Backup Documents 10/10/2017 Item #16A 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 A 2
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 he forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office 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 4 /,,I()
4. BCC Office Board of County �s
Commissioners Ac\
5. Minutes and Records Clerk of Court's Office 's p 13,5r"
D
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 mis g information.
Name of Primary Staff Jodi Hughes Phone Number x-5744
Contact/ Department
Agenda Date Item was 10/10/17 Agenda Item Number 16A2
Approved by the BCC
Type of Document Bond, Maintenance Agreement Number of Original 2
Attached — i'Vkuvdeba c leS )a= les 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)
I. Does the document require the chairman's original signature? 0\4_ -44+ �JA�
2. Does the document need to be sent to another agency for additional signature?;? 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. JH
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 JH
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 JH
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 10/10/17 and all changes made during
the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes, if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the ' 0)1
BCC, all changes directed by the BCC have been made, and the document is ready for t e
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
MEMORANDUM 1 6 a 2
Date: April 6, 2018
To: Jodi Hughes, Project Manager
Development Review
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Contruction amd Maintenance Agreement & Performance
Bond —Marquesa Isles of Naples
Attached is a copy of the aforementioned document as referenced above, (Item
#16A2) approved by Board of County Commissioners on Tuesday, October 10,
2017.
If you need anything further, please feel free to contact me at 252-8411.
Thank you.
Attachment
16A2
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this 3,-,A day of ,-,y-cN._ / / , 20 18 between County
Barn Investors,LLC hereinafter referred to as "Developer," and the 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: Marquesa isles of Naples
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, Drainage,Water&Sewer Improvements
within 9 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$1,752,433.10 -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 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 his designee shall, within sixty (60) days of receipt of the statement of
substantial completion, either: a) notify the Developer in writing of his preliminary approval of the
improvements; or b) notify the Developer in writing of his refusal to approve 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 his
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 his designee to
inspect the required improvements. The County Manager or his 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.
1 6 A 2
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 his designee to reduce the dollar amount of the
subdivision performance security on the basis of work complete, Each request for a reduction in the
dollar amount of the subdivision performance security shall be accompanied by a statement of
substantial completion by the Developer's engineer together with the project records necessary for
review by the County Manager or his designee. The County Manager or his 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 his 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 thisSrck day ofk-ko.v�r J / , 2018 .
SIGNED IN THE PRESENCE OF: (Name of ity) County B rn Investors, LLC
.J_ ' 'i'V It, By: 7/
Printed Name' SHERRY
S.DODDEMA
Printed Name/Title
James R. Schier, Manager
(President, VP, or CEO)
`/2 ' /,, �j (Provide Proper Evidence of Authority)
2( //zzi_de(_,(. ,,,,, / ,Printed Name
Priscilla G.Heim
ATTEST:
DWIG-T E. BROCK,CLERK BOARD • CO 'T OM i .40/117/-S
'111OF CO IER '7• NTY, FLO'
arLA_OrL
!1 Clerk @5'� iv L�oaiittidit� _
An Sol ♦i, t,
r-M,f‘
ZAnct
Approv d a-to fIQalAity:
Assistant County Attorney
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 1 6
Print on pink paper. Attack to original document. The 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. All completed routing slips and original documents must be received in the County Attorney Office 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
2.
3. County Attorney Office County Attorney Office 9 ('-(
4. BCC Office Board of County 'RSb
•
Commissioners VAS /.> 4\SV%
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 Jodi Hughes Phone Number x-5744
Contact/ Department
Agenda Date Item was 10/10/17 Agenda Item Number 16A2
Approved by the BCC
Type of Document Plat, Declaration of Covenant Conditions Number of Original 2
Attached and Restrictions 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? JH
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. JH
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 JH
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 JH
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 10/10/17 and all changes made o m
during the meeting have been incorporated in the attached document. The County a rr
Attorney's Office has reviewed the changes,if applicable. ��
9. Initials of attorney verifying that the attached document is the version approved by the ". a
BCC, all changes directed by the BCC have been made, and the document is ready for the SQ•S
Chairman's signature. 1�
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
1642
MEMORANDUM
Date: April 6, 2018
To: Jodi Hughes, Project Manager
Development Review
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Plat—Marquesa Isles of Naples
Attached is a copy of the aforementioned document as referenced above, (Item
#16A2) approved by Board of County Commissioners on Tuesday, October 10,
2017.
If you need anything further, please feel free to contact me at 252-8411.
Thank you.
Attachment
16AZ
Prepared By and Return To:
Vogler Ashton,PLLC
2411—A Manatee Ave.West
Bradenton,Florida 34205
DECLARATION
OF COVENANTS,CONDITIONS AND RESTRICTIONS FOR
MARQUESA ISLES OF NAPLES
This Declaration(the"Declaration") is made as of the day of , 2018,
by COUNTY BARN INVESTORS, LLC, a Florida limited liability company, (the "Declarant"
or"Developer"),whose mailing address is 5800 Lakewood Ranch Blvd, Sarasota,Florida 34240.
WITNESSETH:
WHEREAS,Declarant is the owner of and is developing that certain real property within
Collier County, Florida, described on Exhibit "A", attached hereto and made a part hereof(the "Initial
Property" or"Property"); and
WHEREAS, the Initial Property has or will be platted as an initial phase of"Marquesa
Isles of Naples," and Declarant desires to establish thereon a planned community of both residential and
commercial uses, which community shall be subject to the terms of this Declaration as hereinafter
provided; and,
WHEREAS, this Declaration does not and is not intended to create a condominium
within the meaning of The Florida Condominium Act, Florida Statutes Section 718.01, et seq., and none
of the Property falls within or under The Florida Condominium Act.
NOW,THEREFORE,Declarant declares that the above recitals are true and correct and
shall be incorporated herein; and the Property, and such additions thereto as may hereafter be made
pursuant to Article 2, is and shall be held, transferred, sold, conveyed, leased, occupied and used subject
to the covenants, reservations, restrictions, conditions, easements, limitations, terms, obligations, charges
and liens hereinafter set forth herein this Declaration, all of which shall run with the land and be binding
upon all owners and transferees acquiring any interest therein.
ARTICLE 1
DEFINITIONS
The following words and terms when used in this Declaration or any amendment or
supplement hereto shall,unless the context clearly otherwise indicates,have the following meanings:
1.01. "Architectural Review" means the requirements of this Declaration that certain
improvements or alterations to Lots or existing improvements be reviewed and approved, and where the
context indicates,the review and approval procedures of Article 9.
1.02. "ARC" means the Architectural Review Committee described in Article 9.
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1 6 A Z
1.03. "Articles" means the Articles of Incorporation of the Association. A copy of the
initial Articles of Incorporation of the Association is attached hereto as Exhibit G.
1.04. "Assessment" means any charge levied by the Association in accordance
herewith against a Lot and the Owner of such Lot. The term Assessment shall refer collectively to all
types of Assessments issued by the Board, including but not limited to the following types of
Assessments:
(a) "Regular Assessment" means the recurring periodic Assessment for each
Owner's share of the Common Expense.
(b) "Neighborhood Assessment" means any Assessment made for those expenses
that are incurred primarily for the benefit of all Owners within a Neighborhood(s), as
such primary benefit is determined by the Board of Directors. By way of example only,
Neighborhood Assessments shall be levied for expenses relating to unique Neighborhood
amenities such as enhanced Lot Maintenance Services. Neighborhood Assessment shall
be levied upon all Lots within the applicable Neighborhood at an equal rate, or,if elected
by the Board, on the nominal size of the lot frontage as provided for in paragraph 5.06
hereof. The various Lot Types shall each be deemed a separate Neighborhood, such as
by way of example, the Paired Villas shall be a separate Neighborhood, and shall have
additional Neighborhood Assessments associated with each Lot Type and Neighborhood.
(c) "Special Assessment" means any Assessment made under the authority of this
Declaration other than a Regular Assessment and a Neighborhood Assessment. Special
Assessments may include, but shall not necessarily be limited to, amounts reasonably
necessary to supplement Regular Assessments and Neighborhood Assessments, the cost
of bringing a particular Owner or Lot into compliance with this Declaration, the Articles,
By-Laws or rules and regulations, including any standards, specifications, guidelines, or
the like, made pursuant thereto, costs of acquiring, maintaining, operating, repairing or
replacing Common Property, or the cost of any service, material or combination thereof
obtained by the Association for the use and benefit of such Owner or his Lot as provided
herein.
1.05. "Association" means the Marquesa Isles Neighborhood Association, Inc., a
Florida corporation not-for-profit, its successors and/or assigns.
1.06. "Board" means the Board of Directors of the Association.
1.07. "By-Laws" means the By-Laws of the Association. A copy of the initial By-
Laws of the Association is attached hereto as Exhibit H.
1.08 Intentionally Deleted.
1.09. "Code" means the Collier County Land Development Code and/or the Collier
County Code of Ordinances, as it may have been amended, from time to time, and effective as of the date
this Declaration is recorded.
1.10. "Common Expenses" means the actual and estimated cost of the following:
(a) The maintenance, management, operation, repair and replacement of any
Common Property, and all other areas of the Subdivision maintained by or under the
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16A2
control of the Association,including those parts of the Lots,if any,that the Association is
to maintain under this Declaration.
(b) Valid contractual obligations of the Association in excess of revenues, whether
attributable to unpaid Assessments or otherwise.
(c) Maintenance by the Association of areas within public rights-of-way or drainage
easements or ditches adjoining or running through the Subdivision as may be provided in
this Declaration or as determined by the Board.
(d) Expenses of administration and management of the Association.
(e) The cost of any insurance obtained by the Association.
(f) Reasonable reserves,if not waived,as determined in accordance herewith.
(g) Taxes and other governmental assessments and charges paid or payable by the
Association,regardless of the current status to title of the Common Areas.
(h) Utility charges and deposits therefor incurred in the carrying out of Association
obligations hereunder, which may include electrical service charges to maintain and
operate streetlights within the Subdivision if such lighting is installed by Declarant or the
Association.
(i) The cost of any other item or items designated herein as a Common Expense or
reasonably or necessarily incurred by the Association or in furtherance of the purpose of
the Association or a discharge of any obligations expressly or impliedly imposed on the
Association by this Declaration or by law.
1.11. "Common Property" or "Common Areas" or "Common Elements" means
all real property or interests therein, including easements, licenses and servitudes, owned by or granted or
leased to the Association, or the use of which has been granted to the Association, together with all
improvements thereto. The terms Common Property or Common Areas or Common Elements may be
used interchangeably herein to mean and refer to the same things. Common Property also includes any
personal property acquired by the Association if designated Common Property, and any property within
the Subdivision which is not owned by the Association but is nevertheless to be maintained or
administered by it pursuant to an easement, license, this Declaration, or agreement with any person or
entity,which maintenance/administration affords benefits to the Members.
1.12. "County" means Collier County, Florida, a political subdivision of the State of
Florida. Where County action is contemplated hereby, that action may be taken by the agent, official or
other designee of the County as provided by the Code
1.13. "Declarant" and/or "Developer" means the entities listed as Delcarant in the
introductory paragraph, County Barn Investors, LLC, a Florida limited liability company, or its
successors or assigns.
1.14. "Declarant Member"means the Declarant and Developer, (collectively referred
to herein as the "Declarant" and/or"Declarant Member"), and any successor or assignee of the Declarant
having an interest in the Subdivision for the purpose of development and sale. Voting rights for
Declarant Members are set forth in Article 3.
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1 6 A a
1.15. "Declaration" means this document, together with all amendments,
supplements, and exhibits hereto. The rules & regulations of the Association and guidelines and
specifications of the ARC are incorporated into this Declaration.
1.16. "Governing Documents" means and refers to all documents governing the
affairs of the Association and Subdivision, including the Declaration, as amended, supplemented and
clarified, the Articles, the By-Laws and all Rules and Regulations of the Association, including the ARC
guidelines and the like.
1.17. "Lot" means a discrete lot or building parcel,whether improved or not,reflected
on a recorded subdivision plat of the Subdivision, but excluding any platted land that is Common
Property. Where one or more platted lots are combined or otherwise reconfigured pursuant hereto, the
term "Lot"means the reconfigured parcel.
1.17a. "Lot Types" means the varies types of Lots, as permitted by the Declarant,
which may be included within this Subdivision,including but not limited to,the following:
A. Single Family Attached—"Paired Villas"or"Villas"; and,
B. Any other Lot Type,including multifamily Townhomes and the like,that
Declarant,in its sole and absolute discretion,desires to market and sell as a Lot
in the Subdivision.
The Declarant exclusively reserves the right to add to, delete, alter, amend, modify, and
change, in the Declarant's sole absolute discretion, the various Lot Types associated with this
Subdivision.
1.18. "Lot Maintenance Services" means the various types of landscaping, lawn
maintenance, or other similar services that the Declarant and/or Association, in their sole discretion,may
elect to provide to Members' Lots for a monthly service charge/assessment.
1.19. "Member" means every person or entity qualified for membership in the
Association.
1.20. "Neighborhood" means and refers to a portion of the Property, if any, defined
herein or in a Supplemental Declaration as a unique geographic area for which Neighborhood
Assessments may be applicable. The various Lot Types shall each be deemed a separate Neighborhood,
such as by way of example, the Paired Villas shall be a separate Neighborhood and the Single Family
Detached Lots shall be a separate Neighborhood, and each shall have additional Neighborhood
Assessments associated with each Lot Type and Neighborhood.
1.21. "Owner" or "Lot Owner" or "Unit Owner" means the single or multiple
owner of record of the fee simple title to any Lot, excluding those having such interest merely as security
for the performance of an obligation.
1.22. "Plat" means the plat of (i) Marquesa Isles of Naples, as recorded in Official
Records Instrument Number , of the Public Records of Collier
County, Florida; and (ii) any additional plats recorded as part of the addition of other real property as
described in Article 2.
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1.23. "Property" or "Properties" or "Initial Property" means the lands subject to
this Declaration,including any additions thereto, and as set forth in Exhibit"A",attached hereto,as same
may be amended, supplemented,re-platted,reconfigured,increased or decreased as set forth herein.
1.24. "Public Records" means the Public Records of Collier County,Florida.
1.25. "Regular Member" means all Owners with the exception of the Declarant
Members. Voting rights for Regular Members are set forth in Article 3.
1.26. "Subdivision" means the Initial Property and any additions or reductions thereto
pursuant to Article 2. The terms "Subdivision,""Subdivision Improvements," "Project," "Marquesa Isles
of Naples Project," and "Property" as these terms may be used interchangeably herein, shall mean and
refer to each other and the same thing.
1.27. "Turnover Date" or"Turnover"means the earliest of the following dates:
(a) The effective date on which Declarant Member surrenders its right to Declarant
membership in writing; or
(b) Such earlier date as may be required by law then in effect at the time of
recordation of this Declaration.
1.28. "Unit"shall mean and refer to the residential structure constructed on a Lot.
ARTICLE 2
PROPERTY
2.01. Initial Property. The Initial Property is subject to this Declaration, and is
sometimes otherwise known as "Marquesa Isles of Naples". The Initial Property is set forth in Exhibit
"A",attached hereto and incorporated herein.
2.02. Additions. Additional lands may become subject to this Declaration as follows:
(a) Declarant shall have the right, without further consent of the Association or any
Owners, to bring within the plan and operation of this Declaration any property that is
contiguous or nearly contiguous to the Subdivision. Such additional property may be
subjected to this Declaration as one parcel or as several smaller parcels at different times.
Any additions under this Article shall be made by filing an Amended or Supplementary
Declaration with respect to the additional property, which shall extend the operation and
effect of this Declaration to such additional property. The Amended or Supplementary
Declaration may contain such complementary additions and/or modifications of the
covenants contained in this Declaration as may be determined by Declarant, in its sole
and absolute discretion, to reflect any unique characteristics of the additional property,
provided that such additions and/or modifications are not materially and substantially
inconsistent with this Declaration. Notwithstanding anything to the contrary herein,
Declarant and/or Developer reserve the right to make any modifications, changes, or
deletions to the Common Areas, including the landscaping and landscape buffers, open
spaces, and all other areas of the Initial Property and Property upon the addition of new
property to the Subdivision.
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(b) Upon approval in writing of the Association, pursuant to an affirmative vote of
the Owners of two-thirds (2/3rds) of all of the Lots then subject to the Declaration, the
Owner (other than Declarant) of other property contiguous or nearly contiguous to the
Subdivision who desires to add it to the plan of this Declaration and to subject it to the
jurisdiction of the Association, may record an Amended or Supplementary Declaration
with respect to the additional property,which shall extend the operation and effect of this
Declaration to such additional property.
(c) Nothing herein, however, shall obligate Declarant to add any property to the
Subdivision, or to develop any such future portions of the Subdivision under a common
scheme, development plan or the like, nor to prohibit Declarant from rezoning and
changing plans with respect to such future portions. The Association, and all Owners by
acceptance of a deed to or other transfer conveyance of their Lots, shall be deemed to
have automatically consented to any such rezoning, re-platting, change, addition or
deletion thereafter made by Declarant to the Property, including the Common Areas, and
shall evidence such consent in writing if requested to do so by Declarant at any time
(provided, however, that the refusal to give such written consent shall not obviate the
general and automatic effect of this consent provision). Declarant reserves the right to
change any of the Lot Types, sizes or configurations, the housing, building and dwelling
unit plans, styles, sizes and configurations, the landscaping, recreational amenities and
Common Property, and to change the general scheme of development, general
development plan, and the like, in any way Declarant deems reasonable, in Declarant's
sole and absolute discretion.
2.03. The Property. Each of the Lots shall be developed and used solely for
residential use in accordance with this Declaration. No business, commercial, religious, charitable or
other enterprise of any kind shall be maintained upon or in connection with the use of any Lot. No
residence or part thereof on any Lot shall be rented separately from the rental of the entire Lot. However,
the Declarant shall have the right to maintain facilities on the Lots owned or maintained by the Declarant
for sales and promotional purposes, and for maintenance purposes. The overall Marquesa Isles of Naples
Project is a development project as depicted on site plans and drawings currently available and provides
for a community of both residential uses on the Lots and possible commercial and other uses in areas
designated as commercial on site plans (if any). Commercial and other uses may also be permitted on
lands near or adjacent to the Property. Declarant specifically reserves the right to change, supplement,
amend, add to,delete and/or modify in any anyway the Marquesa Isles of Naples Project,the Subdivision
and the Property, all in Declarant's sole and absolute discretion in furtherance of the development of the
overall Marquesa Isles of Naples Project.
2.04 Entrance and Boulevard Landscaping; Access Gates. Entrance median(s)
and access gate(s), (if any), may be installed by Declarant within the various roadways within the
Subdivision. Declarant does hereby reserve to Declarant and hereby grants to the Association the right to
(i)plant trees, hedges, grass and landscape, (ii) construct, operate, maintain, repair and replace electronic
access gates, entry way features and signs, and (iii) construct an entryway and signs identifying the
property as "Marquesa Isles of Naples" or any specific Neighborhood, if any, therein, and to provide for
irrigation and illumination of same, within the median strip dividing the roadway at the entrance, in any
manner the Declarant, in its sole and absolute discretion, deems necessary and proper in order to identify
and beautify such area. The maintenance of the median improvements, including the access gates (if
any), perimeter walls and fences shall be part of the Common Expenses. Declarant and Developer, and
their successors, assigns, agents and invitees, hereby reserve and are granted an easement for ingress,
egress,access and use on, over,under,through and across all gates,entranceways,roadways and all other
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Common Property within the Subdivision, which access and use easement shall continue until such time
as Declarant and Developer no longer own or control any Lot within the Subdivision.
ARTICLE 3
MEMBERSHIP IN ASSOCIATION
3.01. Membership. The Owner of each Lot shall be a Member of the Association.
There shall be no other Members except that the Declarant shall be a Member as hereinafter provided.
Each Owner accepts membership and agrees to be bound by this Declaration, the Articles and By-Laws
and the rules and regulations, including any standards, specifications, guidelines, or the like, made
pursuant thereto. Membership is appurtenant to the ownership of a Lot and may not be transferred
separately from the transfer of ownership of the Lot. Membership terminates upon the termination of an
Owner's interest in a Lot.
3.02. Voting Rights. For the purposes of voting rights, the Association has two types
of memberships that are (a) Regular Member and (b) Declarant Member. Regular Members are all
Owners with the exception of the Declarant Members, if any. Regular Members are entitled to one vote
for each Lot in which such Members hold a required ownership interest. There shall be only one vote for
each Lot, which vote shall be exercised among the Owners as provided in the By-Laws. Declarant
Members are the Declarant and any successor or assignee of Declarant having an interest in the
Subdivision for the purpose of development and sale. The Declarant Members shall, regardless of the
number of Lots actually owned,if any,have a number of votes equal to three(3)times the total number of
votes then held by Regular Members, plus one additional vote. If there is more than one Declarant
Member, they shall divide and apportion their votes as they may agree. Declarant membership shall
terminate on the Turnover Date. After the Turnover Date,Declarant Members who then own Lot(s)shall
be Regular Members. Voting, notices and all other matters affecting the Association may be conducted
electronically,with electronic signatures and the like,all as permitted by law.
3.03. Control of Board During Development. Prior to the Turnover Date, Declarant
shall have the exclusive right to designate, appoint and remove members of the Board, and directors
designated by Declarant need not be Members. Election of directors shall otherwise be as provided in the
By-Laws. After the Turnover Date, the Declarant shall be entitled to elect at least one (1)member of the
Board as long as Declarant holds for sale in the ordinary course of business at least one(1)Lot within the
Subdivision, or such lower percentage of Lots as is required by law then in effect at the time of
recordation of this Declaration.
ARTICLE 4
COMMON PROPERTY/COMMON AREAS
4.01. Description of Common Property / Common Areas. The Common Property
(also referred to herein as the Common Areas or Common Elements) shall consist of the following,
provided however, Common Property shall not include any portion of the Subdivision that Declarant has
conveyed and/or dedicated to any other governmental authority:
(a) The Common Property owned by or granted or leased to the Association, or the
use of which has been granted to the Association, together with all improvements thereto,
as same may be described herein this Declaration and/or designated on the recorded Plat
of the Initial Property or on the Plat of any other Property added to this Subdivision. Such
Common Property for which the Association shall have the power, authority and
responsibility to operate and maintain, all as subject to this Declaration, shall include (i)
the private, neighborhood streets and roadways set forth on the Plat, including the areas
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identified as a private roadway easement or other private easements thereon, including
but not limited to, private drainage and utility easements and facilities, conservation or
preservation easements, tracts and facilities designated on the Plat or herein as under the
control of the Association; (ii) the entrance and other private roadway medians installed
within such private streets and roadways, including improvements therein and thereon,
such as landscaping,access gates,walls, fences, and appurtenances, signage and lighting,
(but not including any public water,public sewer,public reclaimed water,public roads or
similar facilities dedicated to the County and/or general public); (iii) any areas identified
as Common Areas under control of the Association as designated on the Plat, including
common landscaped areas, open space areas, recreational areas (which may include
recreational centers and pools), any linear parks, trails, walkways, and open space
amenity areas created by Declarant(if any); and(iv)the right to use the private Common
Areas and the private amenities constructed therein. Common Areas shall not include
tracts, improvements or facilities dedicated to the public, unless the Declarant has
otherwise specifically identified those areas as private "Common Areas" or areas to be
maintained by the Association. The Association shall adopt separate rules and
regulations, which may be amended from time to time, regulating all Owners' (and their
permitted guests) use of the Common Areas/Common Property, and all Owners shall be
required to strictly adhere to such rules and regulations, including requiring their
permitted guests to strictly adhere to such rules and regulations, or be subject to having
their use of and access to the Common Property restricted or prohibited by the
Association. The Association may implement additional and more restrictive rules and
regulations regarding the use and maintenance of the Common Property; and in
particular,the use of any recreational centers and pools.
(b) Individual mailboxes or clustered mailboxes in a mail station or center, attached
to free-standing posts or located within a common mail station, which serve two or more
Lots (the "Mailboxes"), if same are described as Common Areas by Declarant. The
Mailboxes shall be located at such places throughout the Subdivision as may be
designated by Declarant prior to the Turnover Date, and thereafter by the Board, which
location shall be as set forth on approved site plans for the Subdivision and is subject to
approval by the United States Postmaster General.
(c) Any and all signage, including, but not limited to, stop signs, warning signs, and
speed limit signs, located anywhere within the Common Property,but not any such signs
located on public streets and right of ways.
(d) Such additional Common Property as Declarant may elect to add and other
Common Property that may be acquired by the Association as hereinafter provided.
Declarant reserves the right to amend and alter the development plan and/or scheme of
development of the Common Property, in Declarant's sole and absolute discretion,
provided such amendment does not delete or convey to another party any Common
Property designated, submitted or committed to common usage if such deletion or
conveyance would materially and adversely change the nature, size and quality of the
Common Property. Notwithstanding anything to the contrary herein, Declarant reserves
the right to,and the Association, and all Owners by acceptance of a deed to any Lot, shall
automatically be deemed to have consented to this reservation by Declarant to change the
scheme of the development and general development plan of the Project, including but
not limited to, additions to, and deletions of the Common Property, reconfiguration of
Lots, change of uses, change of Lot types, and all other changes to the Subdivision and
Subdivision Improvements so implemented by Declarant pursuant hereto.
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4.02. Members Easement of Enjoyment. Every Member shall have a non-exclusive
easement for the use and enjoyment of the Common Property. Said easement is appurtenant to and passes
with the Member's Lot. Each Member's easement with respect to the Mailboxes (if same are designated
as Common Areas) is restricted to the Mailbox specifically assigned to the Lot owned by such Member.
The easement is subject to this Declaration and rules and regulations, including any standards,
specifications, guidelines, or the like promulgated by the Board. Notwithstanding anything to the
contrary herein, Declarant and Developer, and their successors, assigns, agents and invitees, hereby
reserve and are granted an easement for ingress, egress, access and use on, over, under, through and
across all gates, entranceways, roadways and all other Common Property within the Subdivision, which
access and use easement shall continue until such time as Declarant and Developer no longer own or
control any Lot within the Subdivision.
4.03. Delegation of Use. Any Owner may delegate his right of use of the Common
Property to the members of his family,tenants or social guests,subject to this Declaration.
4.04. Waiver of Use. No Owner may exempt himself from personal liability for
Assessments nor release the Lot owned by him from the liens and charges for such Assessments by
waiver of the use and enjoyment of the Common Property or non-use thereof, or the abandonment of his
Lot.
4.05. Extent of Member's Easement. The rights and easements of enjoyment created
herein are subject to the following:
(a) The right of the Board and its ARC to establish reasonable rules and regulations,
including any standards, specifications, guidelines, or the like, governing the use of the
Common Property.
(b) The right of the Association to dedicate or transfer all or any part of the Common
Property to any public agency, district or authority, for such purposes and subject to such
conditions as may be agreed to by Declarant or the Association. No such dedication or
transfer shall be effective unless approved by Members entitled to cast two-thirds(2/3rds)
of the votes of the membership after written notice of the proposed action is sent to every
Member not less than sixty(60)nor more than one hundred twenty(120)days in advance
of any action taken.
(c) The right of Declarant or the Association, by its Board, to dedicate or transfer
any public or private utility, drainage or utility easements that are Common Property or
are located on Common Property.
(d) The right of Declarant to reserve onto itself additional non-exclusive easements
in, on, under, through or over Common Property, and the right of Declarant to grant
additional non-exclusive easements in, on, under, through or over Common Property to
owners of property not part of the Subdivision for the purposes of access, ingress, egress,
utilities or drainage.
(e) The right of the Association through the Board, with the written consent of
Declarant prior to the Turnover Date, and without such consent thereafter, to grant such
drainage, utility and access easements in, on, under, through, or over the Common
Property, or any part thereof,to governments having jurisdiction,providers of utilities or
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Declarant, provided such easement, in the judgment of the Board, will not unreasonably
interfere with the use of the Common Property for its intended purpose.
(f) The right of the Association to suspend the rights of a Member, or a Member's
tenants, guests, or invitees, to use the Common Property for infractions of this
Declaration or any rules and regulations, including any standards, specifications,
guidelines, or the like, governing the use of the Common Property, including but not
limited to, for failure to pay Assessments and conduct unbecoming a "Family-Friendly"
neighborhood.
(g) The terms of this Declaration, as amended and supplemented, the Code and the
terms of all governmental approvals affecting the development of the Subdivision, and
the rights of the County.
(h) MEMBERS' USE OF THE COMMON PROPERTY IS SUBJECT TO THE
PROVISIONS OF THIS DECLARATION, WITH SPECIAL ATTENTION TO
ARTICLES 12.06, 12.08, 12.15, 12.16, 12.17 AND THE PROVISIONS SET FORTH
BELOW:
DECLARANT AND THE ASSOCIATION SHALL NOT BE OBLIGATED TO PROVIDE
SUPERVISORY PERSONNEL OR SECURITY FOR ANY PARK,LAKE,RECREATION AREA,
RECREATIONAL AMENITY, GATE, GATED ENTRANCE OR ACCESS POINT, WETLAND,
NATURE AREA OR ANY OTHER COMPONENT OF THE COMMON PROPERTY,
INCLUDING POOL, POOL HOUSE, GATHERING AREA, TOT LOT/PLAYGROUND,
BOARDWALK, OR OTHER AMENITIES. ALL PERSONS ARE HEREBY NOTIFIED THAT
FROM TIME TO TIME WILDLIFE, INCLUDING BUT NOT LIMITED TO, ALLIGATORS,
SNAKES, RODENTS, COYOTES, WILD HOGS, ANTS, BEES, WASPS, AND OTHER
STINGING INSECTS (HEREINAFTER COLLECTIVELY "WILDLIFE") MAY HABITAT OR
ENTER INTO THE PROPERTIES, LOTS AND DWELLING UNITS AND MAY POSE A
THREAT TO PERSONS, PETS AND PROPERTY, BUT THAT THE LISTED PARTIES (AS
DEFINED IN ARTICLE 12.16) ARE UNDER NO DUTY TO PROTECT AGAINST, AND DO
NOT IN ANY MANNER WARRANT OR INSURE AGAINST, ANY DEATH, INJURY OR
DAMAGE CAUSED BY SUCH WILDLIFE. WILD HOGS HAVE BEEN KNOWN TO DAMAGE
SOD AND LANDSCAPING HOWEVER THE LISTED PARTIES ARE UNDER NO DUTY TO
PROTECT AGAINST OR REPAIR ANY SUCH DAMAGE. ALTHOUGH THE SUBDIVISION
HAS GATED ACCESS POINTS AND PRIVATE STREETS,SECURITY IS NOT PROVIDED IN
THE SUBDIVISION, NOR IS THE SUBDIVISION MONITORED FOR SECURITY, AND
DECLARANT AND ASSOCIATION PROVIDE NO GUARANTY OR OTHER ASSURANCES
THAT OTHER MEMBERS OF THE PUBLIC WILL BE PROHIBITED AND/OR PREVENTED
FROM ENTERING THE SUBDIVISION. ANY OWNER OR INDIVIDUAL ENTERING THE
SUBDIVISION AND USING ANY PROPERTY, INCLUDING THE COMMON PROPERTY,
SHALL DO SO AT HIS/HER OWN RISK AND HEREBY FOR HIMSELF/HERSELF AND
HIS/HER FAMILY MEMBERS, TENANTS, INVITEES AND GUESTS, AGREES TO
INDEMNIFY AND HOLD THE LISTED PARTIES HARMLESS FROM AND AGAINST ANY
AND ALL CLAIMS OR LOSSES OF ANY KIND ARISING FROM SUCH USE OF AND
ENTERING INTO THE SUBDIVISION.
