the Developer may designate a third party with
authority to process and approve applications as required in this Section 5. Following the Turnover Date,the
Association shall be the Architectural Reviewer, whether through the Board of Directors or an Architectural
Review Committee. The Architectural Review Guidelines shall in no event apply to the Developer and
Builders,whether before or after the Turnover Date.
5.3 Powers and Duties of Architectural Reviewer. When the Association is acting as the
Architectural Reviewer,the Architectural Reviewer shall have the following powers and duties:
(A) To enact modifications and/or amendments to the Architectural Review Guidelines. Any
modification or amendment to the Architectural Review Guidelines shall be consistent with the provisions of
this Declaration. As long as the Developer owns at least one(1) Parcel or other property in the Community,
the Architectural Reviewer shall not alter the Architectural Review Guidelines,without the Developer's prior
written consent,which consent may be denied in the Developer's discretion.
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(B) To require submission of one (1) complete set of all plans and specifications for any
improvement or structure of any kind, including without limitation, any building, fence, wall, sign, site
paving, grading, pool, parking and building additions, alteration, screen enclosure, sewer, drain, disposal
system, decorative building, landscaping, landscape device or object or other improvement, the construction
or placement of which is proposed upon any Parcel in the Community, together with a copy of any required
governmental permits. The Architectural Reviewer may also require submission of samples of building
materials and colors proposed for use on any Parcel and may require such additional information as
reasonably may be necessary for the Architectural Reviewer to completely evaluate the proposed structure or
improvement in accordance with this Declaration and the Architectural Review Guidelines. Upon request by
the Architectural Reviewer, the proposed contractor(s) shall supply a copy of all required business
licenses and evidence of insurance with such coverages and amounts as the Architectural Reviewer may
reasonably require. Reviews shall be coordinated with required governmental approvals. The Architectural
Reviewer shall have sixty (60) days to respond once a complete set of plans and specifications have been
submitted. Failure to respond within said sixty(60)days shall be deemed an approval.
(C) To approve or disapprove any improvement or structure of any kind, including without
limitation, any building, fence, wall, sign, site paving, grading, pools, parking and building additions,
alterations, screen enclosure, sewer, drain, disposal system, decorative building landscaping, landscape
device or object, or other improvement or change or modification thereto, the construction, erection,
performance or placement of which is proposed upon any Parcel in the Community and to approve or
disapprove any exterior additions, changes, modifications or alterations (including, but not limited to,
changes in exterior colors, finishes and materials) therein or thereon. All decisions of the Architectural
Reviewer shall be in writing and may,but need not be made by a certificate in recordable form.
(D) To approve or disapprove any change, modification or alteration to any improvement or
structure as hereinabove described, and the plans and specifications, if any, upon which such change
modification or alteration is based, prior to commencement of construction of such change, modification or
alteration. If any improvement or structure as aforesaid shall be changed, modified or altered without prior
approval of the Architectural Reviewer of such change, modification or alteration, and the plans and
specifications therefore, if any, the Owner shall upon demand, cause the improvement or structure to be
restored to comply with the plans and specifications, originally approved by the Architectural Reviewer and
shall bear all costs and expenses of such restoration, including costs and reasonable attorney's fees of the
Architectural Reviewer or the Association. The Architectural Reviewer shall be specifically empowered to
grant variances from the covenants, conditions and restrictions as contained herein and as are deemed
reasonable,required or necessary to meet the needs of the particular building site. The granting of a variance
shall not prevent the Architectural Reviewer from denying a variance in other circumstances .
(E) To adopt a schedule of reasonable fees and security deposits for processing requests for
approval or proposed improvements. Such fees and security deposit(s), if any, shall be payable to the
Association, by check or money order, at the time that plans and specifications are submitted to the
Architectural Reviewer and subsequently if the Architectural Reviewer requires. In the event such fees and
security deposit(s), as well as any other costs or expenses of the Architectural Reviewer pursuant to any
other provisions of this Article are not paid by the Owner and the contractor who will perform the work,
such fees, security deposit(s), costs and expenses shall become a lien on the Owner's Parcel. The
Architectural Reviewer may, as a condition to issuing approval, require the Owner to pay the Association a
security deposit in the amount of up to One Thousand Five Hundred Dollars ($1,500.00) and require the
contractor who will perform the work to pay the Association an additional security deposit in an amount
determined by the Architectural Reviewer. The security deposit(s)shall cover damage to the Common Area
caused by or related to any work performed or ordered to be performed by the Owner, costs, attorneys'
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and professional fees the Association incurs as a result of violations of the Governing Documents or
defective work. Upon satisfactory completion of the work in accordance with the approved plans and
specifications, the Association shall return the security deposit(s) to the Owner and the contractor, as
applicable, less any damage to the Common Area and costs, attorneys' and professional fees the
Association has incurred. In the event the amount of damage, costs, attorneys' and professional fees
exceeds the sum of One Thousand Five Hundred Dollars ($1,500.00) plus any additional security deposits
the Association requires the contractor to pay, the Association may collect such amount in the same manner
as unpaid Assessments.
(F) To monitor construction to verify compliance with the provisions hereof and any approvals
and conditions of the Architectural Reviewer.
5.4 Architectural Control by Developer. Prior to the Turnover Date,the Developer shall act as the
Architectural Reviewer, provided that prior to the Turnover Date, the Developer may designate a third
party with authority to process and approve applications as required in this Section 5. The Developer may
process applications from Owners seeking approval for any alterations or additions to a Parcel, or in any
manner to change the exterior appearance of any portion of a Unit, in accordance with its sole discretion and
procedures and its building plans, specifications, plan of development and aesthetic requirements. In the
event that an Owner makes improvements,additions or modifications without the Developer's prior approval,
the Developer may enforce the terms of the Governing Documents in the same manner as granted to the
Association,or may delegate enforcement of the Governing Documents to the Association.
5.5 Garages. No garages shall be converted to residential use or use other than as originally
designed with the exception of conversion of garages by the Developer and Builders for use as sales and
construction offices and other purposes. Garages shall not be used as a "woodshop" or other uses that
generate unusual amounts of noise and dust unless the garage door is kept closed, provided that in no case
shall such use create a nuisance.
5.6 Encroachments Into Lake Maintenance Easements Prohibited. Owners may not install any
landscaping, improvement or structure of any kind, including, without limitation, a pool, wall, fence or
screen, which encroaches into or alters the slope of any lake maintenance easement.
5.7 Developer and Builder Construction. The restrictions in this Section 5 shall not apply to the
Developer and Builders. The Developer reserves the right to alter the plan of development and architectural
style of the Community,Parcels and Units as it deems desirable in its sole discretion. The ability of a Builder
to vary the architectural style of Parcels and Units shall be subject to a contractual agreement between a
Builder and the Developer.
5.8 Prohibition on Grading Modifications and Impairment of Drainage. The Association and
Owners are prohibited from modifying grading on any property in the Community that is detrimental to
properties that are adjacent to the Community. The Association and Owners are also prohibited from
installing any landscaping, improvements or structures or doing any work in the Community that impairs
the Surface Water Management System.
5.9 Other Approvals Required. Each Owner is responsible for obtaining all necessary
governmental approvals prior to commencement of any work.
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5.10 No Waiver of Future Approvals. Approval by the Architectural Reviewer pursuant to this
Section 5 shall not be deemed a waiver of any right to withhold approval with respect to any similar
plans, specifications, samples or other materials.
6. PROPERTY RIGHTS: EASEMENTS.
6.1 Use of Common Area. Every Owner and his Tenants, Guests and invitees shall have a
perpetual non-exclusive easement for ingress, egress and access in, to and over the sidewalks, walkways
and private roads, if any, which may be contained within the Common Area for use in common with all
other Owners, their Tenants, Guests and invitees. The Developer shall convey the Common Area to the
Association by Quit Claim Deed(s). The Association shall be obligated to accept such conveyance(s)
subject to the terms, conditions, and restrictions set forth herein and in such Quit Claim Deed(s), and
without any requirement of membership approval. No title insurance, title opinion or survey shall be
provided to the Association by the Developer. All costs and expenses of any conveyance of any property
by the Developer to the Association shall be paid for by the Association. The Developer shall not be
required to formally tender or deliver the Quit Claim Deed(s) or other instrument(s) to the Association
prior to recordation in the Public Records of Collier County, Florida. Upon request,the Association shall
convey back to the Developer or its designee(s), without any payment by the Developer or such
designee(s), other than nominal consideration (i.e., "$10.00 and other good and valuable consideration"),
and without any requirement of membership approval, any real property which has not been improved by
a structure intended for recreational purposes, if originally conveyed to the Association for nominal
consideration. Except as otherwise limited in the Governing Documents, the portions of the Common
Area in addition to those used for walkways, private roads, sidewalks or driveways shall be for the
common use and enjoyment of the Owners and each Owner shall have a permanent and perpetual
easement for the use and enjoyment of such lands in such manner as may be regulated by the Association.
These easements shall be appurtenant to and shall pass with the title to every Unit subject to the
following:
(A) The right and duty of the Association to levy Assessments against each Parcel for the
upkeep,maintenance,repair or betterment of the Common Area and improvements thereon.
(B) The right of the Association to dedicate or transfer or grant an easement covering all or any
part of the Common Area to any public agency, authority, or utility for such purposes and subject to such
conditions as may be determined by the Board of Directors.No such easement shall materially interfere with
the rights of the Owner to use the Common Area for the purposes intended.
(C) The right of an Owner to the use and enjoyment of the Common Area and facilities thereon
shall extend to the members of his Family who reside with him, and to his Tenants, Guests and invitees,
except as otherwise provided in the Governing Documents.
THE ASSOCIATION SHALL ACCEPT "AS IS, WHERE IS" THE CONVEYANCE OF THE
COMMON AREA WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED,
IN FACT OR BY LAW, WITH RESPECT THERETO, OR WITH RESPECT TO THE
IMPROVEMENTS INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS OR
WARRANTIES REGARDING THE CONDITION, CONSTRUCTION, ACCURACY,
COMPLETENESS, DESIGN, ADEQUACY OF SIZE OR CAPACITY IN RELATION TO THE
UTILIZATION, DATE OF COMPLETION OR THE FUTURE ECONOMIC PERFORMANCE OF
OPERATIONS OF, OR THE MATERIALS OR FURNITURE WHICH HAS BEEN OR WILL BE
USED IN SUCH PROPERTY. BY ACCEPTANCE OF AN INTEREST IN ANY SUCH PROPERTY
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OR THE DEED TO ANY PARCEL, THE ASSOCIATION AND ALL OWNERS RELEASE THE
DEVELOPER AND BUILDERS FROM ANY CLAIMS AND WARRANT THAT NO CLAIM SHALL
BE MADE BY THE ASSOCIATION OR ANY OWNER RELATING TO THE CONSTRUCTION,
CONDITION, ADEQUACY FOR ANY PARTICULAR PURPOSE OR FOR THE NUMBER OF
USERS, DESIGN, FITNESS, ECONOMIC PERFORMANCE OR COMPLETENESS OF SUCH
PROPERTY OR REPAIRS OR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
THEREFROM.
THE DEVELOPER AND THE ASSOCIATION SHALL NOT BE OBLIGATED TO PROVIDE
SUPERVISORY PERSONNEL, INCLUDING, BUT NOT LIME I ED TO, LIFEGUARDS, FOR ANY
RECREATION AREAS. ANY INDIVIDUAL USING A RECREATION AREA SHALL DO SO AT
HIS OR HER OWN RISK AND HEREBY HOLDS THE DEVELOPER, THE ASSOCIATION AND
THEIR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM AND
AGAINST ANY CLAIM OR LOSS ARISING FROM SUCH USE.
THE DEVELOPER AND THE ASSOCIATION MAY, BUT SHALL NOT BE OBLIGATED TO
MAINTAIN OR SUPPORT ACTIVITIES WITHIN THE COMMUNITY DESIGNED TO MAKE THE
COMMUNITY SAFER THAN IT MIGHT OTHERWISE BE. THE DEVELOPER AND THE
ASSOCIATION DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER
AS TO THE SECURITY OF THE COMMUNITY OR THE EFFECTIVENESS OF ANY SUCH
ACTIVITIES. ALL OWNERS AND OCCUPANTS IN THE COMMUNITY AGREE TO SAVE AND
HOLD THE DEVELOPER, ASSOCIATION AND THEIR DIRECTORS, OFFICERS, EMPLOYEES
AND AGENTS HARMLESS FROM ANY LOSS OR CLAIM ARISING FROM THE OCCURRENCE
OF ANY CRIME OR OTHER ACT. THE ASSOCIATION AGREES TO SAVE AND HOLD THE
DEVELOPER AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FOR
ANY LOSS OF CLAIM ARISING FROM THE OCCURRENCE OF ANY CRIME OR OTHER ACT.
NEITHER THE DEVELOPER, ASSOCIATION, NOR THEIR DIRECTORS, OFFICERS,
EMPLOYEES AND AGENTS, SHALL IN ANY WAY BE CONSIDERED INSURERS OR
GUARANTORS OF SAFETY AND SECURITY WITHIN THE COMMUNITY.
6.2 Easements. The Developer (during any period in which the Developer has any ownership
interest in the Community)shall have the right to grant such electric, telephone, gas,water, sewer, irrigation,
drainage, cable television or other easements, and to relocate any existing easement in any portion of the
Community and to grant access easements and to relocate any existing access easements in any portion of the
Community as the Developer shall deem necessary or desirable, including, without limitation, for the
following purposes: the proper construction of the Community; operation and maintenance of the
Community, or any portion thereof; the general health or welfare of the Owners; to carry out any provisions
of the Governing Documents; and to fulfill the Developer's obligations to any governmental authority,
taxing district, a public or private utility or SFWMD. Such easements or the relocation of existing
easements may not prevent or unreasonably interfere with the use of the Parcels and Units. Each Parcel shall
be subject to an easement in favor of all other portions of the Community for the location of utilities and for
surface water drainage, for lateral and subjacent support, and for the use, maintenance, repair, and
replacement of public or private utility lines and other similar or related facilities serving other Parcels and
portions of the Community. In addition, if by reason of original construction, shifting, settlement or
movement, any Unit encroaches upon the Common Area or upon any other Parcel (including, without
limitation, roof overhangs and related drainage gutters), then an easement shall exist to the extent of that
encroachment as long as the encroachment exists. In the event that any structure is partially or totally
destroyed,then rebuilt,then the Owners and the Association agree that encroachments on adjacent Parcels or
on Common Area due to construction shall be permitted and that an easement for such encroachments
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(including, without limitation, roof overhangs and related drainage gutters), and the maintenance of the
structure shall exist, but such encroachments shall be to the extent permitted by the original construction,
shifting, settlement or movement. The Association and its vendors, contractors and employees, are granted a
blanket easement over the Common Area and Parcels for repair and maintenance and for carrying out the
Association's responsibilities pursuant to this Declaration. Each Parcel shall be subject to an access easement
in favor of the adjoining Owner(s) and their contractors and agents for purposes of bringing materials and
construction equipment to the rear or side of the Parcel for construction of pools or other structures. The
adjoining Owner shall restore the Parcel to its previous condition following completion of such construction.
Following the Turnover Date, the Association shall have the authority to grant easements on the foregoing
terms, subject to the Developer's prior written consent as long as the Developer owns a Parcel or any
property located in the Community.
6.3 Partition: Separation of Interest. There shall be no judicial partition of the Common Area,
except as expressly provided elsewhere herein, nor shall the Developer or any Owner or any other person
acquiring any interest in the Community, or any part thereof, seek judicial partition thereof. Nothing herein
shall be construed to prevent judicial partition of any Parcel and Unit owned on co-tenancy. The ownership of
any Parcel and the ownership of the Unit constructed thereon may not be separated or separately conveyed;
nor may any person who does not have an ownership interest in at least one (1) Parcel hold membership in
the Association,except for the Developer.
6.4 Construction; Maintenance. The Developer and Builders (including their agents, designees,
contractors, successors and assigns) shall have the right, in their sole discretion, to enter the Community
(through all access points, including the main, construction and any other entrance or other area, whether
or not gated, and during all construction hours set by Collier County) and take all other action necessary or
convenient for the purpose of completing the construction of any improvements or Units. As long as the
Developer and Builders are liable under the terms of any warranty in favor of an Owner,the Developer and
Builders (including their agents, designees, contractors, and their successors and assigns) shall have an
easement of access to the Community (through all access points, including the main, construction and any
other entrance or other area, whether or not gated, and during all construction hours set by Collier
County) and any Parcels and Units in order to make repairs, replacements and take all other action necessary
or convenient for the purpose of fulfilling their obligations.
6.5 Additional Easements. The Community(including the Parcels)shall be subject to and benefited
by any and all easements which are set forth in the Governing Documents or any plat or other recorded
instrument encumbering all or a portion of the Community, including, without limitation, utility easements
for the installation,maintenance and repair of utilities by any utility company and drainage easements. The
Community (including the Parcels) shall also be subject to a public service easement for police protection,
fire protection, emergency services, postal services and meter reading. The Association shall have such
easements across the Community and all Parcels as are necessary to fulfill its obligations as set forth in the
Governing Documents.
6.6 Polling Place Requirement. Accommodation shall be made for future use of a portion of the
Common Area for purposes of an electoral polling place in the event such requirement is imposed by
Collier County.
7. MAINTENANCE OF COMMON AREA,PARCELS AND UNITS.
7.1 Association Maintenance. Notwithstanding that the Developer may initially retain ownership
of the Common Area, the Association shall, pursuant to this Declaration, be responsible for the
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management, maintenance, insurance and operation of the Common Area. The Association shall be
responsible for the maintenance, repair and replacement of the lawns and landscaping (including back yards
of Parcels, between screen enclosures and irrigation equipment,) ("Landscaping Services") located on
Parcels as originally installed by the Developer or a Builder(in the case of a Builder, only to the extent that
the lawns and landscaping are substantially similar to those installed by the Developer). The Association
shall be responsible for the maintenance, repair and replacement of perimeter walls, if any. The
Association shall be responsible for the maintenance, repair and replacement of sidewalks, except for the
Owners' responsibility for sidewalks located on or in front of their Parcels, as set forth in Section 7.2
below. All maintenance, repair and replacement which are the responsibility of the Association shall be a
Common Expense, unless the Association undertakes maintenance, repair or replacement of a Parcel and
Unit due to an Owner's failure to undertake the maintenance,repair or replacement.
7.2 Owner Maintenance. Owners shall maintain, repair and replace their Parcels, Units and any
other improvements, modifications and additions thereto in a safe, clean, orderly and attractive
condition (including, without limitation, regular exterior maintenance such as power washing), except for
those portions to be maintained,repaired and replaced by the Association. Whenever an Owner contracts for
maintenance, repair, replacement, alteration, addition or improvement of any portion of the Parcel or Unit,
whether with or without approval from the Architectural Reviewer, such Owner shall be deemed to have
warranted to the Association and its Members that his contractor is properly licensed and fully insured and
that the Owner will be financially responsible for any resulting damage to persons or property not paid by the
contractor's insurance. Owners shall maintain, repair and replace all driveways located on or in front of
their Parcels. Owners shall keep the sidewalks located on or in front of their Parcels, if any, free from
impediments to pedestrian traffic. Owners must keep driveways and sidewalks clean (including by
pressure washing as necessary) and free from oil, rust, stains, any aesthetic blemish, or other unsightly
damage. The maintenance, repair, replacement and cleaning obligations set forth above with respect to
driveways and sidewalks includes any portion located between the boundary of the Parcel and the
roadway lying adjacent to the Parcel).
Each building shall contain common structural elements,which include but are not limited to:
(A) Utility Lines. All utility lines, ducts, conduits, pipes, fire sprinklers, wires and other
utility fixtures and appurtenances which are located on or within each building and which directly or
indirectly in any way service more than one Unit in such building.
(B) Party Walls. All division walls ("Party Walls") between and shared by two (2) Units.
The Owners adjacent to a Party Wall shall own such Party Wall as tenants in common.
(C) Bearing Walls. Any and all walls or columns necessary to support the roof structure.
(D) Exterior Finish. Any and all siding, finish, trim, exterior sheathings and other exterior
materials and appurtenances on the exterior of each building.
(E) Foundation. The entire concrete floor slab and all foundational and support structures and
appurtenances thereto.
(F) Roofs. The entire roof of a building.
7.2.1.1 Utility Easements. Each Owner grants to the other Owner in the same building a
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perpetual utility easement for drainage, water, sewer, power, telephone, internet, and other utility and
service company lines and systems installed beneath or within the Unit. Any expense caused by the
necessary access of authorized personnel of the utility or service company to service lines affecting all
Units within a building, and which are located beneath or within the building shall be shared equally by
each of the Owners in the building affected; provided, however, that where the necessary access by
authorized personnel of the utility or service company is required because of the intentional or negligent
misuse of the utility or service company line or system by an Owner, his Family member, Tenant, Guest,
invitee, or agent, any expense arising therefrom shall be borne solely by such Owner. Any expense
caused by the necessary access of authorized personnel of the utility or service company to service lines
affecting only one Unit within a building shall be shared solely by the Owner of such Unit.
7.2.1.2 Party Walls. The center line of a Party Wall is the common boundary of the adjoining
Unit. Each Owner shall have the right to use the Party Wall jointly with the adjoining Owner(s). The
term "use" shall and does include normal interior usage such as paneling, plastering, decoration, erection
of tangent walls and shelving but prohibits any form of alteration which would cause an aperture, hole,
conduit, break or other displacement of the original concrete or other material forming the Party Wall.
The cost of maintaining each side of the Party Wall shall be borne by the Owner using said side, except as
otherwise provided herein.
7.2.1.3 Roof The entire roof of a building, any and all roof structure support, and any and all
related improvements, including without limitation, the roof covering, roof trim, and roof drainage
fixtures, shall be collectively referred to as "Shared Roofing". Each Owner shall have the right to use
the Shared Roofing jointly with the other Owner in the same building. The term "use" shall and does
include normal usage but prohibits any form of alteration which would change the aesthetic or structure
of the Shared Roofing.
7.2.1.4 Casualty Damage. If a Unit is damaged through an act of God or other casualty, the
affected Owner shall promptly have his portion of the Unit repaired and rebuilt substantially in
accordance with the architectural plans and specifications of the building. In the event damage or
destruction of a Party Wall or Shared Roofing is caused solely by the negligence of an Owner, any
expense incidental to the repair or reconstruction of the Party Wall or Shared Roofing shall be borne solely
by that Owner. If that Owner refuses or fails to pay the cost of such repair or reconstruction, the
Association shall have the right to complete such repair and reconstruction substantially in accordance
with the original plans and specifications of the affected building, and the Association shall thereafter
have the right to impose a charge against said Owner and his Parcel for the costs of such repair and
reconstruction.
