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Backup Documents 05/09/2017 Item #16A3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP i 6 A 3 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County.Attorney'Office at the time the item is placed on the agenda. All completed routing slips and original documents must he received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 2. 3. County Attorney Office County Attorney Office 4. BCC Office Board of County �S (19 Commissioners 5. Minutes and Records Clerk of Court's Office 45://,t--1?) 3,, 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 A4c 'eh 9,2017 Agenda Item Number 16A3 Approved by the BCC Type of Document Plat,an Declaration of Covenants, Number of Original -2-- ) Attached Conditions 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. / /Q� Some documents are time sensitive and require forwarding to Tallahassee within a certain /V lf� time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 3/9/17 and all changes made during the �m • meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. r 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made,and the document is ready for the . i 0` 0,3 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 16 A3 MEMORANDUM Date: May 21, 2018 To: Jodi Hughes, Project Manager Development Review From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Plat and Declaration of Covenants, Conditions and Restrictions —Vincent's Acres Attached is a copy of the aforementioned document as referenced above, (Item #16A3) approved by Board of County Commissioners on Tuesday, May 9, 2017. If you need anything further, please feel free to contact me at 252-8411. Thank you. Attachment Prepared by and after 16 A3 recording return to: Marjorie Student-Stirling,Esq. c/o Habitat for Humanity of Collier County,Inc. 11145 Tamiami Trail East Naples,FL 34113 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF VINCENT'S ACRES NOTICE DURING SUCH TIME AS THE PROPERTY DESCRIBED HEREIN IS USED FOR A PURPOSE FOR WHICH CERTAIN GRANT FUNDING WAS PROVIDED OR FOR ANOTHER PURPOSE INVOLVING THE PROVISION OF SIMILAR SERVICES OR BENEFITS THEN NO PERSON HAVING AN INTEREST IN THIS PROPERTY SHALL REFUSE SERVICE FOR OR ACCOMMODATION OR OTHER BENEFITS TO ANY PERSON WITH RESPECT TO THE PROPERTY ON ACCOUNT OF THE PERSON'S RACE, COLOR OR NATIONAL ORIGIN OR OTHERWISE ENGAGE IN DISCRIMINATION CONDUCT OF ANY KIND ON ACCOUNT OF A PERSON'S RACE, COLOR OR NATIONAL ORIGIN WITH RESPECT TO THE PROPERTY. THIS COVENANT SHALL RUN WITH THE LAND. Declaration of Covenants, Conditions and Restrictions Page 1 16 A3 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF VINCENT'S ACRES THIS DECLARATION is made this Ct4t—day of March, 2018, by HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., a Florida not-for-profit corporation (the "Declarant"), for itself and its successors, grantees, and assigns. WITNESSETH: WHEREAS, Declarant intends to develop a residential neighborhood in Collier County, Florida, called Vincent's Acres (the "Development"), on the property described in Exhibit "A" attached hereto; WHEREAS, Declarant desires to impose certain covenants, conditions and restrictions on the Development as specifically set forth herein; and WHEREAS, Declarant desires to provide for the preservation and enhancement of the property values, amenities and opportunities in the Development and for the maintenance of the property and improvements thereon and to this end desires to subject the property depicted in Exhibit "A", together with such additions as may hereafter be made thereto in accordance with the provisions hereof, to the protective covenants, conditions and restrictions and other provisions herein as set forth, each of which is, and all of which are, for the benefit of said property and each Owner thereof. NOW, THEREFORE, the Declarant declares that property within the Development is and shall be held, transferred, sold, conveyed and occupied subject to these restrictions, covenants, servitudes, impositions, easements, charges and liens hereinafter set forth, specifying that this Declaration shall constitute a covenant running with the land and specifying that this Declaration is binding upon the undersigned and on all persons gaining title through the undersigned. 1. DEFINITIONS. Defined teams contained in this Declaration, as denoted by initial capitalization of such terms, which are not defined herein, shall have the following meanings: 1.1 "Association"means the VINCENT'S ACRES HOMEOWNER ASSOCIATION, INC., a Florida corporation not-for-profit, its successors and assigns. 1.2 "Board" or "Board of Directors" means the Board of Directors of the Association. 1.3 "Common Areas" means all real property or property rights, including any improvements and fixtures thereon, owned by, leased by, or the use of which has been granted to the Association for the common use and enjoyment of its Members, including any additional property which may be dedicated to or the use of granted to the Association by the Declarant in the future. Declaration of Covenants, Conditions and Restrictions Page 2 16A3 1.4 "Declarant" means HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., a Florida not-for-profit corporation, which has its principal place of business in Collier County, Florida. The term "Declarant" shall also mean and refer to any successors in interest to the Declarant's rights and duties under this Declaration. 1.5 "Development" means any and all property submitted to the terms of this Declaration pursuant hereto. The Development may also be referred to herein as "Vincent's Acres". 1.6 "Dwelling Unit" means any residential unit intended for occupancy by one (1) family or household. 1.7 "Improvement" means all structures, conduits, or landscaping of any kind which may be built, erected or placed on any Lot or Common Areas within the Development, including, without limitation, any building, fence, wall, sign, pavement, enclosure, sewer, drain, system, or facility. 1.8 "Lot" means any or all of the land included in an individual lot or residential site depicted on the Plat. 1.9 "Member" means those persons who are entitled to membership in the Association as provided in the Association's Articles of Incorporation and this Declaration. 1.10 "Owner" means any person or persons, entity or entities, who are the record Owner of any fee interest of real property within the Development, their heirs, successors, legal representatives and assigns, excluding those having such interest merely as security for the performance of an obligation. 1.11 "Rules and Regulations" means any and all rules and regulations which are duly promulgated from time to time by the Board of Directors. 2. GENERAL RESTRICTIONS 2.1 Use and Occupancy Restrictions. In addition to other restrictions, reservations, and conditions set forth elsewhere in this Declaration and the Articles of Incorporation and Bylaws of the Association, the Development shall be subject to the following restrictions, reservations, and conditions, all of which shall run with the land and, with the exception of the Declarant or Association, be binding upon each and every owner who shall acquire or own a Lot and shall be binding upon the respective heirs, personal representatives, successors, and assigns thereof. A. Each Dwelling Unit shall be occupied as a residence and shall be used for no other purpose. No Dwelling Unit or Lot may be divided or subdivided into a smaller Dwelling Unit or Lot, nor any portion thereof sold or otherwise transferred without the prior written consent of the Association. No improper, offensive or unlawful use shall be made of a Dwelling Unit or Lot or any part thereof; and all valid laws, zoning ordinances, and regulations of all governmental bodies having jurisdiction thereof shall be observed. Declaration of Covenants, Conditions and Restrictions Page 3 16A3 B. Where legal title to a Lot is in the name of a corporation, trust, partnership or entity than an individual, the Owner shall, by certificate delivered to the Secretary of the Association, designate one (1) family or person as the primary occupant of the Dwelling Unit. C. No Dwelling Unit may be sold or used on a "time share"basis. D. No Owner shall transfer a Dwelling Unit or any interest therein, including a leasehold interest, without providing the Board with at least fifteen (15) days prior written notice, which notice shall include the name and address of the proposed purchaser, lessee, or donee and such other information as the Board may reasonably require. If no notice is given, the Association, at its election may approve or disapprove the transfer without prior notice. Within thirty (30) days after any transfer, the Owner must provide to the Association a copy of any deed or other written instrument conveying the interest and the address and phone number at which any new Owner or renter may be contacted by the Association. E. No Owner shall commence or implement any variation from, modification to, or amendment of the recorded plat for the Development, or any other governmentally approved plans, land development regulations, development orders, water management permits, or environmental permits applicable to the Development, or to any Lot, without the prior written approval of Declarant (if prior to Turnover) or the Association (if after Turnover), which approval may be denied at the sole discretion of Declarant or the Association. 2.2 Landscaping. Common Areas landscaping shall be maintained by the Association. Landscaping on each Lot shall be maintained by the Owner of the Lot. 2.3 Storage. No storage shall be'permitted outside of the Dwelling Units. No items may be hung or otherwise stored on a Lot outside the Dwelling Unit, including without limitation: scrap metal, any inoperable or abandoned materials, items or articles, whether in the form of vehicles, appliances, furniture, equipment, unsightly items, building materials, hoses, ladders, lawn or garden tools, or other personal property items of any type. No gasoline, heating or other fuels shall be permitted to be stored on any Lot or in any part of the Development, except that up to four (4) five (5) gallon containers of fuel may be stored in each Dwelling Unit for emergency purposes or for operation of lawn mowers, outdoor grills, household tools, generators or other equipment. 2.4 Pets. No animals, livestock or birds of any kind shall be raised, bred, or kept in the Development, except that the Owner of each Dwelling Unit may keep not more than two (2) pets of a normal domesticated household type (such as a cat or dog) within the Owner's Dwelling Unit. However, no animals or pets shall be raised for commercial purposes within the Development. No pet shall be permitted outside of the Dwelling Unit or any walled or fenced enclosure on the Lot except when leashed and accompanied by a responsible person. Each Owner shall be responsible for the actions of each pet kept primarily in the Owner's Lot and shall be responsible for cleaning up after each such pet. The ability to keep any pet within the Development is a privilege, not a right, and the Board of Directors is empowered to restrict the keeping of such pet(s). In the event that any pet kept within the Development should constitute a nuisance in the opinion of a majority of the Board of Directors, then the Owner, when so notified in writing, shall be required to immediately remove said pet from the Development. Declaration of Covenants, Conditions and Restrictions Page 4 1 6 A 3 2.5 Parking; Storage of Vehicles and Personal Property. Motor vehicles which are not validly registered and bearing a valid license plate shall not be stored or parked anywhere within the Development. Personal property, including bicycles, motorcycles, mopeds, grills, and the like shall be kept within a Dwelling Unit, except when in use, and may not be left on driveways or Common Areas overnight. A towing company may be used at the discretion of the Declarant while abiding by applicable rules and regulations for its use. 2.6 Maintenance of Lot. The Owner shall maintain all potable water lines from the water meter throughout the Lot. The Owner shall maintain all sewer lines from the lot line throughout the Lot. Owners shall be responsible for maintaining all exterior portions of their Dwelling Units and all portions of the Lots not maintained by the Association, including, but not limited to, driveways, walkways, and any structures or fixtures located on Lots, unless provided otherwise in this Declaration. 2.7 Clothes Drying; Laundry. No part of the Common Areas or any part of a Lot visible from the Common Areas shall be used for the washing, drying, hanging or storing of clothing, towels, blankets or other items of personal property. 2.8 Rubbish Storage. No rubbish, trash, garbage or other waste materials shall be kept or stored outside of the Dwelling Unit, unless it is bagged, tied and kept in covered sanitary receptacles at the rear of the Dwelling Unit in an approved walled or fenced area such that it is not visible from the street. Additionally, covered sanitary containers may be placed outside the Dwelling Unit only for a reasonable period of time and in the place necessary for refuse pickup. 2.9 Maintenance of Dwelling Units. The Owner of each Dwelling Unit shall maintain, repair and replace, at his/her own expense, all portions of his/her Dwelling Unit and Lot except where indicated otherwise herein. 2.10 Maintenance Required Because of Damage. Any exterior maintenance, cleaning, or repair required due to fire, wind, flood, or acts of God shall be the responsibility of the Owner of the affected Dwelling Unit or Lot. Any exterior maintenance, cleaning, or repair required due to the negligence of any Owner, his/her tenants, guests, or invitees, shall be the responsibility of such Owner. 2.11 Completion of Development. Declarant shall undertake the work of developing all Lots included within the Development. The completion of that work or the sale, rent, or other disposition of the Dwelling Units is essential to the establishment and welfare of the Development as an ongoing residential community. In order that such work may be completed and the Development established as a fully occupied residential community as soon as possible, nothing in this Declaration shall be understood or construed to prevent the Declarant, or the employees, contractors or sub-contractors of Declarant or of Declarant's transferees, from doing whatever they may determine to be reasonable, necessary or advisable for the completion of the work and the establishment of the Development as a residential community. As used in this paragraph, the words, "its transferees" specifically excludes purchasers of Lots improved with completed Dwelling Units. Declaration of Covenants, Conditions and Restrictions Page 5 16A3 2.12 Corrective Maintenance of a Lot, Damage to Common Areas. If an Owner of any Lot or such Owner's tenants, guests, or invitees fails to maintain the Lot in compliance with the requirements and guidelines set out in this Declaration or by the Association, the Association, after approval by majority vote of its Board, shall have the right, through its agents and employees to enter upon said Lot and to repair, maintain and restore the Lot and the Dwelling Unit and any other improvement erected thereon. If an Owner of any Lot, or such Owner's tenants, guests or invitees damages any Common Areas, the Association, after approval by majority vote of its Board, shall have the right to charge the cost of repair to such Owner. The cost of any maintenance or repair referenced in this Section 2.12 shall be added to and become part of the assessment from the Association to which such Lot is subject. Any such added assessment shall not be subject to any limitation on assessments as set forth in Section 6, below. 2.13 Storm Shutters. Storm shutters may not be permanently affixed to any Dwelling Unit without the prior approval of the Association. Hurricane or storm shutters may be installed temporarily, and other precautions may be taken to protect structures or Dwelling Units while the threat of a hurricane, tornado, or other violent storm is imminent, but all such temporary shutters and other exterior alterations or additions made as a temporary storm precaution shall be promptly removed when the threat of storm has passed. 2.14 Alterations to Exterior of Dwelling Unit and Improvements to the Lot Prohibited. No Owner shall affix to the exterior of any Dwelling Unit any structures or improvements, including but not limited to, signs, lights, name plates, decorations, etc., which can be seen from outside of the Lot without the prior written approval of the Association. No Owner shall affix any improvements to the Lot, including, but not limited to, permanent basketball goals, yard decorations, and address signs, without the prior written approval of the Association. All satellite dishes must be mounted at rear of house. 2.15 Nuisance. No obnoxious or offensive activity or nuisance shall be carried on or be permitted to exist within the Development nor shall anything be done or permitted which is or may become offensive, detrimental or a source of disturbance or annoyance to any other occupants in the Development. All Lots shall be kept free of accumulation of brush, rubbage or other material which may constitute a fire hazard or breeding place for snakes or vermin. Ground cover for each Lot (such as grass) shall be maintained at six inches (6") above average grade or less. 2.16 Firearms. The discharge of firearms is prohibited within the Development. The term "firearms" as utilized in the previous sentence includes BB guns, pellet guns and other firearms of all types, regardless of size. 2.17 Rules. The Association shall have the right to promulgate and impose rules and thereafter to modify, alter, amend, rescind and augment any of the same with respect to the use, operation and enjoyment of all or a portion of the Development, and any Improvements located in the Development. Rules and regulations shall remain in effect for a minimum of twenty-five (25) years and shall be automatically renewed thereafter. 