4.06. Association's Acceptance of Common Property. Acceptance of Common
Property. The Association shall operate, maintain and repair the Common Property at all times
regardless of whether fee simple ownership shall be with Developer or another party.
Notwithstanding anything to the contrary in the Declaration, Articles or By-Laws, the Association
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shall accept fee simple title to the Common Property (including Common Elements and Common
Areas) and shall assume all responsibilities associated with the Lot Maintenance Services, all in their
"As-Is,Where-Is"condition.
ARTICLE 5
ASSESSMENTS
5.01. Personal Obligation and Lien for Assessments. Each Owner of a Lot
covenants and agrees to pay to the Association all Assessments levied with respect to such Lot so owned
by an Owner, in accordance herewith. The covenant and agreement of an Owner shall begin upon
acquisition of such ownership interest in a Lot by any means whatsoever, whether or not it shall be so
expressed in any deed or other instrument. Each Assessment, together with Delinquency Charges as
provided herein shall be the personal obligation of the Owner of such Lot at the time when the
Assessment is due and shall remain the personal obligation of such Owner notwithstanding that such
Owner may no longer own the Lot. The personal obligation to pay all Assessments,including all past due
Assessments and Delinquency Charges, shall also pass to the successors in title of an Owner(and a first
mortgagee acquiring title by any means whatsoever shall be deemed a successor in title to the Owner),
and both shall be jointly and severally liable for all of the Assessments, including all past Due
Assessments and any Delinquency Charges. All Assessments, together with such Delinquency Charges,
shall also be a charge on the land and a continuing lien upon the Lot, which lien shall remain on the Lot
and shall run with the land and title thereto,and such continuing lien shall pass to the successors in title of
an Owner (which successors in title includes a first mortgagee who may acquire title by any means,
including deed in lieu of foreclosure and foreclosure). The Association may record in the Public Records
a "Notice of Lien" setting forth amounts claimed due the Association as to any one or more Lots. The
execution and recording of such notice is not required in order for the continuing lien for Assessments to
be valid. Any assessments paid by Declarant shall be as set forth in Article 5.16,below.
5.02. Purposes of Assessments. Assessments levied by the Association shall be used
only for the purposes set forth in this Declaration, the Articles and By-Laws. Amounts assessed for
Common Expenses shall be used for the general purpose of promoting the recreation, health, safety,
welfare, common benefit and enjoyment of the Owners and occupants of the Subdivision, as may be
authorized from time to time by the Board.
5.03. Regular Assessments. The amount and time of payment of Regular
Assessments shall be determined by the Board after giving due consideration to the current maintenance,
operational and other costs and the future needs of the Association. Regular Assessments may include
amounts established for reserves (if any, and if specifically established by the Board and not otherwise
waived). Not later than thirty (30) days prior to the beginning of each fiscal year, the Board shall
estimate the total Common Expenses to be incurred for such fiscal year and the amount of the Regular
Assessment to be paid by each Owner to defray such costs. Written notice of the annual Regular
Assessment shall be sent to every Owner subject to such Assessment. Each Owner shall thereafter pay
the Regular Assessment to the Association at such times and in such installments as may be established
by the Board. In addition, if the Association elects to provide Lot Maintenance Services, as provided for
in Article 14,herein,then the monthly service charges and other costs and expenses of the Association for
providing such Lot Maintenance Services shall be a Regular Assessment,unless the Board determines to
include such costs as a Neighborhood Assessment, which assessment shall commence upon the issuance
of a certificate of occupancy by the County for the Lot.
5.04. Neighborhood Assessments. Neighborhood Assessments shall be determined in
the same manner set forth in paragraph 5.03 hereof for Regular Assessments, provided that, any such
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Neighborhood Assessments shall apply only to the Lot Types or Units within the identified
Neighborhood. The various Lot Types shall each be deemed a separate Neighborhood,such as by way of
example, the Paired Villas shall be a separate Neighborhood and the Single Family Detached Lots shall
be a separate Neighborhood, and each Lot Type and Neighborhood shall have additional Neighborhood
Assessments associated with each Lot Type and Neighborhood. Lot Maintenance Services applicable to a
particular Lot Type or Neighborhood may be included in Neighborhood Assessments if not otherwise
included as a Regular Assessment.
5.05. Special Assessments. The Association may levy such Special Assessments as
are determined to be necessary or desirable in carrying out its responsibilities and duties under this
Declaration. The amount and purpose of all Special Assessments shall be established by the Board,
unless otherwise provided. All Special Assessments shall be due and payable at such times and in such
installments as may be determined by the Board. Without limiting the generality of the foregoing, the
Board may levy Special Assessments in the following circumstances:
(a) Supplementary Amounts. If the Board determines that Regular Assessments or
Neighborhood Assessments for the then current year are or will become inadequate to
meet Common Expenses for any reason, it shall determine the estimated amount of such
inadequacy and levy a Special Assessment against each Lot and Owner responsible for
such Assessment.
(b) Compliance. A Special Assessment shall be levied by the Board against a Lot
and its Owner to reimburse the Association for costs incurred in bringing the Owner of
such Lot and/or the Lot into compliance with this Declaration.
(c) Improvement. The Association may levy a Special Assessment for the purpose
of defraying, in whole or in part, the cost of any construction, improvement, acquisition,
repair or replacement of a described improvement to the Common Property,or additional
Common Property, or to any other property specifically maintained by the Association as
set forth hereunder this Declaration,including property maintained by the Association for
Lot Maintenance Service. After Turnover, Special Assessments for improvements must
be approved by at least sixty (60%) percent of the votes entitled to be cast by Regular
Members, or such higher percent of votes as may be specifically required elsewhere
herein this Declaration. Prior to Turnover Date, Special Assessments must be approved
by Declarant. Special Assessments for improvements may be used only for such
improvements.
(d) Services. If the Association provides materials or services which benefit
individual Lots but which can be accepted or not by the Owner, then the amount paid or
incurred by the Association on behalf of the Owner accepting or subscribing to such
material or service shall be a Special Assessment against such Owner and his Lot. The
Owner will be deemed to have agreed to such Assessment by subscribing to or requesting
and accepting such material or service.
(e) Fines. If the Association levies a fine against an Owner for a violation of the
Declaration, the Articles, By-Laws or rules and regulations, including any standards,
specifications, guidelines, or the like, promulgated pursuant thereto, in accordance with
Article 12.14, or elsewhere herein, then the amount of such fine shall be a Special
Assessment against such Owner and his Lot.
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5.06. Sharing of Common Expense. All Regular Assessments and Special
Assessments (other than those for compliance, services or fines) shall be levied in the proportion by
which the Lots share the Common Expenses/Expenses, which proportion determination shall be based, in
part, on the nominal size of the lot frontage, all as determined in a uniform and non-discriminatory
manner by the Board. The Board shall assign each Lot into a lot size class based, in part, upon the
nominal front frontage of the Lot; provided however, irregular shaped lots, such as lots on a cul-de-sac,
shall be assigned by the Board into a lot size class based upon factors other than lot frontage, which
factors may include chassis size of the home or square footage of the proposed home. Lot size class
assignments are subject to establishment and change by the Board. Special Assessments for compliance,
services, fines or similar categories may not be uniform in amount or levied in the same proportions as
Regular Assessments because of their nature, but shall be processed in a uniform and non-discriminatory
manner. Neighborhood Assessment shall be levied upon all Lots and Lot Types within the applicable
Neighborhood at an equal rate, or, if elected by the Board, on the nominal size of the lot frontage as
provided for herein.
5.07. Commencement of Assessments. Regular Assessments and Neighborhood
Assessments shall commence as to all Lots on the first day of the month following the conveyance of the
first Lot by Declarant to any Owner other than an affiliate of Declarant. Regular Assessments and
Neighborhood Assessments as to Lots brought under the Declaration pursuant to Section 2.02 shall
commence on the first day of the month following the conveyance of the first Lot therein by Declarant to
any Owner other than an affiliate of Declarant. Special Assessments as to any Lots shall commence on
the day established by the Board.
5.08. Certificate of Payment. The Association shall, upon request, furnish to any
Owner a certificate in writing signed by an officer or authorized agent of the Association setting forth
whether the Assessments on a specified Lot have been paid, and the date and amount, if known, of the
next Assessments or installments coming due, together with the amount of any delinquency. Such
certificate shall be conclusive evidence of payment of any Assessment therein stated to have been paid as
to third parties without notice of facts to the contrary.
5.09. Assessment Rate. The Regular Assessments and Neighborhood Assessments
shall be established by the Board as set forth above in Paragraphs 5.03 and 5.04. The Board shall adopt
and levy the Regular Assessments and Neighborhood Assessments based upon the factors set forth in
Paragraph 5.06, above, as well as the anticipated expense and number of Lots within the Subdivision,
taking into consideration those Lots that may be exempt,if any, as provided for herein this Declaration.
5.10. Reserves.
A. The Board may, in its discretion, establish reserve accounts funded from Regular
Assessments or Neighborhood Assessments in reasonable amounts for such purposes and in such
categories as are determined by the Board. Initial Assessments shall not fund reserve accounts. The
Developer has waived and does hereby waive all reserve accounts prior to the Turnover Date, after
which time the Board may vote to establish reserves. Notwithstanding anything to the contrary
herein, at no time shall Developer be obligated to pay reserves. Notice is hereby given: THE
BUDGET OF THE ASSOCIATION DOES NOT PROVIDE FOR RESERVE ACCOUNTS FOR
CAPITAL EXPENDITURES AND DEFERRED MAINTENANCE THAT MAY RESULT IN
SPECIAL ASSESSMENTS.
B. Subject to the limitations and qualifications set forth above in Subsection A., and
below in Subsection C., reserve amounts may be used by the Board on a temporary basis for cash flow
management of the Association, even though such amounts are expended for purposes other than those
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for which the reserve was established. The amount of such reserve shall be restored from revenues
subsequently received, it being the intent that the Board may borrow from reserve accounts but same shall
not diminish the obligation to levy and collect Assessments and charge fees and other revenues that will,
upon collection, permit the restoration of all reserve accounts. Any decision of the Board with respect to
reserves, including but not necessarily limited to, the establishment, non-establishment, continuation,
discontinuation, level of funding or designation of purpose as to any particular reserve category, shall be
subject to being modified or rescinded at any regular or special meeting of the Association called for such
purpose, (i) by a majority vote of the Board prior to Turnover, and (ii) after Turnover, by the vote of
Owners of 60% or more of the Lots in the Subdivision. Use of any reserve for other than its designated
purpose, other than as above provided, may be authorized only by a vote of Owners of 60% or more of
the Lots in the Subdivision.
C. Notwithstanding anything to the contrary herein this Declaration and this Article
5.10 to the contrary, reserve accounts, if established, shall first be utilized for Subdivision property
preservation purposes, such as making necessary repairs and maintenance related improvements to
Common Property, reconstruction and replacement of Common Property, capital improvements to
Common Property, expenses associated with the Lot Maintenance Services, and the like, (hereinafter the
"Property Preservation Purposes"); and no reserve accounts shall be utilized in any manner whatsoever,
including borrowing therefrom, for non Property Preservation Purposes, such as but not limited to,
administrative fees, costs, expenses and salaries of the Association; accounting services and fees; legal
services, costs and attorney's fees; director's fees, and the like, (hereinafter the "Administrative Costs"),
unless and until the Association obtains an unconditional and unqualified opinion letter from the
Association's attorney and a civil or structural engineer, (the "Unconditional Opinion Letters"), stating
that the reserve account funds are not necessary to fund any Property Preservation Purposes.
Notwithstanding anything to the contrary, reserve account funds established for the Paired Villas' Lot
Maintenance Services shall only be utilized for those Lot Maintenance Services and not for any
Administrative Costs;this provision may not be amended unless (i)the Unconditional Opinion Letters are
obtained,and(ii)all Lot Owners of the Paired Villas' Lot Type consent in writing.
5.11. No Offsets. All Assessments shall be payable in the amount specified and no
offsets shall be permitted for any reason, including without limitation, a claim that the Association is not
properly exercising its authorities and carrying out its responsibilities as provided in this Declaration.
5.12. Rights of Mortgagees. The lien of all Assessments provided for herein which
accrue and become due and payable with respect to any Lot after a mortgage is recorded with respect
thereto,but prior to the transfer or conveyance of title as a result of a foreclosure or a conveyance in lieu
of such foreclosure, shall be subordinate to the lien of such mortgage. An Owner acquiring title to a Lot
as a result of foreclosure or conveyance in lieu thereof, including a mortgagee, shall be jointly and
severally liable with the previous Owner for all unpaid Assessments and any Delinquency Charges that
came due up to the time of transfer of title; and the Association shall deem such unpaid Assessments and
Delinquency Charges due and payable from the Owner acquiring title through such foreclosure or
conveyance in lieu thereof. All Assessments, together with such Delinquency Charges, shall also be a
charge on the land and a continuing lien upon the Lot, running with the land, with respect to which such
Assessment is levied and such continuing lien shall remain on the Lot and pass to the successors in title of
an Owner(which successors in title includes a first mortgagee or any mortgagee who may acquire title by
any means, including deed in lieu of foreclosure and foreclosure). Nothing contained herein shall relieve
an Owner from responsibility for Assessments for the period of time such Owner owned such Lot.
Assessments against a Lot accruing prior to the recordation of a mortgage or after the acquisition of title
as a result of foreclosure or conveyance in lieu of foreclosure shall be a lien against such Lot in the
manner generally provided for herein. The Association shall make available for inspection upon request,
during normal business hours and under reasonable circumstances, this Declaration, the Articles, By-
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Laws and the books, records and financial statements of the Association to Owners and the holders,
insurers or guarantors of any first mortgages encumbering any portion of the Subdivision. Upon written
request to the Association, identifying the name and address of the holder, insurer or guarantor, such
holder, insurer or guarantor (the "Listed Mortgagee") of a mortgage encumbering a Lot and the legal
description of such Lot,the Association shall provide such Listed Mortgagee with timely written notice of
the following:
(a) Any condemnation, loss or casualty loss that affects any material portion of the
Common Property;
(b) Any lapse, cancellation or material modification of any insurance policy or
fidelity bond maintained by the Association;
(c) Any proposed action which would require the consent of mortgagees holding a
mortgage encumbering a Lot;and
(d) Any failure by an Owner owning a Lot encumbered by a mortgage held, insured
or guaranteed by such Listed Mortgagee to perform his obligations under this
Declaration, including but not limited to, any delinquency in the payments of
Assessments, or any other charge owed to the Association by said Owner where such
failure or delinquency has continued for a period of sixty(60)days.
Any Listed Mortgagee shall, upon written request made to the Association, be entitled to
financial statements for the Association for the prior fiscal year free of charge and the same shall be
furnished within a reasonable time following such request.
5.13. Budget. The Board shall prepare annual budgets for Common Expenses
associated with the Lots, and make copies thereof available to all Members requesting same. Copies shall
be made available not less than thirty (30) days prior to the first day of the fiscal year to which such
budget is applicable. After Turnover, any budget that provides for a Special Assessment for
improvements or makes a provision for reserves inconsistent with a prior vote of the Members shall be
submitted to the Members for vote as required herein. Failure of the Board to prepare, submit or adopt a
budget in a timely manner shall not affect the validity of the budget once adopted, nor any Assessment
adopted by the Board.
5.14. Delinquency Charges. All Assessments and other amounts due the Association
pursuant to this Declaration shall bear interest at the highest rate permitted by law then in effect, or such
lower rate as the Board may from time to time determine. If any such Assessment is not paid when due,
then a late charge shall be levied. The initial late charge shall be Thirty Five and No/100 Dollars
($35.00). The Board may from time to time increase the amount of the late charge authorized hereby,
taking into consideration the declining purchasing power of the United States dollar, the costs reasonably
expected to be incurred by the Association as a result of following up such delinquency, and the
effectiveness of such late charge in assuring prompt and timely payment of Assessments. The liens in
favor of the Association shall secure the amount of the Assessment, all interest accruing thereon, late
charges and all costs incident to the collection thereof including a reasonable attorney's fee, and court
costs, whether enforced by suit or otherwise; and, if by suit, whether at trial or any appellate level, and
including fees for paralegals. The Association shall be entitled to recover such interest,late charges,costs
and fees from any Owner personally liable for the Assessment as to which they apply. Such late charges,
interest,costs and fees described herein shall be collectively referred to as "Delinquency Charges."
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5.15. Remedies of Association Upon Non-Payment. If any Assessment or
installment thereof is not paid by the due date specified by the Board, then such Assessment (including
the full amount of any such Assessment accelerated by the Board in accordance with the By-Laws) shall
be delinquent and shall, together with Delinquency Charges with respect thereto, be a continuing lien on
the Lot against which such Assessment was levied, running with the land and the title thereto, and also a
personal obligation of the Owner binding the Owner thereof, his heirs, personal representatives, tenants,
successors and assigns. Prior to bringing an action for foreclosure of a lien,the Association shall record a
"Notice of Lien" among the Public Records unless in the opinion of the Board, recording such notice is
contrary to or prohibited by any then existing court order, statute or rule. A copy of such notice,whether
recorded or not, shall be sent to the then Owner by United States mail, either certified or registered,return
receipt requested at the Owner's address on the Association's records. Failure of the Association to obtain
a receipt shall not prevent enforcement of a lien. If such Assessments, together with Delinquency
Charges with respect thereto, are not paid in full within thirty (30) days after the date such notice is
deposited in the United States mail, then thereafter the Association may institute suit to foreclose its lien.
The recorded notice and lien shall secure not only the Assessments and Delinquency Charges reflected
therein,but all unpaid Assessments and Delinquency Charges with respect to all such amounts which may
accrue subsequent to the recordation of such notice and prior to the entry of a final judgment of
foreclosure. The Association may at any time bring an action at law with respect to any Assessments and
Delinquency Charges then due and payable but which have not been paid. Upon the timely payment or
other satisfaction of all amounts specified in a Notice of Lien and all other Assessments and amounts
which have become due and payable with respect to such Lot as to which such notice was recorded,
together with Delinquency Charges as may be applicable, the Association shall furnish a release of such
notice in recordable form, but shall not be responsible for the cost of recording. In addition to the
foregoing remedies, the Association may also suspend the voting rights and suspend the use of any
Common Areas of any Member for the nonpayment of Assessments that are delinquent in excess of
ninety(90)days.
5.16. Declarant Assessment.
(a) Notwithstanding any provision of this Declaration,the Articles or By-Laws to the
contrary, commencing with the execution of this Declaration and at all times prior to the
Turnover Date,Declarant shall not be obligated for nor subject to any Assessment of any
kind whatsoever, whether it be a Regular Assessment,Neighborhood Assessment, Initial
Assessment, Lot Type Assessment or Special Assessment, for any Lot that it may own
and/or control, nor shall Declarant be responsible for the payment of any reserves,which
the Declarant has expressly waived.
(b) In consideration of such exemption,Declarant shall be responsible for paying any
cash shortages that result from the Association's regular Common Expenses (which
Common Expenses shall never include expenses related to reserves and other matters for
which Special Assessments are imposed) exceeding the amount received or receivable
from Lot Owners other than Declarant in the payment of their Initial, Regular,
Neighborhood and Special Assessments levied against such Lot Owners or their Lots,
(the "Deficiency"). Notwithstanding the foregoing, the Association shall employ a fiscal
management program designed to minimize the amount of any such Deficiency,
including, without limitation, the deferral of expenses and elimination and/or waiver of
reserves. In addition,the Declarant may loan to the Association such amounts as may be
required by the Association to pay the Common Expenses not produced by all the
Assessments actually received by the Association and the amount of the Deficiency paid
by the Declarant. Such loans are intended to assist the Association in managing cash and
provide short term borrowing to offset uncollected Assessments. The amount so loaned
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by the Declarant, together with interest at the rate then charged on delinquent
Assessments, shall be repaid to the Declarant as funds are available to the Association,
but in no event later than the Turnover Date.
(c) Declarant may at any time give written notice to the Association that it is
withdrawing its obligation to fund the Deficiency, effective not sooner than sixty (60)
days after such notice, whereupon Declarant shall waive its right to total exemption from
Regular, Neighborhood and Special Assessments. Sixty (60) days after the giving of
such notice or sixty (60) days after the Turnover Date, whichever first occurs, each Lot
owned and/or controlled by Declarant shall thereafter be assessed at 100% of the Regular
and Neighborhood Assessment level established for Lots owned by Regular Members;
provided, however, Declarant shall continue to not be responsible for any reserves or for
any Special Assessments for compliance, services, fines or improvements not consented
to in writing by Declarant. All such Assessments shall be prorated for the remaining
months of the then current fiscal year,if applicable.
5.17. Initial Assessments. There shall be a one-time assessment (the "Initial
Assessment") payable to the Association by each Owner who purchases a Lot from Declarant. The
Declarant is not required to pay an Initial Assessment. The Initial Assessment shall be equal to the then-
current annual Regular and Neighborhood Assessment established for the Lot; and further provided, the
Board may revise the Initial Assessment amount, at any time,to an amount not to exceed the then-current
annual Regular and Neighborhood Assessment established for the Lot. The Initial Assessment shall be
established as of and paid at the time legal title to a Lot is conveyed by Declarant to such Owner. Initial
Assessments shall be expended solely for regular Common Expenses and not for reserves (if any). Initial
Assessments are not advance payments of Assessments and shall not affect the liability of an Owner of a
Lot for Assessments.
ARTICLE 6
DUTIES AND POWERS OF ASSOCIATION
6.01. General Duties and Powers. In addition to the duties and powers enumerated
herein and under the Articles and By-Laws, and without limiting the generality thereof, the Association
shall:
(a) enforce this Declaration, the Articles, By-Laws and rules and regulations,
including any standards, specifications, guidelines, or the like, adopted pursuant thereto
by appropriate means and carry out the duties and authority of the Association hereunder,
including the establishment of rules,regulations,standards and specifications to do same;
(b) own, convey, maintain, regulate and otherwise manage and operate the Common
Property;
(c) pay any real and personal property taxes and other charges assessed against the
Common Property unless same are separately assessed to the Owners;
(d) obtain all required utility and other services associated with the carrying out of
the Association's responsibilities hereunder;
(e) contract for and maintain such policy or policies of insurance as may be required
hereunder or as the Board deems necessary or desirable to further the purposes of and
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protect the interests of the Association and its Members; provided further that such
policies of insurance shall cover all Common Areas, regardless of the current status of
title to the Common Areas, and shall name Declarant, or its successors and assigns, as an
additional named insured on such policies of insurance for so long as Declarant, or its
successors and assigns,retains ownership or use of any portions of the Common Areas;
(f) have the power of entry upon any Lot reasonably necessary in connection with
the carrying out of Association responsibilities hereunder;
(g) have the power to acquire, accept, maintain, repair, improve and replace
Common Property;
(h) have the power to negotiate and contract for such materials and services for the
benefit of Owners who subscribe to or elect to accept such materials or services, with
payment for same to be separately billed to the Owners or advanced by the Association
and repaid to the Association by Special Assessment for services;
(i) have the power and duty to maintain architectural control with respect to the
Subdivision in accordance herewith;
(j) sue and be sued,as further set forth in Article 12,below;
(k) assess Members,establish fines,and enforce assessments and fines;
(1) contract for other services and materials necessary to operate and maintain the
Common Property, Common Element, and any other contract necessary to perform the
Association's duties hereunder.
6.02. Implied Powers of the Association. The Association shall have all the power
and authority reasonably necessary for it to carry out each and every of its duties set forth in this
Declaration, the Articles, the By-Laws, or rules and regulations, including any standards, specifications,
guidelines, or the like,made pursuant thereto,including any right or power reasonably to be inferred from
the existence of any other right,power,duty or obligation given to it or reasonably necessary to effectuate
its duties hereunder. The Association is hereby granted easements in, on, over,under, through and across
all Lots (but not within any Dwelling Unit thereon), and all other property within the Subdivision,
including all Common Property, as reasonably necessary, for the purpose of access, ingress/egress and to
carry out the rights, duties and obligations of the Association as set forth in this Declaration, the Articles
or By-Laws.
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ARTICLE 7
REPAIR AND MAINTENANCE
7.01. By the Association. Except as otherwise expressly provided, the Association
shall be responsible for the maintenance, repair and replacement of the Common Property under its
ownership, control or maintenance responsibility. Additionally, the Association may be responsible for
any Lot Maintenance Services provided by the Association as set forth herein Article 14, below. The
expense of the foregoing and the maintenance, repair, and replacement of the Common Property in
general will be a Common Expense; provided, however, that if an item of maintenance, repair or
replacement is a result of any intentional or negligent act of an Owner, his family, agents, contractors,
tenants, guests, invitees or licensees, then the cost of such maintenance, repair or replacement, to the
extent so caused, shall be the sole responsibility of the Lot Owner, and even though the cost thereof may
be advanced as a Common Expense, same shall be billed to the Lot Owner and his Lot for reimbursement
as a Special Assessment hereunder.
Regarding nuisance and exotic plant species within the Common Property, the
Association hereby adopts the following Maintenance Plan:
All upland areas including recreation, open space, conservation, wetland buffer and tree
preserves areas are to be monitored annually to assure that no nuisance and exotic species
is established. If any such species is found in the monitored areas, the vegetation will be
removed by hand and stumps poisoned using appropriately labeled herbicides as needed.
The hand removal of the nuisance and exotic species is to be done with care to not
adversely impact surrounding vegetation.
7.02. By Owners of Lots. Except as provided for elsewhere herein this Declaration,
each Lot Owner shall be responsible for the maintenance, repair and replacement of his Lot and all
improvements thereon and thereto,including any sidewalks thereon or adjacent thereto. If required by the
Association, the Lot Owner shall be required to have the sidewalk within and/or adjacent to his Lot
pressure washed or otherwise maintained at his cost and expense. Each Lot Owner shall maintain all
improvements and landscaping on his Lot in good condition and repair and in an attractive condition in
keeping with the high standards of maintenance throughout the Subdivision. The Association may
establish various rules, regulations, standards and specifications, from time to time, regarding
maintenance of Lots by Lot Owners,and all Lot Owners shall comply with same.
In addition, each Lot Owner shall routinely maintain any sodded or landscaped areas
adjacent to his Lot from the platted Lot lines up to the curb(s) or edge(s) of right-of-way pavement,
conservation/preservation areas, lakes/ponds, and/or exterior Subdivision boundaries, including
sidewalks, (the "Adjacent Areas"), excluding fences, walls, signs, or other structures designated as a
"Common Area" to the Subdivision installed by Declarant or the Association, which shall be the
responsibility of the Association to maintain. The maintenance of such Adjacent Areas by each Owner
shall at all times be subject to the rights and duties of Declarant and the Association to regulate, manage,
modify, improve and control said Adjacent Areas as set forth in this Declaration, including the right to
take over the foregoing maintenance responsibilities and discontinue Owner maintenance at any time. In
no event shall Declarant or the Association be responsible, in any manner or form, for the natural growth
of trees and other landscaping over time, or for any impact that such growth may impart on sidewalks,
utilities, foundations or other improvements constructed on the Lots. Each Owner shall maintain such Lot
and improvements and the foregoing Adjacent Areas at his sole expense in good condition and repair and
in an attractive condition in keeping with the high standards of maintenance throughout the Subdivision.
Maintenance by the Owner shall include, but not necessarily be limited to, all maintenance, painting,
repair,replacement and care of the structures, fixtures, equipment, appliances, roofs, gutters, downspouts,
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exterior building surfaces, screening and caging, shutters and other decorative and functional attachments
to the exterior of the improvements, walks and other exterior improvements, street trees, exterior lawn,
landscaping and Lot Irrigation System. All such maintenance and repair shall conform to such
maintenance standards as may be promulgated from time to time by the Board in accordance herewith.
7.03. Liability for Actions. A Unit Owner shall be liable for any personal injuries and
for the expense of any maintenance, repair or replacement of any real or personal property rendered
necessary by his act,negligence or carelessness, or by that of his family, agent, guest, employee, invitees
or tenants.
7.04. Repair and Maintenance Standards. The Board and the ARC may from time
to time adopt and promulgate repair and maintenance standards, specifications, guidelines, rules,
regulations or the like, for the Subdivision, so long as such standards, specifications, guidelines, rules,
regulations or the like, are reasonable and not contrary to the provisions of this Declaration.
7.05. Right of Association to Maintain. If an Owner has failed to maintain or repair
his Lot or the improvements thereon as required by this Declaration, then the Association may, but is not
obligated to, perform such maintenance and make such repairs that the Owner has failed to perform and
make. All costs of maintenance and repairs shall be assessed to the particular Owner and his Lot as a
Special Assessment. Until so collected, such costs shall be treated as a Common Expense. The
Association may rely upon duly promulgated standards, specifications, guidelines, rules, regulations or
the like for repair and/or maintenance in carrying out its responsibilities hereunder, and the Association
shall not be liable for trespass or for any act or negligence in carrying out the maintenance using duly
promulgated standards, specifications, guidelines, rules, regulations or the like, for repair and/or
maintenance. The Unit Owner shall hold harmless and indemnify the Association for all acts associated
with the Association's performance of repair and/or maintenance on a Unit Owner's Lot as set forth
herein. In proceeding under this Section, the Association shall employ the procedures hereinafter set
forth:
a) In the case of an emergency, as determined by the Board, or when the Special Assessment to
the Owner is $500.00 or less (including, but not limited to routine mowing and landscape
maintenance), the Board or the Property Manager of the Association shall authorize, approve and
cause the repair or maintenance to be performed.
b) In all other cases:
i) Upon finding by the Board of a deficiency in maintenance, the Board shall provide
notice thereof in writing to the Owner, briefly describing the deficiency and setting forth
the action needed to correct the deficiency.
ii) If the Owner does not correct such deficiency to the reasonable satisfaction of the
Board within fourteen (14) days of the Board's delivery of the notice, then thereafter the
Association may perform such maintenance or repairs, and all costs and expenses,
including reasonable administrative costs, associated therewith shall be charged and
assessed against the Owner and his Lot.
iii) All such maintenance and repair by the Association shall take place only during
daylight hours on weekdays,excluding holidays,except in the case of an emergency.