7.2.1.5 Maintenance, Repair and Replacement of the Exterior of the Unit and Shared Roofing.
Each Owner shall at all times be responsible for the maintenance, repair and replacement of the exterior
surfaces of his or her Unit. The phrase "exterior surfaces of the Unit" shall include,but not be limited to,
the exterior walls and Shared Roofing. Each Owner shall be obligated to maintain, repair and replace
the portion of the Shared Roofing located on his Unit, including, without limitation, repairing any roof
leaks. No Owner shall authorize the painting, refurbishing or modification of the exterior surfaces or
shared roofing of his Unit without the consent of the Architectural Reviewer. If a Owner refuses or fails
to maintain, repair or replace the exterior of the Unit,the Association shall have the right to complete such
maintenance and the Association shall thereafter have a charge against said Owner and Parcel for the costs
of such maintenance, repair or replacement.
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7.2.1.6 Casualty Insurance. Each Owner shall maintain casualty insurance for his or her Unit in
an amount equal to the replacement value thereof. The Association may, but is not obligated to, require
that each Owner provide proof of insurance. Should any Owner fail to provide proof of insurance
upon request, the Association may purchase the required insurance, and the costs of such insurance shall
be a special charge against the Owner and the Parcel. The Association shall have no liability to any
Owner for failure to request proof of insurance or for failure to purchase insurance on behalf of the
Owner.
7.2.1.7 Party Fences. Walls or fences which are constructed between two adjoining Parcels and
are to be shared by the Owners of such adjoining Parcels are "Party Fences". Party Fences that are
initially installed by the Developer shall be maintained, repaired and replaced by the Association, except
that each Owner shall have the right and duty to maintain and perform superficial repairs to that portion of
a Party Fence which faces such Owner's Parcel.
The remainder of this Section 7.2.1.7 shall apply to Party Fences that are not initially installed by
the Developer. Party Fences shall be the joint maintenance obligation of the Owners of the Parcels
bordering the Party Fences. Each Owner shall have the right to full use of the Party Fence subject to the
limitation that such use shall not infringe on the rights of the adjacent Owner or in any manner impair the
value of the Party Fence. Each Owner shall have the right and duty to maintain and to perform superficial
repairs to that portion of a Party Fence which faces such Owner's Parcel. The cost of said maintenance
and superficial repairs shall be borne solely by said Owner. In the event of damage or destruction of the
Party Fence from any cause whatsoever, other than negligence or willful misconduct of one of the
adjacent Owners, the adjacent Owners shall, at their joint expense, repair and rebuild said fence within 30
days. In the event it is necessary to repair or rebuild a Party Fence, the Owners shall agree on the cost of
such repairs or rebuilding, and shall agree on the person or entity to perform such repairs, provided
however, all such repairs must be performed by a qualified contractor. If the Owners cannot agree on the
cost of such repairs or on the person or entity to perform such repairs, each Owner shall choose a Director
of the Association to act as their arbiter. The Directors so chosen shall agree upon and choose a third
Director to act as an additional arbiter. All of those Directors shall thereafter choose the person or entity
to perform the repairs and shall assess the costs of such repairs in equal shares to the Owners. Whenever
any Party Fence or any part thereof shall be rebuilt, it shall be erected in the same manner and be of the
same size and of the same or similar materials and of like quality and color and at the same location
where it was initially constructed unless otherwise agreed to by the Owners of the Party Fence. If such
maintenance, repair or construction is brought about solely by the neglect or the willful misconduct of one
Owner, any expense incidental thereto shall be borne solely by such Owner. If the Owner shall refuse to
repair or reconstruct the fence within 30 days, and to pay for the repair or reconstruction, the Association
may have the Party Fence repaired or reconstructed and shall be entitled to a charge against the Parcel of
the Owner so failing to pay for the amount of such defaulting Owner's share of the repair or replacement.
In the event repairs or reconstruction shall be necessary, all necessary entries on the adjacent Parcels shall
not be deemed a trespass so long as the repairs and reconstruction shall be done in a workmanlike
manner, and consent is hereby given to enter on the adjacent Parcels to effect necessary repairs and
reconstruction.
7.3 Alterations and Additions to Common Area. Material alterations or substantial additions to the
Common Area may be undertaken and funds necessary levied as special Assessments by the Association
only upon approval by a majority of the Board of Directors. The Developer's consent shall also be required
until the Developer conveys the last Parcel that may be submitted to the terms of this Declaration.
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7.4 Enforcement of Maintenance. In the event that an Owner fails or refuses to comply with these
provisions, after fourteen (14) days' notice and demand from the Association and the Owner's failure to
comply,the Association shall have the authority(but not the obligation)to take whatever action is reasonably
necessary in its judgment to bring the Parcel and Unit into conformity and the expenses of doing so shall be
an obligation of the Owner collectable as a special Assessment against that Parcel. The Association is
granted an easement upon the Parcel and its improvements for these purposes. In the alternative, the
Association may institute legal proceedings to compel the Owner to observe his obligations set forth in the
Governing Documents.
7.5 Negligence: Damage Caused by Condition in Unit. The Owner of each Unit shall be liable for
the expenses of any maintenance, repair or replacement of Common Area, other Units, or personal property
made necessary by his act or negligence, or by that of any member of his Family or his Guests, employees,
agents, or Tenants. Each Owner has a duty to maintain his Unit and personal property therein, in such a
manner as to prevent foreseeable and reasonably preventable damage to other Units,the Common Area or the
property of other Owners and residents. If any condition, defect or malfunction, resulting from the Owner's
failure to perform this duty causes damage to other Units, the Common Area or property within other Units,
the Owner of the offending Unit shall be liable to the person or entity responsible for repairing the damaged
property for all costs of repair or replacement not paid by insurance. The Association may, but is not
obligated to repair the damage and hold the responsible party liable for all costs, secured by a lien against the
applicable Parcel,which lien may be foreclosed in the same manner as the Association's Claim of Lien.
7.6 Developer's Lien. In the event the Association fails to maintain, replace or repair as herein
provided, upon thirty (30) days' notice to the Association,the Developer or its designee shall have the right,
without being obligated to do so, to enter upon the Community and cause said maintenance, replacement, or
repair to be made, and in such event, the Developer shall have a lien upon the Community, including all
Parcels therein, for the costs thereof, including, without limitation, interest, court costs and reasonable
attorneys' fees and appellate attorneys' fees incurred by the Developer in collecting the sums expended by it.
The aforesaid lien may be foreclosed in the same manner as the Association's Claim of Lien. In the event of
an emergency situation threatening the health and welfare of the residents, the Developer may immediately
enter upon the Community and cause such maintenance replacements or repairs to be made forthwith and
without the requirement of any prior notice thereof,and the Developer shall have an enforceable lien upon the
Community as described above.
7.7 Surface Water Management System. The permit issued by SFWMD as of this date is attached
hereto as Exhibit "D" ("Permit"). Copies of the Permit and any future SFWMD actions shall be
maintained by the Association and/or its registered agent for the Association's benefit. The Association
shall maintain and operate the Surface Water Management System within the Community in accordance
with the Permit and any other permit(s) and regulations of SFWMD and/or its successor, and shall
allocate sufficient funds in its annual budget for such obligations. To the extent required by the Permit, it
shall be the Association's responsibility to successfully meet and complete all Permit conditions
associated with any Wetland mitigation, success criteria, maintenance and monitoring. The Association
shall allocate sufficient funds in its annual budget for such mitigation, maintenance and monitoring of
Wetland mitigation area(s) each year until SFWMD determines that the area(s) is successful in
accordance with the Permit. Operation, maintenance and re-inspection reporting shall be performed in
accordance with the terms and conditions of the Permit. SFWMD has the right to take enforcement
action, including a civil action for an injunction and penalties against the Association to compel it to
correct any outstanding problems with the Surface Water Management System or in any mitigation or
conservation areas under the responsibility or control of the Association. No construction activities may
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be conducted relative to any portion of the Surface Water Management System. Prohibited activities
include, but are not limited to: digging or excavation; depositing fill, debris or any other material or item;
constructing or altering any water control structure; or any other construction to modify the Surface Water
Management System facilities. If the Community includes a Wetland mitigation area or a wet detention
pond, no vegetation in these areas shall be removed, cut, trimmed or sprayed with herbicide without
specific written approval from SFWMD. Construction and maintenance activities which are consistent
with the design and Permit conditions approved by SFWMD in the Permit may be conducted without
specific written approval from SFWMD. Neither the Developer, the Association, nor any Owner shall
take any action which modifies the Surface Water Management System in a manner which changes the
flow or drainage of surface water. Any amendment which would affect the Surface Water Management
System and conservation areas or easements, including the water management portions of the Common
Area must have the prior approval of SFWMD, Collier County and any other governmental authority with
jurisdiction. The Developer or the Association may reconfigure the size and location of the lakes, but
only to the extent permitted by SFWMD and any other governmental authority with jurisdiction. The
Developer and the Association shall have an easement over the Community for purposes of accessing the
lakes and ancillary drainage facilities. The lakes shall not be available for use by Owners (except for
catch and release fishing and non-motorized watercraft (e.g., kayaks, canoes and paddleboards), to the
extent allowed by the Permit and the Board of Directors)or the Association, nor shall they in any manner
interfere with or alter the Surface Water Management System or interfere with the access rights of any
entity responsible for its maintenance. All Owners acknowledge that due to ground water elevations,
priorities established by governmental authorities, and other causes outside of the control of SFWMD, the
Developer and the Association, lake water levels may fluctuate at certain times during the year and such
fluctuations may be material. None of the entities mentioned in the preceding sentence shall have any
liability for aesthetic conditions, objectionable odors, damage to plantings or direct or consequential
damages of any nature caused by the fluctuation of water levels or water quality. THE ASSOCIATION
AND THE DEVELOPER MAKE NO REPRESENTATIONS WITH RESPECT TO LAKE WATER
LEVELS.
It is intended that the Association shall operate and maintain the Surface Water Management
System and any Conservation Areas and Preservation Areas. The Association shall allocate sufficient
funds in its budget for monitoring and maintenance of any Wetland mitigation area(s) each year. In the
event of termination, dissolution or final liquidation of the Association, the responsibility for the operation
and maintenance of the Surface Water Management System shall be transferred to and accepted by a
similar non-profit organization or entity that is acceptable to any applicable governmental authorities, prior
to such termination, dissolution or liquidation.
The Developer may establish natural vegetative buffers between the Parcels and any jurisdictional
Wetland preserve and/or conservation tract as may be required by SFWMD, which buffer shall not be
located within the boundaries of a Parcel unless otherwise approved by SFWMD. Such buffers shall be
platted as a separate tract or created as an easement over an expanded limit of the preserve tracts, which
would be dedicated as preserve/drainage tracts, to include the buffer within the preserve tract. If the
buffer is located within a separate tract, the tract shall be dedicated on the plat to the Association along
with all maintenance responsibilities and, if necessary, to any governmental or quasi-governmental
entities with no maintenance responsibilities. All Owners shall comply with the requirements of all
governmental or quasi-governmental agencies or authority having jurisdiction.
The Developer has caused or will cause to be constructed within the geographic area shown on a
plat, drainage canals, lakes and drainage retention/detention lakes or ponds. These drainage structures are
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part of the overall drainage plan for the Community. The Developer may create conservation easements
encumbering all or part of the Common Area, and/or portions of the Parcels conveyed to Owners to
preserve the natural condition of Wetlands, uplands or buffer areas. The Association shall have
unobstructed ingress to and egress from all retention/detention lakes or ponds and lakes as well as all
conservation easements at all reasonable times to maintain said lakes or ponds, lakes and conservation
easements in a manner consistent with its responsibilities. No Owner shall cause or permit any
interference with such access and maintenance. No Owner shall utilize, in any way, any of the
Community drainage facilities without the express prior written consent of the Developer and the
Association. Further, where an Owner's Parcel is contiguous to any of the drainage facilities of The
Community, such Owner shall keep his or her Parcel so that the utilization of such Owner's Parcel will
not adversely affect the drainage facilities and structures and so as to be aesthetically compatible with
such drainage facilities and structures.
To the extent that the Association has any maintenance obligations with respect to the Surface
Water Management System, the Association shall maintain, as part of the Common Area, drainage
structures for the Community, the Preservation Areas, Conservation Areas and other environmentally
significant Common Area, and comply with conditions of the Permit, Department of Environmental
Protection, and U.S. Army Corps of Engineers for the Surface Water Management System, Preservation
Areas, Conservation Areas, or other environmentally significant Common Area, including, without
limitation, installation of and perpetual maintenance of all signage required by the Permit. All such areas
shall be defined, identified, and described as such on all plats of the Community, or may be granted by
separate easements recorded in the Public Records of Collier County, Florida.
No Owner shall alter Wetlands, upland buffers to Wetlands, archeological sites, and Wetland
compensation areas with the Preservation Areas and Conservation Areas described in all approved
permits and Plats of the Community from their naturaUpermitted condition as indicated in the Permit,
with the exception of exotic or nuisance vegetation removal, or restoration in accordance with the
restoration plan included in any conservation easement. Exotic vegetation may include, but is not limited
to, Melaleuca, Brazilian pepper, Australian pine, Japanese climbing fern or any other species currently
listed by the Florida Exotic Pest Plant Council. Nuisance vegetation may include cattails, primrose
willow, grape vine and torpedo grass. Prohibited activities within such areas include removal of native
vegetation (by dredging, application of herbicide or cutting); excavation; placement or dumping of soil,
trash, land clearing or landscaping debris; and construction or maintenance of any building, residence, or
structure. It shall be the responsibility of all Owners to comply with the construction plans for the Surface
Water Management System approved by the applicable permitting agencies. The Association shall, when
requested by the Developer, accept transfer of the Permit and any other SFWMD permits applicable to the
Community. The conditions of the Permit and any other SFWMD permits include monitoring and record
keeping schedules and maintenance.
The Association shall take enforcement action against Owners as necessary to enforce the
conditions of all governmental permits applicable to the Surface Water Management System, Preservation
Areas, Conservation Areas and upland buffer areas.
Within any Preservation Area or any wet detention lake or pond (as such lakes or ponds are
designated by SFWMD), no Member shall remove any native vegetation (including cattails) that may
become established therein. The prohibition against removal of native vegetation shall not be construed to
prevent the removal of exotic vegetation in accordance with a governmentally approved maintenance
plan. It shall be the Association's responsibility to successfully meet and complete all conditions
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associated with annual exotic nuisance plant species maintenance and monitoring. The Association shall
allocate sufficient funds as a line item in its annual budget for such maintenance and monitoring.
Inquiries regarding provisions of this Article should be addressed to SFWMD.
Water quality data for the water discharged from the Community or into the surface waters of the
state shall be submitted to SFWMD as required. Parameters to be monitored may include those listed in
Chapter 17-3 of the Florida Administrative Code. Analyses shall be performed according to procedures
outlined in the current edition of Standard Methods for the Examination of Water and Wastewater by
American Public Health Association of Methods for Chemical Analyses of Water and Wastes by the U.S.
Environmental Protection Agency. If water quality data are required,the Association shall provide data as
required on volume of water discharged, including total volume discharged during the days of sampling
and total monthly discharge from the Community or into surface waters of the state.
To the extent that the Association has any maintenance obligations with respect to the Surface
Water Management System, the Association agrees to operate and maintain the Surface Water
Management System and has sufficient ownership so that it has control over all water management
facilities authorized.
The Association shall at all times properly operate and maintain the systems of treatment and
control (and related appurtenances)that are installed or used to achieve compliance with conditions of the
permit, as required by SFWMD. This provision includes the operation of backup or auxiliary facilities or
similar systems when necessary to achieve compliance with the conditions of the permit and when
required by SFWMD rules.
The Association specifically agrees to allow authorized SFWMD personnel, upon presentation of
credentials or other documents as may be required by law, access to the Community, at reasonable times,
where the permitted activity is located or conducted; for the purposes of inspection and testing to
determine compliance with the Permit and SFWMD regulations, such as: having access to and copying
any records that must be kept under the conditions of the permit; inspecting the facility, equipment,
practices, or operations regulated or required under the Permit; sampling or monitoring any substances or
parameters at any location reasonably necessary to assure compliance with the permit or SFWMD rules;
and gathering of data and information. Reasonable time may depend on the nature of the concern being
investigated.
Establishment and survival of littoral areas provided for storm water quality treatment in wet
detention systems shall be assured by proper and continuing maintenance procedures designed to
promote viable Wetlands plant growth of natural diversity and character. Following as-built approval,
perpetual maintenance shall be provided for the permitted system.
The Association shall submit inspection reports, if required by SFWMD, in the form required
by SFWMD, in accordance with the permit application.
Owners are hereby notified that certain Parcels may include, or be adjacent to wet detention
lakes or ponds,jurisdictional Wetland Preservation Areas, designated mitigation areas, upland buffers
or designated conservation easements. It is the Owner's responsibility not to remove native vegetation
(including cattails) that becomes established within the wet detention lakes or ponds, jurisdictional
Wetland Preservation Areas, designated mitigation areas, upland buffers or designated conservation
easements abutting the Owner's Parcel. Removal includes dredging, the application of herbicide,
cutting, and the introduction of grass carp.
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No Owner of a Parcel within the Community may construct or maintain any building, residence,
or structure, or undertake or perform any activity in the Wetlands, Wetland mitigation areas, buffer
areas, upland conservation areas, wet detention lakes or ponds, jurisdictional Wetlands, designated
mitigation areas or designated drainage or conservation easements described in the Permit and recorded
plats of the Community.
8. INSURANCE: The Association shall obtain and maintain adequate insurance for the Common Area(with
provisions for deductibles)as follows:
(A) Casualty. To the extent that there is Common Area containing any improvements,the coverage
shall afford protection against loss or damage by fire or other hazards covered by a standard extended
coverage endorsement, and such other risks as are customarily covered with respect to improvements on the
Common Area, including,but not limited to, flood(if required by law),vandalism, or malicious mischief.All
or any part of such coverage may be extended to include the Association's personal property as the Board of
Directors may deem desirable. The Association shall act as agent of the Owners and shall adjust all losses on
their behalf with respect to the Common Area.
(B) Liability. Premises and operations liability for bodily injury and property damage in such limits
of protection and with such coverage as are determined by the Board of Directors, with cross liability
endorsement to cover liabilities of the Owners as a group to an Owner, if obtainable at reasonable cost.
9. USE RESTRICTIONS.
9.1 Residential Purposes. No Parcel shall be used for other than Single-Family residential
purposes, except that Parcels, or portions of Parcels may be used by the Developer and Builders for offices,
sales offices or models. No trade or business may be conducted in or from any Unit, except that an Owner
or occupant residing in a Unit may conduct business activities within the Unit so long as: (a)the existence
or operation of the business activity is not apparent or detectable by sight, sound or smell from outside the
Unit; (b)the business activity conforms to all zoning requirements; (c)the business activity involves only
telephone calls and correspondence to and from the Unit and does not involve persons coming into the
Community who do not reside in the Community or door-to-door solicitation of occupants of the
Community; and (d) the business activity is consistent with the residential character of the Community
and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of
other occupants of Units. The use of a Unit as a public lodging establishment shall be deemed a business or
trade use. No Unit may be used or leased on a"time share"or transient basis, including without limitation,
an"Airbnb"type use in violation of the minimum leasing period set forth in Section 12.4 below. The terms
"business" and "trade", as used in this provision, shall be construed to have their ordinary, generally
accepted meanings, and shall include, without limitation, any occupation, work or activity undertaken on
an ongoing basis which involves the provision of goods or services to persons other than the provider's
family and for which the provider receives a fee, compensation, or other form of consideration, regardless
of whether: (i) such activity is engaged in full or part-time; (ii) such activity is intended to or does
generate a profit; or(iii) a license is required therefor.
Unless organized by the Association, "Garage Sales" and "Yard Sales" are prohibited, regardless
of whether they are patronized by Owners and occupants in the Community or persons who do not reside
in the Community.
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9.2 Signs. No sign or advertisement of any kind, including, without limitation, those of realtors,
contractors and subcontractors, shall be erected within the Community without the prior written consent
of the Board of Directors or in accordance with the Rules and Regulations and Architectural Review
Guidelines, except in connection with the sale or resale of Parcels by the Developer, Builders or as may
be required by legal or zoning proceedings. Signs which are permitted within the Community may be
restricted as to the size, color, lettering, materials and location of such signs. The Board of Directors, the
Developer and Builders shall have the right to erect signs as they, in their discretion, deem appropriate,
except that no Builder may erect a sign without the prior written approval of the Developer. Under no
circumstances shall signs, flags, banners or similar items advertising or providing directional information
with respect to activities being conducted inside or outside of the Community be permitted within the
Community without the express written consent of the Board of Directors or unless they are installed by
the Developer.No sign shall be nailed or otherwise attached to trees.
9.3 Nuisance. Nothing shall be done upon any Parcel or in the Common Area which may be or
may become an annoyance or nuisance to any person. No obnoxious, unpleasant, abusive, threatening or
offensive activity shall be carried on, nor shall anything be done which can be reasonably construed to
constitute a nuisance, public or private in nature. No person shall interfere with the Association's Directors,
Officers, committee members, property manager, property management company, employees, agents,
vendors and contractors in the performance of their obligations pursuant to the Governing Documents,
contracts, statutes and ordinances, as applicable. All residents shall observe the State of Florida vehicular
speed limits and any rules posted on signs in the Common Area
9.4 Underground Utility Lines and Services. All electric,telephone, gas and other utility lines shall
be installed underground,except for temporary lines as required during construction or if required by law.
9.5 Common Area. No Owner shall make use of the Common Area in such a manner as to abridge
the equal rights of the other Owners to their use and enjoyment thereof nor shall any Owner remove, prune,
cut, damage or injure any trees or other landscaping located in the Common Area. Except as otherwise
provided in this Declaration and its exhibits or with respect to the Developer's reserved rights, any portion of
the Common Area which is deemed open space shall be owned by the Association and preserved and
maintained by it and shall not be destroyed.
9.6 Pets and Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept
on any Parcel, except that dogs, cats and other usual and non-exotic household pets (not to exceed a total
of three (3) pets, excluding tropical fish) may be kept(except for"wolf hybrids" or other dogs prone to or
exhibiting aggressive behavior), provided they are not kept, bred or maintained for any commercial
purposes. All animals shall be contained on the Owner's Parcel and shall not be permitted to run freely.
