Backup Documents 10/12/2021 Item #16A 5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A 5
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. 1 he completed routing slip and original documents arc to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney()Rice no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate li>r 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 ill 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 o r
zo
4. BCC Office Board of County
Commissioners 14 7/2I/2 Z
5. Minutes and Records Clerk of Court's Office
tv.ro.) '1i2A 2o2Z I:td-
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 S. Martin Phone Number x-2279
Contact/ Department
Agenda Date Item was 10/12/21 Agenda Item Number 16.A.5
Approved by the BCC
Type of Document Bond, Maintenance Agreement Number of Original 2
Attached Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A (Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? LM
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency; Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. LM
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the LM
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's LM
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 10/12/21 and all changes made during N/A is not
the meeting have been incorporated in the attached document. The County an option for
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the (3$
*1/A is:not
BCC, all changes directed by the BCC have been made, and the document is ready for the (1 option for
Chairman's signature. this line.
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
16A 5
CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR
SUBDIVISION IMPROVEMENTS
THIS AGREEMENT entered into this 23rd day of June, 2022 by Euclid Estates, LLC, a
Florida limited liability company (hereinafter "Developer"), and is joined by Gail
Lucarelli and Angelo Lucarelli THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, (hereinafter "The Board") Coleman, Yovanovich &
Koester, P.A. (hereinafter "Escrow Agent"). This Agreement is joined by Gail Lucarelli
and Angelo Lucarelli, who are the owners of the majority of the property that is being
platted, and who have contracted to sell such property to Developer.
RECITALS:
A. Developer has, simultaneously with the delivery of this Agreement, applied for
the approval by the Board of a certain plat of a subdivision to be known as:
EUCLID ESTATES
B. The subdivision will include certain improvements which are required by Collier
County ordinances, as set forth in a site construction cost estimate ("Estimate")
prepared by Michael Delate of GradyMinor a copy of which is attached hereto
and incorporated herein as Exhibit 1. For purposes of this Agreement, the
"Required Improvements" are limited to those described in the Estimate.
C. Sections 10.02.05 C. and 10.02.04 of the Collier County Subdivision Code Division
of the Unified Land Development Code requires the Developer to provide appropriate
guarantees for the construction and maintenance of the Required Improvements.
D. Developer and the Board have acknowledged that the amount Developer is required
to guarantee pursuant to this Agreement is $93,825.70, and this amount represents 110%
of the Developer's engineer's estimate of 100% of the construction costs for completion
of the remaining Required Improvements plus 10% of the total costs of the Required
Improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer, the Board and the Escrow Agent do hereby covenant and
agree as follows:
1. Developer will cause the water, sewer, roads, drainage and like facilities, the
Required Improvements, to be constructed pursuant to specifications that have been
approved by the County Manager or his designee within four(4) months from the date of
approval of said subdivision plat.
2. Developer has delivered the amount of$93,825.70 (the "Escrow Funds") to Escrow
Agent and hereby authorizes Escrow Agent to hold such funds in escrow, pursuant to the
terms of this Agreement.
3. Escrow Agent agrees to hold the Escrow Funds, to be disbursed only pursuant to this
Agreement.
1
1 6 A 5
4. The Escrowed Funds shall be released to the Developer only upon written approval of
the County Manager or his designee who shall approve the release of the funds on deposit
not more than once a month to the Developer, in amounts due for work done to date
based on the percentage completion of the work multiplied by the respective work costs
less ten percent (10%); and further, that upon completion of the work, the County
Manager or his designee shall approve the release of any remainder of escrowed funds
except to the extent of$27,894.70 which shall remain in escrow as a Developer guaranty
of maintenance of the Required Improvements for a minimum period of one (1) year
pursuant to Paragraph 10 of the Agreement.
However, in the event that Developer shall fail to comply with the requirements of this
Agreement, then the Escrow Agent agrees to pay to the County immediately upon
demand the balance of the funds held in escrow by the Escrow Agent, as of the date of
the demand, provided that upon payment of such balance to the County, the County will
have executed and delivered to the Escrow Agent in exchange for such funds a statement
to be signed by the County Manager or his designee to the effect that:
(a) Developer for more than sixty (60) days after written notification of such failure has
failed to comply with the requirements of this agreement;
(b) The County, or its authorized agent, will complete the work called for under the
terms of the above-mentioned contract or will complete such portion of such work as the
County, in its sole discretion shall deem necessary in the public interest to the extent of
the funds then held in escrow;
(c) The escrow funds drawn down by the County shall be used for construction of the
Required Improvements, engineering, legal and contingent costs and expenses, and to
offset any damages, either direct or consequential, which the County may sustain on
account of the failure of the Developer to carry out and execute the above-mentioned
development work; and
(d) The County will promptly repay to the Escrow Agent any portion of the funds drawn
down and not expended in completion of the said development work.
5. Written notice to the Escrow Agent by the County specifying what amounts are to be
paid to the Developer shall constitute authorization by the County to the Escrow Agent
for release of only those specified funds to the Developer. Payment by the Escrow Agent
to the Developer of the amounts specified in a letter of authorization by the County to the
Escrow Agent shall constitute a release by the County and Developer of the Escrow
Agent for the specified funds disbursed in accordance with the letter of authorization
from the County.
6. The Required Improvements shall not be considered for preliminary approval 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 Subdivision Regulations.
7. The County Manager or his designee shall, within sixty (60) days of receipt of the
statement of substantial completion, either: a) notify the Developer in writing of his
preliminary approval of the improvements; or b) notify the Developer in writing of his
refusal to approve the improvements, therewith specifying those conditions which the
Developer must fulfill in order to obtain the Director's approval of the Required
Improvements. However, in no event shall the County Manager or his designee refuse
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16A 5
preliminary approval of the improvements if they are in fact constructed and submitted
for approval in accordance with the requirements of this Agreement.
8. Should the funds held in escrow be insufficient to complete the Required
Improvements, the Board, after duly considering the public interest, may at its option
complete the Required Improvements and resort to any and all legal remedies against the
Developer.
9. Nothing in this Agreement shall make the Escrow Agent liable for any funds other
than those placed in deposit by the Developer in accordance with the foregoing provision;
provided, that the Escrow Agent does not release any monies to the Developer or to any
other person except as stated in this Escrow Agreement to include closing the account, or
disbursing any funds from the account without first requesting and receiving written
approval from the County.
10. The Developer shall maintain all Required Improvement for one year after
preliminary approval by the County Manager or his designee. After the one year
maintenance period by the Developer and upon submission of a written request for
inspection, the County Manager or his designee shall inspect the Required Improvements
and, if found to be still in compliance with the Code as reflected by final approval by the
Board, the Escrow Agent's responsibility to the Board under this Agreement is
terminated. 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.
11. All of the terms, covenants and conditions herein contained are and shall be binding
upon the respective successors and assigns of the Developer and the Escrow Agent.
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to
be executed by their duly authorized representatives this 2_2'4" day of June, 2022.
SIGNED IN THE PRESENCE OF Euclid Estates, LLC
(as to Developer and Gail and Angelo Lucarelli):
Printed Name Matthew L. Grabinski By:
�-' Cesare Lucarelli, Authorized Member
Printed name
Maureen Sullivan
Gail Lucarelli
•
Angelo ucarelli
3
16 .A 5
BOARD OF COUNTY COMMISSIONERS
4'i } Sta•X. KINZE:L,; OF COLLIER C ORIDA
B //�� , �
y; F � ►,.�,ram ��'
► _ putt' *wr:k By
Wt lam L. McDaniel, Jr. ,
Approved as to fo and al sufficiency: `'h Irma'
Derek D. Perry
Assistant County 'Attorney
ESCROW AGENT:
COLEMAN, YOVANOVICH &
KOESTER, P.A.
•
By: g_
Matthew L. Grabinski,
President
4
1 6 A 5
Euclid Estates
Engineer's Opinion of Probable Cost for Review Fees
Site Construction
Prepared by:
CIGradyMinor
Q. Grady Minor&Associates, P.A.
3800 Via Del Rey
Bonita Springs, Florida 34134
(239) 947-1144
Jun-22
~_.. .4eitt. �o Q e fa `e
Z
FL ij( �� SIT �Ct./ tom ~1
/ticuc
�l PRO :SS
�� U,U'.t'� Michael J. Delate, P.E. JUL P 1 2022
Florida Registration No. 49442
G:\Engineering\PROJ-ENG\C\CCL\06DP\03PPL DP\OPC\OPC for esrcow for plat
1 6 A 5
Argo Livingston-PPL Submittal
Engineer's Opinion of Probable Cost for Review Fees-Site Construction
Earthwork Unit Rem.Quantity Price Total
Sweeping construction entrance site LS 0.00 $ 2,000.00 $ -
Silt Fence-Single Row LF 0 $ 1.50 $ -
Subtotal $ -
*This item is included under the Fee/Bond for the Excavation Permit
Lighting Unit Rem.Quantity Price Total
Street Lights EA 8.00 $ 400.00 $ 3,200.00
Subtotal $ 3,200.00
Paving Unit Rem.Quantity Price Total
12"Stabilized Subgrade-Roadways and Parking SY - $ 2.00 $ -
6" Limerock Base(Compacted and Primed) SY - $ 9.00 $ -
3/4"Asphaltic Concrete Type S-III(final lift) SY 1,534 $ 9.00 $ 13,806.00
Valley Gutter LF - $ 9.00 $ -
Concrete Sidewalk 4-inches Thick SY - $ 25.00 $ -
Sodding-1-foot Wide Strip Back of Curb SY - $ 2.50 $ -
Pavement Markings and Signing LS - $ 2,000.00 $ -
Sub-Total $ 13,806.00
Storm Drainage Unit Rem.Quantity Price Total
18" RCP LF - $ 35.00 $ -
Valley Gutter Inlet EA - $ 3,400.00 $ -
Catch Basin or Junction Box EA - $ 2,800.00 $ -
Dry Retention Structures EA - $ 3,000.00 $ -
18" MES(4:1) EA - $ 1,500.00 $ -
Control Structure LS - $ 4,000.00 $ -
Yard Drain EA - $ 500.00 $ -
Trench Drain 12"x4" Deep LF - $ 170.00 $ -
12" HDPE LF - $ 26.00 $ -
12" RCP LS - $ 14.00 $ -
15" RCP EA - $ 17.00 $ -
Sub-Total $ -
G:\Engineering\PRO1-ENG\C\CCL\06DP\03PPL DP\OPC\OPC for esrcow for plat Page 2
16A 5
Argo Livingston-PPL Submittal
Engineer's Opinion of Probable Cost for Review Fees-Site Construction
Sanitary Unit Rem.Quantity Price Total
8"Gravity PVC-SDR 26(6-8'Cut) LF - $ 30.00 $ -
Manhole 4'Diameter(6-8'Cut) EA - $ 5,800.00 $ -
6"Single Service EA $ 750.00 $
-
Connect to Existing LS - $ 1,500.00 $ -
6" Double Service EA - $ -
$ 800.00
Sub-Total $ -
Potable Unit Rem.Quantity Price Total
8" PVC Main (C-900, DR 18) LF - $ 26.00 $ -
8" PVC Main (C-900, DR 14) LF $ 30.00 $
-
8"Gate Valve with Box EA - $ 1,250.00 $ -
Fire Hydrant Assembly EA - $ 4,200.00 $ -
Single Water Service EA - $ 770.00 $ -
Double Water Service EA - $ 930.00 $ -
Air Release Assembly EA - $ 2,000.00 $ -
4" PVC Casing LF - $ 170.00 $ -
6" PVC Main (C-900, DR 18) EA - $ 21.00 $ -
Connect to Existing LS 1 $ 1,000.00 $ 1,000.00
Sub-Total $ 1,000.00
Landscape Unit Quantity Price Total
TREE-10'HT.x 4'SPD. MIN. EA 80.00 $ 275.00 $ 22,000.00
PALM-10' HT.CT EA 2 $ 600.00 $ 1,200.00
MULCH-3"THICK(2CY BAGS) EA 150 $ 4.00 $ 600.00
SOD-FLORITAM (SQ FT.) EA 20,000 $ 0.35 $ 7,000.00
BAHIA-DETENTION AREAS(SQ FT.) EA 16,500 $ 0.25 $ 4,125.00
IRRIGATION EA 20,000 $ 0.65 $ 13,000.00
Sub-Total $ 47,925.00
G:\Engineering\PROJ-ENG\C\CCL\06D13\03PPL DP\OPC\OPC for esrcow for plat Page 3
16A 5
SUMMARY
SCHEDULE DESCRIPTION TOTAL PRICE
A Earthwork $0.00
B Demolition $0.00
C Lighting $3,200.00
D Paving $13,806.00
E Storm Drainage $0.00
F Sanitary $0.00
G Potable $1,000.00
H Landscape $47,925.00
TOTAL $65,931.00
ORIGNAL BOND AMOUNT: $278,947.00
10% $27,894.70
TOTAL ESCROW $93,825.70
Digitally signed
by Michael J.
Delate, PE
24+;.
Date:
2022.07.08
�`� 15:11:01 -04'00'
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A 5
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are Io he forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must he received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines 41 through 42 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines 41 through 42,complete the checklist,and forward to the County Attomey Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office 1 0 O ,�1.Z;�
4. BCC Office Board of County i
Commissioners (vM 4/01$( 7/2//ZZ
5. Minutes and Records Clerk of Court's Office VYVJ
1[ f 20i2 I:
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 S. Martin Phone Number x-2279
Contact/ Department
Agenda Date Item was 10/12/21 Agenda Item Number 16.A.5
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 10/12/21 and all changes made during N/A is'not
the meeting have been incorporated in the attached document. The County NOV an option for
Attorney's Office has reviewed the changes, if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made, and the document is ready for the 4 an option for
Chairman's signature. this line,
L Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1 A 5
Collier Col4nty
Growth Management Department
Development Review Division
July 11, 2022
Subject: Euclid Estates, Final Mylar
PPL-PL20200002589
After comparing the Final Mylar with the approved copy of the above subject plat, the following
revisions were found:
Sheet 1 of 2
a. Dedication B.4. had been revised.
b. Dates were changed to 2022.
Sheet 2 of 2
a. A 5-foot PUE was added to the west side of Lot 10.
b. The 15-foot Drainage Easement(D.E.) in the rear of lots 1, 7 & 8 was removed.
All of the above changes are insubstantial changes.
Reviewed By:
Marcus L. Berman, P.S.M. -774�'
County Land Surveyor
cc: CityView
Page 1 of 1
16 * 5
Cottr County 2800 North Horseshoe Drive
Naples, Florida 34104
Growth Management Department 239-252-2400
Application for Plat Recording (PR)
LDC Section 10.02.04 F.
o70,7 060 Lfc,50 Chapter 5 G. of the Administrative Code
APPLICANT CONTACT INFORMATION
Name of Owner: Angelo and Gail Lucarelli; Daniel J. Robbins, III and Angela C. Lucarelli
Name of Applicant if different than owner:
Address: 400 Euclid Avenue and 550 Euclid Ave. City: Naples State: FL ZIP: 34110
Telephone: 239-597-1991 Cell: Fax:
E-Mail Address: dominick@lucarellicompanies.com
Name of Agent: Michael J. Delate, P.E.
Firm: Q. Grady Minor & Associates, P.A.
Address: 3800 Via Del Rey City: Bonita Springs State: FL ZIP: 34134
Telephone: 239-947-1144 Cell: Fax: 239-94740375
E-Mail Address: mdelate@gradyminor.com
GENERAL INFORMATION
Original PPL/PPLA/FP/AR#: PL20200002589
Original Name: Euclid Estates (F.K.A. Casata)
,3TRONIC SUBMITTAL REQUIREMENT CHECKLIST
At time of submittal, the checklist is to be completed and submitted with the application packet. See
Chapter 5 of the Administrative Code for submittal requirements. Incomplete submittals will not be
accepted.
