Backup Documents 09/13/2022 Item #16A27 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A .. / 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. I he completed routing slip and original documents arc to be lonsarded to the Comity Attorney Office
al the time the item is placed on the agenda. :All completed routing slips and original documents must be received in the County Attorney Ofice no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dales,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2.complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office 11 tl IZ$l z z
4. BCC Office Board of County
Commissioners LUG bydj / i A/z 2-
5. Minutes and Records Clerk of Court's Office
Y41 202.2..„ q;0&411f1,
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Lucia Martin—Development Review Phone Number x-2279
Contact/ Department
Agenda Date Item was 09/13/2022 Agenda Item Number 16.A.27
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 09/13/2022 and all changes made during O r
the meeting have been incorporated in the attached document. The County 1(1 0(�
Attorney's Office has reviewed the changes,if applicable. 11JJ
9. Initials of attorney verifying that the attached document is the version approved by the ss
BCC,all changes directed by the BCC have been made,and the document is ready for the OD ray
Chairman's signature. oSti�'
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
1 6 A 2 7
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this 2nd day of November , 20 22 between BCHD Partners I, LLC hereinafter
referred to as "Developer", and Board of County Commissioners of Collier County, Florida, hereinafter
referred to as the "Board".
RECITALS:
A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board
of certain plat of a subdivision to be known as: WINCHESTER
B. Chapter 4 and 10 of the Collier County Land Development Code required the Developer to post
appropriate guarantees for the construction of the improvements required by said subdivision regulations,
said guarantees to be incorporated in a bonded agreement for the construction of the required
improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set
forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed: Roadway, storm drainage and utility infrastructure.
within 36 months from the date of approval said subdivision plat, said improvements hereinafter
referred to as the required improvements.
2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by
reference made a part hereof) in the amount of $2,691,443.50 which amount represents 10% of the total
contract cost to complete the construction plus 100% of the estimated cost of to complete the required
improvements at the date of this Agreement.
3. In the event of default by the Developer or failure of the Developer to complete such improvements within
the time required by the Land Development Code, Collier County, may call upon the subdivision
performance security to insure satisfactory completion of the required improvements.
4. The required improvements shall not be considered complete until a statement of substantial completion
by Developer's engineer along with the final project records have been furnished to be reviewed and
approved by the County Manager or his designee for compliance with the Collier County Land
Development Code.
5. The County Manager or designee shall, within sixty (60) days of receipt of the statement of substantial
completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; orb)
notify the Developer in writing of his refusal to approve improvements, therewith specifying those
conditions which the Developer must fulfill in order to obtain the County Manager's approval of the
improvements. However, in no event shall the County Manager or designee refuse preliminary approval
of the improvements if they are in fact constructed and submitted for approval in accordance with the
requirements of this Agreement.
6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary
approval by the County Manager or his designee.After the one-year maintenance period by the Developer
has terminated, the Developer shall petition the County Manager or designee to inspect the required
improvements. The County Manager or designee shall inspect the improvements and, if found to be still
in compliance with the Land Development Code as reflected by final approval by the Board, the Board
shall release the remaining 10% of the subdivision performance security. The Developer's responsibility
for maintenance of the required improvements shall continue unless or until the Board accepts
maintenance responsibility for and by the County.
7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the
Developer may request the County Manager or designee to reduce the dollar amount of the subdivision
2021 Page 1 of 2
16A , /
performance security on the basis of work complete, Each request for a reduction in the dollar amount of
the subdivision performance security shall be accompanied by a statement of substantial completion by
the Developer's engineer together with the project records necessary for review by the County Manager
or designee. The County Manager or designee may grant the request for a reduction in the amount of the
subdivision performance security for the improvements completed as of the date of the request.
8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon
certification of such failure, the County Manager or designee may call upon the subdivision performance
security to secure satisfactory completion, repair and maintenance of the required improvements. The
Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant
to public advertisement and receipt and acceptance of bids, the improvements required herein. The
Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify
the Board, upon completion of such construction, the final total cost to the Board thereof, including, but
not limited to, engineering, legal and contingent costs, together with any damages, either direct or
consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the
provisions of this Agreement.
9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer
and the respective successors and assigns of the Developer.
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by
their duly authorized representatives this2nd day of November , 2022 .
SIGNED IN THE PRESENCE OF: (Name of Entity)
BCHD Partner I, LLC a Florida Limited Liability
• Company By: Creekside West, Inca Florida Corporation, Its
. ; 4 ) ) Y�'��� �) Manager
Witness: .
rfr} V CSC. ♦ By: �� y i —
Printed Name: Brian Goguen, Vice President
rWitn ss: Printed Name/Title
(President,VP, or CEO)
(Provide Proper Evidence of Authority)
Printed Name:
ATTEST:
CRYSTAL K. KINZEL,-CL R BOARD OF OUNTY COMMISSIONERS
C L R COUNTY:FJ.O
By. Deputy Clerk Attest asi al �F•'s� By t� i API J .
0 ar , ] e
�, ChliI mar
Approved as to fo a1 6.t.
Derek Perry
Assistant County Attorney
11/23/2021 Page 2 of 2
Exhibit "A"
Performance Security
1 6 A 2
PERFORMANCE BOND
No. 7901079766
KNOW ALL PERSONS BY TESE PRESENTS: that
BCHD Partners I, LLC
2600 Golden Gate Parkway
Naples, Florida 34105
(hereinafter referred to as"Developer") and
Nationwide Mutual Insurance Company
1100 Locust Street
Des Moines, IA 50391-2006
(866) 387-0457
(hereinafter referred to as "Surety") are held and firmly bond unto Collier County, Florida, (hereinafter
referred to as"County") in the total aggregate sum of Two million six hundred ninety one thousand four
hundred forty three dollars and 50/--- ($2,691,443.50) in lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for
singular or plural, as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the
Board a certain subdivision plat named Winchester and that certain subdivision shall include specific
improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land
Development Regulations"). This obligation of the Surety shall commence on the date this Bond is
executed and shall continue until the date of final acceptance by the Board of County Commissioners of
the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty
Period").
NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in
accordance with the Land Development Regulations during the guaranty period established by the County,
and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless
the County from and against all costs and damages which it may suffer by reason of Owner's failure to do
so,and shall reimburse and repay the County all outlay and expense which the County may incur in making
good any default,then this obligation shall be void, otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates, and agrees that no
change, extension of time, alteration, addition, or deletion to the proposed specific improvements shall in
any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension
of time, alteration, addition, or deletion to the proposed specific improvements.
PROVIDED, FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically
and immediately,without formal and separate amendments hereto,so as to bind the Owner and the Surety
to the full and faithful performance in accordance with the Land Development Regulations. The term
"Amendment," wherever used in this Bond, and whether referring to this Bond, or other documents shall
include any alteration, addition, or modification of any character whatsoever.
IN WITNESS WHEREOF,the parties hereto have caused this PERFORMANE BOND to be executed this 8'
day of November/2022.
1 , ti
WITNESSES: BCHD PARTNERS I, LLC A Limited Liability Company
By: Creekside West, Inc.A Florida Corporation
nshtey Mcklp aA
SS P I =-..M--
By:
:.pc'xlo t ng,C • 14a-Y-8 1 Brian Goguen,Vic Pr sident
ACKNOWLEDGEMENT
State of FLORIDA
County of COLLIER
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF ,
rr6 vie pv i C , 20 , by Brian Goguen as Vice President of Creekside West, Inc. WHO IS
PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION.
Notary Public—State of FLORIDA _ _ _
-- —
(SEAL) ' ;•t►RYPOg'•.- — KIM D.DAVIDSON
;Sr.‘ Notary Public-State of Florida I
,:‘.a.,.„, Commission N HH 201826
M1wI/,l ofFBo My Comm.Expires Feb 19, Assn
t SL \ ,(x111 li kJ` , Bonded through National Notary Assn.
PRINT NOTARY NAME:
SURETY ACKNOWLEDGEMENT
WITNESSES: Nationwide Mutual Insurance Company
ccLc ureh �iradtey
GrlhM ` r� By: 0/14A 0 `
)1 katk--
Ervii ly Srra SS'c I Charity A. Moser,Attorney-In-Fact
NOTARY ACKNOWLEDGEMENT
State of FLORIDA
County of COLLIER
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF AIrN ,
' (5 ',f\l .( , 200 }-, by Charity Moser, Attorney-In-Fact of Nationwide Mutual Insurance
Company, WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS
IDENTIFICATION.
Notary Public— to e.Qf FLORIDA
(SEtkL) /0 . : ELYSSA GLASS
.,`*� �l` *' MY COMMISSION#HH 304767
t. e-L '':�o.;qa.Q' EXPIRES:August 24,2026
Printed Name: el\..I r� C-211.G1S 5
0000053633 1 A Z m
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS THAT:
Nationwide Mutual Insurance Company,an Ohio corporation
hereinafter referred to severally as the"Company"and collectively as"the Companies"does hereby make,constitute and appoint:
CHARITY A MOSER;DOUGLAS E BAIRD;
each in their individual capacity,its true and lawful attorney-in-fact,with full power and authority to sign,seal,and execute on its behalf any and all bonds and
undertakings,and other obligatory instruments of similar nature,in penalties not exceeding the sum of
UNLIMITED
and to bind the Company thereby,as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company;and all acts
of said Attorney pursuant to the authority given are hereby ratified and confirmed.
This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company:
"RESOLVED,that the president,or any vice president be,and each hereby is,authorized and empowered to appoint attorneys-in-fact of the Company,
and to authorize them to execute and deliver on behalf of the Company any and all bonds,forms,applications,memorandums,undertakings,
recognizances,transfers,contracts of indemnity,policies,contracts guaranteeing the fidelity of persons holding positions of public or private trust,and other
writings obligatory in nature that the business of the Company may require;and to modify or revoke,with or without cause,any such appointment or
authority;provided,however,that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any
of said documents on behalf of the Company."
"RESOLVED FURTHER,that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the
Company subject to the terms and limitations of the power of attorney issued to them,and to affix the seal of the Company thereto;provided,however,that
said seal shall not be necessary for the validity of any such documents."
This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company.
Execution of Instruments.Any vice president,any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all
approved documents,instruments,contracts,or other papers in connection with the operation of the business of the company in addition to the chairman of
the board,the chief executive officer,president,treasurer or secretary;provided,however,the signature of any of them may be printed,engraved,or
stamped on any approved document,contract,instrument,or other papers of the Company.
IN WITNESS WHEREOF,the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 20th day of August,2021.
04
Antonio C.Albanese,Vice President of Nationwide Mutual Insurance Company
ACKNOWLEDGMENT
i
Iuati,, STATE OF NEW YORK COUNTY OF NEW YORK:ss
Ar
?�:• off' On this 20th day of August,2021,before me came the above-named officer for the Company
� ; - A aforesaid,to me personally known to be the officer described in and who executed the preceding
/ SEAL:*, instrument,and he acknowledged the execution of the same,and being by me duly
sworn,deposes and says,that he is the officer of the Company aforesaid,that the seal affixed
/,�°li/iteos,o�� hereto is the corporate seal of said Company,and the said corporate seal and his signature were
\�. duly affixed and subscribed to said instrument by the authority and direction of said Company.
Stephanie Rubino McArthur e.t ,
Notary Public,State of New York /����:�� (r/
No.02MC6270117
Qualified in New York County Notary Public
Commission Expires October 19,2024 My Commission Expires
October 19,2024
CERTIFICATE
I,Laura B.Guy,Assistant Secretary of the Company,do hereby certify that the foregoing is a full,true and correct copy of the original power of attorney issued
by the Company;that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has
not been revoked or amended in any manner;that said Antonio C.Albanese was on the date of the execution of the foregoing power of attorney the duly elected
officer of the Company,and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board
of directors;and the foregoing power of attorney is still in full force and effect.
IN WITNESSWHEREOF I have hereunto subscribed my name as Assistant Secretary,and affixed the corporate seal of said Company this day of
Navem er ,
Assistant Secretary
BDJ 1(08-21)00
This document is void if VOID appears in the BLUE line on the right,the Nationwide watermark is missing from the center of the page and/or the rod consecutive number is missing from the upper
right-hand corner.Contact us at 212-329-6900 if this document is void or if you have any questions.
1bAZ 7
Exhibit " B"
Evidence of Signing Authority
•
2022 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT FILED
DOCUMENT# L16000029998 Apr 29, 2022
Entity Name: BCHD PARTNERS I, LLC Secretary of State
1846367577CC
Current Principal Place of Business:
2600 GOLDEN GATE PARKWAY •
ATTN:DAVID GENSON
NAPLES, FL 34105
Current Mailing Address:
2600 GOLDEN GATE PARKWAY
ATTN: DAVID GENSON
NAPLES, FL 34105 US
FEI Number: 81-1464785 Certificate of Status Desired: No
Name and Address of Current Registered Agent:
GENSON,DAVID
2600 GOLDEN GATE PARKWAY
NAPLES, FL 34105 US
The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent Date
Authorized Person(s) Detail :
Title MGR
Name CREEKSIDE WEST, INC.
Address 2600 GOLDEN GATE PARKWAY
City-State-Zip: NAPLES FL 34105
I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under
oath;that lam a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605,Florida Statutes;and
that my name appears above,or on an attachment with all other like empowered.
SIGNATURE:BRADLEY A. BOAZ V/S/T OF MGR 04/29/2022
CREEKSIDE WEST, INC.
Electronic Signature of Signing Authorized Person(s)Detail Date
1 6 A Z 7
2022 FLORIDA PROFIT CORPORATION ANNUAL REPORT FILED
DOCUMENT# P97000089176 Apr 29, 2022
Entity Name: CREEKSIDE WEST, INC. Secretary of State
0740459435CC
Current Principal Place of Business:
2600 GOLDEN GATE PARKWAY
NAPLES, FL 34105
Current Mailing Address:
2600 GOLDEN GATE PARKWAY
NAPLES, FL 34105 US
FEI Number: 59-3482921 Certificate of Status Desired: No
Name and Address of Current Registered Agent:
BOAZ,BRADLEY A
2600 GOLDEN GATE PARKWAY
NAPLES, FL 34105 US
The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent Date
Officer/Director Detail :
Title P Title VISIT
Name GABLE,R.BLAKESLEE Name BOAZ,BRADLEY A
Address 2600 GOLDEN GATE PARKWAY Address 2600 GOLDEN GATE PARKWAY
City-State-Zip: NAPLES FL 34105 City-State-Zip: NAPLES FL 34105
Title DIRECTOR Title C/D
Name SPROUL,KATHERINE G Name COLLIER,BARRON III
Address 2600 GOLDEN GATE PARKWAY Address 2600 GOLDEN GATE PARKWAY
City-State-Zip: NAPLES FL 34105 City-State-Zip: NAPLES FL 34105
Title DIRECTOR Title DIRECTOR
Name VILLERE,LAMAR G Name ALDEN,PHYLLIS G
Address 2600 GOLDEN GATE PARKWAY Address 2600 GOLDEN GATE PARKWAY
City-State-Zip: NAPLES FL 34105 City-State-Zip: NAPLES FL 34105
Title VP
Name GOGUEN,BRIAN
Address 2600 GOLDEN GATE PARKWAY
City-State-Zip: NAPLES FL 34105
I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under
oath;that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607,Florida Statutes;and that my name appears
above,or on an attachment with all other like empowered.
SIGNATURE:BRADLEY A. BOAZ V/S/T 04/29/2022
Electronic Signature of Signing Officer/Director Detail Date
16A2 %
Exhibit "C"
Opinion of Probable Cost
i 6 A "4 7
1 of 1
Project: Winchester
1.146,0 Task: Engineer's OPC for Bonding
PENINSULA (� Prepared By:Phecked BY: KD Date: 10/27/2022
ENGINEERING
CONTINGENCY
Calculation Summary SUB-TOTAL PERCENT DOLLAR TOTAL
EARTHWORK $ 1,103,690.77 $ - $ 1,103,690.77
PAVING $ 424,079.80 $ - $ 424,079.80
DRAINAGE $ 329,143.75 $ - $ 329,143.75
SANITARY SEWER $ 124,085.50 $ 124,085.50
POTABLE WATER $ 76,492.00 $ 76,492.00
MISCELLANEOUS(Lighting,Irrigation,Landscape) $ 389,275.00 $ - $ 389,275.00
TOTAL $ 2,446,766.82 $ - $ 2,446,766.82
EARTHWORK,PAVING,DRAINAGE,LANDSCAPE AND LIGHTING: TOTAL O.P.C.= $ 2,246,189.32
POTABLE WATER,SANITARY SEWER TOTAL O.P.C.= $ 200,577.50
TOTAL $ $ 2,446,766.82
10%Maintenance = 244,676.68
Bond Total $ 2,691,443.50
NOTES:
1)This Opinion of Probable Cost shall be used for Bonding Only.
2) All costs provided in this OPC are based on recent contract prices,or the Engineers'latest known unit costs.These costs cannot be guaranteed at this
time due to unpredictable and uncontrollable increases in the cost of concrete,petroleum,or the availability of materials and labor.
Digitally signed by Daniel F
"' ' Waters
F W4T Reason:This item has been
z,``. �\.jC EN S. F'P' di tll si ed and sealedb
O:'� F'.'. a a Y 9^ Y
,Daniel F.Waters on the date
'*t No.60746 *=adjacent to the seal.Printed
* i =copies of this document are
�'.. STATE OF :'n_ not considered signed and
A.. �;sealed and the signature must
%0,n;F<0 RIO?:+'� ,,`' be verified on any electronic
fS/P,,t' s• copies.
Date:2022.11.29 10:13:32
-05'00'
Daniel W.Waters,P.E.