When outside the Owner's Unit or screened in area, all pets must be carried or secured with a hand held
leash. The person walking the pet must be in physical control of the leash at all times. The Owner or
other owner of a permitted pet must pick up all solid waste and deposit it in an appropriate trash
container.
9.7 Trucks, Commercial Vehicles, Recreation Vehicles, Mobile Homes, Boats, Campers and
Trailers.
(A) Vans, pick-up trucks, passenger cars and sport utility vehicles shall be considered to be
automobiles and may be parked on driveways if the vehicle is used for the primary purpose of
transportation of passengers and their personal goods. Such vehicles may be parked on driveways
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overnight. If the vehicle is used primarily for the transportation of goods then it shall be considered to be
a commercial vehicle. Law enforcement vehicles may be parked on driveways and in parking spaces if
the driver is a law enforcement officer. All other vehicles (i.e. all motorized and non-motorized vehicles
except operable automobiles) including, without limitation, the following: inoperable automobiles, golf
carts, commercial vehicles, recreational vehicles, all-terrain vehicles, ambulances, hearses, motorcycles,
motorbikes, bicycles, watercraft, aircraft, house trailers, camping trailers, other trailers, vehicles with
commercial markings, racks or tools in the bed and tractors shall be kept within an enclosed garage.
Overnight parking in the roadways by vans, pick-up trucks, passenger cars and sport utility vehicles used for
the primary purpose of transportation of passengers and their personal goods is prohibited from 12:00 a.m.
to 5 a.m. Such vans,pick-up trucks,passenger cars and sport utility vehicles may be parked in the parking lot
adjacent to the recreational amenity facilities for not more than 24 hours, with the prior written approval of
the Association. Bicycle racks are permitted on non-commercial vehicles. Garage doors must be kept
closed except when a vehicle must enter or exit the garage or for reasonable periods of time while the
Unit's occupant(s) use the garage for typical uses associated with a residential dwelling which are not in
conflict with the Governing Documents (for example, garage doors may be kept open while children are
playing in the front yard). Garage doors shall not be kept open when occupants or guests use the garage
for a party, consumption of alcohol or are listening to a television, radio, computer or other such device.
Any use of a motorcycle is limited to providing ingress/egress to a Parcel over roadways. All
motorcycles shall be equipped with effective sound muffling devices and must be parked in a garage
when not in use.
(B) No commercial vendor vehicle of any kind shall be permitted to be parked on a residential
Parcel for a period of more than twelve(12)daylight hours unless such vehicle is necessary and being used in
the actual construction or repair of a structure or for grounds maintenance. Commercial vendor vehicles may
not be parked in the Common Area overnight.
(C) None of the foregoing restrictions shall apply to commercial vehicles or other vehicles
which may be utilized by: the Developer, Builders and their contractors and subcontractors for purposes of
completing construction of the Community, Parcels and Units; the Association, its vendors and employees;
and any governmental authority,taxing district, private or public utility or SFWMD.
9.8 Exterior Colors. No exterior colors on any structure, nor the colors of driveways and walkways
shall be permitted that, in the sole judgment of the Architectural Reviewer, would be inharmonious or
incongruous with the remainder of the Community. Any future color changes,as described above,desired by
Owners must be first approved in writing by the Architectural Reviewer. The restrictions set forth in this
Section 9.8 shall not apply to the Developer or Builders.
9.9 Landscaping. All areas not covered by structures, walkways, paved parking facilities or areas
approved by the Association to be left in their natural state shall be maintained as lawn or landscape areas to
the pavement edge of any abutting roads or driveways, as applicable, and to the waterline of any abutting
lakes, canals or surface water management areas. All lawn and landscaped areas shall be kept in good and
living condition.
9.10 Driveways and Parking Areas. All driveways shall be constructed of concrete or paverstone.
The Owner shall be obligated to keep his driveway clean and well maintained.
9.11 Antennas and Flagpoles. Antennas and satellite dishes are prohibited, except that(a)antennas
or satellite dishes designed to receive direct broadcast satellite service which are one (1) meter or less in
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diameter; (b) antennas or satellite dishes designed to receive video programming services via multi-point
distribution services which are one(1)meter or less in diameter; or(c)antennas or satellite dishes designed to
receive television broadcast signals, ("Reception Device") shall be permitted, provided that the Reception
Device is located (i) inside the Unit, but not visible from outside the Unit; (ii) in the side or rear yard of the
Parcel and located on a post in the ground or in a side or rear flower bed, provided that the Reception Device
is no higher than 48"above the ground and is shielded from view from the street, lake or adjacent Unit with
landscape material. The side yard is the preferred location. Given the exposure that is needed, orientation
of a Unit and the location and size of an adjacent Unit, the Architectural Reviewer will allow a Reception
Device to be mounted to either side of a Unit under the eave area, provided a letter from the service
provider is submitted confirming this is the only location where the Owner can receive an acceptable
signal. A Reception Device mounted to the side walls of a Unit shall be a last resort in order to maintain
the community-wide aesthetic appearance. No Reception Device will be permitted on the roof of a Unit.
No Parcel may have more than one Reception Device located on the Parcel or attached to the Unit. The
Architectural Review Guidelines may contain additional restrictions on the location of Reception Devices.
The Architectural Reviewer may require that a Reception Device be painted in order to blend into the Unit.
A flagpole shall not be used as an antenna. The installation and display of flagpoles and flags shall be
subject to regulation by the Architectural Reviewer, but no Owner shall be prevented from displaying one
(1) portable, removable official United States flag or official flag of the State of Florida in a respectful
manner, or on Armed Forces Day, Memorial Day, Flag Day, Independence Day and Veterans Day, a
portable, removable US Army, Navy, Air Force, Marine Corps or Coast Guard flag. The permitted flags
shall not exceed 4.5' x 6'. Notwithstanding the foregoing, no one shall be permitted to display the United
States flag in a manner that violates: (i) Federal law or any rule or custom as to the proper display or use
of the United States flag; or (ii) any reasonable restriction pertaining to the time, place and manner of
displaying the flag. The restriction must be necessary to protect a substantial interest of the Association.
9.12 Outdoor Equipment. All bottled gas tanks, swimming pool equipment, and other such
outdoor equipment must be screened by landscaping or fenced-in areas so that they shall not be readily
visible from any adjacent roads. All trash containers shall be stored in the garage except on trash"pick up"
days. The Community shall be equipped with dual water lines, one (1) of which shall be designated to
utilize non-potable water. All underground irrigation systems must be connected to the non-potable water
line and all spigots on the exterior portion of a structure shall be connected to the potable water line.
9.13 Air Conditioning and Heating Equipment. All air conditioning and heating units shall be
shielded and hidden so that they shall not be readily visible from any adjacent roads or Units. Window or
wall air conditioning units are prohibited.
9.14 Solar Collectors. The Architectural Reviewer must approve the location of the materials used
in the construction of solar collectors.
9.15 Walls, Fences, Window Coverings, Play Equipment and Hurricane Shutters. Except for
walls installed by Developer, no wall shall be constructed on any Parcel. However, Party Walls are
permitted for Units. Owners may install fences and play equipment on Parcels, subject to specifications
adopted by the Architectural Reviewer. Owners may install hurricane shutters, subject to specifications
adopted by the Architectural Reviewer. The Architectural Reviewer shall have the authority to adopt
hurricane shutter specifications, which may include color, style, time periods in which shutters may be
kept closed, and other factors deemed relevant by the Architectural Reviewer. Laminated glass and
window film architecturally designed to function as hurricane protection which complies with the
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applicable building code, may be used in place of hurricane shutters, except that reflective window
coverings are prohibited.
9.16 Lighting. Except for seasonal decorative lights, the exterior lighting of a Parcel shall be
accomplished in accordance with a lighting plan approved in writing by the Architectural Reviewer.
Seasonal decorative lights may be displayed on Halloween and between the day after Thanksgiving and
January 10th only.
9.17 Developer. As used in this Section 9, when the Association's or the Architectural Reviewer's
approval is required, it shall, up to the Turnover Date, mean the "Developer's approval" (unless the
Developer has delegated its architectural review functions to the ARC or the Board of Directors). After the
Turnover Date, the Developer's approval shall also be required as long as the Developer owns a Parcel or
other property within the Community.
9.18 Clothes Drying Area/Clotheslines. No outdoor clothes drying area or clotheslines are
permitted.
9.19 Pools. Above ground pools are prohibited. Above ground spas are prohibited, unless
located within a screened lanai.
9.20 Subdivision of Parcels. Parcels shall not be further subdivided or separated by any Owner
other than the Developer or a Builder (in the case of a Builder, subject to Developer's prior written
consent). However, the preceding sentence shall not prevent corrective deeds or deeds to resolve
boundary disputes.
9.21 Hurricane Season. An Owner who intends to be absent from his Unit during the hurricane
season (June 1" through November 30th of each year) shall prepare his Parcel and Unit prior to his
departure by: removing all furniture, potted plants, and other movable objects from his yard; and
designating a person or firm, satisfactory to the Association,to care for his Unit should it suffer hurricane
damage. Such person or firm shall contact the Association for permission to install temporary hurricane
shutters, which may not be installed more than seventy-two (72)hours in advance of a hurricane and must
be removed within seventy-two (72) hours after the hurricane has passed. At no time shall hurricane
shutters be installed, without the prior written consent of the Architectural Reviewer.
9.22 Drones and Other Aerial Devices. No recreational drones or other aerial devices such as
motorized planes shall be flown or otherwise used in the Community. Commercial drones are permitted for
inspections of Units and real estate marketing videos. The Association, its contractors, vendors and agents,
may use commercial drones to carry out the Association's responsibilities pursuant to this Declaration and
for purposes related to the health,safety and welfare of the Community and its Owners.
9.23 Oil, Gas and Mineral Rights. The Developer makes no representations as to whether
ownership of a Parcel includes ownership of any oil,gas and mineral rights.
9.24 Developer Exemption. The Developer (including its contractors, subcontractors, agents
and employees), its Parcels and Units, are not subject to the restrictions, but shall be entitled to the
protections and exemptions, set forth in this Section 9.
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9.25 Additional Restrictions; Exhibits. The Community, including the Common Area, Parcels
and Units, are subject to those restrictions set forth in the exhibits attached hereto.
10. DEVELOPER'S AND ASSOCIATIONS EXCULPATION. The Association and the Developer may
grant, withhold or deny their permission or approval in any instance where their permission or approval is
permitted or required without incurring liability of any nature to the Owners or any other person for any
reason whatsoever. Any permission or approval granted shall be binding upon all persons. The Developer
and the Association shall have no liability with regard to the enforcement or non-enforcement of the
covenants, conditions, and restrictions in the Governing Documents.
11. ENFORCEMENT OF COVENANTS AND ABATEMENT OF VIOLATIONS. Every Owner and the
Owner's Family members, Tenants, Guests and invitees shall at all times comply with all the covenants,
conditions and restrictions of the Governing Documents. All violations of the Governing Documents shall
be reported immediately to the Association's property manager. Before undertaking any remedial,
disciplinary or enforcement action against a person alleged to be in violation, the Association shall give the
alleged violator reasonable written notice of the alleged violation, except in emergencies. Disagreements
concerning violations, including, without limitation, disagreements regarding the proper interpretation and
effect of the Governing Documents, shall be presented to and determined by the Board of Directors, whose
interpretation and/or whose remedial action shall control. If any person, firm or entity subject to the
Governing Documents fails to abide by them, as they are interpreted by the Board of Directors, then the
Association,Developer or any Member shall have the ability to take any action to compel compliance as set
forth below.
11.1 Legal Action. Pursuant to Section 720.305 of the Act,judicial enforcement of the Governing
Documents and the Act against the Association, Members, any Tenants, Guests and invitees occupying a
Parcel or using the Common Area and Directors and officers who willfully and knowingly fails to comply
with the Governing Documents and the Act shall be by any proceeding at law or in equity, to restrain the
violation and/or to recover damages, or against the land to enforce any lien created by these covenants; and
failure by the Association or any Owner to enforce any covenant or restriction herein contained shall in no
event be deemed a waiver of the right to do so thereafter. If such action is instituted, the prevailing party
shall, in addition, be entitled to recover its costs and attorney's fees incurred in enforcing the Governing
Documents and the Act. Except as expressly set forth in the Act, other statute or Section 11.4 below, there
shall be no entitlement to an award of prevailing party costs and attorney's fees. Certain disputes must be
submitted to dispute resolution procedures conducted by the Division of Florida Condominiums,
Timeshares and Mobile Homes ("Division") as more particularly set forth in Section 720.311 of the Act.
Pursuant to Section 720.303(1) of the Act, before commencing litigation against any party (including the
Developer or its directors, officers, agents and employees, or against any directors or officers of the
Association appointed by the Developer prior to the Turnover Date) in the name of the Association
involving amounts in controversy in excess of$100,000.00, the Association must obtain the affirmative
approval of a majority of the Voting Interests at a Members' meeting at which a quorum has been
attained. The requirement in the preceding sentence is in addition to those set forth in Section 11.4
below.
11.2 Entry by Association and/or the Developer. Violation of any conditions or restrictions, or
breach of any covenant, herein contained or in any of the Governing Documents, shall also give the
Developer, its successors and assigns, and/or the Association and its authorized agent or representative, in
addition to all other remedies,the right to enter upon the Parcel where such violation or breach exists and in
the event of an emergency, summarily abate and remove, at the expense of the Owner any construction or
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other violation that may be or exist thereon. The Developer, its successors and assigns and/or the
Association and its authorized agents or representatives shall not thereby become liable in any manner for
trespass,abatement or removal.
11.3 Fines. The Board of Directors may impose a fine or fines against an Owner for failure of the
Owner, his Family, Guests, invitees, Tenants, or agents of any of the foregoing, to comply with any
covenant, restriction, rule, or regulation contained herein or promulgated pursuant to the Governing
Documents. Fines shall not be secured by a lien against the Parcel, unless permitted by the Act. Fines may
be levied in accordance with the procedures set forth in the Bylaws and the Act.
11.4 Alternative Method for Resolving Disputes with the Developer and Developer Appointees.
In any dispute ("Claim") between the Association, or any Owner, Tenant, Guest, occupant or invitee
against the Developer or its directors, officers, agents and employees, or against any directors or officers
of the Association appointed by the Developer prior to the Turnover Date, mediation and then final and
binding arbitration shall apply. The procedures set forth in subsections (A) through (E) below shall
apply, except in the case of a Claim alleging a construction defect brought against the Developer by the
Association, that is governed by Chapter 558 Florida Statutes, in which case the procedures set forth in
subsections (A)through(E) shall be modified as described in subsection(G):
(A) Any party having a Claim ("Claimant") against the other party ("Respondent") shall
notify the Respondent in writing("Notice"), stating plainly and concisely:
(1) the nature of the Claim, including the persons involved and the Respondent's role in the
claim;
(2) the legal basis of the Claim(i.e.,the specific authority out of which the Claim arises);
(3) Claimant's proposed remedy; and
(4) that Claimant will meet with Respondent to discuss in good faith ways to resolve the
Claim.
(B) The parties shall make every reasonable effort to meet in person and confer for the purpose
of resolving the Claim. If the parties do not resolve the Claim within thirty (30) days of the date of the
Notice (or within such other period as may be agreed to by the parties), Claimant shall have ten(10)days in
which to submit the Claim to mediation under the auspices of a mediator certified by the applicable Judicial
Circuit. If Claimant does not submit the Claim to mediation within such time, or does not appear for the
mediation conference, Claimant shall be deemed to have waived the Claim, and Respondent shall be
released and discharged from any and all liability to Claimant on account of such Claim; provided, nothing
herein shall release or discharge Respondent from any liability to any person other than the Claimant. Any
settlement of the Claim through mediation shall be documented in writing by the mediator and signed by the
parties.If the parties do not settle the Claim at the mediation conference,the mediator shall issue a notice of
an impasse and the date the mediation was terminated. The mediation conference shall occur within sixty
(60)days of the Notice unless the parties agree to an extension.
(C) If the mediation results in an impasse, then either party shall have ten (10) additional days
in which to submit the Claim to fmal and binding arbitration in accordance with the Construction Industry
Arbitration Rules of the American Arbitration Association ("AAA"), in the case of a construction defect
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claim and the Federal Arbitration Act (Title 9 of the United States Code). If not timely submitted to
arbitration or if the Claimant does not appear for the arbitration hearing, Claimant shall be deemed to have
waived the Claim,and Respondent shall be released and discharged from any and all liability to Claimant on
account of such Claim; provided, nothing herein shall release or discharge Respondent from any liability to
any person other than the Claimant. This subsection (C) is an agreement to arbitrate and is specifically
enforceable under Chapter 682, Florida Statutes. The arbitration award shall be final and binding, and
judgment may be entered upon it in any court of competent jurisdiction to the fullest extent permitted under
the laws of the State of Florida.
(D) In any dispute under this Section 11.4, the parties shall share the fees and costs associated
with mediation. In the case of arbitration, the prevailing party shall not be entitled to judgment for its
reasonable attorney's fees and costs incurred, except as expressly set forth in the Act, other statute or this
Section 11.4.
(E) If the parties agree to a resolution of any Claim through negotiation, mediation or
arbitration under this Section 11.4, and any party thereafter fails to abide by the terms of such agreement, or
if any party fails to comply with an arbitrator's final order, then any other party may file suit in a court of
competent jurisdiction to enforce such agreement or final order without the need to again comply with the
procedures set forth above. In such event, the party taking action to enforce the agreement or final order
shall be entitled to recover from the non-complying party (or if more than one (1) non-complying party,
jointly and severally), all costs incurred in enforcing such agreement or final order, including, without
limitation,reasonable attorney's fees and costs.
(F) This Section 11.4 shall not apply to a dispute between an Owner and the Developer
concerning the purchase and sale and construction of a Parcel or Unit. Those disputes shall be governed by
the provisions of any purchase and sale agreement or construction agreement.
(G) In the case of a Claim alleging a construction defect brought against the Developer or a
Builder by the Association that is governed by Chapter 558, Florida Statutes, the parties to the dispute
shall follow the procedures set forth therein. If the Claimant has followed the procedures set forth in
Chapter 558,Florida Statutes, and is entitled to proceed with an"action"(as defined therein)the Claimant
shall then have ten (10) days in which to submit the Claim to final and binding arbitration as described in
subsections(C)through(E)above.
12. LEASING, CONVEYANCE, DISPOSITION. In order to maintain a community of congenial,
financially responsible residents with the objectives of inhibiting transiency, protecting the value of Parcels
and facilitating the development of a stable, quiet community and peace of mind for all residents,the Lease,
and transfer of ownership of a Parcel by an Owner shall be subject to the following restrictions,which each
Owner covenants to observe(except for the exceptions set forth in Section 12.5 below):
12.1 Forms of Ownership:
(A) A Parcel may be owned by one (1)natural person who has qualified and been approved as
elsewhere provided herein.
(B) Co-Ownership. Co-ownership of Parcels may be permitted. If the proposed co-Owners are
other than husband and wife or two (2) individuals who reside together as a single housekeeping unit, they
shall designate two(2) individuals as the "Primary Occupants". The use of the Parcel by persons other than
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the Primary Occupants shall be as though the Primary Occupants were the only actual Owners. The intent
of this provision is to permit multiple Owners, but to prohibit short term,transient use by several individuals
or families. Any change in the Primary Occupants shall be treated as a transfer of ownership by sale or gift,
subject to all of the provisions of this Section. No more than one (1) such change may be made in any
twelve(12)month period.
(C) Ownership by Corporations, Partnerships or Trusts. A Parcel may be owned in trust, or by
a corporation, partnership or other entity which is not a natural person, if approved in the manner provided
for other transfers or title. However, the intent of this provision is to allow flexibility in estate, financial or
tax planning, and not to create circumstances in which the Parcel may be used as short term transient
accommodations for several individuals or families. A trust, corporation or other entity shall designate two
(2) individuals as the "Primary Occupants". The use of the Parcel by persons other than the Primary
Occupants shall be as though the Primary Occupants were the only actual Owners. Any change in the
Primary Occupants shall be treated as a transfer of ownership by sale or gift, subject to all the provisions of
this Section 12. No more than one (1) such change may be made in any twelve (12) month period. The
Developer and Builders shall not be obligated to designate Primary Occupants.
(D) Life Estate. A Parcel may be subject to a life estate, either by operation of law or by
voluntary conveyance. In that event, the life tenant shall be the only Member from such Parcel, and
occupancy of the Parcel shall be as if the life tenant were the only Owner. Upon termination of the life
estate,the holders of the remainder interest shall have no occupancy right unless separately approved by the
Association. The life tenant and holders of the remainder interest shall be jointly and severally liable for all
Assessments and charges against the Parcel. The life tenant may, by signed agreement, transfer the right to
vote in all Association matters to any one remainderman, subject to approval by the Association of such
arrangement. Except in the case where such a transfer has been made, if the consent or approval of the
Owner is required for any purpose,that consent or approval of the holders of the remainder interest shall not
be required.
12.2 Transfers and Leases. Prior to the conveyance or transfer of title to a Parcel or lease of a Unit,
it shall be the Owner's responsibility to provide the purchaser or Tenant with the complete set of Governing
Documents and any other documents required by law.
(A) Lease, Sale or Gift. No Owner may effectively convey or transfer title to a Parcel or any
interest therein by sale or gift without notification to the Association. In addition,no Owner may effectively
lease a Unit without the prior written approval of the Board of Directors.
(B) Devise or Inheritance. If any Owner acquires his title by devise or inheritance,he shall provide
the Association with written notice as set forth in Section 12.3 herein.
12.3 Procedures.
(A) Notice to Association.
(1) Lease, Sale or Gift. An Owner intending to lease his Unit or sell or make a gift of his Parcel or
any interest therein, shall provide to the Board of Directors or its designee, written notice of such intention
at least twenty (20) business days prior to the first date of occupancy pursuant to the proposed Lease or the
date of closing, together with a copy of the purchase and sale agreement or Lease, and the name, and
address of the proposed Tenant, purchaser or donee and such other information as the Board of Directors
4834-5090-0468, v. 1 34
� 6A21
may reasonably require. The Association may charge a transfer fee in connection with processing each
application.