2.18 Surface Water Management. It shall be the responsibility of each Owner to comply with the construction plans and permits for the surface water management system of the Development, approved and on file with the South Florida Water Management District. Declaration of Covenants, Conditions and Restrictions Page 6 16A3 The surface water management system, conservation areas, wetlands, preserves, buffer areas, or upland conservation areas may in no way be altered from its natural or permitted state with the exceptions of removal of exotic, or nuisance vegetation, or restoration in accordance with the restoration plan included in the conservation easement. Any other alterations require obtaining prior written approval from the South Florida Water Management District. The Surface Water Management areas (SWM), to include any conservation or water management areas, stormwater management programs and/or pollution prevention plans, are considered as Common Areas and the Association has perpetual maintenance responsibilities for the SWM to include the conservation and water management areas. Any amendment to the governing documents or rules and regulations of the Association that would alter, or otherwise affect the SWM system, must be submitted to the South Florida Water Management District for review and evaluation of possible modifications to the permits, plans or programs. Copies of the permit(s) and any other related plan(s) or program(s) associated with this property are collectively attached hereto as Exhibit "D" of which copies shall also be maintained by the Registered Agent to include any and all future permit, plan or program actions. Should wetland mitigation or monitoring be required, the Association shall be responsible to carry out the obligation to include all duties and requirements necessary to meet permit requirements as well as all financial consideration necessary in meeting the permit requirements. The Association shall have the perpetual maintenance responsibilities for any and all signage requirements necessary for the SWM, the conservation and water management areas. The South Florida Water Management District shall have the right to take enforcement action, including civil action, to compel or correct problems with the SWM, conservation and water management areas. 3. ARCHITECTURAL AND AESTHETIC CONTROL. Except for the initial construction of Dwelling Units, recreational facilities, and related improvements by the Declarant, no building, structure or other improvement shall be erected or altered, nor shall any grading, excavation, landscaping, change of exterior color, or other work which in any way alters the exterior appearance of any structure, Dwelling Unit, Lot or Common Areas be performed without the prior written approval of the Association. In obtaining said written approval, the Owner shall comply with all applicable requirements and procedures of this Declaration and the Bylaws of the Association. 4. ASSOCIATION. The administration, management and ownership, after Turnover, of the Common Areas shall be by VINCENT'S ACRES HOMEOWNER ASSOCIATION, INC., a Florida not-for- profit corporation, which shall perform its functions pursuant to the following: 4.1 Articles of Incorporation. A current copy of the Articles of Incorporation of the Association is attached as Exhibit "B" to this Declaration and incorporated by reference herein. Declaration of Covenants, Conditions and Restrictions Page 7 16A3 Nothing herein shall preclude the Association from amending said Articles of Incorporation in accordance with the terms of said document and the requirements of law. 4.2 Bylaws. A current copy of the Bylaws of the Association is attached as Exhibit "C" to this Declaration and incorporated by reference herein. Nothing herein shall preclude the Association from amending said Bylaws in accordance with the terms of said document and the requirements of law. 4.3 Delegation of Management. The Association may contract for the management and maintenance of the Development and authorize a management agent to assist the Association in carrying out its powers and duties by performing such functions as the submission of proposals, collection of assessments, preparation of records, enforcement of rules and maintenance, repair and replacement of any Common Areas, with funds made available by the Association for such purposes. The Association and its officers shall, however, retain at all times the powers and duties provided in these documents. Nothing herein shall be construed to prevent the Association from contracting with Declarant for the management and maintenance of the Development, either before or after Turnover, upon terms approved by the Board of Directors. 4.4 Membership. The membership of the Association shall be comprised solely of Owners of Lots, as further provided in the Articles of Incorporation. All Owners of Lots shall be Members of the Association excepting those owned by Declarant. 4.5 Board of Directors. Except as otherwise provided by law or by this Declaration, the Articles of Incorporation, the Bylaws or the Rules and Regulations of the Association, the Association shall act through its Board of Directors and its officers. The Board shall be comprised of at least three (3) directors. Directors shall be elected in the manner provided for in the Bylaws and Articles of Incorporation. The officers and directors of the Association have a fiduciary relationship to the Members. All directors, except any director appointed by Declarant, must be a Member of the Association or the president, vice-president, trustee, manager or general partner of the Owner of a Lot, in the case of Lots owned by corporations, trusts, limited liability companies or partnerships. 4.6 Powers and Duties. The powers and duties of the Association include those set forth in this Declaration, the Articles of Incorporation, and the Bylaws. The Association may contract and sue or be sued with respect to the exercise or non-exercise of its powers. For these purposes, the powers of the Association include, but are not limited to, the maintenance, management, and operation of the Common Areas. 4.7 Fiscal Matters. The Association shall maintain financial records according to good accounting practices. The records shall be open to inspection by Owners or their authorized representatives at reasonable times or as required by Florida law. The records shall include, but are not limited to the following: A. A record of all receipts and expenditures of the Association; and B. An account for each Dwelling Unit designating the name and each current mailing address of the Owner, the amount of each assessment, the dates and amounts in which assessments come due, the amounts paid on account, and the balance due. Declaration of Covenants, Conditions and Restrictions Page 8 16A3 4.8 Ownership and Use. The Association has the power to purchase Dwelling Units and to acquire and hold, lease, mortgage, and convey them, subject to the approval of a majority of the Board of Directors. 4.9 Membership Roster. The Association shall maintain a current roster of names and mailing addresses of Owners. A copy of the up-to-date roster shall be available to each Member upon request. 4.10 Limitation on Liability. Notwithstanding the duty of the Association to maintain and repair parts of the Development, the Association shall not be liable to Owners for property damage, other than the cost of maintenance and repair, caused by any latent condition of such property to be maintained and repaired by the Association, or caused by Owners or other persons. 4.11 Turnover. The Declarant shall turn over control of the Association (the "Turnover") upon the earlier occurrence of: 1) three (3) months after ninety (90) percent of the Lots in the Development have been conveyed to Owners other than the Declarant; or 2) the date that the Declarant, in its sole discretion, voluntarily turns over control of the Association. Upon the happening of the events described above, the Association shall conduct a special meeting of the membership (the "Turnover Meeting") for the purpose of electing officers and directors, and to permit Declarant to deliver the turnover documents set forth in Section 720.307(4), Florida Statutes, to the Association. Upon Turnover of control of the Association, and such other matters to be undertaken to accomplish and effectuate the purposes of Turnover as provided herein, the Association shall enter into a turnover agreement with Declarant, which shall be binding on the Association and all Members and Owners which shall include, without limitation, the following provisions: A. Any and all disputes, claims, demands and controversies between the Association (including Members and Owners) and Declarant shall be submitted to mediation or settlement negotiations prior to any litigation being brought by the Association against Declarant. All such mediation or negotiations shall be undertaken pursuant to the Bylaws and Articles of Incorporation of the Association. The intent of this paragraph is to require bonafide negotiation and an attempt at settlement prior to the initiation of litigation. B. The Association shall assume all repair and maintenance obligations with respect to the Common Areas, and any and all improvements, equipment and facilities located thereon and shall keep all of such in good condition, maintenance, and repair. Any and all engineering or inspection reports contracted for by the Association shall be certified and delivered to Declarant and the Association, and the Association shall inform any engineer or inspector of such requirement prior to the issuance of such report. C. Regardless of anything herein to the contrary, the Declarant shall have the right, but not the obligation, to elect or appoint one (1) director to the Board of Directors, so long as the Declarant holds for sale in the ordinary course of business at least 5 percent (5%) of the Lots in the Development. Declaration of Covenants, Conditions and Restrictions Page 9 16A3 The intent of this Section 4.11 is to ensure communication between the Association and Declarant of questions, concerns, disputes and claims and to attempt to resolve same through such communication. 5. ASSOCIATION OBLIGATIONS. 5.1 Association Maintenance. A. The Association's costs associated with the maintenance described in this Declaration shall be a deemed an expense of operating the Association to be allocated among all Lots pursuant to Section 6.3 of this Declaration. B. The Association shall have a perpetual non-exclusive easement over all of the Development including all Lots for the purpose of performing its maintenance responsibilities under this Declaration. Such easement may be exercised, without prior notice, by the Association, its officers, directors, employees, agents, and contractors, and entry upon any Lot for such purpose and shall not be deemed a trespass. 5.2 Association not Liable. The Association may contract with a properly licensed and insured person or entity selected by the Board, in accordance with Florida law, to undertake any of the activities contemplated in this Declaration. In the event that the Association does so contract with such a person or entity, the Owners agree that the Association shall not be liable for any damage to the Owners' real or personal property caused during or by the activities contemplated in this Declaration; further, the Owners shall hold the Association harmless for any and all damage to the Owner, his/her family, tenants and guests caused during or by the activities contemplated in this Declaration. 6. COVENANT FOR ANNUAL AND SPECIAL ASSESSMENTS. 6.1 Creation of Lien and Personal Obligation for Assessments. Each Owner of any Lot (including any purchaser at a judicial sale), by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: A. Annual assessments (payable in installments as determined by the Board, but no less often than monthly); and B. Special assessments for capital improvements or other valid Association expenditures not provided for by annual assessments. Assessments shall be established and collected as provided herein and in the Bylaws of the Association. The covenant in this Section shall not constitute a guarantee, or promise of any kind by Declarant to pay any assessment or other obligation of any Owner other than Declarant. The annual and special assessments, together with interest, costs and reasonable attorneys' fees, shall be a charge on the Lot and shall be a continuing lien upon the Lot against which each such assessment is made. Each such assessment, together with interest, costs and reasonable Declaration of Covenants, Conditions and Restrictions Page 10 1 6 A 3 attorneys' fees shall also be the personal obligation of the Owner of such Lot at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to the Owner's successors in title unless expressly assumed by them. No Owner may waive or otherwise escape liability for the assessments provided for herein by waiver or non-use of the Common Areas, by abandonment, or otherwise. Except as provided elsewhere in this Declaration as to the Declarant, no Owner may be excused from the payment of assessments unless all Owners are similarly excused. Delinquent assessments shall bear interest at the maximum rate allowed by law from the date when due until paid. 6.2 Purpose of Assessments. Assessments levied by the Association shall be used for the purpose of promoting the health, safety, and welfare of the residents of the Development; to operate, maintain, repair, improve, construct, reconstruct and preserve, on a non-profit basis, the Common Areas owned or maintained by the Association, exclusively for the benefit of its Members, their guests, tenants and invitees; and to maintain, repair, improve, construct, reconstruct and preserve, on a non-profit basis, the Common Areas owned or controlled by the Association, exclusively for the benefit of its Members, their guests, tenants and invitees. In the event that the need for maintenance or repair of any of the above is caused through the negligent or willful act of an Owner, his/her family, tenants, guests or invitees, the cost of such maintenance or repairs shall be added to and become a part of the assessment to which such Owner is subject. 6.3 Uniform Method of Assessment. Except as otherwise provided in this Declaration, both annual and special assessments must be fixed by a uniform method and amount for all Lots and shall be collected as provided in the Bylaws. The Owner of each Lot shall pay his/her proportionate share of the expense of maintaining any Common Areas maintained by the Association and of all other expenses of operating the Association. The Association's operating budget may include an amount for reserves for the repair or replacement of any improvements or facilities maintained or operated by the Association. Unless the Declarant determines otherwise, the reserves shall not be funded until control of the Association is turned over to the Owners by the Declarant. 6.4 Commencement of Annual Assessments. A. The annual assessments on Lots shall commence on the closing of the sale of such Lot by Declarant to an Owner. The amount to be paid by the Owner for each Lot for assessments shall be computed by multiplying the total budgeted cost of the assessment by a fraction, the numerator of which is one and the denominator of which is the total number of Lots owned by Owners other than Declarant within the Development. B. The first assessment shall be adjusted according to the number of days remaining in the assessment period. 6.5 Declarant's Guarantee of Assessments and Share for Lots Owned by It. The Declarant is not obligated for or subject to payment of regular or special assessments for any Lots it may own, except those to which Declarant has consented to in writing. Instead, prior to each year in which the guarantee will be in effect, the Board of Directors shall determine the Declaration of Covenants, Conditions and Restrictions Page 11 1 6 A 3 level of regular assessments to be paid for each Lot owned by Owners other than Declarant. Declarant shall pay that portion of all Association expenses actually incurred which exceeds the amounts assessed against other Owners for a period of time (the "Guarantee Period"). The Guarantee Period ends at such date as determined by Declarant, in its sole discretion, upon sixty (60) days written notice to each Member of the Association, or at Turnover, whichever occurs first. Thereafter, the Declarant shall have the same responsibility for assessments as to Lots owned by it as any other Owner. 6.6 Exempt Property. The following property is exempt from the payment of any assessments to the Association: A. Any property owned by or leased to the Association; and B. The Common Areas. 6.7 Lien. A. If any Owner fails to pay any assessment or make any other payment herein required to be paid to the Association on or before the date such payment is due, then the Association is hereby granted a lien on such Owner's Lot, which lien shall secure the payment then due and all sums coming due thereafter up to the date of the satisfaction or other discharge of the lien, together with interest at the highest permitted legal rate under the laws of the State of Florida from date of delinquency, and all costs of collection, including reasonable attorneys' fees, which may be incurred by the Association in enforcing this lien and the costs of performing any other work required to enforce compliance with this Section 6. B. Except as provided in subsection 6.7D below, the lien herein granted shall be effective from and after: (i) in the case of annual assessments, the date such assessment became due, and (ii) in the case of special assessments, the date such assessment was levied in accordance with this Declaration. The Association may record a Claim of Lien in the Public Records of Collier County, Florida, which such Claim of Lien shall state the description of the Lot encumbered thereby, the name of the Owner as shown on the Association's records, the amount then due and the date when due. The lien shall continue in effect until all sums secured by said lien, as herein provided, shall have been fully paid, and the lien satisfied or discharged. C. The Association may bring an action at law against an Owner to pay his/her personal obligations to the Association, or it may foreclose the lien against his/her Lot. The Owner against whom any such proceeding is commenced shall pay all costs of collection, including reasonable attorneys' fees, which includes those resulting from both trial and appellate proceedings. D. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage or purchase money mortgage unless such lien is recorded prior to said mortgage. The sale or transfer of any Lot shall not affect the assessment lien. The sale or transfer of any Lot pursuant to mortgage foreclosure or any other judicial proceeding in lieu thereof, shall, however, extinguish the lien of such assessment as to payments which became due prior to such sale or transfer unless such assessment lien is secured by a claim of lien that is recorded prior to recordation of the foreclosed mortgage. Declaration of Covenants, Conditions and Restrictions Page 12 16A3 E. Any assessments which become uncollectible shall be reallocated among the remaining Owners and shall be added to and become part of the assessment to which such Lot is subject. 7. INSURANCE OF HOMES; RECONSTRUCTION AFTER CASUALTY. 