Requirements for Review Required If
Applicable
Completed Application (Download Current Form from County Website) 1
Construction and Maintenance Agreement n
Performance Bond with Opinion of Probable Cost
Original Mylar of the Final Subdivision Plat 1
PL20220004650 REV 1
Euclid Estates (F.K.A. Casata) (PR)
Begin: 7/5/2022
2/7/2022 End: Page 1 of 3
16A 5
Cott County 2800 North Horseshoe Drive
Naples, Florida 34104
Growth Management Department 239-252-2400
ELECTRONIC SUBMITTAL REQUIREMENT CHECKLIST (Con't)
If
Requirements for Review Required Applicable
Surveyor's certification that the Mylar contains no revision from the most 1
recent version of the Final Subdivision Plat approved by the Board of County
Commissioners
Original Title of Opinion from an Attorney licensed to practice in the State of 1
Florida no more than 30 days old
Joiner and Consent of Mortgagee fi
Property Ownership Disclosure Form 1
Documentations of any dedications, grants, conveyances, easements,
consents (including mortgagee consents), reservations, covenants, or other
like instruments to be recorded simultaneously with the Final Plat
Homeowner Association Documents
All submittal documents in PDF format including Mylar of Plat and include 1
Plat in Auto Cad Format in State Plane Coordinates email to cad-
submittals@colliercountyfl.gov
Collier County Clerk of Courts FEES
Check made payable to the Collier County Clerk of Courts for the following:
▪ $30.00 for first sheet of the Plat and $15.00 for each additional Mylar sheet.
• Mortgagees Consent and Home Owner Association Documents are$10.00 for the first
page and $8.50 for each additional page.
TOTAL AMOUNT OF CHECK $$45.00
LINKS
Online Payment Guide can be located: Here
Completed application may be submitted online GMD Public Portal
If unfamiliar to applying on portal or have questions, please look over our E-Permittinq
2/7/2022 Page 2 of 3
16A 5
Coter County 2800 North Horseshoe Drive
Naples, Florida 34104
Growth Management Department 239-252-2400
Surveyor's Certification
The attached mylar represents the most recent version of the plat approved by the Board of
County Commissioners. Any subsequent revisions are listed below.
Revisions:
Changed Language in Dedication B.4.regarding Landscape Buffer Easement Maintenance Responsibility.
Removed a 15' Drainage Easement from the rear of Lots 1, 7 and 8.
Added a 5' Public Utility Easement on west side of Lot 10.
06/20/2022
Surveyor of Record Date
2/7/2022 Page 3 of 3
16A 5
CYK 4001 Tamiami Trail North, Suite 300
Naples, Florida 34103
COLEMAN YOVANOVICH KOESTER T: 239.435.3535 I F: 239.435.1218
Writer's Email:
mgrabinski@cyklawfirm.com
June 24, 2022
PLAT OPINION
EUCLID ESTATES
This opinion is provided pursuant to Section 177.041,Florida Statutes,to:
Collier County Board of County Commissioners
3301 Tamiami Trail East
Naples, Florida 34112
I, Matthew L. Grabinski, am an attorney licensed to practice in the State of Florida and I have, on
the 24th day of June, 2022, reviewed title evidence to the real property described on Exhibit"A", attached
hereto, as evidenced by that certain Title Commitment prepared by Chicago Title Insurance Company
(Order No.9189130 Rev A)as updated,which covers all public records up to and including June 10,2022,
through 8:00 a.m. with respect to and incorporated herein by reference.
Based solely upon my examination of the foregoing,and assuming the accuracy of the information
contained in the documentation relied upon, it is our opinion that as of 8:00 a.m. on June 10,2022:
The record title to the above-described property is vested as follows:
1. Angelo Lucarelli and Gail Lucarelli, pursuant to the deeds, copies of which are attached as
Exhibit"B-1", "B-2"and"B-3"; and
2. Daniel J. Robbins and Angela C. Lucarelli, pursuant to the deed attached hereto as Exhibit
"B-4"
3. In rendering this opinion,the undersigned has also relied on the Surveyor's Affidavit attached
hereto as Exhibit"C".
Said record title holder has a fee simple title thereto subject, however, to the following encumbrances or
qualifications:
1. Matters as contained in Lot Line Adjustment Affidavit recorded in Official Records Book 4664,
Page 1724, of the Public Records of Collier County,Florida.
2. Underground Easement in favor of Florida Power and Light as recorded in Official Records Book
5830,Page 1512,of the Public Records of Collier County, Florida.
Note: Taxes for the year 2022 became a lien on the land January 1st although not due or payable
until November 1st of said year. Taxes for the year 2021 are PAID.Tax ID Numbers 00162360002,
cyklawfirm.com
Collier County Board of County Commissioners 1 6 A 5
Re: Plat Opinion—Euclid Estates
Page 2
June 24,2022
00165402200,00162400001,00162080007 and 00162160008.
Respectfully submitted,
Matthew L. Grabinski, Esq.
Coleman, Yovanovich&Koester, P.A.
4001 Tamiami Trail North, Suite 300
Naples, Florida 34103
cyklawfirm.com
•
1 6 A 5
Collier County Board of County Commissioners
Re: Plat Opinion—Euclid Estates
Page 3
June 24,2022
Exhibit"A"
A parcel of land lying in Section 24, Township 48 South, Range 25 East, Collier County, Florida, and
more particularly described as follows:
Commencing at the Northeast corner of Lot 364. Willoughby Acres as recorded in Plat Book 8, Pages
24 '26, inclusive,and run along the West right-of-way line of Euclid Avenue N 00 degrees 34' 01" W for
135.71 feet to the Point of Beginning;thence run S 88 degrees 30' 35" W for 179.95 feet; thence run S 00
degrees 32' 59" E for 135.92 feet to the North line of the Willoughby Acres Subdivision;thence run along
said North line S 88 degrees 26' 35" W for 452.26 feet to the East line of the Falcon Ridge Subdivision;
thence run along said East line N 00 degrees 31'26" W for 332.77 feet to the South line of the
Willoughby Pines Subdivision;thence run along said South line N 88 degrees 34' 01" E for 631.99 feet to
the West right-of-way line of Euclid Avenue;thence run along said West right-of-way line S 00 degrees
34' 01" E for 195.68 feet to the Point of Beginning.
cyklawfirm.com
EXHIBIT "(-I"
1 6 A 5
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0-1 3 S 7 2 6 3 • I990 FEB 27 AM 7: 31 001506 000463
COLLIER COUNTY RECORDED OR BOOK PAGE
WARRANTY DEED
REC•Z THIS INDENTURE, made this Z3 1� �taL day of , 1990,
PR 442_, between JAMESTP. MELLETT and JUNE R. MELLETT, husband d wife, as
DOC7g Van estate by the entireties, of the County of Collier, State of
INT...�_ Florida, Grantors, and ANGELO LUCARELLI and GAIL LUCARELLI husband
IND— and ocial security numbers are: (AL) d
4/ieve, (GL) whose post N�Q E office is:.
400 —u�c ID �)UENu
of the County of CoLLIE/t , State of 339702,, Grantees,
WITNESSETH:
That said Grantor, for and in consideration of the sum of Ten
and rNo/1¢0 Dollars ($10.00) and other good and valuable
consideration to said Grantor in hand paid by said Grantee, the
receipt whereof is hereby acknowledged, has granted, bargained and
sold to the said Grantee, and Grantee's heirs and assigns forever,
the following described land, situate, lying and being in Collier
County, Florida,, to-wit:
See Attached Exhibit A
Subject to easements and restrictions common to the
subdivision;,bil, gas and mineral interests of record in any;
zoning and use restrictions imposed by governmental authority;
taxes for the current year.
Property I.D. Number:' 00162080007
and said Grantor does hereby fully warrant the title to said land,
and will defend the same 'against the lawful claims of all persons
whomsoever.
*"Grantor" and "Grantee" are- used for singular or
plural, as context requires.
IN WITNESS WHEREOF, Grantor' has hereunto set grantor's hand
and seal the day and year first above written.
Signed, sealed and delivered
in our presence:
,/ JAMES P. MELLETT
r/ ^�� E R •MELT,ETT
/ .�.c. ✓/_ dit�oy#% Recew 4"•,%.o _f?ocamento y 5mn Tax
Recewad$ (l?.'Ct Intan:;i
d'1 F'ersnta:X'4c;>Nrty Tax
STATE OF FLORIDA COLLIER COUNTY CLERK OF COURTS
COUNTY OF COLLIER
I HEREBY CERTIFY that on this day before e, an office duly
qualified to take acknowledgments, personally appeared JAMES P.
MELLETT and JUNE R. MELLETT to me known to be the person 'described
in and who executed the foregoing instrument and acknowledged
before me that he executed the same.
u4
WITNESS my hand and official seal in the County and State last
a
aforesaid this _day of F � ,1990. `
x h i
My Commission Expires: (�(j✓H,�.
DARLAJO C. SWAN, NOTARY PUDLIC Notary 1PL blic� ���' <''
THE STATE OF FLORIDA AT LARGE - �-
MY COHHISSION EXPIRES 11-02-91 Notar 1Se 1
This instrument prepared by: ( O �. . °�
GEORGEP.LANGFORD
3357 TAMIAMI TRAIL NO TI I
NAPLES,FLORIDA ,.)d^
16A
0 0 I 5 0 8 00.0464•
•
OR BOOK PAGE
EMiIBIT A
•
Commencing at the Northeast corner of.rot 364, Willoughby Acres, as
xeesrded 1n Plot look 8. Pogo e 24, of the Public Records of Collier
•
County, : Thence along the Northerly line of sold Willoughby
Acres ■ 89°08' 25'W, 280.0 'feet for a.PLACE Or SE0INNZN0:
Thence continuing S 890 08* 26'W, 352.18 feet to the Northwest
corner of Lot 357 of said Willoughby Acres: Thence along the North-
erly extension of the Westerly line of sale Willoughby Acres
/ fls °00' 30'f, 331.01 teat to the,W■terly extension of the Most
,, tberly line of sold Willoughby Acres;Thence along sold W
.�' e,;taa'hien N 89°-06' 45' f, 352.21 feet to the lnterseetion Of a line
/280.0 foot West of, and pi. with Euclid Avenues Thence along
said l eS 0°00• 4S'W, 135.60 feet; Thence N 89°07' 35' t, 280.0
feet o the West line of Euclid Avenue; Thence along the West line
of clld Avenue S 0°00' 4S'W. 60.0 feet: Thence S 89°07' 35'W,
280.0 festf�pence S 0°00' 45'W, 135.60 feet to the Place of
Sagt,paig. 5eiag part of the N 1/2 of the SW 1/4 of the SE 1/4 of the
I:N tfft of Section.24, Township 48.South, Range 25 Lest, Collier
County,
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EXHIBITy '
1199 - 7 3 5:
i .......4 '►y 'me re tars taw ,-,�
Ilere•ty OreNs b004k PdGZ
t11Oe1CAL ill tlI Iass'e e. A4e*c1, Imc.
440 lin Street aeeia+, test* 3
`". Gael es. fl 33140
101e1711
. IAt 10 NO. 041621642044 Tjl?:-.7-:.-,.
WARRANTY DEED
1wIS WAAIAAtT OM •id, the !`a_ dey of tTU.>,rS A.O. 1443 iy
JAWt S P. *LIAEtt AA0 JUNi AEILEtt MUSIAAD AND WIFE
.nose postoffice address is 46 Atlantic Way, Naples, Florida . hereinafter
called the grantor, to
ANGELO LUCAAELLi AN0 GAIL LUCARELLI HUSOANO AND WiFE
whose postoffice address is 400 Euclid Ave. Naples, FL 33942, hereinafter called
LP
the grantee:
ti
w WiTNESSETH: That the grantor, for and in consideration of the su■ of ten and
O
00/100 (110.00) Dollars and other valuable considerations, receipt whereofis
an _
Fv v
hereby acknowiedgee. hereby grants. 4argo::Is, "" :Iicra rent:::,
^el .
coconveys and confirms unto the grantee, all that certain land situate In Collier
County, Florida, viz:
EThe West 100.00 feet of the following described parcel:
Beginning at the Northeast, r rr-o -let 364, WILLOUGHBY ACRES. as
recorded in Plat Book 8 1 &$ public Records of Collier
County, Florida; thence/Alt 04 the Nortlre 1+,1i ne of said Willoughby e
Acres, S 89 Or 25' W 280..00 feet; thence \50'00'45" E 135.60 feet;
thence M 89 07'35' E 280,t 0-feet-.to the Weste1y right-of-way line of
'* tr-- Eucl f d Avenue; thence al only--lb li ste''Yy' rii ghttof\way 1 i ne of Euclid
two o Avenue, S 00 00' 45" W 1 5 f t b.e t corner of said Lot ,
¢ v 364 and the Place off Be4inhi
a
` � t :\) 1 �.
titu This Deed beingWaco de t�C�o}• 4he' egA estT Lion of that deed
co zj-
recorded in Offi ci al'r ecords Book 142 1jege)231 ubl i c Records of
O �j Collier County, Flori` d \ /!!
\fir. 1' ,/-°/
TOGETHER with all the tenaei4 hereditaments appurtenances thereto
belonging or in anywise apperiai n :.i in____- s-
TO HAVE AND TO HOLD, the same i n Fit-$1_iIP.C£=�'--
AND the grantor hereby covenants with said grantee that the grantor is lawfully
seized of said land in fee simple; that the grantor has good right and lawful
authority to sell and convey said land; that the grantor hereby fully warrants
the title to said land and will defend the same against the lawful claims of all
persons whomsoever; and that said land is free of all encumbrances, except taxes
accruing subsequent to December 31, 1992.
IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the
day and year first above wri tten.
Signed, sealed and deli vered in our presence:/
I �
Wiwi- L'�
1 '' JAMES P. MEETT
BEVERLY R. BROOKS
\ itness #1 ( int name) -- -_
IEE
Witness /2 JU MELLETT
Witneesss8f2-k pr1nt"l Be)
Fecei•:ed $ .70 nc_'mE t°ry Stsm; Tax
neccived $ !':ss: :n;:, '.b -_,
N/A F.rr,ni i:: -t' '.ac
081Gti EiLEI!,
RY —9QV1._ r
•
1 1 9rt�9 �, ,�Za 3 5 3
i(dtt O< nett C UI 812 PAGE
CAYatt is Canter
tMe te•ltelSC twelrb Mat ►efe•e er tNa ial of
/f:V$l • b3 JANA P. attllttt a1A Jyat RLlCttt U 1Aati
r&O YIF(. .ro i%• ►er1101kat17 1w.. to t• .►•e tra.a r•olecee
at tdtettatcrttc• aN .we d14 wet tale ow *alb
!w! eaetitled l►e teats Per tbs rarfoaet tk.reta coalatwe4.
7 '
�( y.
My cosytastow aspires: A.A.J tic/ [�.__
aot ark Iibttc
(SEAL) f�.LQ.ti F. ia&JU�,
IMMO
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pivoted ind*trifled
in pit is lel Fectrds of
DCOLLIER
icx EOsous UtaC
INSTR 5490847 OR 5463 PG 3768 RECORDED 1/2/2018 12:58 PM PAGES 3 RE-RECORD 1 6 A 5
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $27.00
EXHIBIT "6-3"
INSTR 5484721 OR 5459 PG 680
RECORDED 12/18/20157 1:05 PM PAGES 3
DWIGHT E.BROOK, CLERK OF THE CIRCUIT COURT
This instrument was prepared COLLIER COUNTY FLORIDA
without opinion of title and REC$27.00
after recording return to:
Matthew L.Grabinski,Esq.