(2) Devise or Inheritance. The transferee must notify the Association of his ownership and submit
to the Association a certified copy of the instrument evidencing his ownership and such other information as
the Board of Directors may reasonably require. The transferee shall have no occupancy right unless
approved by the Board of Directors, but may sell or lease the Parcel in accordance with the procedures
provided in this Declaration.
(3) Failure to give Notice. If no notice is given, the Association at its election may approve or
disapprove the Lease without prior notice. If it disapproves, the Association shall proceed as if it received
notice on the date of such disapproval;however,the proposed transferee may provide the Board of Directors
with the required notice and request reconsideration. The Association shall not have the authority to
disapprove a proposed conveyance or other transfer.
(B) Within twenty (20) business days of receipt of the required notice and all information
requested, the Board of Directors shall approve or disapprove the Lease, and shall approve the conveyance
or transfer. When the conveyance,transfer or Lease is approved,the approval shall be stated in a Certificate
of Approval executed by the President, Vice-President or property manager of the Association (in
recordable form for a conveyance or transfer) and delivered to the purchaser, transferee or Tenant. If the
Board of Directors neither approves or disapproves within twenty (20) business days, such failure to act
shall be deemed the equivalent of approval, and on demand the Board of Directors shall issue a Certificate
of Approval to the Owner, purchaser or transferee.
(C) Disapproval of Leases.
(1) The Board of Directors may disapprove a proposed Lease only if a majority of the whole
Board of Directors votes to disapprove the Lease unless the authority to disapprove a Lease has been
delegated to an Association officer. Only the following shall be deemed to constitute good cause:
(a) The person seeking approval has been convicted of a felony involving violence to persons
or property,or a felony demonstrating dishonesty or moral turpitude;
(b) The person seeking approval has a record of financial irresponsibility, including without
limitation prior bankruptcies,foreclosures,or bad debts;
(c) The application for approval on its face indicates that the person seeking approval intends
to conduct himself in a manner inconsistent with the Governing Documents and any other covenants and
restrictions applicable to the Community;
(d) The person seeking approval has a history of disruptive behavior or disregard for the rights
and property of others as evidenced by his conduct in other social organizations or associations, or by his
conduct as a Tenant,Owner or occupant of a Unit; or
(e) The person seeking approval failed to provide the information and appearance required to
process the application in a timely manner.
4834-5090-0468,v. 1 35
16A21
(f) The Owner is delinquent on Assessments and/or other sums owed to the Association at the
time of application.
12.4 Leasing. Only entire Units may be leased. The minimum leasing period is 30 days and the
maximum leasing period is one year. No Unit may be leased more than 3 times in any 1 calendar year. For
purposes of this restriction,the first day of occupancy under the Lease shall conclusively determine in which
year the Lease occurs. All Leases must and shall be deemed to contain the agreement of the Tenant(s) to
abide by all of the restrictions contained in the Governing Documents and shall be deemed to provide that a
violation thereof is grounds for damages, termination and eviction and that the Tenant(s) and the Owner
agree that the Association may proceed against either the Owner or the Tenant(s) and that the Owner or the
Tenant(s) shall be responsible for the Association's costs and expenses, including attorney's fees and costs,
secured by a lien against the Parcel.
12.5 Exceptions With Respect to the Developer and Institutional Mortgagees. The provisions of
this Section 12 are not applicable to the lease of a Unit or the sale or transfer of title of a Parcel by the
Developer to any person. Except for Section 12.4, the provisions of this Section 12 are not applicable to
the acquisition of title to a Parcel by an Institutional Mortgagee which acquires title through the
Institutional Mortgage, whether by foreclosure or deed in lieu of foreclosure, nor to the subsequent lease
of a Unit or the resale or transfer of title of a Parcel by such Institutional Mortgagee, but shall apply to the
lease of a Unit or the acquisition of title of a Parcel by any other person.
12.6 Unapproved Leases. Any Lease which is not approved pursuant to the terms of this
Declaration shall be void unless subsequently approved in writing by the Board of Directors.
13. DEVELOPER'S AND BUILDERS' RIGHTS AND DUTIES: Until the Developer and Builders have
completed all of the contemplated improvements, have conveyed all of the Parcels that may be subjected to
this Declaration to Owners other than Builders, and are not leasing a Unit from an Owner, the following
shall apply,notwithstanding any other provisions to the contrary.
13.1 Developer's and Builders' Use. Neither the Owners nor the Association, nor their use of the
Parcels, Units, or Common Area shall interfere with the completion of the contemplated improvements,
leases of Units or sales and conveyances of Parcels by the Developer and Builders. The Developer may
make any use of Parcels, Units and Common Area as may reasonably be expected to facilitate completion,
sales and conveyances of Parcels, including, but not limited to, maintenance of sales offices and
construction trailers, display of signs, use of parking areas, leasing of Units, and showing Parcels,Units and
the remainder of the Community to prospective purchasers and Tenants. With the prior written approval of
the Developer, Builders may make any use of unsold Parcels and Units as may reasonably be expected to
facilitate completion and sales, including, but not limited to, maintenance of sales offices and construction
trailers, display of signs, use of parking areas, leasing of Units, and showing Parcels, Units and the
remainder of the Community to prospective purchasers and Tenants. The Developer may utilize any
Parcels, Common Area, model homes, construction trailers, sales offices, parking areas, etc., for use in
marketing developments other than the Community, regardless of the location of such developments. The
Developer and Builders (including their agents, designees, contractors, successors and assigns) shall have
the right, in their sole discretion, to enter the Community through all access points, including the main,
construction and any other entrance or other area, whether or not gated, and during all construction hours
set by Collier County.
4834-5090-0468, v. 1 36
i6A21
13.2 Assignment of Development Rights. All or any portion of the rights, privileges, powers and
duties of the Developer set forth in the Governing Documents may be assigned by the Developer to any
person or entity,without the consent of any other Owner or any holder of a mortgage secured by any Parcel.
In the event of such assignment (other than to a mortgagee or its successors or assigns), the assignee shall
assume such rights, powers and duties, and the Developer shall be relieved of all further liability or
obligation, but only to the extent of the assignment.
14. DURATION OF COVENANTS: AMENDMENT OF DECLARATION:
14.1 Duration of Covenants. The covenants, conditions and restrictions of this Declaration shall
run with and bind the Community, and shall inure to the benefit of and be enforceable by the Association,
the Developer, Builders and any Owner,their respective legal representatives, heirs, successors and assigns,
for an initial period to expire on the thirtieth(30`11) anniversary of the date of recordation of this Declaration
(as amended to that date by the Developer or the Members as provided elsewhere herein). Upon the
expiration of the initial period, this Declaration shall be automatically renewed and extended for successive
ten (10) year periods. The number of ten (10) year renewal periods hereunder shall be unlimited, with this
Declaration being renewed and extended upon the expiration of each ten (10) year renewal period for an
additional ten (10) year period; provided, however, that there shall be no renewal or extension of this
Declaration if during the last year of the initial period,or during the last year of any subsequent ten(10)year
renewal period, ninety percent(90%) of Voting Interests, at a duly held meeting of Members, vote in favor
of terminating this Declaration at the end of its then current term. It shall be required that written notice of
any meeting at which such proposal will be considered, shall be given at least forty-five (45) days in
advance of said meeting. If the Members vote to terminate this Declaration, the President or Vice President
of the Association shall execute a certificate with the formalities of a deed, which shall set forth the Book
and Page of the Public Records of Collier County, Florida in which this Declaration is recorded, the
resolution of termination so adopted, the date of the meeting of the Association, the total number of votes
cast in favor of such resolution and the total number of votes cast against such resolution. Said certificate
shall be recorded in the Public Records of Collier County, Florida, and may be relied upon for the
correctness of the facts contained therein as they relate to the termination of this Declaration.
14.2 Proposal. Subsequent to the Turnover Date, amendments to this Declaration may be proposed
at any time by the Board of Directors or by written petition signed by one-third(1/3)of the Voting Interests.
If by petition,the proposed amendments must be submitted to a vote of the Members not later than the next
annual meeting. A proposal to amend this Declaration must contain the full text of the provision to be
amended and may not be revised or amended by reference solely to the title or number. Proposed new
language must be underlined, and proposed deleted language must be stricken. If the proposed change is
so extensive that underlining and striking through language would hinder, rather than assist, the
understanding of the proposed amendment, a notation must be inserted immediately preceding the
proposed amendment in substantially the following form: "Substantial rewording. See Declaration for
current text." An immaterial error or omission in the amendment process does not invalidate an otherwise
properly adopted amendment.
14.3 Vote Required. Except as otherwise provided by law, or by specific provision of the
Governing Documents,this Declaration may be amended if the proposed amendment is approved by at least
two-thirds (2/3) of the Voting Interests, provided that the text of each proposed amendment has been given
to the Members with notice of the meeting.
4834-5090-0468,v. 1 37
16AZ1
14.4 Certificate; Recording. A copy of each amendment shall be attached to a certificate that the
amendment was duly adopted as an amendment to this Declaration,which certificate shall identify the Book
and Page of the Public Records in which this Declaration is recorded, and shall be executed by the President
or Vice President of the Association with the formalities of a deed. The amendment shall be effective when
the certificate is recorded in the Public Records of Collier County,Florida.
14.5 Limitation on Amendments to Governing Documents. As long as the Developer holds title to
any Parcel or property in the Community,no amendment adopted by the Members shall be effective without
the prior written consent and joinder of the Developer, which consent may be denied in the Developer's
discretion. No amendment shall be effective which alters the rights and privileges of the Developer, a
Builder, an Institutional Mortgagee, SFWMD, any governmental authority, taxing district, or a public or
private utility, unless such party shall first provide its written consent and joinder. Any amendment
proposed to the Governing Documents which would affect the Surface Water Management System, and any
other Conservation Areas or mitigation areas shall be submitted to SFWMD for a determination of whether
the amendment necessitates a modification of the SFWMD permit. If a modification is necessary, SFWMD
will so advise the permittee. The amendment affecting the Surface Water Management System may not
be finalized until necessary permit modification is approved by SFWMD or the Association is advised
that a modification is not necessary. Any amendment to any of the provisions governing the following
shall also require approval of fifty-one percent (51%) of the Eligible Mortgage Holders holding mortgages
on Parcels in the Community: hazard or fidelity insurance requirements; restoration or repair of any
Common Area (after damage or partial condemnation) in a manner other than that specified in this
Declaration; and any provisions that expressly benefit mortgage holders, insurers or guarantors. An
"Eligible Mortgage Holder" is an Institutional Mortgagee that provides a written request to the Association
to be considered an Eligible Mortgage Holder (such request to state the name and address of such holder,
insurer, or guarantor and the Parcel). An Eligible Mortgage Holder will be entitled to timely written
notice of: any condemnation loss or any casualty loss which affects a material portion of the Community
or which affects any Parcel on which there is an Institutional Mortgage held, insured, or guaranteed by
such Eligible Mortgage Holder; any delinquency in the payment of Assessments or charges owed by an
Owner of a Parcel subject to the mortgage of such Eligible Mortgage Holder, where such delinquency has
continued for a period of sixty (60) days, provided, however, notwithstanding this provision, any
Institutional Mortgagee, upon request, is entitled to written notice from the Association of any default in
the performance by an Owner of a Parcel of any obligation under the Governing Documents which is not
cured within sixty (60) days; any lapse, cancellation, or material modification of any insurance policy
maintained by the Association; any proposed action which would require the consent of a specified
percentage of Eligible Mortgage Holders; or any "material amendments" and "extraordinary actions", as
such terms are defined in applicable requirements of the Veterans Administration. A majority of
Institutional Mortgagees may demand that the Association retain professional management and obtain an
audit of the Association's financial records. No amendment shall materially or adversely alter the
proportionate Voting Interest appurtenant to a Parcel or increase the proportion or percentage by which a
Parcel shares in the liability for Assessments unless the Owner and all record owners of liens on the Parcels
join in the execution of the amendment. A change in the quorum requirement is not an alteration of Voting
Interests. No amendment shall convert a Parcel into Common Area or redefine a Parcel's boundaries unless
the Association obtains the prior written consent and joinder, in recordable form, of that Owner and all
holders of a lien against that Parcel.
14.6 Developer Amendment of Documents. In addition to any other right of amendment or
modification provided for in this Declaration, to the extent permitted by law, the Developer, or any entity
which succeeds to its position as the Developer of the Community, may, in its sole discretion, by an
4834-5090-0468,v. 1 38
6 * 21
instrument filed of record, unilaterally modify, enlarge, amend, waive or add to the provisions of this
Declaration or any of its recorded exhibits. Any amendment made pursuant to this paragraph may be made
without notice to the Members or to any other entity.
15. TURNOVER. Members other than the Developer are entitled to elect one (1) Director pursuant to
Section 720.307(2) of the Act (i.e. when fifty percent (50%) of all Parcels in the Community that
ultimately will be operated by the Association have been conveyed to Members other than the Developer).
Members other than the Developer are entitled to elect a majority of the Board of Directors three(3)months
after ninety percent (90%) of all Parcels in the Community that ultimately will be operated by the
Association have been conveyed to Members other than the Developer. For purposes of this Section, the
term "Members other than the Developer" shall not include Builders. Pursuant to Section 720.307 of the
Act, the Developer shall be entitled to elect (appoint) at least one (1) member of the Board of Directors as
long as the Developer holds for sale in the ordinary course of business at least five percent (5%) of the
Parcels in all phases of the Community. The Developer may turn over control of the Board of Directors
prior to the Turnover Meeting by causing all of its appointed Directors to resign, whereupon it shall be the
affirmative obligation of Members other than the Developer and Builders to elect Directors and assume
control of the Association, provided that the Developer has provided at least thirty (30) days' notice to the
Members.
16. GENERAL PROVISIONS.
16.1 Waiver. Any waiver by the Developer of the breach of any provisions of this Declaration
must be in writing and shall not operate or be construed as a waiver of any other provision or of any
subsequent breach.
16.2 Severability. If any section, subsection, sentence, clause, phrase or portion of this Declaration
or any of its recorded exhibits is, for any reason, held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect
the validity of the remaining portions.
16.3 Headings. The headings of the Sections herein are for convenience only, and shall not affect
the meaning or interpretation of the contents thereof.
16.4 Notices. Any notice required to be sent to any Owner other than the Developer under the
provisions of this Declaration or the Bylaws, shall be deemed to have been properly sent when mailed,
postpaid,to the last known address of the person who appears as Owner on the records of the Association at
the time of such mailing. The Owner bears the responsibility for notifying the Association of any change of
address. Any notice sent to the Developer shall be sent by certified or registered mail, return receipt
requested to Pulte Home Company, LLC, Attn: Scott Brooks, 24311 Walden Center Drive, Suite 300,
Bonita Springs,FL 34134.
16.5 Interpretation. The Board of Directors is responsible for interpreting the provisions of this
Declaration and its exhibits. Such interpretation shall be binding upon all parties unless wholly
unreasonable.
4834-5090-0468,v. 1 39
16A21
IN WITNESS WHEREOF, the Developer does hereby execute this Declaration of Covenants, Conditions
and Restrictions on the day and year set forth below.
In the Presence of: PULTE HOME COMPANY,a Michigan limited
liability company
,12V/) By: —
anted Kam: ,I I Scott Brooks
Its: Director-Land Development
Southwest Florida Division
, -4a - ae
Printed name: i c
STATE OF FLORIDA
COUNTY OF LEE
The foregoing instrument was acknowledged before me this /I day of , t I,- , 2022, by ( )
physical presence or( ) online notarization, by Scott Brooks, as Director-Landopment, Southwest
Florida Division of Pulte Home Company, LLC, a Michigan limited liability company. He is personally
known to me.
MY COMMISSION#HRH 1184227 N Pul lic State of Floridai
a EXPIRES:November 15,2025 Print Name ✓ii(C6//e1i IL l,m 1
'fa;r . Bonded Thu Notary Pubric Underwitars Serial No.
(SEAL) A My Commission Expires:
4
4834-5090-0468,v.1
OR 6060 PG 2176
t ' A Z 1
EXHIBIT "A"
Parcel 1
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF
COLLIER, LYING IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, BEING
FURTHER B.O . ED AND DESCRIBED AS FOLLOWS:
COMMENCIN NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF
SAID SECTION 3.4, T SCE N.89 DEGREES 49'46"W., ALONG THE NORTH LINE OF
SAID SOUTHEAST U " TrR FOR 1,321.20 FEET TO THE INTERSECTION OF THE EAST
LINE OF BLACK BEAR RIDGE - PHASE 1, RECORDED IN PLAT BOOK 43, PAGE 89
THROUGH 92 PUBLIC.REC`• ' •S OF COLLIER COUNTY, FLORIDA, THENCE S.02
DEGREES 16'18'E., ALONG S D EAST LINE, FOR 30.03 FEET TO THE SOUTH LINE OF
THE LANDS DESCRIBED`D' OFFICIAL RECORDS BOOK 5273, PAGES 2488 THROUGH
2490 OF SAID PUBLIC RECO . ND THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL;
THENCE S.89 DEGREES 49'46"E., AyiSNOSAID SOUTH LINE, FOR 326.80 FEET;
THENCE S 80 DEGREES 14'19"E., AL,fd'4G AID SOUTH LINE, FOR 300.10 FEET TO THE
SOUTHWEST CORNER OF PARCEL 0' B-;`AS DESCRIBED IN OFFICIAL RECORDS
BOOK 3902,PAGES 2677 THROUGH 26794ID PUBLIC RECORDS;
THENCE S.89 DEGREES 52'50"E., ALONG TI SOUTH LINE OF SAID PARCEL 133B,
FOR 281.76 FEET TO A POINT OF CURVAT `': _
THENCE SOUTHWESTERLY 40.34 FEET ALONGG CIE ARC OF A NON-TANGENTIAL
CURVE TO THE LEFT HAVING A RADIUS Or 2...011 FEET THROUGH A CENTRAL
ANGLE OF 92 DEGREES 27'09" AND BEING SUB 6,40 BY A CHORD WHICH BEARS
S.43 DEGREES 58'12"W, FOR 36.10 FEET; '
THENCE S.02 DEGREES 15'22"E.,FOR 609.72 FEET TQOINT OF CURVATURE;
THENCE SOUTHWESTERLY 101.96 FEET ALONG THE ARC�F�A TANGENTIAL CURVE
TO THE RIGHT HAVING A RADIUS OF 100.00 FEET THR) GRI A CENTRAL ANGLE OF
58 DEGREES 25'08" AND BEING SUBTENDED BY A 'C,I O ;',WHICH BEARS S.26
DEGREES 57'03"W. FOR 97.60 FEET;
THENCE S.56 DEGREES 09'37"W.,FOR 68.05 FEET TO A POIIJIRVATURE;
THENCE SOUTHWESTERLY 90.37 FEET ALONG THE ARC OF AEI' . NTIAL CURVE
TO THE LEFT HAVING A RADIUS OF 120.00 FEET THROUGH A CEN I L ANGLE OF
43 DEGREES 08'55" AND BEING SUBTENDED BY A CHORD "BEARS S.34
DEGREES 35'16"W. FOR 88.25 FEET;
THENCE S.13 DEGREES 00'49"W.,FOR 264.47 FEET TO A POINT OF CURVATURE;
THENCE SOUTHEASTERLY 124.98 FEET ALONG THE ARC OF A TANGENTIAL CURVE
TO THE LEFT HAVING A RADIUS OF 475.00 FEET THROUGH A CENTRAL ANGLE OF
15 DEGREES 04'32" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.05
DEGREES 28'32"W. FOR 124.62 FEET;
THENCE S.02 DEGREES 03'44"E., FOR 17.94 FEET TO A POINT OF CURVATURE;
THENCE SOUTHEASTERLY 38.64 FEET ALONG THE ARC OF A NON-TANGENTIAL
CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET THROUGH A CENTRAL
Page 3 of 5
OR 6060 PG 2177 16 A 2 I
ANGLE OF 88 DEGREES 33'23" AND BEING SUB TENDED BY A CHORD WHICH BEARS
S.45 DEGREES 33'05"E. FOR 34.91 FEET TO A POINT OF CUSP AND THE NORTH LINE
OF MISSION HILLS SHOPPING CEN 1ER, AS RECORDED IN PLAT BOOK 41, PAGES 26
THROUGH 29, OF SAID PUBLIC RECORDS;
THENCE N.89 DEGREES 49'45"W.,ALONG SAID NORTH LINE FOR 654.66 FEET TO THE
EAST LINE OF THiE AFORESAID BLACK BEAR RIDGE- PHASE1;
THENCE N.02 FREES 16'18"W.,ALONG SAID EAST LINE,FOR 1,308.40 FEET TO THE
POINT OF BEG Q OF THE PARCEL DESCRIBED HEREIN.
,n
J
Parcel 2
Together with the Signage Eas`ment dated August 9, 2021, by and between WE HAVE
ARRIVED, LLC, a Florida ARRIVED, liability company and Encompass Health Rehabilitation
Hospital of Naples, LLC, a D aware 1,imited liability company, as described in and recorded on
August 16, 2021 in Official Recos nook 5997, Page 2174, of the Public Records of Collier
County,Florida. / '`
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Parcel 3
Together with the Lift Station Easement by and between WE HAVE ARRIVED, LLC, a Florida
limited liability company and Encompass HeaIt�,la kelaabilitation Hospital of Naples, LLC, a
Delaware limited liability company, dated December�7 0 and recorded on December 8, 2020
in Official Records Book 5856,Page 2004, of the Pecords of Collier county, Florida.
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i[)� I certify the attached is a true and correct copy of the Articles of Incorporation of SONOMA OAKS HOMEOWNERS ASSOCIATION, INC. , a Florida "P.A0
el corporation, filed on January 18, 2022 , as shown by the records of this
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number H22000021832 . This certificate is issued in accordance with ,~
V section 15 . 16, Florida Statutes, and authenticated by the code noted iiibelow XV�
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Given under my hand and the �N
Great Seal of the State of Florida,
at Tallahassee, the Capital, this the V
VK `o '•*-t—i. Nineteenth day of January, 2022
NI?,LI PVC
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,or .
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16 *21
(((H22000021832 3)))
ARTICLES OF INCORPORATION
FOR
SONOMA OAKS HOMEOWNERS ASSOCIATION,INC.
4850-2736-8948,V. 1 (((H22000021832 3)))
I6A21
(((H22000021832 3)))
TABLE OF CONTENTS
FOR
ARTICLES OF INCORPORATION
OF
SONOMA OAKS HOMEOWNERS ASSOCIATION,INC.
PAGE NO.