7.1 Duty to Insure and to Reconstruct. Each Owner shall at all times maintain casualty insurance on his/her Dwelling Unit and all other insurable improvements in an amount equal to the full replacement cost thereof. The Owner shall submit to the Association an original insurance certificate naming the Association as an additional insured. If any Dwelling Unit or other improvements located on any Lot are destroyed or damaged as a result of a fire, windstorm, flood, tornado, hurricane or other casualty; the Owner of such improvement shall cause repair or replacement to be commenced within two (2) months from the date that such damage or destruction occurred, and to complete the repair or replacement within nine (9) months from the date that such damage or destruction occurred, unless prevented by causes outside of the control of the Owner. All such repairs or replacements must restore the improvements to substantially their original character, design and condition, shall utilize and conform to the original foundation and boundary of the original improvements, and shall be structurally compatible with any adjoining improvements. 7.2 Failure to Reconstruct. If the Owner of any Lot fails to commence or complete construction to repair or replace any damaged or destroyed improvements within the time period provided for in Section 7.1 above, then the Association shall be deemed to have been granted the right by the Owner to commence and/or complete the repairs sufficient to substantially restore the improvements to their original condition, according to the plans and specifications of the original improvements. In the event the Association exercises the rights afforded to it by this Section, the Owner of the Lot shall be deemed to have assigned to the Association any right the Owner may have to insurance proceeds that may be available to the Owner arising from the damage or destruction of the improvements. The Association shall have the right to recover any costs not paid by insurance, from the Owner of the Lot, and shall have a lien on the Lot to secure payment. 7.3 Association as Co-Insured. For the purpose of this Section 7, each Owner of a Lot within the Development agrees that the Association shall be named as a co-insured under any hazard and/or flood insurance policy relating to his/her Lot and improvements constructed thereon. Further, the Association may require that all such policies be in an amount sufficient to finance the repair or replacement of the improvements, taking into account local construction costs and property values as they may, from time to time exist. In the event that an Owner refuses to increase such insurance coverage deemed reasonably necessary by the Association, or if the Owner allows the required insurance coverage to lapse, or for some other reason, causes the same to become ineffective, the Association may purchase whatever coverage it deems reasonably necessary for the Association's benefit. The costs so incurred by the Association shall become a special assessment against the Lot due and payable by the Owner in all respects, together with interest, reasonable attorneys' fees and costs of collection, immediately upon the Association notifying the Owner, in writing, that it has procured such insurance. Declaration of Covenants, Conditions and Restrictions Page 13 16A3 7.4 Association as Agent. For the purpose of performing the duties authorized in this Section 7, the Association, through its duly authorized agents and employees, shall have the right, after reasonable notice to the Owner, to enter upon the Lot at reasonable hours and perform such duties. 7.5 Mortgages. Nothing contained herein shall prevent an endorsement to a policy obtained by an Owner adding a mortgagee as an additional insured. 8. ASSOCIATION INSURANCE. Insurance shall be carried and kept in force at all times in accordance with the following provisions: 8.1 Duty and Authority to Obtain. The Board of Directors shall obtain and keep in force at all times the insurance coverage which it is required to carry under Chapter 720, Florida Statutes, and may obtain and keep in force any or all of such other additional insurance coverage as it is authorized to carry. The name of the insured shall be the Association or, in the discretion of the Board, an insurance trustee, individually and as agent for the Association and, without naming them, for the Owners and their mortgagees. 8.2 Required Coverage. The Association shall maintain casualty insurance covering all buildings owned by the Association, if any, and other insurable property for the replacement value thereof, as determined annually by the Board of Directors; such insurance to afford protection against: A. Casualty. Loss or damage by fire, vandalism, malicious mischief, or other hazards covered by the standard extended coverage or other perils endorsement; B. Liability. Public liability and property damage in such amounts and with such coverage as shall be required by the Board, with cross liability endorsement to cover liabilities of the Owners as a group or to one Owner as applicable; C. Worker's Compensation. Worker's compensation insurance to comply with Florida law. 8.3 Optional Coverage. The Association may purchase and carry such other insurance coverage as the Board may determine from time to time to be in the best interests of the Association and the Owners. 8.4 Description of Coverage. A detailed summary coverage included in the master policies shall be available for each Owner. The master policies shall be made available for inspection by Owners upon request. 8.5 Waiver of Subrogation. If available and where applicable, the Board shall endeavor to obtain insurance policies which provide that the insurer waives its right to subrogate as to any claim against Owners, the Association, or their respective servants, agents or guests, except for any claim based upon gross negligence evidencing reckless, willful or wanton disregard for life or property. Declaration of Covenants, Conditions and Restrictions Page 14 1 6 A 3 8.6 Insurance Proceeds; Insurance Trustee. All insurance policies purchased by the Association shall be for the benefit of the Association and all proceeds shall be payable to the Association, or its designated insurance trustee. The insurance trustee, if any, shall not be liable for payment of premiums, for the renewal or the sufficiency of policies nor for the failure to collect any insurance proceeds. 8.7 Distribution of Proceeds. Proceeds of insurance policies received by the Association or the insurance trustee shall be distributed to or for the benefit of the Owners in the following manner: A. Expenses of the Trust. The reasonable expenses of the insurance trustee, if any, shall be paid first or provisions made therefore; B. Cost of Reconstruction or Repair. If the damage for which the proceeds are paid is to be repaired or reconstructed, the remaining proceeds shall be paid to defray the costs thereof. Any proceeds remaining after defraying costs shall be distributed to the beneficial owners of the policy, remittances to Owners and their mortgagees being paid jointly to them. This is a covenant for the benefit of mortgagees and may be enforced by such mortgagees; C. Certificate. In making distribution to Owners and their mortgagees, an insurance trustee may rely upon a certificate of the Association as to the names of the Owners and mortgagees and their respective shares of the distribution. 8.8 Insurance prior to Turnover. Prior to and up to the date of Turnover, the Association's insurance may be maintained under Declarant's master policies, provided that the Association is named as an additional insured. 9. PROPERTY RIGHTS. 9.1 Owner Easements. Every Owner shall have a right and a non-exclusive easement of enjoyment in, to and over the Common Areas, which easement shall be appurtenant to and shall pass with the title to every Lot subject to the following provisions: A. The right of the Association to charge reasonable fees for the upkeep, maintenance, repair or betterment of any Improvement situated upon the Common Areas; B. The right of the Association to suspend the voting rights of the Owner for any period during which any assessment against his/her Lot remain unpaid as allowed by Chapter 720, Florida Statutes; and for a period not to exceed sixty (60) days for each infraction of its published Rules and Regulations or this Declaration, after notice and hearing as required by Chapter 720, Florida Statutes; C. The right of Declarant or the Association to dedicate or transfer or grant an easement or property right to all or any part of the Common Areas to any public agency, authority, or public or private utility for such purposes and subject to such conditions as may be agreed to by Declarant or the Board of Directors; Declaration of Covenants, Conditions and Restrictions Page 15 16 A3 D. The right of the Association to borrow money for the purpose of maintaining, reconstructing and improving the Common Areas and mortgaging any portion of the Common Areas, which mortgage may provide that the rights of the mortgagee shall be superior to the rights of Owners hereunder; E. The right of the Association or the Declarant to take such steps as are reasonably necessary or desirable, in the sole and absolute discretion of the Association or Declarant, to protect the Common Areas from and against damage, destruction, or foreclosure; and F. This Declaration, the Articles of Incorporation, the Bylaws, and any Rules and Regulations of the Association. Further, ownership of each Lot shall entitle the Owner thereof to an exclusive easement over any portion of a driveway exclusively servicing his/her Dwelling Unit and located on the Common Areas. 9.2 Delegation. Any Owner may delegate his/her right of enjoyment to the Common Areas and facilities to the members of his/her family in accordance with the terms of this Declaration, or contract purchasers who reside on the Lot. Declarant only may rent any Dwelling Unit owned by the Declarant at any time at its discretion to include after Turnover. Owner(s) may not rent their Dwelling Unit. 9.3 Association Easements. The Declarant initially, and the Association after Turnover, shall have an easement for ingress and egress over each Lot for purposes of performing its maintenance responsibilities established herein. If the maintenance to be performed on a Lot requires access inside a Dwelling Unit or an area of the Lot enclosed by privacy walls, the Association shall make a reasonable effort to first contact the Owner of the Lot to schedule such maintenance. 9.4 Title to Common Areas. Declarant may retain the legal title to the Common Areas until ninety (90) days after the Members of the Association are entitled to elect at least a majority of the Board, pursuant to Chapter 720, Florida Statutes. Within the requisite time period, Declarant shall convey the Common Areas to the Association by quitclaim deed, subject to taxes for the year of conveyance, and to restrictions, conditions, limitations, reservations, and easements of record. 9.5 Partition Prohibited. There shall be no judicial partition of the Common Areas, except as expressly provided elsewhere herein, nor shall Declarant, of any Owner or any other person acquiring any interest in the Development, or any part thereof, seek judicial partition thereof. 9.6 Obstruction of Easements. Within the easements for installation and maintenance of utilities and drainage facilities as shown in the Plat, no structure, planting or, other material shall be placed or permitted to remain which may interfere with the installation and maintenance of utilities, or which may damage, interfere with, or change the direction of flow or drainage facilities in the easements. Declaration of Covenants, Conditions and Restrictions Page 16 16A3 9.7 Encroachments. Each Owner hereby grants an exclusive easement to each other Owner and the Association for the unintentional encroachment by any Dwelling Unit upon any other Lot or Common Area, for any reason not caused by or resulting from the willful act of the Declarant or the willful or negligent act of any Owner, including encroachment caused by or resulting from the original construction of the Dwelling Unit or its improvements, including, but not limited to, screen enclosures and privacy walls, which exclusive easement shall exist at all times during the continuance of the encroachment, as an easement appurtenant to the encroaching Dwelling Unit or its improvement, to the extent of such encroachment. 9.8 Restriction on Owner Easements. No Owner shall grant any easement upon any portion of the Development to any person or entity without the prior written consent of Declarant, which may be withheld in the sole discretion of Declarant. 10. OBLIGATION OF OWNERS. 10.1 Remedies. Each Owner and the Association shall be governed by and shall comply with the provisions of this Declaration, the Articles of Incorporation of the Association, the Bylaws, and the Rules and Regulations. Actions for damages or for injunctive relief, or both, for failure to comply with these provisions may be brought by the Declarant, by the Association or by an Owner against: (i) the Association; (ii) an Owner or Owners; or (iii) any member of the Board of Directors who willfully and knowingly fails to comply with these provisions. 10.2 Attorney's Fees. In any proceeding arising because of an alleged failure of an Owner or the Association to comply with the requirements of this Declaration, the Articles of Incorporation of the Association, the Bylaws, or the Rules and Regulations, as they may be amended from time to time, the prevailing party shall be entitled to recover the costs of the proceeding and such reasonable attorneys' fees as may be awarded by the court (through trial and appeal, if applicable). 10.3 No Waiver. The failure of the Association or any Owner to enforce any covenant, restriction, or other provisions of this Declaration, the Articles of Incorporation of the Association, the Bylaws or the Rules and Regulations shall not constitute a waiver of the right to do so thereafter. 11. AMENDMENT. 11.1 Members. This Declaration may be amended by a two-thirds (2/3) vote of all the voting interests at any annual or special meeting of the Members; or by approval in writing of Members having not less than two-thirds (2/3) of the voting power in the Association without a meeting; provided notice of the proposed amendment has been given to the Members and the notice contains a fair statement of the nature and effect of the proposed amendment. A copy of each amendment shall be attached to a certificate that the amendment was duly adopted as an amendment to the Declaration, which certificate shall be executed by an officer of the Association with the formalities of a deed. The amendment shall be effective when the certificate and a copy of the amendment are recorded in the Public Records of Collier County, Florida. Declaration of Covenants, Conditions and Restrictions Page 17 16A3 11.2 Declarant. Prior to Turnover, Declarant may amend this Declaration in its sole and absolute discretion, without a meeting and without a vote by the Members of the Association. Amendments which can be unilaterally made by Declarant include, but shall not be limited to, correction to clarify inconsistencies, to impose additional covenants on lands being added to the Development, to remove portions of property from the provisions of this Declaration, to grant variances to certain of the provisions of the Declaration where those variances would not, in the opinion of the Declarant, detract from the Development, or such other amendments as may arise which Declarant deems to be in the best interest of the Development as a whole. 11.3 Limitations. No amendment may be made which affects the rights of the Declarant granted herein without the written consent of the Declarant. No amendment shall change the proportion or percentage by which an individual Owner shares in the payment of common expenses of the Association without the consent of that Owner and the holders of all recorded liens upon the affected Lot. No amendment which would affect the surface water management system in the Development must have the prior approval of the South Florida Water Management District or Collier County, as applicable. 12. GENERAL PROVISIONS. 12.1 Waiver. Any waiver by Declarant of any provision of this Declaration, or breach thereof, must be in writing and shall not operate or be construed as a waiver of any other provision or subsequent breach. 12.2 Declaration Runs with the Land. The covenants, conditions, restrictions and other provisions under this Declaration shall run with the land and bind the property within the Development and shall inure to the benefit of, and be enforceable by, the Declarant, the Association and the Owners for a term of thirty (30) years from the date this Declaration is recorded, after which time, these provisions shall automatically be extended for successive periods of ten (10) years. Any time after the initial thirty (30) year period provided for in this Section, these provisions may be terminated or modified in whole or in part by the recordation of a written instrument executed by the then Owners of two-thirds (2/3) of the Lots agreeing to the termination or modification. 12.3 Severability. If any section, subsection, sentence, clause, phrase or portion of this Declaration is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions hereof. 12.4 Violation. Violation or breach of any covenant or restriction contained herein shall give Declarant, or the Association, their respective legal representatives, assigns, and successors, in addition to all other remedies, the right to enter upon any Lot where such violation or breach exists and summarily abate and remove, at the expense of the Owner thereof, any structure, thing or condition that may exist thereon contrary to the intent and meaning of the provisions hereof, and the said parties shall not thereby be deemed guilty of any manner of trespass for such entry, abatement or removal. Nothing herein shall be deemed to affect or limit the rights of the Owners of the Lots within the Development to enforce the provisions of this Declaration by appropriate judicial proceedings. Declaration of Covenants, Conditions and Restrictions Page 18 16A3 12.5 Damages and Attorneys' Fees. Damages shall not be conclusively deemed adequate relief for any breach or violation or any provision hereof. Any person or entity entitled to enforce any provision hereof shall be entitled to relief by way of injunction as well as any other available relief either at law or in equity. Any party to a proceeding who succeeds in enforcing any provision of this Declaration or enjoining a violation or breach of any provision hereof against any Owner shall be entitled to reimbursement or reasonable attorneys' fees and court costs (including those resulting from trial and appellate proceedings) by such Owner. 12.6 Headings. The headings of any sections herein are for convenience only and shall not affect the meanings or interpretation of the contents thereof. 