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Backup Documents 03/14/2023 Item #16A1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 A I THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney(Mier at the time the item is placed on the agenda. All completed routing slips and original documents must he received in the('ounIy Attorney' Mice no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 0 or 9 I )7.3 4. BCC Office Board of County Commissioners 5. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Lucia S. Martin Phone Number x-2279 Contact/ Department Agenda Date Item was 03/14/23 Agenda Item Number 16.A.1 Approved by the BCC Type of Document Plat , RE STt2I CTt I E If oiQ D GCS Number of Original 1 t I Attached �F(K KCeote..0“4f.. a plc.') 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 03/14/23 and all changes made during �6 x the meeting have been incorporated in the attached document. The County ex ,Of Attorney's Office has reviewed the changes,if applicable. � 9. Initials of attorney verifying that the attached document is the version approved by the t., BCC, all changes directed by the BCC have been made, and the document is ready for the R� try*co I rs Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 6Al Return to:(enclose self-addressed stamped envelope) Angela Tompkins,Paralegal Greenspoon Marder LLP 200 East Broward Boulevard,Suite 1800 Fort Lauderdale,FL 33301 This Instrument Prepared by: Mark F.Grant,Esq. Greenspoon Marder LLP 200 East Broward Boulevard,Suite 1800 Fort Lauderdale,FL 33301 (954)527-2404 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA FOURTH AMENDMENT AND SUPPLEMENTAL DECLARATION TO THE DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR ESPLANADE BY THE ISLANDS This FOURTH AMENDMENT AND SUPPLEMENTAL DECLARATION TO THE DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND EASEMENTS FOR ESPLANADE BY THE ISLANDS("Fourth Amendment and Supplemental Declaration")is made as of the 21' day of February, 2023, by TAYLOR MORRISON OF FLORIDA, INC., a Florida corporation("Declarant"). WHEREAS, Declarant has executed and recorded that certain Declaration of Covenants, Conditions,Restrictions and Easements for Esplanade by the Islands in Official Records Book 5733, Page 2764,of the Public Records of Collier County,Florida,as amended and/or supplemented(the "Declaration"); and WHEREAS, the Declaration subjects the property described in Exhibit "A" thereto to the easements, restrictions, covenants and conditions of the Declaration; and WHEREAS, Section 10.1 of the Declaration provides that Declarant may,from time to time, add additional property to Esplanade by the Islands by recording a Supplemental Declaration describing the property being subjected; and WHEREAS, Section 18.1 of the Declaration provides that until termination of the Class"D" Control Period, Declarant may unilaterally amend the Declaration for any purpose which does not materially adversely affect title to any Lot, unless the Owner of such Lot consents to such amendment; and WHEREAS, as of the date of this Fourth Amendment and Supplemental Declaration, the Class "D" Control Period has not terminated; and WHEREAS, Declarant desires to subject the property described on Exhibit "A" attached hereto and made a part hereof("Additional Property") to the provisions of the Declaration; and l WHEREAS, this Fourth Amendment and Supplemental Declaration does not materially adversely affect title to any Lot; and WHEREAS, Declarant now desires to add the Additional Property to Esplanade by the Islands as herein specifically provided. NOW, THEREFORE, Declarant hereby makes this Fourth Amendment and Supplemental Declaration(which is intended to be and is a"Fourth Amendment and Supplemental Declaration as defined in the Declaration) and hereby declares that the Additional Property shall be deemed a portion of the "Property" under the Declaration and that the Additional Property shall be owned, held,used,transferred,sold,conveyed,demised and occupied subject to the covenants,restrictions, reservations, regulations, burdens and liens set forth in the Declaration as modified by this Fourth Amendment and Supplemental Declaration, as follows: 1. The recitations herein set forth are true and correct and are incorporated herein by reference. 2. The definitions provided in the Declaration are incorporated herein by reference. 