ARTICLE I 1
NAME 1
ARTICLE II 1
DEFINITIONS 1
ARTICLE III 1
PURPOSE AND POWERS 1
ARTICLE IV 2
MEMBERSHIP 2
ARTICLE V 3
TERM: 3
ARTICLE VI 3
BYLAWS 3
ARTICLE VII 3
DIRECTORS AND OFFICERS 3
ARTICLE VIII 4
AMENDMENTS 4
ARTICLE IX 4
INDEMNIFICATION 4
ARTICLE X 5
INCORPORATOR 5
ARTICLE XI 5
REGISTERED OFFICE AND REGISTERED AGENT 5
4850-2736-8948,v. 1
(((1122000021832 3)))
(((H22000021832 3))) 1
ARTICLES OF INCORPORATION
SONOMA OAKS HOMEOWNERS ASSOCIATION,INC.
Pursuant to Section 617.02011, Florida Statutes, the undersigned hereby executes these Articles of
Incorporation for the purpose of forming a corporation not for profit under Chapter 617,Florida Statutes,the
Florida Not-For-Profit Corporation Act.
ARTICLE I
NAME: The name of the corporation, herein called the "Association", is Sonoma Oaks Homeowners
Association,Inc.,and its address is c/o Pulte Home Company,LLC,24311 Walden Center Drive, Suite 300,
Bonita Springs,FL 34134.
ARTICLE II
DEFINITIONS: The definitions set forth in Section 720.301, Florida Statutes (2021) shall apply to terms
used in these Articles, unless otherwise defined in the Declaration of Covenants, Conditions and
Restrictions for Sonoma Oaks("Declaration").
ARTICLE III
PURPOSE AND POWERS: The purpose for which the Association is organized is to provide an entity
pursuant to the Florida Not-For-Profit Corporation Act and Chapter 720, Florida Statutes(the"Act")for the
operation of the Community. The Association is organized and shall exist on a non-stock basis as a
corporation not for profit under the laws of the State of Florida, and no portion of any earnings of the
Association shall be distributed or inure to the private benefit of any Member, Director or officer. For the
accomplishment of its purposes,the Association shall have all of the common law and statutory powers and
duties of a corporation not for profit and of a homeowners' association under the laws of the State of
Florida, except as expressly limited or modified by the Governing Documents; and it shall have all of the
powers and duties reasonably necessary to operate the Community pursuant to the Governing Documents as
they may hereafter be amended, including,but not limited to the following:
(A) To make and collect Assessments against the Members to defray the costs,
expenses and losses of the Association,and to use the funds in the exercise of its powers and duties.
(B) To protect, maintain, repair, replace and operate the Common Area, including (i)
rights-of-way,roads, street or access easements; (ii)utility easements/tracts or facilities; (iii)conservation or
preservation easements/areas; (iv)common landscape areas;and(v)recreational areas, if any.
(C) To purchase insurance for the protection of the Common Area,the Association and
the Members.
(D) To repair and reconstruct improvements after casualty, and to make further
improvements to the Common Area.
(E) To make, amend and enforce Rules and Regulations as set forth in the Governing
4850-2736-8948,v. 1 1 (((H22000021832 3)))
16 * 21
(((H22000021832 3)))
Documents.
(F) To approve or disapprove the transfer, leasing and occupancy of Parcels as may be
provided in the Governing Documents.
(G) To enforce the provisions of the laws of the State of Florida that are applicable to
the Community and the Governing Documents.
(H) To contract for the management and maintenance of the Community, and any
property or easements and related improvements that are dedicated to the Association by plat or separate
instrument, including any agreement or easement which imposes maintenance obligations on the
Association, and to delegate any powers and duties of the Association in connection therewith except such
as are specifically required by law or by the Governing Documents to be exercised by the Association's
Board of Directors or the Members.
(I) To employ accountants, attorneys, architects, and other professionals to perform
the services required for proper operation of the Community.
(J) To borrow money as necessary to perform its other functions hereunder.
(K) To grant, modify or move any easement.
(L) To acquire, own, lease and dispose of any real and personal property.
(M) To sue and be sued.
(N) To maintain and operate the Surface Water Management System, including
dedicated lake tracts, lake maintenance or drainage easements and corresponding infrastructure. The
Association shall have the ability to accept responsibility for the operation and maintenance of the Surface
Water Management System for future phases of the Community, if the Community will be constructed in
phases and subsequent phases will utilize the same Surface Water Management System as the initial
phase(s).
All funds and the title to all property acquired by the Association shall be held for the benefit of the
Members in accordance with the provisions of the Governing Documents. In the event of termination,
dissolution or final liquidation of the Association,the responsibility for the operation and maintenance of the
Common Area and other property the Association is obligated to maintain pursuant to the Governing
Documents, including any property or easements and related improvements that are dedicated to the
Association by plat or separate instrument, including any agreement or easement which imposes
maintenance obligations on the Association, shall be transferred to and accepted by a similar non-profit
organization or entity that is acceptable to any applicable governmental authorities, prior to such
termination,dissolution or liquidation.
ARTICLE IV
MEMBERSHIP:
(A) The Members shall be the Owners. Class "A"Members are all Owners other than
the Developer. The Class`B"Member is the Developer as further provided in the Association's Bylaws.
(B) The share of a Member in the funds and assets of the Association cannot be
4850-2736-8948,V. 1 2
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assigned or transferred in any manner except as an appurtenance to his Parcel.
(C) Except as otherwise provided in the Association's Bylaws with respect to the Class
"B" Member, the Owners of each Parcel, collectively, shall be entitled to one vote in Association matters.
The manner of exercising voting rights shall be as set forth in the Association's Bylaws.
ARTICLE V
TERM: The term of the Association shall be perpetual.
ARTICLE VI
BYLAWS: The Association's Bylaws may be altered, amended, or rescinded in the manner provided
therein.
ARTICLE VII
DIRECTORS AND OFFICERS:
(A) The affairs of the Association shall be administered by a Board of Directors
consisting of the number of Directors determined by the Association's Bylaws, but not less than three (3)
Directors,and in the absence of such determination shall consist of three(3)Directors.
(B) Directors of the Association shall initially be appointed by and shall serve at the
pleasure of the Developer, and on and following the Turnover Date, the Board of Directors shall be elected
by the Members in the manner determined by the Association's Bylaws. Directors may be removed and
vacancies on the Board of Directors shall be filled in the manner provided by the Association's Bylaws.
(C) The business of the Association shall be conducted by the officers designated in the
Association's Bylaws. The officers shall be elected each year by the Board of Directors at its first meeting
after the annual meeting of the Members, and they shall serve at the pleasure of the Board of Directors. The
initial Directors are as follows:
Scott Brooks
do Pulte Home Company,LLC
24311 Walden Center Drive, Suite 300
Bonita Springs,FL 34134
Kimberly Morton
do Pulte Home Company,LLC
24311 Walden Center Drive, Suite 300
Bonita Springs,FL 34134
Laura Ray
c/o Pulte Home Company,LLC
24311 Walden Center Drive, Suite 300
Bonita Springs,FL 34134
The initial Officers are as follows: Scott Brooks, President; Kimberly Morton, Vice President; and Laura
Ray, Secretary/Treasurer.
4850-2736-8948, v. 1 3
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ARTICLE VIII
AMENDMENTS: Amendments to these Articles shall be proposed and adopted in the following manner:
(A) Proposal. Subsequent to the Turnover Date, amendments to these Articles may be
proposed by the Board of Directors or by a written petition to the Board of Directors, signed by at least one-
third(1/3)of the Voting Interests.
(B) Procedure. Upon any amendment to these Articles being proposed by said Board
of Directors or Members, such proposed amendment shall be submitted to a vote of the Members not later
than the next annual meeting for which proper notice can be given. A proposal to amend these Articles
must contain the full text of the provision to be amended and may not be revised or amended by reference
solely to the title or number. Proposed new language must be underlined, and proposed deleted language
must be stricken. If the proposed change is so extensive that underlining and striking through language
would hinder, rather than assist, the understanding of the proposed amendment, a notation must be
inserted immediately preceding the proposed amendment in substantially the following form: "Substantial
rewording. See Articles for current text." An immaterial error or omission in the amendment process
does not invalidate an otherwise properly adopted amendment.
(C) Vote Required. Prior to the Turnover Date, amendments shall be adopted by the
Board of Directors. Subsequent to the Turnover Date, a proposed amendment shall be adopted if it is
approved by at least two-thirds (2/3) of the Voting Interests, at any annual or special meeting. As long as
the Developer owns a Parcel,an amendment to these Articles shall not be effective without the prior written
consent of the Developer,which consent may be denied in the Developer's discretion,provided,further,that
regardless of whether the Developer owns a Parcel, no amendment shall be effective if it affects the
Developer's rights or alters any provision made for the Developer's benefit.
(D) Effective Date. An amendment shall become effective upon filing Articles of
Amendment with the Florida Department of State and recording a Certificate of Amendment in the Public
Records of Collier County,Florida,with the formalities required for the execution of a deed.
ARTICLE IX
INDEMNIFICATION: To the fullest extent permitted by Florida law, the Association shall indemnify and
hold harmless every Director and every officer of the Association against all expenses and liabilities,
including attorneys' fees, actually and reasonably incurred by or imposed on him in connection with any
legal proceeding (or settlement or appeal of such proceeding) to which he may be a party because of his
being or having been a Director or officer of the Association. The foregoing right of indemnification shall
not be available if a judgment or other final adjudication establishes that his actions or omissions to act were
material to the cause adjudicated and involved:
(A) Willful misconduct or a conscious disregard for the best interests of the
Association,in a proceeding by or in the right of the Association to procure a judgment in its favor.
(B) A violation of criminal law, unless the Director or officer had no reasonable cause
to believe his action was unlawful or had reasonable cause to believe his action was lawful.
(C) A transaction from which the Director or officer derived an improper personal
benefit.
In the event of a settlement, the right to indemnification shall not apply unless the Board of Directors
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approves such settlement as being in the best interest of the Association. The foregoing rights of
indemnification shall be in addition to and not exclusive of all other rights to which a Director or officer
may be entitled.
ARTICLE X
INCORPORATOR: The name and address of the Incorporator is as follows:
Scott Brooks
c/o Pulte Home Company,LLC
24311 Walden Center Drive, Suite 300
Bonita Springs, FL 34134
ARTICLE XI
REGIS 1'ERED OFFICE AND REGISTERED AGENT: The name and address of the Registered Agent
and the address of the Registered Office is:
Scott Brooks
c/o Pulte Home Company,LLC
24311 Walden Center Drive, Suite 300
Bonita Springs,FL 34134
4850-2736-8948,v. 1 J
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IN WITNESS WHEREOF, the undersigned, for the purpose of forming a corporation not for profit
to do business in the State of Florida, under the laws of Florida, makes and files these Articles of
Incorporation, hereby declares and certifies the facts herein stated are true and hereunto set my hand this
3 day of %0-1.1' ,2022.
Scott Brooks,Incorporator
CERTIFICATE OF DESIGNATION
REGISTERED AGENT/REGISTERED OFFICE
Pursuant to the provisions of Section 617.0501, Florida Statutes, the undersigned corporation, organized
under the laws of the State of Florida, submits the following statement in designating the registered
office/registered agent,in the State of Florida.
1. The name of the corporation is:
Sonoma Oaks Homeowners Association,Inc.
2. The name and address of the registered agent and office is:
Scott Brooks
do Pulte Home Corporation
24311 Walden Center Drive,Suite 300
Bonita Springs,FL 34134
Scott Brooks,President
DATE;-IY11JU� 1 3, 2v -Z
HAVING BEEN NAMED AS REGISTERED AGENT AND TO ACCEPT SERVICE OF PROCESS FOR
THE ABOVE STAl'ED CORPORATION AT THE PLACE DESIGNATED IN THIS CERTIFICATE, I
HEREBY ACCEPT THE APPOINTMENT AS REGISTERED AGENT AND AGREE TO ACT IN THIS
CAPACITY. I FURTHER AGREE TO COMPLY WITH THE PROVISIONS OF ALL STATUTES
RELATING TO THE PROPER AND COMPLETE PERFORMANCE OF MY DUTIES, AND I AM
FAMILIAR WITH AND ACCEPT THE OBLIGATIONS OF MY POSITION AS REGISTERED
AGENT. Scott Brooks
DATE: un 1 3 t Z o Z 2
4850-2736-8948,v, 1
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BYLAWS
FOR
SONOMA OAKS HOMEOWNERS ASSOCIATION,INC.
EXHIBIT"C"
i
4835-6801-3300,v. 1
16Az1
TABLE OF CONTENTS
FOR
BYLAWS
OF
SONOMA OAKS HOMEOWNERS ASSOCIATION,INC.
PAGE NO.
1. GENERAL 1
1.1 Principal Office 1
1.2 Seal 1
1.3 Definitions 1
2. MEMBERS 1
2.1 Qualifications 1
2.2 Voting Interest 1
2.3 Approval or Disapproval of Matters 2
2.4 Change of Membership 2
2.5 Termination of Membership 2
3. MEMBERS' MEETINGS: VOTING 2
3.1 Annual Meeting 2
3.2 Special Members' Meetings 2
3.3 Notice of Meetings;Waiver of Notice 2
3.4 Quorum 3
3.5 Vote Required 3
3.6 Proxy Voting 3
3.7 Adjourned Meetings 3
3.8 Order of Business 3
3.9 Minutes 4
3.10 Parliamentary Rules 4
4. BOARD OF DIRECTORS 4
4.1 Number and Terms of Service; Elections 4
4.2 Qualifications 5
4.3 Vacancies on the Board of Directors 6
4.4 Removal of Directors 6
4.5 Organizational Meeting 7
4.6 Other Meetings 7
4.7 Notice to Owners 7
4.8 Waiver of Notice 7
4.9 Quorum of Directors 7
4.10 Vote Required 7
4.11 Adjourned Meetings 8
4.12 The Presiding Officer 8
4.13 Compensation of Directors and Officers 8
4.14 Committees 8
5. OFFICERS 8
5.1 Officers and Elections 8
5.2 President 8
5.3 Vice-Presidents 8
5.4 Secretary 8
5.5 Treasurer 9
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4835-6801-3300,v. 1
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6. FISCAL MATTERS 9
6.1 Depository 9
6.2 Budget 9
6.3 Reserves for Capital Expenditures and Deferred Maintenance 9
6.4 Assessments 10
6.5 Special Assessments 10
6.6 Fidelity Bonds 10
6.7 Financial Reporting 10
6.8 Fiscal Year 10
6.9 Invoices 11
7. RULES AND REGULATIONS: USE RESTRICTIONS 12
8. COMPLIANCE AND DEFAULT: REMEDIES 12
8.1 Obligations of Members; Remedies At Law Or In Equity; Levy of Fines and Suspension Of Use
Rights 12
8.2 Availability of Remedies 14
9. AMENDMENT OF BYLAWS 14
9.1 Proposal 14
9.2 Procedure 14
9.3 Vote Required 14
9.4 Certificate;Recording 15
10. MISCELLANEOUS 15
10.1 Gender 15
10.2 Severability 15
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4835-6801-3300,v. 1
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BYLAWS
SONOMA OAKS HOMEOWNERS ASSOCIATION,INC.
1. GENERAL: These are the Bylaws of Sonoma Oaks Homeowners Association, Inc., hereinafter the
"Association", a corporation not for profit organized under the laws of Florida for the purpose of operating
the Community pursuant to the Florida Not-For-Profit Corporation Act.
1.1 Principal Office. The principal office of the Association is c/o Pulte Home Company, LLC, 24311
Walden Center Drive, Suite 300,Bonita Springs, FL 34134.
1.2 Seal. The seal of the Association shall be inscribed with the name of the Association,the year of its
organization, and the words"Florida" and"corporation not-for-profit". The seal may be used by causing it,
or a facsimile of it,to be impressed, affixed, reproduced or otherwise placed upon any document or writing
of the corporation where a seal may be required.
1.3 Definitions. The definitions set forth in the Declaration and the Act shall apply to terms used in
these Bylaws.
2. MEMBERS:
2.1 Qualifications. The Members shall be the record owners of legal title to the Parcels in the
Community. In the case of a Parcel subject to an agreement for deed, the purchaser in possession shall be
deemed the Owner of the Parcel for purposes of determining voting and use rights. Membership shall
become effective upon the last to occur of the following:
(A) Recording a deed or other instrument evidencing legal title to the Parcel in the Public
Records of Collier County,Florida.
(B) Delivery to the Association of a copy of the recorded deed or other instrument evidencing
title.
(C) Delivery to the Association,if required, of a written designation of the Primary Occupants.
The failure to comply with the prerequisites set forth in(B)-(C)above shall not release the Member from the
obligation to comply with the Governing Documents, but shall otherwise preclude such Member from
obtaining the benefits of membership, including,without limitation,the right to receive notices and the right
to vote on Association matters.
2.2 Voting Interest. The Class"A"Members are entitled to one(1)vote for each Parcel they own. The
total number of Class"A"votes shall not exceed the total number of Parcels subject to the Declaration. The
Class"B"Member shall be entitled to a number of votes equal to the total number of Parcels owned by the
Class "A" Members plus one (1) vote; provided that subsequent to the Turnover Date, the Class `B"
Member shall be entitled to one (1) vote for each Parcel it owns. The vote of a Parcel is not divisible. If a
Parcel is owned by one (1) natural person, his right to vote shall be established by the record title to the
Parcel. If a Parcel is owned jointly by two (2) or more natural persons that are not acting as trustees, that
Parcel's vote may be cast by any one (1) of the Owners. If two (2) or more Owners do not agree among
themselves how their one(1)vote shall be cast,that vote shall not be counted for any purpose. If the Owner
is a corporation, partnership, limited liability company, trust, trustee or other entity other than a natural
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4835-6801-3300,v. 1
1 � 2t
person,the vote of that Parcel shall be cast by any officer, director, partner, manager, managing member or
trustee,as the case may be.
2.3 Approval or Disapproval of Matters. Whenever the decision or approval of the Owner of a Parcel is
required upon any matter, whether or not the subject of an Association meeting,,such decision or approval
may be expressed by any person authorized to cast the vote of such Parcel at an Association meeting as
stated in Section 2.2 above,unless the joinder of all Owners is specifically required.
2.4 Change of Membership. A change of membership shall be established as provided in Section 2.1
above; and the membership of the prior Owner shall thereby be automatically terminated.
2.5 Termination of Membership. The termination of membership in the Association does not relieve or
release any former Member from liability or obligation incurred under or in any way connected with the
Association during the period of his membership, nor does it impair any rights or remedies which the
Association may have against any former Owner or Member arising out of or in any way connected with
such ownership and membership and the covenants and obligations incident thereto.
3. MEMBERS' MEETINGS: VOTING:
3.1 Annual Meeting. There shall be an Annual meeting of the Members in each calendar year. The
Annual meeting shall be held in Collier County, Florida, each year at a day, place and time designated by
the Board of Directors, for the purpose of electing Directors and transacting any business duly authorized to
be transacted by the Members.
3.2 Special Members' Meetings. Prior to the Turnover Date, Special Members' meetings must be held
whenever called by the President or by a majority of the Directors. Subsequent to the Turnover Date,
Special Members' meetings must be held whenever called by the President or by a majority of the Directors,
and may also be called by Members having at least one-third (1/3) of the Voting Interests. The business at
any Special Members' meeting shall be limited to the items specified in the notice of meeting.
3.3 Notice of Meetings; Waiver of Notice. Notice of all Members' meetings must state the time, date,
and place of the meeting, and include an agenda for the meeting. The Notice of Meeting must be sent to
each Member at the address which appears on the books of the Association,or may be furnished by personal
delivery. The Member is responsible for providing the Association with notice of any change of address.
The Notice of Meeting must be mailed, delivered or electronically transmitted at least fourteen (14) days
before the meeting. An affidavit of the officer or other person making such mailing shall be retained in the
Association records as proof of mailing. Attendance at any meeting by a Member constitutes waiver of
notice by that Member unless the Member objects to the lack of notice at the beginning of the meeting. A
Member may waive notice of any meeting at any time, but only by written waiver. Notice to the Members
of meetings of the Board of Directors, meetings of a committee requiring notice in the same manner as
meetings of the Board of Directors, and Annual and Special meetings of the Members, may be
electronically transmitted in the manner set forth in Section 617.0141, F.S. to any Member who has
provided a facsimile number or e-mail address to the Association to be used for such purposes . Notice by
electronic transmission is effective: when actually transmitted by facsimile telecommunication, if correctly
directed to a number at which the Member has consented to receive notice; when actually transmitted by
electronic mail, if correctly directed to an electronic mail address at which the Member has consented to
receive notice. Notice is also effective when posted on an electronic network that the Member has
consented to consult, upon the later of: such correct posting; or the giving of a separate notice to the
Member of the fact of such specific posting; or when correctly transmitted to the Member, if by any other
form of electronic transmission consented to by the Member to whom notice is given. Consent by a
Member to receive notice by electronic transmission shall be revocable by the Member by written notice to
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4835-6801-3300,v. 1
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the Association. Any such consent shall be deemed revoked if: the Association is unable to deliver by
electronic transmission two (2) consecutive notices given by the Association in accordance with such
consent; and such inability becomes known to the Secretary, Assistant Secretary or other authorized person
responsible for the giving of notice. However, the inadvertent failure to treat such inability as a revocation
does not invalidate any meeting or other action. The Member is responsible for providing the Association
with notice of any change of mailing address, facsimile number or electronic mail address. As used in these
Bylaws, the term "electronic transmission" means any form of communication, not directly involving the
physical transmission or transfer of paper, which creates a record that may be retained, retrieved, and
reviewed by a recipient thereof and which may be directly reproduced in a comprehensible and legible paper
form by such recipient through an automated process. Examples of electronic transmission include, but are
not limited to, telegrams, facsimile transmission of images, and text that is sent via electronic mail between
computers. An affidavit of the Secretary, an Assistant Secretary,or other authorized agent of the Association
that the notice has been given by a form of electronic transmission is, in the absence of fraud, prima facie
evidence of the facts stated in the notice.
3.4 Quorum. A quorum at a Members' meeting shall be attained by the presence, either in person or by
proxy, of Members entitled to cast at least thirty percent (30%) of the Voting Interests, provided that the
quorum for an election of Directors shall be twenty percent (20%) of the Voting Interests. After a quorum
has been established at a Members' meeting, the subsequent withdrawal of any Members, so as to reduce
the number of Voting Interests represented below the number required for a quorum, shall not affect the
validity of any action taken at the meeting before or after such persons leave.