12.7 Non-Interference. Owners agree to abide by reasonable restrictions as to access during construction of Dwelling Units and not to interfere or hamper the activities of Declarant in constructing and selling the Dwelling Units or Lots in the Development. 12.8 Dispute Resolution. The Florida Legislature has found that alternative dispute resolution has made progress in reducing court dockets and trials and in offering a more efficient, cost-effective option to litigation. A. Recall Disputes. Any recall dispute filed with the Department of Business and Professional Regulation (the "Department") pursuant to Section 720.303(10), Florida Statutes shall be conducted by the Department in accordance with the provisions of Sections 718.112(2)(j) and 718.1255, Florida Statutes and the rules adopted by the Division of Florida Land Sales, Condominiums, and Mobile Dwelling Units in the Department of Business and Professional Regulation (the "Division"). B. Election Disputes. The Department shall conduct mandatory binding arbitration of election disputes between an Owner and the Association pursuant to Section 718.1255, Florida Statutes and rules adopted by the Division. Neither election disputes nor recall disputes are eligible for mediation; these disputes shall be arbitrated by the Department. At the conclusion of the proceeding, the Department shall charge the parties a fee in an amount adequate to cover all costs and expenses incurred by the Department in conducting the proceeding. Initially, the petitioner shall remit a filing fee of at least Two Hundred Dollars ($200)to the Department. The fees paid to the Department shall become a recoverable cost in the arbitration proceeding, and the prevailing party in an arbitration proceeding shall recover its reasonable costs and attorneys' fees in an amount found reasonable by the arbitrator. C. Disputes between the Association and an Owner regarding Use of or Changes to the Lot or the Common Areas and other Covenant Enforcement Disputes. Disputes between the Association and an Owner regarding use of or changes to the Owner's Lot or the Common Areas and other covenant enforcement disputes, disputes regarding amendments to the Association's governing documents, disputes regarding meetings of the Board and committees appointed by the Board, membership meetings not including election meetings, and access to the official records of the Association shall be filed with the Department for mandatory mediation before the dispute is filed in court. Declaration of Covenants, Conditions and Restrictions Page 19 1 6 A 3 Mediation proceedings must be conducted in accordance with the applicable Florida Rules of Civil Procedure, and these proceedings are privileged and confidential to the same extent as court-ordered mediation. An arbitrator or judge may not consider any information or evidence arising from the mediation proceeding except in a proceeding to impose sanctions for failure to attend a mediation session. Persons who are not parties to the dispute may not attend the mediation conference without the consent of all parties, except for counsel for the parties and a corporate representative designated by the Association. When mediation is attended by a quorum of the Board, such mediation is not a Board meeting for purposes of notice and participation set forth in Section 720.303, Florida Statutes. The Department shall conduct the proceedings through the use of Department mediators or refer the disputes to private mediators who have been duly certified by the Department. The parties shall share the costs of mediation equally, including the fee charged by the mediator, if any, unless the parties agree otherwise. If a Department mediator is used, the Department may charge such fee as is necessary to pay expenses of the mediation, including, but not limited to, the salary and benefits of the mediator and any travel expenses incurred. The petitioner shall initially file with the Department upon filing the disputes, a filing fee of Two Hundred Dollars ($200), which shall be used to defray the costs of the mediation. At the conclusion of the mediation, the Department shall charge to the parties, to be shared equally unless otherwise agreed by the parties, such further fees as are necessary to fully reimburse the department for all expenses incurred in the mediation. If mediation is not successful in resolving all issues between the parties, the parties may file the unresolved dispute in a court of competent jurisdiction or elect to enter into binding or nonbinding arbitration pursuant to the procedures set forth in Section 718.1255, Florida Statutes and rules adopted by the Division, with the arbitration proceeding to be conducted by a department arbitrator or by a private arbitrator certified by the Department. If all parties do not agree to arbitration proceedings following an unsuccessful mediation, any party may file the dispute in court. A final order resulting from nonbinding arbitration is final and enforceable in the courts if a complaint for trial de novo is not filed in a court of competent jurisdiction within thirty(30) days after entry of the order. 13. RESERVATIONS TO DECLARANT. 13.1 Easement for Access. Declarant reserves to itself, its successors and assigns, the right of vehicular and pedestrian ingress and egress over and across any private streets in the Development and other Common Areas. 13.2 Sales Effort. Until the last Dwelling Unit and/or Lot is sold, Declarant shall have the right to transact any business in the Development and on the property necessary to consummate sales of Dwelling Units and Lots including, but not limited to, the right to maintain models, display signs identifying the project and advertising the Dwelling Units, maintain employees in models or offices, and to use the Common Areas for sales purposes. 13.3 Prohibiting Access during Construction. The Declarant reserves the right to prohibit access to any portion of the Common Areas during construction of Dwelling Units and to utilize the Common Areas in connection with such construction without interference from the Owners. Declaration of Covenants, Conditions and Restrictions Page 20 16A3 13.4 Construction and Sales Access: The Declarant reserves an easement on and through the Common Areas of the project, as the same may exist from time to time, for the purposes of constructing Dwelling Units and Common Areas and/or allowing its employees to conduct sales activities with regard thereto. 13.5 Annexation of Additional Property. Declarant shall have the unilateral right, privilege, and option from time to time, at any time for so long as Declarant owns any portion of the Development, to subject to the provisions of this Declaration and the jurisdiction of the Association any real property, whether in fee simple or leasehold,by filing in the Public Records of Collier County, Florida, an Amendment executed only by the Declarant, annexing the property as part of the Development, and subjecting such property to the terms and provisions of this Declaration, thereby including such property within the Development, except as otherwise provided in such Amendment. Any such annexation shall be effective upon the recording of such Amendment in the Public Records of Collier County, Florida. In the event such an Amendment subjects a parcel of land to the terms and provisions of this Declaration, thereby making such parcel a part of the Development, such Amendment shall designate the number of votes which the Owner of the parcel shall hold, if the Owner is a Member of the Association. Further, the Subsequent Amendment for such parcel shall designate the number which shall be used for establishing the number of Lots attributed to the parcel for the purpose of levying assessments. 13.6 Acquisition of Additional Common Areas. Declarant may convey to the Association additional real estate or interests therein, including leasehold interests, improved or unimproved, including but not limited to roads, which upon conveyance or dedication to the Association shall automatically be accepted by the Association, and thereafter shall be maintained by the Association at its expense for the benefit of all its Members and be deemed Common Areas. 13.7 Withdrawal. The Declarant hereby reserves unto itself and shall hereafter have the right, at any time prior to Turnover, in its sole and absolute discretion, and without notice to or the approval of any person whatsoever, to withdraw any property, including portions of the Development, from the purview, operation and effect of this Declaration, including any property previously subjected to and encumbered by this Declaration, which shall be owned by the Declarant at the time of such withdrawal, by the filing of an appropriate instrument to that effect among Public Records of Collier County, Florida. 13.8 Amendment. This Article shall not be amended without the written consent of Declarant, unless Turnover has occurred and the Declarant owns no portion of the Development. Further, notwithstanding any provision to the contrary, any amendment to this Declaration, the Articles of Incorporation of the Association, the Bylaws of the Association, or any rules and regulations promulgated by the Association, which would affect the Development's surface water management system, if any, including the rights and obligations of the Association to fulfill such rights and obligations, must have the prior approval of the South Florida Water Management District. Declaration of Covenants, Conditions and Restrictions Page 21 16A3 IN WITNESS WHEREOF, HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., a Florida not-for-profit corporation, does hereby execute this Declaration of Covenants, Conditions, and Restrictions in its name by its undersigned, duly authorized officers on the day and year first above written. WITNESSES: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., a Florida not-for-profit corporation, By: Signature of Witness #1 Nicholas 'ouloheras, President • Printed Name of Witness#1 h �J t f • • 4 Signature of Witness#2 Printed Name of Witness #2 STATE OF FLORIDA COUNTY OF COLLIER The foregoing Declarationr-of venants, Conditions and Restrictions of Vincent's Acres was acknowledged before me this day of March, 2018, by NICHOLAS KOULOHERAS, as President of HABITAT FOR HUMANITY OF CO_L,LIER-C--O91Y, INC., a Florida not- for-profit corporation, on behalf of the corpo_tatioi who is personally . -own to me. (Affix Notarial Seal) r' .�� Rebecca Parato (110.3h MYCOMMISSIONREBECCAPARA#GGTORE097673NOTARY PU : IC-STATE OF FLORIDA 441 EXPIRES:July 4,2021 ''�•Re,t;'. 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E- 555552555555 "5 I 16 A3 EXHIBIT "A" LEGAL DESCRIPTION PER OFFICIAL RECORDS BOOK 4065 PAGE 1089, IN THE PUBLIC RECORDS, COLLIER COUNTY, FLORIDA: A TRACT OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS: THE WEST ONE HALF (W 1/2) OF THE WEST ONE HALF (W 1/2) OF THE NORTHEAST ONE QUARTER (NE 1/4) OF SAID SECTION 3 LYING SOUTH OF THE SOUTHERLY RIGHT-OF-WAY LINE OF DAVIS BOULEVARD STATE ROAD 84; LESS THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHEAST ONE QUARTER (NE 1/4) OF SAID SECTION 3; THENCE N89°19'38"E ALONG THE SOUTH LINE OF SAID NORTHEAST ONE QUARTER (NE 1/4) FOR 650.69 FEET TO THE SOUTHEAST CORNER OF THE WEST ONE HALF (W 1/2) OF THE WEST ONE HALF (W 1/2) OF SAID NORTHEAST ONE QUARTER (NE 1/4); THENCE N00°17'56"E ALONG THE EAST LINE OF THE SAID FRACTION FOR 704.31 FEET; THENCE S89°34'06"W FOR 652.88 FEET TO THE WEST LINE OF SAID FRACTION; THENCE S00°07'06"W ALONG THE WEST LINE OF SAID FRACTION FOR 707.03 FEET TO THE POINT OF BEGINNING, LESS THAT PORTION CONVEYED TO COLLIER COUNTY, BY THAT CERTAIN WARRANTY DEED RECORDED IN BOOK 4351, PAGE 1211, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS COMMON TO THE SUBDIVISION AND TAXES FOR THE CURRENT YEAR AND SUBSEQUENT YEARS. CONTAINING 731641.0 SQUARE FEET OR 16.8 ACRES MORE OR LESS. Legal Description Exhibit"A"to Declaration ja� 16 A 3 r,,6. t0 FLORIDA DEPARTMENT OF STATE Division of Corporations December 27, 2012 REBECCA PARATORE 0/0 HABITAT FOR HUMANITY 11145 TAMIAMI TRAIL, EAST NAPLES, FL 34113 The Articles of Incorporation for VINCENT'S ACRES HOMEOWNER ASSOCIATION, INC. were filed on December 26, 2012 and assigned document number N12000011922. Please refer to this number whenever corresponding with this office regarding the above corporation. The certification you requested is enclosed. PLEASE NOTE: Compliance with the following procedures is essential to maintaining your corporate status. Failure to do so may result in dissolution of your corporation. To maintain "active" status with the Division of Corporations, an annual report must be filed yearly between January 1st and May 1st beginning in the year following the file date or effective date indicated above. It is your responsibility to remember to file your annual report in a timely manner. A Federal Employer Identification Number (FEI/EIN) will be required when this report is filed. Contact the IRS at 1-800-829-4933 for an SS-4 form or go to www.irs.gov. Should your corporate mailing address change, you must notify this office in writing, to insure important mailings such as the annual report notices reach you. Should you have any questions regarding corporations, please contact this office at (850) 245-6052. Valerie Herring, Regulatory Specialist II New Filing Section Letter Number: 212A00030432 EXHIBIT .1 i--7, www.sunbiz.org Division of Corporations- P.O. BOX 6327 -Tallahassee, Florida 32314 ;a��iJlr. V V�VL i tvU;r�Urs��7� �7�. �r•p�V �,V d�5�,�,J a . �w.," x c ,,n CA, ,A,-.,n n F n�A n� s- n A-A , son , •• Of it 4s iC111 .1 .. a c ------- --- or if b 911 tl .).€. trioz) t Q C ti aepttrtmpnt of #tate 41 oiki ,40 0I certify from the records of this office that VINCENT'S ACRES HOMEOWNER KiASSOCIATION, INC. is a corporation organized under the laws of the State of e C Florida, filed on December 26, 2012. _ 'O\ The document number of this corporation is N12000011922. �� ti I further certify that said corporation has paid all fees due this office through 0OGDecember 31, 2012, and its status is active. S tol ti. I further certify that said corporation has not filed Articles of Dissolution. 4s t Q 40' 0 40 41 ,40 E}67 t sc •C %.(1,_y 40 0 Given under my hand and the j 4 Great Seal of the State of Florida 4it 4Q Twenty-seventhy0 at Tallahassee, the Capital, this the �C Tx s day of December, 2012 tb tat '. 211117---pDAPlif..?: \1PAt 401 .coD wE1fi?;=` am Pe#0%littem• • SerrEtx1 r crf fats G CR2E022 (1-1 1) ,, 16A3 g-op•-A� n R, n n~,N i N .~n~nom ANn n~n~.1 1WA~n n� v< nNn�1*MI&W. v yt c�p O pp•0 p p'p'O O p O-c:-c:-c� � 4 Fil0 att Ott CI- f It° j0 COr.,-41 ab ritla in Rim 9 44) 1 L x 40a, t ,. ,..,,, .___ UR w AV ` ✓.0 , N COO WE TPQ5 '✓€ 1 3 r41artment of #tatr qv 49« k\i1C. Vtli .1 tol ;� I certify the attached is a true and correct copy of the Articles of Incorporation of v VINCENT'S ACRES HOMEOWNER ASSOCIATION, INC., a Florida corporation, V, filed on December 26, 2012, as shown by the records of this office. �G- �� The document number of this corporation is N12000011922 I _ciet 0 kCWI C i`''4, �©c ,c tw, 40- Gxt-Z-H, cp tol i6-Qt 401 .) Given under my hand and the j yr Great Seal of the State of Florida y . J.0 at Tallahassee, the Capital, this the k)1 1=�' .' i-i- - s Twenty-seventh day of December, 2012O« of . SSC j• /t� ;(,,:‘1,. .0 4.1 tiC . I G .Ci ; .IV S '--3 . • 0c-s..- .,Rtn P tfz 402 fE . CR2E022 (1-11) ,Srce#ttru of*ate O H )• 1. Js4 rt/�o>o` `�o'M°c o o o©cr orcIC--`ooYe25VC' e5”7 F » o 'We5W'roroQi �nFAWn &;tr(_�l rLi VaNvi •r(�n�rli\W(6544 IV,( 4(6&1 ,NV(1%•1l�l t (16Wre\li l�l�rA\W& 1,6\ltan,WVt. 4-4C1l r LW/116 16A3 ARTICLES OF INCORPORATION In compliance with Chapter 617,F.S.,(Not for Profit) ARTICLE I NAME The name of the corporation shall be: VINCENT'S ACRES HOMEOWNER ASSOCIATION, INC. ARTICLE if PRINCIPAL OFFICE Principal street address Mailing address,if different is: do Habitat for Humanity 11145 Tamiami Trail,East Naples,FL 34113 ARTICLE III PURPOSE The purpose for which the corporation is organized is: The purposes and objectives of the Association shall be to conduct any and all lawful business in accordance with the provisions of these Articles of Incorporation and any adopted Bylaws relating to the operation and management of the property and structures placed under its jurisdiction. ARTICLE IV MANNER OF ELECTION The manner in which the directors are elected and appointed: The Initial Directors will be appointed and subsequent Directors after turnover by a vote of the Members as will be provided for in the Bylaws. ARTICLE V INITIAL OFFICERS AND/OR DIRECTORS Name and Title:Nicholas Kouloheras,President Name and Title:Rebecca Paratore,Vice President Address: do Habitat for Humanity Address: do Habitat for Humanity 11145 Tamiami Trail,East 11145 Tamiami Trail,East Naples,FL 34113 Naples,FL 34113 Name and Title:Yolanda Herrera,Secretarylrreasurer _ Name and Title: Address: do Habitat for Humanity Address. 