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7.06. Transfer of Maintenance to Governmental Authority. The Board may
transfer any maintenance responsibility for any part of the Common Property, or for any item or items for
which the Association has maintenance responsibility, to any special tax district,taxing unit, other public
agency, authority or entity, organized or having jurisdiction of such matters without the necessity of
Member approval, provided that such governmental authority or entity accepts such maintenance
responsibility. If the transfer of such responsibility is accomplished, the Board shall retain the authority
to supplement such maintenance to the extent such public authority does not maintain such items to an
acceptable level as determined by the Board.
ARTICLE 8
INSURANCE AND RECONSTRUCTION
8.01. Insurance by Association. The Association shall obtain and continue in effect
such insurance in such amounts and coverages as the Board shall from time to time determine to be
appropriate, necessary or desirable; provided further that such insurance shall cover all Common Areas,
regardless of the current status of title to the Common Areas, and shall name Declarant, or its successors
and assigns, as an additional named insured on such policies of insurance for so long as Declarant, or its
successors and assigns, retains ownership, control or use of any portions of the Common Areas. All
costs associated with such insurance shall be a Common Expense.
8.02. Lot Owner's Insurance. Each Owner shall be responsible for obtaining and
maintaining in effect all such casualty, liability and other insurance with respect to such Owner and such
Owner's Lot and Unit as the Owner may from time to time determine; provided however,the Owner shall
be required to obtain and maintain in effect such casualty insurance policies in sufficient amounts to
rebuild, repair or reconstruct any improvement on the Lot, including the Dwelling Unit, in the event of a
casualty or other loss. The Association shall not obtain any such insurance on behalf of an Owner, nor
shall the Association insure the Lots, Units or improvements thereto and thereon in any manner. Upon
request, the Lot Owner shall provide insurance information, including name of the insurance carrier,
policy number,amounts and limits of insurance coverage and liability to the Association.
8.03. Destruction of Improvements.
(a) If any dwelling structure or other improvement upon a Lot shall be substantially
damaged or destroyed, the Owner thereof shall repair, rebuild or reconstruct the
improvements as soon after such casualty as may be practical. All such work shall
require Architectural Review and approval as provided herein.
(b) Notwithstanding damage to or destruction of improvements to a Lot, the Owner
of such Lot shall remain liable to the Association for all Assessments in connection with
such Lot, even though such Lot may not be fit for occupancy or habitation and even
though such improvements are not reconstructed.
(c) Within a reasonable time after such casualty, the Lot Owner shall remove all
debris and portions of the improvements that cannot be preserved for incorporation into
the replacement structure. All dangerous conditions shall be addressed and neutralized
immediately. Debris shall be removed from the Lot no later than thirty (30) days after
the date of the casualty.
(d) Within thirty (30) days of the date of the casualty, the Owner of the affected Lot
shall notify the Board in writing of the intention to rebuild or reconstruct. Failure so to
notify shall be deemed evidence of such Owner's intention not to rebuild. Such Owner
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shall initiate Architectural Review within ninety (90) days of such notification, and shall
commence rebuilding or reconstruction within sixty (60) days after final approval by the
ARC as herein defined in Section 9.02, and prosecute same to full and swift completion.
If for any reason the Owner of the affected Lot does not notify, initiate Architectural
Review, commence, diligently pursue or complete such building or reconstruction within
the time limits established herein,then such Owner shall be deemed to have elected not to
rebuild, and the Association shall have the rights and duties hereinafter specified. An
Owner may at any time notify the Association in writing of an election not to rebuild.
(e) If an Owner elects or is deemed to have elected not to rebuild the improvements
so damaged or destroyed,then such Owner shall have the duty, at his expense,to remove
all portions of the improvements remaining, including the slab and foundation, but
excluding underground utility lines which shall be secured. The Owner shall supply fill
and install sod so that the Lot shall give the appearance of a landscaped open space. Such
work shall be completed not later than thirty (30) days after the date upon which the
Owner elects or is deemed to have elected not to rebuild.
(f) If an Owner fails to comply with any of the requirements of Sections 8.02 and
8.03,then the Association may, at its option but not obligation, perform such acts as are
of the responsibility of the Owner and the cost of same shall be treated initially as a
Common Expense, but charged and assessed against the Lot and its Owner as a Special
Assessment.
(g) Upon written application of an Owner, any of the time periods set forth in this
Section may be extended by the Board for good cause.
(h) The duties of the Association hereunder shall be performed by the Board.
8.04. Additional Provisions Relating To Paired Villas Lot Owner's Insurance.
Notwithstanding anything to the contrary herein, and in addition to compliance with Sections 8.02 and
8.03, above,each Owner of the Paired Villas Lot Type shall be responsible for obtaining and maintaining
in effect all such casualty, liability and other insurance with respect to such Owner and such Owner's Lot
and Unit as the Owner may from time to time determine; provided however, the Owner shall be required
to obtain and maintain in effect such mandatory casualty insurance policies in sufficient amounts to
rebuild,repair or reconstruct the entire Paired Villas Unit in the event of a casualty. At the request of the
Association, the Owner shall promptly provide the Association with the Owner's insurance company
name, policy number(s), effective dates, coverage limits and amounts of coverage, or such other
information as the Association may reasonably request, of and pertaining to the insurance requirements
set forth herein. The Association shall not obtain any such insurance on behalf of an Owner,nor shall the
Association insure the Lots,Units or improvements thereto and thereon, for the benefit of any Owners, in
any manner.
8.05. Additional Provisions Relating To Destruction of Paired Villas
Improvements. In addition to any of the requirements set forth in Sections 8.02 and 8.03, above, the
following additional provisions specifically pertain to damage and destruction of the Paired Villas Lot
Type:
(a) If any Paired Villas Unit [dwelling structure] upon a Lot shall be substantially
damaged or destroyed, the Owner thereof shall repair, rebuild or reconstruct the
improvements as soon after such casualty or other event as may be practical. All such
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work shall require Architectural Review and specific approval by the ARC as provided
herein.
(b) Notwithstanding damage to or destruction of improvements to a Paired Villas
Lot, the Owner of such Lot shall remain liable to the Association for all Assessments in
connection with such Lot, even though such Lot may not be fit for occupancy or
habitation and even during such times as the improvements are not yet reconstructed.
(c) Within a reasonable time after such casualty or other event, the Lot Owner shall
remove all debris and portions of the improvements that cannot be preserved for
incorporation into the replacement structure. All dangerous conditions shall be addressed
and neutralized immediately. Debris shall be removed from the Lot no later than thirty
(30)days after the date of the casualty.
(d) Within thirty (30) days of the date of the casualty or other event, the Owner of
the affected Lot shall notify the Association Board in writing of the intention to rebuild or
reconstruct, shall initiate Architectural Review within ninety (90) days of such
notification, and shall commence rebuilding or reconstruction within sixty(60) days after
final approval by the ARC of the Architectural Review, and shall diligently prosecute the
construction to a timely completion. Notwithstanding anything to the contrary herein
this Declaration,including Article 14, it is the specific intention and requirement of
this Section 8.05 to require the Owners of the Paired Villas Lot Type to repair,
reconstruct, replace and rebuild the entire dwelling Unit and all improvements
thereon the Lot at the Lot Owner's sole cost and expense,with approval and consent
by the ARC, and to not leave the Lot vacant or the dwelling Unit in a state of
disrepair, regardless of whether the Lot Owner's insurance carrier provides
coverage, whether insurance coverage is available, or whether the replacement
could be considered a Lot Maintenance Service applicable to the end of the
improvement's useful life.
(e) If an Owner fails to comply with any of the requirements of Sections 8.02
through 8.05, herein, or if for any reason the Owner of the affected Lot does not notify
the Association,initiate Architectural Review,commence,diligently pursue and complete
such building or reconstruction within the time limits established herein, then the
Association shall have the right, but not the obligation, to elect to perform such acts as
are of the responsibility of the Owner and the cost of same shall be charged and assessed
against the Lot and its Owner as a Special Assessment,running with the land and binding
the Lot and its Owner as well as all successors in title, including a first mortgagee that
may obtain title through foreclosure or deed in lieu of foreclosure; provided however,the
Association may first treat the costs as a Common Expense of the Neighborhood and then
convert same into a specific Special Assessment against the affected Lot and its Owner.
Notwithstanding anything to the contrary herein,the Association shall have no obligation
to repair, rebuild or reconstruct the Unit, or any improvements on the Lot, and the Owner
shall remain liable for all such work. The Association's rights herein shall not be deemed
to supersede any conflicting rights of any first mortgagees.
(0 The Association, at its option, may obtain any such insurance as it deems
reasonable and necessary, and all costs for same shall be Common Expenses associated
with the Neighborhood and charged against all Owners as a Neighborhood Assessment or
as a fee associated with any Lot Maintenance Services for the Paired Villas Lot Type.
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(g) Upon written application of an Owner, any of the time periods set forth in this
Section may be extended by the Association Boards for good cause.
(h) The duties of the Association hereunder shall be performed by their Boards.
(i) Casualty & Other Events—Paired Villas' Lot Maintenance Services Exclusions.
Notwithstanding anything to the contrary contained herein this Declaration, for all
casualty and all other events, including events caused by the negligent or intentional acts
or omissions of the Lot Owner,his agents,guests or invitees,which necessitate the repair,
maintenance and/or replacement of the Paired Villas' exterior roofs or exterior painting
and repair of stucco, all of which are not deemed to be necessitated by the end of the
useful life of the improvements, which determination shall be made by the Association,
in its sole and absolute discretion, the Lot Owner shall be solely responsible for same, as
such repairs, maintenance, replacement, repainting and the like shall not be a Lot
Maintenance Service provided by the Association. In such an event,the Association may
elect, in its sole and absolute discretion, but without any obligation, to either (i) review,
approve the Architectural Review and then supervise the authorized work to be
performed by the Lot Owner or(ii)perform the work itself, and the Lot Owner shall then
be required to immediately(a) assign to Association any and all of Lot Owner's casualty
or other insurance proceeds to perform the work, (b) obtain any required mortgagee
joinders to fully and freely assign the insurance proceeds to Association, and (c) the Lot
Owner shall directly pay to Association any additional costs and expenses reasonably
necessary to complete the work that are not otherwise covered by the assignment of the
insurance proceeds(if any). If the Lot Owner fails to timely perform the work and/or pay
any costs and expenses related to the aforementioned work, then all costs and expenses
related to the work shall be a Special Assessment due from the Lot Owner and continuing
lien against the Lot Owner's Lot running with the land.
(j) Notwithstanding of anything herein the Declaration to the contrary, including
whether insurance proceeds may be available or cover a loss, the Lot Owner shall at all
times be solely financially responsible for any and all repairs to his Paired Villas Unit,
including completely rebuilding same, as well as all improvements on the Paired Villas
Lot.
ARTICLE 9
AUTHORIZED BUILDER AND ARCHITECTURAL REVIEW
9.01. Authorized Builder. In order to assure that the improvements within the
Subdivision will be constructed with the level of quality and consistency desired by the Declarant, no
improvements may be constructed on any Lot within the Subdivision by any builder or contractor other
than the builder(s) approved by Declarant, in its sole and absolute discretion; and after the Declarant no
longer owns or controls any Lot within the Subdivision, then as approved by the ARC (the "Authorized
Builder"). No improvements made, installed, constructed and/or built by Declarant, including its
Authorized Builder, in the Subdivision shall be required to undergo ARC approval or any other approval
by the Association.
9.02. Architectural Review Committee. There is hereby established an
Architectural Review Committee(the"ARC"). The ARC shall use its best efforts to promote and insure a
high level of design, quality, harmony, maintenance standards, quality of life and appearance throughout
the Subdivision consistent with this Declaration. Prior to the Turnover Date, unless the Declarant shall
otherwise specify in writing, the Declarant shall constitute the ARC, and may approve Plans and
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Submissions, as defined in Section 9.05, and make all Architectural Review decisions and approvals or
take other actions on behalf of the ARC in Declarant's own name or in the name of the ARC. After the
Turnover Date, or earlier determination by Declarant no longer to serve as the ARC, the ARC shall be
composed of at least three (3) individuals appointed by the Board, each of whom shall be an Owner but
not related or affiliated with a Board Member. The ARC shall act by simple majority vote. In the event
of the death, resignation or other removal of any Board appointed member of the ARC, the Board shall
appoint a successor. No member of the ARC shall be entitled to compensation for,or be liable for claims,
causes of action or damages arising out of services performed pursuant to this Declaration. Members of
the ARC shall serve terms established by the Board, and may be removed with or without cause by the
Board.
9.03. Architectural Standards. The ARC may, from time to time, adopt and
modify design and development standards, rules, guidelines and specifications for the Subdivision (the
"Standards"). The Standards may be different for each Neighborhood and Lot Type. The Standards may
include, but are not necessarily limited to, standards for(a) architectural design and size of improvements
to be constructed upon a Lot; (b) fences, walls, pools, spas and similar structures; (c) exterior building
materials and colors; (d)exterior lighting; (e)lawn and landscaping materials and minimum requirements;
(f) setback, height, bulk and design criteria; (g) design, materials and colors for homes, roofs,
improvements,drives and walks; and other matters assigned to the ARC by this Declaration,or the Board.
The Standards shall be deemed to include any mandatory architectural requirements, prohibitions and
guidelines contained in this Declaration.
9.04. Approval Required. Architectural review and the written approval of the
ARC, ("Architectural Review"), shall be required for the construction, restoration, reconstruction or
expansion of any improvement upon a Lot; for any reasonably visible exterior alteration or modification
to an existing improvement on a Lot; for any maintenance or repair of an improvement to a Lot which
will result in the application or use of materials of a different type, color or quality than those in use prior
to this maintenance or repair; for any landscaping or material change or addition or reduction to the
landscaping or lawn of any Lot, other than for plantings within a substantially enclosed courtyard area;
and for the construction, installation, restoration, reconstruction, enlargement or alteration of any fence,
wall, tennis court, screen enclosure, pool, patio, utility line, solar energy device, decorative structure,
outbuilding or other installation, device, equipment or structure which will alter the appearance of the Lot
or existing improvements located thereon when viewed from adjacent Lots, the adjacent street or in any
other instance where architectural review is required under this Declaration (collectively, the
"Improvements"). Anything contained herein to the contrary notwithstanding, all such Improvements,
alterations, installations, facilities and applications made by the Declarant as part of the original
construction, improvement, development and sale of the Subdivision, including, without limitation, the
construction of homes and units by Declarant, whether made before or after Turnover of control of the
Association, shall not require architectural Review nor approval of the ARC. Notwithstanding anything
to the contrary herein,in the event the Association is responsible for exterior maintenance of any dwelling
unit, such as but not limited to,painting or roof maintenance or other Lot Maintenance Services,then the
ARC may, in its sole and absolute discretion, prohibit any exterior attachment, modification, restoration,
reconstruction, expansion or other improvement of any kind whatsoever.
9.05. Procedure. In order to obtain the approval of the ARC for any proposed
Improvements, there shall be submitted to the ARC a written application for approval and at least one (1)
complete set of plans and specifications for the proposed Improvements (the "Plans"). The Plans shall
include, as appropriate to the proposed Improvements, (a) a site plan for the Lot showing location and
dimensions of all proposed and existing structures,pavement and landscaping to be installed or removed;
(b) complete floor plans and exterior elevations of all proposed structures, drawn to scale and reflecting
the number of square feet within air conditioned living areas and other areas; (c) specification of all
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materials to be used, including type, color and nature; (d) specification of plant and other materials
proposed for landscaping; (e) location, dimension, description and specifications for any other proposed
Improvements; and (f) samples of material and proposed colors for external application. The ARC may
also require the submission of additional information and materials as may be reasonably required by the
ARC to evaluate the proposed Improvements (the"Submissions").
The ARC may waive formalities in the approval process, and may waive specific
requirements if it deems the Plans and Submissions submitted provide the information reasonably
necessary for ARC review. The ARC shall review and evaluate all applications and either approve or
disapprove, or approve in part and disapprove in part, the application. The ARC shall issue its approval
or disapproval in writing, and specify its reasons for disapproval and annotate its decision by reference to
this Declaration and the Standards,if applicable. To the extent practical,the ARC shall indicate as part of
any disapproval, the general or type of changes necessary in the submittal in order to achieve approval.
The ARC may specify conditional approval, setting forth written stipulations for changes required for
approval. If the applicant accepts such stipulations, the proposal shall be deemed approved, subject to the
stipulations.
No work shall proceed except in strict compliance with this Declaration and the
approval of the Architectural Review by the ARC, and any Improvements or work performed without
such approval may be required to be removed by the Board at the Owner's sole cost and expense. If any
landscaping, construction or other Improvements or alterations requiring ARC Architectural Review and
approval shall be commenced and completed without Architectural Review and approval by the ARC, or
at variance with approved Plans and Submissions, then such construction or other Improvements may at
any time thereafter be required to be removed or altered to comply with such Plans and Submissions as
may be approved by the ARC, and such removal or alteration shall be at the Owner's sole cost and
expense. Nothing shall prevent an Owner from making application to the ARC for approval of
Improvements already commenced or completed, but during the period of such application, the Owner
shall not perform any more work until the ARC has acted. The ARC shall not have any increased
obligation to approve merely because an Owner has already commenced or completed Improvements in
violation of this Declaration.
9.06. Routine Matters. In instances in which ARC has established specific
written standards approving certain colors, materials, decorative or other items of routine maintenance,
repair or minor improvements, an Owner may comply with such specific and written standards without
the necessity of submitting an application to or obtaining formal approval of the ARC.
9.07. Scope of Review. The ARC shall review and approve or disapprove all
Plans and Submissions solely on the basis of aesthetic standards as to the aesthetic quality of materials
and workmanship to be used, suitability and harmony of location, structure and external design in relation
to surrounding topography, structures and the overall benefit or detriment which would result to the
immediate vicinity and to the Subdivision as a whole,and any other factors deemed relevant to the review
by the ARC in its opinion, reasonably exercised. The ARC shall take into consideration the aesthetic
aspects of the architectural design,placement of buildings, color schemes, exterior finishes and materials
and similar features, and shall not be responsible for reviewing, nor shall its approval of any Plans be
deemed approval of any design or plan from the standpoint of structural safety or conformance with
building or other codes.
9.08. Miscellaneous Provisions. The Board and the ARC may adopt reasonable
rules and regulations,including any standards,specifications,guidelines, or the like,for the conduct of its
authority, and the Board may establish reasonable fees for Architectural Review. The Association shall
maintain records of all Architectural Review proceedings, and shall furnish a certificate in recordable
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form upon the request of any Owner verifying the compliance or non-compliance of such Owner and his
Lot with the Architectural Review provisions of this Declaration.
9.09. Mandatory Tree Planting and Maintenance. Unless provided for as a Lot
Maintenance Service, the Owner of each Lot shall be responsible for the planting and maintenance of
replacement trees on such Lot as required by the County pursuant to final site plan approval for Marquesa
Isles of Naples. The number, size, type and location of trees to be planted shall be set forth on the Plans
and Submissions approved by the ARC, as provided for herein. Existing native trees may be permitted to
be used to fulfill these requirements whenever they meet spacing and size requirements as set forth
herein. The Developer shall initially be responsible for the initial installation and maintenance of the
trees until such time as the Lot is sold or transferred to a subsequent Lot Owner, at which time that Lot
Owner shall be fully responsible for the maintenance and replacement of any street trees, all as set forth
herein. Any costs borne by the Developer associated with the installation and maintenance of the street
trees may be passed on and charged to the subsequent Lot Owner. In the event a street tree dies or is
removed, the Lot Owner is responsible for replacing the street tree(per the requirements set forth herein)
within thirty(30) days. If an Owner has failed to comply with the requirements of this Section 9.09,then
after notice and compliance with the procedural requirements of this Declaration, the Association may
take such action as is necessary to achieve compliance. All costs of the Association in so doing shall be
assessed to the particular Owner and his Lot as a Special Assessment. Until so collected, such costs shall
be treated as a Common Expense. No certificate of occupancy will be issued for any home to be
constructed on a Lot until the conditions of this Section have been satisfied. ARC approval as required by
this Article 9 shall be withheld until such time as the Plans and Submissions presented for each Lot
comply with the replacement tree planting obligations provided for herein. Upon such initial planting,
each Lot Owner shall be responsible for maintenance of the replacement trees and such trees may not be
removed without appropriate permits and authorizations provided by the County and further approved by
the ARC.
ARTICLE 10
USE RESTRICTIONS
The following protective restrictions, limitations, covenants, conditions and agreements
are hereby imposed upon the Subdivision and shall apply to all Property in the Subdivision, which
includes all Lots, and shall also apply to all Members/Owners and their tenants and their respective
guests, families, invitees, agents, employees, contractors, licensees and all other persons occupying such
Lots or in actual or constructive possession,control or use thereof.
10.01. Residential Use. No Lot shall be used for anything other than residential
purposes and in accordance with the Code and other applicable zoning and governmental land use
regulations and this Declaration.
10.02. Height Limitation. No dwelling house or other building shall be more than two
(2) stories in height, nor more than thirty five (35) feet above the grade of the crown of the street upon
which the Lot fronts.
10.03. Garages and Outbuildings. All garages shall be private garages with a
capacity for at least one(1)and no more than three(3)passenger vehicles.
10.04. No View Easements. Ownership of a Lot in the Subdivision does not carry with
it any view easements. Adjacent property owners may be permitted to construct dwelling units,accessory
structures, pool cages, install fences and/or landscaping that may obstruct views over and across other
properties.
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10.05. Setbacks. All structures shall be so located upon a Lot so as to comply with
the setback requirements of the zoning regulations and Code. The ARC may require a greater, or approve
a lesser, setback if it finds that under the specific circumstances such alteration is reasonable and
appropriate and will result in a Lot developed and used in an appropriate manner not detrimental to
surrounding properties; provided, however, that the approval by the ARC of a reduced setback shall not
affect the obligation of the Owner of a Lot to comply with the Code.
10.06. Recreational Vehicles. No trailer, camper, motor home, boat, boat trailer,
canoe,motorcycle,golf cart,ATV,or any similar recreational vehicle shall be permitted to remain upon a
Lot unless within an enclosed garage, other than for temporary parking, unless prior approval has been
granted by the ARC. Temporary parking shall mean the parking of such vehicles belonging to or being
used by Owners or their guests for loading and unloading purposes only. All temporary parking shall be
restricted to paved driveways, however, sidewalks may never be blocked or obstructed in whole or in
part. The ARC may approve special storage arrangements for such vehicles, imposing such locational,
time and other conditions as it may determine.
10.07. Other Vehicles. No trucks, commercial vans, tractors, service vehicles or other
commercial vehicles shall be permitted to remain within the Subdivision or on a Lot other than for
temporary parking unless parked within an enclosed garage. Temporary parking shall mean the parking
of such vehicles while being used in the furnishing of services or materials to occupants of Lots, or being
used by occupants of Lots for loading and unloading purposes only. This provision applies to trucks and
utility vehicles whether used for commercial purposes or not. Notwithstanding the foregoing, Owners or
other appropriate occupants of a Lot having a van or pick up truck for personal transportation purposes
only, and not for commercial use, may park such vehicle on the driveway of their Lot, but no Lot may
have more than one such vehicle regularly parked in the driveway. No vehicle may block or obstruct in
anyway a sidewalk in whole or in part.No vehicle shall be permitted to park overnight in the Subdivision
streets, street right of ways and other Common Areas; nor shall any vehicle be permitted to park on the
Subdivision streets, street right of ways or other Common Areas during the day, except that temporary
day time parking shall be permitted for moving, construction, deliveries and the like. The streets in the
Subdivision are "private", and the Association has the right to remove and tow, at the vehicle owner's
expense, any vehicle which violates the provisions of this Section 10.07 or any other rule, regulation,
standard, specification or the like, promulgated by the Board or the ARC regarding vehicles and parking
in the Subdivision. The Board and the ARC may adopt additional rules, regulations, guidelines,
standards, specifications, and the like, which are more stringent regarding permitted vehicles and parking
restrictions in the Subdivision. Each Owner shall comply, and shall cause the Owner's family, guests,
tenants, and invitees to comply with the restrictions and covenants, as well as all rules, regulations,
standards, guidelines, specifications, and the like, set forth in this Declaration, and any amendments
hereto,applicable to such Owner's Lot, as well as parking in the Subdivision streets, street right of ways
and other Common Areas.
10.08. Animals and Pets/Dog Park. Only common domesticated household pets may
be kept on any Lot or improvements thereto, and in no event may such pets be kept for breeding or any
commercial purposes. No other animals, livestock, reptiles or poultry of any kind shall be kept, raised,
bred or maintained on any portion of the Subdivision. Approved household pets may not be kept in
unreasonable numbers. Permitted pets shall be kept only subject to and in accordance with this
Declaration and any other rules and regulations as shall be promulgated from time to time by the Board,
and unless otherwise provided by the Board, shall be kept on a leash and accompanied by its owner
except when within a fenced or other enclosed area, and further provided, while outside, such dogs and
permitted pets shall not be permitted to bark or otherwise become a nuisance or annoyance to a neighbor.
Pets may only be kept on a Lot and on the Property in a reasonable number,which shall be determined by
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the Association, in its sole and absolute discretion. All permitted pets shall be licensed and vaccinated as
required by any local law or ordinance governing same. Any such pets, whether from number,
disposition or otherwise, that cause, create or contribute to a nuisance or unreasonable disturbance or
annoyance, may be required to be permanently removed within ten (10) days of receipt of written notice
from the Board to the Owner or other person responsible for such pet. Pet owners are responsible for
cleaning up any mess created by their pets within the Subdivision. Excrement which is not picked up
shall be deemed a nuisance hereunder. All pet owners are responsible for the actions of their pets, and
each pet owner agrees to indemnify the Association and Declarant and hold them harmless against any
loss or liability of any kind or character whatsoever arising from or growing out of having any animal on
or within the Subdivision. The Board may adopt rules and regulations, including any standards,
specifications, guidelines, or the like, that are more restrictive than the provisions of this Declaration for
the regulation of pets when necessary to promote the health, safety and welfare of the Subdivision and its
occupants.
Failure of any Owner to fully comply with the provisions of this Article shall result in
fines of Fifty Dollars($50.00)per diem for each day of noncompliance.
The Association may provide specific and gated areas of the Common Property for use as a Dog
Park. All Owners utilizing the Dog Park shall abide by the provisions of this Article 10.08, the rules and
regulations of the Association,and any local, state and federal laws regarding pets/animals. In addition to
any other rules of the Association regarding pets and the Dog Park, which the Board may enact from time
to time,the following rules shall apply to the Dog Park:
Dog Park Rules and Policy
1. Owners must accompany their dogs in the park at all times.
2. No more than two(2)dogs per person are allowed at one time.
3. Children are not allowed in the dog park,unless accompanied by a guardian.
4. Owners are responsible for picking up after their dog.
5. All dogs must wear proof of license and have proper vaccinations.
6. Dogs in heat are not allowed in the park.
7. Dogs with bad behavior will be required to leave the park.
8. Persons and pets entering the Dog Park do so at their own risk; the Association
and Declarant are not responsible or liable for any actions, damages, losses or
injuries to persons,pets or property.
10.09. Antennae and Masts. No television, radio or other electronic or
communications antenna,mast,dish,disk or other similar device for sending or receiving television,radio
or other communication signals shall be permitted upon any Lot or improvement thereto, except in
conformance with uniform rules and standards established by the ARC. No such device is permitted
under any circumstances if it sends, contributes to or creates interference with any radio, television or
other communication reception or interferes with the operation of other visual or sound equipment located
within any part of the Subdivision. In the event the Association is responsible for exterior maintenance of
any dwelling unit, such as but not limited to painting or roof maintenance, then the ARC may, in its sole
and absolute discretion,prohibit any such antenna,mast,dish,disk or similar device.
10.10. Miscellaneous Visual Restrictions.
(a) No clothes lines or clothes poles shall be erected, and no outside clothes drying is
permitted,except where such activity is advised or mandated by governmental authorities
for energy conservation purposes, in which event, the ARC shall be required to approve
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the portions of any Lot used for outdoor clothes drying purposes and the types of devices
to be employed.
(b) Garage doors shall be kept in a closed position when not in use for ingress and
egress.
(c) All garbage and refuse containers, air conditioning units,whole house generators,
oil tanks, bottled gas tanks, and permanently affixed swimming pool equipment and
housing shall be underground or placed in walled-in or landscaped areas as approved by
the ARC so that they shall be substantially concealed or hidden from any eye-level view
from any street, adjacent property, or Common Property. No window or wall air
conditioning units shall be permitted on any Lot.
(d) The personal property of any resident shall be kept inside the residence dwelling,
or a fenced or walled-in yard, except for patio furniture and accessories, and other
personal property commonly kept outside, which must be kept in the rear of the Lot and
must be neat appearing and in good condition.
(e) Window treatments shall consist of drapery, blinds, decorative panels or other
tasteful window covering. No newspaper, aluminum foil, sheets or other temporary
window treatments are permitted, except for periods not exceeding one (1)week after an
Owner or tenant first moves into a dwelling or when permanent window treatments are
being cleaned or repaired.
(f) All solar heating and other alternative energy resource systems shall require ARC
approval and shall be so installed and maintained as not to be visible from the street upon
which the dwelling fronts,unless specifically otherwise authorized by the ARC. It is the
intent hereof not to prohibit the use of renewable energy sources, but rather to direct that
same be so designed, installed and maintained as to minimize visibility from the street in
front of the dwelling and in compliance with ARC standards.
10.11. Fences. No fence of any kind (vertical or underground electric) shall be erected
or maintained upon any Lot until the plans and specifications therefor have been approved in writing by
the ARC. Underground electric fences will not be permitted in the front yard of any Lot. It shall be a
condition of approval of any fence that the bottom of all fences along or within any drainage easements
shall be elevated above ground to allow for the free flow of drainage; and further provided, fences within
drainage easements shall not be approved, regardless of the elevation of the bottom of the fence, if such
approval interferes with the drainage plans for the Subdivision or is prohibited by Code or rules of
SFWMD.
10.12. Yards and Drives. Yards shall be sodded with natural grass at the time of
original construction of improvements, and lawns shall thereafter be maintained in good condition and
replaced as may be necessary. Gravel or stone yards are prohibited. All driveways, walks and parking
areas shall be approved by the ARC, must be constructed of concrete, Stamperete, Bomanite, paver
bricks, or other comparable material approved by the ARC. Poly-pebbled driveways are prohibited. This
Declaration does not prohibit xeriscape or "Florida-Friendly" landscaping; provided however, all such
landscaping must be approved by the ARC.