FL Registration#28275
Peninsula Engineering
Certificate of Authorization#28275
P:1Active_Projects\P-BCHD-004\001_BCHD-1-PPL\Submittals\County\Plat Recording\Working\OPC_Detail_Bonding.xlsx
16AZ 7
Project: WINCHESTER
Task: PERMIT AND INSPECTION FEES OPC
Prepared By: RS Date:4/18/2022
Checked By: DW Date:4/21/2022
EARTHWORK
ID DESCRIPTION QTY UNIT TYPE UNIT PRICE TOTAL PRICE
EW-1 Clearing and Grubbing 14.8 AC $ 5,400.00 $ 79,866.00
EW-2 Silt Fence(Single Row) 3,995 LF $ 1.55 $ 6,192.25
EW-3 Silt Fence(Double Row) 1,828 LF $ 3.10 $ 5,666.80
EW-4 Turbidity Barrier 248 LF $ 35.00 $ 8,680.00
EW-5 Lake Excavation(Clean Fill,12'deep) 12,964 CY $ 3.70 $ 47,967.64
EW-6 Site Embankment(Import Fill) 55,000 CY $ 14.50 $ 797,500.00
EW-7 Finish Grading 1 LS $ 30,000.00 $ 30,000.00
EW-8 Preserve and Littoral Signage 1 LS $ 4,500.00 $ 4,500.00
EW-9 NPDES Maintenance and Monitoing 12 MONTH $ 542.00 $ 6,504.00
EW-10 Sod-Lake and Detention Areas 7672 SY $ 7.55 $ 57,923.60
EW-11 Sod-Common Areas(ROWs and DEs) 2258 SY $ 7.55 $ 17,047.90
EW-12 Immokalee RD Sidewalk-Finish Grading 1 LS $ 15,000.00 $ 15,000.00
EW-13 Parcel Seed and Mulch(Parcels Less PUE&Buffer) 41,947 SY $ 0.54 $ 22,651.38
EW-14 Rip-Rap 403 SY $ 10.40 $ 4,191.20
SUB-TOTAL EARTHWORK= $ 1,103,690.77
Assumptions:
1 Import fill costs assume 30%compaction loss of volume of imported fill upon placement
2 Lake excavation cost are included in bond for excavation permit.
3 Lake excavation is assumed to be to a depth of 12 feet below control elevation
4 Based on soil borings,The top of rpck layer is assumed to be 5 feet below control elevation
5 Fill volumes assume a six inch loss to clearing and grubbing and parcels are filled to 15.6 ft-NAVD
6 Fill Volumes include core roadway,commercial parcels(excluding the county parcel),and perimeter berms,the residential site is not included.
PNc _ gech,BCH0.0001001 ECH0.1-PPl.agets\Cost Estimates.GC CouerCwMyOPC FeeCak REYUI\Wirchestef_OPC rw Fee Cat tlsx 2 of
ii 6 A 7
Project: WINCHESTER
Task: PERMIT AND INSPECTION FEES OPC
Prepared By: RS Date: 4/18/2022
Checked By: DW Date: 4/21/2022
PAVING
ID DESCRIPTION QTY UNIT TYPE UNIT PRICE TOTAL PRICE
PAV-1 3/4"Asphaltic Concrete Type S-III(First Lift Onsite) 3,747 SY $ 8.70 $ 32,598.90
PAV-2 3/4"Asphaltic Concrete Type S-III(Second Lift Onsite) 3,747 SY $ 8.70 $ 32,598.90
PAV-3 8"Limerock Base(Onsite) 4,309 SY $ 15.85 $ 68,298.44
PAV-4 12"Stabilized Subgrade(Onsite) 4,955 SY $ 2.60 $ 12,884.06
PAV-5 ADA Ramp(Includes Detectible Warning Mat) 9 EA $ 450.00 $ 4,050.00
PAV-6 Signing and Striping 1 LS $ 22,500.00 $ 22,500.00
PAV-7 Blue Reflectors 3 EA $ 65.00 $ 195.00
PAV-8 Type"F"Curb(Pitch-out) 516 LF $ 20.00 $ 10,320.00
PAV-9 Type F Curb and Gutter 1,535 LF $ 20.00 $ 30,700.00
PAV-10 2'Valley Gutter 45 LF $ 18.00 $ 810.00
PAV-11 4'Valley Crossing 123 LF $ 25.00 $ 3,075.00
PAV-12 Right Turnlane(Complete) 1 LS $ 125,000.00 $ 125,000.00
PAV-13 Internal Concrete Sidewalk(4"Thickness) 7,775 SF $ 4.50 $ 34,987.50
PAV-14 Immokalee Road Sidewalk(6"Thickness) 5,699 SF $ 6.00 $ 34,194.00
PAV-15 Temp.Limerock Turnaround 2 LS $ 5,934.00 $ 11,868.00
SUB-TOTAL PAVING= $ 424,079.80
P Vnire Prgecls,9CH0.004.1 BCH0•1-PPLVElUJgeh1Cw Esfimales\OPC CollieiCounMOPC Paccar REW11Wnchmler—OPC for Fee Cak.a1Of 7
1 li A 7
Project: WINCHESTER
Task: PERMIT AND INSPECTION FEES OPC
Prepared By: RS Date: 4/18/2022
Checked By: DW Date: 4/21/2022
DRAINAGE
ID DESCRIPTION QTY UNIT TYPE UNIT PRICE TOTAL PRICE
DRA-1 15"RCP 140 LF $ 40.00 $ 5,600.00
DRA-2 24"RCP 819 LF $ 80.00 $ 65,520.00
DRA-3 30"RCP 201 LF $ 90.00 $ 18,090.00
DRA-4 42"RCP 412 LF $ 100.00 $ 41,200.00
DRA-5 48"RCP 237 LF $ 120.00 $ 28,440.00
DRA-6 Junction Box 13 EA $ 4,500.00 $ 58,500.00
DRA-7 Grate Inlet with Side Inlets 2 EA $ 4,500.00 $ 9,000.00
DRA-8 Control Structure for 24"RCP 2 EA $ 6,500.00 $ 13,000.00
DRA-9 Control Structure for 48"RCP 1 EA $ 10,000.00 $ 10,000.00
DRA-10 Type 9 Curb Inlet 4 EA $ 5,500.00 $ 22,000.00
DRA-11 Ditch Bottom Inlet Type"D" 1 EA $ 5,000.00 $ 5,000.00
DRA-12 Flared End(24"RCP) 2 EA $ 2,500.00 $ 5,000.00
DRA-13 Flared End(30"RCP) 1 EA $ 3,500.00 $ 3,500.00
DRA-14 Flared End(48"RCP) 2 EA $ 6,500.00 $ 13,000.00
DRA-15 Rock Excavation 417 LF $ 75.00 $ 31,293.75
SUB-TOTAL DRAINAGE= $ 329,143.75
P Wdive—PrgedsW-9CHDOoeb01 9CHQI.PPL.uEgdsCml ESlinalenrOPC CdlierCounrygPC FeeCak PEVO1MinMeder OPC for Fee Cal<aAsof 7
IA2 1
Project: WINCHESTER
Task: PERMIT AND INSPECTION FEES OPC
Prepared By: RS Date: 4/18/2022
Checked By: DW Date: 4/21/2022
POTABLE WATER
ID DESCRIPTION QTY UNIT TYPE UNIT PRICE TOTAL PRICE
PW-1 8"PVC Water Main(C900,DR-14) 260 LF $ 18.00 $ 4,680.00
PW-2 8"PVC Water Main(C900,DR-18) 28 LF $ 16.00 $ 448.00
PW-3 10"PVC Water Main(C900,DR-14) 454 LF $ 20.00 $ 9,080.00
PW-4 10"PVC Water Main(C900,DR-18) 345 LF $ 18.00 $ 6,210.00
PW-5 8"Gate Valve 4 EA $ 1,300.00 $ 5,200.00
PW-6 10"Gate Valve 4 EA $ 1,550.00 $ 6,200.00
PW-7 Fire Hydrant Assembly(Complete)* 3 EA $ 3,573.00 $ 10,719.00
PW-8 8"Temporary Blow-Off 6 EA $ 2,005.00 $ 12,030.00
PW-9 10"x 8"Water Main Hot-Tap 1 LS $ 7,000.00 $ 7,000.00
PW-10 Testing 1 LS $ 2,500.00 $ 2,500.00
PW-11 Permanent Bacterial Samples Points 1 EA $ 1,900.00 $ 1,900.00
PW-12 Temporary Bacterial Samples Points 3 EA $ 175.00 $ 525.00
PW-13 Temporary Backflow Preventer 1 EA $ 7,500.00 $ 7,500.00
PW-14 Air Release Valve 1 EA $ 2,500.00 $ 2,500.00
SUB-TOTAL POTABLE WATER= $ 76,492.00
Assumptions:
*Fire Hydrant Assembly(Complete)includes gate valve at hydrant.
P.YYlive_Prgedse,-.110-00a1001 BCNO-1APL19uE0ets1CN esl. les1OPG CW'ntCounfOOPC FeeCalc REVOBVelochester OPC for Fee Colo 4 Of 7
&40AZ 1
Project: WINCHESTER
Task: PERMIT AND INSPECTION FEES OPC
Prepared By: RS Date: 4/18/2022
Checked By: DW Date: 4/21/2022
SANITARY SEWER
ID DESCRIPTION QTY UNIT TYPE UNIT PRICE TOTAL PRICE
SS-1 8"PVC Gravity Sewer Main(8-10'Depth) 101 LF $ 75.00 $ 7,575.00
SS-2 8"PVC Gravity Sewer Main(10-12'Depth) 333 LF $ 80.00 $ 26,640.00
SS-3 8"PVC Gravity Sewer Main(12-14'Depth) 333 LF $ 95.00 $ 31,635.00
SS-4 4'Sanitary Sewer Manhole(10-12'Depth) 3 EA $ 10,750.00 $ 32,250.00
SS-5 6"Sanitary Sewer Service 8 EA $ 2,250.00 $ 18,000.00
SS-6 Television Inspection 767 LF $ 6.50 $ 4,985.50
SS-7 Testing 1 LS $ 3,000.00 $ 3,000.00
SUB-TOTAL SANITARY SEWER= $ 124,085.50
P. Pr0,16,P.9CH0-00a1001 9 H0.1-PPL19utlgele`Cml EnimaleSOPC Cdereounly,OPC FeeCak_REW11Wncheeler OPC IorFee Cs.efh of 7
I 6AZ 7
Project: WINCHESTER
Task: PERMIT AND INSPECTION FEES OPC
Prepared By: RS Date: 4/18/2022
Checked By: DW Date: 4/21/2022
MISCELLANEOUS
ID DESCRIPTION QTY UNIT TYPE UNIT PRICE TOTAL PRICE
MSC-1 Lighting(Allowance) 1 LS $ 85,000.00 $ 85,000.00
MSC-2 Irrigation Well and Pump 1 LS $ 40,000.00 $ 40,000.00
MSC-3 Irrigation Main and Control Wire 1 LS $ 60,000.00 $ 60,000.00
MSC-4 Code Minimum Landscaping 1 LS $ 115,000.00 $ 115,000.00
MSC-5 Chainlink Fence 2,082 LF $ 25.00 $ 52,050.00
MSC-6 Preserve Area Exotic Removal 2.9 ACRES $ 7,000.00 $ 19,950.00
MSC-7 Preserve Exotic Treatment and Miscellaneous Mowing 1 LS $ 13,000.00 $ 13,000.00
MSC-8 Preserve Area Replanting 2.9 ACRES $ 1,500.00 $ 4,275.00
SUB-TOTAL MISCELLANEOUS= $ 389,275.00
PlActive Pl' 0,13CMOd0e1001_BCFIb1.PPLlBudge.Cm Esimales.PC ColleiCounrybPC FeeCa!REVOIMiinNesler OPCSF.Calc&of 7
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A e 7
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. I lie completed routing slip and original documents are to he forwarded to the County Attorney Office
at the time the item is placed on the agenda. :111 completed routing slips and original documents must be received in the County Attorney Office no law;
than\londay preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Orrice.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office DD 1p
II 1,0-,...z
4. BCC Office Board of County
Commissioners 4fl /5/ ///)o/ZZ
5. Minutes and Records Clerk of Court's Office R&) vi29- q4 "'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 Martin—Development Review Phone Number X 2279
Contact/ Department
Agenda Date Item was 9/13/2022 Agenda Item Number 16.A.27
Approved by the BCC
Type of Document Plat Number of Original 1
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 09/13/2022 and all changes made �f k,Tax
during the meeting have been incorporated in the attached document. The County t a cra.1.sj
Attorney's Office has reviewed the changes, if applicable. . D 111 a b
9. Initials of attorney verifying that the attached document is the version approved by the ,\., 7k; 1'
BCC, all changes directed by the BCC have been made,and the document is ready for the « ��a:kr 1.4,
Chairman's signature. iiE
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
1 6 A 2 7
This Instrument Prepared By:
Matthew L.Grabinski
Coleman,Yovanovich&Koester, P.A.
Northern Trust Bank Building
4001 Tamiami Trail North, Suite 300
Naples,FL 34103
(239)435-3535
DECLARATION OF COVENANTS,CONDITIONS,
AND RESTRICTIONS OF WINCHESTER
THIS DECLARATION OF COVENANTS, CONDITIONS,AND RESTRICTIONS, is made
this .:Ai,t,` day of P\v G r ,2022 by BCHD Partners I,LLC,a Florida limited
liability company, hereinafter referred to as"Declarant".
ARTICLE I: BACKGROUND & GENERAL PROVISIONS
Li Background; Purpose. As of the date of the recording of this Declaration, Declarant is the
owner and master developer of the Property encumbered hereby, which is known as Winchester}
and which will consist of a master-planned project consisting of commercial uses. Winchester will
have a common surface water management system and other shared infrastructure that will serve
and benefit the entire Winchester project. Consequently, Declarant has determined that it is in its
best interests (and in the interest of future Owners), to establish an "umbrella" property owners
association (the "Umbrella Association") that will own, operate and maintain the Surface Water
Management System(as defined herein)and to also provide for the ownership,maintenance,repair
and replacement of certain Umbrella Association Common Areas (consisting primarily of certain
access easements, perimeter landscape buffers, preserve areas, drainage areas and other common
infrastructure), and to enforce the terms and provisions of this Declaration, all as set forth more
particularly herein.
This Declaration only contains limited use restrictions and rights to approve or otherwise administer
the transfer of ownership or the leasing of any portion of the Properties (except those portions
owned by or dedicated to the Association); the primary purpose of the Association is to own and
operate the System and other Common Areas that serve the Property.
1.2 Annexation or Removal of property from Declaration. Declarant reserves the right to
amend this Declaration prior to the time that the Class B membership ceases without prior notice
and without the consent of any Person,to remove any portions of the Property then owned by the
Declarant, its affiliates, or the Association from the coverage of this Declaration, to the extent
originally included in error, or as a result of any changes in the Declarant's plans for the Property,
provided such withdrawal does not adversely affect the functions of the System as defined by the
Permits, and is not contrary to the overall, uniform scheme of development for the Property set
forth in the Master Plan.
1.3 Binding Effect. All of the Property shall be conveyed, owned and used subject to the
provisions of this Declaration, which shall run with the title to such Property and shall be binding
upon all Persons having any right, title, or interest in any portion of the Property, their heirs,
successors, successors-in-title, and assigns.
16Ae7
ARTICLE II: DEFINITIONS
2.1 Articles of Incorporation or Articles: shall mean and refer to the Articles of Incorporation
of the Winchester Umbrella Association, Inc., a Florida not-for-profit corporation as filed with the
Secretary of State of Florida and as may be amended from time to time. A copy of the existing
Articles is attached hereto as Exhibit"B".
2.2 Association or Umbrella Association: Winchester Umbrella Association, Inc., a Florida
not-for-profit corporation, its successors and assigns.
2.3 Assessment or Annual Assessment: those charges, fees or obligations as more fully set
forth in Article VIII of this Declaration.
2.4 Benefitted Party: An Owner or association that owns or governs property that is directly
benefitted by the System.
2.5 Board of Directors or Board:the body responsible for the administration of the Association,
selected as provided in the Bylaws, and serving the same role as the Board of Directors under
Florida law governing not-for-profit corporations.
2.6 Bylaws: shall refer to the Bylaws of the Winchester] Umbrella Association, Inc., as may
be amended from time to time. A copy of the current Bylaws is attached hereto as Exhibit"C".
2.7 Common Area: All such areas and/or easements designated as such by Declarant (or by
another Person with the written and recorded consent of Declarant)upon any recorded plat or plats
of the Property(or by a separate recorded instrument)and which are owned by or dedicated to the
Association,or for which the Association has primary maintenance responsibility. The System and
Conservation Areas are part of the Common Area. Notwithstanding the foregoing, if Declarant
elects to designate property as Common Area, and at the time of such designation,Declarant is not
the fee simple owner of such property,then Declarant shall not have the authority to designate such
property as Common Area without the written recorded joinder and consent of the fee simple owner
of the applicable property.
2.8 Common Expenses: the actual and estimated expenses incurred, or anticipated to be
incurred, by the Association in fulfilling its responsibilities under this Declaration, as more
particularly set out in Article VIII herein.
2.9 Conservation Area: shall mean and refer to those portions of the Property that are subject
to a platted (or separately granted)conservation easement.
2.10 Declarant: BCHD Partners I, LLC or its successors and assigns pursuant to an instrument
which expressly conveys and/or assigns to the named assignee or successor all or any portion of
the rights of the Declarant. The assignment or conveyance may be partial, in which event
Declarant's rights so conveyed shall be limited as provided in the instrument, or the same may be
a complete conveyance and assignment, in which case said assignee or successor shall be vested
with all of the rights of the Declarant hereunder, at which time Declarant will be released of all
liability hereunder.
2.11 Declaration: shall mean and refer to this Declaration of Covenants, Conditions and
Restrictions,as the same may be amended from time to time.