Goodlette,Coleman,Johnson,Yovanovich&Koester,P.A.
4001 Tamiami Trail North,Suite 300
Naples,Florida 34103
(239)435-3535
NOTE TO CLERK: This deed represents a transfer for consideration of 510.00 and other valuable consideration. As of the date of this transfer,
Grantee owns 100%of the ownership interest in Grantor,and the property conveyed hereby is not subject to a mortgage. Therefore,pursuant to
Crescent Miami Center.LLC v.Florida Dept.of Revenue 903 So.2d 913(Fla.2005)no documentary stamp tax is due hereon. lv s
x
o cn
2(p.
(space above this line for recording data)
= D
NO C/fi F ij
SP ` ' ARRA- ' 1a ED u
THIS SPECIAL WARRj ..Ny 'cp ITIs made.s this u )slay of December, 2017, between rr,6
Casata Holdings, Inc., a Florida corporation, w - maili g address is�`5640 Taylor Road, E5, Naples, cal
FL 34109 ("Grantor") and Angelo{ r n • 1 u. • i,''r sbakid and wife,whose post office 1
address is 400 Euclid Ave.,N lesl 341 0 ra e, CD
rl
CL
WITNESSETH that tor, for an in co iderat.sn o e sum of TEN AND 00/100
DOLLARS ($10.00) and other and valuable consid ,tior}to .-1ytor in hand paid by Grantee, the
receipt whereof is hereby ackn ed, hereby grants; r:a. sclills, conveys, and confirms unto 2,
Grantee and Grantee's heirs, succ Cod assigns forever, f:l' wing described land, situate, lying R
T
and being in the County of Colliers a to wit:- �\ a,
See attached Exhibit A
Property ID Nos.: 00162080007,00162360002 and00165402200
Subject to: (a) ad valorem real property taxes for the year 2018 and subsequent
years; (b) zoning, building code and other use restrictions imposed by
governmental authority;(c)outstanding oil,gas and mineral interests of record,if
any; and(d)restrictions,reservations,and easements common to the subdivision,
if any.
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in
anywise appertaining.
TO HAVE AND TO HOLD,the same in fee simple forever.
AND Grantor hereby covenants with Grantee that Grantor is lawfully seized of said land in fee simple;that
Grantor has good right and lawful authority to sell and convey said land,and hereby warrants the title to said
land and will defend the same against the lawful claims of all persons claiming by,through or under Grantor.
OR 5463 PG 3769 1 6 A 5
In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above
written.
Signed, sealed and delivered in our presence:
Casata Holdings, Inc.,
a Florida corporation
Witness Name: atthew L. -uirroki
r
"/ By:
ngelo ucarel 1, Presi e
dire
it.1Mlor e: Cheryl Hillesheim (CORPORATE SEAL)
�OV,I. COO T
pTState of Florida
County of Collier \._____
The foregoing instrument was lac o "le .. qr .1.- ,ay of December, 2018 by Angelo ucarelli,
President of Casata Holdings' In , a td,j cpr ,ota n, •• ;r a Rf oft the corporation, who personally
known to me or [] has produded ; I ' i 4s identification.
�„ ,,JATTNEW GRABINSKI i
1
a'�pY P�°<<;; Notar ublic-State of Florida
Commission#FF 921856 "1
's". ," Jr My Gomm.Expires Jan 20,2020
''gOt;: ' Bonded through Nalional Notary Assn.
`[Notary Sea ^,_ ,, ` ---.„11�b Pu lic
•ussy ;;„.,._ C.1 _r
oZ` -1>''6'.. Printed Name: Matthew L.Grabinski
My Commission Expires:
ussyAieioNIeuopeNu5nagipapuo9 ,,,,io„
OZOZ'OZ uep salldx3•wwo9 FW ;d4°����'s
9981Z6 3J#uoisslwwo0 F r;i
epilol3 to aie1S-allgnd ItleioN ',"� o?t7
IHSNI9VHD M3H1101 "9e;;;":,,'
*** OR 5463 PG 3770 *** a 6 A 5
EXHIBIT A
LEGAL DESCRIPTION
A parcel of land lying in Section 24, Township 48 South, Range 25 East, Collier County, Florida, and
more particularly described as follows:
Commencing at the Northeast corner of Lot 364, Willoughby Acres as recorded in Plat Book 8,Pages 24-
26,inclusive, and run along the West right-of-way line of Euclid Avenue N00°34'01"W for 135.71 feet to
the point of beginning;thence run S88°30'35"W for 179.95 feet; thence run SOO°32'59"E for 135.92 feet
to the North line of the Willoughby Acres Subdivision;thence run along said North line S88°26'35"W for
452.26 feet to the East line of the Falcon Ridge Subdivision; thence run along said East line
N00°31'26"W for 332.77 feet to the South line of the Willoughby Pines Subdivision; thence run along
said South line N88°34'01"E for 631.99 feet to the West right-of-way line of Euclid Avenue; thence run
along said West right-of-way line S00°34'01"E for 195.68 feet to the point of beginning.
LESS AND EXCEPT THE FOLLOWING:------__
R COr .
Proposed Lot 10,CASATA,more pa •des`crl e1614:
-.`,,,
Commencing at the Northeast co ro Lot 364, Willoughby Ac
ner res, as•recorded in Plat Book 8, page 24
through 26 of the Public Records of;Collier-C4,ou if Florida and ru N00°34'01"W along the West right-
of-way line of Euclid Avenue or 3 eet),.tbin0....rur S88°31 "Wfor 179.95 feet to the Point of
Beginning; thence run S00'32 59" f r 9Jleet Y'`ce'r",n .1° 6'35"W for 86.66 feet; thence run
N01°23'48"W for 141.30 feet; the e un 81°3, ' 2'foi 8:17 fedt thence run S00°32'59"E for 5.16
feet to the Point of Beginning. 171. __, „'
— 1
PARCEL ID NO.: 0016216000 r
AND
0,4, �1
LESS AND EXCEPT THE FOLLOWIIN` E CIRica).-64
A TRACT OR PARCEL OF LAND LYING IN SECTION 24,TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, SAID TRACT OR PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 364, WILLOUGHBY ACRES AS RECORDED IN PLAT
BOOK 8, PAGES 24 THROUGH 26, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA,THENCE RUN ALONG THE WEST LINE OF EUCLID AVENUE,AS SHOWN ON SAID PLAT,
N.00°34`01"W. FOR 331.39 FEET(AS NOW MEASURED) (WILLOUGHBY PLAT BEARING AND DISTANCE
BEING N.00°00'45"E. FOR 331.33 FEET)TO A POINT, SAID POINT BEING THE SOUTHEAST CORNER OF
LOT 14, WILLOUGHBY PINES AS RECORDED IN PLAT BOOK 17, PAGES 22 AND 23, SAID PUBLIC
RECORDS, SAID POINT ALSO LYING 60.0 FEET WEST OF THE NORTHWEST CORNER OF LOT 413, OF
SAID WILLOUGHBY ACRES, SAID POINT ALSO BEING THE POINT OF BEGINNING. FROM SAID POINT OF
BEGINNING RUN S.00°34'01"E., ALONG THE WEST LINE OF SAID EUCLID AVENUE FOR 135.67 FEET;
THENCE RUN S.88°34'53"W. FOR 120.30 FEET;THENCE RUN N.01°23'48"W. FOR 135.62 FEET TO THE
SOUTH LINE OF SAID WILLOUGHBY PINES; THENCE RUN N.88°34'01"E.,ALONG SAID COMMON LINE,
FOR 122.26 FEET TO THE POINT OF BEGINNING.
BEARINGS HEREINABOVE MENTIONED ARE BASED ON A BEARING OF N00°301"W. ALONG THE WEST
LINE OF EUCLID AVENUE, ACCORDING TO THE DESCRIPTION IN DEED RECORDED IN OFFICIAL
RECORD BOOK 4418, AT PAGES 3742 THROUGH 3744, INCLUSIVE, SAID PUBLIC RECORDS.
PARCEL ID NO.: 00162400001
INSTR 5672572 OR 5598 PG 3988 RECORDED 2/15/2019 10:07 AM PAGES 3 1 6 A 5
CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA
DOC@.70 $1,925.00 REC $27.00
CONS $275,000.00
EXHIBIT " t -`"
Prepared by and return to
Matthew L.Grabinski,Esq.
Coleman,Yovanovich&Koester,P.A.
4001 Tamiami Trail North Suite 300
Naples,FL 34103
239-435-3535
File Number 16035.001
Consideration $275,000.00
[Space Above This lane For Recording Data]
Warranty Deed
This Warranty Deed made this 14th day of February,2019 between Marie A Lucarelli,a single woman whose post
office address is 27 Hanover St., Apt. 1, Glen Rojkc-PA-177,327, grantor, and Daniel J. Robbins, II and Angela C.
Lucarelli,husband and wife whose post office ad est\s, .O I A�e.,Naples,FL 34110,grantee
ram ` - --- - 1
(Whenever used herein the terms "grantor" and "grarneeuchkde all the parties to this 1p t1F and the heirs, legal representatives, and assigns of
individuals,and the successors and assigns of corpor>itioiis,trusts and trustees)
Witnesseth, that said grantor, for and in.Conslderatipn of the sum cif TEN 1D\O/l00 DOLLARS ($10 00)and other
good and valuable considerations to said grantor„in hardr,said g,rantee.11je receipt whereof is hereby acknowledged,
has granted, bargained, and sold to the s 'gran'te ;'all rbrit� liei arid' suns forever, the following described land,
V),.....)
situate,lying and being in Collier Cohnty t 'rida o- it ]11
See attached Exhibit A r;\\,
.../ 1-7
Parcel Identification Number:001 2400001
r
Subject to: (a) ad valorem real r taxes for the year}61,9af�d subsequent years, (b) zoning,
building code and other use restric sw sed b_goverl"l 'lit Yauthority; (c)outstanding oil,gas
and mineral interests of record, if any;,adds'(0l1 resst_r t� hs,rvattons,and easements common to
the subdivision,if any.
Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining
To Have and to Hold,the same in fee simple forever
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple,that the
grantor has good right and lawful authority to sell and convey said land,that the grantor hereby fully warrants the title to said
land and will defend the same against the lawful claims of all persons whomsoever
DoubleTime®
OR 5598 PG 3989 1 6 A 5
In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written
Signed,sealed and delivered in our presence
,;� � 2
0 ()MA Q._j__A
Wit ess Name $ Pr- Marie A Lucarelli
Wiame ‘
State of M
County of /16 C .c V,R CO0
Y
The foregoing instrument was acknowl d e 'la ore m this/OZ�Kday elms y,2019 by Marie A Lucarelli,who [�is
personally known or PA has produced i //E as iden icati n
I
COMMONWEALTH F PENS' IA
NOTARIAL SE L t �J
Crystal L Torbert,Not Iublt�'� % /G i%`i
Glen Rock Soro;lYpkklCotnt6
[Notary Seal] My Commission Expl�,es Wy 25,2020 N P c
MEMBER PENNSYLVANIA ASS( IDt�OF NOTARIES / 2 / ` Vj_/k7
\\\✓✓J' Print a e G , L /c
r� My C [r' xpires 7-4��
E 0 ----';
Warranty Deed-Page 2 DoubleTime
*** OR 5598 PG 3990 *** 1 6 A 5
Exhibit A
A TRACT OR PARCEL OF LAND LYING IN SECTION 24,TOWNSHIP 48 SOUTH,RANGE 25 EAST,
COLLIER COUNTY,FLORIDA,SAID TRACT OR PARCEL OF LAND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 364,WILLOUGHBY ACRES AS RECORDED IN
PLAT BOOK 8,PAGES 24 THROUGH 26,INCLUSIVE,OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA,THENCE RUN ALONG THE WEST LINE OF EUCLID AVENUE,AS SHOWN ON SAID PLAT,
N00°34'01"W FOR 331.39 FEET(AS NOW MEASURED)(WILLOUGHBY PLAT BEARING AND DISTANCE
BEING N00°00'45"E FOR 331 33 FEET)TO A POINT,SAID POINT BEING THE SOUTHEAST CORNER OF
LOT 14,WILLOUGHBY PINES AS RECORDED IN PLAT BOOK 17,PAGES 22 AND 23,SAID PUBLIC
RECORDS,SAID POINT ALSO LYING 60.0 FEET WEST OF THE NORTHWEST CORNER OF LOT 413,OF
SAID WILLOUGHBY ACRES,SAID POINT ALSO BEING THE POINT OF BEGINNING. FROM SAID POINT
OF BEGINNING RUN S00°34'01"E,ALONG THE EST`LINE.QF SAID EUCLID AVENUE FOR 135.67 FEET;
THENCE RUN S88°34'53"W FOR 120 30 FE th 1{I} lip °23'48"W FOR 135.62 FEET TO THE
SOUTH LINE OF SAID WILLOUGHBYIi 'S 1"E ALONG SAID COMMON LINE
FOR 122.26 FEET TO THE POINT OF B NG.
i / -1--N
BEARINGS HEREINABOVE MENTION 'RE-IrASEJ QN A BEARI O N00°34'01"W ALONG THE WEST
LINE OF EUCLID AVENUE,ACCOIRDI iG t.' D CRIPTVON IN EE {RECORDED IN OFFICIAL
r
RECORDS BOOK 4418,PAGES 3742 TrH n I V \PU LIC RECORDS.
Parcel Identification Number:00162401 U
0\\N.„.„.. ...___ E-+
74,e, ,-.&
File Number 16035 001 DoubleTimee
EXHIBIT " G " 16 A 5
SURVEYOR'S AFFIDAVIT
STATE OF FLORIDA
COUNTY OF COLLIER
BEFORE ME, the undersigned authority, personally appeared Timothy J. Devries, who
after being duly sworn, deposes and states as follows:
1. Affiant is a licensed Florida Surveyor.
2. Affiant's State License No. is#6758.
3. That the parcel of real property described in Exhibit A, constitutes the same
property (without gaps) as the property described in the following deeds:
a. Deed to Daniel J. Robbins, 11 and Angela C. Lucarelli recorded in Official Records
Book 5598 page 3988, Public Records of Collier County, Florida.
b. Deed to Angelo Lucarelli and Gail Lucarelli recorded in Official Records Book 5463
page 3768, Public Records of Collier County, Florida.
c. Deed to Angelo Lucarelli and Gail Lucarelli recorded in Official Records Book 1799
page 2352,Public Records of Collier County, Florida.
d. Deed to Angelo Lucarelli and Gail Lucarelli recorded in Official Records Book 1508
page 0463, Public Records of Collier County, Florida.
4. Affiant further states that he is familiar with the nature of an oath, and with the
penalties as provided by the laws of the State of Florida for falsely swearing to
statements made in an instrument of this nature. Affiant further certifies that he
has read or has had read to him, the full facts of this affidavit and understand its
contents.
FURTHER AFFIANT SAYETH NAUGHT.
Timothy J. Devries
Sworn to and subscribed before me 40 I' In person or by online notarization by
Timothy J. Devries this ( 't day of March, 2021, who is [ personally known to me or [j
produced as i fi ion
7:Y SHARON UMPENHOOR Notary Public
(SEAL) MY COMMISSION it GG 161460 PRINT NAME
%-' EXPIRES:December 4,2021 My Commission Expires:
:Far F°; Bonded mm Notary Public Underwriters
1 6 A 5
Exhibit "A"
Legal Description Used for Casata Plat
A parcel of land lying in Section 24, Township 48 South, Range 25 East, Collier County,
Florida, and more particularly described as follows:
Commencing at the Northeast corner of Lot 364, Willoughby Acres as recorded in Plat Book
8, Pages 24-126, inclusive, and run along the West right-of-way line of Euclid Avenue N 00
degrees 34' 01" W for 135.71 feet to the Point of Beginning; thence run S 88 degrees 30'
35" W for 179.95 feet; thence run S 00 degrees 32' 59" E for 135.92 feet to the North line
of the Willoughby Acres Subdivision; thence run along said North line S 88 degrees 26' 35"
W for 452.26 feet to the East line of the Falcon Ridge Subdivision; thence run along said
East line N 00 degrees 31' 26" W for 332.77 feet to the South line of the Willoughby Pines
Subdivision; thence run along said South line N 88 degrees 34' 01" E for 631.99 feet to the
West right-of-way line of Euclid Avenue; thence run along said West right-of-way line S 00
degrees 34' 01" E for 195.68 feet to the Point of Beginning.