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10.13. Environmental Provisions.
a) Tract P, as reflected on the Plat, shall be held, operated and maintained
by the Association for conservation purposes as Common Areas; said Tract in no
way shall be altered from its natural or permitted state. Activities prohibited
within the preservation area within Tract P include, but are not limited to:
construction or placing of buildings on or above the ground; dumping or placing
soil or other substances such as trash; removal or destruction of trees, shrubs or
other vegetation with the exception of exotic / nuisance vegetation removal;
excavation, dredging or removal of soil material; diking or fencing; or any other
activities detrimental to drainage, flood control, water conservation, erosion
control or fish and wildlife habitat conservation or preservation.
b) No tree with a diameter of four(4) inches or more measured at the height
of four feet above grade shall be removed, unless the removal of same is
necessary for the erection and maintenance of structures and outbuildings
permitted hereby, or driveways or walkways providing access thereto, unless
such tree is diseased,except with the consent of the ARC.No tree within any tree
preservation area created within the Subdivision shall be removed except as
permitted by such tree preservation easement.
c). Compliance with SFWMD and the County. Each Owner is hereby
notified that the Property within the Subdivision is subject to the requirements of
Surface Water Management Permit(s) issued by the South Florida Water
Management District. Each property Owner within the subdivision at the time of
construction of a building, residence or structure shall comply with the
construction plans for the surfacewater management system approved and on file
with the South Florida Water Management District ("SFWMD" or "District").
No construction activities may be conducted relative to any portion of the surface
water management system facilities without the prior approval of the Association
and SFWMD.
i. Defmitions. The term "stormwater management system facilities" or
"surface water management system," as both terms may be used
interchangeably herein, is hereby defined to means a system which is
designed and constructed or implemented to control discharges which are
necessitated by rainfall events, incorporating methods to collect, convey,
store, absorb, inhibit, treat, use or reuse water to prevent or reduce
flooding, overdrainage, environmental degradation, and water pollution
or otherwise affect the quantity and quality of discharges from the
system, as permitted pursuant to Chapter 62-330, F.A.C. Said system
includes, but is not limited to, all inlets, ditches, swales, culverts, water
control structures, retention and detention areas,ponds,lakes, floodplain
compensation areas, preservation areas, wetlands and any associated
buffer areas,and wetland mitigation areas.
ii. Use of Property / Common Areas / Prohibited Activities. The
Association shall be responsible for the maintenance, operation and
repair of the stormwater management system. Maintenance of the
stormwater management system(s) shall mean the exercise of practices
which allow the systems to provide drainage, water storage, conveyance
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or other stormwater management capabilities as permitted by SFWMD.
The Association shall be responsible for such maintenance and operation.
Any repair or reconstruction of the stormwater management system shall
be as permitted, or if modified as approved by SFWMD. The
stormwater management system facilities shall be located on land
designated as Common Areas on the Plat, land over which the
Association either owns or has an easement in its favor for operation,
control and maintenance of the stormwater management system
facilities, or on land dedicated to and controlled by the Association as set
forth on the Plat. Prohibited activities include, but are not limited to: the
removal of littoral shelf vegetation (including cattails) from wet
detention ponds, digging or excavation; depositing fill, debris or any
other material or item; constructing or altering and water control
structure; or any other construction to modify the stormwater
management system facilities. Removal includes dredging, the
application of herbicide, cutting,and the introduction of grass carp.
iii. Association Duties & Powers Per Articles of Incorporation/
Assessments/Existence and Duration. As provided for in the Articles of
Incorporation of the Association, the Association shall operate, maintain
and manage the stormwater management system(s) in a manner
consistent with the requirements of SFWMD Permit No.1-Q3$00and
applicable SFWMD rules, and shall assist in the enforcement of the
restrictions and covenants contained herein. The Association shall levy
and collect adequate assessments against members of the Association for
the costs of maintenance and operation of the stormwater management
system, all as provided for in Article V,herein. The assessments shall be
used for the maintenance and repair of the stormwater management
systems and mitigation or preservation areas, including but not limited to
work within retention areas, drainage structures and drainage easements.
• The Association has been incorporated to be a perpetual operation and
maintenance entity for the Common Property, including the stormwater
management system, and is intended to exist in perpetuity (See also
Section 12.03, herein).
iv. Enforcement. SFWMD shall have the right to enforce, by a proceeding
at law or in equity,the provisions contained in this Declaration that relate
to the maintenance, operation and repair of the stormwater management
system. Such enforcement rights of SFWMD include a civil action for
injunction and/or penalties against the Association to compel it to correct
any outstanding problems with the stormwater management system
facilities.
v. Dissolution. The Association is intended to exist in perpetuity as set
forth in the Declaration, and as described in Section 12.03 of the
Declaration; provided however, in the event the Association ceases to
exist or is otherwise dissolved or terminated, the responsibility for the
operation and maintenance of the Subdivision's stormwater management
system facilities shall be transferred to and accepted for maintenance
responsibilities by another similar entity that complies with Sections
373.416 and 373.4141, Florida Statutes, and Chapter 62-330 F.A.C.
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(including specifically Chapter 62-330.310, F.A.C.), then in effect,
and/or complies with any other rule or regulation then in effect issued
and approved by SFWMD, prior to the termination, dissolution or
liquidation of the Association. The new maintenance entity described
above shall have all the same powers listed in the Association's Articles
of Incorporation, Sections 3.2(a)through(n).
vi. Amendment. Neither this Section nor any provision of this Declaration
affecting the stormwater management system facilities,the operation and
maintenance of the stormwater management system facilities, the
mitigation or preservation areas, and the water management portion of
the Common Areas may be amended without the prior written consent of
SFWMD.
d) Sedimentation and erosion control measures will be in compliance with
the County's Code. To prevent sedimentary runoff during construction, staked
hay bales, staked silt screens or inlet debris control screens are to be placed at
storm inlets, outfall locations and adjacent property lines as required prior to any
construction activities. The contractor is responsible for maintaining the
sedimentation barriers in a working manner for the duration of construction and
should be checked daily. Siltation accumulations greater than the lesser of 12
inches or one-half of the depth of the sedimentation barrier shall be immediately
removed and replaced in upland areas, in addition to specified erosion control
locations, the contractor shall perform daily site inspections for potential erosion
problems. If problems occur, the contractor is responsible for installing
appropriate erosion control immediately. The contractor is responsible for
removing temporary erosion control devices following completion of all
construction and final stabilization
e) The Association shall maintain the surface water management system for
the Subdivision (including littoral zone planting, maintenance of littoral zone
vegetation, removal of exotic and nuisance species from littoral zones and
wetlands mitigation areas, any periodic dredging and silt removal from
stormwater retention areas) in compliance with all applicable regulations of the
County, SFWMD, and other governmental authorities with jurisdiction over the
Subdivision property.
f) The Association shall provide all stormwater, hydroperiod, wetland
mitigation, littoral zone planting, and wetland planted buffer monitoring data
collection and reporting required by the County, SFWMD,or other governmental
authorities with jurisdiction over the Subdivision property.
g) Nothing set forth herein this Article or the Declaration shall be construed
to abrogate the Association's responsibility hereunder to operate and maintain the
surface water management system of the Property in compliance with all
applicable regulations of the County, SFWMD, and other governmental
authorities with jurisdiction over the Subdivision property. Any amendment to
this Declaration that materially affects the interests of SFWMD in and to the
surfacewater management system facilities shall require the prior consent of
SFWMD.
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h) No fishing,swimming,wading or other recreational activities shall be
permitted within any of the lakes or water within the Property,unless authorized
by the Association.
i) No owner of property within the Subdivision may construct or maintain
any building, residence, or structure, or undertake or perform any activity in the
wetlands, wetland mitigation areas, buffer areas, upland conservation areas,
preservation areas and drainage easements described in the approved permit and
recorded plat of the subdivision, unless prior approval is received from SFWMD
and County.
j) Each Owner of a Lot within the Subdivision at the time of constructions
of a building, residence, or structure shall comply with the construction plans for
the surface water management system approved and on file with the South
Florida Water Management Department.
k) The Association shall have the obligation to manage, monitor and
provide reports regarding the surfacewater management system for the Subdivision as set forth herein this
Declaration and this Article 10.13.
10.14. Swimming Pools. No above-ground swimming pools are permitted within
the Subdivision. This provision does not prohibit hot tubs, therapy pools or hydro-spas when they are
incorporated into improvements and approved by the ARC. The ARC may approve pools incorporated
into improvements even though such pools may be above grade. All pools shall be enclosed and
constructed to comply with applicable regulations and standards of governments having jurisdiction. All
pools, enclosures, screening and caging shall be subject to Architectural Review; and further provided,
not all Paired Villas Lots may be eligible for pools, spas, enclosures and the like.
10.15. Utility Easements. Easements for installation, maintenance, repair and
replacement of utilities and drainage facilities are reserved and established as reflected on the recorded
Plat of the Subdivision and as set forth herein the Declaration. Also, a ten (10) foot minimum utility
easement will be located along all front Lot lines. Within those easements no structure, planting or other
materials shall be placed or permitted to remain which may damage or interfere with the installation and
maintenance of utilities or which may change the direction, obstruct or retard the flow of water through
drainage channels in the easements. The easement area of each Lot and all improvements in it shall be
maintained by the Owner thereof except for those improvements and facilities for which the Association,
or a public authority or utility company is responsible.
10.16. Pool Cage Restrictions. Any pool cages or other screened cages upon any Lot
shall not exceed the height of the home and shall utilize materials and colors as approved by the ARC.
10.17. Sidewalks. Sidewalks may be installed on or abutting a Lot as required by
approved site and construction plans for the Subdivision and the County's Code. If required, sidewalks
shall be installed in accordance with the aforementioned plans and code and upon approval of the ARC.
All costs and expenses for the installation of the sidewalk shall be paid by the Lot Owner. Following
installation, such sidewalk shall be maintained by the Lot Owner at his expense, including but not limited
to, maintenance and repair, pressure washing, trimming of low overhanding tree branches and assuring
landscaping and other items do not obstruct the sidewalk. In no event may a sidewalk be blocked or
obstructed in anyway; no vehicles or other object may block, in whole or in part, a sidewalk. Sidewalks
shall be kept clean and clear of any obstructions of any kind whatsoever.
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10.18. Reclaimed Effluent Irrigation System. It shall be the responsibility of each
Owner at the time of construction of a building, residence or structure, and at all times thereafter, to
comply with the requirements, if any, of the County's Public Works Department, the Developer or the
Association and to connect into any system for reclaimed effluent irrigation that may be installed in the
future. In connection therewith, each Owner, at his sole cost and expense, shall install an effluent meter,
backflow preventer, and such other equipment required for connection to the reclaimed effluent irrigation
system. In the event the Declarant or the Association enter into any reclaimed water rights agreements
with the County, or any third party, (hereinafter the "Reclaimed Water Agreements"), all Lot Owners do
hereby consent to and appoint Declarant and/or the Association as their agent to execute any and all
documents related thereto, including amendments to or assignments of the Reclaimed Water Agreements,
which documents are deemed reasonably necessary in Declarant's and/or the Association' sole and
absolute discretion, without any further consent,joinder or signatures necessary by the Lot Owners. Any
and all costs of the Association associated with the connection to any reclaimed/reuse irrigation system
shall be paid by all Lot Owners as an Assessment.
10.19. Prohibition Against Further Subdivision. Except as provided for herein, the
Lots shall not be further subdivided, but Lot lines may be reconfigured, as set forth herein, without the
requirement for re-platting. The prohibition against re-subdivision of any Lot shall not prevent the
conveyance of several Lots and/or portions of Lot(s) to the Owner of a contiguous Lot to the end that
platted Lot lines may be reconfigured without the need for re-platting. Upon any such conveyance, the
parcel so created shall be deemed a "Lot" subject to the provisions hereof, as though originally platted as
such. Where said Lots are combined or reduced and reconfigured as set forth herein, the outside
boundaries of the building site (which building site is the newly configured Lot) shall automatically carry
the reconfigured side Lot Line Easements (and any previously identified or platted Lot Line Easements
shall be then automatically released without the need for re-platting). The Owner of the reconfigured Lot
shall be solely responsible for reimbursement to the utility for any and all costs of relocating any existing
facilities affected by the reconfiguration of the Lot. Notwithstanding anything to the contrary herein, (i)
any easements granted to the County shall require the prior written consent of the County prior to removal
or relocation; and (ii) any easements granted to a utility shall require the consent of the utility prior to
relocation and further the relocation of such utility easement shall be at the Owner's expense. The
Declarant reserves the right to reconfigure without the need for re-platting, or, at the Developer's option
to re-plat, any one or more Lots and adjacent Common Property to create a modified Lot or Lots, and/or
to decrease or combine Lots by reconfiguration as set forth herein with or without re-platting, in the
Declarant's sole and absolute discretion, and to convey such combined or reduced Lots with reconfigured
boundaries all as set forth herein. Notwithstanding anything to the contrary herein, nothing contained
herein shall limit or impair, in anyway whatsoever, Declarant's rights to develop the Subdivision,
including re-platting and reconfiguring Lots and Common Property as well as developing adjacent
parcels, such as Future Development Tract 200, as per Plat thereof, and incorporating same into this
Subdivision as a new plat,re-plat and/or new phase of the Subdivision.
10.20. Conservation Easements. The following acts and activities are expressly
prohibited within the boundaries of any areas designated on the Plat as Conservation Easements, (if any),
without the prior consent of the County; provided however, all construction, activities and use of the
Conservation Easement consistent with the approved Preliminary and Final Site Plans and Construction
Drawings for the Property shall be permitted uses of the Conservation Easement area without further
consent by the County:
a) Construction or placing of buildings,roads,signs,billboards or other advertising,or other
structures on or above the ground.
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b) Construction or placing of utilities on, below or above the ground without appropriate
local, state and federal permits or other authorization.
c) Dumping or placing of soil or other substances or material as landfill or dumping or
placing trash,waste,unsightly or offensive materials.
d) Removal, mowing, or trimming of trees, shrubs or other vegetation, except for permitted
maintenance.
e) Excavation, dredging or removal of loam, peat, gravel, soil, rock or other material
substances in such manner as to affect the surface.
f) Surface use except for purposes that permit the land or water areas to remain in its natural
condition.
g) Any activity detrimental to drainage, flood control, water conservation, erosion control,
soil conservation or fish and wildlife habitat preservation.
h) Acts or uses detrimental to such retention of land or water areas.
i) Application of fertilizers,pesticides,or herbicides
10.21 Signs. No sign of any kind shall be displayed on any Lot except as follows:
a) Individual, ornamental house number and name plates may be displayed, provided their
size, color, design, and location is approved by the ARC. Either Developer or the ARC
may require the use of standard house number and name signage.
b) During the course of construction of a home on a Lot, a construction sign not exceeding
four square feet identifying the builder may be displayed on the Lot. Such sign shall be
promptly removed upon issuance of a Certificate of Occupancy by the County for the
home.
c) Other signs may be displayed if such signs are approved by the Developer as to size,
design,location and content.
10.22 Temporary Structures. No structure of a temporary character, whether a
trailer, tent, shack, garage, barn or any other such building, shall be placed on any Lot, provided,
however, a temporary construction trailer and/or a storage or out-building for materials and supplies may
be used in connection with and during the construction of a dwelling provided that any such temporary
structure shall be removed immediately from the Lot upon the completion of such construction.
10.23 Completion of Construction and Repairs. The construction of any new
building or the repair of the exterior of any building damaged by fire or otherwise shall be completed with
reasonable promptness.
10.24 Sales Office of Declarant. Notwithstanding anything in this Declaration to the
contrary, Declarant may construct and maintain a sales office, together with any and all marketing signs
relating thereto, on Lots and in the Common Property, including all street right of ways, of its choosing
until such time as all of the Lots have been sold by Declarant. Declarant's sales office and marketing
signs and location shall not be required to undergo Architectural Review. Declarant may maintain a
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garage sales office consisting of a garage with french doors facing the street, or such other sales office as
Declarant deems appropriate in Declarant's sole and absolute discretion. In addition,Declarant may place
sales and other promotional signs on all of the entrances, roadways and all other Common Property as
Declarant may choose, until such time as all of the Lots have been sold by Declarant. For so long as
Declarant owns one (1) Lot in the Subdivision, at no time may the Association deny, limit or restrict
access to the Subdivision in anyway to Declarant or any of its invitees, construction and development
crews, sales and marketing personnel, or proposed customers; and if such access is ever denied, limited or
restricted in any manner deemed harmful in Declarant's sole and absolute discretion, then Association
shall immediately cure same to Declarant's immediate and complete satisfaction.
10.25 Garage or Yard Sales. No garage or yard sale, including any estate or similar
sale conducted inside a Dwelling Unit, may be conducted on any Lot within the Subdivision without the
prior written approval of the Association. The Association shall have the authority to prescribe
reasonable rules and regulations for the conduct of any such sale, including, without limitation, rules
regarding the manner of conducting such sales, permitted frequency, duration, hours and the type, size,
location and number of signs advertising such sales. The Association may authorize a specific date or
dates for garage and yard sales within the entire Subdivision,or any Neighborhood, and may limit garage
or yard sales to those dates. The failure of an Owner to observe such rules and regulations shall be
grounds for the Association to withhold its approval of any future sales by such Owner, as well as the
imposition of fines or other sanctions as authorized in this Declaration.
10.26 Easements& Lot Line Easements. Easements shall be as set forth on any Plat
for Marquesa Isles of Naples and as set forth herein this Declaration. All easements referenced herein this
Declaration shall be in addition to all other easements as referenced on the Plats. All easements herein
and on the Plat not specifically labeled as "public" shall be deemed private easements. "Lot Line
Easements" are hereby reserved for the Declarant, its successors, assigns, agents and invitees, for access,
ingress/egress, installation of utilities, and installation, construction and other uses associated with the
development of the Subdivision, Common Property and adjacent Lots. Lot Line Easements shall be a
minimum of ten (10) feet along the front of each Lot, five (5) feet along the sides of each Lot [provided
however, for the Paired Villas, the side Lot Line Easements shall not apply to the party wall side], and
fifteen (15) feet along the rear of each Lot. Within those easements no structure, planting or other
materials shall be placed or permitted to remain which may damage or interfere with the installation and
maintenance of utilities or which may change the direction, obstruct or retard the flow of water through
drainage channels in the easements,or interfere with Declarant's construction of the Subdivision,adjacent
Lots and Common Property. The easement area of each Lot and all improvements therein shall be
maintained by the Owner, at Owner's sole cost and expense,except for those improvements and facilities
for which the Association,or a public authority or utility company is responsible.
10.27 Elevations. All proposed building finished floor elevations are to be a minimum
of eighteen (18) inches above the crown of the adjacent roadway or if within the 100-year flood plain, a
minimum of one (1) foot above the 100-year flood elevation and comply with all other FEMA
requirements. Any encroachment of the 100-year flood plain or flood way shall be mitigated in
accordance with FEMA and the County's standards.
10.28 Docks. No boat docks, common boat dock or boat ramps are permitted within
this Subdivision,and no boats, canoes, electric boats or watercraft of any nature or type shall be permitted
on or within any of the Property or any lakes constructed thereon, unless located within an enclosed
garage.
10.29 Leases/Rentals. No portion of a Lot or Unit(other than an entire Lot and Unit)
may be rented. All leases shall be in writing and shall provide (or be automatically deemed to provide)
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that the Association shall have the right to terminate the lease in the name of and as agent for the
lessor/landlord upon default by lessee/tenant in observing any of the provisions of this Declaration, as
same may be amended, the Articles of Incorporation and By-Laws of the Association and its applicable
rules and regulations or other applicable provisions of any agreement, document or instrument governing
the Subdivision or as administered by the Association. The leasing of Lots and Units shall also be subject
to the prior written approval of the Association, which approval shall not be unreasonably withheld and
which shall be deemed given if the Association does not deny approval within fifteen (15) days of its
receipt of a written request for approval together with a copy of the proposed lease and all supporting
information reasonably requested by the Association. No Unit or Lot may be leased/rented for a term of
less than six (6) consecutive months, nor more than twice per year, without (i) written approval of the
ARC, which may be granted, withheld, or conditioned at its sole and absolute discretion, or (ii) specific
written approval by the Declarant or Developer (which may be granted, withheld, or conditioned at its
sole and absolute discretion), which written approval shall be recorded in the Public Records of Collier
County, Florida; provided however, the provisions set forth herein shall not apply to the Developer's
leasing of any Unit or Lot owned and/or controlled by Developer.
Owners wishing to lease their Lots and Units (i) shall be required to obtain and provide to the
Association a contract for providing landscaping and irrigation services to the Lot or Unit,and(ii)may, if
the Board so elects, be required to place in escrow with the Association a sum of up to $500.00 which
may be used by the Association to repair any damage to the Common Areas or other portions of the
Subdivision resulting from acts or omissions of lessees/ tenants (as determined in the sole and absolute
discretion of the Association). The Association shall not be required to pay or remit any interest on any
such escrowed funds. The Owner will be jointly and severally liable with the tenant to the Association
for any amount in excess of such sum that is required by the Association to effect such repairs or to pay
any claim for injury or damage to property caused by the negligence of the lessee/tenant. Any balance
remaining in the escrow account, less an administrative charge not to exceed$50.00 and exclusive of any
interest retained by the Association, shall be returned to the Owner within sixty (60) days after the tenant
vacates the Unit. It shall be the Owner's responsibility to require that its tenants comply with this
Declaration and all rules and regulations of the Association.
10.30. Awnings. No awnings are permitted on any structures within the Lots unless
approved by the ARC.
10.31. Play Equipment. No play equipment, tot lots or similar structures shall be
permitted on the Lots unless approved by the ARC.
10.32. Decks. No decks shall be permitted unless approved by the ARC.
10.33. Screened or Enclosed Porches. All screened and/or enclosed porches shall be
approved by the ARC.
10.34. Storm Shutters. Storm shutters may only be placed on a structure once a Storm
Warning is issued by the appropriate governmental authority and shall not remain on the structure for
more than seven(7) day after the storm event; provided however, clear storm shutters may remain on the
structures for a reasonable period of time while the Lot Owner(s)is not present.
10.35 Nature Trails. Nature trails and boardwalks, if any, permitted and constructed
within the Property shall be constructed in such a way to comply with any applicable Conservation
Easements and approved site plans, and further, shall be constructed of such materials and in such a way
as determined by Developer, in its sole and absolute discretion, to allow the land and water area below to
remain predominantly in its natural condition.
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10.36 No Mining or Exploration. No Owner shall permit or consent to any mining or
exploration for oil,gas,minerals or the like on,within or under any Lot.
10.37. Gate Transponders. All transponders or similar devices (if any) used to
operate any gates or fences on the Property shall be and remain the property of the Association. If
applicable, each Lot may be provided two (2) transponders. Additional transponders may be provided at
the Owner's request and expense. In the event an Owner loses, misplaces, destroys or damages the
transponders, the Association shall charge the Owner all costs, including any administrative costs,
associated with replacing the transponder. Transponders shall be surrendered to the Association by the
Owner upon demand.
10.38. Subdivision's Central Irrigation System & Mandatory Lot Irrigation
System.
(a) Water. The Association, for itself and its successors, transferees, designees and
assignees, is hereby granted the exclusive ownership of, and right to control the use of all of the waters
(surface and sub-surface) on, under, within, beneath, or in any way connected to or with the Property
(excluding potable and reclaimed water provided by a municipal or similar source), including, without
limitation, (i) water located on the surface of the Property from time to time within any natural or man
made feature, drainage,retention or stormwater ponds or lakes, (ii)water pumped onto or delivered to the
Property by any natural causes, or any third party in any manner, and(iii) subsurface water located under
or beneath the Property, including any portion thereof brought to the surface by pumps, natural or any
other cause(hereinafter the"Water").
(b) Restrictions. No use of the Water may be made by any person or entity which
acquires an interest in the Property, or any other person or entity without the Association's prior written
consent, which consent may be withheld for any reason deemed sufficient by the Association; but
provided however, for so long as Declarant owns or controls at least one (1) Lot in the Subdivision for
sale in the ordinary course of business, then Declarant may control and use the Water without
Association's prior written consent.
(c)Easements. The Association and Declarant shall have easements for the benefit of the
Association and Declarant, and their employees, subcontractors, successors, transferees, licensees, and
assigns in, on, under, through or over all the Property in the Subdivision, as may be expedient or
necessary for (i) access to and use of the Water as reserved herein and (ii) installing, operating and
maintaining equipment, and ingress and egress to all of the Association's or Declarant's equipment, and
connecting any water, or effluent water lines within the Property to additional properties, as may be
brought under this Declaration by Declarant. The easements herein described shall be perpetual and at all
times inure to the benefit of and be binding upon the Association, the Declarant, and all of their grantees
and respective successors,transferees,designees,and assigns.
(d) Central Irrigation System and Lot Irrigation System. Each Lot is required to have an
automated lawn irrigation system with automated timers (the"Lot Irrigation System"). The Lot Irrigation
Systems shall be connected to the Central Irrigation System of the Subdivision, which Central Irrigation
System is owned, operated and maintained by the Association. The Central Irrigation System is defined
as the community master irrigation system supplying the Water for irrigation of all Property within the
Subdivision. All costs incurred by the Association associated with paying for and/or providing irrigation
water, facilities for irrigation and any and all maintenance of irrigation facilities shall be paid by Lot
Owners as an Assessment. It is anticipated that the Central Irrigation System shall be connected to wells
beneath the Property to be used for supplying the community's irrigation water. The Lot Irrigation
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System shall be installed and connected to the Central Irrigation System and/or any County
reuse/reclaimed irrigation lines at the time of original construction of Lot improvements at the cost and
expense of the Owner of such Lot, and the Lot Irrigation System shall be maintained by each Lot Owner
at his sole cost and expense. The design and specification of materials used for the Lot Irrigation System
and its connection to the Central Irrigation System for each particular Lot shall be as specified and
approved by the Declarant and after Turnover by the Association. In order to ensure the efficient
operation of the Central Irrigation System and the individual Lot Irrigation Systems, the timer settings for
each individual Lot Irrigation System shall be set in accordance with a watering schedule as established
by the Association,which schedule shall be adjusted from time to time. All Lot Owners shall abide by all
rules, regulations and specifications of the Association by setting the timers of the Lot Irrigation System
in accordance with the Association's guidelines and maintaining same in a good and proper working
order. All costs and expenses of the Association associated with the use, in any way, of the Central
Irrigation System, including the use of Water supplied to any of the Property shall be included in the
budget of the Association as an Assessment. The respective obligations for maintenance, repair and
replacement of the Central Irrigation System and the Lot Irrigation Systems shall be as follows:
(i) All components of the Central Irrigation System not located within a Lot up to
the point of connection to each Lot(but not including the separate Lot Irrigation Systems
of the Lot Owners on their respective Lots) shall be owned and maintained by the
Association;provided,however, the Owner of a Lot shall do nothing to interfere with the
operation of the Central Irrigation System, and shall be liable to the Association for any
damage to the Central Irrigation System caused by the willful acts or negligence of such
Owner, his tenants and their respective families, guests, contractors, licensees and
invitees. The Declarant and the Association, and their employees, subcontractors, and
agents, shall have the right to enter upon any Lot to (i) monitor and set Lot Irrigation
System timers; and (ii) inspect, maintain, repair and replace portions of the Central
Irrigation System on such Lot, and shall have the right to relocate such installations from
time to time.
(ii) All components of the Lot Irrigation System and automatic timers up to the point
of connection to the Central Irrigation System shall be regularly and properly maintained,
repaired and replaced at the sole cost and expense of the Owner of such Lot.
10.39. Compliance with Site Plans,Construction Drawings and Other Development
Approvals. The Association and all Lot Owners shall comply with any and all approved site plans,
construction drawings, development approvals, permits, authorizations and the like (the "Permits")
affecting the Subdivision in anyway, including but not limited to, required participation in any shared
maintenance obligations as may be required by and set forth in the Permits requiring the Association and
Lot Owners to share and participate in any costs, expenses and obligations for shared maintenance of
properties owned by third parties adjacent to the Subdivision, including roadway and utility participation
agreements.
ARTICLE 11
COMPLIANCE WITH CODE
The following provisions are mandated by the Code and are applicable to the Subdivision.
11.01. Alternate Maintenance by County. In the event the Association fails to
maintain the Common Property in reasonable order and condition in accordance with applicable
governmental approvals, the provisions of the Code allow for the County, upon specified notice and
hearing, to enter the Common Property for the purpose of maintaining same. The cost of such
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maintenance by the County shall be assessed pro-ratedly against the Lots and such charges are payable by
the Owners within sixty (60) days after receipt of a statement therefor from the County, and if unpaid at
the end of such period shall become a lien on the Lots. The County has no obligation to perform
maintenance.
11.02. Further Disposition of Common Property. With respect to such portions of
the Common Property or any interest therein that may be deemed required common open space under
applicable governmental regulations, subsequent to the conveyance to the Association, there shall be no
further disposition of such Common Property that is real property by sale, dissolution of the Association
or otherwise, except to an organization conceived and organized to own and maintain such property
without first offering to dedicate the same to the County or other appropriate governmental agency;
provided however,this provision shall not prohibit or restrict in anyway the Declarant from re-platting the
Subdivision and/or reconfiguring the Common Property as reasonably necessary to develop the
Subdivision.
11.03. Disturbance of Common Property. No portion of the Common Property shall
be denuded, defaced or otherwise disturbed in any manner at any time, except for maintenance, repair,
improvement and further development (which includes replatting, reconfiguration of Common Property
for development purposes and the like),without the prior written approval of both the Association and the
director of the County Planning, Permitting and Inspection Department, or such successor agency as may
assume the duties of that department.
11.04. Right of Entry by County. A right of entry upon the Common Property is
hereby granted to the County and other governmental law enforcement officers, health and pollution
control personnel, emergency medical service personnel, and firefighting personnel, and to governmental
suppliers of utilities, while in pursuit of their duties. The right of entry will be governed by a Right of
Entry and Compliance with Collier County Land Development Code Agreement, attached hereto as
Exhibit F.
11.05. Compliance with Law. Notwithstanding any other provision of this Declaration
to the contrary,there shall be no violation of federal, state or local law permitted within the Subdivision.
11.06. Required Materials. The Code mandates certain documents be submitted to the
planning director of the County, which documents must be reviewed and approved by the planning
director and, once approved, said documents must be recorded as part of the documentation for the
Subdivision. The following described documents have been submitted, reviewed and approved by the
planning director in accordance with the Code, and are attached hereto as exhibits in compliance with the
Code.
(a) Attached hereto as Exhibit "B" is a Fiscal Program for the Association
for a period of ten (10) years. The Fiscal Program reflects funds estimated to be adequate for the
maintenance and care of the Common Property under the ownership or control of the Association. The
Fiscal Program is in part based upon the assumption that the Association will follow the maintenance
program described below. This Fiscal Program is a good faith estimate and may be changed by the
Declarant and/or Association as reasonably necessary without further notice.
(b) There is attached hereto as Exhibit "C" a Maintenance Program
providing a recommended program for the maintenance of all major facilities to be maintained by the
Association.