2
16 A
e /-
2.12 First Mortgagee: shall mean and refer to the holder of a first mortgage (and such holder
may be either an individual, bank, lending institution, financial institution,trust, or other public or
private non-financial entity)against a Parcel, and their successors and assigns.
2.13 Hazardous Materials: shall mean "hazardous substance" as defined by 42 U.S.C., Section
9601(14), [but not including the petroleum exclusion therein] and "pollutants" as defined by
Section 376.031(14),Florida Statutes,and as it may be amended or supplemented by any other law.
2.14 Limited Common Area: The Limited Common Areas are those portions of the Common
Area designated as such by the Declarant (or by another person with the written and recorded
consent of the Declarant)upon any recorded Plat or Plats of the Property(or by a separate recorded
instrument)which are owned by or dedicated to the Association or for which the Association has
primary maintenance responsibilities, and which serve a portion(but less than all)of the Property.
Notwithstanding the foregoing, if Declarant elects to designate property as Limited Common Area,
and at the time of such designation, Declarant is not the fee simple owner of such property, then
Declarant shall not have the authority to designate such property as Limited Common Area without
the written recorded joinder and consent of the fee simple owner of the applicable property.Placard
Spaces are Limited Common Areas.
2.15 Limited Common Expenses: The actual and estimated expenses incurred or anticipated to-
be incurred, by the Association in exercising its rights and responsibilities under the Declaration
with respect to the operation, maintenance repair and/or replacement of Limited Common Areas.
2.16 Lot or Parcel: A platted lot,a platted parcel or a tract of land which has been fractionalized
pursuant to a development order, a condominium unit along with its appurtenances, or any other
parcel of land, including any improvements located thereon, capable of being described with such
definiteness that its location and boundaries may be established, which is designated by Declarant
(or by the developer thereof)to be used,developed and conveyed as a unit and which is the smallest
undivided unit at any point in time.
2.17 Master Development Plan or Master Plan: The Declarant's plan of development of all
portions of the Property, as it has been or may be amended from time to time by Declarant, in the
Declarant's sole discretion.
2.18 Member: a person entitled to membership in the Association as provided herein and in the
Bylaws of the Association.
2.19 Monument Signage or Monument Sign: shall mean and refer to Monument Sign #1The
exclusive right to use Placard Space on the Monument Sign is initially reserved to the Declarant,
for assignment to certain Tracts as Limited Common Area,and the use of such Placard Space may
be further assigned and transferred pursuant to Section 3.13(b), below.
2.20 Monument Sign#1: shall mean and refer to the monument signage maintained from time
to time within the platted signage easement (S.E.) located at the entrance to Winchester on
Immokalee Road, as depicted on the Plat of Winchester and also generally depicted as "sign#1"
on the monument signage location plan attached hereto as Exhibit "F" (Exhibit "F" is for
convenience only, and the exact location and dimensions shall be as depicted on the Plat of
Winchester).
3
16Ae 7
2.21 Mortgagee: shall mean and refer to any bank, life insurance company, federal or state
savings& loan association,real estate or mortgage investment trust,or lender generally recognized
in the community as an institutional lender and which holds a mortgage on any portion or the
properties and which has notified the Association in writing of its holdings.
2.22 Owner: the record title Owner of the fee simple title to any Lot or Parcel situated within
or upon the Property, whether one or more Persons or Entities;provided,however,that Owner
shall not include a mortgagee unless and until such mortgagee has acquired title to the Lot or
Parcel pursuant to an action in foreclosure, any similar proceeding, or deed in lieu of
foreclosure, and if any such record title Owner of the fee simple title to any Lot or Parcel
situated within or upon the Property leases the Lot or Parcel to another Person for a term of
thirty (30)years or more inclusive of extension periods granted in such lease,which lease or a
memorandum thereof is recorded in the Public Records of Collier County, Florida (and a
recorded copy thereof has been delivered to the Association), then the rights of the Owner of
such Lot or Parcel may (but shall not be required to)be temporarily assigned by the fee simple
owner to such fee simple owner's lessee(a"Temporary Assignment of Owner's Rights")until
the expiration or termination of the term of such lease, and in such event, the"Owner"of such
Lot or Parcel shall(for the purposes set forth in the Temporary Assignment of Owner's Rights,
which may include but shall not necessarily be limited to exercising voting rights under this
Declaration and bearing primary responsibility for ensuring that such ground-lease tenant's
premises remains in compliance with the terms and conditions of this Declaration)be the then-
current lessee or tenant under such lease. A copy of the Temporary Assignment of Owner's
Rights shall be delivered to the Association, and shall also be recorded in the Collier County
Public Records. Notwithstanding the foregoing,no Temporary Assignment of Owner's Rights
shall affect the right,power and authority of the Association to enforce the terms and conditions
of the Declaration against the tenant and/or the fee simple Owner of a Lot or Parcel, record
liens (and foreclose) against the fee simple interests of the record owners of any Lot or Parcels
within the Properties, due to the non-payment of Assessments.
2.23 Perimeter Landscape Buffer: shall mean and refer to the perimeter landscape buffer
required by Collier County around the perimeter of the Property and located within the platted
perimeter landscape buffer easements(labeled as P.L.B.E. on the Plat)along the boundary lines of
the Property.
2.24 Permits: All permits and approvals presently existing that relate to the Property including,
but not limited to, any permit issued by the South Florida Management District, PUD, and the
Florida Department of Environmental Protection. A copy of the current South Florida Water
Management District Permit in effect for the Property is attached hereto as Exhibit"E".
2.25 Person: a natural person, corporation, partnership,trustee, or any other legal entity.
2.26 Placard Space: shall mean and refer to each individual placard space on the Monument
Sign, the approximate locations and dimensions of which are depicted on the Monument Signage
elevations attached hereto as Exhibit"F", as identified by the numbering system reflected on such
exhibit.
2.27 Plat or Plats: plat or plats recorded in the Public Record of Collier County, Florida and
affecting the Property of any portion thereof.
4
I6Ae7
2.28 Plat of Winchester: shall mean and refer to the initial plat of the Property, recorded on or
shortly after the initial recording of this Declaration, and upon sheet 1 of which is a specific
reference to this Declaration.
2.29 Property or Properties: the real property described in Exhibit "A" hereto, as it may be
modified by the operation of Section 1.2.
2.30 PUD: the mixed-use planned unit development zoning ordinance for the Property known
as the BCHD 1 CPUD, as approved by Collier County under County Ordinance No. 2021-20, as
amended from time to time.
2.31 Rules and Regulations: Rules and Regulations(if any)adopted by the Board as same may
be amended from time to time.
2.32 Shared Access Agreement: shall mean and refer to that certain Shared Access and Lift
Station Agreement recorded at Official Records Book 5945 Page 1946 of the Public Records of
Collier County, Florida, and any amendments thereto.
2.33 Special Assessment: Assessments levied in accordance with Section 8.8 of Article VIII of
this Declaration.
2.34 Specific Assessment: is defined in Section 8.9, below.
2.35 Sub-Association: shall mean and refer to any property owners association or condominium
association established by the owner of a Tract(or Tracts), to govern the portions of the Property
located within such Tract.
2.36 Supplemental Declaration: an amendment or supplement to this Declaration which in any
manner amends, modifies, or supplements this Declaration.
2.37 Surface Water Management System or System: those works, structures and other features,
including without limitation, swales, ditches, canals, impoundments, berms, ponds, lakes,
easements, retention/detention areas, culverts and pumps, dedicated to and/or owned by the
Association (or for which the Association is otherwise obligated to maintain hereunder) and used
for the management and storage of surface waters, drainage and/or flood protection for Collier
County as required or described in any permits issued by the South Florida Water Management
District or any other applicable government agency.
2.38 Turnover: shall have the meaning as set forth in Section 7.2, below.
2.39 Vote or Votes: shall mean the voting interest of a particular Parcel, as determined in
accordance with Article IX,below and Exhibit"D", attached hereto.
ARTICLE III:
PROPERTY RIGHTS,EASEMENTS
AND RIGHTS TO MONUMENT SIGNAGE SPACE
3.1 Owner's Easement of Access and Enjoyment. Every Owner of a Lot shall have a
perpetual, non-exclusive right and easement of ingress and egress, use and enjoyment in and to
the Common Areas which shall be appurtenant to and shall pass with the title to such Lot, subject
to the following rights:
5
16A ,
(A) The right of the Association to establish reasonable rules and regulations
governing the use of the Common Areas(however, no such rule shall materially and
adversely affect the rights of all Owners(and their respective tenants, licensees and
invitees)to the use of any platted roadways within the Property.
(B) The right of the Association to dedicate or transfer all or any part of the
Common Areas to any municipality, public agency,authority, or utility for such purposed
and subject to such conditions as may be agreed upon by the Association.
(C) The right of the Association to borrow money for the purpose of
improving the Common Areas and in aid thereof to mortgage said Property.
(D) The right of the Association to grant easements over portions of the
Common Areas to any public agency, authority, or utility.
(E) The right of the Association to assign, either partially or in full, any
easement rights it may have,or when its interest in the System is in fee simple,to dedicate
or transfer any portion or all of the System to any municipality, public agency, authority,
or utility for such purposes and subject to such conditions as may be necessary to satisfy -
the requirements of any Permit issued by any governmental agency or condition imposed
by a site development plan and/or plans and plat or other governmental approval issued by
Collier County,the State of Florida, or as Declarant deems necessary to further the scheme
of development set forth in the Master Plan.
3.2 Rules and Regulations. The Board of Directors may establish such reasonable Rules and
Regulations governing the use of the System and any other portions of the Common Areas. Copies
of such Rules and Regulations shall be provided by the Association to all Owners or to any
prospective purchaser, upon written request to the Association. Such Rules and Regulations shall
by binding upon the Owners, their families, tenants, guests, business and social invitees or
licensees, and agents, until and unless such Rule or Regulation shall be specifically overruled,
canceled, amended, or modified by the Association. The Board shall have the authority to impose
reasonable monetary fines and other sanctions, as Specific Assessments or otherwise, including the
suspension of rights in the System or Common Areas, in the event of any violation of the Rules and
Regulations adopted hereunder. Monetary fines may be collected by lien and foreclosure as
hereinafter provided.
3.3 Delegation of Use. Any Owner may delegate, in accordance with the Bylaws of the
Association and subject to any Rules and Regulations, or any other limitation imposed by the
Association, their right of enjoyment to the Common Areas to members of their family, tenants,
guests and/or business and social invitees or licensees.
3.4 Easements of Encroachment. There is hereby reserved reciprocal appurtenant easements
of encroachment, and for maintenance and use of any permitted encroachment, between each Lot
or Parcel and any adjacent System and between adjacent Lots and Parcels due to the unintentional
placement or settling or shifting of the improvements constructed,reconstructed,or altered thereon
(in accordance with the terms of this Declaration)to a distance of not more than five (5') feet, as
measured from any point on the common boundary along the line perpendicular to such boundary.
However, in no event shall an easement for encroachment exist if such encroachment occurred due
to the willful and knowing conduct on the part of, or with the knowledge and consent of,an Owner
or the Association.
6
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3.5 Easements for Cross Drainage. Every Parcel and the System shall be burdened with
easements for natural drainage of storm water run-off from other portions of the Property;provided,
except as contemplated and authorized by a valid Permit,no Owner shall alter the natural drainage
on any Parcel so as to materially increase the drainage of storm water onto adjacent portions of the
Property without the prior written consent of the Owner of the affected Property.
3.6 Easement for Maintenance.All lakes and other portions of the System are encumbered with
an easement for maintenance in favor of the Association. In addition, all portions of the Property
as abut a lake or other portion of the System are encumbered by a non-exclusive easement,which
easement extends twenty (20) feet landward from the top of the lake bank (but in no event shall
such easement extend inside the perimetrical boundaries of a building footprint, so long as such
building was constructed in accordance with plans and specifications approved by Collier County
and the Association). If permitted by the SFWMD, sidewalks and pedestrian/bike paths may be
located within the foregoing 20'maintenance easement areas.
3.7 Easements for Utilities. There are hereby reserved to the Association blanket easements
upon, across, above, and under all land within the Properties (excluding any land upon which a
building foot print or footprint of any other vertical improvement is located) for access , ingress,
egress, repairing, replacing, and maintaining all utilities serving the Properties or any portion
thereof, including, but not limited to, gas, water, sanitary sewer,telephone, and electricity, as well
as storm drainage and any other service such as, but not limited to, a master television antenna
system, cable television system, or security system which the Association might decide to have
installed to serve the Properties.It shall be expressly permissible for the Association or its designee,
as the case may be, to repair, replace, and maintain or to authorize the installation, repairing,
replacing, and maintaining of such wires, conduits, cables, and other equipment related to the
providing of any such utility or service. Should any party furnishing any such utility or service
request a specific license or easement by separate recordable document,the Association shall have
the right to grant such easement. Notwithstanding the foregoing, without the written consent of
the Owner of the applicable Lot, this Section 3.7 shall not permit the Association to install utility
facilities on such Lot if such facilities would be located outside the boundaries of any public and/or
private utility easements (whether depicted and dedicated on the Plat or previously granted under
separate recorded instrument).
In addition to any remedies herein provided,the Declarant,its successors and assigns,or any utility
company maintaining such utilities, shall have the right without prior notice to the Lot Owner, to
enter the Lot and trim or remove the said trees or shrubbery so interfering.Additional drainage and
utility easements,which are likewise so reserved with the Declarant, its assigns or successors,may
be set forth in any recorded plat or plats of the Properties.
3.8 Surface Water Management System; Granting of Additional Easements. The Association
and the SFWMD shall have a non-exclusive easement over, across, under and upon the property
encompassing the System,and an easement for reasonable ingress,egress and access,as necessary,
to enter upon any portion of the Property in order to construct, operate, maintain or repair, as
necessary,any portion of the System. The Declarant shall also have the authority to grant rights of
ingress and egress and/or connection to such systems to appropriate governmental agencies for the
purposes of furthering the scheme of development set forth in the Master Plan,enforcing the terms
of the Declaration,or to satisfy the conditions imposed by the Permits or development orders issued
in respect to such system or the Property, all pursuant to the terms as hereinafter set forth. The
easements granted to the Association by this Section 3.8 may not be removed or otherwise
terminated by the Owners without the prior consent of the SFWMD. To the extent Association or
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Declarant exercise any rights pursuant to this Section 3.8, such party agrees to restore the property
to substantially the same condition existing immediately prior to the exercise of such rights.
3.9 Right of Entry. The Association shall have the right, but not the obligation, to enter upon
any Lot or Parcel for emergency, security, and safety reasons, to perform maintenance and/or
repairs as may be required herein and to inspect for the purpose of ensuring compliance with this
Declaration, any amendments hereto, any Supplemental Declaration, the Bylaws or Articles of
Incorporation,and any Rules and Regulations,which right may be exercised by any member of the
Board, the Association, officers, agents, employees, and managers, and all policemen, firemen,
ambulance personnel, and similar emergency personnel in the performance of their duties. Except
in an emergency situation,entry shall only be during reasonable hours and after notice to the Owner.
This right of entry shall include the right of the Association to enter upon any Lot or Parcel to cure
any condition which may increase the possibility of fire or other hazard in the event an Owner fails
or refuses to cure the condition within a reasonable time after requested by the Board, but shall not
authorize entry into any building without the permission of the Owner, except by emergency
personnel acting in their official capacities.
3.10 Declarant's Reserved Easement. Notwithstanding any provisions contained in the
Declaration to the contrary, Declarant hereby expressly reserves unto itself and its successors and
assigns a nonexclusive, perpetual right, privilege, and easement with respect to the those portions
of the Properties owned by or dedicated to the Association, for the benefit of Declarant, its
successors, and assigns over, under, in, and/or on those portions of the Properties, without
obligation and without charge to Declarant, for the purposes of construction, installation,
relocation, development, sale, maintenance, repair, replacement, use, and enjoyment, and/or
otherwise dealing with all or any portion of the Properties, owned or dedicated to the Association.
The reserved easement shall constitute a burden on the title to those portions of the Property owned
by or dedicated to the Association and specifically includes, but is not limited to:
(A) The right of access, ingress,and egress for vehicular and pedestrian traffic
over, under, on, or in those portions of the Property owned by or dedicated to the
Association; and the right to tie into any portion of the Properties with driveways, parking
areas, and walkways; and the right to tie into and/or otherwise connect and use (without a
tap-on or any other fee for so doing), replace, relocate, maintain, and repair any device
which provides utility or similar services, including, without limitation, electrical,
telephone, cable television, natural gas, water, sewer, and drainage lines and facilities
constructed or installed in,on, under, and/or over the Properties.
(B) The right, but not the obligation,to enter into cross-easement agreements
with owners of adjoining properties.
(C) The right to construct, install, replace, relocate, maintain, repair, use, and
enjoy signs, sales offices, construction offices and business offices as, in the sole opinion
of Declarant,may be required,convenient,or incidental to the development of the Property
by Declarant.
(D) No rights, privileges, and easements granted or reserved herein shall be
merged into the title of any property, including,without limitation,the Properties,but shall
be held independent of such title, and no such right, privilege, or easement shall be
surrendered,conveyed, or released unless and until and except by delivery of a Quit Claim
deed from Declarant releasing such right, privilege, or easement by express reference
thereto.
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3.11 Driveways and Other Improvements within Landscape Buffer Easements. It is recognized
that the Plat of Winchester dedicates certain landscape buffer easements (each, an "L.B.E." and
collectively, the "L.B.E.'s") along the side, front and/or rear property boundaries of the various
Parcels. Subject to the approval in accordance with Article XI, below, and receipt of applicable
Collier County permits and approvals, paved driveways and/or sidewalks (as well as related
approved improvements) may be installed within such L.B.E.'s, for the purpose of providing
pedestrian and/or vehicular inter-connectivity between Parcels.