3. Article I of the Declaration is hereby amended by adding the following additional paragraph to the end of Section 1.1, to read as follows: 1.1. Purpose and Intent. Declarant(as defined in Article II),as the owner of the real property described in Exhibit "A," intends, by recording of this Declaration of Covenants, Conditions, Restrictions and Easements for Esplanade By The Islands (the "Declaration"), to establish a general plan of development for Esplanade By The Islands, a planned residential community. This Declaration, together with the other Governing Documents described in Section 1.3, provides for the overall development, administration, maintenance,and preservation of Esplanade by the Islands. An integral part of the development plan is the creation of Esplanade by the Islands Community Association, Inc. (the "Association") to own, operate, and/or maintain various Common Areas and community improvements and to administer and enforce this Declaration and the other Governing Documents. This document does not and is not intended to create a condominium under Florida law. Notwithstanding anything to the contrary herein, it is the intention of all s arties affected hereby (and their respective heir personal representatives, successors and assigns) that these covenants and restrictions shall run with Esplanade by the Islands and with title to Esplanade by the Islands If any provision or application of this 6 Al Declaration would prevent this Declaration from running with Esplanade by the Islands as aforesaid,_ich provision and/or application shall be judicially modified,if at all possible,to come as close as possible to the intent of such provision or application and then be enforced in a manner which will allow these covenants and restrictions to so run with Esplanade by the Islands; but if such provision and/or application cannot be so modified, such provision and/or application shall be unenforceable and considered null and void in order that the paramount goal of the parties (that these covenants and restrictions run with Esplanade by the Islands as aforesaid) be achieved. (Words struck through are deleted;words bold and double-underline are added) 4. The Additional Property described on Exhibit"A"to this Supplemental Declaration is hereby designated a part of Esplanade by the Islands and shall be sold,transferred,used,conveyed, occupied and mortgaged or otherwise encumbered pursuant to the provisions of this Supplemental Declaration and the Declaration. 5. Designation and Maintenance of Common Area. Tract"R2" (R.O.W.); "028"and "032" (Open Space); all Access Easements (A.E.), Temporary Access Easements (T.A.E.), Irrigation Easement (I.E.) and Landscape Buffer Easements (L.B.E.) as shown on the Plat of Esplanade by the Islands—Phase 2 Replat, to be recorded in the Public Records of the County (as described on Exhibit "A" to this Supplemental Declaration), are hereby declared to be Common Area. Maintenance of the Common Area shall be by the Association,as provided in Article VII of the Declaration. All costs of maintenance pursuant to this Paragraph shall be assessed against all Lots in Esplanade by the Islands as an Operating Expense pursuant to the provisions of Articles VIII and IX of the Declaration and shall be subject to the lien of the Association pursuant to Section 8.3 of Article VIII of the Declaration. 6. Designation and Maintenance of CDD Property. Tracts"LEI-25,""LEI-26,""LEI- 28"and"LEI-29"(Lake),all Drainage Easements(D.E),Temporary Drainage Easements(T.D.E.), and Lake Maintenance Easements (L.M.E.), as shown on the Plat of Esplanade by the Islands — Phase 2 Replat to be recorded in the Public Records of the County (as described on Exhibit"A"to this Supplemental Declaration),are hereby declared to be CDD Property. Maintenance of the CDD Property shall be by the CDD, as provided in the Declaration. 7. Conflict. Except as otherwise specifically set forth in this Supplemental Declaration, in the event of any conflict between the provisions of this Supplemental Declaration and the provisions of the Declaration, the provisions of the Declaration shall control. 8. This Fourth Amendment and Supplemental Declaration shall become effective upon recording amongst the Public Records of Collier County, Florida. 9. Except as modified hereby, the Declaration shall remain in full force and effect in accordance with the terms thereof. 1 6 'A 1 IN WITNESS WHEREOF,Declarant has executed this Supplemental Declaration as of the day, month and year first above written. Witnesses: TAYLOR MORRISON OF FLORIDA, INC., a Florida corporation By: .. 1 Signature Printed Name: ,,�o) Title: Printed Namte Signature fri Pt-(,o, to Printed Name STATE OF FLORIDA ) ) ss: COUNTY OF LEE ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by means of [x] physical presence or [ ] online notarization by 8aYbGrq 14ninmonth , as Vtc,2 President of TAYLOR MORRISON OF FLORIDA,INC.,a Florida corporation,freely and voluntarily under authority duly vested in him/her by said corporation, who is personally known to me. WITNESS my hand and official seal in the County and State last aforesaid this 22 day of February, 2023. tqunas lQrt c� [SEAL] Signature of Notary Public Notary Public State of Florida Vateria La unas-Suva "'`'fill "' MyHH 185406iOr1 Exp.10/12/2025 EXHIBIT "A" Legal Description of Additional Property ALL PROPERTY SHOWN ON THAT CERTAIN PLAT OF ESPLANADE BY THE ISLANDS - PHASE 2 REPLAT, RECORDED IN PLAT BOOK , PAGES THROUGH , OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,LESS AND EXCEPT TRACTS"F2G1"AND"F2G2",AND LESS AND EXCEPT ANY PROPERTY DEDICATED TO THE PUBLIC ON THE PLAT.