3.5 Vote Required. The acts approved by a majority of the votes cast at a duly called meeting of the
Members at which a quorum has been attained shall be binding upon all Members for all purposes, except
where a greater or different number of votes are expressly required by law or by any provision of the
Governing Documents. The Association may conduct elections and other membership votes through an
internet-based online voting system if a Member consents, in writing, to online voting and all requirements
in Section 720.317 of the Act are met.
3.6 Proxy Voting. To the extent lawful, any Member entitled to attend and vote at a Members meeting
may establish his presence and cast his vote by proxy. A proxy shall be valid only for the specific meeting
for which originally given and any lawful adjournment of that meeting, and no proxy is valid for a period
longer than ninety (90) days after the date of the first meeting for which it was given. Every proxy shall be
revocable at the pleasure of the person executing it. To be valid, a proxy must be in writing, dated, signed
by the person authorized to cast the votes, specify the date, time and place of the meeting for which it is
given, and delivered to the Association by the appointed time of the meeting or adjournment thereof.
Holders of proxies need not be Members. No proxy shall be valid if it names more than one (1) person as
the holder of the proxy, but the holder shall have the right, if the proxy so provides, to substitute another
person to hold the proxy.
3.7 Adjourned Meetings. Any duly called meeting of the Members may be adjourned to be reconvened
at a specific later time by vote of a majority of the Voting Interests present in person or by proxy, regardless
of whether a quorum has been attained. The adjournment to a date, time and place must be announced at
that meeting before the adjournment is taken, or notice must be given to all Members of the date, time and
place of its reconvening. Any business which might have been conducted at the meeting as originally
scheduled may instead be conducted at the continuance, provided a quorum is then present, in person or by
proxy.
3.8 Order of Business. The order of business at Members' meetings shall be substantially as follows:
(A) Call of the roll or determination of quorum
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4835-6801-3300,V. 1
I6A
(B) Reading or disposal of minutes of the last Members' meeting
(C) Reports of Officers
(D) Reports of Committees
(E) Unfmished Business
(F) New Business
(G) Adjournment
3.9 Minutes. Minutes of all meetings of Members and of the Board of Directors shall be kept in a
businesslike manner and available for inspection by Members or their authorized representatives and
Directors at reasonable times and for a period of seven (7) years after the meeting. Minutes must be
maintained in written form or in another form that can be converted into written form within a reasonable
time. A vote or abstention from voting on each matter voted upon for each Director present at a Board of
Directors meeting must be recorded in the minutes.
3.10 Parliamentary Rules. Roberts' Rules of Order (latest edition) shall guide the conduct of
Association meetings when not in conflict with the law, with the Declaration, or with these Bylaws. The
presiding officer may appoint a Parliamentarian whose decision on questions of parliamentary procedure
shall be final. Any question or point of order not raised at the meeting to which it relates shall be deemed
waived.
4. BOARD OF DIRECTORS: The administration of the affairs of the Association shall be by the Board of
Directors. All powers and duties granted to the Association by law, as modified and explained in the
Governing Documents, shall be exercised by the Board of Directors, subject to approval or consent of the
Members only when such is specifically required.
4.1 Number and Terms of Service; Elections. The number of Directors which shall constitute the whole
Board of Directors shall initially be three (3), all of whom shall be appointed by and shall serve at the
pleasure of the Developer. At the Annual meeting occurring subsequent to the date that Members other
than the Developer are entitled to elect one (1) Director pursuant to Section 720.307(2) of the Act (i.e.
when fifty percent (50%) of all Parcels in the Community that ultimately will be operated by the
Association have been conveyed to Members other than the Developer), there shall be four (4) Directors,
three (3) of whom shall be appointed by and serve at the pleasure of the Developer and the fourth elected
by the Members other than the Developer. For purposes of this Section, the term "Members other than
the Developer" shall not include Builders. The number of Directors shall increase to five (5) at the
Turnover Meeting. Directors shall be elected by secret ballot (using a double envelope system) in
accordance with the Act and these Bylaws at: the Annual Meeting occurring subsequent to the date that
Members other than the Developer are entitled to elect one (1) Director pursuant to Section 720.307(2) of
the Act; any other Annual Meeting prior to the Turnover Meeting; the Turnover Meeting; and at
subsequent Annual Meetings.
The First Notice of the Turnover or Annual Meeting, as the case may be, shall be mailed, hand-
delivered or electronically transmitted to all Members at least sixty (60) days in advance of the meeting.
Any person who wishes to qualify as a candidate shall notify the Association in writing of his or her desire
to be a candidate at least forty (40) days prior to the meeting and must be eligible to serve on the Board of
Directors at the time of such forty (40) day deadline in order to have his or her name listed as a proper
candidate on the election ballot or to serve on the Board of Directors. Notice shall be deemed effective
when received by the Association. Any person indicating his or her desire to qualify as a candidate may
also return a separate information sheet, no larger than 8 'h" by 11", which describes the candidate's
background, education and qualifications for office, and any other information deemed relevant by the
candidate, which information sheet must be furnished by the candidate at least forty (40) days prior to the
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4835-6801-3300,V. 1
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election. The Association has no liability for the contents of the information sheets prepared by the
candidates.
If the number of candidates does not exceed the number of vacancies, an election shall not be
required. The Association shall mail, hand-deliver or electronically transmit a Second Notice at least
fourteen(14)days in advance of the meeting. If an election is not required,the candidates become members
of the Board of Directors at the meeting, regardless of whether a quorum is attained. However, if a quorum
is attained, the candidates commence service on the Board of Directors effective upon the adjournment of
the meeting.
If the number of candidates exceeds the number of seats to be filled, an election shall be required.
The Association shall mail, hand-deliver or electronically transmit a Second Notice, together with any
candidate information sheets, a ballot which shall list all candidates in alphabetical order by surname, and
(unless the Second Notice is electronically transmitted),"inner"and"outer envelopes", at least fourteen(14)
days in advance of the meeting. Directors shall be elected by a plurality of the ballots cast. A Member shall
not permit any other person to vote his ballot, and any ballots improperly cast are invalid. In the election of
Directors, there shall be appurtenant to each Parcel as many votes for Directors as there are Directors to be
elected, but no Parcel may cast more than one (1) vote for any candidate, it being the intent hereof that
voting for Directors shall be non-cumulative.
After indicating the name(s) of the candidate(s) for which the Member has voted, the ballot must
be placed in an inner envelope with no identifying markings and mailed or delivered to the Association in
an outer envelope bearing identifying information reflecting the name of the Member, the Member's
address in the Community and the signature of the Member casting that ballot. If the eligibility of the
Member to vote is confirmed and no other ballot has been submitted for that Parcel, the inner envelope
shall be removed from the outer envelope bearing the identification information, placed with the ballots
which were personally cast, and opened when the ballots are counted. Nominations from the floor and
write-in nominations are prohibited and there shall not be a nominating committee. If more than one (1)
ballot is submitted for a Parcel, the ballots for that Parcel shall be disqualified. Upon receipt by the
Association, no ballot may be rescinded or changed. Any vote by ballot received after the closing of the
balloting may not be considered.
Notwithstanding anything to the contrary in this Section 4.1, the Association may conduct the
election via an internet-based online voting system pursuant to Section 720.317 of the Act. In that case, any
Member wishing to vote in that manner must consent in writing and comply with all requirements set forth
in Section 720.317 of the Act and any procedures implemented by the Board of Directors.
At the Turnover Meeting, the three (3) Directors who receive the highest number of votes shall be
elected to two (2)year terms, and the remaining two (2) Directors elected shall serve an initial one (1)year
term. In the event of a tie vote, or if the number of candidates does not exceed the number of seats to be
filled,the candidates shall mutually agree or shall draw lots to determine which candidate(s) shall serve and
for what terms. Thereafter, all Directors (except those appointed by the Developer) shall serve two (2)year
terms. Notwithstanding the foregoing provisions in this Section 4.1, the Developer shall be entitled to
appoint at least one (1) member of the Board of Directors as long as the Developer holds for sale in the
ordinary course of business at least five percent (5%) of the Parcels in all phases of the Community. A
Director's term will end at the annual election at which his successor is to be duly elected, unless he sooner
resigns,or is recalled as provided in 4.4 below.
4.2 Qualifications. Directors appointed by the Developer are not required to be Members. Directors
appointed by the Developer may be the Developer's officers or employees. Directors elected by the
Members must be a Member or the spouse of a Member. If a Parcel is owned by a corporation,partnership,
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1 6 A 2 1
limited liability company or trust, any officer, director, partner, manager, managing member, or trustee, as
the case may be, shall be eligible to serve as a Director. A person who is delinquent in the payment of any
fee, fine or other monetary obligation to the Association on the day that he or she could last nominate
himself or herself or be nominated for the Board of Directors may not seek election to the Board of
Directors, and his or her name shall not be listed on the ballot. A person serving as a Director who becomes
more than ninety (90) days delinquent in the payment of any fee, fine or other monetary obligation to the
Association shall be deemed to have abandoned his or her seat on the Board of Directors,creating a vacancy
on the Board of Directors to be filled according to law. For purposes of this Section 4.2,the term "any fee,
fine or other monetary obligation" means any delinquency to the Association with respect to any Parcel. A
person who has been convicted of any felony in Florida or in a United States District or Territorial Court,
or has been convicted of any offense in another jurisdiction which would be considered a felony if
committed in Florida, may not seek election to the Board of Directors and is not eligible for Board
membership unless such felon's civil rights have been restored for at least five (5) years as of the date on
which such person seeks election to the Board of Directors. The validity of any action by the Board of
Directors is not affected if it is later determined that a person was ineligible to seek election to the Board
of Directors or that a Director is ineligible for Board of Directors membership. A Director or officer
charged by information or indictment with a felony theft or embezzlement offense involving the
Association's funds or property is removed from office. The Board of Directors shall fill the vacancy
according to general law until the end of the period of the suspension or the end of the Director's term of
office, whichever occurs first. However, if the charges are resolved without a finding of guilt or without
acceptance of a plea of guilty or nolo contendere, the Director or officer shall be reinstated for any
remainder of his or her term of office. A Member who has such criminal charges pending may not be
appointed or elected to a position as a Director or officer. Within ninety (90) days after being elected or
appointed to the Board of Directors, each Director shall certify in writing to the Secretary that he or she has
read the Declaration, Articles of Incorporation, Bylaws and current written rules and policies; that he or she
will work to uphold such documents and policies to the best of his or her ability; and that he or she will
faithfully discharge his or her fiduciary responsibility to the Members. Within ninety (90) days after being
elected or appointed to the Board of Directors, in lieu of such written certification, the newly elected or
appointed Director may submit a certificate of having satisfactorily completed the educational curriculum
administered by a Division-approved education provider within one year before or ninety(90)days after the
date of election or appointment. The written certification or educational certificate is valid for the
uninterrupted tenure of the Director on the Board of Directors. A Director who does not timely file the
written certification or educational certificate shall be suspended from the Board of Directors until he or she
complies with the requirements set forth above. The Board of Directors may temporarily fill the vacancy
during the period of suspension. The Association shall retain each Director's written certification or
educational certificate for inspection by the Members for five (5) years after the Director's election.
However, the failure to have such written certification or educational certificate on file does not affect the
validity of any Board of Directors' action.
4.3 Vacancies on the Board of Directors. If the office of any Director becomes vacant for any reason,
other than recall by the membership at a Members' meeting, a majority of the remaining Directors, though
less than a quorum, shall promptly choose a successor to fill the remaining unexpired term except that
vacancies of all Directors appointed by the Developer shall likewise be filled by the Developer. If the
Association fails to fill vacancies on the Board of Directors sufficient to constitute a quorum, or if no
Director remains on the Board of Directors, the vacancy may be filled by the Members (via a special
meeting of the Members)or any Member may apply to the Circuit Court for the appointment of a receiver to
manage the Association's affairs, in the manner provided by Florida law.
4.4 Removal of Directors. Except for Directors appointed by the Developer, any or all Directors may be
removed with or without cause by a majority the Voting Interests, either by a written petition, or at any
meeting called for that purpose, in the manner required by Section 720.303(10)of the Act.
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4.5 Organizational Meeting. The organizational meeting of a new Board of Directors shall be held
within ten(10) days after the election. The organizational meeting may be held immediately following the
election, in which case noticing of the meeting may be effectuated by the Board of Directors existing prior
to the election.
4.6 Other Meetings. Meetings of the Board of Directors may be held at such time and place in Collier
County, Florida, as shall be determined from time to time by the President or a majority of the Directors.
Notice of meetings shall be given to each Director, personally or by mail, telephone or telegram at least
forty-eight(48)hours prior to the day named for such meeting.
4.7 Notice to Owners. A meeting of the Board of Directors occurs whenever a quorum of the Board of
Directors gathers to conduct Association business. All meetings of the Board of Directors shall be open to
Members except for meetings between the Board of Directors and its attorney with respect to proposed or
pending litigation where the contents of the discussion would otherwise be governed by the attorney-client
privilege; or meetings of the Board of Directors held for the purpose of discussing personnel matters.
Notices of all Board of Directors meetings shall be posted conspicuously in the Community for at least
forty-eight (48) continuous hours in advance of each Board of Directors meeting, except in an emergency.
In the event of an emergency meeting, any action taken shall be noticed and ratified at the next regular
meeting of the Board of Directors. In the alternative to the posting requirements discussed above, notice of
each Board of Directors meeting must be mailed or delivered to each Member at least seven(7) days before
the meeting, except in an emergency. An Assessment may not be levied at a Board of Directors meeting
unless the notice of the meeting includes a statement that Assessments will be considered and the nature of
the Assessments. Members have the right to speak with reference to any matter that is placed on the Board
of Directors meeting agenda. The Association may adopt reasonable, written rules expanding the rights of
Members to speak and governing the frequency, duration, and other manner of Member statements,
(including a sign-up sheet requirement), which rules must be consistent with the minimum requirements of
the Act. In addition to any of the authorized means of providing notice of a meeting of the Board of
Directors, 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 Common Areas. Any rule adopted must, in addition to other matters, include a requirement
that the Association send an electronic notice to Members whose e-mail addresses are included in the
Association's official records in the same manner as is required for a notice of a meeting of the Members.
Such notice must include a hyperlink to the website or such mobile application on which the meeting
notice is posted.
4.8 Waiver of Notice. Any Director may waive notice of a meeting before or after the meeting, and such
waiver shall be deemed equivalent to the giving of notice. If all Directors are present at a meeting,no notice
to Directors shall be required.
4.9 Quorum of Directors. A quorum at a Board of Directors meeting shall exist when at least a majority
of all Directors are present at a duly called meeting. Directors may participate in any meeting of the Board
of Directors, by a conference telephone call or similar communicative arrangement whereby all persons
present can hear all other persons. Participation by such means shall be deemed equivalent to presence in
person at a meeting.
4.10 Vote Required. The acts approved by a majority of those Directors present and voting at a meeting
at which a quorum exists shall constitute the acts of the Board of Directors, except when approval by a
greater number of Directors is required by the Governing Documents or by applicable statutes. Directors
may not vote by proxy or by secret ballot at Board of Directors meetings, except that secret ballots may be
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used in the election of officers. Directors may use e-mail as a means of communication, but may not cast a
vote on an Association matter via e-mail.
4.11 Adjourned Meetings. The majority of the Directors present at any meeting of the Board of
Directors, regardless of whether a quorum exists, may adjourn the meeting to be reconvened at a specific
time and date.
4.12 The Presiding Officer. The President of the Association,or in his absence,the Vice-President, shall
be the presiding officer at all meetings of the Board of Directors. If neither is present, the presiding officer
shall be selected by majority vote of the Directors present.
4.13 Compensation of Directors and Officers. Neither Directors nor officers shall receive compensation
for their services as such. Directors and officers may be reimbursed for all actual and proper out-of-pocket
expenses relating to the proper discharge of their respective duties.
4.14 Committees. The Board of Directors may appoint from time to time such standing or temporary
committees as the Board of Directors deem necessary and convenient for the efficient and effective
operation of the Association. Any such committee shall have the powers and duties assigned to it in the
resolution creating the committee. If required by law, committee meetings shall be open to attendance by
any Member, and notice of committee meetings shall be posted in the same manner as required in Section
4.7 above for Board of Directors meetings, except for such committee meetings between the committee and
its attorney with respect to proposed or pending litigation where the contents of the discussion would
otherwise be governed by the attorney-client privilege.
5. OFFICERS:
5.1 Officers and Elections. The executive officers of the Association shall be a President and Vice
President (both of whom must be Directors), a Treasurer and a Secretary, all of whom shall be elected
annually by the Board of Directors. Any officer may be removed with or without cause by vote of a
majority of all Directors at any meeting. Any person may hold two (2) or more offices. The Board of
Directors may, from time to time, appoint such other officers, and designate their powers and duties, as the
Board of Directors shall find to be required to manage the affairs of the Association. If the Board of
Directors so determines, there may be more than one (1) Vice-President. The Board of Directors may
designate one or more officers besides the President to be ex-officio members of some or all standing
committees.
5.2 President. The President shall be the chief executive officer of the Association; he shall preside at all
meetings of the Members and Directors, shall be ex-officio a member of all standing committees, shall have
general and active management of the business of the Association, and shall see that all orders and
resolutions of the Board of Directors are carried into effect. He shall execute bonds, mortgages and other
contracts requiring seal of the Association, except for those that are permitted by law to be otherwise signed
and executed, and the power to execute is delegated by the Board of Directors to some other officer or agent
of the Association.
5.3 Vice-Presidents. The Vice-Presidents in the order of their seniority shall, in the absence or disability
of the President, perform the duties and exercise the powers of the President; and they shall perform such
other duties as the Board of Directors shall assign.
5.4 Secretary. The Secretary shall attend all meetings of the Board of Directors and all meetings of the
Members and shall cause all votes and the minutes of all proceedings to be recorded in a book or books to
be kept for the purpose, and shall perform like duties for the standing committees when required. He shall
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give, or cause to be given, notice of all meetings of the Members and of the Board of Directors, and shall
perform such other duties as may be prescribed by the Board of Directors or the President. He shall keep in
safe custody the seal of the Association and, when authorized by the Board of Directors, affix the same to
any instrument requiring it. The Secretary shall be responsible for the proper recording of all duly adopted
amendments to the Governing Documents. Any of the foregoing duties may be performed by an Assistant
Secretary, if one(1)has been designated,or the Association's manager/management company.
5.5 Treasurer. The Treasurer shall be responsible for Association's funds and securities, the keeping of
full and accurate amounts of receipts and disbursements in books belonging to the Association, and the
deposit of all monies and other valuable effects in the name and to the credit of the Association in such
depositories as may be designated by the Board of Directors. He shall oversee the disbursement of the
Association's funds, keeping proper vouchers for such disbursements, and shall render to the President and
Directors, at the meetings of the Board of Directors, or whenever they may require it, an accounting of all
transactions and of the financial condition of the Association. Any of the foregoing duties may be
performed by an Assistant Treasurer, if any has been designated, or the Association's manager/management
company.
6. FISCAL MA 11'ERS: The provisions for fiscal management of the Association set forth in the
Declaration shall be supplemented by the following provisions:
6.1 Depository. The Association shall maintain its funds in such financial institutions authorized to do
business in the State of Florida as shall be designated from time to time by the Board of Directors.
Withdrawal of monies from such accounts shall be only by such persons as are authorized by the Board of
Directors.
6.2 Budget. The Board of Directors shall adopt a budget of Common Expenses for each fiscal year. The
budget shall be adopted on a "buildout" basis. The budget must set out separately all fees or charges for
recreational amenities, whether owned by the Association, the Developer or another person, if any. The
notice of the meeting at which the Board of Directors adopts the budget must include a statement that
Assessments will be considered and the nature of the Assessments(i.e. the budget for annual Assessments).
6.3 Reserves for Capital Expenditures and Deferred Maintenance. As set forth in Section 4.3 of the
Declaration, the Developer does not fund reserves as part of its Developer Subsidy. In addition to annual
operating expenses,the proposed budget may include reserve accounts for capital expenditures and deferred
maintenance with respect to the Common Area. If the Association's budget includes reserve accounts
established by the Members pursuant to Section 720.303(6)(d) of the Act, such reserves shall be
determined, maintained, and waived in the manner provided therein. Once the Association provides for
reserve accounts, the Association shall thereafter determine, maintain, and waive reserves in compliance
with the Act, provided that this does not preclude the termination of a reserve account upon approval of a
majority of the Voting Interests. Upon such approval, the terminating reserve account shall be removed
from the budget. Such approval may be obtained by vote of the Members at a duly called Members'
meeting or by the written consent of a majority of the Voting Interests. The approval action of the
Members must state that reserve accounts shall be provided for in the budget and must designate the
components for which the reserve accounts are to be established. Upon approval by the Members, the
Board of Directors shall include the required reserve accounts in the budget in the next fiscal year
following the approval and each year thereafter. Once established as provided in Section 720.303(6) of
the Act, the reserve accounts must be funded or maintained or have their funding waived in the manner
provided therein. The amount to be reserved in any account established shall be computed by means of a
formula that is based upon estimated remaining useful life and estimated replacement cost or deferred
maintenance expense of each reserve item. The Association may adjust replacement reserve assessments
annually to take into account any changes in estimates of cost or useful life of a reserve item. Funding
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formulas for reserves authorized by this section must be based on a separate analysis of each of the
required assets or a pooled analysis of two or more of the required assets.
6.4 Assessments. Regular annual Assessments based on the adopted budget shall be paid either monthly,
or quarterly,as determined by the Board of Directors. Failure to send or receive notice of Assessments shall
not excuse the obligation to pay. If an annual budget has not been adopted at the time the first installment
for a fiscal year is due, it shall be presumed that the amount of such installment is the same as the last
installment and shall be continued at such rate until a budget is adopted and pro rata Assessments are
calculated, at which time any overage or shortage shall be added or subtracted from each unit's next due
installment.
6.5 Special Assessments. Special Assessments may be imposed by the Board of Directors when
necessary to meet unusual, unexpected, unbudgeted, or non-recurring expenses. A Special Assessment is
due on the day specified in the resolution of the Board of Directors approving such Special Assessment.