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(c) There is attached hereto as Exhibit"D" a proposed Notice to Buyer that
will be given to prospective buyers regarding the flood zone determinations, organization of the
Association,Assessments and the Fiscal Program.
(d) There is attached hereto as Exhibit"E" a List of Holdings of the Initial
Property subject to the Plat, reflecting a listing of all lands, buildings, equipment, and facilities, as
proposed.
11.07. Limitation. The Maintenance Program and Fiscal Program are estimates only
prepared by the Declarant based upon its experience,and reviewed and approved by the planning director
of the County. The actual Maintenance Program will be as determined by the Association in accordance
with this Declaration and the actual budget and amount of Assessments will be as determined by the
Association in accordance with this Declaration. All amounts reflected on the Fiscal Program are
estimates only, based on currently anticipated costs without taking into consideration the fluctuating
purchasing power of the United States dollar. Such amounts can reasonably be expected to fluctuate with
time, the economy, market conditions and in response to actual (as opposed to estimated or assumed)
experience, unexpected circumstances, and specific services and levels of service determined by the
Association. There is no guarantee, representation or warranty, either express or implied, by either the
Declarant or the County of the figures contained in the Fiscal Program, nor is the Maintenance Program
represented or warranted as representative of the actual maintenance that will be required. No one to
whom the precision of these figures or programs is of any consequence should enter a purchase agreement
to acquire a Lot in the Subdivision except with a full understanding of the purpose and nature of such
materials.
11.08. Limitation on Amendment. Notwithstanding any other provision in this
Declaration to the contrary,neither this Article 11 nor any provision of this Declaration directly affecting
this Article 11 may be amended without the written consent of the County.
ARTICLE 12
GENERAL PROVISIONS
12.01. Enforcement. Subject to the provisions set forth herein this Article 12, the
Declarant, Association or any Owner shall have the right to enforce by proceedings at law or in equity all
restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the
provisions of this Declaration or any amendment hereto, including the right to prevent the violation of any
such provisions and the right to recover damages for such violations;provided,however,that with respect
to Assessments and Assessment liens, the Association, on determination of the Board, shall have the
exclusive right to the enforcement thereof. Notwithstanding anything to the contrary herein this
Declaration, no enforcement proceedings may be maintained by the Owners of fewer than fifteen (15)
Lots, and further provided, no enforcement proceedings by Lot Owners may be brought, exclusive of a
proceeding by the Association,unless and until the provisions of Article 12.13 have been fully satisfied as
a condition precedent to the bringing of the enforcement proceeding. Failure of the Association, or any
Owner, to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of
the right to do so thereafter.
12.02. Severability,Article& Section Headings & Venue. Invalidation of any part of
this Declaration by a court of competent jurisdiction shall not affect any other provisions, which shall
remain in full force and effect. Article and section headings have been inserted for convenience only and
shall not be considered in interpretation or construction of the document. This Declaration shall be
construed under the laws of Florida,and shall not be construed more strongly against any party regardless
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(d) For so long as Declarant holds or controls at least one (1) Lot for sale in the
ordinary course of business, Declarant and its nominees shall have the right, at any time, to hold
marketing and promotional events within the Common Property and any common facilities,
without any charge for use. Declarant or its nominees, agents, affiliates, or assignees shall have
the right to market the Subdivision and Lots in advertisements and other media by making
references to the Subdivision, including,but not limited to, pictures or drawings of the Common
Property and common facilities,Lots and completed homes within the Subdivision.
(e) The Declarant, for so long as it is developing any property with the Project,
shall be permitted to grant variances to any provisions in the Declaration, including any
easements reserved therein and easements reserved on the Plat, such as but not limited to, Lot
Line Easements, as well as set backs and other restrictions that the Declarant deems necessary for
development.
(f) The Declarant and Developer shall be permitted to exercise all rights set forth
herein this Declaration without the consent or joinder of any Lot Owner, the Association or
mortgagee of any Lot.
(e) Declarant and Developer hereby reserve and are granted easements for ingress,
egress, access and use on,over,under, through and across all gates, entranceways,roadways,Lot
Lines (including Lot Line Easements), and all Common Property within the Subdivision, which
access and use easement shall continue until such time as Declarant and Developer no longer own
or control any Lot within the Subdivision. Declarant and Developer hereby reserve and are
granted an easement for access, ingress and egress onto any Lot within the Subdivision for
purposes associated with construction of dwelling units and other improvements associated with
the development of the Subdivision.
(f) No provision of this Declaration pertaining to Declarant's rights, which term
should be broadly defined and interpreted to include Declarant's easements, reservations,
authorizations, covenants and the like, may be amended, modified, changed, supplemented or
deleted without Declarant's prior written consent, which consent may be withheld in Declarant's
sole and absolute discretion.
12.09. Assignment by Declarant. Declarant's rights hereunder may be assigned to any
successor to all or any part of Declarant's interest in the Subdivision by express assignment incorporated
in a deed or by separate instrument. Declarant may designate in writing one or more successor developers
as to portions of the Subdivision, which instrument shall detail the extent and nature of the rights of
Declarant assigned thereby. After any such assignment is recorded among the Public Records, the
assignee shall stand in the place of Declarant as fully as if it had originally been the Declarant hereunder
to the extent of the assignment described therein,upon which the Declarant hereunder shall automatically
be released by the Association and its Members/Owners from any and all obligations or responsibilities
as a"Declarant"or"Developer"hereunder.
12.10. Rights of Mortgagees. The Association shall make available for inspection
upon request, during normal business hours and under reasonable circumstances, this Declaration, the
Articles, By-Laws and the books, records and fmancial statements of the Association to Owners and the
holders, insurers or guarantors of any first mortgages encumbering any portion of the Subdivision. Upon
written request to the Association, identifying the name and address of the holder, insurer or guarantor,
such holder,insurer or guarantor(the "Listed Mortgagee")of a mortgage encumbering a Lot and the legal
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description of such Lot,the Association shall provide such Listed Mortgagee with timely written notice of
the following:
(a) Any condemnation, loss or casualty loss that affects any material portion of the
Common Property;
(b) Any lapse, cancellation or material modification of any insurance policy or
fidelity bond maintained by the Association;
(c) Any proposed action which would require the consent of mortgagees holding a
mortgage encumbering a Lot;and
(d) Any failure by an Owner owning a Lot encumbered by a mortgage held, insured
or guaranteed by such Listed Mortgagee to perform his obligations under this
Declaration, including but not limited to, any delinquency in the payments of
Assessments, or any other charge owed to the Association by said Owner where such
failure or delinquency has continued for a period of sixty(60)days.
Any Listed Mortgagee shall,upon written request made to the Association,be entitled to
financial statements for the Association for the prior fiscal year free of charge and the same shall be
furnished within a reasonable time following such request.
12.11 Incorporation of the Land Use Documents. Any and all deeds conveying a
Lot shall be conclusively presumed to have incorporated therein all of the terms and conditions of this
Declaration and its exhibits, as amended, the Plat and any and all development approvals, Permits,
conditions and stipulations associated with the Marquesa Isles of Naples Project.
12.12 Release from Minor Violations. Where a building has been erected on a Lot or
the construction thereof substantially advanced, in such manner that the same constitutes a violation or
violations of the covenants set forth herein this Declaration, either the Declarant or the Board may and
each of them shall have the right at any time to release such Lot from such paragraph or paragraphs as are
violated, provided, however, that neither the Declarant or the Board shall release a violation or violations
unless same are determined to be minor by the Declarant or Board,in their sole and absolute discretion.
12.13 Dispute. In the event Lot Owners seek to bring enforcement proceedings at law
or in equity regarding the Declaration, restrictions, conditions, covenants,reservations,rules, regulations,
specifications, guidelines, standards, liens and charges now or hereafter imposed by the provisions of this
Declaration or any amendment hereto, including the right to prevent the violation of any such provisions
and the right to recover damages for such violations (except for enforcement of Assessments per Article
12.01), then as a condition precedent to the filing of such suit or proceeding at law or in equity, and in
addition to any pre-suit mediation requirements as provided in Chapter 720, Florida Statutes, the Lot
Owners shall refer the matter to the Association's Board for a final determination before filing a suit or
claim at law or in equity; at which time, all other provisions of this Declaration regarding pre-suit
conditions,notices and mandatory demand notices for mediation,including but not limited to all Attorney
Statement Letters,must be fully complied with and met.
12.14 Fines and Suspensions. Each Owner shall comply, and shall cause the Owner's
family, guests, tenants, and invitees to comply, with the restrictions and covenants, as well as all rules,
regulations, standards, guidelines, specifications, and the like, set forth in this Declaration, and any
amendments hereto, applicable to such Owner's Lot, as well as parking in the Subdivision streets and
right of ways and use of all Common Areas. Each Owner shall further comply, and shall cause the
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Owner's family, guests, tenants, and invitees to comply with the architectural criteria established by the
ARC and any and all rules and regulations established by the Association. Upon lack of compliance of an
Owner, or the Owner's family, guests, tenants and invitees, the Association may, in addition to all other
available remedies,impose a fine upon the Owner and/or suspend the rights of the Owner, or the Owner's
family,tenants,guests,or invitees,to use the Common Property pursuant to the following provisions:
(a) Notice. The Association shall afford an opportunity for hearing to the
Owner, after notice of not less than fourteen (14) days or such longer period as may be
required by law. The notice shall include a statement of the date, time, and place of the
hearing and a statement of the matters constituting the alleged violation. The hearing
shall be before a committee of at least three(3)members appointed by the Board who are
not officers, directors, or employees of the Association, or the spouse, parent, child,
brother or sister of an officer, director or employee. Notwithstanding anything to the
contrary herein, in the event the Association, in its reasonable discretion, deems the
violation of the Declaration, including all rules, regulations, standards, specifications,
guidelines and the like,to be an emergency, such as, but not limited to, a violation of the
Association's vehicle and parking restrictions, then the Association may declare the
violation an emergency and follow the procedures set forth in Section 7.05(a), above, to
immediately cure the violation without further notice, and any and all costs or expenses
incurred by the Association in curing the violation shall become a Special Assessment
against the Owner's Lot and a personal obligation of the Owner. All vehicle and parking
violations within the Subdivision shall be deemed emergency circumstances, and the
Board shall be authorized to immediately remove and tow the offending vehicle at the
vehicle owner's expense. Notwithstanding anything to the contrary herein, only a single
notice and hearing is required to permit the Association to impose additional and multiple
fines for each day the same or similar violation exists.
(b) Hearing. At the hearing, the Owner shall have the opportunity to review,
challenge, and respond to any material considered; to present evidence; and to provide
written and oral arguments on all issues involved.
(c) Imposition of Fine. The committee,by majority vote,may impose a fine
not in excess of the maximum amount permitted by law per day from the date of the
violation until such violation ceases; and further provided, there shall be no limitation as
to the aggregate amount of the fine. Only a single notice and hearing is required to permit
the Association to impose additional and multiple fines for each day the same or similar
violation exists. Any fine levied by the committee against an Owner shall be a Special
Assessment applicable to the Owner's Lot.
(d) Application of Fines. All proceeds received by the Association from
fines shall be applied to the payment of the Common Expenses, or as the Board in its
discretion may determine.
(e) Suspensions. In addition to or instead of imposing a fine,the committee,
by majority vote, may suspend the rights of the Owner, or the Owner's family, tenants,
guests,or invitees,to use the Common Property for a reasonable period of time.
(f) Nonexclusive Remedies. Fines and/or suspensions shall not be construed
as exclusive remedies and shall exist in addition to all other rights and remedies to which
the Association may be legally entitled at law or in equity; however, any fine paid by an
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Owner shall be deducted or offset against any damages that the Association may
otherwise be entitled to recover from Owner.
12.15. Notice as to On-Site and Off-Site Activities. ALL OWNERS,
OCCUPANTS, AND USERS OF THE PROPERTIES ARE HEREBY PLACED ON NOTICE THAT
DECLARANT AND OTHERS, WHETHER RELATED OR UNRELATED, MAY FROM TIME TO
TIME CONDUCT DEVELOPMENT, CONSTRUCTION, RANCHING, FARMING,
AGRICULTURAL, MINING, BLASTING, PLANT OPERATION AND OTHER ACTIVITIES NOT
NORMALLY ASSOCIATED WITH A RESIDENTIAL SUBDIVISION, EITHER WITHIN, NEARBY
OR WITHIN SIGHT OR SOUND OF THE PROPERTIES. SUCH ACTIVITIES MAY INCLUDE SITE
CLEARING (INCLUDING THE REMOVAL OF LARGE AMOUNTS OF TREES), BLASTING,
KEEPING OF LIVE STOCK, SPRAYING, FERTILIZING, EARTH MOVING, TRAFFIC-
GENERATING AND OTHER PRACTICES CREATING UNSIGHTLY CONDITIONS, NOISE (AT
ALL HOURS)AND DISTURBING ODORS.
ALL OWNERS, OCCUPANTS AND USERS OF THE PROPERTIES ARE HEREBY
NOTIFIED OF THE FOREGOING ACTIVITIES AND, BY ACCEPTANCE OF TITLE TO THEIR
RESPECTIVE PORTIONS OF THE PROPERTY OR MAKING ANY USE THEREOF,
AUTOMATICALLY ACKNOWLEDGE, STIPULATE AND AGREE (i) THAT NONE OF THE
AFORESAID ACTIVITIES SHALL BE DEEMED NUISANCES OR NOXIOUS OR OFFENSIVE
ACTIVITIES HEREUNDER OR AT LAW GENERALLY, (ii) NOT TO ENTER UPON, OR ALLOW
THEIR CHILDREN OR OTHER PERSONS UNDER THEIR CONTROL OR DIRECTION TO ENTER
UPON (REGARDLESS OF WHETHER SUCH ENTRY IS A TRESPASS OR OTHERWISE) ANY
PROPERTY WITHIN OR IN PROXIMITY TO THE AREAS WHERE SUCH ACTIVITIES ARE
BEING CONDUCTED (EVEN IF NOT BEING ACTIVELY CONDUCTED AT THE TIME OF
ENTRY, SUCH AS AT NIGHT OR OTHERWISE DURING NON-WORKING HOURS), (iii)
DECLARANT AND ANY OTHER PARTY CONDUCTING OR PARTICIPATING IN SUCH
ACTIVITIES SHALL NOT BE LIABLE FOR ANY LOSSES, DAMAGES (COMPENSATORY,
CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURIES OR DEATHS ARISING FROM OR
RELATING TO THE AFORESAID ACTIVITIES,(iv)ANY PURCHASE OR USE OF ANY PORTION
OF THE PROPERTIES HAS BEEN AND WILL BE MADE WITH FULL KNOWLEDGE OF THE
FOREGOING AND (v) THIS ACKNOWLEDGMENT AND AGREEMENT IS A MATERIAL
INDUCEMENT TO DECLARANT TO SELL, CONVEY, LEASE AND/OR ALLOW THE USE OF
THE APPLICABLE PORTION OF THE PROPERTIES.
LANDS NEARBY OR WITHIN SIGHT OR SOUND OF THE SUBDIVISION MAY BE USED
FOR AGRICULTURAL AND OTHER NON-RESIDENTIAL PURPOSES, INCLUDING, WITHOUT
LIMITATION, DEVELOPMENT, CONSTRUCTION, RANCHING, FARMING, AGRICULTURE,
MINING, BLASTING, PLANT OPERATION, COMMERCIAL AND/OR INDUSTRIAL USES, AND
OTHER ACTIVITIES NOT NORMALLY ASSOCIATED WITH A RESIDENTIAL SUBDIVISION.
SUCH ACTIVITIES MAY INCLUDE SITE CLEARING (INCLUDING THE REMOVAL OF LARGE
AMOUNTS OF TREES), BLASTING, KEEPING OF LIVE STOCK, SPRAYING, FERTILIZING,
EARTH MOVING, TRAFFIC-GENERATING AND OTHER PRACTICES CREATING UNSIGHTLY
CONDITIONS, NOISE (AT ALL HOURS) AND DISTURBING ODORS. LANDS NEXT TO THE
SUBDIVISION MAY ALSO INCLUDE IMPACTS RELATING TO THE USE OF AIRCRAFT AND
OTHER DEVICES ASSOCIATED WITH LOCAL GOVERNMENT MOSQUITO CONTROL
DISTRICTS AND THE LIKE, INCLUDING, BUT NOT LIMITED TO, AIRCRAFT NOISE,
VIBRATIONS, ODORS, VAPORS, EXHAUST, SMOKE, DUST, EMISSION OF PESTICIDES, AND
OTHER EFFECTS INHERENT IN THE OPERATION OF AIRCRAFT OVER AND THROUGH
AIRSPACE ABOVE AND ADJACENT TO THE SUBDIVISION,INCLUDING THE OPERATION OF
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HELIPADS AND RUNWAYS. DEVELOPER MAKES NO REPRESENTATIONS TO ANY LOT
OWNER AS TO THE NATURE OF CURRENT AND FUTURE USES OF ADJACENT PROPERTY.
12.16. Notices and Disclaimers as to Water Bodies,Common Areas, and
Other Matters. NEITHER DECLARANT, THE DEVELOPER, THE ASSOCIATION, NOR ANY OF
THEIR OFFICERS, DIRECTORS, COMMITTEE MEMBERS, EMPLOYEES, MANAGEMENT
AGENTS, CONTRACTORS OR SUBCONTRACTORS (COLLECTIVELY, THE "LISTED
PARTIES") SHALL BE LIABLE OR RESPONSIBLE FOR MAINTAINING OR ASSURING THE
SAFETY, WATER QUALITY OR WATER LEVEL OF/IN ANY LAKE, POND, CANAL, CREEK,
STREAM OR OTHER WATER BODY WITHIN THE PROPERTIES, EXCEPT AS SUCH
RESPONSIBILITY MAY BE SPECIFICALLY IMPOSED BY, OR CONTRACTED FOR, WITH AN
APPLICABLE GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY OR AUTHORITY.
FURTHER, NONE OF THE LISTED PARTIES SHALL BE LIABLE FOR ANY PROPERTY
DAMAGE, PERSONAL INJURY OR DEATH OCCURRING IN, OR OTHERWISE RELATED TO,
ANY WATER BODY,ALL PERSONS USING SAME DOING SO AT THEIR OWN RISK.
ALL OWNERS AND USERS OF ANY PORTION OF THE PROPERTIES LOCATED
ADJACENT TO OR HAVING A VIEW OF ANY OF THE AFORESAID WATER BODIES SHALL
BE DEEMED, BY VIRTUE OF THEIR ACCEPTANCE OF THE DEED TO OR USE OF, SUCH
PROPERTY, TO HAVE AGREED TO RELEASE THE LISTED PARTIES FROM ALL CLAIMS FOR
ANY AND ALL CHANGES IN THE QUALITY AND LEVEL OF THE WATER IN SUCH BODIES.
ALL PERSONS ARE HEREBY NOTIFIED THAT FROM TIME TO TIME ALLIGATORS,
SNAKES, MICE AND OTHER WILDLIFE (AS DEFINED IN ARTICLE 4.05) MAY HABITAT OR
ENTER INTO WATER BODIES, COMMON PROPERTY, LOTS AND DWELLING UNITS WITHIN
OR NEARBY THE PROPERTIES AND MAY POSE A THREAT TO PERSONS, PETS AND
PROPERTY, BUT THAT THE LISTED PARTIES ARE UNDER NO DUTY TO PROTECT
AGAINST, AND DO NOT IN ANY MANNER WARRANT OR INSURE AGAINST, ANY DEATH,
INJURY OR DAMAGE CAUSED BY SUCH WILDLIFE.
THE LISTED PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR MAINTAINING
OR ASSURING THE SAFETY OF, OR TO PROVIDE SUPERVISORY PERSONNEL FOR ANY
LAKE, RECREATION AREA, NATURE AREA OR ANY OTHER COMPONENT OF THE
COMMON AREAS OR THE PROPERTIES, EXCEPT AS SUCH RESPONSIBILITY MAY BE
SPECIFICALLY IMPOSED BY, OR CONTRACTED FOR WITH, AN APPLICABLE
GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY OR AUTHORITY. ANY OWNER
OR INDIVIDUAL USING SUCH AREAS SHALL DO SO AT HIS/HER OWN RISK AND HEREBY
FOR HIMSELF/HERSELF AND HIS/HER FAMILY MEMBERS, TENANTS, AND GUESTS,
AGREES TO INDEMNIFY AND HOLD THE LISTED PARTIES HARMLESS FROM AND
AGAINST ANY AND ALL CLAIMS OR LOSSES,PROPERTY DAMAGE,PERSONAL INJURY OR
DEATH ARISING FROM SUCH USE.
THE LISTED PARTIES SHALL NOT BE LIABLE FOR LOSS OR DAMAGE TO PROPERTY
OR FOR PERSONAL INJURY OR DEATH ARISING DIRECTLY OR INDIRECTLY FROM ENTRY
BY ANY PERSON INTO THE PROPERTIES OR FROM THE CONSEQUENCES ARISING FROM
SUCH ENTRY. EVERY OWNER OR INDIVIDUAL SHALL BE RESPONSIBLE FOR THEIR OWN
SECURITY AND PERSONAL PROTECTION AND HEREBY FOR HIMSELF/HERSELF AND
HIS/HER FAMILY MEMBERS, TENANTS, AND GUESTS, AGREES TO INDEMNIFY AND HOLD
THE LISTED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS OR LOSSES,
PROPERTY DAMAGE, PERSONAL INJURY INCLUDING DEATH ARISING DIRECTLY OR
INDIRECTLY FROM ENTRY BY PERSONS INTO THE PROPERTIES OR FROM THE
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CONSEQUENCES ARISING FROM SUCH ENTRY. REGARDLESS OF WHETHER THE
PROPERTY HAS A GATE, SECURITY DEVICE, SECURITY CAMERA, SECURITY PERSONNEL,
IS MONITORED, OR THE LIKE, DECLARANT, DEVELOPER AND ASSOCIATION MAKE NO
REPRESENTATION OR WARRANTY, WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AS
TO THE SAFETY OF ANY OWNER AND HIS GUEST INCLUDING THE SAFETY OF ANY
PROPERTY, AND ALL OWNERS AND THEIR GUESTS SHALL USE SUCH PROPERTY AND
ENTER THE SUBDIVISION AT HIS OWN RISK.
THE LISTED PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR OR MAKE ANY
GUARANTY OR WARRANTY WITH REGARD TO THE INSTALLATION, MAINTENANCE AND
OPERATION OF ANY THIRD PARTY EQUIPMENT, FACILITIES, SYSTEMS AND RELATED
IMPROVEMENTS, INCLUDING, WITHOUT LIMITATION, UTILITY FACILITIES, WATER AND
SEWER UTILITY FACILITIES, AND LIFT STATION EQUIPMENT (HEREINAFTER REFERRED
TO AS "THIRD PARTY UTILITIES"), EXCEPT AS SUCH RESPONSIBILITY MAY BE
SPECIFICALLY IMPOSED BY, OR CONTRACTED FOR WITH, AN APPLICABLE
GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY OR AUTHORITY. THE LISTED
PARTIES SHALL NOT BE LIABLE FOR LOSS OR DAMAGE TO PROPERTY OR FOR PERSONAL
INJURY OR DEATH ARISING DIRECTLY OR INDIRECTLY FROM THE INSTALLATION,
MAINTENANCE OR OPERATION OF ANY SUCH THIRD PARTY UTILITIES. EVERY OWNER
OR INDIVIDUAL SHALL BE RESPONSIBLE FOR THEIR OWN USAGE OF AND RELIANCE
UPON SUCH THIRD PARTY UTILITIES AND HEREBY FOR HIMSELF/HERSELF AND HIS/HER
FAMILY MEMBERS, TENANTS, AND GUESTS, AGREES TO INDEMNIFY AND HOLD THE
LISTED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS OR LOSSES
ARISING DIRECTLY OR INDIRECTLY FROM THE INSTALLATION, MAINTENANCE AND
OPERATION OF SUCH THIRD PARTY UTILITIES.
THE LISTED PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR OR MAKE ANY
GUARANTY OR WARRANTY WITH REGARD TO THE NATURAL GROWTH OF ANY TREES
OR OTHER LANDSCAPING INSTALLED ON THE PROPERTY AND FOR ANY IMPACT THAT
SUCH GROWTH MAY IMPART ON SIDEWALKS, UTILITIES, FOUNDATIONS OR OTHER
IMPROVEMENTS CONSTRUCTED ON THE LOTS.
LANDS WITHIN THE STATE OF FLORIDA, INCLUDING MARQUESA ISLES OF
NAPLES,HAVE HISTORICALLY BEEN WIDELY USED FOR AGRICULTURAL PURPOSES AND
CONTINUE TO BE USED FOR SUCH PURPOSES. ALL OR PART OF THE PROPERTY ON
WHICH THE SUBDIVISION IS BEING DEVELOPED IS KNOWN TO HAVE BEEN USED AT
SOME TIME FOR AGRICULTURAL PURPOSES, WHICH, IN ALMOST ALL CASES, WOULD
HAVE INVOLVED THE USE OF SOME FORMS OF PESTICIDES, HERBICIDES, FERTILIZERS
OR OTHER AGRICULTURAL AGENTS. REMNANTS OF THESE COMPOUNDS AND THEIR
DERIVATIVES, INCLUDING, WITHOUT LIMITATION, PHOSPHATES, NITRATES, NITRITES,
ARSENIC, CHROMIUM, LEAD AND PESTICIDES ARE MOST CERTAINLY PRESENT IN THE
SOIL AND WATER WITHIN FORMER AGRICULTURAL AREAS AND EXPOSURE TO THESE
AGENTS MAY PRESENT POTENTIAL HEALTH RISKS. EXPOSURE TO THESE AGENTS MAY
OCCUR THROUGH CONTACT WITH THE SOIL AND GROUNDWATER. NO GROUND
DISTURBANCE, DIGGING OR EXCAVATION OF EIGHTEEN INCHES OR MORE DEEP SHALL
BE PERMITTED ON A LOT OR ANYWHERE WITHIN THE SUBDIVISION PROPERTY
WITHOUT PRIOR APPROVAL OF THE ARC AND SAME SHALL BE CONDUCTED IN
CONFORMITY WITH ALL ARC RULES REGARDING DIGGING AND EXCAVATION. ALL
PERSONS, BUT ESPECIALLY INFANTS, CHILDREN, AND WOMEN WHO ARE PREGNANT OR
MAY BECOME PREGNANT, SHOULD NOT BE EXPOSED TO SOIL OR WATER OF UNKNOWN
CONTENT.
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LANDS NEARBY OR WITHIN SIGHT OR SOUND OF THE SUBDIVISION MAY BE USED
FOR AGRICULTURAL AND OTHER NON-RESIDENTIAL PURPOSES, INCLUDING, WITHOUT
LIMITATION, DEVELOPMENT, CONSTRUCTION, TRANSPORTATION, RANCHING,
FARMING, AGRICULTURE, MINING, BLASTING, PLANT OPERATION AND OTHER
ACTIVITIES NOT NORMALLY ASSOCIATED WITH A RESIDENTIAL SUBDIVISION. SUCH
ACTIVITIES MAY INCLUDE SITE CLEARING (INCLUDING THE REMOVAL OF LARGE
AMOUNTS OF TREES), BLASTING, KEEPING OF LIVE STOCK, SPRAYING, FERTILIZING,
EARTH MOVING, TRAFFIC-GENERATING AND OTHER PRACTICES CREATING UNSIGHTLY
CONDITIONS,NOISE(AT ALL HOURS)AND DISTURBING ODORS.
RADON IS A NATURALLY OCCURRING RADIOACTIVE GAS THAT, WHEN IT HAS
ACCUMULATED IN A BUILDING OR UNIT IN SUFFICIENT QUANTITIES, MAY PRESENT
HEALTH RISKS TO PERSONS WHO ARE EXPOSED TO IT OVER TIME. LEVELS OF RADON
THAT EXCEED FEDERAL AND STATE GUIDELINES HAVE BEEN FOUND IN BUILDINGS IN
FLORIDA. ADDITIONAL INFORMATION REGARDING RADON AND RADON TESTING MAY
BE OBTAINED FROM YOUR COUNTY HEALTH DEPARTMENT.
ALL OWNERS ARE DEEMED BY ACCEPTANCE OF THEIR LOT TO ACKNOWLEDGE
THAT THE PROPERTY MAY CONTAIN OR MAY BE ADJACENT TO A COUNTY, COUNTY OR
STATE PROTECTED PRESERVE, WETLAND, OR ENVIRONMENTALLY SENSITIVE LAND
AND THAT THE ABILITY TO BUILD, TRIM, CUT, MOW, OR OTHERWISE PERFORM ANY
ACTIVITY THEREIN MAY BE LIMITED.
JUST AS THIS DEVELOPMENT WILL IMPACT THE SURROUNDING AREAS, THE
EXISTING AND FUTURE DEVELOPMENT OF SURROUNDING AREAS WILL IMPACT THE
SUBDIVISION AND YOUR USE AND ENJOYMENT OF YOUR PROPERTY. AS SURROUNDING
AREAS ARE DEVELOPED, PEOPLE LIVING IN THIS SUBDIVISION MAY BE IMPACTED BY
NEW OR EXPANDED ROADWAYS,EXISTING AND INCREASED POPULATION AND TRAFFIC,
INCLUDING THE POSSIBILITY THAT RESIDENTS AND THEIR CHILDREN IN THE
SURROUNDING DEVELOPMENTS MAY ENTER AND USE PUBLIC INFRASTRUCTURE IN THE
SUBDIVISION, AND ADDITIONAL NOISE AND OTHER EFFECTS OF LAND AND ROADWAY
DEVELOPMENT.DECLARANT AND DEVELOPER MAKE NO REPRESENTATIONS TO OWNER
AS TO THE NATURE OF CURRENT AND FUTURE ROADWAYS IMPROVEMENTS,
INCLUDING COUNTY THOROUGHFARE PLANS. ROADS IN AND ADJACENT TO THE
SUBDIVISION MAY BE EXPANDED, WIDENED AND FURTHER DEVELOPED AND
DECLARANT AND DEVELOPER MAKE NO REPRESENTATION TO OWNER AS TO HOW
FUTURE ROADWAY PLAN MAY AFFECT THE SUBDIVISION AND THE OWNER'S USE OF
HIS LOT.
THE NAMES AND ADDRESSES OF SEXUAL OFFENDERS AND PREDATORS ARE
AVAILABLE UNDER THE PUBLIC SAFETY INFORMATION ACT, FLORIDA SEXUAL
OFFENDER/PREDATOR REGISTRATION AND NOTIFICATION PROGRAM, FLORIDA
STATUTE § 775.21. INFORMATION CAN BE OBTAINED BY CALLING 1-888-357-7332 OR VIA
THE INTERNET AT http://offender.fdle.state.fl.us/offender/About.htm OR
WWW.FDLE.STATE.FL.US. OWNERS ARE URGED TO EXERCISE DUE DILIGENCE AND SEEK
OUT THIS INFORMATION BEFORE BUYING A LOT WITHIN THE SUBDIVISION.