11145 Tamiami Trail,East Naples,FL 34113 Name and Title: Name and Title: Address: Address: ARTICLE VI REGISTERED AGENT The name and Florida street address(P.O. Box NOT acceptable)of the registered agent is: Name: Rebecca Paratore _ .7 N Address: do Habitat for Humanity a 11145 Tamiami Trail,East 7,2 P3 11 Naples,FL 34113 _ m i' ARTICLE VII INCORPORATOR fl The name and address of the Incorporator is: Name: Rebecca Paratore Address: do Habitat for Humanity 11145 Tamiami Trail,East Naples,FL 34113 Having been named as registered agent to accept service of process for the above stated corporation at the place designated in this certificate,fi am familiar with and accept the appointment as registered agent and agree to act in this capacity 12/1912012 Regtt red Signature of Registered Agent Date I submit this document and affirm that the facts stated herein are true.1 am aware that any false information submitted in a document to the Department of State constitutes'athird degree felony as provided for in s.817.155,F.S. 17119/2012 Requilied Signature of Incorporator Date AMENDED AND RESTATED 1 6 A 3 ARTICLES OF INCORPORATION OF VINCENT'S ACRES HOMEOWNER ASSOCIATION, INC. In compliance with the requirements of Section 617.1007 of the Florida Not-For-Profit Corporation Act, the undersigned does hereby certify the adoption of the following Amended and Restated Articles of Incorporation for Vincent's Acres Homeowner Association, Inc., a Florida corporation not-for-profit having charter number N12000011922 with the Florida Department of State. ARTICLE I Corporate Name The name of the corporation is VINCENT'S ACRES HOMEOWNER ASSOCIATION, INC., hereinafter called the "Association". ARTICLE II Address The initial mailing address of the Association shall be 11145 Tamiami Trail East, Naples, Florida 34113. The principal office of the Association shall be located at the mailing address or at such other place located in Florida as may be subsequently designated by the Board of Directors of the Association, but the Association may maintain offices and transact business in such places, within or without the State of Florida, as may from time to time by designated by the Board of Directors. ARTICLE III Purpose and Powers of the Association The specific purposes for which this Association is formed are to provide for maintenance, preservation and architectural control of the Lots, Improvements and Common Areas, according to the provisions of the Declaration and to promote the health, safety and welfare of the residents within the Development and any additions thereto as may hereafter be brought within the jurisdiction of this Association for this purpose. The Association is organized and shall exist upon a non-stock basis as a not-for-profit corporation under the laws of the State of Florida, and no portion of any earnings of the Association shall be distributed or inure to the private benefit of any Member, director or officer of the Association. For the accomplishment of its purposes, the Association shall have all of the powers and duties reasonably necessary to operate the Development pursuant to the Declaration as it may hereafter be amended including, but not limited to, the following: 3.1 To exercise all of the common law and statutory powers of a corporation not-for- profit under the laws of the State of Florida that are not in conflict with the terms of Chapter 720, Florida Statutes, the Declaration, these Articles of Incorporation or the Bylaws of the Association. Articles of Incorporation Page 1 of 7 16A3 3.2 To exercise all of the powers and privileges and to perform all of the duties and obligations of the Association as set forth in the Declaration, recorded or to be recorded in the Public Records of Collier County, Florida, and as the same may be amended from time to time as therein provided, said Declaration being incorporated herein by reference as if set forth in its entirety. 3.3 To fix, levy, collect and enforce payment by any lawful means, all charges or assessments against all Members of the Association pursuant to the terms of the Declaration, to pay or defray all costs, expenses and losses of the Association in connection with the exercise of its powers and duties, as well as all other expenses incident to the conduct of the business of Association, including, but not limited to all licenses, taxes or governmental charges levied or imposed against the property of the Association. 3.4 To own, lease, maintain, repair, replace or operate the property of the Association. 3.5 To purchase insurance upon the property of the Association and insurance for the protection of the Association and its Members. 3.6 To reconstruct improvements after casualty and to make further improvements upon the property of the Association. 3.7 To sue and be sued, and to enforce by legal means the provisions of the Declaration, these Articles of Incorporation and Bylaws of the Association, and the rules and regulations, if any, adopted pursuant thereto. 3.8 To employ accountants, attorneys, architects, or other personnel to perform the services required for proper operation of the Association. 3.9 To acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association, including property or facilities that may not be contiguous to the community, if they are intended to provide enjoyment, recreation or other use or benefit to the Members of the Association. 3.10 To contract for the management and maintenance of the Association property, and any corresponding infrastructure, and to delegate any powers and duties of the Association in connection therewith except such as are specifically required by the Declaration to be exercised by the Board of Directors or the membership of the Association. 3.11 To borrow or raise money for any purposes of the Association; to draw, make, accept, endorse, execute and issue promissory notes, drafts, bills of exchange, warrants, bonds, debentures and other negotiable or non-negotiable instruments and evidence of indebtedness; and to secure the payment of any thereof, and of the interest therein,by mortgage pledge, conveyance or assignment in trust,of the whole or any part of the rights or property of the Association. 3.12 Where its Members do not fulfill such responsibilities, to be responsible in perpetuity for maintenance of the conservation areas, i.e., all preserved, restored, or created Articles of Incorporation Page 2 of 7 16A3 wetlands areas and uplands buffer zones described on the recorded plat of Vincent Acres; and to take action against Members, if necessary, to enforce the conditions of any conservation easements and permits issued by the South Florida Water Management District for the Development. 3.13 Where its Members do not fulfill such responsibilities, to be the responsible entity to operate and maintain any surface water management systems permitted by the South Florida Water Management District, including but not limited to, all lakes, retention areas, culverts and related appurtenances in the Development. Except as provided herein, all funds and title to all property acquired by the Association shall be held for the benefit of the Members in accordance with the provisions of the Declaration, these Articles of Incorporation, and the Bylaws. ARTICLE IV Membership 4.1 Membership Generally: No person except an Owner or Declarant, as such terms are defined in the Declaration, is entitled to membership in the Association, and all Owners and Declarant regardless of whether a Declarant is also an Owner, shall be Members of the Association, as provided in this Article. 4.2 Every Owner who holds record title to a Lot shall be a Member of the Association. Each membership shall be appurtenant to a Lot and shall be transferred automatically by a conveyance of record title to such Lot. An Owner of more than one Lot is entitled to one (1) membership for each Lot to which such Owner holds record title. If more than one person holds an interest in any Lot, all such persons shall be Members; provided however, that only one (1) vote shall be cast with respect to any one Lot. No person other than an Owner may be a Member of the Association, and membership may not be transferred except by a transfer of record title to the Lot to which it is appurtenant. ARTICLE V Voting Rights All Members shall be entitled to one (1) vote for each Lot owned. If more than one person holds record title to a Lot, there shall be only one (1) vote cast with respect to such Lot, exercised as described in the Bylaws. ARTICLE VI Board of Directors The affairs of this Association shall be managed and governed by a Board of Directors consisting of at least three (3) directors. The number of directors of the Association shall initially be three (3), but the number of directors may be changed by amendment of the Bylaws of the Association. The names and addresses of the persons who are to act in the capacity of directors until the selection of their successors are: Nicholas Kouloheras 11145 Tamiami Trail East Naples, FL 34113 Articles of Incorporation Page 3 of 7 Rebecca Paratore 6 „ 11145 Tamiami Trail East Naples, FL 34113 Yolanda Herrera 11145 Tamiami Trail East Naples, FL 34113 The Declarant shall have the right to designate as many members of the Board of Directors for so long as permitted by Chapter 720, Florida Statutes, and the Declaration. Notwithstanding the foregoing, the Declarant shall be entitled at any time to waive in writing its rights hereunder, and to transfer control of the Association to the owners prior to the times required by law. After Turnover, the Declarant shall, within the time required by law and in a manner to be provided in the By-Laws, relinquish control of the Association. ARTICLE VII Officers The affairs of the Association shall be administered by a President, a Vice President, a Secretary, a Treasurer and such other officers as may be designated from time to time by the Directors. An individual may simultaneously hold more than one office so long as the President is not also the Secretary. The officers shall be elected or designated by the Board of Directors at the first Board meeting following the annual meeting of the Members of the Association. The names and addresses of the officers who shall serve until their successors are elected or designated by the Board of Directors are as follows: President -Nicholas Kouloheras Vice President—Rebecca Paratore Secretary/Treasurer- Yolanda Herrera ARTICLE VIII Indemnification Every director and every officer of the Association shall be indemnified and held harmless, to the fullest extent permitted by Florida law, by the Association against all expenses and liabilities, including attorneys' fees, actually and reasonably incurred by or imposed upon such person in connection with any proceeding (including appellate proceedings) or any 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 of the Association at the time such expenses or liabilities are incurred, except when the director or officer is adjudged guilty of willful misfeasance, malfeasance or violation of criminal law in the performance of his duties or where the director or officer derived an improper personal benefit from his actions; provided that in the event of a settlement before entry of judgment, the indemnification shall apply only when the Board of Directors approve such settlement and reimbursement as being in the best interest of the Association. The foregoing Articles of Incorporation Page 4 of 7 16A3 right of indemnification shall be in addition to and not exclusive of all other rights to which such director or officer serving the Association may be entitled. ARTICLE IX Bylaws Except as provided in Article XI thereof, the Bylaws of the Association shall be adopted, made, altered or rescinded by the Board of Directors and may be altered, amended or rescinded, with the approval of two-thirds (2/3) of the directors present at a duly constituted meeting of the Board of Directors called for that purpose. ARTICLE X Term and Dissolution The Association shall have a perpetual existence unless dissolved pursuant to this Article X. The Association may be dissolved upon written assent signed by Members holding not less than one hundred percent (100%) of the total voting interest. Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association remaining after provisions for creditors and payment of all costs and expenses of such dissolution shall be distributed in the following manner: 1. Real property contributed to the Association, without the receipt of other than nominal consideration, by Habitat for Humanity of Collier County, Inc., shall be returned in fee simple and without encumbrances to Habitat for Humanity of Collier County, Inc., or its successor, whether or not it is a Member at the time of such dissolution, unless it refuses to accept the conveyance in whole or in part. 2. Property determined by the Board of Directors to be appropriate for dedication to an applicable governmental agency or utility shall be dedicated to such agency or utility. In the event that such dedication is refused acceptance, such property shall be granted, conveyed and assigned to a nonprofit corporation, association, trust or other organization to be devoted to purposes as nearly as practicable the same as those to which they were required to be devoted to the Association. 3. Any remaining assets shall be distributed among the Members subject to the limitations set forth below, as tenants in common, each Member's share of assets to be determined as may be provided in the By-Laws, or in the absence of such provision, in accordance with his voting interest. 4. No disposition of the Association property shall be effected to divest or diminish any right or title of any Member vested in him under a deed or other recorded instrument applicable to the Parcel or lot in the Development owned by such Member unless made in accordance with provisions of such deed or instrument. Articles of Incorporation Page 5 of 7 16A3 ARTICLE XI Amendments Amendments to these Articles of Incorporation shall be proposed and adopted in the following manner: 11.1 Proposal: A resolution for the adoption of an amendment may be proposed by either the Board of Directors or by the Members of the Association holding a majority of the voting interests, at a meeting or by instrument in writing signed by them. 11.2 Notice: Such proposed amendment or amendments shall be transmitted to the President of the Association, or any other officer in the absence of the President, who shall thereupon call a special meeting of the Members of the Association for a date not sooner than twenty (20) days nor later than sixty (60) days from the receipt by him or her of the proposed amendment or amendments, and it shall be the duty of the Secretary to give each Member written notice of such meeting stating the time and place of the meeting and the subject matter of the proposed amendment, which notice shall be mailed or presented personally to each Member not less than ten (10) days nor more than thirty(30) days before the date set for such meeting. 11.3 Vote: At such meeting, the amendment or amendments proposed must be approved by an affirmative vote, in person or by proxy, of the Members holding not less than a majority of the voting interest in the Association in order for such amendment or amendments to become effective. 11.4 Limit on Amendments: No amendment shall make any changes in the qualifications for membership, or in the voting rights of Members, without approval in writing by all Members. Any proposed amendment which would change any rights or obligations of Declarant will not be effective without Declarant's consent. 11.5 Certification: A copy of each amendment to these Articles shall be promptly filed with the Secretary of State and recorded in the Public Records of Collier County, Florida. ARTICLE XII Registered Agent The name and street address of the initial registered agent of the Company in the State of Florida is: Rebecca Paratore c/o Habitat for Humanity of Collier County, Inc. 11145 Tamiami Trail East Naples, Florida 34113 ARTICLE XIII General Unless otherwise defined in these Articles of Incorporation, defined terms contained in these Articles, as indicated by initial capitalization, shall have the meaning ascribed to them in the Declaration. Any conflict between these Articles and the Declaration shall be governed by Articles of Incorporation Page 6 of 7 16A3 such Declaration and any conflict between these Articles and the Bylaws shall be governed by these Articles. Nicholas Kouloheras, who is President of the corporation, hereby certifies that this amendment and restatement does not contain an amendment or restatement which requires member approval and that the members ofAs,t9yerning board of the corporation approved this restatement with sufficient votes on March , 2018. IN WITNESS WHEREOF, the undersigned does hereby certify the adoption of the within Amended and Restated Articles of Incorporation. VINCENT'S ACRES HOMEOWNER ASSOCIATION, INC. By: Nicholas Kouloheras, President Articles of Incorporation Page 7 of 7 16A3 BYLAWS OF VINCENT'S ACRES HOMEOWNER ASSOCIATION, INC. EXHIBIT (A Florida Not-for-Profit Corporation) a ARTICLE I NAME AND PRINCIPAL OFFICE The name of this corporation is VINCENT'S ACRES HOMEOWNER ASSOCIATION, INC. a Florida not-for-profit corporation,(hereinafter referred to as the"Association"). The initial principal office of the Association shall be located at 11145 Tamiami Trail East, Naples, Florida 34113, or at other such places as may be established by Resolution of the Board of Directors. However,meetings of Members or Directors may be held at such places in Collier County,Florida as may be designated by the Board of Directors or as designated in the notice for the meeting. ARTICLE II DEFINITIONS All definitions in the Declaration of Restrictions of Vincent's Acres,as amended from time to time (hereinafter referred to as the "Declaration") recorded in the Public Records of Collier County, Florida, are incorporated by reference herein and made a part hereof for all intents and purposes. ARTICLE III PURPOSE Pursuant to,and in conjunction with,the Declaration and the Articles of Incorporation,these Bylaws shall govern the conduct of the affairs of the Association,which has been duly organized as a Florida not-for-profit corporation under Chapter 617, Florida Statutes (2015), as amended, by the filing of its Articles of Incorporation with the Secretary of State for the State of Florida,and shall be governed as a Homeowner Association in accordance with Florida Statutes 720, as amended. ARTICLE IV EXISTENCE The Association shall exist in perpetuity;however,if the Association is dissolved as may be provided for in the Declaration, these Bylaws, or the Laws of the State of Florida, the property consisting of the Surface Water Management System will be conveyed to an appropriate agency of local government. Should the local government entity choose not to accept the conveyance, the Surface Water Management System will be dedicated to a similar non-profit organization. ARTICLE V MEETINGS OF MEMBERS Section 1. Annual Meeting. The annual meeting of the Members shall be held at least once each calendar year at the principal office or other location as determined by the Board of Directors for the purpose of electing the Board of Directors,the officers,and transacting any other Association Page 1 of 10 VINCENT'S ACRES HOMEOWNER ASSOCIATION, INC. BYLAWS 16 A 3 business as may be authorized by the members. Section 2. Special Meetings. Special meetings of the Members maybe called at any time by the President or by a majority of the members of the Board of Directors, or upon written request of the Members comprising fifty percent (50%) of all voting owners (as hereinafter defined). Section 3. Notice of Meetings. Written notice of each meeting of the Members shall be given by, or at the direction of, the Secretary, or other person authorized to call the meeting, by mailing a copy of such notice,postage prepaid,not less than fourteen(14),and not more than forty- five(45)days,before such meeting;provided,however, in the case of an emergency, four(4)days' written notice will be deemed sufficient to each member entitled to vote at such meeting,addressed to the Members' address last appearing on the books of the Association,or supplied by such Member to the Association for the purpose of notice. Section 4. Quorum. The presence at the meeting of Members and/or of proxies entitled to cast thirty percent (30%) of the votes of the Association shall constitute a quorum for any action, except as otherwise provided in the Articles of Incorporation,the Declaration,or these Bylaws. If a quorum is not present or represented at any meeting, the Members present shall have power to adjourn the