1 6 A 5
This Instrument Prepared By:
Matthew L.Grabinski
Coleman,Yovanovich&Koester,P.A.
Northern Trust Bank Building
4001 Tamiami Trail North, Suite 300
Naples,Florida 34103
(239)435-3535
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR
EUCLID ESTATES
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THIS DECLARATION, is made this t..0--day of July, 2022, by Euclid Estates, LLC, a
Florida limited liability company, hereinafter referred to as"Declarant" or"Developer".
WITNESSETH:
WHEREAS, Declarant is the owner of certain real property located in Collier County,
Florida, which is more particularly described in Exhibit "A" attached hereto, and desires to
create a residential community known as Euclid Estates.
WHEREAS, Declarant wishes to provide for the preservation and maintenance of the
appearance, values and amenities of Euclid Estates and, to this end, desires to subject the real
property described in Exhibit "A" to the terms, conditions, rights and obligations of this
Declaration of Covenants, Conditions and Restrictions for Euclid Estates, herein called the
"Declaration," and has created a non-profit membership corporation, Euclid Estates
Homeowners' Association, Inc., herein called the "Association," to be given the power and duty
of maintaining and administering the Common Areas and enforcing this Declaration.
NOW, THEREFORE, Declarant hereby declares that all of the properties in Exhibit "A"
shall be held, sold and conveyed subject to the following easements, restrictions, covenants and
conditions, which are for the purpose of protecting the value and desirability of, and which shall
run with, the real property and be binding on all parties having any right, title or interest in the
properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of
such Owner thereof.
ARTICLE I
DEFINITIONS
1.1 "Articles" shall mean and refer to the Articles of Incorporation of the Master
Association, attached hereto as Exhibit"B", as amended from time to time.
1.2 "Assessment" shall mean a sum or sums of money for common expenses
provided for herein, or by any subsequent amendment which shall be used for the purposes of
promoting the recreation, common benefit, and enjoyment of the Owners and occupants of
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Euclid Estates and of maintaining the Property or Common Areas within Euclid Estates, all as
may be specifically authorized from time to time by the Board of Directors which, if not paid by
an Owner, can result in a lien against the Lot or Unit.
1.3 "Association" shall mean and refer to the Euclid Estates Homeowners'
Association, Inc., its successors and assigns.
1.4 "Association Property" shall mean and refer to all supplies, furniture, equipment
and any other personal property owned by the Association for the purpose of carrying out the
duties of the Association, the Board, the officers, or other agents acting on behalf of the Board or
Association.
1.5 "Board of Directors" or "Board" shall mean and refer to the representative body
that is responsible for the administration of the Association.
1.6 `By-Laws" shall mean and refer to By-Laws of the Master Association attached
hereto as Exhibit"C", as amended from time to time.
1.7 "Common Areas" shall mean all real property and improvements thereto to be
owned or leased by the Association for the common use and enjoyment of the Owners, their
Guests, agents, assigns, employees and invitees, as well as all real property which is dedicated to
the Association or its members by recorded plat. The Common Areas shall specifically include
all storm water management systems that serve the Property.
1.8 "Declarant" or"Developer" shall mean and refer to Euclid Estates, LLC, LLC, its
successors and assigns. It shall not include any person or entity who purchases a Lot or Unit,
unless such purchaser is specifically assigned some or all rights of Declarant by a separate,
recorded instrument.
1.9 "DEP" shall mean and refer to the Florida Department of Environmental
Protection or its successors.
1.10 "Dwelling" shall mean and refer to a single-family or multi-family residence and
ancillary structures such as garages, decks, swimming pools, screen enclosures and outbuildings.
1.11 "Guest" means any person who temporarily occupies a Lot or Unit at the
invitation of the Owner without the payment of consideration or rent.
1.12 "Institutional Mortgagee" shall mean and refer to the holder of a first mortgage
against a Lot or Unit, which holder is a bank, savings and loan association, 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, and their successors
and assigns, or any entity recognized in the community as an institutional lender. The mortgage
may be placed through and closed in the name of a mortgage broker.
1.13 "Lease" means the grant by an Owner of a temporary right of use of the Owner's
Lot or Unit for valuable consideration.
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1.14 "Lot" shall mean a platted residential Lot upon which an attached or detached
dwelling unit may be built, as shown on the Plat of Euclid Estates, to be recorded in the Public
Records of Collier County, Florida.
1.15 "Member" shall mean and refer to all Lot or Unit Owners.
1.16 "Occupant," when used in connection with a Lot or Unit, means any person who
is physically present in a Lot or Unit for two (2) or more consecutive days, including staying
overnight.
1.17 "Owner" shall mean and refer to the record Owner, whether one or more persons
or entities, of the fee simple title to any Lot or Unit situated upon the Properties, but shall not
mean or refer to any mortgagee, unless and until any such mortgagee has acquired title pursuant
to foreclosure or any proceeding in lieu of foreclosure.
1.18 "Permit" shall mean and refer to the self-certification for a storm water
management system in uplands serving less than 10 acres of total project area, which self-
certification has been made with respect to the Property as permitted by the DEP.
1.19 "Primary Occupant" shall mean the natural person approved for occupancy when
title to a Lot or Unit is held in the name of a trustee, a corporation, or other entity which is not a
natural person.
1.20 "Properties" or "Property" shall mean and refer to that certain real property
described in Exhibit "A," known as EUCLID ESTATES, and such additions thereto as may
hereafter be brought within the jurisdiction of the Association and submitted to this Declaration.
1.21 "Single Family" shall mean a family unit comprised of the Owner, spouse,
children, parents, brothers, sisters, grandchildren and other persons permanently cohabiting with
the Owner as, or together with, the Owner as a Primary Occupant.
1.22 "Unit" shall mean each separate condominium unit which is created in the
Property by a recorded Declaration of Condominium.
ARTICLE II
PROPERTY RIGHTS
2.1 Common Areas. Every Owner shall have a right and easement of enjoyment in
and to the Common Areas, together with a nonexclusive easement of ingress and egress over the
roadways in the Properties, which right and easement of enjoyment shall be appurtenant to and
shall pass with title to every Lot or Unit subject to the following provisions:
A. The right of the Association to charge all Owners reasonable Assessments
for the maintenance and repair of the Common Areas and Association Property.
B. The right of the Association to dedicate, transfer or grant an easement or
property rights to all or any part of the Common Areas to any public agency, authority, or
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utility for such purposes, and subject to such conditions as may be agreed to by the
Members.
C. The right of the Board to promulgate, modify, amend and enforce
reasonable rules and regulations relating to the use and enjoyment of the Common Areas.
D. Ownership of each Lot shall entitle the Owner thereof to an easement over
any portion of their driveway located beyond their Lot line.
E. Utility easements are hereby reserved throughout the Properties as may be
required to adequately serve the Properties.
F. Easements for ingress and egress and right-of-way are reserved for
pedestrian traffic over, through, on and across all Common Areas and upon all sidewalks,
paths, walkways, lanes, streets and avenues, as the same from time to time exist upon the
Common Areas; and for vehicular traffic over, through and across such portions of the
Common Areas as from time to time may be installed for such purposes.
G. There shall be an easement for encroachment in favor of the Declarant,
Owners and the Association where any portion of the Common Areas encroaches upon
any portion of the Properties or any Lot therein.
2.2 Family and Guests. Any Owner may delegate, in accordance with and subject to
the By-Laws and this Declaration, his right of enjoyment to the Common Areas and facilities to
the members of his family, his Guests, tenants, invitees or contract purchasers who reside on the
Property.
2.3 Conveyance of Common Areas. The Declarant shall not be required to convey the
legal and equitable title and ownership to the Common Areas or any part thereof until the time
the Declarant no longer owns any Lot or Unit in the Properties. Declarant may convey title, and
the Association shall accept title, at any time prior to the Declarant's conveyance of the last Lot
and Unit owned by the Declarant, at Declarant's sole option.
2.4 Judicial Partition. There shall be no judicial partition of the Common Areas, nor
shall Declarant, or any Owner or any other person acquiring any interest in the Properties, or any
part thereof, seek judicial partition thereof
2.5 Drainage and Utility Easements. No structure, planting or other material shall be
placed or permitted to remain within the easements for installation and maintenance of utilities
and any drainage facilities, which may damage or interfere with the installation and maintenance
of utilities, or which may damage, interfere with, or change the direction of flow of drainage
facilities in the easements.
2.6 Storm Water Management System. The storm water management system provides
for on-site storm water retention within the Properties. This water management system is
designed to hold water during the rainy season, and standing water may result in the Common
Areas and Lots. The Association shall be responsible for the operation, repair and maintenance
of the storm water management system.
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2.7 No Removal of Access or Drainage Easements. Notwithstanding any provision
herein to the contrary, the access and drainage easements evidenced hereinabove, may not be
removed by subsequent owners of Lots nor shall any amendment to this Declaration terminate
such easements without the consent of the DEP.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
IN THE ASSOCIATION
3.1 Qualification. Every person or entity who is a record fee simple Owner of a Lot or
Unit, including Declarant, at all times as long as it owns all or any part of the Property, shall be a
Member of the Association, provided that any such person or entity who holds such interest only
as security for the performance of an obligation shall not be a Member. If any such Owner is not
a natural person, the subject entity shall designate a natural person who shall be the Primary
Occupant, and such natural person shall exercise the membership rights. Membership shall be
appurtenant to, and may not be separated from, ownership of any Lot or Unit which is subject to
Assessment. When any Lot or Unit is owned of record by two or more persons or other legal
entity, all such persons or entities shall be Members.
3.2 Voting. The Association shall be comprised of two (2) classes of membership: Class A
membership and Class B membership. Class A membership shall consist of all Owners of Lots within the
Property. Class B membership shall be comprised solely of the Declarant. The total number of votes
allocated to the Class A membership shall be equal to the number of Lots in the Property (one Class A
vote per Lot). The Declarant, as the Class B member shall have twice the Voting Interest as the Class A
Members combined and, consequently, shall control the Association until turnover. The existence of the
Class A membership shall be perpetual and shall continue so long as the Association is in existence. The
Class B membership shall terminate as of the date on which turnover occurs. The vote of a Lot or Unit
shall not be divisible. If a Lot or Unit is owned by one natural person, his right to vote shall be
established by the record title to the Lot or Unit. If a Lot or Unit is owned jointly by two or more
natural persons, that vote may be cast by any Owner present at the meeting at which the vote is
taken. If two or more Owners of a Lot or Unit are present and cannot agree among themselves
how their one vote shall be cast, that vote shall not be counted for any purpose. If an Owner is
not a natural person, the vote of that Lot or Unit shall be cast by the Primary Occupant
designated as set forth above.
ARTICLE IV
COVENANTS FOR MAINTENANCE ASSESSMENTS
4.1 Assessments. Subject to the provisions of Sections 4.13 and 4.14 herein, the
Declarant for each Lot or Unit owned by it within the Properties, hereby covenants and agrees,
and each Owner of any Lot or Unit (by acceptance of a deed therefor, whether or not it shall be
so expressed in any such deed or other conveyance), including any purchaser at a judicial sale,
shall hereafter be deemed to covenant and agree to pay to the Association annual, special and
initial capital Assessments to be fixed, established and collected from time to time as hereinafter
provided. All Assessments, together with interest, costs of collection and reasonable attorneys'
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fees, shall be a charge on the land and shall be a continuing lien upon the Lot or Unit against
which such Assessment is made, and shall also be the personal obligation of the Owner.
4.2 Initial Capital Assessment. An initial capital Assessment of Two Hundred and
Fifty Dollars ($250.00) per Lot or Unit may be levied against all Owners, including initial
Owners (other than the Developer), and all successor Owners, and shall be collected at closing.
4.3 Annual Assessments. The annual Assessments levied by the Association shall be
collected by the Board and shall be used for the purpose of promoting the health, safety and
welfare of the residents in the Properties, which may include, but shall not be limited to, the
following:
A. Improvements, maintenance and repair of the Common Areas, including,
but not limited to, the cost of maintaining:
1. All streets, driveways, parking areas and sidewalks, to the extent
that such improvements are a part of the Common Areas;
2. All landscaped areas including lawns, shrubs, trees and other
planting located on Common Areas;
3. All equipment and facilities owned by or acquired by the
Association located on the Common Areas or recreation areas, if any;
4. All sewer utility facilities, including pipes, lines, grinder stations
and lift stations in the Common Areas;
5. Walls, fences, signs, street lights and fountains located on the
Common Areas;
6. Maintenance and repair of all storm drains, drainage courses,
drainage easements, sprinkler systems in the Common Areas and utility
easements;
7. Painting of fences and entry gates that are part of or appurtenant to
improvements constructed on the Common Areas;
8. Maintenance and repair of automatic entry system and gates into
the Properties, electrical lighting, and other necessary utility services for the
Common Areas and non-potable water to service the sprinkler system in the
Common Areas and on the Lots;
B. Operation, repair and maintenance of the storm water management
system;
C. Hiring professional advisors, management companies and payment of
management fees and charges;
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D. Maintaining casualty insurance covering the full insurable replacement
value of the Common Areas with extended coverage;
E. Maintaining liability insurance insuring the Association against any and
all liability to the public, to any Owner, or to the invitees, or tenants of any Owner arising
out of their occupation or use of the Common Areas. The policy limits shall be set by the
Association, and shall be reviewed at least annually, and increased or decreased in the
discretion of the Association;
F. Worker's compensation insurance to the extent necessary to comply with
the Florida Statutes and any other insurance deemed necessary by the Board;
G. Acquiring equipment for the Common Areas as may be determined by the
Board, including, without limitation, all equipment and personnel necessary or proper for
use or maintenance of the Common Areas;
H. Any other materials, supplies, equipment, labor, management, supervision,
services, personnel, repairs, structural alterations, insurance, taxes or Assessments which
the Association is required to secure or pay pursuant to the terms of this Declaration or by
law, or which shall be necessary or proper in the opinion of the Board for the operation of
the Common Areas for the benefit of the Owners, or for the enforcement of these
restrictions;
I. Establishment of reserve accounts for capital expenditures and deferred
maintenance for the Common Areas;
J. Payment of real property taxes, personal property taxes and other
assessments levied against the Common Areas.
4.4 Special Assessments. In addition to the annual Assessments, the Association may
levy a special Assessment applicable to that year only, for reconstruction, unexpected repair or
replacement of a capital improvement as approved by the Board, including the necessary fixtures
and personal property related thereto, or for any other expenditure approved by the Board. A
special Assessment shall become due and payable according to reasonable terms and conditions
as set forth at the discretion of the Board. Special Assessments need not be levied at a uniform
rate, but may be allocated to specific Lots or Units which are specially benefited by the Special
Assessment.