3.12 Monument Signage Easement;Assignment and Transfer of Specific Placard Space Rights.
As more particularly described and depicted on the Plat of Winchester, a signage easement(S.E.)
is hereby granted in favor of the Association, for the construction, maintenance, repair and
replacement from time to time of the Monument Signage, together with a reasonable right of the
Association to access such signage easement areas through the parking lot and outdoor portions of
Tract E of the Plat(as the owner thereof may re-configure from time to time). . The Association
shall maintain, repair and replace (as needed) such monument structural signage, as a Limited
Common Expense(but the actual signage to be located within each Placard Space on a Monument
Sign for the purpose of identifying specific owners/occupants shall be installed at the applicable
Owner's expense). As further set forth herein,all Placard Space located on the Monument Signage
is hereby reserved to the Declarant, to be assigned to the exclusive use of the Owners of certain
Tracts, as hereafter provided:
(A) Use of and Identification of Specific Placard Space. All Placard Spaces
not specifically assigned to a Tract are hereby reserved to the Declarant.
(B) Association Book; Transfer of Use Rights. Subject to sub-section (a),
immediately above, the Assignment by the Declarant to a Tract Owner of the use of a
specific Placard Space located on a specific Monument Sign shall be made by written
"Assignment of Use of Placard Space" (hereafter referred to as an "Assignment"), which
shall describe the Placard Space(s) assigned, and a copy of such Assignment shall be
delivered to the Tract Owner that is the Assignee thereunder. The Association shall
maintain a book or roster (the "Association Signage Register") for the purpose of
maintaining a record of the current Assignee of each Placard Space. The Association shall
record such Assignment in the Association Signage Register and the Tract Owner to which
such use is assigned shall have the exclusive right to use thereof(and may delegate such
rights to such Owner's tenant(s)). There shall be no recordation amongst the Public
Records of Collier County of the transfer or Assignment of any Placard Space. The
exclusive use of a Limited Common Area Placard Space is appurtenant to the Tract to
which it is designated or assigned, and the use of such Placard Space(s) shall be
encumbered by and being subject to any mortgage or claim thereafter encumbering the
Tract to which such Placard Space is assigned The right to such use shall pass with the title
to the Tract on transfer,whether or not separately described, and cannot be separated from
it; except that the use rights may be transferred to another Tract or exchanged between the
Owners of Tracts by the following procedure:
(i) The Tract Owners desiring to exchange or transfer such use rights
shall submit a written request to the Board of Directors,requesting the approval of such
transfer, and such approval may not be withheld so long as neither of the Owners are,
at the time of making such request, delinquent in the payment of any Assessments
hereunder. Upon written approval of the Board of Directors, the Tract Owners shall
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execute (in non-recordable form) and assignment of Placard Signage rights, in form
and content reasonably acceptable to the Association, and such assignment shall
include the recording data identifying this Declaration.
(ii) The transfer of rights shall be complete and effective when the
new Assignment is recorded in the Association Signage Register.
ARTICLE IV: SURFACE WATER MANAGEMENT SYSTEM
4.1 South Florida Water Management District. The Property is located within the boundaries
of the South Florida Water Management District (SFWMD) and is subject to the terms and
conditions set forth in the permit for surface water management issued by SFWMD. Any
amendment to this Declaration which would affect the Surface Water Management System must
be approved by the SFWMD if the permit so requires.
4.2 Enforcement. The beneficiaries of the System, including but not limited to all Owners,
shall have the legal right to use and enforce the assurances that the Surface Water Management
System,easements and other rights will be continuously maintained to ensure that they operate and
perform as assigned,and in accordance with the Permits. In addition,the SFWMD has the right to
take enforcement action, including a civil action for an injunction and penalties, against the
Association to compel it to correct any outstanding problems with the System or in mitigation or
conservation areas(if any)under the responsibility or control of the Association.
4.3 Association's Property Interest. Every Owner of a Parcel subject to this Declaration, at the
time it submits a Site Development Plan(SDP) or Plat for its Parcel, shall:
(A) either convey all lands designated (with the Declarant's written consent)
on the Plat or SDP for Surface Water Management purposes to the Association by terms
of the Plat or separate instrument as appropriate, or else grant appropriate easements in
favor or the Association for all properties intended to by the System;
(B) convey its ownership interest in all personal property and improvements
integral to the Surface Water Management System ("Transferred Improvements"), to the
Association by Bill of Sale Absolute, free and clear of all claims and liens or any nature;
(C) provide the Association with a warranty guaranteeing the Transferred
Improvements against defects of materials, equipment or construction for a period of one
(1)year from the date of completion; and
(D) provide the Association with a certification from a Professional Engineer
licensed by the State of Florida that:
(i) the Transferred Improvements have been installed or constructed
by the Owner in conformity with the approved plans and specifications therefore and
in conformance with all applicable rules, regulations, laws ordinances and all permits
and approvals;
(ii) the permits necessary to construct(and if applicable, operate and
maintain)the Transferred Improvement have been obtained,or if not obtained,that the
Engineer knows of no reason to believe that such permits cannot be obtained in a timely
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fashion and that those permits that have been obtained are capable of being assigned
to the Association; and
(iii) the Transferred Improvements have been installed or constructed
within lands previously, or to be simultaneously, transferred or encumbered by
easement in favor of the Association.
(E) In recognition of the fact that the construction of the Transferred Improvements is
a cost of development of the Owner's property,the conveyances to the Association
contemplated by this Section shall be for no consideration.
4.4 Surface Water Management System Expenses. Subject to Section 4.5, below, the
Association will operate, maintain, repair and replace the System, and the costs and expenses
thereof shall be assessed against all Parcels as a Common Expense.
4.5 Right to Transfer Maintenance Responsibilities; Owner Responsibility for on-site catch
basins and piping. Subject to any restrictions contained in the Permit, the Umbrella Association
shall have the right to transfer the maintenance,monitoring and repair obligations of the System to
a Benefitted Party. In addition,the Umbrella Association may also enter into an agreement with a
Benefitted Party whereby such Benefitted Party agrees to accept primary responsibility for the
maintenance, monitoring and repair obligations of a particular component of the System. If the
Association elects to transfer or otherwise delegate maintenance of all or any portion of the System
to a Benefitted Party, the Association shall nevertheless remain liable and ultimately responsible
for such delegated maintenance responsibilities. Without limiting the generality of the foregoing:
(A) the Owner of each Lot shall be primarily responsible (at its sole cost and expense) for
constructing, maintaining, repairing and replacing all catch basins and drainage piping located
within such Owners Tract, up to the point of connection of such facilities to the portions of the
master System that are not located within such Owner's Lot (B) by accepting title to any Lot, the
Owner thereof is deemed to have accepted primary responsibility(and shall thereafter,during their
ownership of such Lot, be primarily responsible)for the maintenance repair and/or replacement of
any dry detention water management areas constructed from time to time on such Owner's Lot, as
well as any underground pipes or other systems of conveyance installed by such Owner (or such
Owners predecessor(s) in title) for the purpose of transmitting surface waters from such dry-
detention areas to the boundary of such Owners Lot (for discharge out of such Lot and into the
portions of the System not located within such Owners Lot),all at the respective Owner(s)sole cost
and expense(and without the right to seek reimbursement from the Association or Declarant).
4.6 Use of System: The System shall only be used in accordance with all applicable laws,
ordinances, Permits, and the Rules and Regulations adopted by the Board of Directors.
4.7 Permit Modifications;Amendments that effect System. At such time as the Permit for the
System has been transferred to the Association, (a)any further modifications of such Permit and/or
the issuance of any sub-permit related thereto, and (b) any proposed amendment to the
Association's documents (including this Declaration), that would affect the System (including
environmental Conservation Areas and the water management portions of the Common Areas),
shall require the prior written consent of the Association.
ARTICLE V: CONSERVATION AREAS
5.1 Dedication. The Conservation Areas are hereby dedicated as part of the Common Areas.The
Conservation Areas shall be the perpetual responsibility of the Association and may in no way be
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altered from their natural or permitted state, except as approved by the appropriate governmental
authority. All Owners are hereby notified that their Lots may be adjacent to wetland preservation
or mitigation areas and upland buffers which are protected under conservation easements.
5.2 Maintenance and Monitoring. The Association is responsible for the maintenance and
monitoring of all Conservation Areas in accordance with the Permit
5.3 Use Restrictions.The Association shall enforce the use restrictions for the Conservation Areas,
and the Association shall take action against Owners, as necessary,to enforce the provisions of the
conservation easements, the Permit. Activities prohibited within the Conservation Areas shall
include, but not be limited to:
(a) Construction or placing of buildings on or above the ground;
(b) Dumping or placing soil or other substances, such as trash;
(c) Removal or destruction of trees, shrubs or other vegetation, with
the exception of exotic or nuisance vegetation removal;
(d) Excavation, dredging or removal of soil material;
(e) Diking, fencing, or any other activities detrimental to drainage,
flood control, water conservation, erosion control, or fish and wildlife habitat
conservation or preservation.
5.4 Signage. The Association shall maintain all signage required to protect the Conservation
Areas.
ARTICLE VI: USE RESTRICTIONS
6.1 Landscaping. No trees may be planted or maintained in such a way as to interfere with
public utility poles, wiring or drainage, or that may change the direction of drainage channels in
the easements, or that may obstruct or retard the flow of water through drainage channels in the
easements. The easement areas of each Lot and all improvements therein shall be maintained
continuously by the Owner of the Lot, except for those improvements for which a public authority
or utility company is responsible.
6.2 Water Bodies. No Member shall have the right to use the System for fishing, swimming
or boating, except where necessary to fulfill functions related to the maintenance of the Water
Management System.
6.3 Hazardous Materials. No Hazardous Materials shall be released into the System or
Conservation Area if such release would violate State and/or Federal Law. The term "release"
means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting,
escaping, leaching, dumping or disposing into the environment(including, without limitation,the
abandonment or discarding or barrels, drums, containers, tanks, and other receptacles containing
any hazardous material).
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6.4 Restrictions and Prohibited Uses. No portion of the Property shall be used or developed in
any way which is inconsistent with the provisions of this Declaration or the PUD. Additionally,
the following operations and uses shall not be permitted on any Lot under any circumstances:
(a) Labor camps;
(b) Junk or salvage yards;
(c) flea market;
(d) adult bookstore or other establishment primarily engaged in the business
of selling, exhibiting or distributing pornographic or obscene materials or live models or dancers,
(e) Rendering or distillation of fat or bones;
(f) Dumping, disposal, incineration or reduction of garbage, sewage,
manufacturing wastes of any type, offal, dead animals or refuse;
(g) Smelting of iron,tin, zinc or other ores or scrap;
(h) Mortuary, cemetery or funeral parlor;
(i) Manufacturing of cement, asphalt, lime, gypsum or plaster;
(j) Manufacturing, distribution or storage of explosives, including, without
limitation, bombs, fireworks, blasting caps, or other products intended for use as an explosive;
(k) Manufacturing of fertilizers or glue; and
(1) Trailer parks.
ARTICLE VII: ASSOCIATION MEMBERSHIP;
ASSOCIATON POWERS AND RESPONSIBILITIES
7.1 Membership. Every Person owning a Lot or Parcel subject to this Declaration shall be a
Member of the Association and shall be governed and controlled by this Declaration, the Bylaws
and Articles of Incorporation thereof.Membership is appurtenant to and shall not be separated from
such ownership. The foregoing is not intended to include Persons who hold an interest merely as
security for the performance of an obligation,and the giving of a security interest shall not terminate
the Owner's membership to the holder of the security interest.
7.2 Initial Control. The affairs of the Association shall be managed by a Board of Directors.
The initial Board shall consist of three Directors, all of whom shall be appointed by the Declarant,
who shall have the sole right to designate and appoint the Directors,or remove any or all Directors,
with or without cause, until: (i) three (3) months after the Declarant has sold and conveyed one
hundred percent (100%) of the Parcel, or (ii) as such earlier time as Declarant may in its sole
discretion determine("Turnover").After the Declarant relinquishes control as provided herein,the
Board may consist of the number of Directors provided for in the Articles of Incorporation or the
Bylaws.
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7.3 Voting Members. On all matters requiring a Membership Vote, the number of votes and
the manner in which they shall be exercised shall be as provided in Article IX, and subject to
Section 7.2, above. Where ownership of a parcel is by joint tenancy, tenancy of the entireties,
tenancy in common, corporate ownership, or any other form of joint ownership, the owners shall
designate one person to exercise the vote of all owners of such Parcel,and the vote of such designee
shall be binding on all owners in all respects.
7.4 Acceptance and Control of Association Property. The Association, through actions of its
Board, may acquire, hold and dispose of any interest in tangible or intangible personal property
and/or real property. The Association shall have all of the powers set forth in the Articles and
Florida Statutes Chapter 617. For the avoidance of doubt, the above-described authority of the
Association shall include,without limitation,the power and authority to assume any and all Permits
related to the Surface Water Management System, to assume the maintenance responsibilities for
all facilities related to the operation thereof, and to assume control (at its discretion) over any
portion or all of the irrigation mainline and/or irrigation pumping facilities within the Property and
any or all applicable water use permits or any other permits related thereto.
7.5 Agreements Related to the Surface Water Management Systems. The Association is
hereby empowered to enter into(and amend,negotiate and modify from time to time)one or more
additional agreements with the representative of the Owners of Lots or Parcels benefitted by the
System or the Owners of said Lots or Parcels, concerning the responsibility for the maintenance of
certain components of the System and the rights of the Association to enforce the terms of the
Declaration, any governmental permit or development order, and the aforementioned agreement;
in the absence of such Agreement, the terms and provisions of this Declaration shall control and
the Association shall have primary responsibility for the maintenance, repair and replacement of
all components of the System.Notwithstanding the foregoing, if the Association elects to enter into
one or more such agreements whereby responsibility of the Association for maintenance for any
part of the System is delegated to a third party,the Association shall nevertheless remain primarily
responsible for such obligations.
7.6 Construction,Maintenance and Operation; General. Subject to the rights of the Owners set
forth in this Declaration, the Association shall be the owner of and shall be responsible for the
Common Areas, including improvements and equipment installed thereon or used in connection
therewith. The Association shall maintain all Common Areas and the System in accordance with
the terms of the Permits. In conjunction with the initial recording of this Declaration,the Declarant
shall assign to the Association,and the Association shall expressly assume,the maintenance,repair
and replacement obligations related to the System.
7.7 Authority to Pledge or Mortgage. The Association shall have the authority to borrow
money for the purpose of improving the System and to pledge as security and encumber by
mortgage or otherwise, any part or all of the lands and personal property comprising the System.
7.8 Easements. The Association shall have the authority to exercise on behalf of all members
of the Association, all rights in any easement granted in favor of the Association, including but not
limited to the right to terminate or modify an easement, as the Association, in the exercise of
commercially prudent property management practices, deems reasonably necessary and
appropriate to fulfill the Association's maintenance and repair obligations hereunder (including,
without limitation,the Association's obligations under any applicable Permit).
7.9 Disclaimer of Liability. The Association shall not be liable for any damages or injury
occurring on,or arising out of the condition of, property which it does not own except to the extent
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that such property is damaged in the performance of the Association's maintenance responsibilities,
as a result of the Association's negligence.
7.10 Costs and Reimbursement. The costs associated with operation, maintenance, repair and
replacement of the System, shall be a Common Expense; provided that, the Association may seek
reimbursement from Owner or Owners of,or other Persons responsible for,certain portions of such
areas pursuant to this Declaration, other recorded covenants, or agreements with the Owner(s)
thereof.
7.11 Maintenance, Repair and Replacement of Monument Signage. Once constructed by or at
the direction of the Declarant,the Association shall maintain,repair(and replace from time to time)
the structural and other common components of all Monument Signage, and the costs thereof
(including electrical service to such signage and periodic pressure washing and/or re-painting)shall
be a Limited Common Expense and billed to the owners of Tracts to which specific rights to signage
placards have been assigned (as evidenced on Exhibit"F" attached hereto), pro-rata, based on the
specific signage area on the respective Monument Signage assigned to each Tract, in relation to the
total available signage area on the respective sign).For the avoidance of doubt,any expenses related
to the specific identification placards that may be placed by an Owner on the Monument Signage,
for the purpose of providing specific owner/tenant identification, shall be in all instances at the
respective Owner's expense.
7.12 Maintenance, Repair, and Obligations under Shared Access Agreement. The Association
shall be responsible for those obligations and responsibilities under the Shared Access Agreement
which are binding on the Property.
7.13. Property Management Fees. The Association may from time to time, at its discretion,
engage a property management company to manage the affairs of the Association, provided that
any and all fees paid to such property management company shall not exceed prevailing arm
s-length market rates.
ARTICLE VIII: ASSESSMENTS
8.1 Purpose of Assessments. The Assessments levied by the Association shall be used for the
improvements to, and the operation and maintenance of, the System, and all other portions of the
Common Areas and related uses, including, but not limited to,performance of the following duties
and payment of(all as Common Expenses unless otherwise noted):
(A) Fire and other hazard insurance covering the full insurable replacement
value of the System and any other personal or real property owned by the Association;
(B) Taxes levied on real property constituting the System owned by the
Association and on personal property of the Association;
(C) 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 the
occupation and/or use of the System, in the amount of not less than $500,000 per
occurrence and in the aggregate;
(D) Liability insurance insuring the members of the Board of Directors, and
officers of the Association, as a result of their respective service in such capacity;
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(E) Workman's compensation insurance to the extent necessary to comply
with Florida Statutes, and any other insurance deemed necessary by the Board of Directors
of the Association;
(F) Once the System has been constructed,acquisition of future equipment for
the System as may thereafter be determined necessary by the Association, including
without limitation, all equipment and personnel necessary or proper for maintenance and
use of such areas;
(G) Operation, preservation, repair, and maintenance of the System including
but not limited to,drainage,utility,and maintenance easements and retention areas,located
within the Property;
(H) Arrangement for security of the System, if deemed necessary in the
reasonable discretion of the Association; an
(I) 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
the Declaration, the By-Laws, or the Permits, or which shall be necessary or proper in the
opinion of the Board of Directors of the Association for the operation of the System and
Common Areas for the benefit of the Owners,or for the enforcement of the Declaration or
the Permits; .