TRANSMISSION POWER LINES MAY CROSS OVER AREAS OF THE SUBDIVISION.
TRANSMISSION POWER LINES EMIT TWO TYPES OF FIELDS, ELECTRIC AND MAGNETIC,
TOGETHER THEY ARE CALLED ELECTRO-MAGNETIC FIELDS (EMF). EMF MAY CAUSE
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CERTAIN ELECTRONIC DEVISES AND CELL PHONES IN CLOSE PROXIMITY TO THE EMF
TO OPERATE IMPROPERLY. WHILE THERE IS LITTLE EVIDENCE THAT EMF DIRECTLY
IMPACTS HUMAN HEALTH, DIRECT EXPOSURE TO MAGNETIC FIELDS MAY CAUSE OR
INCREASE HEALTH RISKS,ESPECIALLY TO CHILDREN AND PREGNANT WOMEN.
12.17. Express Disclaimer of Warranties and Causes of Action. EXCEPT FOR ANY
SPECIFIC WARRANTIES CONTAINED IN THE DEED OF CONVEYANCE AND ANY SPECIFIC
WRITTEN WARRANTIES DELIVERED AT CLOSING, NO WARRANTIES, EXPRESSED OR
IMPLIED, REPRESENTATIONS, UNDERSTANDINGS, GUARANTIES OR PROMISES HAVE
BEEN MADE TO OR SHALL BE RELIED UPON BY ANY LOT OWNER, HIS AGENTS, HEIRS,
REPRESENTATIVES OR ASSIGNS (OR ANY MORTGAGEE OR ITS ASSIGNS HOLDING A
SECURITY INSTRUMENT FOR ANY LOT IN THE SUBDIVISION)PURCHASING A LOT IN THE
SUBDIVISION OR UNDER THE TERMS OF THIS DECLARATION AGREEMENT; AND TO THE
MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, INCLUDING IMPLIED
WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND
HABITABILITY, AND ALL WARRANTIES IMPOSED BY STATUTE AND CASE LAW (EXCEPT
TO THE EXTENT THEY CANNOT BE DISCLAIMED) AND STATUTORY CAUSES OF ACTION
INCLUDING BUT NOT LIMITED TO A CAUSE OF ACTION UNDER CHAPTER 553.84,FLORIDA
STATUTES AND ACTIONS IN TORT ARE HEREBY FULLY AND COMPLETELY DISCLAIMED.
AS TO ANY IMPLIED WARRANTIES, STATUTORY CAUSES OF ACTION OR ACTIONS IN
TORT WHICH CANNOT BE DISCLAIMED EITHER IN WHOLE OR IN PART, INCIDENTAL AND
CONSEQUENTIAL DAMAGES ARE DISCLAIMED AND AFFIRMATIVELY WAIVED, AND
DECLARANT AND/OR DEVELOPER SHALL HAVE NO RESPONSIBILITY FOR ANY
INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, ANY
CLAIMS FOR PERSONAL INJURY,DEATH,PROPERTY DAMAGE,OR EMOTIONAL DISTRESS.
DECLARANT AND DEVELOPER MAKES NO WARRANTY, EXPRESS OR IMPLIED,
INCLUDING NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE NOR
MERCHANTABILITY NOR HABITABILITY OF THE SUBDIVISION IMPROVEMENTS, AS
SAME MAY BE REFLECTED ON THE PLAT FOR THIS SUBDIVISION OR ARE OTHERWISE
CONSTRUCTED IN, ON, OVER, UNDER OR ACROSS THE SUBDIVISION, INCLUDING BUT
NOT LIMITED TO, ANY AND ALL PRODUCTS AND MATERIALS USED IN, ON OR IN
CONNECTION WITH THE SUBDIVISION IMPROVEMENTS, INCLUDING BUT NOT LIMITED
TO, MATERIALS ASSOCIATED WITH THE ROADWAYS, INCLUDING ASPHALT.
DECLARANT AND DEVELOPER SPECIFICALLY DISCLAIM ANY AND ALL NEGLIGENCE
ASSOCIATED WITH THE SUBDIVISION IMPROVEMENTS, INCLUDING BUT NOT LIMITED
TO, THINNING, WEARING OR OTHER DESTRUCTION TO ASPHALT OR CONCRETE ON THE
ROADWAYS RESULTING IN WEAR AND TEAR, THINNING, HOLES, SUBSURFACE
FAILURES, CRACKS AND THE LIKE; IMPROPER DRAINAGE OR RETENTION FAILURES
ASSOCIATED WITH THE STORMWATER SYSTEM, LAKES, PONDS, DRAINS AND SWALES;
AND ANY DEFECTS ASSOCIATED WITH FAILURES OF THE WATER AND SEWER SYSTEM.
ALL LOT OWNERS AND THE ASSOCIATION, TO THE EXTENT PERMITTED BY LAW, SHALL
RECEIVE THIS PROJECT AND THE SUBDIVISION IMPROVEMENTS THEREIN "AS IS" AND
"WHERE IS" AND PRIOR TO PURCHASING ANY LOT IN THE SUBDIVISION SHOULD
CONDUCT WHATEVER INSPECTION OR INQUIRY AS MAY BE CONSIDERED NECESSARY
TO BE CERTAIN OF THE QUALITY AND CONDITION OF THE SUBDIVISION
IMPROVEMENTS. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF
THIS DOCUMENT. THIS ABSOLUTE DISCLAIMER OF WARRANTY OF ALL SUBDIVISION
IMPROVEMENTS IS OF THE ESSENCE OF THIS AGREEMENT AND BY PURCHASING A LOT
HEREIN SUBJECT TO THE RESTRICTIONS, RESERVATIONS AND COVENANTS SET FORTH
HEREIN THIS AGREEMENT, ALL LOT OWNERS (AND MORTGAGEES), AS WELL AS THE
ASSOCIATION, AGREE, ACCEPT AND ACKNOWLEDGE THAT DEVELOPER AND
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DECLARANT HAVE HEREBY DISCLAIMED ANY AND ALL LIABILITY ASSOCIATED WITH
THE SUBDIVISION IMPROVEMENTS.
ARTICLE 13
PAIRED VILLAS ADDITIONAL PROVISIONS
13.01. Lot Line Maintenance Easement. All easements referenced herein this Declaration
shall be in addition to all other easements as referenced on the Plats. When any Lot(the"Servient Lot")
abuts another Lot(the"Dominant Lot")on which the wall of a Unit has been or can be constructed within
two (2) feet of the property line shared by the Dominant Lot and the Servient Lot, the Owner of the
Dominant Lot shall have an easement over the Servient Lot, which easement shall be five (5) feet wide
measured from the common property line reasonably necessary for the following purposes:
a) For installation, maintenance, repair, replacement and the provision of utility services,
equipment and fixtures to serve the Dominant Lot, including, but not limited to electricity,
telephones, sewer, water, lighting, irrigation, drainage and other communication and
community systems.
b) For entry upon, and for ingress and egress through the Servient Lot, with persons,
materials and equipment to the extent reasonably necessary in the performance of the
maintenance,repair,replacement of the Unit or any improvements on the Dominant Lot.
c) For overhanging troughs or gutters, down-spouts and the discharge therefrom of
rainwater and the subsequent flow thereof over the easement area and the Common Property.
An Owner of the Servient Lot shall do nothing on his Lot that unreasonably interferes
with or impairs the use of this easement.
13.02.Zero Lot Line Maintenance Easement. When any Lot(the "Servient Lot")abuts another
Lot(the "Dominant Lot") on which the exterior wall of a Unit has been or can be constructed against or
immediately contiguous to the interior property (perimeter) line shared by the Dominant Lot and the
Servient Lot, then the Owner of the Dominant Lot shall have an easement over the Servient Lot, which
easement shall be of a width contiguous to the interior property line running from the front property line
to the rear property line of the Servient Lot reasonably necessary for the following purposes:
a) For ingress, egress, installation, maintenance, repair, replacement and the
provision of utility services, equipment and fixtures to serve the Dominant Lot,
including, but not limited to, electricity, telephones, sewer, water, lighting,
irrigation,drainage and other communication and community systems.
b) Of support in and to all structural members, footings and foundations of the Unit
or other improvements that are necessary for support of the Unit or other
improvements on the Dominant Lot. Nothing in this Declaration shall be
construed to require the Owner of the Servient Lot to erect, or permit the erection
of, additional columns, bearing walls or other structures on his Lot for the
support of the Dominant Lot.
c) For entry upon,and for ingress and egress through the Servient Lot,with persons,
materials and equipment, to the extent reasonably necessary in the performance
of the maintenance, repair, replacement of the Unit or any improvements on the
Dominant Lot.
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d) For overhanging troughs or gutters, down-spouts and the discharge therefrom of
rainwater and the subsequent flow thereof over the easement area and the
Common Property.
An Owner of a Servient Lot shall do nothing on his Lot that unreasonably interferes with
or impairs the use of this easement.
13.03. Party Walls. Each wall and fence, if any, built as part of the original construction of the
Units or Lots within the Subdivision and placed on the dividing line between the Lots or Units and acting
as a commonly shared wall or fence shall constitute a party wall, and each Owner shall own that portion
of the wall and fence which stands on his own Lot,with a cross-easement of support in the other portion.
If a wall or fence separating two (2) Units or Lots, and extensions of such wall or fence, shall lie entirely
within the boundaries of one Lot, such wall or fence, together with its extensions, shall also be a party
wall and the Owner of the adjacent Lot shall have a perpetual easement to benefit from the party wall as if
same were subject to the foregoing sentence.
Easements are reserved in favor in all Lots over all other Lots and the Common Areas and/or
Common Property for overhangs or other encroachments resulting from original construction and
reconstruction as aforesaid.
Anything to the contrary herein notwithstanding, where adjacent Units share only a portion of a
wall(e.g.,where a one-story Unit abuts a two-story Unit), only that portion of the wall actually shared by
both Units shall be deemed a party wall. That portion of the wall lying above the one-story Unit and used
exclusively as a wall for the second floor of the abutting two-story Unit shall not be deemed a party wall,
but shall be maintained and repaired exclusively by the Owner of the two-story Unit even if lying in
whole or in part on the abutting Lot on which the one-story Unit is constructed and over the roof and
other portions of such abutting one-story Unit to permit the upper portion of the wall of the two-story
Unit to be maintained and repaired by the Owners of the Lot on which such two-story Unit is constructed.
The costs of reasonable repair and maintenance of a party wall shall be shared equally by the
Owners who make use of the wall.
If a party wall is destroyed or damaged by fire or other casualty, any Owner who has used the
wall may restore same, but shall not construct or extend same to any greater dimension than that existing
prior to such fire or other casualty, without the prior written consent of the adjacent Lot Owner. The
extension of a party wall used by only a two-story Unit abutting a one-story Unit shall be promptly and
diligently repaired and/or replaced by the Owner of the two-story Unit at his sole cost and expense, even
if lying in whole or in part on the abutting Lot. No part of any addition to the dimensions of said party
wall or of any extension thereof already built that may be made by any of said Owners, or by those
claiming under any of them, respectively, shall be placed upon the Lot of the other Owner, without the
written consent of the latter first obtained, except in the case of the aforesaid wall of a two-story Unit. If
the other Owner thereafter makes use of the party wall, he shall contribute to the cost of restoration
thereof in proportion to such use, without prejudice,however,to the right of any such Owner to call for a
larger contribution from the other under any rule of law regarding liability for negligent or willful acts or
omissions.
Notwithstanding .any other provision of this Section, if any Owner, or his family members,
guests, tenants and invitees, by any of their negligent or willful acts, causes that part of the party wall not
previously exposed to be exposed to the elements, such Owner shall bear the whole cost of furnishing the
necessary protection against such elements.
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The right of any Owner to contribution from any other Owner under this Section shall be
appurtenant to the land and shall pass to such Owner's successors in title. Upon a conveyance or other
transfer of title,the liability hereunder of the prior Owner shall cease.
In the event of any dispute arising concerning a party wall, or otherwise under the provisions of
this Section,such dispute shall be resolved per the dispute resolution process set forth in the Declaration.
ARTICLE 14
LOT MAINTENANCE SERVICES
14.01. Services at Discretion of Developer and/or Association. Developer, and after
the Turnover Date,the Association,in their discretion may elect that the Association provide from time to
time certain Lot Maintenance Services,such as by way of example,mowing,fertilizing,yard pest control,
tree trimming, landscape maintenance or other similar services, (the "Lot Maintenance Services"), for all
or certain Lots in the Subdivision, or for a particular Neighborhood or Lot Type therein. Developer, and
after the Turnover Date, the Association, shall have the discretion of implementing such services on an
optional or mandatory basis for the selected Lots. The type and scope of the Lot Maintenance Services
may be changed, expanded or deleted at the discretion of the Developer, and after Turnover, the
Association. Once implemented, the Lot Maintenance Services shall be required of each selected Lot
unless and until discontinued by the Developer or Association, as set forth below. Each Owner shall be
obligated to pay its respective share of the monthly service charges and all other costs and expenses of the
Association in providing the Lot Maintenance Services, which service charges, costs and expenses shall
be payable as a Regular Assessment or Neighborhood Assessment,and assessed,charged and collected as
any other Regular or Neighborhood Assessment provided for herein. The Lot Maintenance Services shall
be selected and may be discontinued at the discretion of the Developer, and after the Turnover Date, by
the Association. The Developer and Association, and their assigns, shall have a non-exclusive, perpetual
easement on,over,under and across all Common Property and Lots in the Subdivision for access,ingress,
egress and use by the Developer and/or Association to perform or cause to be performed the afore-
mentioned Lot Maintenance Services.
Lot Maintenance Services shall not include replacement of any landscaping or trees; all
Lot Owners shall be required to replace landscaping and/or trees per the requirements set forth herein this
Declaration and the Code, at the Owner's sole cost and expense. Notwithstanding anything to the
contrary herein, any and all costs and expenses of any Lot Maintenance Services which are caused or
necessitated by any act or omission, of any nature whatsoever, by any Owner, including his agents,
assigns, guests, or invitees, shall be a personal liability of the Owner in the form of a Special Assessment
to be paid directly by the Owner to the Association and shall be a continuing lien upon his Lot until paid.
The specific Lot Maintenance Services provided by the Association for any Lot at any particular time
may be changed, from time to time,and shall be provided to the Lot Owner by the Association.
14.02. Lot Maintenance Services for the Paired Villas Lot Type. For the Paired
Villas Lot Type, and until terminated, discontinued or changed, the Association shall provide the
following Lot Maintenance Services: (a) lawn maintenance, such as by way of example, mowing,
fertilizing, yard pest control, tree trimming, landscape maintenance or other similar services (but not tree
or landscaping replacement, which replacement shall be required to be performed by each Lot Owner, at
his sole cost and expense, in compliance with this Declaration, the Code and the rules, regulations and
standards of the Association and its ARC); (b) lot irrigation and watering schedules, which schedules
shall be mandated by the Association and paid for by the Lot Owners; (c) exterior roof repair,
maintenance and replacement of the Paired Villas exterior roofs and exterior painting of stucco and
related stucco repairs of the Paired Villas Units; provided however, and notwithstanding anything to the
57-
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contrary herein this Declaration, the aforementioned Paired Villas' Lot Maintenance Services related to
exterior roof repair, maintenance and replacement and exterior painting of the Paired Villas' stucco and
related stucco repairs shall only be performed by the Association for what the Association,in its sole
and absolute discretion, deems to be non-casualty, non-insurable events (regardless of whether the
Lot Owner's insurance carrier provides coverage or whether insurance coverage is available), that
are not otherwise caused by the negligent or intentional acts or omissions of the Lot Owner, his
agents, guests, family, tenants or invitees, and which are deemed to be necessitated because the
improvement has reached the end of its useful life, as determined by the Association in its sole and
absolute discretion. The Lot Maintenance Services of replacement,including repair and maintenance,of
Paired Villas' exterior roofs and exterior repainting, including repair of Paired Villas' exterior stucco,
shall only be performed at the end of their useful life, as confirmed and determined by the Association, in
its sole and absolute discretion. All costs and expenses of the Association in performing the
aforementioned Lot Maintenance Services shall be paid by the Lot Owners in the form of Assessments.
Lot Owners shall be required to give Association, and its assigns, reasonable access, upon prior written
notice, to the interior of any dwelling unit if necessary in order for the Association to perform its Lot
Maintenance Services relating to exterior roof repair, maintenance and replacement. The provisions of
Article 14 and specifically this Section 14.02 shall be subject to those additional provisions and terms
requiring the Lot Owner to repair, maintain and replace all aspects of his dwelling unit, including the
exterior roof and exterior stucco and painting, all as set forth in Article 8,above,regardless of whether the
Association performs,or has agreed to perform,any of the Lot Maintenance Services.
Notwithstanding anything to the contrary herein, (a) any and all costs and expenses of
any Lot Maintenance Services which are caused or necessitated by any act or omission, of any nature
whatsoever, by any Owner, including his agents, assigns, family, guests, or invitees, shall be a personal
liability of the Owner in the form of a Special Assessment to be paid directly by the Owner to the
Association and shall be a continuing lien upon his Lot, running with the land,until paid; and(b) the Lot
Owner shall at all times be solely fmancially responsible for any and all repairs to his Paired Villas Unit,
including completely rebuilding same,as well as for all improvements on the Paired Villas Lot,regardless
of whether the Association has elected to perform Lot Maintenance Services. The Lot Owner shall not
permit his Lot and dwelling Unit thereon to waste or remain in a state of disrepair if the Association fails
to perform the Lot Maintenance Services.
14.03. No Third Party Claims / Notice to Association. In performing the Lot
Maintenance Services, the Association is acting as the Lot Owner's agent only and not in its
"representative capacity." The Association's performance of the Lot Maintenance Services does not in
anyway make the Lot Maintenance Services Common Elements or Common Property of the Association
or Subdivision. The Association is not authorized nor permitted to bring any claims, lawsuits or other
actions against any third parties relating to the Lot Maintenance Services; and, any such claims, lawsuits
or other actions against third parties relating to the Lot Maintenance Services may only be brought by the
individual Lot Owner himself. In the event of any dispute between the Lot Owner and the Association
regarding the Lot Maintenance Services, and prior to initiating any claim, lawsuit or other action against
the Association, and in addition to all other provisions in this Declaration regarding "Disputes" and
prerequisites to the filing of lawsuits, the Lot Owner shall first give Association thirty (30) days written
notice of the Lot Owner's disputed claim,upon the receipt of which,the Association shall have thirty(30)
days to either cure or commence to cure, if the work cannot reasonably be performed in thirty (30) days,
the matters set forth in the disputed claim. The Lot Owner shall at all times be responsible for insuring
that his Lot and Unit are properly maintained and repaired; any failure by the Association to adequately
perform the Lot Maintenance Services shall not relieve the Lot Owner from his responsibility to maintain
and repair his Lot and Unit.
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JOINDER BY ASSOCIATION
The MARQUESA ISLES NEIGHBORHOOD ASSOCIATION, INC., a Florida not for profit
corporation, hereby joins in and consents to this Declaration for the purpose of accepting all terms,
covenants, restrictions, conditions, reservations, easements and maintenance obligations therein, as well as
accepting all rights,obligations and responsibilities of the Association as set forth therein the Declaration.
IN WIT ESS WHEREOF, the undersigned party has executed this document on the .22
itfi
day of (C.K , 2018.
MARQUESA ISLES NEIGHBORHOOD
ASSOCIATION,INC.,a Florida not for profit corporation
'jna re t ✓ By: Timothy Oak, its President
tdNv/I
re
Prin e Name
STATE OF FLORIDA
COUNTY OF LEE �,
The foregoing instrument was acknowledged before me this yS day of M,.rC j ,2018,
by Timothy Oak,as President of the Marquesa Isles Neighborhood Association,Inc.,on behalf of the Corporation,( )who
is personally known to me or( )who has produced as identification.
N. P 'tic
My Commission Expires: ?h f
_ .-.i J3_; 1, 2J1
f„ c dcircLge, noralP?etary'sc
60-
1 6 A 2
IN WITNESS WHEREOF, Declarant has caused these presents to be executed in its
name by its members thereunto duly authorized as of the day and year first above written.
Signed,sealed in the presence of:
"DEVELOPER"I"DECLARANT":
COUNTY BARN INVESTORS, LLC, a Florida
limited liability compa,
%Thi3s,cs, ‘.: ,
cg..._ _ Ik By: i ( C.-----
(' 6-
itness Name: ,f' es R. Schier
Michelle Nagy Its: / anager
1Dri�t Name o mess
\ (0-10'N..1—C.Ck_ V-O.A-A---
Witness
Veronica McGuire
Print Name of Witness
STATE OF FLORIDA
COUNTY OF SARASOTA
The foregoing instrument was acknowledged before me this 1h day of Mark-C6 , 2018, by
James R. Schier, as Manager of County Barn Investors, LLC, a Florida limited liability company, on behalf of the Company,
( ) who is personally known to me or ( ) who • produced as
identification. ,--..\..__. ;(
-- ilpti;/t)
Notary Public
My Commission Expires:
=o4V Nitis Notary Public State of Fonda
Michelle M. Nagy
. 0 My Commission GG 176746
` pF ow Expires 01!1812022
59-
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EXHIBITS
Exhibit"A" Legal Description
Exhibit"B" Fiscal Program
Exhibit"C" Maintenance Program
Exhibit"D" Notice to Buyers
Exhibit"E" List of Holdings
Exhibit"F" Right of Entry
Exhibit"G" Articles of Incorporation for Association
Exhibit"H" By-Laws for the Association
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EXHIBIT "A"
MARQUESA ISLES OF NAPLES LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN THE WEST HALF OF SECTION 8, TOWNSHIP
50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE CENTER SECTION OF SECTION 8, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, THENCE RUN ALONG THE
EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 8, SOUTH
00°43 ' 51" EAST, A DISTANCE OF 339 . 31 FEET TO A POINT ON THE SOUTH
LINE OF THE NORTH HALF OF THE NORTH HALF OF THE NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 8; THENCE RUN
ALONG SAID SOUTH LINE, NORTH 89°29 ' 03" WEST, A DISTANCE OF
1,231.26 FEET TO A POINT ON THE RIGHT-OF WAY OF COUNTY BARN
ROAD; THENCE RUN ALONG SAID RIGHT-OF-WAY, NORTH 00°42 ' 45" WEST, A
DISTANCE OF 337 .84 FEET TO A POINT ON THE NORTH LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 8; THENCE CONTINUE ALONG SAID
RIGHT-OF-WAY, NORTH 00°43 ' 39" WEST, A DISTANCE OF 1, 012 . 63 FEET
TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE NORTH HALF
OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID
SECTION 8; THENCE RUN ALONG SAID NORTH LINE, SOUTH 89°44 ' 27"
EAST, A DISTANCE OF 1,230 .25 FEET TO A POINT ON THE EAST LINE OF
THE NORTHWEST QUARTER OF SAID SECTION 8; THENCE RUN ALONG SAID
EAST LINE, SOUTH 00°46 ' 20" EAST, A DISTANCE OF 1, 016 .69 FEET TO
THE POINT OF BEGINNING.
CONTAINING 38.23 ACRES, MORE OR LESS.
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1 6 A 2
EXHIBIT"B"
FISCAL PROGRAM
MARQUESA ISLES NEIGHBORHOOD ASSOCIATION INC.
Estimated Budget for 2018 through 2028 •
156 units Annual 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028
Annual Closed Units 29 43 43 31
Cummulative Units 29 77 125 156 156 156 156 156 156 156 336
Annual Inflation Adjustment 0% 3% 3% 3% 3% 3% 3% 3% 3% 3% 3%
REVENUES
Maintenance Fees-Common 224,973 224.973 231,722 238,674 245,834 253.209 260,805 268,630 276.688 284,989 293,539 302,345
Supplemental 14aim.-Villas 103,409 103,409 106.512 109,707 112,998 116,388 119.880 123,476 127,181 130,996 134,926 138.974
Reserves Contributions-Villas 69,550 69550 73,739 76,949 78,509 78,509 78,509 78,509 78.509 77023 82093 82,093
TOTAL Revenue 88888 397,932 411,973 425,330 437,342 448,107 459,195 470,615 482,378 493,008 510,558 523,412
EXPENSES
Administrative
Annual Corporate Report 61 61 63 65 67 69 71 73 75 77 80 82
Management/Accounting Fees 18,720 18,720 19,282 19,860 20.456 21.070 21,702 22,353 23,023 23,714 24.425 25,158
CPA Audit 1.500 1,500 1,545 1,591 1.639 1,688 1,739 1.791 1.845 1,900 1,957 2,016
Administrative Expense 1,200 1,200 1,236 1,273 1.311 1,351 1,391 1,433 1,476 1.520 1,566 1,613
Legal/Ta.Reporting 250 250 258 265 273 281 290 299 307 317 326 336
Taxes,Licenses,Penm,ts 1.750 1,750 1,803 1,857 1,912 1,970 2.029 2,090 2.152 2,217 2.283 2.352
Insurance 3,500 3.500 3.605 3,713 3.825 3,939 4,057 4.179 4.305 4.434 4,567 4,704
Operating Expenses-Amenity
Janitorial Service&Supplies 15,000 15,000 15,450 15,914 16,391 16,883 17.389 17,911 18.448 19,002 19.572 20.159
Pest Como! 500 500 515 530 546 563 380 597 615 633 652 672
Electricity-Amenity 6,250 6,250 6,438 6,631 6,830 7,034 7,245 7,463 7.687 7,917 8,155 8.399
Water/Sewer/Trash 2,400 2,400 2,472 2,546 2,623 2.701 2.782 2,866 2,952 3.040 3,131 3,225
Fre Extinguisher Inspeanns 50 50 52 53 55 56 58 60 61 63 65 67
Pool Maintenance 7.800 7,800 8.034 8,275 8.523 0,779 9,042 9,314 9,593 9.881 10,177 10,483
Pool Repairs 2.000 2,000 2,060 2.122 2,185 2,251 2.319 2.388 2,460 2,534 2,610 2,688
Pool&SW Heacng 10,000 10,000 10,300 10.609 10.927 11,255 11.593 11,941 12,299 12,668 13.048 13.439
General Repair&Maintenance 5.000 5,000 5.150 5.305 5,464 5.628 5.796 5,970 6,149 6,334 6,524 6.720
Dog Park Repair&Maim 500 500 515 530 546 563 580 597 615 633 652 672
Utilities
Electric-Imgation 10,032 10,032 10,333 10,643 10,962 11,291 11.630 11,979 12.338 12.708 13,089 13,482
Electric-Gate 2,100 2,100 2.163 2,228 2,295 2.364 2,434 2,508 2.583 2,660 2,740 2,822
Electric-Street Lights 4,800 4,800 4.944 5,092 5,245 5.402 5,565 5,731 5,903 6,080 6,263 6,451
Electric-Fountains/Aerators 3.500 3.500 3.605 3,713 3,825 3,939 4,057 4,179 4,305 4,434 4,567 4,704
Internet-Gate&Clubhouse 960 960 989 1,018 1.049 1.080 1.113 1,146 1.181 1216 1,253 1.290
Operating Expenses-Common
Landscape Contract 60,000 60.000 61.800 63.654 65.564 67,531 69,556 71,643 73.792 76.006 78,286 80.635
Inigatian Repair&Maint 5,000 5,000 5,150 5.305 5,464 5.628 5,796 5,970 6,149 6,334 6.524 6,720
Lsndsope Flowers 9,000 9,000 9,270 9,548 9,835 10,130 10,433 10,746 11,069 11.401 11.743 12,095
Sod&Plant Replacement 5.000 5,000 5,150 5,305 5,464 5.628 5,796 5.970 6,149 6,334 6,524 6,720
Pure Straw 6.000 6,000 6,180 6,365 6,556 6.753 6,956 7,164 7.379 7.601 7,829 8,063
Tree Trimming 5,800 5,000 5,150 5,305 5,464 5.628 5,7% 5.970 6,149 6.334 6.524 6,720
Lake Service Contract 3,000 3.000 3.090 3,183 3,278 3,377 3,478 3,582 3,690 3,800 3,914 4,032
Lake Fountain Maintenance 1,500 1,500 1,545 1,591 1,639 1,688 1,739 1,791 1,845 1,900 1,957 2.016
Gare Monitoring Contract 9.600 9,600 9,888 10,185 10,490 10,805 11,129 1I,463 11,807 12,161 12,526 12,902
Gate Repair&Maintenance 2,500 2,500 2,575 2,652 2.732 2.814 2,898 2.985 3,075 3.167 3,262 3,360
General Repair&Maim 3,000 3,000 3,090 3,183 3,278 3,377 3,478 3,582 3,690 3.800 3,914 4,032
Presure Washing 7,500 7.500 7,725 7,957 8,195 8,441 8.695 8,955 9,224 9,501 9,786 10,079
Preserve&Wetlands Maintenance 10,000 10,000 10.300 10,609 10,927 11,255 11,593 11,941 12.299 12.668 13,048 13,439
Operating Expenses-Villas
Villas Lavin Mama Contract 70,200 70,200 72,306 74,475 76,709 79,011 81,381 83,822 86.337 88,927 91.595 94,343
Villas Pine Straw 17,105 17,105 17,619 18,147 18.692 19,252 19,830 20,425 21,037 21,669 22,319 22.988
Villas Gate Monitoring Contract 13,104 13,104 13.497 13,902 14,319 14,749 15,191 15.647 16,116 16,600 17,098 17,611
V+Bas Irrigation R&M 3.000 3,000 3,090 3,183 3,278 3,377 3,478 3.582 3,690 3,800 3,914 4,032
Bulk Media(Cable&Internet) 135,720 135,720 139.792 143,985 148,305 152.754 157,337 162,057 166.918 171,926 177,084 182.396
TOTAL COMMON EXPENSES x8888 328,382 338,234 348,381 358,832 369,597 380,685 392,106 403.869 415,985 428,465 441,318
Reserves-Villas
Roof Relacement 44,200 44,200 45.441 46,263 46,603 46.603 46,603 46,603 46,603 46,603 46.603 46,603
E&te6or Painting 25.350 25,350 28,298 30,687 31,906 31.906 31,906 31,906 31,906 30.420 35,490 35,490
TOTAL RESERVES-VILLAS 69,550 69,550 73,739 76,949 78,509 78,509 78,509 78.509 78.500 77,023 82,093 82,093
Annual Assessment per Unit $3,421 $2.551 92,641 $2.726 $2,803 $2,872 $2,944 $3,017 $3,092 $3,160 $3,273 $3,355
Quarterly Assessment per Unit $855 $638 $660 $682 $701 $718 $736 9754 $773 $790 $818 $839
4% 3% 3% 2% 2% 2% 2% 3% 0% 3%
THE AMOUNTS THAT YOU WILL BE ASSESSED BY THE ASSOCIATION CAN CHANGE IN THE FUTURE. THE AMOUNTS WILL MOST LIKELY INCREASE AS A RESULT OF THE
ONGOING RISE IN ASSOCIATION EXPENSES,SUCH AS UTILITIES COSTS,CONTRACT SERVICES,AND OTHER OPERATING EXPENSES. IN PLANNING FOR THE FORTHCOMING
FISCAL YEAR,THE ASSOCIATION HAS USED GOOD-FAITH ESTIMATES TO ANTICIPATE FUTURE INCREASES IN EXPENSES RASED ON FACTS AND CIRCUMSTANCES EXISTING AT
THE TIME OF BUDGET PREPRATION.BUDGET AMENDMENTS CAN AT TIMES BECOME NECESSARY DURING THE COURSE OF ANY GIVEN FISCAL YEAR,AND ADOPTION OF ANY
SUCH AMENDED BUDGET WOULD BE HANDLED IN ACCORDANCE WITH THE ASSOCIATION GOVERNING DOCUMENTS AND FLORIDA STATUTE.