4.5 Specific Assessments. In addition to other Assessments, the Association shall
have the power to levy Specific Assessments against a particular Lot in accordance with the
following provisions;
A. to cover the costs, including the overhead and administrative costs of
providing services to one or more Lots upon request by the Owner(s) thereof pursuant to
any special services which may be offered by the Association. Specific Assessments for
special services may be levied in advance of the provision of the requested service;
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B. to cover costs incurred in bringing the Lot into compliance with this
Declaration or any supplemental declaration or neighborhood declaration, as the same
may be amended from time to time, or costs incurred as a consequence of the conduct of
the Owner or occupants of the Lot, their agents, contractors, employees, licensees,
invitees or guests; and
C. to cover the costs of any extraordinary charges incurred by the Association
as a result of the specific type of landscaping improvements that an Owner may keep on
such Owner's Lot from time to time.
4.6 Determination of Assessments. The Board shall fix the date of commencement,
and the amount of the Assessments against each Lot and Unit for each Assessment at least thirty
(30) days in advance of such date or period and shall, at that time, prepare a roster of the Owners
and Assessments applicable thereto, which shall be kept in the office of the Association and shall
be open to inspection by any Member. No later than fourteen (14) days after fixing the date of
commencement and amount of Assessments, the Association shall notify Owners by sending
written notice of such commencement date and amount to said Owners at the address as shown
on the current roster of members, which notice shall be conclusive as to delivery to Owners. The
Association shall, on demand and for a reasonable charge, furnish to any Owner liable for said
Assessment a certificate in writing signed by an officer of the Association setting forth whether
said Assessment has been paid. Such certificate shall be conclusive evidence of payment of any
Assessment therein stated to have been paid.
4.7 Payment of Annual Assessments. The annual Assessments, for which provision is
herein made shall be paid quarterly, in advance. The first annual Assessment shall be adjusted
according to the number of months remaining in the fiscal year.
4.8 Delinquent Assessments. Any Assessment is delinquent if not paid within thirty
(30) days from its due date as determined by the Board. The following shall be added to all
delinquent Assessments:
A. Interest at the highest rate allowed by law;
B. Costs of collection; and
C. Reasonable attorneys' fees.
4.9 Assessment Lien. If an Assessment becomes delinquent, the Association may, at
any time thereafter, record a lien against the applicable Lot or Unit in the Public Records of
Collier County, Florida. Such lien shall be prior to and superior to the creation of any homestead
status on the property and any subsequently recorded liens or encumbrances.
4.10 Action to Collect. The Association may take one or both of the following actions
in order to collect a delinquent Assessment:
A. If a lien has been recorded, bring an action to foreclose such lien in a like
manner as a foreclosure of a mortgage on real property; and/or
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B. Bring a suit against the Owner on the personal obligation.
4.11 Subordination of Assessment Lien. The lien of the Assessment for which
provision is herein made, as well as in any other Article of this Declaration, shall be subordinate
to the lien of any first mortgage to an Institutional Mortgagee unless the claim of lien is recorded
prior to the mortgage. Such subordination shall apply only to the Assessments which have
become due and payable prior to a sale or transfer of such Lot or Unit pursuant to a decree of
foreclosure, and in any other proceeding in lieu of foreclosure and shall relieve any Lot or Unit
neither from liability for any Assessments thereafter becoming due, nor from the lien of any
subsequent Assessment.
4.12 Unconditional Obligation of Owner. Suspension of a Member by the Board shall
not relieve a Member from the obligation to pay any Assessment as it becomes due. No Owner
may waive or otherwise escape liability for the Assessments provided for herein by non-use of
the Common Areas.
4.13 Exempt Property. Notwithstanding any provision herein to the contrary, the
following property subject to this Declaration shall be exempted from the Assessments charges
and liens created herein:
A. All properties to the extent of any easement or other interest therein
dedicated and accepted by County and devoted to public use;
B. All Common Areas as defined in Article I, Section 1.5;
C. Lot 1 of the Plat of Euclid Estates (the "Plat"), until such time (if ever)
that the then record-owner of Lot 1 elects to construct a driveway for the purpose of
providing vehicular ingress and egress to the residence located on Lot 1 over the south
boundary line of Lot 1 via the Tract R of the Plat (the "Connection Contingency"). If the
Connection Contingency occurs, then commencing on the 1st day of the 1st full calendar
quarter after the date that the Connection Contingency occurs (as determined by the
Board in its sole discretion), Lot 1 shall at all times thereafter be subject to all
Assessments levied from time to time hereunder.
4.15 Payment of Deficiency by Declarant. Notwithstanding any provisions of this
Declaration or the Association's Articles of By-Laws to the contrary, the Declarant shall be
excused from payment of its share of the annual Assessment as to the Lots and Units owned by
the Declarant during the "Guaranty Period," which is a period commencing upon the recording
of this Declaration until the Declarant turns over the control of the Association to Members other
than the Developer. During the period of time when the Declarant is excused from paying its
share of any Assessments, the Declarant shall be obligated to pay the difference between the
Association's expenses of operation and the sums collected for annual Assessments from Owners
other than the Declarant and other income of the Association.
ARTICLE V
MAINTENANCE OF LOTS
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5.1 Duties of Association. The Association shall be responsible for the maintenance
and repair of the Common Areas, including the System.
5.2 Duties of Lot Owners. Each Lot Owner shall be responsible for lawn and
landscape maintenance of each Owner's respective Lot, as well as repairs and regular
maintenance of driveways on each Lot from each residence to the roadway providing access to
such residence. Lot Owners shall be responsible for the cleaning, and general maintenance and
repair of the interior and exterior of their residence or other improvements on their Lot. Such
responsibilities of the Lot Owners shall include, but not be limited to, the following:
A. repair or replacement of the driveway from their residence to the roadway
providing access to such residence;
B. Maintenance, repair or replacement of the roof of their residence;
C. Repair or replacement of damaged or destroyed portions of their residence
or other improvements on their Lot, including, but not limited to, broken glass or torn
screens;
D. Maintenance, repair or replacement of all interior and exterior painting.
All exterior painting must be in compliance with and approved by the Architectural
Review Board.
E. Maintenance (including irrigation) of all landscaping within any portion of
a platted landscape buffer easement encumbering such Lot, in accordance with applicable
codes.
F. Any maintenance responsibility that is not the responsibility of the
Association as set forth in Section 5.1 above.
5.3 Association Intervention. In addition to maintenance of the Common Areas, the
Association may provide upon any Lot or Unit requiring same, when necessary in the opinion of
the Board of Directors, to preserve the beauty, quality and value of the neighborhood, any
maintenance, repair or replacement that is otherwise the responsibility of the Owner as described
herein, if the Owner fails to replace, restore, repair or perform the required maintenance after ten
(10) days written notice to the Owner of the need of such replacement, restoration, repair or
maintenance.
The cost of such maintenance shall be assessed against the Lot or Unit upon which such
maintenance is performed, or at the option of the Board of Directors, against the Lots or Units
benefiting from the maintenance. The Assessment shall be apportioned among the Lots or Units
involved in the manner determined to be appropriate by the Board. Any such maintenance
Assessments shall not be considered a part of the annual or special Assessment. Any such
maintenance Assessment shall be a lien on the Lots or Units affected and the personal obligation
of the Owners, and shall become due and payable in all respects, together with interest,
reasonable attorneys' fees, and cost of collection, in the same manner and under the same
conditions as provided for the other Assessments of the Association.
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5.4 Reconstruction. In the event that any of the improvements located in the Property
are destroyed or damaged as a result of any cause, including, but not limited to, aging, fire,
windstorm, flood or tornado, the Owner shall cause repair or replacement of such improvements
to be commenced within thirty (30) days from the date of insurance settlement, and to complete
the repair or replacement within one (1) year thereafter. All such repairs or replacement must be
performed in accordance with standards promulgated pursuant to Article VI below.
5.5 Failure of Owner to Repair. In the event that any Owner fails to commence or
complete construction to repair or replace any damaged or destroyed improvements within the
time periods provided for herein, the Association shall be deemed to have been granted the right
by the Owner to commence and/or complete the repairs sufficient to substantially restore the
improvements to their original condition, according to the plans and specifications of the original
improvements.
ARTICLE VI
ARCHITECTURAL CONTROL AND RECONSTRUCTION
6.1 Approval of Architecture. No improvement, addition or deletion of structure of
any kind, including, without limitation, any building, fence, wall, screen enclosure, awning, or
other improvement shall be commenced, erected, placed or maintained upon any part of the
Properties, including any Lot, nor shall any addition, change, alteration, repair or replacement
therein or thereof be made, unless and until the plans, specifications and location of the same
shall have been submitted to, and approved in writing by the Declarant. All plans and
specifications shall be evaluated as to harmony of external design and location in relation to
surrounding structures and topography. The existing (as of 1/1/2022) residences on Lot 1 and
Lot 11 shall not be taken into account when evaluating the overall architectural theme of
the Property; in addition (and notwithstanding any provision herein to the contrary), Lot 1
and Lot 11 shall not be subject to terms and conditions of this Article VI unless and until
such time (if ever) that the existing (as of 1/1/2022) residence located on the respective lot is
razed and re-built.
6.2 Architectural Review Board. At such time as the Declarant no longer owns a Lot
or Unit within the Properties, the architectural review and control functions of the Declarant shall
be administered and performed by the Architectural Review Board (the ARB), which shall
consist of at least three (3) members, who need not be members of the Association. Members of
the ARB shall be appointed by and shall serve at the pleasure of the Board of Directors of the
Association. The Board shall in good faith attempt to appoint at least one (1) architect or
building contractor thereto. A majority of the ARB shall constitute a quorum to transact business
at any meeting of the ARB, and the action of a majority present at a meeting at which a quorum
is present shall constitute the action of the ARB.
6.3 ARB Vacancies. Any vacancy occurring on the ARB because of death,
resignation, or other termination of service of any member thereof, shall be filled by the Board of
Directors.
6.4 Powers and Duties. The ARB shall have the following power and duties:
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A. To recommend, from time to time, to the Board of Directors of the
Association the creation of or modification and/or amendment of any architectural
planning criteria promulgated by the Board. Any architectural planning criteria or
modifications or amendments thereto shall be consistent with the provisions of this
Declaration, and shall not be effective until adopted by a majority of the members of the
Board of Directors of the Association at a meeting duly called and noticed and at which a
quorum is present. Notice of the adoption, modification or amendment to the architectural
planning criteria, including a verbatim copy of such adoption, change or modification,
shall be delivered to each member of the Association; provided that, the delivery to each
member of the Association of notice and a copy of any adoption of or modification or
amendment to the architectural planning criteria shall not constitute a condition precedent
to the effectiveness or validity of such change or modification;
B. To require submission to the ARB of two complete sets of all plans and
specifications for any improvement or structure of any kind, including without limitation,
any building, fence, wall, swimming pool, enclosure, sewer, drain, disposal system,
decorative building, landscape device, object or other improvement, the construction or
placement of which is proposed in the Properties. The ARB may require such additional
information as may reasonably be necessary for the ARB to completely evaluate the
proposed structure or improvement in accordance with this Declaration and the
architectural planning criteria;
C. To approve or disapprove any improvement or structure of any kind,
including, without limitation, any building, fence, wall, swimming pool, screen
enclosure, drain or disposal system or other improvement or change or modification
thereto, the construction, erection, performance or placement of which is proposed in the
Properties, and which is visible from the outside of any Lot. All decisions of the ARB
shall be submitted in writing to the Board of Directors of the Association, and evidence
thereof may be made by a certificate, in recordable form, executed under seal by any
officer of the Association. Any party aggrieved by a decision of the ARB shall have the
right to make a written request to the Board of Directors of the Association within thirty
(30) days of such decision for a review thereof. The determination of the Board upon
reviewing any such decision shall in all events be dispositive; and
D. To adopt a schedule of reasonable fees for processing requests for the
ARB approval of proposed improvements. Such fees, if any, shall be payable to the
Association in cash, at the time that plans and specifications are submitted to the ARB.
6.5 Construction of a Residence. The construction of a residence on a Lot, by anyone
other than the Developer, or an entity pre-approved by the Developer to construct a residence
shall be subject to the following terms and conditions:
A. Plan Approval. Before commencing construction, the plans and specifications
of any residence to be constructed on any Lot must first be approved by the Developer or
ARB pursuant to Sections 6.1-6.4 above. Plans for landscaping must be submitted and
approved in the same manner.
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B. Commencement of Construction. Construction of a residence must be
commenced on or before twelve (12) months after execution of a Purchase Contract for a
Lot. If construction is not commenced within such period, Developer shall have the right,
but not the obligation, to repurchase the Lot at the purchase price paid by the Owner of
the Lot.
C. Completion Deadline. The Certificate of Occupancy shall be obtained from
Collier County within eighteen (18) months after the construction of a residence shall
have commenced, except were such completion is impossible or would result in a great
hardship to the Owner or builder due to strikes, fires, pandemics, supply shortages,
national emergencies or natural disasters.
6.6 Construction Activity. During the course of construction of a residence or any
improvements on a Lot, Lot Owners shall limit the construction traffic to the routes designated
by the Declarant or ARB. Parking and storage of construction equipment and vehicles and the
equipment and vehicles of construction personnel shall be in areas approved by the Declarant or
ARB. Owners shall maintain the construction activities on their Lots in a reasonably attractive
state, particularly on weekends and holidays when active construction work is not ongoing.
Owners shall provide screening and/or fencing acceptable to the Declarant or ARB if the
Declarant or ARB so requires.
ARTICLE VII
USE RESTRICTIONS
The use of the Lots and Units shall be in accordance with the following provisions:
7.1 Single Family. The Property may be used for single-family residential living and
for no other purpose. No trade, business, profession or other type of commercial activity may be
conducted on any part thereof(however, this Section 7.1 shall not be construed as prohibiting the
use of a home-office for at-home work and/or remote-working, so long as the presence of such
at-home office is not advertised or otherwise marketed to the general public).
7.2 Unauthorized Structures. No tents, trailers, shacks, tanks or temporary or
accessory buildings or structures shall be erected or permitted to remain on any Lot or the
Common Areas without the written consent of the Declarant or of the Association. No swing
sets, basketball backboards, sandboxes or other such equipment shall be erected or permitted to
remain on any Lot or the Common Areas without the written consent of the Declarant, or of the
Association.
7.3 Communication Equipment. No aerial, antenna, antenna poles, antenna masts,
citizen band or amateur band antennas, or satellite dish shall be placed or erected upon any Lot,
or affixed in any manner to the exterior of any building in the Property, without the prior written
consent of the Board of Directors.
7.4 Recreational Vehicles. No boats, commercial vehicles, trailers, recreational
vehicles or other motor vehicles, except four-wheel passenger automobiles, non-commercial
trucks or vans, as determined by the Board, shall be placed, parked or stored upon any Lot
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(except in the garage) or in the Common Areas for a period of more than eight (8) hours, unless
such vehicle is necessary in the actual construction or repair of a structure or for ground
maintenance, nor shall any maintenance or repair be performed upon any boat or motor vehicle
not owned or controlled by the Association or the Declarant in the Properties, except within a
building where totally isolated from public view. All garage doors must remain closed, except
upon entering or exiting the garage.
7.5 Laundry. No portion of any Lot or the Common Areas which is visible from
adjoining property shall be used as a drying or hanging area for laundry of any kind.
7.6 Sprinkler Systems. All areas not covered by structures, walkways, or paved
parking facilities shall be maintained as a lawn or landscape areas with underground sprinkler
systems to the pavement edge of any abutting streets and to the waterline of any abutting lakes or
water management areas. No stones, gravel or paving or any types shall be used as a lawn.
7.7 Disputes. Nothing shall be done or maintained on any Lot, Unit or the Common
Areas which may be or become unsightly or a nuisance to Euclid Estates. In the event of a
dispute or question as to what may be or become unsightly or a nuisance, such dispute or
question shall be submitted in writing to the Board whose decision shall be dispositive of such
dispute or question.