meeting without notice other than the announcement thereof at the meeting and the posting of the re-notice of the meeting in the manner provided above, until a quorum as aforesaid shall be present or represented. The acts approved by a majority of the votes present at a meeting at which a quorum is present shall constitute the acts of the Members, except when approval of a greater number of Members is required by the Declaration, the Articles of Incorporation or these Bylaws. Section 5. Voting Rights. The Association shall have one class of voting Membership. All Owners shall be Members of the Association. When more than one person holds an interest in any Lot, all such persons shall be Members,but only one(1)vote for each such Lot shall be cast by the person designated among the Lot owners themselves in accordance with the procedures set forth in these Bylaws. Section 6. Voting Owners. Each Lot shall be entitled to cast only one (1) vote, and the person authorized to cast the vote for said Lot shall hereinafter by referred to as the"Voting Owner." If the Lot is solely owned by one person, such person shall be the Voting Owner. If the Lot is owned by more than one person or by an entity, the identity of the Voting Owner shall be disclosed to the Secretary of the Association by filing a certificate designating the person so authorized either at or before the meeting(hereinafter referred to as the"Voting Certificate")which is signed by(i)the majority of the Owners of the Lot with their respective fractional interests set forth in said certificate, or(ii) the officers or other representatives of such entity. Section 7. Voting Owner's Privilege. The Voting Owner shall be the only Owner owning an interest in a Lot eligible to cast the vote allocable to that Lot at Association Members'meetings. The Voting Owner may continue to cast the vote for all Owners with an interest in the Lot until such time as another Owner is properly designated as the Voting Owner in a Voting Certificate,in accordance with the procedures set forth above. Failure to file a Voting Certificate when required shall result in depriving Members with an interest in such Lot of a vote at the meeting. Page 2 of 10 VINCENT'S ACRES HOMEOWNER ASSOCIATION,INC. A BYLAWS A Section 8. Proxies. Votes may be cast in person or by proxy. A proxy may be given by any Voting Owner and shall be valid only for the particular meeting designated in the proxy and any lawfully adjourned meetings thereof and must be filed with the Secretary of the Association before the appointed time of the meeting or any adjournment of the meeting. In no event shall any proxy be valid for a period longer than ninety(90) days after the date of the first meeting for which it was given. Every proxy shall be revocable at any time at the pleasure of the Voting Owner executing it. Every proxy shall specifically set forth the name of the person authorized to vote the proxy for him/her and the date the proxy was given, and if a limited proxy, set forth those items concerning which the holder of the proxy may vote. If a proxy so provides, any proxy holder may appoint, in writing, a substitute to act in his/her place; otherwise no substitution is allowed. Section 9. Adjourned Meetings. If members cannot transact business at any meeting because a quorum is not present or represented,the Members who are present, either in person or by proxy, may adjourn the meeting from time to time until a quorum is present. Section 10. Location. Meetings shall be held at such place convenient to the Members as may be designated by the Board of Directors. Section 11. Minutes. The minutes of all meetings of Members, together with the written notices described in Section 3 above,shall be kept in a book available for inspection by Members,or their authorized representatives, at any reasonable time. The Association shall retain these minutes for a period of not less than seven (7) years. ARTICLE VI BOARD OF DIRECTORS Section 1. Number. The affairs of this Association shall be managed by a Board of Directors, consisting of not less than three(3)nor more than five(5)Directors, all of whom(except for any Director elected by Habitat)shall be Members of the Association. Three(3)Directors shall constitute the entire Board of Directors during the period of Declarant control. The number of Directors thereafter may remain the same or be increased to a number from three(3) and up to five (5) Directors, inclusive. Section 2. Election of Directors. A. Initial Board of Directors. The initial Board of Directors and the Board of Directors each and every year until the Association has been turned over to the members, shall be elected by Habitat to serve until the first annual meeting of the Members of the Association after turnover. B. Subsequent Board of Directors. After turnover of the Association, each subsequent Board of Directors shall be elected by the majority vote of the Voting Owners at the annual meeting of the Members of the Association. Section 3. Removal. A Director, other than a Director named by Habitat pursuant to this Page 3 of 10 VINCENT'S ACRES HOMEOWNER ASSOCIATION,INC. BYLAWS Section 2, may be removed from the Board, with or without cause, by a two-thirds (2/3) majority vote of the Members of the Association. In the event of the death, resignation or removal of a Director,his/her successor shall be selected by the remaining Directors on the Board and he/she shall serve for the unexpired term of his/her predecessor. Section 4. Term. The term of each Director's service shall extend until the next annual meeting of the Members and subsequently until his/her successor is duly elected and qualified or until he/she is removed in the manner provided in this Section 3. If the number of Directors is increased to five(5),Directors shall be elected for staggered terms of office. At the first meeting at which Directors with staggered terms are to be elected,three Directors shall be elected for a two-year term and two Directors shall be elected for a one-year term. In the event of a vacancy the replacement Director,if any,will serve the length of the unexpired term unless otherwise provided by law. Section 5. Organizational Meeting. The organizational meeting of each newly-elected Board of Directors shall be held within twenty(20)days of their election at such place and time as shall be fixed by the Directors at the annual meeting at which they were elected, and no further notice of the organizational meeting shall be necessary. The Board of Directors shall elect the President, Vice- President, Secretary and Treasurer of the Association, and conduct other business, as it deems necessary. Section 6. Regular Meetings. Regular meetings of the Board of Directors may be held at such time and place as shall be determined,from time to time,by a majority of the Directors. Notice of regular meetings disclosing the time,date and place of the meeting shall be given to each Director, personally or by mail or telephone,at least seven(7)days prior to such meeting. All meetings of the Board shall be open to all Owners, and adequate notice of all meetings,regular and special,shall be posted conspicuously at the principal office of the Association at least forty-eight(48)hours prior to such meeting,except in an emergency. For any Meeting at which assessments against Owners are to be considered for any reason, the notice of such meeting shall specifically contain statements that assessments are to be considered and describing the nature of any such assessment. The minutes of all meetings of the Board of Directors shall be kept in a book available for inspection by Owners,or their authorized representatives,at any reasonable time. The Association shall retain these minutes for a period of not less than seven (7)years. Section 7. Special Meetings. Special meetings of the Directors may be called by the President from time to time and must be called by the Secretary at the written request of one-third (1/3) of the Directors. Except in an emergency, not less than four (4) days' notice of special meetings disclosing the time,date,place and purpose of the meeting shall be given personally or by mail, telephone or electronic transmittal. Any Director may waive notice of a Meeting, before or after the Meeting and such waiver shall be deemed equivalent to the receipt of notice. Section 8. 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 acts of the Board of Directors, except when approval by a greater number of Directors is required by the Declaration, the Article of Incorporation or these Bylaws. Page 4 of 10 VINCENT'S ACRES HOMEOWNER ASSOCIATION, INC. BYLAWS 16 A 3 Section 9. Adjourned Meetings. If, at any meeting of the Board of Directors, there is less than a quorum present,the majority of those present may adjourn the meeting from time to time until a quorum is present. Any business that might have been transacted at the adjourned meeting as originally called may be transacted at a subsequent meeting at which a quorum is present, which meeting may be called without further notice. Section 10. Presiding Officer. The presiding officer of Directors' meetings shall be the President. In the absence of the presiding Officer,the Directors present shall designate one of their number to preside. Section 11. Compensation. No Officer or Director of the Board shall receive compensation for any services he/she may render to the Association unless so provided for in the Governing Documents. However, an Officer or Director of the Board shall be reimbursed for his/her actual expenses incurred in the performance of his/her duties. Section 12. Action Taken Without a Meeting. The Directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all the Directors. Any action so approved shall have the same effect as though taken at a meeting of the Directors. Section 13. Powers and Duties of the Directors. All of the powers and duties existing under the Declaration, Articles of Incorporation, Chapter 617 Florida Statutes and these Bylaws shall be exercised exclusively by the Board of Directors,the agents, contractors, or employees of the Board of Directors, subject only to approval by Voting Owners and by Habitat for Humanity when the approval of either or both is specifically required. Section 14. Fines. The Board shall have the right to certain remedies at law, to suspend certain rights to the common areas and to levy fines for violations as specifically defined in Chapter 720.305, Florida Statutes as may be amended from time to time. ARTICLE VII OFFICERS Section 1. Officers. The Officers of the Association shall consist of a President(who shall be a Director;a Vice-President(who shall be a Director);a Secretary;and a Treasurer and such other officers as the Board may from time to time by resolution create, pursuant to Section 4 below. Section 2. Election of Officers. The officers shall be elected by the Board of Directors at its organizational meeting as set forth in Article VI Section 5. Section 3. Term. Each Officer of this Association shall be elected annually and shall hold office for one(1)year unless he/she shall sooner resign,be removed,or be otherwise disqualified to serve and/or one two (2)year term if the Board uses staggered terms for its elected Directors. Section 4. Special Appointments. The Board of Directors may elect such other officers as the affairs of the Association may require,each of whom shall hold office for such period,have such Page 5 of 10 VINCENT'S ACRES HOMEOWNER ASSOCIATION,INC. BYLAWS i 6 A 3 authority, and perform such duties as the Board may, from time to time, determine. Section 5. Resignation and Removal. Any officer may be removed from office, with or without cause, by the Board of Directors. Any Officer may resign at any time by giving written notice to the Board,the President or the Secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Section 6. Vacancies. A vacancy in any office may be filled by appointment by the Board of Directors at the same meeting or at a special meeting called for that purpose not later than twenty (20) days after such vacancy arises. The Officer appointed to such vacancy shall serve for the remainder of the term of the Officer he/she replaces. Section 7. Multiple Offices. The offices of Secretary and Treasurer may be held by the same person. Section 8. Duties. The duties of the officers are as follows: A. President. The President shall act as chief executive officer of the Association and shall be vested with the powers customarily associated with such office. By way of illustration but not of limitation, the President shall preside at all meetings of the Members and Board of Directors; shall see that orders and resolutions of the Board are carried out; shall sign all written instruments; and shall co-sign all checks and promissory notes. B. Vice President. The Vice President shall exercise the powers and perform the duties of the President in the event of his/her absence, disability, inability or refusal to act, and shall exercise and discharge such other duties as may be required of him/her by the Board of Directors or by the President. C. Secretary. The Secretary or designee shall record the votes and keep the minutes of all meetings and proceedings of the Board of Directors and of the Members; serve notices required by law, including notices of meetings of the Board and of the Members; keep appropriate current membership records and other records of the Association; and shall perform such other duties as required by the Board of Directors or by the President. D. Treasurer. The Treasurer or designee shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors; shall sign all checks and promissory notes of the Association;keep proper books of account; shall prepare an annual budget and a statement of income and expenditures to be presented to the Membership at its regular annual meeting, and deliver a copy of each to the Members; and shall perform such other duties as required by the Board of Directors or by the President. Page 6 of 10 VINCENT'S ACRES HOMEOWNER ASSOCIATION.INC. S '" BYLAWS ARTICLE VIII COMMITTEES The Board of Directors may appoint committees of Members to assist in the conduct of the affairs of the Association. ARTICLE IX BOOKS AND RECORDS The books and records of the Association,the Declaration,the Articles of Incorporation and the Bylaws of the Association shall be available for inspection by any Member at the principal office of the Association during normal business hours. Copies of the Declaration, Articles of Incorporation or Bylaws may be purchased at reasonable cost to recoup the cost of photocopying same. ARTICLE X FISCAL MANAGEMENT Section 1. Responsible Officer. The Treasurer shall act as the chief fiscal officer of the Association. The provisions for fiscal management of the Association set forth in the Declaration and Articles of Incorporation shall be supplemented by the following provisions set forth in this Article X. Section 2. Association Receipts and Expenditures. The receipts and expenditures of the Association shall be credited and charged to accounts under the following classifications as shall be appropriate, all of which expenditures shall be common expenses for purposes of these Bylaws: A. Current expense funds shall encompass all receipts and expenditures within the year for which the budget is made, including working funds for day-to-day operations. B. Special assessment funds for capital improvements or betterments shall include the funds to be used for capital expenditures for additional improvements that will be part of the Easement Areas, together with all improvements, infrastructure, and other facilities provided,however,that any such special assessment shall have the approval of at least two- thirds (2/3) of the votes cast by the Voting Owners on behalf of the Members of the Association. Section 3. Adoption of Budget. A. The proposed annual budget of common expenses shall be detailed and shall show the amounts budgeted by accounts and expense classifications. In addition to annual operating expenses, the budget shall include reserve accounts for capital expenditures and deferred maintenance. These reserve accounts shall include,but not be limited to,pavement repair and resurfacing, maintenance and repair or sprinkler systems, wells and well appurtenances, and maintenance of gate and security facilities. B. The Board of Directors shall mail copies of the proposed annual assessments and Page 7 of 10 1 6 A 3 VINCENT'S ACRES HOMEOWNER ASSOCIATION.INC. BYLAWS the proposed annual budget for common expenses to the Owners with the notice of meeting for the same, forty-five(45)days prior to the meeting. The Board shall adopt the budget at its last meeting preceding the beginning of the next fiscal year. If the budget adopted by the Board requires assessments against Owners in any fiscal year exceeding 125% of the assessments for the preceding fiscal year, the Board shall call a special meeting of the Owners within forty-five (45) days of the date the budget was approved and with not less than twenty(20)days prior written notice to each Owner. At the special meeting,the Voting Owners shall consider, and may enact, an alternative budget to replace the annual budget adopted by the Board. The adoption of such alternative budget shall require a vote at the special meeting of not less than a two-thirds (2/3)majority of all Voting Owners present at such meeting; otherwise, the budget adopted by the Board shall become effective as scheduled. Section 4. Levy of Assessments. After adopting an annual budget and determining the annual assessments per Lot, the Association shall levy such assessments by promptly notifying all Voting Owners by delivering or mailing notice thereof to the Voting Owners representing each Lot at such Voting Owner's most recent address as shown by the books and records of the Association. Such assessments shall be due within 30 days after assessment is made. If an annual assessment is not adopted by January 31,an assessment shall be presumed to have been made in the amount of the last prior assessment and monthly installments on such assessment shall be due upon each installment payment date until such change by an amended budget and assessments.The assessment, annual and special if approved, will be payable monthly and included with mortgage payment for mortgages held by Habitat of Collier County. Assessments for mortgages not held by Habitat of Collier County and lots without mortgages are payable to Habitat acting as managing agent for the Association on January 31 of each year. Section 5. Special Assessments. Special assessments, including special assessments for common expenses,emergencies or capital expenditures for additional improvements that cannot be paid from the annual assessments for common expenses due to an annual budget deficiency as contemplated in Section 4 above shall be made only after notice of the need for