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EXHIBIT"C"
MARQUESA ISLES OF NAPLES
MAINTENANCE PROGRAM
A Maintenance Program has been established for the operation and care of the Subdivision amenities and
Common Property. The following is a schedule for the inspection and maintenance of all lands,signs and
facilities considered Common Property and under the purview of the Marquesa Isles Neighborhood
Association, Inc., with all costs and expenses associated with such maintenance being a common
obligation of the Lot Owners and paid by Lot Owners through Assessments:
Weekly: Landscape and lawn service.
Irrigation sprinkler head inspection and maintenance.
Landscape maintenance and inspection.
Inspect for and remove nuisance,exotic plant species.
Monthly: Cleaning of streets from construction of homes(during construction only).
Inspection and repair of irrigation pump and lines.
Inspection and maintenance of pond and lake areas.
Quarterly: Fertilization(based on fertilization schedule,may not be as often as quarterly.)
Bi-Yearly: Inspection and report to South Florida Water Management District.
Conduct any wetland buffer restorations.
Inspect for adequate and proper conservation easement signage
Yearly: Mulch and labor on Common Property.
Inspect and repair mailboxes(if mailboxes are Common Property and not
individually maintained).
Inspection of and maintenance on entry medians and sign.
Inspection of and maintenance of streets,sidewalks and reclaimed water lines.
Annual monitoring and maintenance, including removal, of nuisance, exotic plant
species.
Items listed above may be performed more often or less often than scheduled depending on circumstances beyond
the control of the Association. Other items as shown on the Fiscal Program such as utilities, fees, insurances and
other line items will be paid in accordance with contracts or as invoiced.
It is anticipated that the budgetary information submitted for the first year of operations indicates more than
adequate funds for maintenance as well as operation of the facilities provided by Declarant.
Subsequent years may require additional funds,which will be assessed and collected as required by the Declaration
to which each Lot is subject.
The pond and lake areas require constant inspection and maintenance, provision for which is being made at least
quarterly in compliance with various regulatory permits,not limited to South Florida Water Management Districts
and the County. The above permit conditions are regulated and performed by the Association, to which the
Declaration is subject.
At all events, a program is being established and will be established respecting all areas of the Subdivision,
responsibility for which is Declarant and/or the Association, and which will comply in all respects with the
requirements of the regulatory bodies of the County and its Code.
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EXHIBIT"D
MARQUESA ISLES OF NAPLES
NOTICE TO BUYERS
To the Purchasers of Lots in the Marquesa Isles of Naples Subdivision, County of Collier,
Florida:
YOU ARE HEREBY NOTIFIED that the purchase of your Lot is subject to:
1. The Declaration of Covenants, Conditions and Restrictions for Marquesa Isles of
Naples, as amended from time to time, including all rules and regulations of the
Marquesa Isles Neighborhood Association, Inc., (collectively the "Marquesa Isles of
Naples Declaration"), and to all Governing Documents of the Subdivision, as same
are defined in the Declaration.
2. Ownership of a Lot in said Subdivision automatically makes you a member of
Marquesa Isles Neighborhood Association, Inc., (the "Association"), and you are
subject to its Articles, By-Laws, this Declaration and any and all Association rules
and regulations made pursuant thereto, including standards, specifications and
guidelines of the ARC. Each Lot entitles its Owner to one vote in the affairs of the
Association.
3. The Association,Inc.,has the right and power to assess and collect, as provided in its
By-Laws and the Declaration, the costs of maintenance of the landscaped Common
Property under its ownership or maintenance control which you have a right to enjoy,
in accordance with the Declaration.
4. The initial proposed assessments by the Association for each Lot is as reflected in the
Fiscal Program, attached as Exhibit "B" to the Declaration, as same may be revised
and supplemented for each new phase. You are hereby notified that the Association
may increase that assessment amount as may be required to maintain the amenities of
the Subdivision. There shall be a onetime assessment (the "Initial Assessment")
payable to the Association by each Owner who purchases a Lot from Declarant. The
Initial Assessment shall be in the amount equal to the then-current annual Regular
Assessment for a Lot. The Initial Assessment shall be established as of and paid at
the time legal title to a Lot is conveyed to any Owner. Initial Assessments shall be
expended solely for regular Common Expenses and not for any reserves. Initial
Assessments are not advance payments of Assessments and shall not affect the
liability of an Owner or a Lot for Assessments.
5. The Owner of each Lot shall be responsible for the planting and maintenance of all
street trees and replacement trees on such Lot, all as required by the Declaration,
Collier County Codes and Ordinances and pursuant to final site plan approval for
Marquesa Isles of Naples.
6. Sidewalks may be installed in front of a Lot as and if required by approved site and
construction plans for the Subdivision and the County's Code. If required, sidewalks
shall be installed in accordance with the aforementioned plans and code and upon
approval of the ARC. The cost for the installation of the sidewalk shall be paid by
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the Lot Owner. Following installation, such sidewalk shall be maintained by Lot
Owner at his expense, including but not limited to, maintenance and repair, pressure
washing, trimming of low overhanding tree branches and assuring landscaping and
other items do not obstruct the sidewalk. In no event may a sidewalk be blocked or
obstructed in anyway.
7. It shall be the responsibility of each Owner at the time of construction of a building,
residence or structure,to comply with the requirements, if any, of the County to have
the ability to connect into any system for reclaimed effluent irrigation which may be
installed in the future.
8. The lowest quality water possible shall be used for irrigation; and in-ground
irrigation using County potable water supply shall be prohibited, including on
individual Lots.
9. Declarant and/or Developer reserve the right to make any modifications, changes, or
deletions to the landscaping and landscape buffers of the Property upon the addition
of property to the Subdivision.
10. The internal streets located within the Subdivision are private and shall be operated
and maintained by the Marquesa Isles Neighborhood Association,Inc.
11. Nuisance and exotic plant species are prohibited within the Subdivision and removal
of any such species is required of the Lot Owners and Association, including the
continual monitoring and removal thereof.
•
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EXHIBIT"E"
List of Holdings For Marquesa Isles of Naples
As set forth on Plat for "Marquesa Isles of Naples" **:
Tracts A, OS-i, OS-2, OS-3 OS-4, L-1, L-2, and P.
** Operation and Maintenance Responsibilities for Above—
Referenced Tracts: The above-referenced Tracts shall be privately operated and
maintained by the Marquesa Isles Neighborhood Association, Inc., in accordance with
the Declaration.
Tract R
Tract R, Future Development, has been privately held and reserved for use by Developer, County Barn
Investors, LLC, its successors and/or assigns, as Future Development, and is not a Common Property,
Common Area or Common Element of the Subdivision.
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EXHIBIT"F"
MARQUESA ISLES OF NAPLES
RIGHT OF ENTRY
and
COMPLIANCE WITH COLLIER COUNTY ORDINANCE
Right of Entry by County. The Collier County law enforcement officers, health and pollution
control personnel, emergency medical service personnel, and fire fighters, while in pursuit of
their duties, are hereby granted authority to enter upon any and all portions of the Common
Property as may be necessary to perform those duties.
H. Ownership of the Community Common Areas. Notwithstanding anything herein contained to
the contrary, the Association shall not dispose of any Common Property, by sale or otherwise,
except to an organization conceived and organized to own and maintain such Common Property,
without first offering to dedicate the same to Collier County or other appropriate governmental
agency.
III. Disturbance of Common Areas. No lands in the Common Property shall be denuded, defaced,
or otherwise disturbed in any manner at any time, except for development, construction,
maintenance or repair,without the prior written approval of the Collier County Planning Director.
IV. Maintenance and Care. In the event the Association, or its successors fail to maintain the
Common Property in reasonable order and condition, the provisions of the Collier county Land
Development Code allow for Collier County, upon notice and hearing, to enter said Common
Property for the purpose of maintaining same. The cost of such maintenance by the County shall
be assessed pro-ratedly and such charges will be made payable by property Owners within sixty
(60) days after receipt of a statement therefore, and shall become a lien on the property if unpaid
at the end of such period.
V. Violations. Notwithstanding any other provision of this Declaration, no violation of federal,
state,or local law shall be permitted.
VI. Amendments. Notwithstanding any other provision of this Declaration relating to amendments,
neither this Exhibit, nor any provision of this Declaration affecting this Exhibit,may be amended
without the written consent of Collier County.
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EXHIBIT"G"
Certificate of Status
I certifyfrom the records of this office that MARQUESA ISLES NEIGHBORHOOD
Q
ASSOCIATION, INC. is a corporation organized under the laws of the State of Florida, filed
electronically on August 02, 2017, effective August 02, 2017.
The document number of this corporation is N17000007956.
I further certify that said corporation has paid all fees due this office through December 31,2017,
and its status is active.
I further certify that said corporation has not filed Articles of Dissolution.
I further certify that this is an electronically transmitted certificate authorized by section 15.16,
Florida Statutes, and authenticated by the code noted below.
Authentication Code: 170802143932-200302080922#1
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee, the Capital,this the
Second day of August, 2017
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ARTICLES OF INCORPORATION
OF
MARQUESA ISLES NEIGHBORHOOD ASSOCIATION,INC.
A Corporation Not For Profit
The undersigned hereby forms a corporation not for profit under Chapter 617, Florida Statutes,
and certifies as follows:
ARTICLE I. NAME AND ADDRESS
The name of the corporation shall be MARQUESA ISLES NEIGHBORHOOD
ASSOCIATION, INC., a corporation not for profit. For convenience, the corporation shall herein be
referred to as the "Association". The initial address of the corporation's principal office shall be 28100
Bonita Grand Dr., Ste. 200, Bonita Springs,Florida, 34135. These Articles of Incorporation supplement,
amend and restate those Articles of Incorporation filed electronically with the State of Florida,Division of
Corporations on August 2, 2017, when incorporating the Association for such status with the State of
Florida,all as set forth and consistent with said original Articles of Incorporation.
ARTICLE II. PURPOSE
2.1 Purpose: The purpose for which the Association is organized is to provide an entity for the
maintenance, preservation, and management of the Lots and Common Property within Marquesa Isles of
Naples (the "Subdivision"), a subdivision located in the County of Collier, Florida, same to be in
accordance with the "Declaration of Covenants, Conditions and Restrictions for Marquesa Isles of
Naples,"herein called the"Declaration",which is to be recorded in the Public Records of Collier County,
Florida,as same may be amended as provided for therein.
2.2 Distribution of Income: The Association shall make no distribution of income to its
members,directors,or officers.
ARTICLE III. POWERS
3.1 Common Law and Statutory Powers: The Association shall have all of the common law and
statutory powers of a corporation not for profit, which powers are not in conflict with the terms of these
Articles of Incorporation, the Declaration, or the Purposes of the Association as described in Paragraph
2.1 above.
3.2 Specific Powers. The Association shall have all of the powers and duties set forth in the
Declaration, as amended from time to time, except as validly limited by these Articles and by said
Declaration, and all of the powers and duties reasonably necessary to own and/or operate the Common
Property of the Subdivision pursuant to said Declaration and to perform the maintenance, administration,
managerial and other functions for the Subdivision as provided in said Declaration, as it may be amended
from time to time,including,but not limited to the following:
(a) To make and collect Assessments against Members as Lot Owners to defray the cost of
Common Expenses of the Subdivision as provided in the Declaration.
(b) To use the proceeds of Assessments in the exercise of its powers and duties.
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(c) To accept, hold title to, own,purchase, acquire,replace, improve,manage, maintain, sell,
convey and administer the use of the Common Property of the Subdivision in accordance
with the Declaration.
(d) To purchase insurance upon the Common Property, and for the protection of the
Association and its Members.
(e) To reconstruct improvements to the Common Property after casualties and further to
improve the Common Property in accordance with the Declaration.
(f) To adopt and amend reasonable rules and regulations respecting the use of the Common
Property in accordance with the Declaration.
(g) To enforce by legal means against an Owner as defined in the Declaration,the provisions
of the Declaration, the By-Laws of the Association and rules and regulations duly
adopted by the Association.
(h) To furnish or otherwise provide for private security, fire protection or such other services
as the Board in its discretion determines necessary or appropriate.
(i) To pay any real and personal property taxes and other charges assessed against the
Common Property unless same are separately assessed to the Owners.
(j) To obtain all required utility and other services for the Common Property.
(k) To maintain architectural control over the Subdivision in accordance with the
Declaration.
(1) To operate and maintain the surface water management system facilities, including all
inlets, ditches, swales, culverts, water control structures, retention and detention areas,
ponds, lakes, floodplain compensation areas, wetlands and any associated buffer areas,
and wetland mitigation areas.
(m) To exercise such further authority as may be reasonably necessary to carry out each and
every of the obligations of the Association set forth in the Declaration, these Articles or
the By-Laws.
(n) Sue and be sued,as set forth in the Declaration.
3.3 Assets Held in Trust: All funds and the title of all properties acquired by the Association and
the proceeds thereof shall be held in trust for the Members, in accordance with the provisions of the
Declaration,these Articles of Incorporation and the By-Laws of the Association. Upon the dissolution or
winding up of this Association, its assets remaining after payment, or provision for payment, of all debts
and liabilities of the Association shall be distributed pro-rata among all Members, or, alternatively, upon
the affirmative vote of two thirds (2/3) of the Owners of Lots in the Subdivision, the assets of the
Association may be conveyed or dedicated to (i) a public body willing to accept such assets; or(ii) a not
for profit organization located in Collier County,Florida, or the one closest to the Association,if none are
located in Collier County, having the same or similar purposes; provided that in the event of the
dissolution of the Association, the property consisting of the surface water management system of the
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Subdivision shall be conveyed to an appropriate agency of local government, and if not accepted, the
surface water management system shall be dedicated to a similar non-profit corporation.
3.4 Limitation on Exercise of Powers: The powers of the Association shall be subject to and
shall be exercised in accordance with the provisions of the laws of the State of Florida, the Declaration,
these Articles and the By-Laws of the Association.
ARTICLE IV. MEMBERS
4.1 Members: The Members of the Association shall consist of all of the record Owners of Lots
in the Subdivision subject to the Declaration and operated hereby.
4.2 Change of Membership: Change of membership in the Association shall be established by
the recording in the Public Records of Collier County, Florida, of a deed or other instrument establishing
a change of record title to a Lot in the Subdivision. A copy of such instrument shall be delivered to the
Association. The Owner designated in such instrument shall thereupon become a member of the
Association and the membership of the prior owner shall thereupon be terminated,as provided in the By-
Laws.
4.3 Limitation on a Transfer of Shares of Assets: The share of a Member in the funds and assets
of the Association cannot be assigned, hypothecated or transferred in any manner, except as an
appurtenance to the Member's Lot.
4.4 Voting: Subject to the provisions of Section 3.02 of the Declaration, the Owner of each Lot
shall be entitled to one vote as a member of the Association,provided, however, that the Declarant shall,
during development, be entitled to the number of votes as provided in the Declaration, which votes may
be apportioned to successor developers, or partial successor developers, as provided in the Declaration.
The manner of exercising voting rights shall be determined by the By-Laws of the Association. Subject
to the provisions of Section 3.02 of the Declaration, Owners owning more than one Lot shall be entitled
to one vote for each Lot owned.
ARTICLE V. DIRECTORS
5.1 Board of Directors: The affairs of the Association shall be managed by a Board of Directors
consisting of an odd number of Members determined from time to time in accordance with the By-Laws.
In no event shall the Board of Directors consist of fewer than three (3) directors. Directors shall be
Members of the Association except as otherwise provided.
5.2 Election of Directors: Directors of the Association shall be elected at the annual meeting of
the Members, in the manner provided by the By-Laws. Directors may be removed and vacancies on the
Board shall be filled in the manner provided by the By-Laws.
5.3 First Board of Directors: The names and addresses of the initial Board of Directors, who
have been selected by the Declarant and who shall serve until their successors are elected and have
qualified or until they resign or are removed,are as follows:
Timothy Oak
28100 Bonita Grand Dr., Ste. 200
Bonita Springs,Florida,34135
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Matthew Leukroth
28100 Bonita Grand Dr., Ste. 200
Bonita Springs,Florida,34135
Daniel Ciesielski
28100 Bonita Grand Dr., Ste. 200
Bonita Springs,Florida,34135
The initial Board of Directors designated by Declarant herein, and any directors subsequently
designated or appointed or elected by Declarant need not be members of the Association. All other Board
members shall be Members of the Association.
ARTICLE VI. OFFICERS
6.1 Officers: The affairs of the Association shall be administered by a President,Vice President,
Secretary, Treasurer and such other officers as may from time to time be created by the Board of
Directors as permitted by the By-Laws. Officers shall be elected by the Board of Directors at its first
meeting following the annual meeting of the Association and shall serve at the pleasure of the Board.
Offices may be combined as provided in the By-Laws. The names and addresses of the officers who shall
serve until their successors are designated by the Board of Directors are as follows:
Timothy Oak, President
28100 Bonita Grand Dr., Ste. 200
Bonita Springs,Florida, 34135
Matthew Leukroth,Vice President/Treasurer
28100 Bonita Grand Dr., Ste. 200
Bonita Springs,Florida, 34135
Daniel Ciesielski, Secretary
28100 Bonita Grand Dr., Ste. 200
Bonita Springs,Florida,34135
ARTICLE VII. INDEMNIFICATION
7.1 Indemnification: Every director and every officer of the Association shall be indemnified by
the Association against all expense and liabilities, including legal fees, reasonably incurred by, or
imposed upon him in connection with any proceeding or the settlement of any proceeding to which he
may be a party, or in which he may become involved by reason of his being or having been a director or
officer of the Association,whether or not he is a director or officer at the time such expenses are incurred,
except when the director or officer is adjudged guilty of willful and wanton misfeasance or malfeasance
in the performance of his duties;provided that in the event of a settlement,the indemnification shall apply
only when the Board of Directors approves such settlement and reimbursement as being for the best
interests of the Association. The foregoing right of indemnification shall be in addition to and not
exclusive of all other rights to which such director or officer may be entitled.
7.2 Insurance: The Board of Directors of the Association may purchase liability insurance to
insure all directors, officers or agents, past and present, against all expenses and liabilities as set forth
above. The premiums for such insurance shall be paid by the Members of the Association as part of the
common expenses.
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ARTICLE VIII. BY-LAWS
8.1 By-Laws: The first By-Laws of the Association shall be adopted by the Board of Directors,
and may be altered, amended or rescinded by a majority of the Board, except as otherwise may be
provided by the By-Laws and the Declaration.
ARTICLE IX. AMENDMENTS
9.1 Amendments: These Articles may be altered,amended or modified upon the affirmative vote
of the owners of two thirds (2/3) of the Lots in the Subdivision; provided however, that these Articles
may be altered, amended or modified by Declarant alone (without votes by the Owners), or its successor,
during the time that Declarant has the right to and does control the Association in accordance with the
Declaration. Amendments may be proposed by resolution of the Board of Directors or by the Owners of
any three (3) Lots. Provided, however, that no amendment affecting the Declarant, or its successors or
assigns as the developer of the Subdivision, as defined in the Declaration, shall be effective without the
prior written consent of the Declarant, its successors or assigns as such Declarant. Provided, further, that
no amendment shall make any change in the qualification for membership nor the voting rights of
Members without the approval of all Members. No amendment shall be made which is in conflict with
the Declaration.
ARTICLE X. EXISTENCE
10.1 Term: The term of the Association shall be perpetual; provided, however, in the event that
the Association is ever dissolved, the control or right of access to the Subdivision property containing the
surface water management system facilities shall be conveyed or dedicated to an appropriate
governmental unit or public utility and that if not accepted, then the surface water management system
facilities shall be conveyed to a non-profit corporation similar to the Association.
ARTICLE XL INCORPORATOR
11.1 Incorporator: The name and address of the incorporator of this Corporation is as follows:
Neal Communities of Southwest Florida,LLC, 5800 Lakewood Ranch Blvd, Sarasota,Florida, 34240.
ARTICLE XII. REGISTERED OFFICE AND AGENT
12.1 Registered Office and Agent: The Association hereby appoints NEAL
COMMUNITIES OF SOUTHWEST FLORIDA, LLC, a Florida limited liability company, whose
address is 5800 Lakewood Ranch Blvd., Sarasota,Florida, 34240, as its Registered Agent under the Laws
of Florida. By affixing its signature hereto,the said Registered Agent does hereby accept said designation
and appointment,and the office of the Resident Agent shall be at said address.
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ACCEPTANCE BY REGISTERED AGENT
Having been named as Registered Agent and to accept service of process for the above stated
corporation at the place designated in this certificate, the undersigned hereby accepts the appointment as
Registered Agent and agrees to act in this capacity. The undersigned further agrees to comply with the
provisions of all statutes relating to the proper and complete performance of its duties, and is familiar
with and accepts the obligations of its position as Registered Agent.
NEAL COMMUNITIES OF SOUTHWEST FLORIDA,
LLC,a Florida limited liability company
By: NCDG Management, LLC, a Florida limited liability
company �r
By:
Name: J. es R. Scheer
Its: `Manager
ARTICLE XIII. CONFLICT
13.1 Declaration Prevails & Controls. In the event of any conflict between the terms of these
Articles and those of the Declaration,the terms of the Declaration shall prevail and control.
SIGNATURE OF INCORPORATOR
IN WITNESS WHEREOF, the undersigned has caused these Articles to be executed this 2"d
day of August, 2017.
NEAL COMMUNITIES OF SOUTHWEST FLORIDA,
LLC, a Florida limited liability company
By: NCDG Manage - t, LLC,a Florida limited liability
company
By:
Name: mes R. Schier
Its: Manager
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EXHIBIT"H"
BY-LAWS
OF
MARQUESA ISLES NEIGHBORHOOD ASSOCIATION,INC.
A Corporation Not For Profit
ARTICLE I. IDENTIFICATION
1.01 Identity: These are the By-Laws of MARQUESA ISLES NEIGHBORHOOD
ASSOCIATION, INC., a corporation not for profit organized and existing under the laws of Florida,
hereinafter called"Association".
1.02 Purpose: The Association has been organized for the purpose of maintaining,preserving,
and managing the Lots and Common Property within Marquesa Isles of Naples (the "Subdivision"), a
subdivision located in the unincorporated area of the County of Collier,Florida,same to be in accordance
with the "Declaration of Covenants, Conditions and Restrictions for Marquesa Isles of Naples", herein
called the "Declaration."
1.03 Office: The office of the Association shall be at 28100 Bonita Grand Dr., Ste. 200,
Bonita Springs,Florida,34135,until otherwise changed by the Board of Directors.
1.04 Fiscal Year: The fiscal year of the Association shall be the calendar year.
1.05 Seal: The seal of the corporation shall bear the name of the corporation, the word
"Florida",and the words "Corporation Not For Profit" and the year of incorporation.
ARTICLE II. MEMBERS
2.01 Qualification: The Members of the Association shall consist of all of the record Owners
of Lots in the Subdivision which are subject to the Declaration,in accordance with the Declaration.
2.02 Change of Membership: Change of membership in the Association shall be established
by the recording in the Public Records of Collier County, Florida, of a deed or other instrument
establishing a change of record title to a Lot in the Subdivision. A copy of such instrument shall be
delivered to the Association. Upon recording, the owner established by such instrument of conveyance
shall thereupon become a member of the Association and the membership of the prior owner shall
thereupon be terminated.
2.03 Multiple Owners: When a Lot is owned by more than one person,whether as co-tenants,
joint tenants, tenants by the entirety or otherwise, each owner shall be a member of the Association by
virtue of being a record Owner of an interest in a Lot. Lessees of Lots shall not be members. All matters
of voting shall,however,be determined on a Lot basis,as provided in Article III.
2.04 Restraint upon Assignment of Membership, Shares and Assets: The membership of an
Owner, and the share of a member in the funds and assets of the Association shall not be assigned,
hypothecated or transferred in any manner,except as an appurtenance to his Lot.
2.05 Evidence of Membership: There shall be no stock or membership certificates in the
Association. Membership shall be determined by ownership as herein provided.
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ARTICLE III. VOTING
3.01 Voting Rights: The Member,Members, or Regular Members who are the record Owners
of each Lot in the Subdivision shall be collectively entitled to one (1)vote for each such Lot, as provided
in the Declaration and the Articles of Incorporation. Subject to Section 3.02 of the Declaration, if
Members own more than one Lot,they shall be entitled to one vote for each Lot owned. A Lot vote may
not be divided. As provided in Section 3.02 of the Declaration, and notwithstanding the number of Lots
actually owned by the Declarant, if any, the Declarant, together with any partial successor declarants,
shall be entitled to three (3)times the total number of votes then held by Regular Members (as defined in
Section 3.02 of the Declaration),plus one additional vote. After Turnover,the Declarant Member shall be
deemed to be a Regular Member and shall be entitled to one (1) vote for each Lot owned and/or
controlled by Declarant.
3.02 Voting Procedure: Subject to Section 3.02 of the Declaration, the single or multiple
owners of each Lot who are Regular Members shall have one vote for each Lot, and the Declarant
Member shall have the number of votes provided for in the Declaration. All determinations of requisite
majorities and quorums for all purposes under the Declaration,the Articles of Incorporation and these By-
laws shall be made by reference to the number of votes to which the Member is entitled. Decisions of the
Association shall be made by a simple majority of votes entitled to be cast by Members represented at a
meeting at which a quorum is present, unless a greater percentage is required by the Declaration, the
Articles of Incorporation,or these By-Laws.
3.03 Quorum: A quorum shall exist when Members entitled to cast not less than twenty five
percent(25%)of all votes are present,either in person,by designated voting representative or by proxy.
3.04 Designation of Voting Representative: The right to cast the vote attributable to each Lot
shall be determined,established and limited pursuant to the provisions of this Section:
(a) Single Owner: If the Lot is owned by one natural person, that person shall be entitled to
cast the vote for his Lot.
(b) Multiple Owners: If a Lot is owned by more than one person,either as co-tenants or joint
tenants, the person entitled to cast the vote for the Lot shall be designated by a certificate
signed by all of the record Owners and filed with the Secretary of the Association.
(c) Life Estate with Remainder Interest: If a Lot is owned by a life tenant, with others
owning the remainder interest, the life tenant shall be entitled to cast the vote for the Lot.
If the life estate is owned by more than one person, the authority to vote shall be
determined as herein otherwise provided for voting by persons owning a Lot in fee in the
same manner as the life tenants own the life estate.
(d) Corporations: If a Lot is owned by a corporation, the officers or employees thereof
entitled to cast the vote for the Lot shall be designated by a certificate executed by an
executive officer of the corporation and attested by the Secretary or an Assistant
Secretary,and filed with the Secretary of the Association.
(e) Partnership: If a Lot is owned by a general or limited partnership, the general partner
entitled to cast the vote for the Lot shall be designated by certificate executed by all
general partners and filed with the Secretary of the Association.
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(f) Trustees: If a Lot is owned by a trustee or trustees, such trustee or trustees shall be
entitled to cast the vote for the Lot. Multiple trustees may designate a single trustee, or a
beneficiary entitled to possession, and a single trustee may likewise designate such
beneficiary as the person entitled to cast the vote for the Lot by a certificate executed by
all trustees and filed with the Secretary of the Association.
(g) Estates and Guardianships: If a Lot is subject to administration by a duly authorized and
acting Personal Representative or Guardian of the property, then such Personal
Representative or Guardian shall be entitled to cast the vote for such Lot upon filing with
the Secretary of the Association a current certified copy of his Letters of Administration
or Guardianship.
(h) Tenants by the Entirety: If a Lot is owned by a husband and wife as tenants by the
entirety, they may designate a voting member in the same manner as other multiple
owners. If no certificate designating a voting member is on file with the Association,and
only one of the husband and wife is present at a meeting,he or she may cast the vote for
their Lot without the concurrence of the other owner. If both spouses are present, they
may jointly cast the vote for their Lot, but if they are unable to agree on the manner of
casting such vote,they shall lose their right to vote on such matter, although the Lot may
still be counted for purposes of a quorum.
(i) Leases: If a Lot is leased, the owner-lessor shall be entitled to cast the vote for the Lot,
except that the owner may designate a lessee as the person entitled to cast the vote for the
Lot by a certificate executed by all owners and filed with the Secretary of the
Association.
(j) Certificate: Whenever a certificate designating a voting representative is permitted or
required, such certificate shall, once filed, be valid until revoked. In the absence of a
valid certificate, a Lot shall not be counted in determining a quorum unless all owners
required to execute such certificate are present, in person or by proxy, and such Lot
Owners shall lose their vote on any particular matter unless they concur on the manner in
which the vote of the Lot is to be cast on that matter.
3.05 Approval or Disapproval of Matters: Whenever the decision of a Lot Owner is required
upon any matter, whether or not the subject of an Association meeting, such decision shall be expressed
by the same person who would cast the vote of such Owner if at an Association meeting, unless the
joinder of record Owners is specifically required by the Declaration or these By-Laws.
3.06 Proxies: Votes may be cast in person or by proxy. A proxy shall be in writing and
signed by the designated voting representative, or the Owner, if no voting representative has been
designated. A proxy shall be valid only for the particular meeting designated in the proxy, and must be
filed with the Secretary of the Association before the appointed time of the meeting or any adjournments
thereof. A properly executed and delivered proxy may be revoked by a writing delivered to the Secretary
prior to the appointed time of the meeting or any adjournments thereof, or by the attendance in person of
the persons executing said proxy at any meeting or adjournment thereof. No one person may be
designated to hold more than fifteen (15) proxies. In no event shall a proxy be valid for a period longer
than ninety(90)days after the date of the first meeting for which it was given.
3.07 Method of Voting: Subject to the provisions of the Declaration, voting may be by roll
call,voice vote or by written ballot;provided,however,that whenever written approval is required by the
Declaration, or whenever any amendment to the Declaration is proposed, or when any borrowing of
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funds, pledge, or other disposition of common properties or assets is proposed, the voting shall be by
written ballot. Routine matters such as approval of minutes, adjournment, acceptance of reports,
parliamentary questions and social business may be determined by "Yeas" and "Nays" provided that any
five(5)voting Members,or the chairman,may require a roll call vote or vote by written ballot.