7.8 Signs. No sign of any kind shall be displayed to public view on any Lot, Unit or
Common Area, except a sign identifying Euclid Estates, street or traffic control signs, or except
as placed by the Declarant or approved by the Board. After Declarant no longer owns any
portion of the Properties, Owners may maintain one "For Sale" sign which meets the ARB
guidelines.
7.9 Maintenance of Lawns and Structures. No weeds, underbrush or other unsightly
growth shall be permitted to grow or remain upon any Lot, and no refuse or unsightly object
shall be placed or allowed to remain on any Lot. Any property, structure, improvements and
appurtenances shall be kept in a safe, clean, orderly and attractive condition, and all structures
shall be maintained in a finished, painted and attractive condition. All lawns, landscaping and
sprinkler systems shall be installed and maintained in a neat, orderly and live condition.
7.10 Garages. No automobile garage shall be permanently enclosed or converted to
other use without the written permission of the Board.
7.11 Garbage. No rubbish, trash, garbage or other waste materials shall be kept or
permitted at the driveway area of any Lot. Waste shall be kept in sanitary containers which shall
be kept in a neat condition and screened from view of neighboring Lots. Sanitary containers may
not be placed outside the driveway area of any Lot, except for a reasonable period for refuse
pickup to be accomplished.
7.12 Gas Tanks. All gas tanks must be stored below ground, including but not limited
to gas tanks for swimming pool heaters and gas tanks for hot tubs.
7.13 Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept
on the Property. The Owner of each Lot may keep pets of a normal, domesticated, household-
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type such as a cat or dog on the Lot. The pets must be leashed at all times while on any of the
Common Areas outside the Lot. No pets are permitted in the recreation areas, if any. Each pet
Owner shall be responsible for the removal and disposal of their pet's body waste. The Board of
Directors is empowered to order and enforce the removal of any pet which becomes a reasonable
source of annoyance to other residents in the Property. No reptiles, amphibians or livestock may
be kept in or on the Property.
7.14 Retention and Drainage Areas. No Lot shall be increased in size by filling in any
water retention or drainage area on which it abuts. Lot Owners shall not fill, dike, rip rap, block,
divert or change the established water retention and drainage areas that have been or may be
created by easement.
7.15 Developer's Right to Intervene. In order to insure the health, safety and general
welfare of all members of the Association, the Developer, for itself and for the Association,
reserves the right to enter upon any Lot or Unit for the purpose of mowing, clearing or cutting
underbrush, removing trash which has accumulated, or maintaining the improvements. However,
this provision shall not create an obligation on the part of the Developer and the Association to
provide such service.
7.16 Utility Lines. All utility lines and lead-in wires, including, but not limited to,
electrical lines, cable television lines, telephone lines, water and sewerage located within the
confines of any Lot shall be located underground.
7.17 Fences. No fence of any kind shall be erected or permitted to remain on any Lot
or the Common Areas without the written consent of the Declarant, or of the Association after
the Declarant has conveyed the last Lot or Unit which Declarant owns in the Property.
7.18 Developer's Rights. The sale, rental or other disposition of Lots or Units in the
Property is essential to the establishment and welfare of the Properties as an ongoing residential
community. In order that the development of the Properties be completed and the Property
established as a fully occupied residential community as soon as possible, nothing in this
Declaration shall be understood or construed to prevent the Developer, Developer's transferees
or employees, agents and assigns, contractor or subcontractors of Developer, or of Developer's
transferees, from doing whatever they may determine to be reasonable, necessary or advisable
for the completion of the work and the sale and establishment of the Properties as a residential
community, including, but not limited to, constructing, maintaining and operating a construction
office and a sales facility or model home, together with appropriate signage. As used in this
section, the words "its transferees" specifically exclude purchasers of Lots and Units.
ARTICLE VIII - RESERVED
ARTICLE IX
EASEMENTS FOR MAINTENANCE, CONSTRUCTION AND REPAIR
9.1 Access and Repair. The Declarant hereby reserves unto itself, its agents,
employees, invitees and assigns, and for the benefit of the Association, and the Association's
agents, employees, invitees and assigns, a non-exclusive easement for ingress and egress over
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any Lot or Unit located in the Properties in order to gain access to the Common Areas or any
other Lot or Unit, in order for the Association to discharge its duties to construct, maintain and
repair the Common Areas and for the purpose of maintaining the Properties by the Association in
a manner consistent with the Association's maintenance obligations or rights provided herein,
together with an easement for the maintenance of sprinkler systems owned by the Association.
9.2 Utilities. Each Lot and the Common Areas shall be and hereby are made subject
to easements for construction, development, repair and maintenance of utilities, systems and
facilities (including, but not limited to, fire and police protection, garbage and trash removal,
water and sewage system, electric and gas service drainage and telephone), and roadways and
driveways, and the utilities and applicable governmental agencies having jurisdiction thereover
and their employees and agents shall have the right of access to any Lot or the Common Areas in
furtherance of such easements. No structure, planting, fill or other material shall be placed or
permitted to remain which may damage or interfere with the use of such easements.
9.3 Additional Easements. The Declarant reserves the right, for itself and its designee
(so long as Declarant or said designee owns any Lot or Unit) and for the Board, without joinder
or consent of any person or entity whatsoever, to create and/or grant such additional easements
of construction, maintenance, repair and use of, as an illustration, but not limited to, irrigation,
wells and pumps, cable television, television antennas, electric, gas, water drainage or other
utility easement, or to relocate any easement in any portion of the property as the Declarant, its
designee, or the said Board shall deem necessary or desirable for the proper development,
operation and maintenance of the Properties, or any portion thereof, or for the general health or
welfare of the Properties, provided that such additional utilities or the relocation of existing
utilities will not prevent or unreasonably interfere with the use of the Lot for permitted purposes.
ARTICLE X
ENFORCEMENT OF COVENANTS
10.1 Obligations of Owners. Every Owner and his tenants, guests, invitees and agents
shall comply with all of the terms and conditions of this Declaration, the Articles of
Incorporation and By-Laws for Euclid Estates Homeowners' Association, Inc., and rules and
regulations as same exist and as may be amended or adopted in the future.
10.2 Remedies. Failure to comply herewith or with such rules and regulations shall be
grounds for immediate action which may include, without limitation, an action to recover sums
for damages, an action for injunctive relief, or any combination thereof.
10.3 Cause of Action. The Association, the Developer, Owners and beneficiaries of
any dedicated property or property rights contained herein shall have an action for damages,
injunctive relief, or both to enforce all of the terms and conditions of this Declaration, the
Articles of Incorporation, and the By-laws against the responsible person or entity.
10.4 Enforcement by the DEP and Collier County. The DEP and Collier County have
the right to take enforcement action, including a civil action for an injunction and penalties,
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against the Association to compel it to correct any outstanding problems with the surface water
management system facilities under the responsibility or control of the Association.
ARTICLE XI
TRANSFER OF OWNERSHIP AND LEASING OF LOTS
11.1 Forms of Ownership. In order to maintain a community of congenial, financially
responsible residents with the objectives of protecting the value of the Lots and Units and
facilitating the development of a stable, quiet community and peace of mind for all residents, the
transfer of Ownership of a Lot or Unit shall be subject to the following terms and conditions:
A. Individual Ownership. A Lot or Unit may be owned by an individual
person.
B. Co-Ownership. Co-Ownership of Lots and Units is permitted, but all
Owners must be members of a single family or living together as a single-family
housekeeping unit. If co-Ownership is to be by more than two persons, the Owner shall
designate one natural person as Primary Occupant, and the use of the Lot or Unit by other
persons shall be as if the Primary Occupant is the actual Owner.
C. Entity Ownership. A Lot or Unit may be owned in trust or by a
corporation, partnership, or other entity which is not a natural person. However, the intent
of this provision is to allow flexibility in estate or tax planning, and not to create
circumstances in which the Lot or Unit may be used as short term transient
accommodations for several individuals or families. Said corporation, trustee or any
entity which is not a natural person shall designate one natural person to be the Primary
Occupant, and the use of the Lot or Unit by other persons shall be as lessee's and as if the
Primary Occupant is the only actual Owner.
D. Life Estates. A Lot or Unit may become subject to a life estate, either by
operation of law or by approved voluntary conveyance. In that event, during said life
estate, the life tenant shall be the only member in the Association and occupancy shall be
as if the life tenant was the only Owner. The life tenant and remaindermen shall be jointly
and severally liable for all Assessment and charges against the Lot or Unit. 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. If
there is more than one life tenant, they shall be treated as if they were co-Owners for
purposes of voting and occupancy rights.
E. Notification of Association. The Association must be notified of any
transfer of title to a Lot or Unit as provided in the By-Laws.
11.2 Mortgages. There shall be no restrictions on the mortgaging of Lots or Units. All
mortgages, other than a first mortgage of record, shall be subject to and inferior to the
Association lien for Assessments as hereafter provided, regardless of when recorded.
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11.3 Leases. All leases of Lots and Units must be in writing, and a copy of any lease
shall be delivered to the Board prior to the commencement of the lease. The provisions of this
Declaration shall be deemed expressly incorporated into the lease of any Lot or Unit. An Owner
may lease a Lot or Unit only in accordance with the following provisions:
A. An Owner intending to lease his Lot or Unit must give the Board, or its
designee, written notice of such intention and a copy of the proposed lease at least thirty
(30) days prior to the proposed transaction, together with the name and address of the
proposed tenant, and such other information as the Board may reasonably require. The
Board, or its designee, may require the personal appearance of any tenant, their spouse,
and any other potential occupant, as a condition of approval.
B. Applications for authority to lease shall be made to the Board on such
forms, and include such terms, as the Board may, from time to time, provide. All
applications for authority to lease shall be accompanied by an application fee as
established by the Board. The legal responsibility for paying all Assessments may not be
delegated to the tenant.
C. After the required notice, application fee and all information or
appearances requested have been provided, the Board, or its designee, shall approve or
disapprove the proposed lease within fifteen (15) days. If the Board, or its designee,
neither approves nor disapproves within the time stated above, such failure to act shall be
deemed the equivalent of disapproval. In the event the Board fails to approve the lease,
the lease may not be entered into, and shall not be effective. The Board may consider the
status of paid or unpaid assessments in determining whether a lease should be approved.
D. Any lease entered into without Board approval, or in violation of the
above provisions, shall, at the option of the Board, be treated as a nullity, and the Board
shall have the right to evict the tenant on five (5) days' notice, without securing consent
to such eviction from the Owner.
E. No Lot or Unit may be leased for a period of less than ninety (90) days,
nor more than three (3) times per year. No subleasing or assignment of lease rights is
allowed unless approved by the Board. No individual rooms may be rented, and no
transient tenants may be accommodated. During the term of the lease, no one but the
tenant, his family within the first degree of relationship by blood, adoption or marriage,
and their Guests may occupy the Lot or Unit.
F. The Board may require tenants to place a security deposit with the
Association in an amount up to one (1) month's rent to cover damage to the Common
Elements by the tenant, his guests or invitees.
G. In order to preserve a residential quality and avoid an atmosphere of
transient and motel-like environment, the Board may, by regulation, impose further
restrictions upon the leasing, number of guests and the frequency of their visits in the
case of leased Lots and Units. All of the provisions of this Declaration and the
Association documents pertaining to use and occupancy shall be applicable and
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enforceable against any person occupying a Lot or Unit as a tenant or Guest, and a
covenant upon the part of each occupant and Guest to abide by the rules and regulations
of the Association and the provisions of the Association documents, and designating the
Association as the Owner's agent for the purpose of, and with the authority to, terminate
any such lease or occupancy agreement in the event of a violation by the tenant of such
covenants, shall be an essential element of any lease or occupancy agreement, whether
oral or written, and whether specifically expressed in such lease or agreement or not.
ARTICLE XII
AMENDMENTS
12.1 Amendment by Declarant. Declarant reserves the right unilaterally to amend this
Declaration and to do so at any time or times upon such conditions, in such form and for such
purposes as it shall, in its sole discretion, deem appropriate by preparing and recording
amendments hereto, provided however, that this right of unilateral amendment shall expire upon
turnover of control of the Association to members other than the Declarant. Any amendment
shall relate back to and become effective as of the date of recording of this Declaration.
12.2 Restrictions on Amendment by Declarant. Declarant's rights shall include,
without limitation, the right to amend this Declaration in order to correct any errors or omissions,
or the dimensions of any Lots or Common Areas not previously conveyed, as long as any such
amendment does not:
A. Change the dimensions of any Lot or Common Areas previously
conveyed; or
B. Restrict the integrity of the lien of any institutional lender who holds a
mortgage on any previously conveyed Lot or Unit.
12.3 Amendment by Owners. After turnover of control of the Association to members
other than the Declarant, this Declaration may be amended at any time upon the execution and
recordation of an instrument executed by Owners holding not less than two-thirds (2/3) of the
voting interests of the Association. However, no amendment to this Declaration, the Articles of
Incorporation of the Association, or the By-Laws of the Association, shall be valid, if such
amendment would affect the Declarant's rights under this Declaration. In addition, no
amendment to this Declaration that purports to delete, amend or otherwise supersede (a) the last
sentence of sub-Section 4.13(C), above or (b) the last sentence (in bold) of Section 6.1, above
may be amended without the written joinder of the then record owners of Lot 1 (as to sub-
Section 4.13(C), or Lots 1 and 11 (as to the last sentence of Section 6.1.
12.4 Surface Water Management System. Any proposed amendment to this
Declaration which would affect the surface water management system (including the water
management portion of the Common Areas) requires the prior written approval of the DEP and
must be submitted to the DEP, or its successors, for a determination of whether the amendment
necessitates a modification of the surface water management permit.
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ARTICLE XIII
GENERAL PROVISIONS
13.1 Duration of Covenants. The covenants and restrictions of this Declaration shall
run with and bind the Properties, and shall insure to the benefit of and be enforceable by the
Developer, the Association or the Owner of any property subject to this Declaration, their
respective legal representatives, heirs, successors and assigns, for a term of thirty (30) years from
the date this Declaration is recorded, after which time, said covenants and restrictions shall
automatically be extended for successive periods of ten (10) years, unless an instrument signed
by the then Owners of two-thirds (2/3) of the Lots has been recorded agreeing to change or
terminate said covenants and restrictions in whole or in part. Violation or breach of any
conditions, covenants or restrictions herein contained shall give the Developer and/or
Association and/or the Owner(s), in addition to all other remedies, the right to proceed at law or
in equity to compel a compliance with the terms of said conditions, covenants or restrictions and
to prevent the violation or breach of any of them, and the expense of such litigation shall be
borne by the then Owner or Owners of the subject property, provided such proceeding results in
a finding that such Owner was in violation of said covenants or restrictions. Expenses of
litigation shall include reasonable attorneys' fees incurred by Developer and/or the Association
in seeking such enforcement.
13.2 Eminent Domain Proceeds. Any awards for the taking of all or any part of the
Common Areas by condemnation or eminent domain shall be used to make the remaining
portion of the Common Areas usable in the manner approved by Board. The balance of such
awards, if any, shall be distributed to the Owners equally.
13.3 Mailing of Notices. Any notices required to be sent under the provisions of this
Declaration shall be deemed to have been properly sent when mailed, postage paid, to the
address of the party to which the notice is directed.
13.4 Savings Clause. Invalidation of any one or more of these covenants and
restrictions by judgment or court order shall in no way affect any other provisions which shall
remain in full force and effect.
13.5 Release or Addition of Property. Notwithstanding any of the provisions contained
in this Declaration, neither Developer nor its successors or assigns shall be obligated to develop
all of the property submitted to this Declaration, and as described in Exhibit "A," and Developer
may release any of the property submitted in this Declaration from the terms and conditions
hereof, or subject additional property to the terms of this Declaration, except any properties
conveyed to the Association or Owners. Such deletions or additions shall be made by the
Developer by filing in the Public Records of Collier County an amendment to this Declaration
providing for the release or addition of the property from this Declaration. However, such
unilateral right to release or subject additional property to the terms and conditions of this
Declaration shall expire upon turnover of control of the Association to members other than the
Developer.