such is given to the Owners concerned. Notice shall be in writing and sent to all Members not less than thirty(30)days, nor more than sixty(60)days,prior to the meeting. Upon approval by two-thirds(2/3)of the votes of the Voting Owners, the special assessment shall become effective as fixed in the resolution authorizing such special assessment. Section 6. Acceleration of Assessment Upon Default. If an Owner shall remain in default in the payment of an assessment as provided in the Declaration, a notice of acceleration to the Owner stating that the unpaid balance of the annual assessment shall come due upon the date stated in the notice (which shall be not less than twenty(20) days after the date of mailing) shall be sent to said delinquent Owner by registered or certified mail, return receipt requested. Section 7. Liens; Enforcement. Every assessment, together with interest thereon and the Costs of Collection thereof as provided in the Declaration,shall constitute a personal obligation and debt from the Owner(s)of the Lot payable without demand,and shall be secured by a lien upon such interest in the Lot and all improvements thereon owned by such Owner. Said lien shall attach and be enforceable as provided in the Declaration. Page 8 of 10 VINCENT'S ACRES HOMEOWNER ASSOCIATION.INC. BYLAWS Section 8. Depository. The depository of the Association shall be such federally insured bank or savings and loan association as shall be designated from time to time by the Board of Directors and in which the monies of the Association shall be deposited. Withdrawal of monies from such accounts shall be only checks signed by the President and Treasurer, or contracted administrative designees of the Board. Section 9. Review. A review of the accounts of the Association shall be made annually by an independent individual selected by the Board of Directors, by not later than April 1 of the year following the year for which the review is made. ARTICLE XI AMENDMENTS Section 1. Notice. Notice in writing of the subject matter of a proposed amendment shall be included in the notice of any meeting at which a proposed amendment is considered. The proposal to amend existing Bylaws shall contain the full text of the Bylaws to be amended;new words shall be inserted in the text underlined and words to be deleted shall be lined through with hyphens. However,if the proposed change is so extensive that this procedure would hinder,rather than assist, the understanding of the proposed amendment, it is not necessary to use underlining, hyphens or indicators of words added or deleted, but a notation must be inserted immediately preceding the proposed amendment in substantially the following language: "*Substantial rewording of Bylaws. See Bylaw for present text." Nonmaterial errors or omissions in the amendment review process shall not invalidate an otherwise properly promulgated amendment. Section 2. Amendment Resolution. A resolution for the adoption of a proposed amendment shall require a two-thirds (2/3)majority of all of the Voting Owners of the Association. Directors and Members not present in person or by proxy at the meeting considering the amendment may express their approval in writing,providing such approval is delivered to the Secretary at or prior to the meeting. Section 3. Proviso. A. No amendment shall discriminate against any Owner nor against any Lot or Tract or group of Lots or Tracts, unless the Owners so affected shall consent. B. No amendment shall change any Lot or decrease the share in the Easement Areas appurtenant to it,unless the record owner of the Lot or Tract concerned and all record owners of the mortgages on such Lot or Tract shall join in the execution of the amendment. ARTICLE XII MISCELLANEOUS Section 1. Fiscal Year. The fiscal year of the Association shall begin on the first day of January and end on the 31st day of December of every year, except that the first fiscal year shall begin on the date of incorporation. Page 9 of 10 VINCENT'S ACRES HOMEOWNER ASSOCIATION. INC. BYLAWS 16gj Section 2. Corporate Seal. The association may have a seal in circular form having within its circumference the words: VINCENT'S ACRES HOMEOWNER ASSOCIATION, INC., a Corporation Not-for-Profit, Florida or, in the alternative, may use a blank "corporation not-for- profit" seal or such other corporate seal as approved by a vote of the Board. Section 3. Voluntary Binding Arbitration. In the event of any internal disputes arising from the operation of the Easement Areas or of the Association between and (other than with respect to assessments) among Voting Owners, the Board of Directors, the Declarant and/or their respective agents and assigns,the parties to the dispute shall submit the dispute to voluntary binding arbitration. The non-prevailing party shall pay the cost of arbitration. In cases where the parties cannot agree upon which party is the non-prevailing party,the decision of the arbitrator concerning same shall be conclusive and binding upon the parties. Section 4. Parliamentary Rules. Roberts' Rules of Order (latest edition) shall govern the conduct of Association meetings when not in conflict with the Declaration, the Articles of Incorporation or these Bylaws. Section 5. Conflict. (a)In the case of any conflict between the Articles of Incorporation and these Bylaws, the Articles shall control; (b) in the case of any conflict between the Declaration and these Bylaws, the Declaration shall control; (c) in the case of any conflict between the Declaration and the Articles, the Declaration shall control; and(d)in the case of any conflict between all of the above, the Declaration shall control. The foregoing were adopted as the Bylaws of VINCENT'S ACRES HOMEOWNER ASSOCIATION,INC.,a not-for-profit corporation organized ithfe laws of the State of Florida, at the first meeting of the Board of Directors thereof on March APPROVED: A A I ! , Iii& NICHOLAS KOULOHERAS, President Y 4 LI: Ir ' ' RA, Secretary Page 10 of 10 16 A3 SOUTH FLORIDA WATER MANAGEMENT DISTRICT WATER USE INDIVIDUAL PERMIT APPLICATION NO: 160503-17 PERMIT NUMBER: 11-02604-W DATE ISSUED: March 8, 2017 EXPIRATION DATE: March 8, 2022 PERMITTEE: HABITAT FOR HUMANITY OF COLLIER COUNTY INC 11145 TAMIAMI TRAIL EAST NAPLES, FL 34113 PROJECT NAME: VINCENT ACRES PROJECT LOCATION: Collier County, S3/T50S/R26E PROJECT DESCRIPTION/AUTHORIZING: Authorizing: The use of surface water from the on-site lakes with groundwater recharge from the Lower Tamiami aquifer for landscape irrigation of 7.28 acres of turf using a sprinkler irrigation system with an annual allocation of 10.26 million gallons. This is to notify you of South Florida Water Management District's (District) agency action concerning Permit Application Number 160503-17, received May 3, 2016. This action is taken pursuant to Chapter 373, Part II, Florida Statutes (F.S.), Rule 40E-1.603 and Chapter 40E-2, Florida Administrative Code (F.A.C.). Based on the information provided, District rules have been adhered to and a Water Use Individual Permit is in effect for this project subject to: 1. Not receiving a filed request for an administrative hearing pursuant to Section 120.57 and Section 120.569 (F.S.), or a request for a judicial review pursuant Section 120.68, F.S. 2. The attached 27 permit conditions. 3. The attached 7 exhibits. By acceptance and utilization of the water authorized under this permit, the Permittee agrees to hold and save the District and its successors harmless from any and all damages, claims or liabilities that may arise by reason of the construction, maintenance or use of activities authorized by this permit. Should you object to the permit, please refer to the attached "Notice of Rights" that addresses the procedures to be followed if you desire a public hearing or other review of the proposed agency action. Should you wish to object to the proposed agency action or file a petition or request, please provide written objections, petitions, requests and/or waivers to: Office of the District Clerk, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, or by email to clerk@sfwmd.gov. CERTIFICATION OF SERVICE I HEREBY CERTIFY THAT this written notice has been mailed or electronically transmitted to the Permittee (and the persons listed in the attached distribution list)this 8th day of March, 2017, in accordance with Section 120.60(3), F.S. Notice was also electronically posted on this date through a link on the home page of the District's website (my.sfwmd.gov/ePermitting). /4411 A144,JAJA4 BY: EXHIBIT Simon Sunderland, P.G. Section Leader a Water Use Bureau a Application Number:160503-17 PAGE 1 OF 7 16A3 SPECIAL PERMIT CONDITIONS 1. This permit is issued to: Habitat for Humanity of Collier County, Inc 11145 Tamiami Trail East Naples, FL 34113 2. This permit shall expire on March 8, 2022. 3. Use classification is: Landscape Irrigation 4. Source classification is: Groundwater from: Lower Tamiami Aquifer Surface Water from: On-site Lake(s)/ Pond(s) 5. Allocation: Total annual allocation is 10.26 million gallons (MG). (28,110 GPD) Total maximum monthly allocation is 1.26 million gallons (MG). These allocations represent the amount of water required to meet the water demands as a result of a rainfall deficit during a drought with the probability of recurring one year in ten. The Permittee shall not exceed these allocations in hydrologic conditions less than a 1-in-10 year drought event. Compliance with the annual allocation is based on the quantity withdrawn over a 12-month time period. Compliance with the maximum monthly allocation is based on the greatest quantity withdrawn in any single month. The annual allocation expressed in GPD or MGD is for informational purposes only. If the rainfall deficit is more severe than that expected to recur once every ten years, the withdrawals shall not exceed that amount necessary to continue to meet the reasonable-beneficial demands under such conditions, provided no harm to the water resources occur and: 1. All other conditions of the permit are met; and 2. The withdrawal is otherwise consistent with applicable declared Water Shortage Orders in effect pursuant to Chapter 40E-21, F.A.C. 6. Withdrawal facilities: Page 2 of 7 Application Number: 160503-17 16A3 Groundwater- Proposed: 1 - 8" X 75' X 150 GPM Well Cased To 55 Feet Surface Water- Proposed: 1 - 6" x 15 HP X 350 GPM Submersible Pump 7. The Permittee shall submit all data as required by the implementation schedule for each of the permit conditions to: SFWMD at www.sfwmd.gov/ePermitting, or Regulatory Support, 3301 Gun Club Road, West Palm Beach, FL 33406. 8. The Permittee must submit the appropriate application form incorporated by reference in Rule 40E-2.101, F.A.C., to the District prior to the permit expiration date in order to continue the use of water. 9. The Permittee shall secure a well construction permit prior to construction, repair, or abandonment of all wells, as described in Chapter 40E-3, F.A.C. 10. If at any time there is an indication that the well casing, valves, or controls leak or have become inoperative, repairs or replacement shall be made to restore the system to an operating condition. Failure to make such repairs shall be cause for filling and abandoning the well, in accordance with procedures outlined in Chapter 40E-3, F.A.C. 11. The Permittee shall submit to the District an updated "Summary of Groundwater (Well) Facilities" table ("Section IV - Sources of Water", Water Use Permit Application Form 1379) within 90 days of completion of the proposed wells identifying the actual total and cased depths, pump manufacturer and model numbers, pump types, intake depths and type of meters. 12. Landscape irrigation shall be restricted to the hours and days described in Rule 40E-24.201, F.A.C., or alternative landscape irrigation conservation measures adopted by local government ordinance in accordance with Rule 40E-24.301, F.A.C. 13. The Permittee shall submit to the District an updated "Summary of Surface Water (Pump) Facilities"table ("Section IV - Sources of Water", Water Use Permit Application Form 1379)within 90 days of installation of the proposed pumps identifying the surface water source, local drainage district (if applicable), pump type, diameter, capacity and horsepower, intake elevation (feet, NGVD), and water use accounting method. 14. If reclaimed water becomes available prior to the expiration date of this permit, the Permittee shall apply for a modification of the water use permit to reflect that portion of the allocation which is to be provided for by reclaimed water. The permittee is required to request a permit modification when an agreement has been executed between both parties, the transmission lines are Page 3of7 Application Number: 160503-17 16A3 constructed to the project site, and the necessary on-site modifications and authorizations are obtained. 15. The amount of water used for irrigation replacement/recharge shall not exceed the amount of water withdrawn from the surface water sources(s) on a monthly basis (for example, there cannot be more water put into the lake than is pumped out of the lake). The replacement/recharge of groundwater into surface water is for water quality treatment or supplementation and not the artificial maintenance of lake levels. 16. This permit is issued concurrently with the required construction permit for an environmental resource system (ERP). No use of water shall commence until final action has been taken on the concurrent ERP application. Should the ERP for this project not be obtained, or obtained and subsequently revoked or otherwise modified, this permit shall be subject to review and modification, enforcement action, or revocation pursuant to Chapter 373, F.S., in accordance with Standard Permit Condition 8. Page 4 of 7 Application Number: 160503-17 16 A3 STANDARD PERMIT CONDITIONS 1. All water uses authorized by this permit shall be implemented as conditioned by this permit, including any documents incorporated by reference in a permit condition. The District may revoke this permit, in whole or in part, or take enforcement action, pursuant to Section 373.136 or 373.243, F.S., unless a permit modification has been obtained to address the noncompliance. The Permittee shall immediately notify the District in writing of any previously submitted material information that is later discovered to be inaccurate. 2. The Permittee is advised that this permit does not relieve any person from the requirement to obtain all necessary federal, state, local and special district authorizations. 3. The Permittee shall notify the District in writing within 30 days of any sale, transfer, or conveyance of ownership or any other loss of permitted legal control of the Project and/or related facilities from which the permitted consumptive use is made. Where Permittee's control of the land subject to the permit was demonstrated through a lease, the Permittee must either submit a new or modified lease showing that it continues to have legal control or documentation showing a transfer in control of the permitted system/project to the new landowner or new lessee. All transfers of ownership are subject to the requirements of Rule 40E-1.6107, F.A.C. Alternatively, the Permittee may surrender the consumptive use permit to the District, thereby relinquishing the right to conduct any activities under the permit. 4. Nothing in this permit should be construed to limit the authority of the District to declare a water shortage and issue orders pursuant to Chapter 373, F.S. In the event of a declared water shortage, the Permittee must adhere to the water shortage restrictions, as specified by the District. The Permittee is advised that during a water shortage, reports shall be submitted as required by District rule or order. The Permittee is advised that during a water shortage, pumpage, water levels, and water quality data shall be collected and submitted as required by District orders issued pursuant to Chapter 40E-21, F.A.C. 5. This permit does not convey to the Permittee any property rights or privileges other than those specified herein, nor relieve the permittee from complying with any applicable local government, state, or federal law, rule, or ordinance. 6. With advance notice to the Permittee, District staff with proper identification shall have permission to enter, inspect, observe, collect samples, and take measurements of permitted facilities to determine compliance with the permit conditions and permitted plans and specifications. The Permittee shall either accompany District staff onto the property or make provision for access onto the property. 7. A. The Permittee may seek modification of any term of an unexpired permit. The Permittee is advised that Section 373.239, F.S., and Rule 40E-2.331, F.A.C., are applicable to permit modifications. B. The Permittee shall notify the District in writing 30 days prior to any changes to the project that Page 5of7 Application Number: 160503-17 16A3 could potentially alter the reasonable demand reflected in the permitted allocation. Such changes include, but are not limited to, change in irrigated acreage, crop type, irrigation system, large users agreements, or water treatment method. Permittee will be required to apply for a modification of the permit for any changes in permitted allocation. 8. If any condition of the permit is violated, the permit shall be subject to review and modification, enforcement action, or revocation pursuant to Chapter 373, F.S. 9. The Permittee shall mitigate interference with existing legal uses that was caused in whole or in part by the Permittee's withdrawals, consistent with the approved mitigation plan. As necessary to offset the interference, mitigation will include pumpage reduction, replacement of the impacted individual's equipment, relocation of wells, change in withdrawal source, or other means. Interference to an existing legal use is defined as an impact that occurs under hydrologic conditions equal to or less severe than a 1-in-10 year drought event that results in the: A. Inability to withdraw water consistent with provisions of the permit, such as when remedial structural or operational actions not materially authorized by existing permits must be taken to address the interference; or B. Change in the quality of water pursuant to primary State Drinking Water Standards to the extent that the water can no longer be used for its authorized purpose, or such change is imminent. 10. The Permittee shall mitigate harm to the natural resources caused by the Permittee's withdrawals, as determined through reference to the conditions for permit issuance. When harm occurs, or is imminent, the District will require the Permittee to modify withdrawal rates or mitigate the harm. Harm, as determined through reference to the conditions for permit issuance includes: A. Reduction in ground or surface water levels that results in harmful lateral movement of the fresh water/salt water interface, B. Reduction in water levels that harm the hydroperiod of wetlands, C. Significant reduction in water levels or hydroperiod in a naturally occurring water body such as a lake or pond, D. Harmful movement of contaminants in violation of state water quality standards, or E. Harm to the natural system including damage to habitat for rare or endangered species. 