(J) Enforcement and fulfillment of any and all agreements entered into by the
Association and fulfillment of all privileges,rights and responsibilities of the Association;
(K) Maintenance, repair and replacement of Monument Signage(as a Limited
Common Expense);
(L) Maintenance, repair and replacement of all landscaping within the
Perimeter Landscape Buffer;
(M) Maintenance of the Conservation Areas pursuant to Article V, above;
(N) Maintenance,repair,and obligations under the Shared Access Agreement.
8.2 Personal Obligation of Assessments. Except as hereinafter more fully provided, the
Declarant hereby covenants for each Lot and Parcel within the Properties and each Owner of a Lot
or Parcel is hereby deemed to covenant by acceptance of his deed for such Lot or Parcel, whether
or not it shall be so expressed in his deed, to pay to the Association: (i) Annual Assessments, (ii)
Special Assessments for capital improvements and other expenditures that the Association, in the
exercise of commercially prudent property management practices,deems reasonably necessary and
appropriate, such Assessments to be fixed, established, and collected from time to time as
hereinafter provided, and (iii) Specific Assessments against any particular Lot or Parcel which are
established pursuant to the is Declaration including but not limited to fines as may be imposed in
accordance with other provisions of this Declaration.
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8.3 Creation of Lien.All such Assessments,together with interest at the highest rate allowable
under the laws of the State of Florida, costs, and reasonable attorney's fees, shall be a continuing
lien upon the Lot, Parcel or other property as may be authorized by agreements of the Association,
against which each Assessment is made. Each such Assessment, together with interest, costs, and
reasonable attorney's fees, shall also be the joint and several personal obligation of each person
who is the owner of such property at the time the Assessment fall due,regardless of any agreement
between said owners, or between said owners and any other party.
8.4 Liability for Assessments. Each Owner shall be liable for any Assessment coming due
while he or she is the owner of the Lot, Parcel or other property as the case may be, and his or her
grantee shall be jointly and severally liable for such portion thereof as may be due and payable at
the time of conveyance. The Umbrella Association shall have the right to require any Sub-
Association to collect the Assessments due hereunder from its respective Lot Owners, and remit
payment to the Umbrella Association, as set forth more particularly in Section 9.5, below.
8.5 Assessments/When Due. Assessments shall be paid in such manner and on such dates as
may be fixed by the Board of Directors which may include, without limitation, acceleration of the
Annual Assessments not yet due in the event that an owner becomes delinquent in the payment of
Assessments, of whatever nature and for whatever reason.
8.6 Annual Assessment/Computation by Board of Directors. It shall be the duty of the Board
at least sixty(60)days prior to the Association's annual meeting, to prepare a budget covering the
estimated costs of operating the Association during the coming year, which may include a capital
contribution or reserve in accordance with a capital budget separately prepared. The Board shall
cause the budget and the Assessments to be levied against each Parcel for the following year, and
shall deliver a copy to each member at least thirty(30)days prior to the annual meeting. Absent a
Board approved budget, the previous year's budget shall become effective as the budget for the
current year without further ratification by the Board or the Membership.
8.7 Roster and Certificate of Payment.The Board,shall prepare a current roster of the Lots and
Parcels and Assessments applicable thereto which shall be kept in the office of the Association and
which shall be open for inspection by any Owner.The Association shall,upon demand at any time,
furnish to any Owner liable for any Assessment, a certificate in writing signed by an officer of the
Association setting forth whether any such Assessment has been paid. Said certificate duly
acknowledged by an officer of the Association shall be conclusive evidence of payment of any
Assessment therein stated to have been paid.
8.8 Special Assessments. In addition to the Annual Assessments authorized herein,the Board
may levy in any Assessment Year a Special Assessment, applicable to that year only, for the
purpose of defraying,in whole or in part,the cost of any construction or reconstruction,unexpected
repair or replacement of a described capital improvement upon the System or other Common Areas,
including the necessary fixtures and personal property related thereto,or for other purposes that the
Association, in the exercise of commercially prudent property management practices, deems
reasonably necessary and appropriate.
8.9 Specific Assessments. The Board may levy a Specific Assessment against any owner or
group of Owners (or against all owners within a specific Neighborhood, with respect to any
Neighborhood Expenses incurred or expected to be incurred by the Association in exercising its
rights and responsibilities hereunder)to reimburse the Association for Limited Common Expenses
and/or to reimburse the Association for costs incurred in bringing the Owner and his or her Parcel
or property as the case may be, into compliance with the provisions of this Amended Declaration,
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any Amendments thereto, the Articles, Bylaws, and the Association Rules and Regulations, or for
collection of any fine imposed for violation of the Rules and Regulations,Permits, or terms of this
Declaration. Without limiting the generality of the foregoing:
(a)Monument Signage Expenses. Specific Assessments will be levied against the
Owners of Tracts to which specific rights to the Monument Signage have been assigned
pro-rata, based on the specific signage area on the respective Monument Signage assigned
to each Tract, in relation to the total available signage area on the respective sign).
Notwithstanding the general right of the Association to include the anticipated annual
maintenance expenses related to the Monument Signage as a sub-component of its annual
budget (thereby creating a mechanism for the periodic collection of such Special
Assessments concurrently with the Annual Assessments for Common Expenses), prior to
commencing any non-routine repair or replacement work on any Monument Signage, the
Association may obtain bids and/or cost estimates from the contractor(s)that will be doing
such work, for the purpose of determining, in advance,the amount(or estimated)amount
of the Specific Assessment that the Association will then have the right to assess against
the applicable Parcel(s), for the purpose of collecting such funds in advance of the
contemplated work. Unless otherwise agreed, all Specific Assessments shall be due and
payable to the Association by no later than ten(10)days after the applicable Owners receipt
thereof, and may be collected and enforced in accordance with Sections 8.10 and 8.11,
below.
8.10 Effect of Non-Payment of Assessment; Remedies of Association.Any Assessments which
are not paid when due shall be delinquent. Any Assessment delinquent for more than ten(10)days
shall incur a late charge in an amount as the Board may determine from time to time. The
Association shall cause a notice of delinquency to be given to any Member or other party who has
not paid within ten (10) days following the due date. If the Assessment has not been paid within
thirty (30) days of the notice of delinquency, a lien as herein provided for shall attach and in
addition the lien shall include the late charge, plus interest on the principal amount due and the
maximum allowable rate by law from the date the Assessment was first due and payable, all costs
of collection, reasonable attorney's fees actually incurred, and any other amounts provided or
permitted by law.
8.11 Foreclosure of Lien.In the event the Assessment remains unpaid after sixty(60)days from
the date when due, the Association may as the Board shall determine institute suit to collect such
amounts or to foreclose its lien.Each Owner,by his or her acceptance of the deed to a Lot or Parcel,
vests in the Association or its agents, the right and power to bring all actions against him or her
personally for the collection of such charges as a debt or to foreclose the aforesaid lien in the same
manner as a mortgage lien may be foreclosed in Florida. The lien provided for in this article shall
be in favor of the Association and shall be for the benefit of all other Owners. The power to bid on
the property at any foreclosure sale or to acquire,hold, lease,mortgage and convey the same, shall
be held by the Association, acting on behalf of the Owners. The costs associated with purchase of
any such lot at foreclosure sale or otherwise shall be a Common Expense of the Association. No
Owner may waive or otherwise escape liability for the Assessments provided for herein,including,
by way of illustration but not limitation,the abandonment of his or her Lot or Parcel.
8.12 Subordination of the Lien to First Mortgages. Subject to any law or regulation to the
contrary,the lien of the Assessment provided for in this Declaration shall be subordinate to the lien
of any first mortgage. The sale or transfer of any Lot or Parcel pursuant to a mortgage foreclosure
shall extinguish the lien of such Assessments as to payments which became due prior to such
foreclosure sale. No such foreclosure sale shall relieve such Lot or Parcel from liability for any
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1 e7
Assessments thereafter becoming due or from the lien thereof. Any lien extinguished by operation
of this Section shall remain fully enforceable by judgment against the Owner of the Parcel so
assessed prior to the foreclosure sale.
8.13 Property Exempt from Assessments.All property owned by the Association is fully exempt
for the Assessments created herein.
8.14 Assessments to Declarant. Notwithstanding anything to the contrary in the Declaration,
for so long as the Class B membership remains,Declarant,as the Class B Member,will be relieved
from paying assessments for Common Expenses in respect to land owned by it subject hereto so
long as it pays and contributes to the Association funds to pay for all Common Expenses in excess
of the assessments received by it from other Owners based on the established budget for the
Association. Declarant may, at the end of any calendar year, elect to be assessed as specified in
Section 9 hereof in the same manner as all other Owners.
8.15 Estoppel Letter. The Association shall provide an estoppel letter certified to an Owner
(and to Owner's lender/mortgagee, if applicable) within ten (10) days of request by any Owner as
to status of payment of Assessments and whether there is any default under this Declaration with
respect to said Owner's Parcel.
ARTICLE IX: ALLOCATION OF VOTES AND ASSESSMENTS
9.1 Allocation of Votes and Assessments. The current allocation of Votes and Assessments
(for Annual Assessments) for the Class A Members is included on Exhibit"D", attached hereto.
9.2 Assignment of Votes and Assessments. The allocation of Votes and Assessments shall be
appurtenant to and run with the ownership of the parcel, regardless of actual permitted land use or
lot coverage when developed.
9.3 Updates by Declarant or Association. The Declarant shall have the right (prior to
Turnover) and the Association (as well as the Declarant) shall have the right after Turnover, to
record an amendment to this Declaration from time to time (without conducting any vote of the
Members) for the purpose of updating Exhibits "D" to accurately reflect the allocation of
Assessments and Votes of the various Parcels as they are site planned and actually developed.
However, unless the update to Exhibit"D" is made as a result of adding or removing developable
land to the terms of the Declaration,the Assessment and allocation of Votes of a Parcel may not be
increased or decreased without such Parcel Owner's written joinder to such amendment.
9.4 Combination of Parcels. Should any two Parcels be combined for development or any other
purpose,the number of votes and percentage of assessments for the combined lot shall be the sum
of the number of votes and percentage of assessments for the lots combined.
9.5 Subdivision of Parcels. The effect of the subdivision of a Parcel on the number of votes
and percentage of assessments is dependent on the land use permitted for the Parcel.
(A) Subdivision of Parcels. Subdivided parcels shall have the number of votes
and percentage of assessment(in the aggregate)equal to the allocation of Assessments and
Votes of the Parcel subdivided.
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(B) At the time that any Parcel is subdivided,the developer thereof shall cause
to be created a Sub-Association that shall have, at a minimum, the following
responsibilities.
(i) The Sub-Association shall apportion the assessments and votes
among the units created by the subdivision of the residential Parcel.
(ii) On all matters requiring a Membership Vote, each subdivided
residential Parcel shall vote separately. The Sub-Association shall tabulate the vote,
and report the results to the Association, expressed as the number of votes it casts for
the matter and the number of votes it casts against the matter, the sum of which shall
equal the number of votes assigned to the Parcel as a whole.
(iii) The Sub-Association shall apportion the assessments among the
lots or units created by the subdivision.When the Annual Budget is presented pursuant
to Section 8.6, the Sub-Association shall notify each Owner of a lot or unit of the
amount of that unit's share of the assessment and the date on which payment is due,
and shall direct each Owner to make payment to the Sub-Association. On the date that
Assessments are due to the Association as set by the Board of Directors, the Sub-
Association shall pay over to the Association all amounts collected pursuant to this
Section, and shall report to the Association the identity of all units which have not
remitted that unit's portion of the Assessment. The Association shall then be entitled
to exercise all rights granted to it (against the non-paying units) by Article VIII in
efforts to collect the amounts not paid.
(iv) Should any Sub-Association fail to fulfill its responsibilities under
this Section, the Association may assume those responsibilities and assess the costs
thereof as Specific Assessment against the properties within the Subdivided Parcel.
ARTICLE X: MAINTENANCE
10.1 Maintenance by the Association.The Association shall maintain,operate,and keep in good
repair the System (subject to Section 4.5, above, as to each Owner's responsibility), Conservation
Areas,and other portions of the Common Areas. The Association shall also maintain the Perimeter
Landscape Buffers, as well as the interior platted roadway tracts located within the Property and
consisting of Tract as reflected on the Plat. All costs associated with such maintenance,operation,
repair and replacement shall be a Common Expense to be allocated among all Lots and Parcels as
part of the Assessments. The Association may maintain other property which it does not own
including, without limitation, property dedicated to the public, if the Declarant, prior to the
cessation of the Class B membership,and the Board of Directors,after the termination of the Class
B membership, determine that such maintenance is necessary or desirable to maintain the System
and/or the welfare of the Properties. The cost of such maintenance shall be allocated among the
benefitted properties as a Common Expense (or as a Limited Common Expense), as the Board of
Directors determines reasonable and appropriate. The Association may contract with any Person
for the management of all or any part of the System, and/or other portions of the Common Areas,
for purposes of carrying out all or a portion of the maintenance services provided for in the
Declaration. In the event the Association shall fail to carry out any of its maintenance activities
hereunder, then any aggrieved Owner or Owners may seek to enforce the provisions of the
Declaration subject to the terms and provisions thereof.
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10.2 Owner's Responsibility. Each Owner shall maintain his or her Lot or Parcel and all
structures, parking areas, parking lot lighting and other improvements thereon including, without
limitation, dry-detention areas located on such Owners Lot (as well as pipes and catch basins,
pursuant to Section 4.5,above). In addition, with the exception of the Perimeter Landscape Buffer
(which shall be maintained by the Association,wherever located),each Owner shall be responsible
for irrigation and maintenance, repair and replacement (as needed) of all landscaping, including
any landscape buffering located within platted landscape buffer easements (L.B.E.'s on the Plat)
on an Owner's Lot. Owners of Lots fronting on any roadway within the Properties shall maintain
driveways serving their respective Lot and shall maintain and irrigate landscaping on that portion
of the area, if any, or right-of-way between the Lot boundary and the nearest pavement edge.
Owners of Lots fronting on the water's edge shall maintain and irrigate all landscaping between
the Lot boundary and such areas; provided,the Owners shall have no right to remove trees, shrubs
or similar vegetation from this area without prior approval of the Association. All maintenance
required by this Section 10.2 shall be performed in a first-class manner consistent with similar
commercial projects in Collier County, Florida, with any standards from time to time adopted by
the Board and all applicable covenants. If any Owner fails properly to perform his or her
maintenance responsibility, the Association shall have the right, but not the obligation to maintain
such property and assess all costs incurred by the Association against the Lot and the Owner thereof
as a Special Assessment. Provided, however, except when entry is required due to an emergency
situation, the Association shall afford the Owner a minimum of seven (7) days' notice and an
opportunity to cure the problem prior to entry.
10.3 Sub-Association's Responsibility. Any Sub-Association having responsibility for
maintenance of all or a portion of the property within a particular Neighborhood pursuant to
Neighborhood Documents shall perform such maintenance responsibility in a manner consistent
with the foregoing standards. In the event the Sub-Association fails to adequately maintain
property for which it is responsible, the Association shall have the right, but not the obligation, to
maintain such property and to assess the costs (including an appropriate charge for administrative
overhead) against the Lots located within the maintenance responsibility of the Neighborhood
benefitted by the maintenance performed by the Association. Each such Lot shall pay its pro rata
share of such expenses incurred by the Association together with an administrative charge of ten
percent (10%) of such amount. Such Assessments may be collected as Special Assessments
hereunder and shall be subject to all lien rights provided herein.
Any Sub-Association whose common property is adjacent to any portion of the Property upon
which a wall or fence is constructed shall maintain and irrigate that portion of the Common Area
between the wall or fence and the Sub-Association's property line. Any Sub-Association whose
common property fronts on any roadway within the Properties shall maintain and irrigate the
landscaping on that portion of the right-of-way between the property line and the nearest curb of
such roadway.
ARTICLE XI: ARCHITECTURAL REVIEW
11.1 Approval Required. Subject to Section 11.8,below,no Improvement shall be commenced,
erected, placed, moved, altered, maintained, or permitted to remain on any Lot or any portion
thereof until plans, specifications, drawings, designs and any supporting materials (collectively
"Plans") have been submitted to and approved in writing by Association. Such Plans shall be
submitted in writing over the authorized signature of the Owner or Occupant of the Lot or its
authorized agent. Notwithstanding the foregoing,with respect to any building that was previously
approved by the Association nothing herein contained shall require submission to or approval by
the Association of Plans relating to(a)normal maintenance of or alterations to the interior of such
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building or(b)renovations or repairs made to the exterior of any building which do not change the
character or design of the building or materially alter the color or materials of the exterior of such
building. The Association's approval of Plans shall not exempt such Owner or Occupant from
obtaining approval of such Plans by all applicable governmental agencies, nor constitute a
representation, warranty or guarantee, whether express or implied, that such Plans comply with
good engineering design or with Laws or the Entitlements, including,without limitation,the PUD.
By approving such Plans, neither the Association, its officers, the Board, nor Declarant, assumes
any liability or responsibility therefor,or for any defect in the structure constructed from such Plans.
Neither the Association, its officers, the Board, nor Declarant, shall be liable to any Owner,
Occupant, or other Person for any damage, loss, or prejudice suffered or claimed on account of(a)
the approval or disapproval of any Plans, whether or not defective; or (b) the construction or
performance of any work,whether or not pursuant to the approved Plans.