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13.6 Developer's Sales Center. As long as the Developer owns any portion of the
Properties, Developer shall have the exclusive right to maintain a sales center, model homes
and/or signs on the Properties.
13.7 Effective Date. This Declaration shall become effective upon its recording in the
Public Records of Collier County, Florida.
,IN WITNESS WHEREOF, the Declarant has caused these presents to be executed as of this
22 day of June, 2022.
Witnesses: EUCLID ESTATES, LLC, LLC,
a Florida limited liability company
Printed Name: Matthew L. Grabinski
By: eve ��..
Printed Name: Maureen Sullivan Cesare uL carelli, Authorized Member
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoinginstrument was acknowledged before me �..�inperson or byonline
g
notarization on this 22. day of June, 2022, by Cesare Lucarelli as Authorized Member of d
Euclid Estates, LLC, a Florida limited liability company, on behalf of the company, who [41.is"
personally known to me or [ 1 has produced as identification.
y'P�•.,, MATTI�EW L.GRABINSKI
Notary Public State of Florida Notary Public Matthew L. Grabinski
Akt, Commission#GG 933431 Print Name:
(Seal) My Comm.Expires Jan 20.2024
0F4`' h National Notary Assn. My Commission Expires:
Bonded throug
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JOINDER OF FEE SIMPLE TITLE HOLDERS
Daniel J. Robbins, II and Angela C. Lucarelli, husband and wife, and Angelo Lucarelli and Gail Lucarelli, husband
and wife, as the collective owners of the lands made subject to this Declaration, hereby join in this Declaration for
the purpose of consenting to the terms and conditions hereof and agreeing that all of the Property (as described in
Exhibit"A",below)shall be hereafter made subject to the terms and conditions of this Declaration.
Witnesses:
Matthew L. Grabinskl
Print Name: Daniel J. Robbins, II
(as to all signatures)
_
4 4
Print Name:_ Maureen Sullivan An ela . Lucarel i
(as to all signatures)
4....9040
Angelo ucarelli
U.CCi,O..9-CL
Gail Lucarelli
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me in person or by online
notarization on this 22.5 day of r,` 0022, by Daniel J. Robbins, II, Angela C. Lucarelli,
Angelo Lucarelli and Gail Lucarelli. They are all personally known to me.
Notary Public(Seal) Print Name: Matthew L. Grabinskl
My Commission Expires:
� �Pri•., MATTHEW L.GRABINSKI
? , r=: Notary Public-State of Florida
�' !! Commission GG 933931
( My Comm.Expires Jan 20,2024
Bonded through National Notary Assn. I
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1 6 A 5
Exhibt "A"
A parcel of land lying in Section 24, Township 48 South, Range 25 East, Collier County,
Florida, and more particularly described as follows:
Commencing at the Northeast corner of Lot 364, Willoughby Acres as recorded in Plat
Book 8, Pages 24-'26, inclusive, and run along the West right-of-way line of Euclid
Avenue N 00 degrees 34' 01" W for 135.71 feet to the Point of Beginning; thence run S
88 degrees 30' 35" W for 179.95 feet; thence run S 00 degrees 32' 59" E for 135.92 feet
to the North line of the Willoughby Acres Subdivision; thence run along said North line S
88 degrees 26' 35" W for 452.26 feet to the East line of the Falcon Ridge Subdivision;
thence run along said East line N 00 degrees 31' 26" W for 332.77 feet to the South line
of the Willoughby Pines Subdivision; thence run along said South line N 88 degrees 34'
01" E for 631.99 feet to the West right-of-way line of Euclid Avenue; thence run along said
West right-of-way line S 00 degrees 34' 01" E for 195.68 feet to the Point of Beginning.
EXHIBIT "B" 1 6 A 5
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ice"_ L
ARTICLES OF INCORPORATION ` ' r
OF _�
EUCLID ESTATES HOMEOWNERS' ASSOCIATION, INC. r • N
(A Florida Not-for-Profit Corporation) --
ry
In order to form a corporation under the provisions of Chapter 617 of laws of the State of
Florida for a formation of a corporation, not-for-profit, I, the undersigned, hereby create a
corporation for the purpose and with the powers herein mentioned.
ARTICLE I
NAME AND ADDRESS
The name of the corporation, herein called the "Association," is Euclid Estates
Homeowners' Association. Inc.. a Florida not-for-profit corporation, and its 'address is 5640
"Taylor Road, Suite 45, Naples, Florida 34109.
ARTICLE II
PURPOSE AND POWERS
2.1 Purpose. The purpose for which the Association is organized is to provide an
entity to administer, manage and operate Euclid Estates, a residential neighborhood located in
Collier County, Florida.
2.2 Powers. The Association is organized and shall exist upon a non-stock basis as a
non-profit corporation 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 of the Association. 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 under the
laws of the State of Florida, including without limitation as set forth in Section 617.0302, F.S.,
except as limited or modified by these Articles, the Declaration of Covenants, Conditions and
Restrictions for Euclid Estates (the "Declaration"), or the By-Laws of this Association, or any
other restrictions of Euclid Estates, and it shall have all the powers and duties reasonably
necessary to operate Euclid Estates pursuant to the Declaration as it may hereafter he amended,
including, but not limited to, the following:
A. To levy and collect Assessments against Members of the Association to
defray the costs, expenses and losses of the Association, and to use the proceeds of
assessments in the exercise of its powers and duties;
B. To maintain, repair, replace, add to or operate the Common Areas, the
Association Property;
C. To purchase insurance upon the Common Areas, the Association Property
for the protection of the Association and the Members;
D. To reconstruct improvements after casualty and to make further capital
improvements or additions to the Property;
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E. To sue and be sued,and to enforce the provisions of the Declaration, these
Articles and the By-Laws of the Association;
E. To contract for the management and maintenance of the Property and to
delegate any powers and duties of the Association in connection therewith,except such as
specifically required by the Declaration to be exercised by the Board or the membership
of the Association;
G. To employ accountants, attorneys, architects, and other professional
personnel to perform the services required for proper operations of the Association;
H. To borrow or raise money for any proposes of the Association, without
limit as to amount; to draw, make, accept, endorse, execute and issue promissory notes,
drafts, bills of exchange, warrants, bonds, debentures, and other negotiable or
non-negotiable instruments and evidences of indebtedness; and to secure the payment of
any thereof, and of the interest thereon, by mortgage, pledge, conveyance or assignment
in trust,of the whole or any part of the rights or property of the Association;
I. To hold funds and the title to all property acquired by the Association for
the benefit of the Members in accordance with the provisions of the Declaration, these
Articles, and the By-Laws;
J. To accept future phases of the Water Management System into the
Association; and
ARTICLE III
MEMBERSHIP
3.1 Qualification. The Members of the Association shalt consist of all Owners of Lots
in the Properties as defined in the Declaration, and as further provided in the By-Laws.
3.2 Change of Membership. Change of membership shall be established by recording
in the Public Records of Collier County, Florida, a deed or other instrument transferring title, and
by the delivery to the Association of a copy of such instrument.
3.3 Assignment of Membership Rights. The share of a Member in the funds and
assets of the Association cannot be assigned or transferred in any manner, except as an
appurtenance to his fee simple interest in a Lot.
3.4 Voting. The Members shall be entitled to the number of votes in Association
matters as set forth in the Declaration and By-Laws. The manner of exercising voting rights shall
be as set forth in the Declaration and By-Laws.
ARTICLE IV
TERM
4.1 Term. The term of the Association shall be perpetual.
Articles of Incorporation
Euclid Estates Homeowners' Association, Inc.
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4.2 Dissolution. In the event of dissolution, any portions of the Property consisting of
the Water Management System shall be conveyed to an appropriate agency or government. If not
accepted, the system must be deeded to a Florida corporation, not-for-profit, that will accept
responsibility.
ARTICLE V
BY-LAWS
5.1 Adoption by Board_ The By-Laws of the Association shall be adopted by the
Board and may be altered,amended,or rescinded in the manner provided therein.
ARTICLE VI
AMEI`'DMEN1S
6.I Procedure. Amendments to these Articles shall be proposed and adopted in the
following manner:
A. Until election of a majority of the Board by Members other than the
Declarant,the Declarant shall have the unilateral right to amend these Articles.
B. After election of a majority of the Board by Members other than the
Declarant, amendments to these Articles may be proposed either by a majority of the
whole Board or by a petition signed by voting members representing at least thirty
percent (30%) of the voting interests of the Association. Once so proposed, the
amendments shall be submitted to a vote of the members no later than the next annual
meeting for which proper notice can be given.
C. After election of a majority of the Board by Members other than the
Declarant, these Articles of Incorporation may be amended by a vote of two-thirds (2/3)
of the Members present and voting at a special or annual meeting at which a quorum has
been established. Any such amendment may also be approved in writing by a majority of
the voting interests without a meeting. Notice of any proposed amendment must be given
to the Members, and the notice must contain the text of the proposed amendment.
D. Any proposed amendment to these Articles, which would affect the Water
Management System (including environmental conservation areas and the water
management portions of the Common Areas). must be submitted to the South Florida
Water Management District or its successors for a determination of whether the
amendment necessitates a modification of the surface water management permit.
F,. An amendment shall become effective upon filing with the Secretary of
State and recording a certified copy in the Public Records of Collier County, Florida.
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ARTICLE VII
DIRECTORS AND OFFICERS
7.1 Appointment by Declarant. All directors shall be appointed by the Declarant until
turnover of control of the Association to members other than the Declarant.
7.2 Initial Board. The names and addresses of the initial Board of Directors are:
Dominic Lucarelli Chet Lucarelli
5640 Taylor Road, 5 5640 Taylor Road, /5
Naples, Florida 34109 Naples, Florida 34109
Angelo Lucarelli
5640 Taylor Road, #5
Naples, Florida 34109
7.3 Election by Owners. Upon turnover of control of the Association to Members
other than the Declarant, all directors shall be elected by the Owners in the manner determined
by the By-Laws. Directors may he removed and vacancies on the Board shall be filled in the
manner provided by the By-Laws.
7.4 Number of Directors. The affairs of the Association will be administered by a
Board consisting of the number of Directors determined by the By-Laws, but not less than three
(3) Directors, and in the absence of such determination,shall consist of three(3) Directors.
7.5 Election of Officers. The business of the Association shall be conducted by the
officers designated in the By-Laws. The officers shall be elected by the Board at its first meeting
following the annual meeting of the members of the Association and shall serve at the pleasure
of'the Board.
ARTICLE VIII
IN DEMNIFICATION
8.1 Indemnification of Director or Officer. To the fullest extent permitted by Florida
law, the Association shall indemnify and hold harmless every Director and officer of the
Association against all expenses and liabilities, including attorneys' fees,actually and reasonably
incurred by or imposed on him or her in connection with any legal proceeding (or settlement or
appeal of such proceedings) 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 he
available if a judgment or other final adjudication establishes that his or her actions or omissions
to act were material to the cause adjudicated and involved:
A. Willful misconduct or a conscious disregard for the best interest of the
Association to procure a judgment in its favor.
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R. A violation of criminal law, unless the Director or officer has no
reasonable cause to believe his or her action was unlawful or had reasonable cause to
believe his or her action was lawftil.
C. A transaction from which the Director or officer derived an improper
personal benefit.
8.2 Approval of Settlement. In the event of a settlement or any dispute with respect to
any indemnification, the right to indemnification shall not apply unless the Board approves such
settlement or disposes of any such dispute as being in the best interest of the Association. The
foregoing rights of indemnification shall be in addition to and not exclusive of all rights to which
a Director or officer may he entitled.
ARTICLE IX
PRINCIPAL OFFICE
9.1 Address. The principal office of the Association shall be located at 5640 Taylor
Road, #5, Naples, Florida 34109. The Association may maintain offices and transact business in
other such places within or without the State of Florida as may from time to time be designated
by the Board of Directors. The Board of Directors may from time to time relocate, the aforesaid
principal office.
ARTICLE X
SUBSCRIBER
0.1 Name. The name of the subscriber to these Articles of Incorporation is as follows:
Matthew L. Grabinski, Esq.
10.2 Address. The address of the subscriber to these Articles of Incorporation is as
follows:
Coleman, Yovanovich& Koester, P.A.
Northern Trust Bank Building
4001 'I•amiami Trail N., #300
Naples, Florida 34103
ARTICLE XI
REGISTERED AGENT
1 1.1 Initial Registered Agent; Corporate Records of Registered Agent. The initial
registered agent of the Association is Coleman. Yovanovich & Koester, P.A_, and the street
address of the initial registered office of the Association is c/o Matthew L. Grahinski, Northern
Trust Bank Building, 4001 Tamiami Trail North. Suite 300, Naples, Florida 34103. This
corporation shall have the right to change such registered agent and office from time to time as
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provided by law. The Registered .Agent of the Association shall maintain copies of all further
permitting actions for the benefit of the Association.
IN Wen-t7.SS WHERF.o', the subscriber has hereunto set his hand and seal this 22nd day of
Jun;, 2021.
SUBSCRIBER:
f:? 'ram.. .
Matthew L. Grabinski. Esq.
ACCEPTA.NC'E OF DESIGNATION
REGISTERED AGENT REGISTERED OFFICE
1, Matthew L. Grabinski, on behalf of Coleman, Yovanovich & Koester, P.A., having
been named as Registered Agent and to accept service of process for the. above-stated
corporation at the place designated in this statement, hereby accept the appointment as
Registered Agent and agree to act in this capacity. 1 further agree to comply with the provisions
of all statutes relating to the proper and complete perfbrinance of my duties, and I am familiar
with and accept the oblit,ations of my position as registered agent.
Coleman,Yovanovich& Koester. F.A.
By:
Matthew L. f rabinski, Vice President June 22. 2021
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Exhibit"C"
BY-LAWS
OF
EUCLID ESTATES HOMEOWNERS' ASSOCIATION,INC.
(A Florida Not-for-Profit Corporation)
ARTICLE I
IDENTITY
1.1 Name. The name of this corporation is: Euclid Estates Homeowners' Association,
Inc., a Florida not-for-profit corporation("Association").
1.2 Address. The address of the initial principal office of the Association is 5640
Taylor Road, #5,Naples, Florida 34109.
ARTICLE II
DEFINITIONS
All terms used herein which are defined in that certain Declaration of Covenants,
Conditions and Restrictions for Euclid Estates (hereinafter "Declaration"), as it may be amended
from time to time, shall have the same meaning herein as therein.
ARTICLE III
DIRECTORS AND OFFICERS
3.1 Number of Directors. The affairs of the Association shall be managed by a Board
of Directors (each, a "Director") which shall consist of not less than three (3) individuals, who
shall be appointed by the Declarant until such time as the Declarant relinquishes control of the
Association to Members other than the Declarant. Directors need not be Members.
3.2 Term. Each Director shall hold office for a term of two (2) years (with the
exception of one (1) of the initial Directors, who shall serve a one (1) year term for the purpose
of staggering the terms of the Directors. The Director elected to replace the initial Director that
only serves for one (1) year shall serve a two (2) year term, as shall all subsequent Directors
elected so such seat.
3.3 Meetings of the Board. The Board shall meet at such times and places as may be
called by the President or a majority of the Board. Notice of meetings shall be posted in a
conspicuous place in the community at least forty-eight (48) hours prior to the meeting, except in
an emergency. In the alternative, notice of the meeting may be mailed to all Members at least
seven(7) days prior to the meeting, except in an emergency.