Prior to the Turnover Date, the Board of Directors may not levy a Special Assessment unless a majority of
the Owners other than the Developer has approved the Special Assessment by a majority vote at a duly
called Special Members' meeting at which a quorum is present. On and subsequent to the Turnover Date,a
Special Assessment shall not be levied unless it is first approved by two-thirds (2/3) of the Voting Interests
who are obligated to pay the special Assessment, except that membership approval shall not be required for
a Special Assessment that relates to the necessary maintenance, repair, insurance or replacement of
Common Area, or if the special Assessment is required for the Board of Directors to comply with any law,
regulation or order of any municipal, state or federal agency. Written notice of any meeting at which a
Special Assessment will be considered must be mailed, delivered,or electronically transmitted(to the extent
permitted by law) to the Members and posted conspicuously in the Community or broadcast on closed-
circuit television not less than fourteen (14) days before the meeting. The notice must include a statement
that a Special Assessment will be considered at the meeting.
6.6 Fidelity Bonds. The Association shall maintain insurance or a fidelity bond for all persons who
control or disburse Association funds. The insurance policy or fidelity bond must cover the maximum funds
that will be in the custody of the Association or its management agent at any one time. As used in this
Section 6.6, the term "persons who control or disburse Association funds" includes, but is not limited to,
persons who are authorized to sign checks on behalf of the Association, and the President, Secretary and
Treasurer. The Association shall bear the cost of any insurance or bond.
6.7 Financial Reporting. Within ninety (90) days after the end of the fiscal year, the Association shall
prepare and complete, or contract with a third party for the preparation and completion of, a financial
report for the preceding fiscal year. Within twenty-one(21) days after the final report is completed by the
Association or received from the third party, but not later than one hundred twenty (120) days after the
end of the fiscal year, the Association shall mail or hand deliver to each Member a copy of such report or
a written notice that a copy of the report is available upon request at no charge to the Member. The
financial report shall be prepared in accordance with Section 720.303(7) of the Act. If approved by a
majority of the Voting Interests present at a properly called members' meeting, the Association shall
prepare or cause to be prepared a financial report that is less rigorous than otherwise required by the Act.
If approved by a majority of the Voting Interests, the Association shall prepare or cause to be prepared a
financial report that is more rigorous than otherwise required by the Act.
6.8 Fiscal Year. The fiscal year shall be the calendar year,unless modified by the Board of Directors.
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6.9 Invoices.
(A) If the Association sends out an invoice for Assessments or an Owner's statement of the
account described in Section 720.303(4)(j)2 of the Act, the invoice for Assessments or the statement of
account must be delivered to the Owner by first-class United States mail or by electronic transmission to
the Owner's e-mail address maintained in the Association's official records.
(B) Before changing the method of delivery for an invoice for Assessments or the statement of
the account, the Association must deliver a written notice of such change to each Owner. The written
notice must be delivered to the Owner at least 30 days before the Association sends the invoice for
Assessments or the statement of the account by the new delivery method. The notice must be sent by first-
class United States mail to the Owner at his or her last address as reflected in the Association's records
and, if such address is not the property address, must be sent by first-class United States mail to the
property address. Notice is deemed to have been delivered upon mailing as required by this subsection
(B).
(C) An Owner must affirmatively acknowledge his or her understanding that the Association
will change its method of delivery of the invoice for Assessments or the statement of the account before
the Association may change the method of delivering an invoice for Assessments or the statement of
account. The Owner may make the affirmative acknowledgment electronically or in writing.
(D) The Association may not require payment of attorney fees related to a past due Assessment
without first delivering a written notice of late Assessment to the Owner which specifies the amount owed
the Association and provides the Owner an opportunity to pay the amount owed without the assessment
of attorney fees. The notice of late Assessment must be sent by first-class United States mail to the Owner
at his or her last address as reflected in the Association's records and, if such address is not the property
address, must also be sent by first-class United States mail to the property address. Notice is deemed to
have been delivered upon mailing as required herein. A rebuttable presumption that the Association
mailed a notice in accordance with the foregoing requirement is established if a Director, officer, or agent
of the Association, or a manager licensed under part VIII of Chapter 468, Florida Statutes, provides a
sworn affidavit attesting to such mailing. The notice must be in substantially the following form:
NOTICE OF LATE ASSESSMENT
RE: [property address in Sonoma Oaks] .... of Sonoma Oaks Homeowners Association,Inc.
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The following amounts are currently due on your account to Sonoma Oaks Homeowners
Association, Inc., and must be paid within 30 days after the date of this letter. This letter shall serve as the
Association's notice to proceed with further collection action against your property no sooner than 30
days after the date of this letter, unless you pay in full the amounts set forth below:
Maintenance due ...(dates)... $
Late fee, if applicable $
Interest through ...(dates)...*
TOTAL OUTSTANDING $
*Interest accrues at the rate of 18% percent per annum.
7. RULES AND REGULATIONS: USE RESTRICTIONS: The Board of Directors may, from time to
time, adopt and amend Rules and Regulations subject to any limits contained in the Declaration. Written
notice of any meeting at which the Rules and Regulations that regulate the use of Parcels may be adopted,
amended, or revoked must be mailed, delivered, or electronically transmitted (to the extent permitted by
law) to the Members and posted conspicuously in the Community or broadcast on closed-circuit television
not less than fourteen (14) days before the meeting. A written notice concerning changes to Rules and
Regulations that regulate the use of Parcels must include a statement that changes to the Rules and
Regulations regarding the use of Parcels will be considered at the meeting. Copies of such Rules and
Regulations shall be furnished to each Owner. Any Rules and Regulations must be reasonably related to the
promotion of health, happiness and peace of mind of the Owners and uniformly applied and enforced.
Subsequent to the Turnover Date, and as long as the Developer owns a Parcel or other property in the
Community, no new or amended Rule or Regulation shall be effective unless the Developer grants its
approval in writing,which approval may be denied in the Developer's discretion.
A proposal to amend the Rules and Regulations must contain the full text of the provision to be amended
and may not be revised or amended by reference solely to the title or number. Proposed new language
must be underlined, and proposed deleted language must be stricken. If the proposed change is so
extensive that underlining and striking through language would hinder, rather than assist, the
understanding of the proposed amendment, a notation must be inserted immediately preceding the
proposed amendment in substantially the following form: "Substantial rewording. See governing
documents for current text." An amendment to the Rules and Regulations is effective when recorded in
the Public Records of Collier County, Florida. An immaterial error or omission in the amendment
process does not invalidate an otherwise properly adopted amendment.
8. COMPLIANCE AND DEFAULT: REMEDIES: In addition to the remedies provided elsewhere in the
Declaration,the following provisions shall apply:
8.1 Obligations Of Members; Remedies At Law Or In Equity; Levy of Fines and Suspension Of Use
Rights.
(A) Each Member and the Member's Tenants, Guests and invitees, are governed by, and must
comply with the Act and the Governing Documents. Actions at law or in equity, or both, to redress the
alleged failure or refusal to comply with the Governing Documents may be brought by the Association or by
any Member against:
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(1) The Association;
(2) A Member;
(3) Any Director or officer who willfully and knowingly fails to comply with the
provisions of the Act and the Governing Documents; and
(4) Any Tenants,Guests, or invitees occupying a Parcel or using the Common Area.
The prevailing party in any such litigation is entitled to recover reasonable attorney's fees and costs. This
section does not deprive any person of any other available right or remedy. Certain disputes must be
submitted to dispute resolution procedures conducted by the Division of Florida Land Sales, Condominiums
and Mobile Homes("Division")as more particularly set forth in Section 720.311 of the Act.
(B) The Association may levy reasonable fines against any Member or any Member's Tenant,
Guest or invitee for the failure of the Owner of a Parcel or its occupant, licensee, or invitee to comply with
any provision of the Governing Documents. The fine shall be in an amount deemed necessary by the Board
of Directors to deter future violations, but in no event shall any fine exceed the maximum amounts allowed
by law. Fines shall not be secured by a lien against a Parcel unless permitted by the Act.
(C) The Association may suspend, for a reasonable amount of time, the right of a Member, or a
Member's Tenant, Guest or invitee, to use the Common Area and facilities, for the failure of the Owner of
the Parcel or its occupant, licensee or invitee to comply with any provision of the Governing Documents.
The foregoing does not apply to that portion of the Common Area used to provide access or utility services
to the Parcel. A suspension may not prohibit the right of an Owner or Tenant of a Parcel from having
vehicular and pedestrian ingress to and egress from the Parcel, including, but not limited to, the right to
park. The Association may deactivate an Owner's gate transponder or other entry mechanism (if the
Community is gated) and require that the Owner, his Family members, Tenants and Guests gain entry to the
Community through a guest entrance.
(D) A fine or suspension pursuant to (B) and (C) above levied by the Board of Directors may not
be imposed unless the Board of Directors first provides at least fourteen(14)days' notice to the Owner and,
if applicable, any occupant, licensee, or invitee of the Owner, sought to be fined or suspended and an
opportunity for a hearing before a committee of at least three Members appointed by the Board of Directors
who are not officers, Directors, or employees of the Association, or the spouse, parent, child, brother or
sister of an officer, Director or employee. If the committee, by majority vote, does not approve a proposed
fine or suspension, the proposed fine or suspension may not be imposed. The role of the committee is
limited to determining whether to confirm or reject the fine or suspension levied by the Board of Directors.
If the proposed fine or suspension levied by the Board of Directors is approved by the committee, the fine
payment is due five (5) days after notice of the approved fine is provided to the Owner and, if applicable,
to any occupant, licensee, or invitee of the Owner.
(E) If a Member is more than ninety (90) days delinquent in paying any fee, fine or other
monetary obligation due to the Association, the Association may suspend the rights of the Member, or the
Member's Tenant, Guest, or invitee, to use the Common Area and facilities until the fee, fine or other
monetary obligation is paid in full. The foregoing does not apply to that portion of the Common Area used
to provide access or utility services to the Parcel. A suspension may not prohibit an Owner or Tenant of a
Parcel from having vehicular and pedestrian ingress to and egress from the Parcel, including,but not limited
to,the right to park. The Association may deactivate an Owner's gate transponder or other entry mechanism
(if the Community is gated)and require that the Owner,his Family members,Tenants and Guests gain entry
to the Community through a guest entrance. The notice and hearing requirements under subsection (D)
above do not apply to a suspension imposed under this subsection(E).
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(F) The Association may suspend the voting rights of a Parcel or Member for the nonpayment of
any monetary obligation due to the Association that is more than ninety (90) days delinquent. The
suspension ends upon full payment of all obligations currently due or overdue the Association. A Voting
Interest or consent right allocated to a Parcel or Member which has been suspended by the Association
shall be subtracted from the total number of Voting Interests in the Association, which shall be reduced
by the number of suspended Voting Interests when calculating the total percentage or number of all
Voting Interests available to take or approve any action, and the suspended Voting Interests shall not be
considered for any purpose, including but not limited to, the percentage or number of Voting Interests
necessary to constitute a quorum, the percentage or number of Voting Interests required to conduct an
election, or the percentage or number of Voting Interests required to approve an action under the Act or
pursuant to the Governing Documents. The notice and hearing requirements under subsection(D)above do
not apply to a suspension imposed under this subsection(F).
(G) All suspensions imposed pursuant to subsections (E) and (F) above must be approved at a
properly noticed meeting of the Board of Directors. Upon approval, the Association must notify the
Owner, and, if applicable,the Parcel's occupant, licensee or invitee by mail or hand-delivery.
(H) The suspensions permitted by subsections (C), (E) and (F) above apply to a Member and,
when appropriate, the Member's Tenants, Guests or invitees, even if the delinquency or failure that
resulted in the suspension arose from less than all of the multiple Parcels owned by such Member.
8.2 Availability of Remedies. Each Member, for himself, his heirs, successors and assigns, agrees
to the foregoing provisions relating to default and abatement of violations regardless of the harshness of the
remedy utilized by the Association and regardless of the availability of other legal remedies. It is the intent
of all Members to give the Association methods and procedures which will enable it to operate on a
businesslike basis,to collect those monies due it and to preserve the majority's right to enjoy the Community
free from unreasonable restraint and annoyance.
9. AMENDMENT OF BYLAWS: Amendments to these Bylaws shall be proposed and adopted in the
following manner:
9.1 Proposal. Subsequent to the Turnover Date, amendments to these Bylaws may be proposed by the
Board of Directors or by a written petition to the Board of Directors, signed by at least one-third(1/3)of the
Voting Interests.
9.2 Procedure. Upon any amendment or amendments to these Bylaws being proposed by the Board of
Directors or the Members, such proposed amendment or amendments shall be submitted to a vote of the
Members not later than the next annual meeting for which proper notice can still be given. A proposal to
amend these Bylaws must contain the full text of the provision to be amended and may not be revised or
amended by reference solely to the title or number. Proposed new language must be underlined, and
proposed deleted language must be stricken. If the proposed change is so extensive that underlining and
striking through language would hinder, rather than assist, the understanding of the proposed amendment,
a notation must be inserted immediately preceding the proposed amendment in substantially the following
form: "Substantial rewording. See governing documents for current text." An immaterial error or
omission in the amendment process does not invalidate an otherwise properly adopted amendment.
9.3 Vote Required. Prior to the Turnover Date, amendments shall be adopted by the Developer. On and
subsequent to the Turnover Date, a proposed amendment to these Bylaws shall be adopted if it is approved
by at least two-thirds (2/3) of the Voting Interests at any Annual or Special meeting, provided that notice of
the proposed amendment has been given to the Members in accordance with law. As long as the Developer
owns a Parcel or other property in the Community, an amendment to these Bylaws shall not be effective
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without the prior written consent of the Developer, which consent may be denied in the Developer's
discretion,provided,further,that regardless of whether the Developer owns a Parcel or other property in the
Community,no amendment shall be effective if it affects the Developer's rights or alters a provision herein
made for the Developer's benefit.
9.4 Certificate; Recording. A copy of each adopted amendment shall be attached to a certificate that the
amendment was duly adopted as an amendment to the Bylaws, which certificate shall be in the form
required by law and shall be executed by the President or Vice-President with the formalities of a deed. The
amendment shall be effective when the certificate and copy of the amendment are recorded in the Public
Records of Collier County,Florida.
10. MISCELLANEOUS:
10.1 Gender. Whenever the masculine or singular form of a pronoun is used in these Bylaws, it shall be
construed to mean the masculine, feminine or neuter; singular or plural,as the context requires.
10.2 Severability. Should any portion hereof be void or become unenforceable,the remaining provisions
of the instrument shall remain in full force and effect.
15
4835-6801-3300,v. 1
16A21
The foregoing were adopted as the first Bylaws of Sonoma Oaks Homeowners Association,Inc. on
this 1 3 day of N��,2022.
Scott Brooks,President
16
4835-6801-3300,v.1
I 6 A 2 1
EXHIBIT D
7431*, `'c South Florida Water Management District
S "It X)
- Individual Environmental Resource Permit No. 11-106232-P
\, * c Date Issued: January 5, 2022
`6�. ti4ayy
\',, rrr,vax" .
Permittee: We Have Arrived, LLC
Pulte Home Company, LLC
Project: Sonoma Oaks
Application No. 210917-7522
Location: Collier County, See Exhibit 1
Your application for an Individual Environmental Resource Permit is approved. This action is taken based
on Chapter 373, Part IV, of Florida Statutes (F.S.) and the rules in Chapter 62-330, Florida Administrative
Code (F.A.C.). Unless otherwise stated, this permit constitutes certification of compliance with state water
quality standards under section 401 of the Clean Water Act, 33 U.S.C. 1341, and a finding of consistency
with the Florida Coastal Management Program. Please read this entire agency action thoroughly and
understand its contents.
This permit is subject to:
. Not receiving a filed request for a Chapter 120, F.S., administrative hearing.
. The attached General Conditions for Environmental Resource Permits.
. The attached Special Conditions.
. All referenced Exhibits.
All documents are available online through the District's ePermitting site at www.sfwmd.gov/ePermitting.
If you object to these conditions, please refer to the attached "Notice of Rights" which addresses the
procedures to be followed if you desire a public hearing or other review of the proposed agency action.
Please contact this office if you have any questions concerning this matter. If we do not hear from you in
accordance with the"Notice of Rights", we will assume that you concur with the District's action.
The District does not publish notices of action. If you wish to limit the time within which a person may
request an administrative hearing regarding this action, you are encouraged to publish, at your own
expense, a notice of agency action in the legal advertisement section of a newspaper of general circulation
in the county or counties where the activity will occur. Legal requirements and instructions for publishing a
notice of agency action, as well as a noticing format that can be used, are available upon request. If you
publish a notice of agency action, please send a copy of the affidavit of publication provided by the
newspaper to the District's West Palm Beach office for retention in this file.
If you have any questions regarding your permit or need any other information, please call us at
1-800-432-2045 or email eoermits(c,sfwmd.gov.
Melissa M. Roberts, P.E.
Administrator, Environmental Resource Bureau
l6A21
Permittees:
We Have Arrived, LLC
12800 University Drive
Suite 350
Fort Myers, FL 33907
Pulte Home Company, LLC
24311 Walden Center Drive Suite 300
Bonita Springs, FL 34134
Permit No: 11-106232-P, Page 2 of 18
1 6 A 2 1
South Florida Water Management District
Individual Environmental Resource Permit No. 11-106232-P
Date Issued: January 5, 2022 Expiration Date: January 5, 2027
Project Name: Sonoma Oaks
Permittees: We Have Arrived, LLC
12800 University Drive
Suite 350
Fort Myers, FL 33907
Pulte Home Company, LLC
24311 Walden Center Drive Suite 300
Bonita Springs, FL 34134
Operating Entity: Sonoma Oaks Homeowners Association, Inc.
Location: Collier County
Permit Acres: 23.44 acres
Project Land Use: Residential
Special Drainage District: N/A
Water Body Classification: CLASS III
FDEP Water Body ID: 3278S
Conservation Easement to District: No
Sovereign Submerged Lands: No
Project Summary
This Environmental Resource Permit authorizes Construction and Operation of a stormwater
management (SWM) system serving 23.44 acres of residential development known as Sonoma
Oaks.
The project includes construction of a 114-unit multi-family development including fifteen (15) 6-
Plex and six (6) 4-Plex buildings, an amenity area, underground utilities, SWM system, floodplain
compensation area, and preserved land. The single-basin SWM system consists of both dry
retention/detention areas and a wet detention pond. See Exhibit No. 2.0 for construction plans.
Issuance of this permit constitutes certification of compliance with state water quality standards in
accordance with Rule 62-330.062, F.A.C.
Site Description
The site is located approximately 0.25 miles north of the intersection of Collier Boulevard and
Vanderbilt Beach Road, on the west side of Collier Boulevard between Wolfe Road and Mission
Hills Drive in Naples, Florida. A location map is attached as Exhibit No. 1.0.
The site is undeveloped. The northern portion of the site consists of cleared areas. There are no
permitted or existing SWM facilities on the site. The western and southern portion of the site
consists of upland pine flatwoods. For information on wetland and other surface water impacts,
Permit No: 11-106232-P, Page 3 of 18
1 6 A 2 I
please see the Wetlands and Other Surface Water section of this permit.
Background
The project site discharges to the west to an existing inlet on Mission Hills Drive. The discharges
from the project site, and the adjacent Encompass project (Permit No. 1 1-1 051 62-P), were
considered in the design of the existing conveyances authorized under Permit No. 11-02268-P for
the Mission Hills PUD project.
Ownership, Operation and Maintenance
Perpetual operation and maintenance of the SWM system is the responsibility of Sonoma Oaks
Homeowners Association, Inc., as indicated in the submitted draft governing documents. Please
refer to Exhibit No. 4.0, 4.1 and 4.2. Upon completion of construction and in conjunction with
submittal of the construction completion certification, a request for transfer to the operating entity
and recorded copies of its governing documents must be submitted in accordance with General
Condition No. 7.
Engineering Evaluation:
Land Use
Land coverages for the 14.14-acre SWM basin are provided in the Land Use table below. The
23.44-acre residential land use project also includes 1.88 acres of floodplain compensation area,
5.73 acres of preserve area, and 1.69 acres of roadway easement outside the SWM system.
Water Quality
The project is located within a watershed identified by the Florida Department of Environmental
Protection as impaired; therefore, the design includes a site-specific pollutant loading analysis and
an additional 50% water quality treatment volume above the amounts required pursuant to Section
4.2.1, Volume II, as reasonable assurances that the projects discharge will not cause or contribute
to violations of State water quality standards. The project provides 2.41 ac-ft of water quality
treatment.
The project includes implementation of a Turbidity and Erosion Control Plan (Exhibit No. 2.0), a
Construction Pollution Prevention Plan (Exhibit No. 2.1), and an Urban Stormwater Management
Program (Exhibit No. 2.2) as additional reasonable assurance of compliance with water quality
criteria during construction and operation.
Water Quantity
Discharge
As found in the Water Quantity Data Table below, the project discharge is within the allowable limit
of 0.06 cfs/acre per Collier County Ordinance No. 2017-19.
Parking Lot Design
As found in the Water Quantity Data Table below, the minimum parking lot elevations have been
set at or above the calculated design storm flood elevation.
Road Design
As found in the Water Quantity Data Table below, the minimum road center line elevations have
been set at or above the calculated design storm flood elevation.
Perimeter Berm
As found in the Water Quantity Data Table below, the minimum perimeter berm elevations have
been set at or above the calculated design storm flood elevation.
Finished Floors
As found in the Water Quantity Data Table below, the minimum finished floor elevations have
been set at or above the calculated design storm flood elevation and the FEMA base flood
Permit No: 11-106232-P, Page 4 of 18
1 6A21
elevation of 14.00 feet, NAVD.
Flood Plain/Compensating Storage
The permittee submitted calculations demonstrating that the project provides compensating
floodplain storage which results in no net encroachment into the floodplain encompassed by the
100-year, 3-day design storm event. The existing site was determined to be an importer of
13.30 acre-feet of runoff from the surrounding floodplain. The proposed project provides storage
for the 100-year storm event within the SWM system up to the perimeter berm elevation of 14.50
feet, NAVD. The compensating floodplain storage area excavated to elevation 10.0 feet,
NAVD along with the adjacent preserve areas provides 13.84 acre-feet of storage volume
exceeding the pre-development import volume on the site.
Certification, Operation, and Maintenance
Pursuant to Chapter 62-330.310, F.A.C., Individual Permits will not be converted from the
construction phase to the operation phase until construction completion certification of the project
is submitted to and accepted by the District. This includes compliance with all permit conditions,
except for any long term maintenance and monitoring requirements. It is suggested that the
permittee retain the services of an appropriate professional registered in the State of Florida for
periodic observation of construction of the project.