11.2 Basis for Approval. Approval of Plans shall be based, among other things, on: (a)
adequacy of site dimensions, (b) conformity and harmony of external design with existing and
planned neighboring structures, (c) effect of location of proposed Improvements on neighboring
Lots,(d)design of roofscape as viewed from adjacent areas,(e)proper site orientation with respect
to nearby streets, and (f) conformity of the Plans to the purpose, general scheme of improvement
and development and intent of the Design Standards and this Declaration. The Association shall
not arbitrarily or unreasonably withhold its approval of Plans; provided, however, that the
Association shall at all times be subject to compliance with the provisions of this Declaration.
11.3 Time for Approval or Disapproval. All approvals and disapprovals of Plans by the
Association shall be in writing. If the Association or its designated representative fails to approve
or disapprove, or if the applicant and Association do not mutually agree to an extension of time
within which to approve or disapprove any Plan, within thirty (30) days after the Submittal Date
(as that term is defined below in this Section 11.3), then the provisions hereof relating to the
approval by the Association shall be deemed to have been waived solely as to such Plan; provided,
however, that such waiver shall not be deemed to be a waiver of any other covenant, condition or
restriction provided herein. For purposes of this Article XI,the "Submittal Date" shall be the date
on which the Association receives the submittal of the Plans, or the date on which the Association
receives any amendment, substitution, supplement, or resubmittal. Any disapproval of the
Association pursuant to this Article XI shall be accompanied by a statement from the Association
of the reason for such disapproval.
11.4 Variances.
(A) When circumstances such as topography,natural obstructions,or aesthetic
or environmental considerations may require, the Association may authorize variances
from compliance with any of the architectural provisions of this Declaration, including
without limitation, restrictions on height, size, floor area or placement of structures, or
similar restrictions. Such variances must be evidenced in writing, must be signed by the
Association.
(B) When circumstances such as hardship may require, the Association may
not authorize variances, but shall forward such requests to the Association, which shall
submit the request for a variance to the Owners,which must be approved by a Majority of
the Owners, with respect to variances from compliance with any of the architectural
provisions of this Declaration, including without limitation, restrictions on height, size,
floor area or placement of structures, or similar restrictions. Such variances must be
evidenced in writing, and must be signed by the Association.
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(C) If such variances or exceptions are granted, no violation of the covenants,
conditions and restrictions contained in this Declaration shall be deemed to have occurred
with respect to the matter for which the variance or exception was granted. The granting
of such variance or exception shall not operate to waive any of the terms and provisions of
this Declaration for any purpose except as to the particular property and particular
provision hereof covered by the variance and exceptions, nor shall it affect in any way the
obligation of the Owner and/or Occupant to comply with all Entitlements and Laws
affecting the use of the Lot,including,but not limited to,the PUD,Entitlements,applicable
county regulations and ordinances, and Lot set-back lines or requirements imposed by the
County,or any other public authority. The granting of a variance or exception shall not be
deemed to be approval from the standpoint of compliance with Laws, nor from the
standpoint of structural safety, nor an exemption from compliance with Laws, and the
Owners and Association, provided that they act in good faith, shall not be liable for any
damage to an Owner, occupant or any other Person as a result of the granting or denying
of a variance.
11.5 Governmental Action. One complete set of final Plans shall be furnished to the Association
upon approval by the County,where appropriate, and such Plans shall be kept on file in the records
of the Association to ensure that the Improvements are constructed in compliance therewith. At
such time as construction is completed, a complete set of final Plans shall be furnished to the
Association and kept on file in the records of the Association. If the Plans approved by the
Association are subsequently modified by County or other governmental action, or modified for
any other reason, said revision or modification shall require the approval of the Association as
provided in this Article XI.
11.6 Liability. Without limiting the generality of Section 8.20 hereof, neither the Association,
the Board or Declarant shall be liable for damages to anyone submitting Plans to it for approval or
to any Owner, Occupant or other Person by reason of any(a)mistake in judgment, (b)negligence
or nonfeasance arising in connection with the approval or disapproval of any Plans, (c)negligence
in the design or construction of any Improvements identified in the Plans, (d) the execution and
filing of any estoppel certificate, or (e) the performance of any other duties of the Association
contemplated by this Declaration,unless performed in bad faith. Anyone who submits Plans to the
Association shall be deemed to have agreed by submission of such Plans, and every Owner and
Occupant by acquiring title and/or possessory rights to any Lot,Building or portion thereof agrees,
that he will not bring any action or suit against Declarant,the Association,any officer or the Board,
or any other Person for the recovery of damages by reason of any such approval or disapproval,
mistake in judgment,negligence or nonfeasance arising in connection with the performance by the
Association of any duties contemplated by this Declaration,or negligent design or construction. In
the event the Association shall be held liable with respect to any such approval, disapproval,
mistake, negligence or nonfeasance, then the Association shall not be entitled to obtain
indemnification or contribution from Declarant or from any member of the Board with respect to
such approval, disapproval, mistake, negligence or nonfeasance.
11.7 Design Standards and Improvement Maintenance Standards. The Association shall have
sole responsibility for the interpretation and implementation of the Design Standards, and its
decisions shall be final,binding and conclusive on all the Owners and Occupants affected thereby.
Because each Lot is different from every other Lot, the Association (a) shall at all times have the
right, in its sole but reasonable discretion,on an individual basis,to authorize such variances to the
Design Standards and/or Improvement Maintenance Standards as it deems necessary, appropriate
or convenient, except as otherwise restricted as set forth in those sections dealing with Variances;
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and (b) shall not be found to have been unreasonable or arbitrary solely because it has decided
differently with respect to different Lots. The granting of such a variance shall not operate to waive
any of the terms and provisions of the Design Standards or the Improvement Maintenance
Standards for any purpose except as to the particular Lot and the particular term or provision thereof
covered by such variance, nor shall it affect in any way the Owner's and Occupant's obligation to
comply with the Entitlements and Laws affecting its use of such Lot.
11.8 Reimbursement. Each member of the Association shall be entitled to reimbursement from
the Association for reasonable expenses incurred by such member in connection with the
performance of any Association duty or function. In addition, the Association shall reimburse
Declarant for out-of-pocket expenses incurred by Declarant and Declarant's staff in connection with
the performance of Declarant's duties hereunder as well as in connection with any assistance
rendered by Declarant to the Association or to the Association.
ARTICLE XII: MORTGAGEE RIGHTS
12.1 Cure of Delinquent Assessments. A First Mortgagee will be entitled to cure any
delinquency of the Owner of any Lot or Parcel encumbered by a first mortgage in the payment of
Assessments.In that event,the mortgagee shall be entitled to obtain a release from the lien imposed
or perfected by reason of such delinquency.
12.2 Title Taken by First Mortgagee. Any First Mortgagee who obtains title to a Lot or Parcel
pursuant to the remedies provided in the first mortgage, including foreclosure of the first mortgage,
will be liable for (a) all Assessments due and payable as on and after the date title to the Lot or
Parcel vests in the First Mortgagee under the Florida Statutes governing foreclosures, and (b) all
past due Assessments levied against the Lot and accruing up to the date title vests in the First
Mortgagee, up to a maximum of twelve (12) months' worth of delinquent Assessments. Except
asset forth in the preceding sentence, such First Mortgagee will not be liable for any unpaid dues
and charges attributable to the Lot or Parcel for the time prior to the date such title vests in the First
Mortgagee.
ARTICLE XIII: CONDEMNATION
If all or any part of the Common Area shall be taken (or conveyed in lieu of and under threat of
condemnation by resolution of the Board) by any authority having the power of condemnation or
eminent domain, each Owner shall be entitled to written notice. The award for such taking shall be
payable to the Association to be disbursed as follows:
(A) If the taking involves a portion of the Common Area on which
improvements have been constructed,then,unless,within sixty(60)days after such taking,
Declarant, during the period of Declarant control and, at all times, Members representing
at least 67% of the votes attributable to Lots, shall otherwise agree, the Association will
restore or replace such improvements so taken on the remaining land included in the
Common Area to the extent lands are available therefore, in accordance with plans
approved by the Board of Directors. If such improvements are to be repaired or restored,
the provisions regarding the disbursement of funds in respect to casualty, damage, or
destruction which is to be repaired shall apply.
(B) If the taking does not involve any improvements on the Common Area,or
if a decision is made not to repair or restore, or if there are funds remaining after any such
restoration or replacement is complete, then such award or funds shall be disbursed to the
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Association and used for such purposes as the Board of Directors of the Association shall
determine, in its sole discretion.
ARTICLE XIV: MISCELLANEOUS PROVISIONS
14.1 Duration. Then covenants and restrictions of this Declaration shall run with and bind the
Property and shall inure to the benefit of and be enforceable by the Association or any Member
thereof for an initial period of thirty (30) years form the date of recordation of this consolidated
Declaration;thereafter the covenants and restrictions shall be automatically extended for additional
periods of ten (10) years each, unless otherwise terminated or modified by amendment as
hereinafter provided.No termination shall occur unless the property consisting of the surface water
management system is conveyed and/or dedicated to an appropriate local government or to a similar
non-profit association approved in accordance with the terms of all applicable governmental
permits.
14.2 Covenants Run with the Land. All restrictions, reservations, covenants, conditions, and
easements contained in this Declaration shall constitute covenants running with the land; and all
grantees, devisees,or mortgagees,their heirs,personal representatives,successors and assigns,and
all parties claiming by, through, or under such Persons agree to be bound by the provisions of the
Declaration,the Articles of Incorporation and By-Laws of the Association.
14.3 Enforcement. Declarant,the Association, or any Owner, shall have the right to enforce,by
proceedings at law or in equity, all requirements, restrictions, conditions, covenants, easements,
reservations, liens and charges now or hereafter imposed by the provisions of the Declaration, and
shall be entitled to recover all expenses, costs and attorney's fees related thereto. Failure by the
Declarant,the Association,or by any Owner to enforce any covenant or restriction herein contained
shall in no event be deemed a waiver of the right to do so thereafter.
14.4 Severability.Invalidation of any one of these covenants or restrictions by judgment or court
order shall in no way affect any other provisions which shall remain in full force and effect.
14.5 Amendments.
(A) The Declarant shall have the unrestricted right to amend this Declaration
until such time the Class B membership ceases.
(B) At such time as the Class B membership ceases, this Declaration, or any
provision of it, may only be amended, or modified as to the whole or any portion of the
Property,upon the written consent of Owners holding 67%or more of the total votes in the
Association. The certificate of the Secretary of the Association documenting the votes
shall constitute evidence of such vote. However, any amendment that will change the
percentage of votes or assessments allocated to a particular Parcel shall require the written
joinder of the owner of such Parcel.
(C) Notwithstanding sub-sections 14.5(A)-(B), above, no amendment that
purports to (1) impose additional use restrictions (other than any use restrictions required
to maintain compliance with a Permit), or (2) impose restrictions on ownership, transfer
and/or leasing of any portion of the Properties, shall be valid unless approved by 100% of
the Voting Interests of the Association. In addition,no amendment that purports to modify
any easement rights hereunder pertaining to ingress/egress rights over platted roadways
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1 6 A
within the Property, shall require the consent of the Owner(s) of the Lot(s) that would be
effected by such amendment.
(D) Notwithstanding sub-sections 14.5(A)-(C), above, any proposed
amendment to the Association's documents(including this Declaration),that would affect
the System (including environmental Conservation Areas and the water management
portions of the Common Areas) must be submitted to the SFWMD for a determination of
whether the Amendment necessitates a modification of the SFWMD permit. If a
modification is necessary,the District will so advise the permittee. Any Amendment that
affects the System,Conservation Areas and/or water management portions of the Common
Areas shall require SFWMD approval.
Amendments made pursuant to this Section will inure to the benefit of and be binding upon
their respective heirs, successors, and assigns.
14.6 Conflicts Between Documents. In case of a conflict between this Declaration and the
Articles of Incorporation or the Bylaws,this Declaration shall control.In case of a conflict between
the Articles of Incorporation and the Bylaws,the Articles of Incorporation shall control.
14.7 Indemnification. The Association shall indemnify every officer and director against any
and all expenses, including counsel fees, reasonably incurred by or imposed upon any officer or
director in connection with any action, suit, or other proceeding (including settlement of any suit
or proceeding, if approved by the then Board of Directors) to which he or she may be a party by
reason of being or having been an officer or director. The officers and directors shall not be liable
for any mistake of judgment, negligent or otherwise, except for their own individual willful
misfeasance, malfeasance, misconduct, or bad faith. The officers and directors shall have no
personal liability with respect to any contract or other commitment made by them, in good faith,
on behalf of the Association (except to the extent that such officers or directors may also be
Members of the Association), and the Association shall indemnify and forever hold such officer
and director free and harmless against any and all liability to others on account of any such contract
or commitment.Any right to indemnification provided for herein shall not be exclusive of any other
rights to which any officer or director, or former officer or director, may be entitled. The
Association shall, as a common expense, maintain adequate general liability and officers' and
directors' liability insurance to fund this obligation, if such insurance is reasonably available.
14.8 Gender and Grammar. The singular, wherever used herein, shall be construed to mean the
plural,when applicable,and the use of the masculine pronoun shall include the neuter and feminine.
{Remainder of Page Intentionally Left Blank}
26
IN WITNESS WHEREOF,the undersigned Declarant has executed this Declaration this
.. • day of 1�rijevwbev- , 2022.
WITNESSES: BCHD Partners I, LLC,
a Florida limited liability company
By: Creekside West, Inc.,
Print Na e: ( a Florida corporation
JJ its Manager
Anhylottailuta0By:
Print Name: G},[AmptrA Brain Goguen, Vice sident
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this day uOV evtkbe_r" of
, 2022, by Brian Goguen as Vice President of Creekside West, Inc., a
Florida corporation, Manager of BCHD Partners I, LLC, a Florida limited liability company, on
behalf of the entities,who is personally known to me or who has produced
as identification.
fP'`' SAt3INAE.HARDY Notary Public
:*_ MY COMMISSION#GG 287225 Print Name: n C . 2y
yr`+� EXPIRES:Janus 14,2023 /
'•.,,or-:r,,z3' January My Commission Expires: l�y' 202 3
Bonded Thar Notary Public Underwriters
27
16a1i
Exhibit"A"—The Property
LEGAL DESCRIPTION
ALL THAT ART OF TRA..T I ' 6, TRACT I T_ • . _3 AND TRACT
GOLDEN GATE ESTATES UNIT 'NO 22, A SUBDIVISION AOCC.;RDIN,; TO THE PLAT
THEREOF AS RECORDE ) IN SLAT H0OK I, PAGES 8.5 AN 84, PUHLIC
RE O.R-:S OF COLLIER COUNTY. FLORIDA, BEING MORE i'ARTI C. LAriLY
DESCRHE AS FOLLOWS:
BEGINNING^, AT THE SC.:THAEST CORNER OF SAID TRACT ' 18;
THENCE ALONG THE WEST LINE OF :AID TRACT 1 '8 AND TRACT ' 19, NORTH
Cl,.'79'U ?' WEST 4/9.9;. FEET;
THENCE LEAVING SAID LINE, SOUTH 89'30'56" WEST 284.95 FEET;
THENCE NORTH 00'79'T" WEST 180. 1 ' FEET TC A. POINT ON THE NORTH
LINE OF SAL TRACT ' , 6;
THENCE ALONG SAID NORTH LINE, NORTH 89'30'56" EAST 281.92 FEET TO
THE SOUTHWEST NEf< OF AFOREMENTIONED TRACT 120;
THENCE ALONG THE WEST LINE OF SAID TRACT 120, NORTH 00'29'58" WEST
.3`0 1 1 FEET Th THE N' <TH'WW;E :T CORNER :;F SAID TRACT 120;
THENCE ALONG THE f.i -;TH LINE CF SAID TRACT 2C, NORTH 89'3C'O6" EAST
709.35 FEET TO A POINT ON THE WEST LINE CF "PARCEL 18.3 ' AS
DESC:RI3E:O IN THAT CRE.;. CF TAKING AS RECORDED IN :OFFICIAL RE
HOOK 3431 , PACE 99 ; Pk,,RLI:': RECORDS CF COLLIER, COUNTY, FLORIDA;
THENCE ALONG THE WEST LINE OF SAID -PARCEL '8 1' , SOUTH 02' 1 7'42"
EAST .5.50.C4 FEET TO THE NORTHWEST CORNER OF "PARCEL 181 " OF AN
ORDER OF TAKING AS RECORDED IN OFFICIAL RECORD BOCK .3111 , PACE
.500, PUBLIC RECCRDS CF COLLIER COUNTY, FLORIDA;
THENCE ALONG THE WEST LINE OF SAID "- AROEL '8 '. SOUTH 02.1 1'42"
EAST 5 4.09 FEET TO A POINT ON THE WEST LINE OF "PARCEL 80" OF AN
ORDER OF TAKING AS RECORDED IN OFFICIAL RECORDS BOOK 3111 , PAGE
`5;}0, -'L„HLIC RECGR`;S CF COLLIER COUNT' FL:'RIi)A;
THENCE ALONG SAL WEST LINE, 156.29 FEET ALONG THE ARC OF A
NON—TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A. RADIUS OF
2./69. /9 FEET THROUGH A CENTRAL ANGLE OF 0.5' ',5'S8" AN '. BEING
SUBTENDED BY A CHORD WHICH BEARS SOUTH OC'40'27" EAST '56.2E FEET
TO THE SCuTHWE;)T CORNER OF SAID "-PARCEL ' 80
THENCE ALONG THE SOUTH LINE OF AFOREMENTIONED TRACT 1 '8, SOUTH
89'30'02" WEST 735.97 FEET TO THE POINT CF BEGINNING.
CONTAINING ' 7.64 ACRES, MORE OR LESS.