3.4 Open Meetings. Meetings of the Board shall be open to Members, but Members
shall not be entitled to participate at such meetings.
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3.5 Action by Board without Meeting. Unless prohibited by law, any action which
may be taken at a meeting of the Board may be taken without a meeting, if authorized in writing
signed by all of the Directors who would be entitled to vote upon said action at a meeting, and
filed with the Secretary of the Association.
3.6 Quorum. A majority of the Directors shall constitute a quorum to transact
business of the Board, and an act of the majority of the Directors present at any meeting shall be
deemed to be the act of the Board.
3.7 Compensation. No Director shall receive or be entitled to any compensation for
his or her services as Director, but shall be entitled to reimbursement for all expenses incurred by
him or her as such, if incurred upon the authorization of the Board.
3.8 Election of Board. Subsequent to the relinquishment of control of the Association
by the Declarant to the Members:
A. Prior to each annual meeting of the Members, and unless prohibited by
law, the Board may appoint a Nominating Committee consisting of three (3) individuals,
using such procedures as the Board may establish. The Nominating Committee shall
nominate one (1) person for each vacancy to be filled at that annual meeting. Other
nominations may be made from the floor.
B. All elections to the Board shall be by written ballot (unless dispensed with
by unanimous consent). The ballots shall contain the names of the nominees named by
the Nominating Committee, blanks for write-in candidates, and nominations from the
floor. The Secretary shall provide ballots to each Owner at the Annual Meeting.
C. Each Owner shall be entitled to cast one (1) vote per Lot or Unit for each
vacancy to be filled. No mail-in ballots shall be allowed.
D. The organizational meeting of the newly elected Board shall be held
within ten (10) days of their election at such place and time as shall be fixed by the Board
at the meeting at which they were elected.
3.9 Enumeration of Officers. The officers of the Association shall be a President,
Vice President, Secretary and Treasurer, and such other officers as the Board may appoint. The
positions of Secretary and Treasurer may be held by one individual or by separate individuals.
Officers other than those appointed by the Declarant-controlled Board must be Owners in the
Neighborhood.
3.10 Term of Officers. The officers of this Association shall be elected annually by the
Board and shall hold office for one (1) year. Officers appointed at the first meeting of the Board
shall hold office until their successors shall have been appointed and shall qualify.
3.11 Resignation. Any Director or officer of the Association may resign at any time, by
instrument in writing. Resignations shall take effect at the time specified therein, and if no time
is specified, resignations shall take effect at the time of receipt of such resignation by the
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President or Secretary of the Association. The acceptance of a resignation shall not be necessary
to make it effective.
3.12 Vacancies. When a vacancy occurs on the Board, the vacancy shall be filled by
action of the Board until a successor director is elected at the next annual meeting. When a
vacancy occurs in an office for any reason, the office shall be filled by the Board at its next
meeting by appointing a person to serve.
3.13 Removal of Directors. After turnover of control of the Association to Members
other than the Declarant, any Director may be removed with or without cause by a majority of
the total voting interests in the Association.
3.14 Removal of Officers. Any officer of the Association may be removed by the
Board at any time, with or without cause.
ARTICLE IV
ASSOCIATION MEMBERSHIP
4.1 Qualification. Members of the Association shall be all Owners in the Properties,
as defined in the Declaration.
4.2 Use of Common Areas. Members and their immediate family who reside in the
Community, together with Guests and tenants, shall have a license to use the Common Areas
subject to such rules and regulations as may be established by the Board.
4.3 Voting Rights. The Association shall be comprised of two (2) classes of membership:
Class A membership and Class B membership. Class A membership shall consist of all Owners of Lots
within the Property. Class B membership shall be comprised solely of the Declarant. The total number
of votes allocated to the Class A membership shall be equal to the number of Lots in the Property (one
Class A vote per Lot). The Declarant, as the Class B member shall have twice the Voting Interest as the
Class A Members combined and,consequently, shall control the Association until turnover. The existence
of the Class A membership shall be perpetual and shall continue so long as the Association is in
existence. The Class B membership shall terminate as of the date on which turnover occurs. The vote
of a Lot or Unit shall not be divisible. If a Lot or Unit is owned by one natural person, his right to
vote shall be established by the record title to the Lot or Unit. If a Lot or Unit is owned jointly by
two or more natural persons, that vote may be cast by any Owner present at the meeting at which
the vote is taken. If two or more Owners of a Lot or Unit are present and cannot agree among
themselves how their one vote shall be cast, that vote shall not be counted for any purpose. If an
Owner is not a natural person, the vote of that Lot or Unit shall be cast by the Primary Occupant.
4.4 Suspension of a Member. The Board may suspend a Member's use and access to
the Common Areas or the Association Property during any period during which any Assessment
remains delinquent, or during the period of any continuing violation by a Member of the
provisions of the Declaration, or a period to be determined by the Board, for repeated violations
of the By-Laws or Rules and Regulations of the Association. However, under no circumstances
shall a Member be prevented access to his or her Lot. For purposes of this paragraph, a violation
by a tenant or Guest of a Member shall be considered a violation by such Member.
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4.5 Termination of Membership. When a Member ceases to be an Owner, such
person's membership shall terminate. However, the termination of membership in the
Association does not relieve or release any former Member from any liability or obligation
incurred under or in any way connected with the Association during the period of his
membership. Termination of a membership does not impair any rights or remedies which the
Association may have against such Member arising out of, or in any way connected with, such
ownership of a Lot and the covenants and obligations incident thereto.
ARTICLE V
MEMBER MEETINGS
5.1 Annual Meeting. The annual meeting of the Members for the election of Directors
and the transaction of whatever other business may properly come before the Members shall be
held as outlined below.
5.2 Notice. Notice of the annual meeting shall be mailed, postage prepaid, not less
than ten (10) days and not more than sixty (60) days prior to the date of the annual meeting and
shall state the purpose, time and location of the meeting. Such notice shall be addressed to each
Owner at the address of the Owner as set forth in the Association's books and records.
5.3 Special Meetings. Special meetings of the Members may be called for any
purpose at any time by a majority of the Board, or by the written petition of thirty percent (30%)
or more of the total voting interests, setting forth the purpose of the special meeting. Notice of
such special meeting shall be in the same form and mailed in the same manner as for the annual
meeting.
5.4 Quorum. Thirty percent (30%) of the total vote that could be cast at any annual or
special meeting, represented in person or by proxy, shall constitute a quorum at any meeting of
the Members. After a quorum has been established at a meeting of the Members, the subsequent
withdrawal of Members, which reduces the number of votes at the meeting below the number
required for a quorum, shall not affect the validity of any action taken at the meeting or any
adjournment thereof A majority of the votes cast shall decide each matter submitted to the
Members at a meeting, except in cases where a larger vote is required.
5.5 Order of Business. The order of business at Members' meetings shall be
substantially as follows:
A. Call of the roll and certification of quorum;
B. Proof of notice of meeting or waiver of notice;
C. Reading of minutes and disposal of any unapproved minutes;
D. Reports of Officers;
E. Reports of Committees;
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F. Election of Directors;
G. Old Business;
H. New Business; and
I. Adjournment.
5.6 Action by Members without Meeting. Any action required or permitted to be
taken at a meeting of the Members may be taken without a meeting if written consents, setting
forth the action to be taken, are signed by the Members entitled to vote having not less than the
minimum number of votes that would be necessary to take such action at a meeting, or a majority
of the members entitled to vote, whichever is greater. Upon receiving the required number of
written consents, the Board shall take the authorized action upon adopting a resolution to that
effect. Within ten (10) days after adopting the resolution, the Board shall send written notice of
the action taken to all Members who have not consented in writing. Nothing in this paragraph
shall be construed in derogation of the Members' rights to call a special meeting of the
Association Members as elsewhere provided in these By-Laws.
ARTICLE VI
POWERS
6.1 Sources of Power. The Association shall have all powers granted to it by common
law, Florida Statutes, the Declaration, the Articles of Incorporation of the Association and these
By-Laws, all of which shall be exercised by the Board, unless the exercise thereof is otherwise
restricted in the Declaration, these By-Laws or by law.
6.2 Enumeration of Powers. The powers of the Association shall include, but not be
limited to, the following:
A. All of the powers specifically provided for in the Declaration and in the
Articles of Incorporation;
B. The power to adopt a corporate seal for the Association;
C. The power to levy and collect Assessments against Lot Owners, as
provided for in the Declaration and these By-Laws;
D. The power to expend monies collected for the purpose of paying the
Common Expenses of the Association;
E. The power to purchase equipment, supplies and material required in the
maintenance, repair, replacement, operation and management of the Association Property
and the Common Areas;
F. The power to employ the personnel required for the maintenance and
operation of the Association, the Common Areas and the Association Property;
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G. The power to pay utility bills for utilities serving the Common Areas, and
Association Property;
H. The power to contract for the management of the Association;
I. The power to make reasonable rules and regulations and to amend them
from time to time;
J. The power to enforce by any legal means the provisions of the Articles of
Incorporation, these By-Laws, the Declaration, and the rules and regulations promulgated
by the Association;
K. The power to enforce by any legal means the provisions of the
Declaration, including, without limitation, the architectural and use restrictions contained
therein;
L. The power to control and regulate the use of the Common Areas, and the
Association Property by the Owners;
M. The power to select depositories for the Association's funds and to
determine the manner of receiving, depositing, and disbursing those funds and the form
of check and the person or persons by whom the same shall be signed; and
N. The power to enter into a long term contract with any person, firm,
corporation or real estate management agent of any nature or kind, to provide for the
maintenance, operation, repair and upkeep of the Common Areas and the Association
Property.
ARTICLE VII
DUTIES OF OFFICERS
7.1 President. The President shall be chief executive officer of the Association and
shall perform all duties normally required of the President of a non-profit corporation.
7.2 Vice President. The Vice President shall be vested with all the powers and
required to perform all the duties of the President in his absence and such other duties as the
Board may, from time to time, determine.
7.3 Secretary. The Secretary shall perform the following duties:
A. Attend all meetings of the Board and keep the records and minutes of the
proceedings;
B. Keep such membership records as required, prepare and serve notice of
meetings of members and attend to all correspondence on behalf of the Association, or
cause these things to be done; and
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C. All other duties as the Board may, from time to time, determine.
7.4 Treasurer. The Treasurer shall perform the following duties:
A. Attend all meetings of the Board;
B. Have custody of the funds of the Association;
C. Collect monies due the Association, including Assessments;
D. Keep or supervise the keeping of accounts of all financial transactions of
the Association and books belonging to the Association, and deliver such books to his
successor;
E. Prepare the annual budget for the Association and present it to the Board
for its consideration; and
F. Any other duties as the Board may, from time to time, determine.
ARTICLE VIII
FISCAL MANAGEMENT
8.1 Fiscal Year. The fiscal year of the Association shall be the calendar year.
8.2 Records. The Association shall maintain accounting records according to
generally accepted accounting principles that shall be open to inspection by Members at the
Association's offices during reasonable times, as set by the Board. A register for the names of all
Institutional Mortgagees who have notified the Association of their liens, and to which
lienholders the Association will give notice of default in payment of Assessments, if required,
shall also be maintained.
8.3 Budget. The Board shall adopt a budget for the next fiscal year that shall include
the estimated revenues and expenses for that year and the estimated surplus or deficit for the
current year.
8.4 Financial Management. The receipts and disbursements of the Association may be
credited and charged to accounts as the Board may determine, in accordance with generally
accepted accounting principles.
ARTICLE IX
ASSESSMENTS
9.1 Initial Capital Assessment. An initial capital Assessment may be levied against all
Owners, including initial Owners (other than the Declarant), and all successor Owners.
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9.2 Annual Assessments. The Association shall have the power and authority to levy
and collect annual Assessments for purposes of operating the Association, including, but not
limited to, the following purposes:
A. Operation, maintenance and management of that part of the Association,
the Common Areas and the Association Property and the operation, maintenance and
management of the Lots which are the responsibility of the Association;
B. Operation and maintenance of the Water Management System;
C. Property taxes and assessments against and insurance coverage for the
Common Areas and the Association Property;
D. Liability, worker's compensation and all other forms of insurance;
E. Legal and accounting fees;
F. Maintenance of the streets, alleyways and sidewalks;
G. Security costs and management fees;
H. Normal repairs and replacements;
I. Charges for utilities used upon the Common Areas and Association
Property;
J. Cleaning services;
K. Expenses and liabilities incurred by the Association in the enforcement of
its rights and duties against the Members, Owners or others;
L. Maintenance of vacant property;
M. The creation of reasonable reserves;
N. All other expenses deemed by the Board to be necessary and proper for
protection, management, maintenance, repair, operation and enforcement
9.3 Determination of Annual Assessment. Prior to the beginning of each fiscal year,
the Board shall establish the amount of annual Assessment necessary to fund the budget as
approved by the Board.
9.4 Special Assessments. The Association shall have the power and authority to levy
and collect special Assessments for payment of unexpected expenses, including, but not limited
to, the following:
A. The acquisition of property by the Association;
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B. The cost of construction of capital improvements to the Association
Property and Common Areas;
C. The cost of construction, reconstruction, unexpected repair or replacement
of a capital improvement, including the necessary fixtures and personal property related
thereto;
D. The expense of indemnification of each Director and Officer of the
Association; and
E. Any other valid expenses deemed necessary by the Board.
9.5 Specific Assessments. The Association shall have the power and authority to levy
and collect specific Assessments against a particular Lot to:
A. to cover the costs, including the overhead and administrative costs of
providing services to one or more Lots upon request by the Owner(s) thereof pursuant to
any special services which may be offered by the Association. Specific Assessments for
special services may be levied in advance of the provision of the requested service;
B. to cover costs incurred in bringing the Lot into compliance with this
Declaration or any supplemental declaration or neighborhood declaration, as the same
may be amended from time to time, or costs incurred as a consequence of the conduct of
the Owner of the Lot;
C. to cover any extraordinary or non-routine charges incurred by the
Association as a result of the actions or inactions of a particular Lot; and
D. to cover the costs of any extraordinary or non-routine charges to maintain,
repair or replace the Common Areas or Association Property incurred by the Association
as a result of the actions or inactions of a particular Lot.
9.6 Collection of Assessments. The Association shall bill and collect all Assessments
pursuant to the terms and conditions set forth in the Declaration.
9.7 Unconditional Obligation of Owner. Suspension of a Member by the Board shall
not relieve a Member from the obligation to pay any Assessment as it becomes due. In addition,
no Owner may waive or otherwise escape liability for the Assessments provided for herein by
non-use of the Common Areas, or by abandonment or otherwise.
ARTICLE X
MISCELLANEOUS
10.1 Amendment. After turnover of control of the Association to Members other than
the Declarant, these By-Laws may be amended, altered or repealed by a majority vote of the
voting interests in the Association.
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10.2 Conflicts. In the event of a conflict between these By-Laws and the Articles of
Incorporation or Declaration, the Articles of Incorporation or Declaration shall control.
10.3 Seal. The Association shall have a seal in a circular form, having within its
circumference the following words: Euclid Estates Homeowners' Association, Inc., a Florida
corporation, not-for-profit.
10.4 Turnover. Upon turnover of control of the Association to Members other than the
Declarant, the Declarant shall deliver to the Association all property of the Owners and of the
Association held or controlled by the Declarant.
CERTIFICATION
I, THE UNDERSIGNED, DO HEREBY CERTIFY:
That I am the duly elected and acting Secretary of Euclid Estates Homeowners'
Association, Inc., a Florida corporation, not-for-profit, and
That the foregoing By-Laws constitute the original By-Laws of said Association, as duly
adopted at a meeting of the Board thereof held on the 27th day of June, 2022.
Cesare Lucarelli, Secretary
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