For projects permitted with an operating entity that is different from the permittee, it should be
noted that until the construction completion certification is accepted by the District and the permit
is transferred to an acceptable operating entity pursuant to Sections 12.1-12.3 of the Applicant's
Handbook Volume I and Section 62-330.310, F.A.C., the permittee is liable for operation and
maintenance in compliance with the terms and conditions of this permit.
In accordance with Section 373.416(2), F.S., unless revoked or abandoned, all SWM systems and
works permitted under Part IV of Chapter 373, F.S., must be operated and maintained in
perpetuity.
The efficiency of SWM systems, dams, impoundments, and most other project components will
decrease over time without periodic maintenance. The operation and maintenance entity must
perform periodic inspections to identify if there are any deficiencies in structural integrity,
degradation due to insufficient maintenance, or improper operation of projects that may endanger
public health, safety, or welfare, or the water resources. If deficiencies are found, the operation
and maintenance entity is responsible for correcting the deficiencies in a timely manner to prevent
compromises to flood protection and water quality. See Section 12.4 of the Applicant's Handbook
Volume I for Minimum Operation and Maintenance Standards.
Permit No: 1 1-1 06232-P, Page 5 of 18
16A21
Engineering Evaluation Tables:
Land Use
-..
Land -}- %of Total
Basin T yp e Area(ac) Basin
Building Coverage 13.47 24.54
Pavement 3.45 124.40
i
Dry Detention Areas 11.09 7.71
Basin 1
Pervious i 5.04 35.64
Wet Detention i 1.09 17.71
Total: 14.14 1100%
Water Quality
Volume Volume
Treatment Treatment Overflow Elevation
Basin Required Provided Area(ac)
Type I System (ac-ft) (ac-ft) (ft NAVD88)
Treatment WET DETENTION .1.77 !1.77 1.09 111.62
Basin 1 i
Treatment DRY RETENTION 0.64 0.64 i 1.09 12.09
Water Quantity
Storm • Peak Allowable
Elevation Precipitation Peak Stage(ft Min.EL(ft
i Basin Event Discharge Discharge Rate
Type i (Yr/Day) Depth(in) NAVD88) NAVD88) 1Rate(cfs) (cfs
Finished Floor 1100Y3D 113.50 14.01 115.80 1 N/A N/A
i Perimeter i
!Basin Berm/ !25YR3D 111.25 13.39 114.50 0.83 10.85
1 Discharge f
i
Road Crown !25YR3D 11.25 13.39 i 13.75 1 N/A N/A
Parking Lot 25YR3D '11.25 i 13.39 113.75 N/A N/A
Bleeder
Control EL(ft 1 Structure Structure I Invert EL(ft
Basin NAVD88) # Type ,Count Type Dia.(in) , NAVD88) Receiving Body
Basin STR Water 1 Circular 1 •On-site floodplain
10.00 11 3.00 10.00
1 #CS-1 Quality 1 Orifice 1 i compensation area
Inlets
Control EL Structure Structure 1 Length ! Width Crest EL(ft
Basin (ft NAVD88 # Type Count Type m (in) NAVD88) Receiving Body
) Yp ( )
I
STR Emergency 1 I D DROP 137.0 I49.0 13.39 On-site floodplain
:#CS-1 INLET I compensation area
Basin 10.00 1 STR#13 1 Water FDOT MOD
D DROP 37.0 49.0 12.09 On-site wet
1 Quality INLET I detention pond
1
I Water FDOT MOD On-site wet
STR#28 Quality '1 D DROP 37.0 49.0 12.09 INLET detention pond
Permit No: 11-106232-P, Page 6 of 18
$ 6A2t
Weir
Control EL(ft 1 Structure Structure Count Type Dia Crest EL(ft
Basin NAVD88) # Type (in) NAVD88) ' Receiving Body
Basin 10.00 i STR i Circular On-site floodplain
1 i#CS-1 Discharge 1 I Orifice '3.75 11.62 €compensation area I
Permit No: 1 1-1 06232-P, Page 7 of 18
� 6AZ1
Environmental Evaluation:
Wetlands and Other Surface Waters
There are no wetlands or other surface waters located within the project site or affected by this
project. An existing conditions map is attached as Exhibit No. 3.0. The upland preserves
proposed in the western and southern portion of the site are not a requirement for the District.
Fish, Wildlife, and Listed Species
Protected species surveys were conducted on July 29, 2021. No wetland-dependent endangered
or threatened species or species of special concern or evidence of utilization were observed
onsite. Submitted information indicates that potential use of the site by such species is minimal.
The project site is located within the United States Fish & Wildlife Service (USFWS) Consultation
Area for the Florida scrub-jay (Aphelocoma coerulescens), red-cockaded woodpecker (Picoides
borealis), Everglades snail kite (Rostrhamus sociabilis plumbeus), Florida bonneted bat (Eumops
floridanus), and Florida panther (Puma concolor coryi). The site is also located within the core
foraging area of the USFWS Corkscrew wood stork (Mycteria americana) colony.
No adverse impacts to wetland dependent species are anticipated as a result of the proposed
project. This permit does not relieve the applicant from complying with all applicable rules and any
other agencies' requirements if, in the future, endangered or threatened species or species of
special concern are discovered on the site. Please refer to Special Condition Nos. 6 & 7.
Permit No: 11-106232-P, Page 8 of 18
16A2i
General Conditions for Individual Environmental Resource Permits, 62-330.350, F.A.C.
1. All activities shall be implemented following the plans, specifications and performance criteria
approved by this permit. Any deviations must be authorized in a permit modification in
accordance with rule 62-330.315, F.A.C. Any deviations that are not so authorized may subject
the permittee to enforcement action and revocation of the permit under Chapter 373, F.S.
2. A complete copy of this permit shall be kept at the work site of the permitted activity during the
construction phase, and shall be available for review at the work site upon request by the
Agency staff. The permittee shall require the contractor to review the complete permit prior to
beginning construction.
3. Activities shall be conducted in a manner that does not cause or contribute to violations of state
water quality standards. Performance-based erosion and sediment control best management
practices shall be installed immediately prior to, and be maintained during and after construction
as needed, to prevent adverse impacts to the water resources and adjacent lands. Such
practices shall be in accordance with the State of Florida Erosion and Sediment Control
Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida
Department of Transportation, June 2007), and the Florida Stormwater Erosion and
Sedimentation Control Inspector's Manual (Florida Department of Environmental Protection,
Nonpoint Source Management Section, Tallahassee, Florida, July 2008), which are both
incorporated by reference in subparagraph 62-330.050(9)(b)5., F.A.C., unless a project-specific
erosion and sediment control plan is approved or other water quality control measures are
required as part of the permit.
4. At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the
Agency a fully executed Form 62-330.350(1), "Construction Commencement Notice," (October
1, 2013), (http://www.flrules.org/Gateway/reference.asp?No=Ref-02505), incorporated by
reference herein, indicating the expected start and completion dates. A copy of this form may be
obtained from the Agency, as described in subsection 62-330.010(5), F.A.C., and shall be
submitted electronically or by mail to the Agency. However, for activities involving more than
one acre of construction that also require a NPDES stormwater construction general permit,
submittal of the Notice of Intent to Use Generic Permit for Stormwater Discharge from Large
and Small Construction Activities, DEP Form 62-621.300(4)(b), shall also serve as notice of
commencement of construction under this chapter and, in such a case, submittal of Form
62-330.350(1) is not required.
5. Unless the permit is transferred under rule 62-330.340, F.A.C., or transferred to an operating
entity under rule 62-330.310, F.A.C., the permittee is liable to comply with the plans, terms, and
conditions of the permit for the life of the project or activity.
6. Within 30 days after completing construction of the entire project, or any independent portion of
the project, the permittee shall provide the following to the Agency, as applicable:
a. For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex-
"Construction Completion and Inspection Certification for Activities Associated With a Private
Single-Family Dwelling Unit"[Form 62-330.310(3)]; or
b. For all other activities- "As-Built Certification and Request for Conversion to Operational
Phase" [Form 62-330.310(1)].
c. If available, an Agency website that fulfills this certification requirement may be used in lieu of
the form.
7. If the final operation and maintenance entity is a third party:
a. Prior to sales of any lot or unit served by the activity and within one year of permit issuance,
or within 30 days of as-built certification, whichever comes first, the permittee shall submit, as
Permit No: 1 1-1 06232-P, Page 10 of 18
� 6A21
applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.4
of Volume I) as filed with the Florida Department of State, Division of Corporations, and a copy
of any easement, plat, or deed restriction needed to operate or maintain the project, as recorded
with the Clerk of the Court in the County in which the activity is located.
b. Within 30 days of submittal of the as-built certification, the permittee shall submit "Request
for Transfer of Environmental Resource Permit to the Perpetual Operation and Maintenance
Entity" [Form 62-330.310(2)] to transfer the permit to the operation and maintenance entity,
along with the documentation requested in the form. If available, an Agency website that fulfills
this transfer requirement may be used in lieu of the form.
8. The permittee shall notify the Agency in writing of changes required by any other regulatory
agency that require changes to the permitted activity, and any required modification of this
permit must be obtained prior to implementing the changes.
9. This permit does not:
a. Convey to the permittee any property rights or privileges, or any other rights or privileges
other than those specified herein or in Chapter 62-330, F.A.C.;
b. Convey to the permittee or create in the permittee any interest in real property;
c. Relieve the permittee from the need to obtain and comply with any other required federal,
state, and local authorization, law, rule, or ordinance; or
d. Authorize any entrance upon or work on property that is not owned, held in easement, or
controlled by the permittee.
10. Prior to conducting any activities on state-owned submerged lands or other lands of the state,
title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the
permittee must receive all necessary approvals and authorizations under Chapters 253 and
258, F.S. Written authorization that requires formal execution by the Board of Trustees of the
Internal Improvement Trust Fund shall not be considered received until it has been fully
executed.
11. The permittee shall hold and save the Agency harmless from any and all damages, claims, or
liabilities that may arise by reason of the construction, alteration, operation, maintenance,
removal, abandonment or use of any project authorized by the permit.
12. The permittee shall notify the Agency in writing:
a. Immediately if any previously submitted information is discovered to be inaccurate; and
b. Within 30 days of any conveyance or division of ownership or control of the property or the
system, other than conveyance via a long-term lease, and the new owner shall request transfer
of the permit in accordance with Rule 62-330.340, F.A.C. This does not apply to the sale of lots
or units in residential or commercial subdivisions or condominiums where the stormwater
management system has been completed and converted to the operation phase.
13. Upon reasonable notice to the permittee, Agency staff with proper identification shall have
permission to enter, inspect, sample and test the project or activities to ensure conformity with
the plans and specifications authorized in the permit.
14. If prehistoric or historic artifacts, such as pottery or ceramics, projectile points, stone tools,
dugout canoes, metal implements, historic building materials, or any other physical remains
that could be associated with Native American, early European, or American settlement are
encountered at any time within the project site area, the permitted project shall cease all
activities involving subsurface disturbance in the vicinity of the discovery. The permittee or
other designee shall contact the Florida Department of State, Division of Historical Resources,
Compliance Review Section (DHR), at (850)245-6333, as well as the appropriate permitting
agency office. Project activities shall not resume without verbal or written authorization from
Permit No: 11-106232-P, Page 11 of 18
16A21
the Division of Historical Resources. If unmarked human remains are encountered, all work
shall stop immediately and the proper authorities notified in accordance with section 872.05,
F.S. For project activities subject to prior consultation with the DHR and as an alternative to the
above requirements, the permittee may follow procedures for unanticipated discoveries as set
forth within a cultural resources assessment survey determined complete and sufficient by
DHR and included as a specific permit condition herein.
15. Any delineation of the extent of a wetland or other surface water submitted as part of the
permit application, including plans or other supporting documentation, shall not be considered
binding unless a specific condition of this permit or a formal determination under Rule
62-330.201, F.A.C., provides otherwise.
16. The permittee shall provide routine maintenance of all components of the stormwater
management system to remove trapped sediments and debris. Removed materials shall be
disposed of in a landfill or other uplands in a manner that does not require a permit under
Chapter 62-330, F.A.C., or cause violations of state water quality standards.
17. This permit is issued based on the applicant's submitted information that reasonably
demonstrates that adverse water resource-related impacts will not be caused by the completed
permit activity. If any adverse impacts result, the Agency will require the permittee to eliminate
the cause, obtain any necessary permit modification, and take any necessary corrective
actions to resolve the adverse impacts.
18. A Recorded Notice of Environmental Resource Permit may be recorded in the county public
records in accordance with Rule 62-330.090(7), F.A.C. Such notice is not an encumbrance
upon the property.
Permit No: 11-106232-P, Page 12 of 18
1 6 A 2 1
Special Conditions for Individual Environmental Resource Permits, 62-330.350, F.A.C.
1.The construction authorization for this permit shall expire on the date shown on page 3.
2.Operation and maintenance of the SWM system shall be the responsibility of Sonoma Oaks
Homeowners Association, Inc. Upon completion of construction and in conjunction with submittal
of the as-built certification, a request for transfer to the operating entity with supporting
documentation must be submitted in accordance with General Condition No. 7.
3.Lake side slopes shall be no steeper than 4:1 (horizontal:vertical) to a depth of two feet below
the control elevation. Side slopes shall be nurtured or planted from 2 feet below to 1 foot above
control elevation to insure vegetative growth.
4.A stable, permanent and accessible elevation reference shall be established on or within one
hundred (100) feet of all permitted discharge structures no later than the submission of the
certification report. The location of the elevation reference must be noted on or with the
certification report.
5.Prior to initiating construction activities associated with this Environmental Resource Permit
(ERP), the permittee is required to hold a pre-construction meeting with field representatives,
consultants, contractors, District Environmental Resource Bureau (ERB) staff, and any other
local government entities as necessary. The purpose of the pre-construction meeting is to
discuss construction methods, sequencing, best management practices, identify work areas,
staking and roping of preserves where applicable, and to facilitate coordination and assistance
amongst relevant parties. To schedule a pre-construction meeting, please contact ERB staff from
the Fort Myers Service Center at (239) 338-2929 or via e-mail at: pre-con@sfwmd.gov. When
sending a request for a pre-construction meeting, please include the application number, permit
number, and contact name and phone number.
6.This permit does not authorize the permittee to cause any adverse impact to or "take" of state
listed species and other regulated species of fish and wildlife. Compliance with state laws
regulating the take of fish and wildlife is the responsibility of the owner or applicant associated
with this project. Please refer to Chapter 68A-27 of the Florida Administrative Code for definitions
of "take" and a list of fish and wildlife species. If listed species are observed onsite, FWC staff
are available to provide decision support information or assist in obtaining the appropriate FWC
permits. Most marine endangered and threatened species are statutorily protected and a "take"
permit cannot be issued. Requests for further information or review can be sent to:
FWCConservationPlanningServices@MyFWC.com.
7.Endangered species, threatened species and/or species of special concern have been observed
onsite and/or the project contains suitable habitat for these species. It shall be the permittee's
responsibility to coordinate with the Florida Fish and Wildlife Conservation Commission and/or
the U.S. Fish and Wildlife Service for appropriate guidance, recommendations and/or necessary
permits to avoid impacts to listed species.
Permit No: 11-106232-P, Page 13 of 18
16A21
Project Work Schedule for Permit No. 11-106232-P
The following activities are requirements of this Permit and shall be completed in accordance with the
Project Work Schedule below. Please refer to General Conditions, Special Conditions and/or Specific
Conditions for more information. Any deviation from these time frames will require prior approval from the
District's Environmental Resources Bureau and may require a minor modification to this permit. Such
requests must be made in writing and shall include: (1) reason for the change, (2) proposed start/finish
and/or completion dates, and (3) progress report on the status of the project.
Condition No. Date Added Description(Application Number) Due Date Date Satisfied
GC 4 01/05/2022 Construction Commencement Notice 1 Prior to Construction
GC 6 01/05/2022 Submit Certification 130 Days After Construction Completion I
GC 7 01/05/2022 Submit Operation Transfer Request Within 30 days of Certification
SC 5 01/05/2022 Pre-Construction Meeting Prior to Construction
GC= General Condition
SC= Special Condition
Permit No: 1 1-1 06232-P, Page 14 of 18
16A21
Distribution List
John Williams, RWA, Inc
Sonoma Oaks Homeowners Association, Inc.
Audubon of Florida
Div of Recreation and Park - District 4
US Army Corps of Engineers - Permit Section
Permit No: 11-106232-P, Page 15 of 18
I 6 A 2 1
Exhibits
The following exhibits to this permit are incorporated by reference. The exhibits can be viewed by
clicking on the links below or by visiting the District's ePermitting website at
http://my.sfwmd.gov/ePermitting and searching under this application number 210917-7522 .
Exhibit No. 1.0 Location Map
Exhibit No. 2.0 Plans
Exhibit No. 2.1 Construction Pollution Prevention Plan
Exhibit No. 2.2 Urban Stormwater Management Program
Exhibit No. 3.0 Existing Conditions Map
Exhibit No. 4.0 Draft Declaration of Covenants
Exhibit No. 4.1 Draft Articles of Incorporation
Exhibit No. 4.2 Draft Plat
Permit No: 11-106232-P, Page 16 of 18
I 6 A 2 1
NOTICE OF RIGHTS
As required by Chapter 120, Florida Statutes, the following provides notice of the opportunities
which may be available for administrative hearing pursuant to Sections 120.569 and 120.57,
Florida Statutes, or judicial review pursuant to Section 120.68, Florida Statutes, when the
substantial interests of a party are determined by an agency. Please note that this Notice of
Rights is not intended to provide legal advice. Some of the legal proceedings detailed below
may not be applicable or appropriate for your situation. You may wish to consult an attorney
regarding your legal rights.
RIGHT TO REQUEST ADMINISTRATIVE HEARING
A person whose substantial interests are or may be affected by the South Florida Water
Management District's (District) action has the right to request an administrative hearing on
that action pursuant to Sections 120.569 and 120.57, Florida Statutes. Persons seeking a
hearing on a District decision which affects or may affect their substantial interests shall file a
petition for hearing in accordance with the filing instructions set forth herein within 21 days of
receipt of written notice of the decision unless one of the following shorter time periods apply:
(1) within 14 days of the notice of consolidated intent to grant or deny concurrently reviewed
applications for environmental resource permits and use of sovereign submerged lands
pursuant to Section 373.427, Florida Statutes; or (2) within 14 days of service of an
Administrative Order pursuant to Section 373.119(1), Florida Statutes. "Receipt of written
notice of agency decision" means receipt of written notice through mail, electronic mail, posting,
or publication that the District has taken or intends to take final agency action. Any person who
receives written notice of a District decision and fails to file a written request for hearing within
the timeframe described above waives the right to request a hearing on that decision.
If the District takes final agency action that materially differs from the noticed intended agency
decision, persons who may be substantially affected shall, unless otherwise provided by law,
have an additional point of entry pursuant to Rule 28-106.111, Florida Administrative Code.
Any person to whom an emergency order is directed pursuant to Section 373.119(2), Florida
Statutes, shall comply therewith immediately, but on petition to the board shall be afforded a
hearing as soon as possible.
A person may file a request for an extension of time for filing a petition. The District may grant
the request for good cause. Requests for extension of time must be filed with the District prior
to the deadline for filing a petition for hearing. Such requests for extension shall contain a
certificate that the moving party has consulted with all other parties concerning the extension
and whether the District and any other parties agree to or oppose the extension. A timely
request for an extension of time shall toll the running of the time period for filing a petition until
the request is acted upon.
FILING INSTRUCTIONS
A petition for administrative hearing must be filed with the Office of the District Clerk. Filings
with the Office of the District Clerk may be made by mail, hand-delivery, or e-mail. Filings by
facsimile will not be accepted. A petition for administrative hearing or other document is
deemed filed upon receipt during normal business hours by the Office of the District Clerk at
the District's headquarters in West Palm Beach, Florida. The District's normal business hours
are 8:00 a.m. — 5:00 p.m., excluding weekends and District holidays. Any document received
by the Office of the District Clerk after 5:00 p.m. shall be deemed filed as of 8:00 a.m. on the
next regular business day.
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Additional filing instructions are as follows:
. Filings by mail must be addressed to the Office of the District Clerk, 3301 Gun Club Road,
West Palm Beach, Florida 33406.
. Filings by hand-delivery must be delivered to the Office of the District Clerk. Delivery of a
petition to the District's security desk does not constitute filing. It will be necessary to
request that the District's security officer contact the Office of the District Clerk. An
employee of the District's Clerk's office will receive and process the petition.
. Filings by e-mail must be transmitted to the Office of the District Clerk at clerk@sfwmd.gov.
The filing date for a document transmitted by electronic mail shall be the date the Office of
the District Clerk receives the complete document.
INITIATION OF ADMINISTRATIVE HEARING
Pursuant to Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Rules 28-106.201
and 28-106.301, Florida Administrative Code, initiation of an administrative hearing shall be
made by written petition to the District in legible form and on 8 1/2 by 11 inch white paper. All
petitions shall contain:
1. Identification of the action being contested, including the permit number, application
number, District file number or any other District identification number, if known.
2. The name, address, any email address, any facsimile number, and telephone number of
the petitioner, petitioner's attorney or qualified representative, if any.
3. An explanation of how the petitioner's substantial interests will be affected by the agency
determination.
4. A statement of when and how the petitioner received notice of the District's decision.
5. A statement of all disputed issues of material fact. If there are none, the petition must so
indicate.
6. A concise statement of the ultimate facts alleged, including the specific facts the petitioner
contends warrant reversal or modification of the District's proposed action.
7. A statement of the specific rules or statutes the petitioner contends require reversal or
modification of the District's proposed action.
8. If disputed issues of material fact exist, the statement must also include an explanation of
how the alleged facts relate to the specific rules or statutes.
9. A statement of the relief sought by the petitioner, stating precisely the action the petitioner
wishes the District to take with respect to the District's proposed action.
MEDIATION
The procedures for pursuing mediation are set forth in Section 120.573, Florida Statutes, and
Rules 28-106.111 and 28-106.401—.405, Florida Administrative Code. The District is not
proposing mediation for this agency action under Section 120.573, Florida Statutes, at this
time.
RIGHT TO SEEK JUDICIAL REVIEW
Pursuant to Section 120.68, Florida Statutes, and in accordance with Florida Rule of Appellate
Procedure 9.110, a party who is adversely affected by final District action may seek judicial
review of the District's final decision by filing a notice of appeal with the Office of the District
Clerk in accordance with the filing instructions set forth herein within 30 days of rendition of the
order to be reviewed, and by filing a copy of the notice with the appropriate district court of
appeals via the Florida Courts E-Filing Portal.
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