28
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Exhibit"B"
Articles of Incorporation of the Association
[see attached]
29
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EXHIBIT"B"
ARTICLES OF INCORPORATION OF
WINCHE STER UMBRELLA
ASSOCIATION,INC.,
A NON-PROFIT CORPORATION
the undersigned,with other persons being desirous of forming a nonprofit corporation,under
the provisions of Chapter 617 of the Florida Statutes,hereby submits the following:
ARTICLE I—NAME
The name of the corporation is:
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Winchester Umbrella Association,Inc. A
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The address of the principal office of this corporation shall be 2600 Golden Gate Parkwti,3vaple� _
Florida 34105,and the mailing address of the corporation shall be the same. r-�,: 't
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ARTICLE II—NATURE OF BUSINESS
The corporation may engage in or transfer in any or all lawful activities or business permitted
under the laws of the United States, the State of Florida, or any other state country, territory or
nation. The purpose for which the Corporation is organized is to serve as property owner's
association for the commercial real estate project known as Winchester, and located in Naples,
Florida. The corporation shall have all the powers set forth in Section 617.0302 of the Florida
Statutes, as the same may be amended from time to time. The corporation shall also have the
authority to accept future phases of land into the corporation.
ARTICLE III—MANNER OF ELECTION OF OFFICERS AND DIRECTORS
The Board shall be elected or appointed pursuant to the terms set forth in the Declaration of
Covenants,Conditions and.Restrictions for Winchester and the Bylaws of the corporation.
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• i
ARTICLE IV-INCORPORATOR.
The name and address of the incorporator of these Articles is:
David Genson
2600 Golden Gate Parkway
Naples, Florida 34105
ARTICLE V—TERM OF EXISTENCE
This corporation.is to exist perpetually. If the corporation is dissolved,the Surface Water
Management System and any Common Areas that include the Surface Water Management System
shall be conveyed to a local government acceptable to the South Florida Water Management District.
If the local government declines to accept the conveyance, then the Surface Water Management
System and any Common Areas that include the Surface Water Management System shall be
conveyed to a similar non-profit corporation,
ARTICLE VI--REGISTERED AGENT
The initial registered agent of the corporation shall be David Genson and the street address of
the initial registered office of the corporation shall be 2600 Golden Gate Parkway,Naples, Florida
34105. The registered agent shall maintain copies of all further permitting actions for the benefit of
the association.
•
ARTICLE VII—OFFICERS AND DIRECTORS a no
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The names and street addresses of the initial Officers and Directors are:
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David Genson President/Director
2600 Golden Gate Parkway T A . iT
Naples, Florida 34105 r-
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Daniel J.IHughes Vice-President/Director orl,
1001 Bricketl Bay Drive
Suite#2733
Miami.Florida 33131
Austin Howell Secretary-Treasurer/Director
2600 Golden Gate Parkway
Naples, Florida 34105
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•
The undersigned,David Genson,hereby submits the foregoing Articles on this 5th day of
April.2022.
G •
David Genson
ACCEPTANCE OF REGISTERED AGENT DESIGNATED
IN ARTICLES OF INCORPORATION
WINCFIESTER SQUARE UMBRELLA ASSOCIATION,INC.
David Genson,having a business at 2600 Golden Gate Parkway,Naples Florida 34105,and
having been designated as the Registered Agent in the above and foregoing Articles frunilipr with
and accepts the obligations of Registered Agent under Chapter 617,Florida Statutes.
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David Genson (-•
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Exhibit"C"
Bylaws of Association
[See Attached]
30
1 A 2 7
EXHIBIT"C"
BYLAWS OF
WINCHESTER UMBRELLA ASSOCIATION,INC.
ARTICLE I
IDENTITY
A. These are the Bylaws ("Bylaws") of Winchester Umbrella Association, Inc., a Florida
not-for-profit corporation (the "Association"). The Association has been organized for the purpose of
administering the operation and management of the common properties and improvements of certain
commercial real property located in Collier County, Florida (the "Property"), in accordance with that
certain Declaration of Covenants, Conditions, and Restrictions, to be recorded in the Public Records of
Collier County, Florida, as may be subsequently amended, supplemented, or restated (the "Declaration"),
subjecting the Property to the terms thereof.
B. The provisions of these Bylaws are subject to the provisions of the Declaration and the
Articles of Incorporation of the Association (the "Articles"). The terms and provisions used in the
Articles and Declaration shall control wherever the same may conflict herewith or be supplemental hereto
and bear the same meaning herein as is given to them in such documents. Capitalized terms used herein
have the meaning given to items in the Declaration or Articles unless otherwise defined herein.
C. All Members of the Association and their invitees, including, but not limited to, all
present or future Owners and tenants of Lots or Parcels comprising the Property or any of the facilities
thereon in any manner, are subject to these Bylaws,the Articles, and the Declaration.
D. The office of the Association shall be at 2640 Golden Gate Blvd., Suite#105,Naples, FL
34105, or at such place as may be established by resolution of the Board of Directors.
E. The fiscal year of the Association shall be the calendar year.
F. The seal of the Association shall bear the name of the Association, the word "Florida,"
the words"Corporation Not for Profit,"and the year of incorporation.
ARTICLE II
MEMBERSHIP,VOTING QUORUM,PROXIES
A. The qualification of Members of the Association, the manner of their admission to
membership and termination of such membership, and voting by Members, shall be as set forth herein and
in the Articles and the Declaration, the provisions of which are incorporated herein by reference.
Specifically, the allocation, assignment, and methodology of votes shall be based upon fractional
ownership of the Property's acreage as set forth in Article IX of the Declaration. In addition to the
foregoing, 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 or Parcels 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 as set forth in the Declaration and any applicable exhibits
thereto. 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
16A 7
Class B membership shall terminate as of the date on which Turnover occurs, as that term is defined in
the Declaration. Notwithstanding the termination of the Class B membership as of the date of Turnover,
any rights which Declarant may possess as a Class A member shall continue and be unaffected by
Turnover.
B. A quorum at meetings of Members and of classes thereof shall consist of persons present
in person or by proxy entitled to cast fifty percent (50%) of the votes of each class of the entire
membership. The joinder of a Member in the action of a meeting by signing and concurring in the
minutes thereof shall constitute the presence of such a person for the purpose of determining a quorum.
C. Where ownership of a Lot or Parcel is by joint tenancy, tenancy of the entireties,tenancy
in common, corporate ownership, or any other form of joint ownership,the owners shall designate one(1)
person to exercise the vote of all Owners of such Lot or Parcel, and the vote of such designee shall be
binding on all Owners of the Lot or Parcel in all respects.
D. Evidence of the approval or disapproval of the Owner(s) of any Lot or Parcel upon any
matter, whether or not the subject of an Association meeting, shall be given to the Association by the
same person who would cast the vote of such Owner(s) as if in an Association meeting.
E. Except where otherwise required under the provisions of the Articles,these Bylaws or the
Declaration, or where the same may otherwise be required by law, the affirmative vote of a majority of
the voting interests of each class of the membership represented in person or by proxy at any meeting of
the Members duly called and at which a quorum is present, shall be binding upon the Members.
F. Votes may be cast in person or by proxy. Proxies may be made by any person entitled to
vote and shall be valid only for the particular meeting designated therein and must be filed with the
Secretary before the appointed time of the meeting.
G. Voting rights applicable to any Lot or Parcel shall be as set forth in the Articles and
Declaration.
ARTICLE III
ANNUAL AND SPECIAL MEETINGS OF MEMBERSHIP
A. The annual meeting of Members shall be held at the office of the Association or such
other place in Collier or Collier County, Florida as may be specified in the notice of the meeting,between
November Pt and December 31'of each year for the purpose of electing Directors and of transacting any
other business authorized to be transacted by the Members.
B. Special meetings of Members shall be held whenever called by the President or Vice
President or by a majority of the Board of Directors, and must be called by such officers upon receipt of a
written request from Members holding at least twenty percent(20%)of the total number of votes of either
class of Members.
C. Notice of all meetings of Members shall be given by the Secretary or, in the absence of
the Secretary, another officer of the Association,to each Member(unless waived in writing). Each notice
shall be written or printed and shall state the time and place of and purpose for which the meeting is
called. Each notice shall be given to each Member not less than thirty(30) days nor more than sixty(60)
days prior to the date set for the meeting, and shall be mailed by first class mail or delivered personally to
each Member. If delivered personally, receipt of the notice shall be signed by the Member, indicating the
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date received. If mailed, such notice shall be deemed properly given when deposited in the United States
mail addressed to the Member at his or her post office address as it appears on the records of the
Association, with postage thereon prepaid. Proof of mailing shall be given by the affidavit of the person
giving the notice. Any Member, may in writing signed by such Member, waive such notice, and such
waiver, when filed in the records of the Association, whether before, at, or after the holding of the
meeting, shall be deemed equivalent to the giving of such notice to such Member. If any meeting of
Members cannot be held because a quorum is not present or because a greater percentage of the
membership required to constitute a quorum for particular purposes is not present, wherever the latter
percentage of attendance may be required as set forth in the Articles, the Bylaws or the Declaration, the
Members who are present,either in person or by proxy, may adjourn the meeting from time to time until a
quorum or the required percentage of attendance if greater than a quorum is present. When a meeting is
adjourned to another date, time, or place and the date, time, and place to which the meeting is adjourned
is announced at the meeting at which the adjournment is taken, no further notice shall be necessary.
D. At meetings of Members, the Chairman of the Board, or in his or her absence, the
President, shall preside, or in the absence of both, the Members present shall select a chairman of the
meeting.
E. The order of business at annual meetings of Members, and, as far as practical, at other
meetings of Members, shall be:
(1) Calling of the roll and certifying of proxies.
(2) Proof of notice of meeting or waiver of notice.
(3) Reading or waiver of reading of minutes of previous meeting of Members.
(4) Reports of officers.
(5) Reports of committees.
(6) Appointment by Chairman of inspectors of election.
(7) Election of directors.
(8) Unfinished business.
(9) New business.
(10) Adjournment.
ARTICLE IV
BOARD OF DIRECTORS
A. The affairs of this Association shall be managed and governed by a Board of Directors
consisting of at least three (3) Directors and not more than five (5) Directors, who need not be Members
of the Association. The initial Board shall consist of three (3) Directors, all of whom shall be appointed
by the Declarant(defined below), who shall have the sole right to designate and appoint the Directors, or
remove any or all Directors, with or without cause, until: (i) twelve months after the Declarant has sold
and conveyed one hundred percent(100%) of the Parcels, or (ii) as such earlier time as Declarant may in
its sole discretion determine. The number of Directors may be changed by amendment of the Bylaws,but
shall always be odd. A Director's term will end at the annual election at which his/her successor is to be
duly elected, unless said Director sooner resigns or is recalled as set forth herein. On the date of each
annual meeting, the Members shall elect by written ballot as many Directors as there are regular terms of
Directors expiring. Nominations for election to the Board of Directors shall be made at the meeting held
to elect Board members. The person receiving the largest number of votes shall be elected, except that a
run-off shall be held to break a tie vote. Cumulative voting is not permitted. Notwithstanding the
foregoing, BCHD Partners I, LLC, a Florida limited liability company (the "Declarant") shall have the
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right to appoint and remove all of the Board of Directors until such time as Declarant is no longer a
Member of the Association.
B. The organizational meeting of a newly elected or designated Board shall be held within a
reasonable time after their election or designation, at such time and place as shall be fixed at the meeting
at which they were elected, and no further notice of the organizational meeting shall be necessary;
provided,that a quorum shall be present.
C. Regular meetings of the Board may be held at such time and place as shall be determined
from time to time by a majority of the Directors. Notice of regular meetings shall be given to each
Director, personally or by mail, telephone or telegram, at least seven (7) days prior to the day named for
such meeting, unless notice is waived. Members shall have the right to attend all meetings of the Board,
but no Member shall have the right to speak or otherwise participate in the meetings without the
permission of the Board.
D. Special meetings of the Board may be called by the President, and must be called by the
Secretary at the written request of one-third(1/3`d)of the Directors. Not less than three(3)days' notice of
a special meeting shall be given to each Director, personally or by mail, telephone or telegram, which
notice shall state the time, place and purpose of the meeting.
E. Adequate notice of all meetings of the Board shall be placed conspicuously on the
Common Property at least forty-eight (48) hours in advance except in an emergency. Notice of meetings
of the Board may be waived only in the event of emergency where circumstances exist which pose such a
danger to person or property that prompt action is required. In such event, such notice shall be given as is
practical under the circumstances. Any Director may waive notice of a meeting before, at or after the
meeting, and such waiver shall be deemed equivalent to the giving of notice.
F. A quorum at meetings of the Board shall consist of the Directors entitled to cast a
majority of the votes of the entire Board. The acts of the Board approved by a majority of the votes
present at a meeting at which a quorum is present shall constitute the acts of the Board of Directors,
except as may be specifically otherwise provided in the Articles, these Bylaws or the Declaration. If any
meeting of the Board cannot be held because a quorum is not present or because the greater percentage of
the Directors required to constitute a quorum for particular purposes is not present, wherever the latter
percentage of attendance may be required as set forth in the Articles, these Bylaws or the Declaration, the
Directors who are present may adjourn the meeting from time to time until a quorum, or the required
percentage of attendance if greater than a quorum, is present. At any adjourned meeting, any business
which might have been transacted at the meeting as originally called may be transacted without further
notice. No member of the Board may vote by proxy or secret ballot at a meeting of the Board, nor may a
Director abstain from voting except in cases of conflict of interest. The Board may take action in
meetings by telephone conference or by written agreement as permitted by law.
G. The presiding officer of meetings of the Board shall be the Chairman of the Board, if
such officer has been elected, or, if not, the President of the Association. In the absence of the presiding
officer,the Directors present shall designate one(1)of their number to preside.
H. All of the powers and duties of the Association shall be exercised by the Board, including
those existing under the laws of Florida,the Articles,these Bylaws and the Declaration.
I. The first Board of Directors of the Association shall be comprised of the persons named
as such in the Articles, who shall serve until their successors are designated by the Declarant or elected at
an annual meeting of the Members. Should any member of the first Board be unable to serve for any
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reason, Declarant shall have the right to select and designate a successor to act and serve for the
unexpired term of the Director who is unable to serve.
J. Directors who have been elected by Members other than Declarant may be removed from
office with or without cause in the following manner:
(1) Upon a written petition calling for the recall or removal of one (1) or more of the
members of the Board of Directors, the Owners of twenty percent (20%) of the voting interests of any
class may call a special meeting of the Members for that purpose.
(2) The first order of business at the meeting shall be the election of a person to
preside over the meeting. Assuming a quorum is present, the election shall be by vote of the majority of
the Members present at the meeting.
(3) If the petition calls for the recall or removal of more than one (1) member of the
Board of Directors, the questions of removal shall be divided as to each recalled member of the Board of
Directors upon the request of any one Member present at the meeting and eligible to vote.
(4) Any member of the Board of Directors who is the subject of the recall petition
shall be given a reasonable opportunity to speak at the meeting, prior to the vote on the question of
removal.
(5) The vote necessary for removal shall be a majority of the voting interest of each
class of Members, including those voting by proxy or absentee ballot.
(6) If any member or members of the Board of Directors is removed at the special
meeting, the vacancy(ies) shall be filled by the Members of the class entitled to elect such Director(s). If
all Directors are removed at the special meeting, an election shall be held at the special meeting to fill the
vacancies for the remainder of the term or terms of office. The Members may for such purpose recess or
adjourn the meeting for a period not to exceed thirty(30) days with a call to reconvene for the purpose of
the election at a specific date, time and place.
ARTICLE V
ADDITIONAL PROVISIONS-MEETINGS OF MEMBERS AND DIRECTORS
Notwithstanding anything contained in these Bylaws to the contrary, any meeting of members of
the Board may be held at any place, within or outside the State of Florida, designated in the notice of any
such meeting, or notice of which is properly waived.
ARTICLE VI
OFFICERS
A. The Board shall elect a President, Secretary, Treasurer, and as many Vice Presidents,
Assistant Secretaries and Assistant Treasurers as the Board shall deem advisable from time to time. The
President shall be elected from the membership of the Board, but no other officer need be a Director. The
same person may hold two (2) offices, the duties of which are not incompatible; provided, however, that
the office of President and Vice President shall not be held by the same person, nor shall the office of
President and Secretary or Assistant Secretary be held by the same person. The Board may from time to
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time elect such other officers and designate their powers and duties as the Board may deem necessary to
properly manage the affairs of the Association. Officers may be removed from office by the Board.
B. The President shall be the chief executive officer of the Association. He or she shall have
all of the powers and duties which are usually vested in the office of President of a corporation not for
profit, including, but not limited to, the power to appoint committees from among the Members from time
to time, the President may in his or her discretion determine appropriate, to assist in the conduct of the
affairs of the Association. The President shall have such additional powers as the Board may designate.
C. The Vice President shall, in the absence or disability of the President, exercise the powers
and perform the duties of President. He or she shall also generally assist the President and exercise such
other powers and perform such other duties as shall be prescribed by the Board.
D. The Secretary shall keep the minutes of all proceedings of the Board and the Members.
He or she shall attend to the giving and serving of all notices to the Members and Board, and such other
notices as may be required by law. The Secretary shall have custody of the seal of the Association and
affix the same to instruments requiring a seal when duly signed. He or she shall keep the records of the
Association, except those of the Treasurer, and shall perform all other duties incident to the office of
Secretary of a corporation not for profit and as may be required by the Board and the President. The
Assistant Secretary shall perform the duties of Secretary when the Secretary is absent.
E. The Treasurer shall have custody of all of the property of the Association, including
funds, securities and evidences of indebtedness. The Treasurer shall keep the assessment rolls and
accounts of the Members, shall keep the books of the Association in accordance with good accounting
practices,and shall perform all other duties incident to the office of Treasurer.
F. The compensation of all officers and employees of the Association shall be fixed by the
Board. This provision shall not preclude the Board from employing a Director as an employee of the
Association, nor preclude contracting with a Director for the management of the Association.