ARTICLE IV. MEETINGS OF MEMBERS
4.01 Annual Meeting: The annual meeting of the Members shall be held during the month of
November of each year on a day and at a time determined by the Board of Directors;provided that notice
pursuant to Section 4.03 is given at least thirty(30)days prior to the date set for the annual meeting. The
annual meeting shall be for the purpose of electing directors, and transacting any other business
authorized to be transacted by the Members. No annual meeting shall be held until such time as the
Regular Members are entitled to elect a director pursuant to the provisions of the Declaration.
4.02 Special Meetings: Special meetings of the Members shall be held whenever called by the
President or Vice President, or by a majority of the Board of Directors, and must be called by such
officers upon receipt of a written request from voting members entitled to cast not fewer than fifteen
percent(15%)of the total number of votes.
4.03 Notice of Meetings: Notice of all meetings of the Members, stating the time, place and
subjects for which the meeting is called, shall be given by the President or Vice President or Secretary,
unless waived in writing. All such notices shall be given in writing to each member's address, as it
appears on the books of the Association; as the Member may have otherwise directed in writing; or as it
appears upon the instrument of conveyance establishing the membership interest. The notice shall be
mailed or delivered not fewer than fourteen(14) days,nor more than thirty (30) days, prior to the date of
the meeting. A duplicate notice shall be furnished to the designated voting representative if such voting
representative is not also an Owner. The notice for any meeting at which assessments against Lot Owners
are to be considered shall contain a statement of the nature of such assessments and that such assessments
will be considered. Proof of such mailing or delivery shall be given by an Affidavit of the person giving
the notice. Notice of meetings may be waived in writing before,during or after meetings.
4.04 Place: Meetings of the Association Members shall be held at such place in the County of
Collier County,Florida,as the Board of Directors may designate in the Notice of Meeting.
4.05 Adjournments: If any meeting of Members cannot be organized because a quorum has not
attended, the Members who are present, either in person or by proxy,may adjourn the meeting from time
to time until a quorum is present.
4.06 Order of Business: The order of business at annual meetings, and as far as practical at all
special meetings,shall be:
(a) Election of Chairman of the meeting(if necessary).
(b) Calling of the roll and certifying of the proxies.
(c) Proof of notice of the meeting or waiver of notice.
(d) Reading and disposal of any unapproved minutes.
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(e) Reports of officers.
(f) Reports of committees.
(g) Election of directors.
(h) Unfinished business.
(i) New business.
(j) Announcements.
(k) Adjournment.
4.07 Action Without Meeting: Whenever the affirmative vote or approval of the Members is
required or permitted by the Declaration or these By-Laws, such action may be taken without a meeting if
Members entitled to cast not fewer than seventy five percent (75%) of the votes if such meeting were
held, shall agree in writing that such action be taken and waive the necessity of such meeting. Provided,
however, that if a greater percentage approval is required, then not less than such percentage must so
agree in writing. Provided further that the Declaration,Articles of Incorporation and these By-Laws may
not be amended without a meeting. Notice of the action so taken shall be given in writing to all Members
who did not approve such action in writing within ten(10)days of such approval.
4.08 Proviso: Provided, however, that until the Declarant has terminated its control of the
Association and its affairs in accordance with the Declaration, the proceedings of all meetings of the
Members of the Association shall have no effect unless approved by the Board of Directors,except for the
rights of the Regular Members to elect directors.
ARTICLE V. DIRECTORS
5.01 Number: The affairs of the Association shall be managed by a Board of not less than three
(3) nor more than seven (7) directors (the "Directors") the exact number to be determined by the
Members from time to time prior to the annual election of Directors. The Board of Directors shall at all
times be comprised of an odd number of Members. Until otherwise determined by the Members, there
shall be three(3)Directors.
5.02 Election of Directors: The election of Directors shall be conducted in the following
manner:
(a) Election of Directors shall be held at the annual meeting of the Members. A
nominating committee of not less than three (3) nor more than five (5)Members may be
appointed by the Board of Directors not less than thirty (30) days prior to the annual
meeting of the Members. The nominating committee shall nominate at least one (1)
person for each directorship. Other nominations may be made from the floor, and
nominations for additional directorships, if any, created at the meeting shall be made
from the floor.
(b) The election shall be by ballots, unless dispensed with by unanimous consent,
and by a plurality of the votes cast, each person voting being entitled to cast his votes for
each of as many nominees as there are vacancies to be filled. There shall be no
cumulative voting.
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(c) Any Director may be recalled and removed from office, with or without cause,
by the vote or agreement in writing by a majority of all Lot Owners. A special meeting
of the Lot Owners to recall a Member or Members of the Board may be called by ten
percent (10%) of the Lot Owners giving notice of the meeting as required for a meeting
of Lot Owners, and the notice shall state the purpose of the meeting. The vacancy in the
Board of Directors so created shall be filled by vote of the Members of the Association at
the same meeting.
(d) The Declarant shall be vested with the power to designate the initial Board of
Directors, the Members of which need not be owners of Lots. The initial Board of
Directors shall serve until the first election of Directors. Any vacancies occurring prior
to the first election shall be filled by the remaining Directors.
(e) The first election of Directors shall be held when Declarant membership
terminates.
(f) When Declarant membership terminates and the Declarant Member is deemed to
be a Regular Member pursuant to the Declaration, then the Declarant shall call a special
meeting within sixty (60) days after such date, as provided in the Declaration. At such
special meeting all Regular Members shall elect a Board of Directors, to serve until the
next annual meeting. Thereafter, Directors shall be elected annually at the annual
meeting.
(g) Declarant may waive its right to elect or designate any one or more Directors it
otherwise has the right to designate under the Declaration and these By-Laws, which
waiver shall,however, apply only to the specific election at which the waiver is made. If
Declarant does waive such right, the Regular Members shall elect the Board member or
members who would otherwise have been elected or designated by Declarant.
5.03 Term: Subject to the provisions of Section 5.02, the term of each Director's service shall
extend to the next annual meeting of the Members and thereafter until his successor is duly elected and
qualified, or until he is removed in the manner elsewhere provided.
5.04 Qualifications: All Directors shall be Members of the Association; provided, however, that
any Director elected or designated by Declarant pursuant to these By-Laws need not be Members. An
officer of any corporate owner and a general partner of any partnership owner shall be deemed Members
for the purposes of qualifying for election to the Board of Directors.
5.05 Vacancies: Except as otherwise provided herein, if the office of any Director becomes
vacant, whether by reason of death, resignation, retirement, disqualification, incapacity or otherwise, a
majority of the remaining Directors shall select a successor, who shall hold the office for the unexpired
term of the Director he is replacing. Vacancies following removal of office pursuant to Section 5.02(c)
shall be filled as therein provided.
5.06 Disqualification and Resignation: Any Director may resign at any time by sending written
notice to the Secretary of the Association. Such resignation shall take effect upon receipt by the
Secretary, unless otherwise specified in the resignation. Any Director who must be a member of the
Association shall be deemed to have resigned if he transfers his Lot so that he ceases to be a member of
the Association. After the Declarant membership status has terminated pursuant to the Declaration,more
than three (3) consecutive unexcused absences from regular Board meetings shall be deemed a
resignation,which shall be effective upon acceptance by the Board.
81-
1
bA2
5.07 Voting: All voting for the election of Directors shall be as provided in Article III hereof.
Notwithstanding the foregoing, Directors may not vote by proxy or by secret ballot at Board meetings,
except that secret ballots may be used in the election of Officers. A vote or abstention from voting on
each matter voted upon for each Director present at a Board meeting must be recorded in the minutes.
5.08 Organization Meeting: The organization meeting of a newly elected Board of Directors
shall be held within thirty (30) days of its election, at such place and time as shall be fixed by the
Directors at the meeting at which they were elected, and no further notice of the organization meeting
shall be necessary.
5.09 Regular Meetings: The Board may, from time to time, establish a schedule of regular
meetings to be held at such time and place as the Board may designate. Any regular scheduled meetings
may be dispensed with upon written concurrence of not less than two-thirds (2/3) of the Members of the
Board.
5.10 Special Meetings: Special Meetings of the Directors may be called by the President and
must be called by the Secretary or an Assistant Secretary at the written request of one-third (1/3) of the
Directors.
5.11 Notice:
(a) To Directors: Notice of each regular or special meeting shall be given to each Director
personally or by mail, telephone or telegraph at least three (3) days prior to the meeting
date. All notices shall state the time and place of the meeting, and if a special meeting,
the purposes thereof. Any Director may waive notice of a meeting before,during or after
the meeting, and all such waivers shall be deemed equivalent to the giving of notice.
Attendance by a Director at a meeting shall be deemed a waiver of notice by him.
(b) To Members: Notices of all Board meetings, and meetings of any committee or similar
body of the Board, shall be posted in a conspicuous place in the Subdivision at least forty
eight(48) hours in advance of the meeting except in an emergency. In the alternative, if
notice is not posted in a conspicuous place in the Subdivision, notice shall be mailed or
delivered to each Member at least seven (7) days before the meeting, except in an
emergency. Notwithstanding the foregoing, in the event the number of Members is in
excess of 100, a reasonable alternative to posting or mailing may be provided, including
publication of notice or provision of a schedule of Board meetings. The notice for any
meeting at which assessments against Lot Owners are to be considered shall contain a
statement of the nature of such assessments and that such assessments will be considered.
Proof of such posting, mailing or delivery shall be given by an Affidavit of the person
giving the notice. Notice of meetings may be waived in writing before, during or after
meetings.
5.12 Quorum: A quorum at Directors'meetings shall consist of a majority of the entire Board of
Directors. The acts approved by a majority of those present at a meeting at which a quorum is present
shall constitute the act of the Board of Directors; except where approval of a greater number of Directors
is required by the Declaration or these By-Laws.
5.13 Adjourned Meeting: If, at any meeting of the Board of Directors, there be less than a
quorum present, the majority of those present may adjourn the meeting from time to time until a quorum
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16 A2
is present. At any adjourned meeting any business which might have been transacted at the meeting as
originally called may be transacted without further notice.
5.14 Joinder in Meeting by Approval of Minutes: The joinder of a Director in the action of a
meeting, by signing and concurring in the minutes thereof shall constitute the concurrence of such
Director for the purpose of determining requisite majorities on any action taken and reflected in such
minutes or to create a quorum. Directors may join in minutes under this Section only after an open
meeting,for the purposes herein provided.
5.15 Meetings Open: Meetings of the Board of Directors shall be open to all Members, except
for meetings between the Board and its attorney with respect to proposed or pending litigation where the
contents of the discussion would be otherwise be governed by the attorney/client privilege.
5.16 Presiding Officer: The presiding officer at Directors'meetings shall be the President. In the
absence of the President, the Vice President shall preside. In the absence of both, the Directors shall
designate one of their Members to preside.
5.17 Directors' Fees: Directors shall not be entitled to receive Directors' fees, but may be
reimbursed out of pocket expenses advanced by the Director.
5.18 Electronic Voting, Electronic Signatures and Electronic Notices: Voting, notices and all
other matters affecting the Association may be conducted electronically, with electronic signatures and
the like,all as permitted by law.
5.19 Order of Business: The order of business of Directors'meetings shall be:
(a) Roll call.
(b) Proof of notice of meeting or waiver of notice.
(c) Reading and disposal of any unapproved minutes.
(d) Reports of officers and committees.
(e) Election of officers,if any.
(f) Unfinished business.
(g) New business.
(h) Announcements.
(i) Adjournment.
ARTICLE VI. POWERS AND DUTIES OF BOARD OF DIRECTORS
The Board of Directors shall have all powers, authority, discretion and duties necessary for the
administration of the Association and operation of the Subdivision, except as may be reserved or granted
to the Lot Owners, Declarant or a specific committee or committees of the Association by the
Declaration, Articles of Incorporation, or these By-Laws. The powers of the Board shall include, but
shall not be limited to,the following:
83-
1 6 A 2
6.01 General Powers: All powers specifically set forth in the Declaration, Articles of
Incorporation and these By-Laws, and all powers incident thereto or reasonably to be inferred therefrom.
6.02 Enforcement: The Board of Directors shall, when deemed necessary by the Board, enforce
by legal means, provisions of the Declaration, the Articles of Incorporation, the By-Laws and rules and
regulations for the use of the Common Property.
6.03 Budget and Assessments: To adopt budgets and make assessments, and to use and expend
assessments and other receipts of the Association to carry out the powers and duties of the Association
pursuant to the Declaration and these By-Laws.
6.04 Employment: To employ, dismiss, control and contract for personnel and contractors for
the administration of the Association, including but not limited to managers, maintenance personnel,
attorneys, accountants and other professionals,by employment or contract,as the Board may determine.
6.05 Rules and Regulations: To adopt, amend and rescind reasonable rules and regulations
relating to the administration of the Association and operation and use of any Common Property, subject
to the Declaration and By-Laws. Provided, however, that any rules or regulations adopted by the Board
may be supplemented,amended or rescinded by affirmative vote of the Owners of not less than two-thirds
(2/3) of the Lots subject to the Declaration. Any such rules or regulations approved by the Owners shall
not thereafter be amended or rescinded except upon affirmative vote of the Owners of not less than two-
thirds(2/3) of the Lots in the Subdivision subject to the Declaration.
6.06 Committees: To create and disband such committees as the Board may from time to time
determine as reasonably necessary or useful in and about the administration of the Association, and to
delegate such authority to such committees as may be reasonable in connection with their purpose, subject
always to the provisions of the Declaration, Articles of Incorporation and By-Laws. All committees of
the Association shall keep records and conduct meetings in the same manner, to the extent applicable, as
is required of the Board of Directors.
ARTICLE VII. OFFICERS
7.01 Officers and Election: The officers of the Association shall be a President, who shall be a
Director; a Vice President, who shall be a Director; a Treasurer, a Secretary and such other officers as
may be determined from time to time by the Board,all of whom shall be elected annually by the Board of
Directors, and who may be peremptorily removed by a majority vote of all Directors at any meeting. Any
person may hold two offices except that the President shall not also be the Secretary or an Assistant
Secretary. The Board of Directors shall designate the powers and duties of such other officers as it may
create.
7.02 President: The President shall be the chief executive officer of the Association. The
President shall have all of the powers and duties which are usually vested in the office of President of an
Association; including but not limited to the power to appoint advisory committees from time to time,
from among the Members or others as he may in his discretion determine appropriate, to assist in the
conduct of the affairs of the Association. The President shall serve as Chairman at all Board and
membership meetings.
7.03 Vice President: The Vice President shall, in the absence or disability of the President,
exercise the powers and perform the duties of the President. The Vice President shall also generally assist
84-
16 A2
the President, and exercise such other powers and perform such other duties as shall be prescribed by the
Directors.
7.04 Secretary and Assistant Secretary: The Secretary shall keep the minutes of all proceedings
of the Directors and the Members. The Secretary shall attend to the giving and serving of all notice to the
Members and Directors. The Secretary shall keep the records of the Association, except those of the
Treasurer, and shall perform all other duties incident to the office of Secretary of an Association, as may
be required by the Directors or the President. The Assistant Secretary, if such office is created, shall
perform the duties of the Secretary, when the Secretary is absent. The minutes of all meetings of the
Members and the Board of Directors shall be kept in books available for inspection by Members, or their
authorized representatives,and Board members at any reasonable time. All such records shall be retained
for not less than seven(7)years.
7.05 Treasurer: The Treasurer shall have the custody of all the property of the Association
including funds, securities and evidences of indebtedness. The Treasurer shall keep the books of the
Association in accordance with good accounting practices, and provide for collection of assessments, and
perform all other duties incident to the office of Treasurer.
7.06 Compensation: The compensation of all officers and employees of the Association shall be
fixed by the Directors. The provisions that Directors' fees shall be determined by Members shall not
preclude the Board of Directors from employing a Director as an employee of the Association, nor
preclude contracting with a Director for the management services. No officer who is a designee of the
Declarant shall receive any compensation for his services.
7.07 Indemnification of Directors and Officers: Every Director and every officer of the
Association shall be indemnified by the Association against all expenses and liabilities, including
attorney's fees, reasonably incurred by or imposed upon him in connection with any proceeding to which
such Director or officer may be a party or in which such Director or officer may become involved by
reason of being or having been a Director or officer of the Association, whether or not such Director or
officer is a Director or officer at the time such expenses are incurred, except in such cases when the
Director or officer is adjudged guilty of willful misfeasance or malfeasance in the performance of such
Director's or officer's duties. The foregoing right of indemnification shall be in addition to and not
exclusive of all other rights to which such Director or officer may be entitled.
7.08 Term: All officers shall hold office until their successors are chosen and qualify.
ARTICLE VIII. FISCAL MANAGEMENT
The provisions for fiscal management of the Association set forth in the Declaration shall be
supplemented by the following provisions:
8.01 Accounting: Receipts and expenditures of the Association shall be credited and charged to
Association accounts in accordance with generally accepted accounting principles consistently applied.
8.02 Budget: The Board of Directors shall adopt a budget for each calendar year which shall
include the estimated funds required to defray the current expenses and funds for required reserves if
deemed necessary by the Board. The budget may provide funds for specifically proposed and approved
improvements.
8.03 Procedure: The Board of Directors shall adopt a budget in accordance with the Declaration.
85-
16A2
8.04 Assessments: Regular annual assessments against a Lot Owner for such Owner's share of
the items of the budget shall be made in advance on or before December 20 preceding the year for which
the assessment is made. Such assessment shall be due either annually or, at the discretion of the Board, in
periodic installments, which shall come due on intervals established by the Board. If an annual
assessment is not made as required, an assessment shall be presumed to have been made in the amount of
the last prior assessment and monthly payments thereon shall be due from the 1st day of each month until
changed by an amended assessment. In the event the annual assessment proves to be insufficient, the
budget may be amended at any time by the Board and a supplementary assessment levied. The
supplementary assessment shall be due on the 1st day of the month next following the month in which the
supplementary assessment is made or as otherwise provided by the Board of Directors.
8.05 Acceleration of Assessments: Upon default in payment the Board may elect to accelerate
remaining installments of any assessments in accordance with the Declaration.
8.06 Expenditures: All funds of the Association shall be expended only upon authorization of
the Board of Directors. Approval of the budget shall be deemed authority to expend funds for the items
and contingency funds within the budget. Funds derived from special assessments and funds in
specifically designated reserves shall be expended solely for the purpose for which such assessment was
made or reserve established. Contingency funds may be expended for any legitimate purpose by action of
the Board.
8.07 Depository: The depository of the Association shall be in such bank or banks as shall be
designated from time to time by the Directors, and in which the moneys of the Association shall be
deposited.
Withdrawal of moneys from such accounts shall be only by checks signed by such persons as are
authorized by appropriate resolution of the Board of Directors. Funds of the Association may be co-
mingled or kept in separate accounts,except as otherwise required by the Declaration.
8.08 Audit: After Declarant transfers complete control of the Association, a report of the
accounts of the Association shall be made annually by the Board, and a copy of the report shall be
furnished to each member not later than April 1 of the year following the year for which the report is
made.
8.09 Fidelity Bonds: Fidelity Bonds may be required by the Board of Directors from all persons
handling or responsible for the Association's funds. The amounts of such bonds shall be determined by
the Directors of the Association. The premiums on such bonds, if required by the Board, shall be paid by
the Association as a Common Expense.
ARTICLE IX. PARLIAMENTARY RULES
Roberts Rules of Order, the latest edition, shall govern the conduct of the meetings of the
Association, the Board of Directors and Committees of the Association when not in conflict with the
Declaration,Articles of Incorporation or these By-Laws.
ARTICLE X. AMENDMENT
These By-Laws may be amended by the Members of the Association at any regular or special
meeting duly called for that purpose by the affirmative vote of an absolute majority of all votes entitled to
be cast. Notwithstanding the foregoing, no amendment shall be made that is in conflict with the
Declaration or the Articles of Incorporation, except as provided in said Declaration or Articles. Provided,
however,that these By-Laws may be amended at any time by the Declarant Members during the time that
86-
162
the Declarant Members have and exercise the right to control the Association, provided that such
amendment is not in conflict with the Declaration.
ARTICLE XI. MISCELLANEOUS
The provisions of these By-Laws shall be construed together with the Declaration and the Articles
of Incorporation. In the event of a conflict between the provisions hereof and the provisions of the
Declaration or Articles, the provisions of the Declaration or Articles shall control. Unless otherwise
specifically provided, terms used herein shall have the meanings set forth in the Declaration. The
provisions hereof shall be liberally construed to grant to the Association sufficient practical authority to
implement its obligations and authorities under the Declaration. Whenever the context so requires, the
use of any gender herein shall be deemed to include all genders, and the use of the plural shall include the
singular and the singular shall include the plural.
In the event there is any conflict between the terms and provisions of these By-Laws or the
Declaration of Covenants, Conditions and Restrictions for Marquesa Isles of Naples (the "Declaration"),
then the terms of the Declaration shall prevail and control.
The foregoing was adopted as the By-Laws of the Association at the first meeting of the Board of
Directors on the rd day of August,2017.
MARQUESA ISLES NEIGHBORHOOD ASSOCIATION INC., a
Florida not for profit corporation
By:
Timothy Oak, President
test: di)(
Daniel Ciesielski, Sec etary
87-
16A2
Ex parte Items - Commissioner Taylor
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
10/10/2017
Consent Agenda
16.A.1. This item requires that ex parte disclosure be provided by Commission members. Should a
hearing be held on this item, all participants are required to be sworn in. Recommendation to
approve for recording the final plat of Hadley Place West, (Application Number 20160002629)
approval of the standard form Construction and Maintenance Agreement and approval of the
amount of the performance security.
NO DISCLOSURE FOR THIS ITEM
SEE FILE ❑Meetings Correspondence ®E-mail ❑Calls
16.A.2. This item requires that ex parte disclosure be provided by Commission members. Should a
hearing be held on this item, all participants are required to be sworn in. Recommendation to
approve for recording the final plat of Marquesa Isles of Naples, (Application Number
PL20160002811) approval of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
NO DISCLOSURE FOR THIS ITEM
n SEE FILE (Meetings 'Correspondence —E-mail —Calls
16.A.3. This item requires that ex parte disclosure be provided by Commission members. Should a
hearing be held on this item, all participants are required to be sworn in. Recommendation to
approve for recording the final plat of Azure at Hacienda Lakes—Phase 2, (Application Number
PL20170001741) approval of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
X NO DISCLOSURE FOR THIS ITEM
SEE FILE Meetings Correspondence FE-mail Calls
. � 1 6 A 2
unity®
Rev. Diane Scribner Clevenger, AY 1 1 2017
Senior Minister
2000 Unity Way, Naples, FL 34112 /3�+
fe-de.
of Naples Ph: (239) 775-3009 • Fax: (239) 775-2082 e-40-K441.
JrZe-eir;40ts
April 26,2017 Lam. Al4''tiie
e45YAMI. 434‘446-4.42/
Re:Vacating Application for Marquesa Isles of Naples el:P.n./M. )4942-1
Proposed Easement Vacation
To Whom It May Concern,
I am writing you on behalf of the Unity Church of Naples,located at 2000 Unity Way,Naples Florida,34112.
I serve as a representative for,and am a Member of,the Unity of Naples Board of Trustees.
At the request of our Senior Minister,Rev Diane Scribner Clevenger and our Operations Manager,Doreen
Zeneski, I am writing you concerning the proposed easement vacation notification letter we received, dated
April 20,2017.
On April 26,2017 I phoned and spoke with Brent Addison,Project Engineer with Q Grady Minor&
Associates,and then subsequently spoke with the Developer of this project to express our"objection and
concerns"to the proposed easement vacation.
The current easement provides access directly to our church property lake (Amelia Lake).We object to its
vacation because our 10acre lake parcel would then become landlocked.We are also concerned because we
want to keep our options open for any potential emergency access requirements that we will need to meet
when and if we build or expand in the future.
We are willing to consider possible optional easement scenarios from the developer.
Any final relocated easement determination,agreement or remedy will be subject to approval by the Unity
of Naples Board of Trustees.
We are,therefore,opposed to this easement being vacated as it would have a detrimental effect to our
property and its value to us and future generations.
Si cerely,
/1/4^— Date MAI o )zv11
Brian Jones
Member,Unity of Na es Board of Trustees
�� �t'' 2 Date ' c=2077Diane Scribner Clevenger �/
Senior Minister,Unity of Naples
Ex parte Items - Commissioner Solis 16 A 2
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
10/10/2017
16.A.2. This item requires that ex parte disclosure be provided by Commission members. Should a
hearing be held on this item, all participants are required to be sworn in. Recommendation to
approve for recording the final plat of Marquesa Isles of Naples, (Application Number
PL20160002811) approval of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
❑ NO DISCLOSURE FOR THIS ITEM
SEE FILE ❑Meetings ❑Correspondence ❑E-mail ❑Calls
1 6 A 2
Ex parte Items - Commissioner Fiala
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
10/10/2017
Consent Agenda
16.A.1. This item requires that ex parte disclosure be provided by Commission members. Should a
hearing be held on this item, all participants are required to be sworn in. Recommendation to
approve for recording the final plat of Hadley Place West, (Application Number 20160002629)
approval of the standard form Construction and Maintenance Agreement and approval of the
amount of the performance security.
NO DISCLOSURE FOR THIS ITEM
SEE FILE I 'Meetings _Correspondence I 1E-mail nCalls
16.A.2. This item requires that ex parte disclosure be provided by Commission members. Should a
hearing be held on this item, all participants are required to be sworn in. Recommendation to
approve for recording the final plat of Marquesa Isles of Naples, (Application Number
PL20160002811) approval of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
NO DISCLOSURE FOR THIS ITEM
SEE FILE I 'Meetings ®Correspondence E-mail nCalls
Letter from Unity Church of Naples
16.A.3. This item requires that ex parte disclosure be provided by Commission members. Should a
hearing be held on this item, all participants are required to be sworn in. Recommendation to
approve for recording the final plat of Azure at Hacienda Lakes—Phase 2, (Application Number
PL20170001741) approval of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
Fq NO DISCLOSURE FOR THIS ITEM
SEE FILE Meetings _Correspondence _E-mail flCalls
40.
'- e0J2idigiat 16 A2
Unit o Rev. Diane Scribner Clevenger, AY 1 1 2017
Senior Minister
2000 Unity Way, Naples, FL 34112 ��fLesee„,n4,4
of Naples Ph: (239) 775-3009 • Fax: (239) 775-2082 . iayeeyeko.....,
April 26,2017 eignf 41•
. dLs'a ,Q/
Re:Vacating Application for Marquesa Isles of Naples eaht4 . )461
Proposed Easement Vacation
To Whom It May Concern,
I am writing you on behalf of the Unity Church of Naples,located at 2000 Unity Way, Naples Florida,34112.
I serve as a representative for,and am a Member of,the Unity of Naples Board of Trustees.
At the request of our Senior Minister,Rev Diane Scribner Clevenger and our Operations Manager, Doreen
Zeneski, I am writing you concerning the proposed easement vacation notification letter we received,dated
April 20,2017.
On April 26,2017 I phoned and spoke with Brent Addison, Project Engineer with Q Grady Minor&
Associates,and then subsequently spoke with the Developer of this project to express our"objection and
concerns"to the proposed easement vacation.
The current easement provides access directly to our church property lake (Amelia Lake).We object to its
vacation because our 10acre lake parcel would then become landlocked.We are also concerned because we
want to keep our options open for any potential emergency access requirements that we will need to meet
when and if we build or expand in the future.
We are willing to consider possible optional easement scenarios from the developer.
Any final relocated easement determination,agreement or remedy will be subject to approval by the Unity
of Naples Board of Trustees.
We are,therefore,opposed to this easement being vacated as it would have a detrimental effect to our
property and its value to us and future generations.
Si cerely,
/1/4..,— SDate All1o j 2 , 7
Brian Jones
Member,Unity of Na es Board of Trustees
P_, 0-, ' « /C. -12?/ 1Date 7- ' Oj c=26/7Diane Scribner Clevenger �/
Senior Minister,Unity of Naples
1 6 A 2
Ex parte Items - Commissioner Saunders
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
10/10/2017
16.A.2. This item requires that ex parte disclosure be provided by Commission members. Should a
hearing be held on this item,all participants are required to be sworn in. Recommendation to
approve for recording the final plat of Marquesa Isles of Naples, (Application Number
PL20160002811)approval of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
NO DISCLOSURE FOR THIS ITEM
n SEE FILE Meetings ❑Correspondence ❑E-mail ❑Calls
16.A.3. This item requires that ex parte disclosure be provided by Commission members. Should a
hearing be held on this item,all participants are required to be sworn in. Recommendation to
approve for recording the final plat of Azure at Hacienda Lakes—Phase 2, (Application Number
PL20170001741) approval of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
X NO DISCLOSURE FOR THIS ITEM
SEE FILE ❑Meetings [Correspondence nE-mail ❑Calls
Summary Agenda
17.A. This item requires that ex parte disclosure be provided by Commission members. Should a
hearing be held on this item,all participants are required to be sworn in. Recommendation to
approve Petition VAC-PL20170001877 to disclaim, renounce and vacate the conservation
easement described in O.R. Book 5079, Page 1855 of the Public Records of Collier County,
Florida.The subject property is located on the north side of Elsa Street,approximately one
quarter mile east of Shirley Street, in Section 11,Township 49 South, Range 25 East, Collier
County, Florida.
NO DISCLOSURE FOR THIS ITEM
n SEE FILE [Meetings ❑Correspondence DE-mail ❑Calls
1 6 A 2
Ex parte Items - Commissioner William L. McDaniel, Jr.
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
10/10/17
CONSENT AGENDA
16.A.1. This item requires that be provided by Commission members.Should a
hearing be held on this item,all participants are required to be sworn in. Recommendation to
approve for recording the final plat of Hadley Place West,(Application Number 20160002629)
approval of the standard form Construction and Maintenance Agreement and approval of the
amount of the performance security.
X NO DISCLOSURE FOR THIS ITEM
^ SEE FILE Meetings Correspondence _e-mails ❑Calls
16.A.2. This item requires that be provided by Commission members.Should a
hearing be held on this item,all participants are required to be sworn in. Recommendation to
approve for recording the final plat of Marquesa Isles of Naples,(Application Number
P120160002811)approval of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
X NO DISCLOSURE FOR THIS ITEM
SEE FILE I 'Meetings LjCorrespondence Fie-mails Calls
16.A.3. This item requires that be provided by Commission members.Should a
hearing be held on this item,all participants are required to be sworn in.Recommendation to
approve for recording the final plat of Azure at Hacienda Lakes—Phase 2,(Application Number
P120170001741)approval of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
Fi NO DISCLOSURE FOR THIS ITEM
SEE FILE I 'Meetings (Correspondence ❑e-mails (Calls