ARTICLE VII
FISCAL MANAGEMENT
The provisions for fiscal management of the Association set forth in the Declaration and Articles
shall be supplemented by the following provisions:
A. The assessment roll shall be maintained in a set of accounting books in which there shall
be an account for each separate Lot or Parcel. Such account shall designate the name and mailing address
of the Owner, the Adjusted Acreage assigned to the Owner, the amount of each assessment against the
Owner,the due date thereof, all amounts paid, and the balance due upon each assessment. In addition,the
Board shall prepare a current roster of the Lots and Parcels and Assessments applicable thereto which
shall be kept in the office of the Association and which shall be open for inspection by any Owner. The
Association shall, upon demand at any time, furnish to any Owner liable for any Assessment, a certificate
in writing signed by an officer of the Association setting forth whether any such Assessment has been
paid. Said certificate duly acknowledged by an officer of the Association shall be conclusive evidence of
payment of any Assessment therein stated to have been paid.
B. It shall be the duty of the Board at least sixty (60) days prior to the Association's annual
meeting, to prepare a budget covering the estimated costs of operating the Association during the coming
year, which may include a capital contribution or reserve in accordance with a capital budget separately
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prepared. The Board shall cause the budget and the Assessments to be levied against each Parcel for the
following year, and shall deliver a copy to each member at least thirty (30) days prior to the annual
meeting. Absent a Board approved budget, the previous year's budget shall become effective as the
budget for the current year without further ratification by the Board or the Membership. The budget shall
show the total estimated expenses of the Association for that year and shall contain an itemized
breakdown of the common expenses. The budget shall also show the proportionate share of the total
estimated expenses to be assessed against and collected from the Owner(s) of each separate Lot or Parcel
and the due date(s) and amounts of installments thereof. The annual budget of the Association shall
include sub-budgets for all Secondary Surface Water Management Systems for enabling the Association
to properly identify the Limited Common Expenses expected to be incurred by the Association and
operating, maintain, repair and replacing such Secondary Surface Water Management Systems and
allocating the costs and expenses thereof to the appropriate Owners pursuant to the terms of the
Declaration. The Annual Budget shall also identify all costs to the Primary Surface Water Management
System resulting from the integration of the Secondary Surface Water Management System, and shall
assess that costs to the Parcel(s) served by the Secondary Surface Water Management System. Delivery
of a copy of any budget or amended budget to a Member shall not affect the liability of any Member for
any such assessment, nor shall delivery of a copy of such budget or amended budget be considered as a
condition precedent to the effectiveness of the budget and assessments levied pursuant thereto. Nothing
herein contained shall be construed as a limitation upon the additional assessment in the event that any
budget originally adopted shall appear to be insufficient to pay costs and expenses of operation and
management, or in the event of emergencies.
C. A copy of the proposed annual budget of the Association shall be mailed to the Members
not less than thirty (30) days prior to the meeting of the Board at which the budget will be considered,
together with a notice of the time and place of the meeting. Such meeting of the Board shall be open to
such Members. If a budget is adopted by the Board which requires assessment of the Lots or Parcels in
any budget year exceeding one hundred and twenty-five percent (125%) of such assessments for the
preceding year, then upon written application of the Members that are responsible for at least twenty
percent (20%) of all assessments, a special meeting of the Members shall be held upon not less than ten
(10) days' written notice to each Member, but within thirty (30) days of the delivery of such application
of the Board or any member thereof, at which special meeting Members may consider only and enact
only a revision of the budget. Any such revision of the budget shall require a vote of not less than fifty-
one percent(51%)of the whole number of votes of all classes of Members of the Association.
The Board may in any event first propose a budget to the Members at any such meeting of
Members or by writing, and if such budget or proposed budget be approved by a majority of the whole
number of votes of all Members, such budget may not thereafter be reexamined by the Members in the
manner hereinabove set forth.
D. In determining whether assessments exceed one hundred and twenty-five percent(125%)
of similar assessments in the prior budget year, there shall be excluded from the computation reasonable
reserves made by the Board in respect of repair and replacement of Common Area, or in respect of
anticipated expenses by the Association which are not anticipated to be incurred on a regular or annual
basis, and there shall be excluded from such computation, assessments or betterments to the Common
Area. Provided, however, that so long as Declarant is in control of the Board,the Board shall not impose
an assessment for a budget year greater than one hundred and twenty-five percent (125%) of the prior
budget year's assessments without approval of a majority of the whole number of votes of all Members.
E. Upon adoption of budgets,the Board shall cause a written copy thereof to be delivered to
each Member. Assessments shall be made against Members pursuant to procedures established by the
Board, and in accordance with terms of the Declaration and the Articles. The assessment due dates shall
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be established by the Board (the "Assessment Period"); provided Members shall be liable to pay
assessments not less often than quarterly.
F. The depository of the Association shall be such bank or banks as shall be designated from
time to time by the Board in which all monies of the Association shall be deposited. Withdrawal of
monies from such bank(s)shall be only by checks signed by such persons as are designated by the Board.
G. An accounting of the accounts of the Association shall be made annually in the form as
required by Florida law, and a copy of the report shall be mailed or furnished by personal delivery to each
Member not later than April 1 of the year following the year for which the report is made. The report
shall show the amounts of receipts by accounts and receipt classifications and shall show the amounts of
expenses by accounts and expense classifications.
ARTICLE VIII
PARLIAMENTARY RULES
Roberts' Rules of Order (latest edition) shall govern the conduct of Association proceedings
when not in conflict with the Articles,these Bylaws or the laws of Florida.
ARTICLE IX
AMENDMENTS
Amendments to these Bylaws may be proposed and adopted in the following manner:
A. Amendments to these Bylaws may be proposed by the Board, acting upon vote of a
majority of the Directors, or by Members holding twenty percent (20%) of the total number of votes of
either class, whether meeting as Members or by instrument in writing signed by them.
B. Upon any amendment or amendments to these Bylaws being proposed by the Board or
Members, such proposed amendment or amendments shall be transmitted to the President of the
Association, or acting Chief Executive Officer in the absence of the President, who shall thereupon call a
special meeting of the Members for a date not sooner than twenty (20) days or later than sixty (60) days
from receipt by such officer of the proposed amendment or amendments, and it shall be the duty of the
Secretary to give each Member written or printed notice of such meeting in the same form and in the
same manner as notice of the call of a special meeting of the Members is required as herein set forth;
provided,that proposed amendments to the Bylaws may be considered and voted upon at annual meetings
of the Members.
C. The Declarant shall have the unrestricted right to amend these Bylaws until such time the
Class B membership ceases; however, no Amendment to these Bylaws that materially and adversely
effects the primary maintenance responsibilities of the Sports Complex Owner, the use rights of the
Sports Complex Owner, or the Sports Complex's percentage allocation of Votes and Assessments shall be
valid unless the then record owner of the Sports Complex joins in such amendment. Thereafter, these
Bylaws, or any provision of it, may only be amended, or modified as to the whole or any portion of the
Property, upon the written consent of Owners holding 67% or more of the total votes in the Association
however, no Amendment to these Bylaws that materially and adversely effects the primary maintenance
responsibilities of the Sports Complex Owner, the use rights of the Sports Complex Owner, or the Sports
Complex's percentage allocation of Votes and Assessments shall be valid unless the then record owner of
the Sports Complex joins in such amendment. Amendments made pursuant to this paragraph will inure to
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16Ae7
the benefit of and be binding upon their respective heirs, successors, and assigns. The certificate of the
Secretary of the Association documenting the votes shall constitute evidence of such vote. Any
amendments or modifications must have the approval of the South Florida Water Management District
and any other regulatory agency as may be required by the Permits. Thereupon, such amendment or
amendments to these Bylaws shall be transcribed, certified by the President and Secretary of the
Association, and a copy thereof shall be recorded in the Public Records of Collier County, Florida, within
thirty(30) days from the date on which any amendment or amendments have been affirmatively approved
by the Members.
D. At any meeting held to consider such amendment or amendments to these Bylaws, the
written vote of any Member shall be recognized if such Member is not present at such meeting in person
or by proxy,provided such written vote is delivered to the Secretary at or prior to such meeting.
ARTICLE X
RULES AND REGULATIONS
Rules and Regulations governing the use of the Lots or Parcels, Common Property and the
conduct of Owners, occupants and guests shall be adopted in the following manner:
A. The Board of Directors may establish such reasonable Rules and Regulations governing
the use of the System, the Conservation Areas and any other portions of the Common Areas. Copies of
such Rules and Regulations shall be provided by the Association to all Owners or to any prospective
purchaser, upon written request to the Association. Such Rules and Regulations shall by binding upon the
Owners, their families, tenants, guests, business and social invitees or licensees, and agents, until and
unless such Rule or Regulation shall be specifically overruled, canceled, amended, or modified by the
Association. The Board shall have the authority to impose reasonable monetary fines and other sanctions,
as Specific Assessments or otherwise, including the suspension of rights in the System or Common Areas,
in the event of any violation of the Rules and Regulations adopted hereunder. Monetary fines may be
collected by lien and foreclosure as hereinafter provided. All changes to the Rules and Regulations made
by the Board shall be mailed by first class mail to Members not less than thirty (30) days prior to the
effective date of the change. No modification, amendment, addition or detraction to the Rules and
Regulations may be adopted by the Board if it would conflict with a provision of the Declaration.
B. All violations of Rules and Regulations or of any provisions of the Declaration, Articles
and/or Bylaws shall be reported immediately to a member of the Board of Directors, an Association
officer and/or the management agent. Disagreements concerning violations, including, but not limited to,
disagreements regarding the proper interpretation and effect of Rules and Regulations or other provisions
of the Declaration shall be presented to and determined by the Board of Directors of the Association,
whose interpretation and/or whose remedial action shall be dispositive. In the event that any person, firm
or entity subject to the Rules and Regulations, or other provisions of the Declaration, fails to abide by
them, as they are interpreted by the Board of Directors,they shall be liable to be fined by the Association
for each such failure to comply or other violation. Such fine shall be collected by the Association and
shall be an asset of the Association. If the Board of Directors of the Association deems it necessary, it
may seek all available remedies and may bring action at law or in equity to enforce the Rules and
Regulations, or other provisions of the Declaration including the provision herein for fines. In the event
any such action is instituted, and reduced to judgment in favor of the Association,the Association shall in
addition be entitled to recover its costs and attorneys' fees(at the trial level and at all levels of appeal).
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16 A Z 1
Exhibit"D"
Allocation of Class A Voting Interests and
Percentage Share of Common Expenses
Tract A: 22.07%
Tract B: 27.30%
Tract C: 15.49%
Tract D: 11.33%
Tract E: 12.68%
Tract F: 11.13%
TOTAL: 100%
31
1 6 A 7
Exhibit"E"
[SFWMD Permit]
[see attached]
32
INSTR 6295854 OR 6163 PG 1193 E—RECORDED 8/12/2022 9:28 AM PAGES 3
CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA I 6 A 7
REC $27.00
EXHIBIT"E"
RECORDED NOTICE OF
ENVIRONMENTAL RESOURCE PERMIT
Document Prepared By:
South Florida Water Management District(SFWMD)
Return To:
Name Regulation Division
Agency Name , 2 South Florida Water Management District(SFWMD)
Street Address i;., " '},-'.:3301 Gun Club Road
City, State Zip ( ' /est Palm Beach, FL 33406
RE: Permit No: 11-107085-P
Grantee: BCHD 1;CPUD
Parcel ID: See att ched legal description
County: Collie .,-.,�
Notice `, „":r
The SFWMD (Agency) hereby gives riotrce thatf.Environmental Resource Permit No. 11-107085-P has
been issued to authorize the constructionyor modification of a stormwater management system, works
or other activities to serve the real-property`described on Exhibit"A" attached hereto and made a part
hereof("Premises"). This property is subject/to thekequirements and restrictions set forth in Chapter
373, Florida Statutes and Rule 62-330, Florida A mrtrative Code.
Within thirty (30) days of any transfer of interest or cr rol of that portion of the premises containing the
stormwater management system, works or other activitt s,(or any portion thereof), the permittee must
notify the Agency in writing of the property transfer,,Notification of the transfer does not by itself
constitute a permit transfer. Therefore, purchasers of:a1at3rtion of the premises containing the
stormwater management system, works or other activities'regulated by the Agency (or any portion
thereof) are notified that it is unlawful for any person to cons'{ruct/alter, operate, maintain, remove or
abandon any stormwater management system, dam, impoundment, reservoir, appurtenant work,
works, or other activities, including dredging or filling, (or any combination thereof), without first having
obtained an environmental resource permit from the Agency in the.purcfiiser's name.
Within thirty (30)days of the completion of construction of the stormwater.m agement system, works
or other activities regulated by the Agency, a signed and sealed constru on.completion certification
must be submitted to Agency pursuant to the requirements of Rule 62-33Q,c10 ;torida Administrative
Code.
This notice is applicable to property containing the regulated stormwater management system,works
or other activities. For purposes of this notice only, these facilities include lakes, canals, swales,
ditches, berms, retention or detention areas, water control structures, pumps, culverts, inlets, roads,
wetland mitigation areas, buffers, upland conservation areas, and docking facilities.
i��y
flmatF J (iiiii) .V $
b-
.=
Form 62-330.090(1)—Recorded Notice of Environmental Resource Permit
Page 1 of 2
Incorporated by reference in subsection 62-330.090(7),F.A.C.(June 1,2018)
oR 6163 PG 1194 1 6A Z 1
Conditions
The Permit is subject to the General Conditions set forth in Rule 62-330.350, Florida Administrative
Code. The Permit also contains additional Special Conditions. Accordingly, interested parties should
closely examine the entire Permit, all associated applications,and any subsequent modifications.
Conflict Between Notice and Permit
This Notice of Permit is not a complete summary of the Permit. Provisions in this Notice of Permit shall
not be used in interpreting the Permit provisions. In the event of conflict between this Notice of Permit
and the Permit,the Permit shall control.
f
This Notice is l ,0 cumbrance
This Notice is forinfoonal purposes only. It is not intended to be a lien,encumbrance,or cloud on
the title of the premises./-;
Release ,
r
This Notice may not be releaSy or removed from the public records without the prior written consent
of the Agency.
This Notice of Permit is executed on this`5tt''day of August,2022.
a
Nadine SerwichWeLlhi.d) -�`
Deputy District Clerk, For Agency 4
Agency Contact: Environmental Resource Bureau C =e:
STATE OF FLORIDA ( '. ' .,1
COUNTY OF Palm Beach a; '_;
•
The foregoing instrument was acknowledged before me this o, ,tt►4s 5th day of August,2022,
by Nadine Serwich, as Deputy District Clerk of the South Florida kA,t4Tter Management District. She is
personally known to me.
)
tot U-�-+-�c4(4.2 •
a
Notary Public Signature
Barbara Fields
[Notary Seal]
Printed,Typed or Stamped Name
BARBARA FIELDS
��1'' Notary Public-State o45121da Commission/Serial No: HH 45121
-iri ♦.- Commission M HH II
,,�+dc telly Commission ExD My Commission Expires: October 09,2024
"%,, «'"'" October 09, 2024
Form 62-330 090(1)-Recorded Notice of Environmental Resource Permit
Page 2 of 2
Incorporated by reference in subsection 62-330090(7).F A C(June 1,2018)
*** OR 6163 PG 1195 *** A 4 7
EXHIBIT A
LEGAL DESCRIPTION
PARCEL ID:3769836002;37698440003;37698480005;37698520004
;,
Part of Tract 116 and Tracts t .8,-fi20,Golden Gate Estates Unit No.22,
Plat Book 7.Pages 83 and t J.
Collier County,Florida.
(BCHD-1 PUD Plat) " `,
All that Part of Tracts 116 and Tta t 118 through 120,Golden Gate Estates Unit No.22,a subdivision according to the Plat thereof as
recorded in Plat book 7,Pages 83 and 84..Public Records of Collier County,Florida,being more particularly described as follows:
,.
BEGINNING at the Southwest corner or said Tract 119,
Thence along the West line of said Tract.1}�North 00°31'54"West 330.03 feet to the Southeast corner of aforementioned Traci 116;
Thence along the East line of said Tract 1'16,North 00°,20'47"West 150.61 feet;
Thence leaving said line,South 89°26'43"Weste86.09`feet;
Thence North 00°13'43"West 180.02 feet to a.,polnl dri4the}Norlh line of said Tract 116;
Thence along said North line,North 89°26'55"Eest ?85,Sf'N@et to the Southwest corner of aforementioned Tract 120;
Thence along the West line of said Tract 120,North Ki°31A1 West 329.32 feet to the Northwest corner of said Tract 120;
Thence along the North line of said Tract 120,North 8.°26r50" fast 708.79 feet to a point on the West line of"Parcel 183"as described
in that Order of Taking as recorded in Official Records oo {131 Page 993,Public Records of Collier County,Florida;
Thence along the West line of said`Parcel 183",South 0221't) ast 330.20 feel to the Northwest corner of"Parcel 181"of an Order
of Taking as recorded in Official Records Book 3111,Page 560,Public records of Collier County,Florida;
Thence along the West line of said"Parcel 181",South 02"'}5'22e��st)84.00 feel to a point on the West line of'Parcel 180"of an
Order of Taking as recorded in Official Records Book 3111,Pag?500,P O lic Records of Collier County,Florida:
Thence along said West line. 176.19 feet along the arc of a non-tang, ',al circular curve concave West having a radius of 2,769.79 feet
through a central angle of 03'38'41"and being subtended by a diet which,bears South 00°29'31"East 176.16 feet to the Southwest
corner of said`Parcel 180"; " > f'__�)
Thence along the South line of aforementioned Tract 118,South 89 2847`W $Y734.59 feet to the POINT OF BEGINNING.
Containing 17.64 acres,more or less.