11. The Permittee shall mitigate harm to existing off-site land uses caused by the Permittee's withdrawals, as determined through reference to the conditions for permit issuance. When harm occurs, or is imminent, the District will require the Permittee to modify withdrawal rates or mitigate the harm. Harm as determined through reference to the conditions for permit issuance, includes: Page 6 of 7 Application Number: 160503-17 16A3 A. Significant reduction in water levels on the property to the extent that the designed function of the water body and related surface water management improvements are damaged, not including aesthetic values. The designed function of a water body is identified in the original permit or other governmental authorization issued for the construction of the water body. In cases where a permit was not required, the designed function shall be determined based on the purpose for the original construction of the water body (e.g. fill for construction, mining, drainage canal, etc.) B. Damage to agriculture, including damage resulting from reduction in soil moisture resulting from consumptive use; or, C. Land collapse or subsidence caused by reduction in water levels associated with consumptive use. Page 7 of 7 Application Number: 160503-17 16 A3 NOTICE OF RIGHTS As required by Sections 120.569 and 120.60(3), Fla. Stat., the following is notice of the opportunities which may be available for administrative hearing or judicial review when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Not all of the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights. RIGHT TO REQUEST ADMINISTRATIVE HEARING A person whose substantial interests are or may be affected by the South Florida Water Management District's (SFWMD or District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569 and 120.57, Fla. Stat. Persons seeking a hearing on a SFWMD decision which affects or may affect their substantial interests shall file a petition for hearing with the Office of the District Clerk of the SFWMD, in accordance with the filing instructions set forth herein, within 21 days of receipt of written notice of the decision, unless one of the following shorter time periods apply: (1) within 14 days of the notice of consolidated intent to grant or deny concurrently reviewed applications for environmental resource permits and use of sovereign submerged lands pursuant to Section 373.427, Fla. Stat.; or (2) within 14 days of service of an Administrative Order pursuant to Section 373.119(1), Fla. Stat. "Receipt of written notice of agency decision" means receipt of written notice through mail, electronic mail, or posting that the SFWMD has or intends to take final agency action, or publication of notice that the SFWMD has or intends to take final agency action. Any person who receives written notice of a SFWMD decision and fails to file a written request for hearing within the timeframe described above waives the right to request a hearing on that decision. If the District takes final agency action which materially differs from the noticed intended agency decision, persons who may be substantially affected shall, unless otherwise provided by law, have an additional Rule 28-106.111, Fla. Admin. Code, point of entry. Any person to whom an emergency order is directed pursuant to Section 373.119(2), Fla. Stat., shall comply therewith immediately, but on petition to the board shall be afforded a hearing as soon as possible. A person may file a request for an extension of time for filing a petition. The SFWMD may, for good cause, grant the request. Requests for extension of time must be filed with the SFWMD prior to the deadline for filing a petition for hearing. Such requests for extension shall contain a certificate that the moving party has consulted with all other parties concerning the extension and that the SFWMD and any other parties agree to or oppose the extension. A timely request for an extension of time shall toll the running of the time period for filing a petition until the request is acted upon. FILING INSTRUCTIONS A petition for administrative hearing must be filed with the Office of the District Clerk of the SFWMD. Filings with the Office of the District Clerk may be made by mail, hand-delivery, or e-mail. Filings by facsimile will not be accepted. A petition for administrative hearing or other document is deemed filed upon receipt during normal business hours by the Office of the District Clerk at SFWMD headquarters in West Palm Beach, Florida. The District's normal business hours are 8:00 a.m. — 5:00 p.m., excluding weekends and District holidays. Any document received by the Office of the District Clerk after 5:00 p.m. shall be deemed filed as of 8:00 a.m. on the next regular business day. Additional filing instructions are as follows: • Filings by mail must be addressed to the Office of the District Clerk, 3301 Gun Club Road, West Palm Beach, Florida 33406. Rev 11/08/16 1 16A3 • Filings by hand-delivery must be delivered to the Office of the District Clerk. Delivery of a petition to the SFWMD's security desk does not constitute filing. It will be necessary to request that the SFWMD's security officer contact the Office of the District Clerk. An employee of the SFWMD's Clerk's office will receive and file the petition. • Filings by e-mail must be transmitted to the Office of the District Clerk at clerksfwmd.qov. The filing date for a document transmitted by electronic mail shall be the date the Office of the District Clerk receives the complete document. A party who files a document by e-mail shall (1) represent that the original physically signed document will be retained by that party for the duration of the proceeding and of any subsequent appeal or subsequent proceeding in that cause and that the party shall produce it upon the request of other parties; and (2) be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be properly filed. INITIATION OF AN ADMINISTRATIVE HEARING Pursuant to Sections 120.54(5)(b)4. and 120.569(2)(c), Fla, Stat., and Rules 28-106.201 and 28-106.301, Fla. Admin. Code, initiation of an administrative hearing shall be made by written petition to the SFWMD in legible form and on 81/2 by 11 inch white paper. All petitions shall contain: 1. Identification of the action being contested, including the permit number, application number, SFWMD file number or any other SFWMD identification number, if known. 2. The name, address, any email address, any facsimile number, and telephone number of the petitioner and petitioner's representative, if any. 3. An explanation of how the petitioner's substantial interests will be affected by the agency determination. 4. A statement of when and how the petitioner received notice of the SFWMD's decision. 5. A statement of all disputed issues of material fact. If there are none, the petition must so indicate. 6. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the SFWMD's proposed action. 7. A statement of the specific rules or statutes the petitioner contends require reversal or modification of the SFWMD's proposed action. 8. If disputed issues of material fact exist, the statement must also include an explanation of how the alleged facts relate to the specific rules or statutes. 9. A statement of the relief sought by the petitioner, stating precisely the action the petitioner wishes the SFWMD to take with respect to the SFWMD's proposed action. MEDIATION The procedures for pursuing mediation are set forth in Section 120.573, Fla. Stat., and Rules 28-106.111 and 28-106.401—.405, Fla. Admin. Code. The SFWMD is not proposing mediation for this agency action under Section 120.573, Fla. Stat., at this time. RIGHT TO SEEK JUDICIAL REVIEW Pursuant to Section 120.68, Fla. Stat., and in accordance with Florida Rule of Appellate Procedure 9.110, a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal with the Office of the District Clerk of the SFWMD in accordance with the filing instructions set forth herein within 30 days of rendition of the order to be reviewed, and by filing a copy of the notice with the clerk of the appropriate district court of appeal. Rev. 11/08/16 j Last Date for Agency Action: June 1, 2017 16 A 3 WATER USE STAFF REPORT Application Number: 160503-17 Permit Number: 11-02604-W Project Name: VINCENT ACRES Water Use Permit Status: PROPOSED Location: COLLIER COUNTY, S3/T50S/R26E Applicant's Name and HABITAT FOR HUMANITY OF COLLIER COUNTY INC Address: 11145 TAMIAMI TRAIL EAST NAPLES, FL 34113 Water Use Classification: Landscape Total Serviced Acreage: 7.28 ( 7.28 acres of turf) Sources: Groundwater from: Lower Tamiami Aquifer Surface Water from: On-site Lake(s) / Pond(s) Authorized Allocation: Annual Allocation: 10.26 Million Gallons (MG) Maximum Monthly Allocation: 1.26 Million Gallons (MG) Proposed Withdrawal Facilities - Groundwater Source: Lower Tamiami Aquifer 1 - 8" X 75' X 150 GPM Well Cased to 55 Feet Proposed Withdrawal Facilities - Surface Water Source: On-site Lake(s) / Pond(s) 1 - 6" X 15 HP X 350 GPM Submersible Pump Rated Capacity Source Status Code GPM MGM MGY Lower Tamiami Aquifer P 150 6.6 79 On-site Lake(s) / Pond(s) P 350 15.3 184 Totals: 500 21.9 263 PURPOSE The purpose of this application is to obtain a Water Use Permit for landscape irrigation Page 1 of 9 Application Number: 160503-17 16A3 PURPOSE (CONTINUED) of 7.28 acres of turf using a sprinkler irrigation system. Withdrawals are from the from the on-site lake via one proposed withdrawal facility with groundwater recharge from the Lower Tamiami aquifer via one proposed withdrawal facility. PROJECT DESCRIPTION Vincent Acres (Project) is a new 16.8 acre residential community that is proposing to irrigate 7.69 acres of turf using a sprinkler irrigation system. The Project site is located on the south of Davis Blvd (SR84) east of Market St. in Collier County as shown in Exhibits 1 and 2. There is one surface water pump withdrawing water from the on-site lakes and one recharge facility withdrawing from the Lower Tamiami aquifer. The facility locations are shown on Exhibit 3 and specifications of the wells and pumps are provided in Exhibits 4 and 5, respectively. Prior to drilling the proposed well, it will be necessary for you to obtain a well construction permit from Collier County. The Permittee primarily withdraws water from the on-site lake for irrigation. Groundwater is used to replace surface water in the lake on a 1:1 basis, each month. The amount of groundwater used to replace water in the lake shall not exceed the amount of surface water used for irrigation. The use of groundwater is only to replace water used for irrigation from the lakes and not for the maintenance of lake levels. The permit does not qualify for a notice general permit since the average allocation is greater than 10,000 gallons per day from the Lower Tamiami aquifer in the designated threshold area. Since the withdrawals are from a source of limited availability pursuant to Subsection 1.5.2.B of the Applicant's Handbook for Water Use Permit Applications within the South Florida Water Management District, the water use permit duration shall be for five years from the date of permit issuance. ENVIRONMENTAL RESOURCE PERMIT STATUS: MODIFICATION TO PERMIT 11-01140-S, PROPOSED CONCURRENTLY WITH APPLICATION NO. 160105-6. RIGHT OF WAY PERMIT STATUS: Not Applicable Page 2 of 9 Application Number: 160503-17 16 A3 RECOMMENDATIONS Project Name: VINCENT ACRES Application Number: 160503-17 Permit Number: 11-02604-W RECOMMENDATION Authorizing: The use of surface water from the on-site lakes with groundwater recharge from the Lower Tamiami aquifer for landscape irrigation of 7.28 acres of turf using a sprinkler irrigation system with an annual allocation of 10.26 million gallons. STAFF EVALUATION REVIEWER: SUPERVISOR: I , / 7:4 Hope Ann Barton, P.G., WU Simon Sunderland, P.G., WU Page 3 of 9 Application Number: 160503-17 SPECIAL PERMIT CONDITIONS 16 A 3 1. This permit is issued to: Habitat for Humanity of Collier County, Inc 11145 Tamiami Trail East Naples, FL 34113 2. This permit shall expire on March 8, 2022. 3. Use classification is: Landscape Irrigation 4. Source classification is: Groundwater from: Lower Tamiami Aquifer Surface Water from: On-site Lake(s) / Pond(s) 5. Allocation: Total annual allocation is 10.26 million gallons (MG). (28,110 GPD) Total maximum monthly allocation is 1.26 million gallons (MG). These allocations represent the amount of water required to meet the water demands as a result of a rainfall deficit during a drought with the probability of recurring one year in ten. The Permittee shall not exceed these allocations in hydrologic conditions less than a 1-in-10 year drought event. Compliance with the annual allocation is based on the quantity withdrawn over a 12-month time period. Compliance with the maximum monthly allocation is based on the greatest quantity withdrawn in any single month. The annual allocation expressed in GPD or MGD is for informational purposes only. If the rainfall deficit is more severe than that expected to recur once every ten years, the withdrawals shall not exceed that amount necessary to continue to meet the reasonable-beneficial demands under such conditions, provided no harm to the water resources occur and: 1. All other conditions of the permit are met; and 2. The withdrawal is otherwise consistent with applicable declared Water Shortage Orders in effect pursuant to Chapter 40E-21, F.A.C. Page 4 of 9 Application Number: 160503-17 16A3 SPECIAL PERMIT CONDITIONS 6. Withdrawal facilities: Groundwater- Proposed: 1 - 8" X 75' X 150 GPM Well Cased To 55 Feet Surface Water - Proposed: 1 - 6" x 15 HP X 350 GPM Submersible Pump 7. The Permittee shall submit all data as required by the implementation schedule for each of the permit conditions to: SFWMD at www.sfwmd.gov/ePermitting, or Regulatory Support, 3301 Gun Club Road, West Palm Beach, FL 33406. 8. The Permittee must submit the appropriate application form incorporated by reference in Rule 40E-2.101, F.A.C., to the District prior to the permit expiration date in order to continue the use of water. 9. The Permittee shall secure a well construction permit prior to construction, repair, or abandonment of all wells, as described in Chapter 40E-3, F.A.C. 10. If at any time there is an indication that the well casing, valves, or controls leak or have become inoperative, repairs or replacement shall be made to restore the system to an operating condition. Failure to make such repairs shall be cause for filling and abandoning the well, in accordance with procedures outlined in Chapter 40E-3, F.A.C. 11. The Permittee shall submit to the District an updated "Summary of Groundwater (Well) Facilities" table ("Section IV - Sources of Water", Water Use Permit Application Form 1379) within 90 days of completion of the proposed wells identifying the actual total and cased depths, pump manufacturer and model numbers, pump types, intake depths and type of meters. 12. Landscape irrigation shall be restricted to the hours and days described in Rule 40E- 24.201, F.A.C., or alternative landscape irrigation conservation measures adopted by local government ordinance in accordance with Rule 40E-24.301, F.A.C. 13. The Permittee shall submit to the District an updated "Summary of Surface Water (Pump) Facilities" table ("Section IV - Sources of Water", Water Use Permit Application Form 1379) within 90 days of installation of the proposed pumps identifying the surface water source, local drainage district (if applicable), pump type, diameter, capacity and horsepower, intake elevation (feet, NGVD), and water use accounting method. Page 5 of 9 Application Number: 160503-17 16A3 SPECIAL PERMIT CONDITIONS 14. If reclaimed water becomes available prior to the expiration date of this permit, the Permittee shall apply for a modification of the water use permit to reflect that portion of the allocation which is to be provided for by reclaimed water. The permittee is required to request a permit modification when an agreement has been executed between both parties, the transmission lines are constructed to the project site, and the necessary on-site modifications and authorizations are obtained. 15. The amount of water used for irrigation replacement/recharge shall not exceed the amount of water withdrawn from the surface water sources(s) on a monthly basis (for example, there cannot be more water put into the lake than is pumped out of the lake). The replacement/recharge of groundwater into surface water is for water quality treatment or supplementation and not the artificial maintenance of lake levels. 16. This permit is issued concurrently with the required construction permit for an environmental resource system (ERP). No use of water shall commence until final action has been taken on the concurrent ERP application. Should the ERP for this project not be obtained, or obtained and subsequently revoked or otherwise modified, this permit shall be subject to review and modification, enforcement action, or revocation pursuant to Chapter 373, F.S., in accordance with Standard Permit Condition 8. Page 6 of 9 Application Number: 160503-17 16A3 STANDARD PERMIT CONDITIONS 1. All water uses authorized by this permit shall be implemented as conditioned by this permit, including any documents incorporated by reference in a permit condition. The District may revoke this permit, in whole or in part, or take enforcement action, pursuant to Section 373.136 or 373.243, F.S., unless a permit modification has been obtained to address the noncompliance. The Permittee shall immediately notify the District in writing of any previously submitted material information that is later discovered to be inaccurate. 2. The Permittee is advised that this permit does not relieve any person from the requirement to obtain all necessary federal, state, local and special district authorizations. 3. The Permittee shall notify the District in writing within 30 days of any sale, transfer, or conveyance of ownership or any other loss of permitted legal control of the Project and/or related facilities from which the permitted consumptive use is made. Where Permittee's control of the land subject to the permit was demonstrated through a lease, the Permittee must either submit a new or modified lease showing that it continues to have legal control or documentation showing a transfer in control of the permitted system/project to the new landowner or new lessee. All transfers of ownership are subject to the requirements of Rule 40E-1.6107, F.A.C. Alternatively, the Permittee may surrender the consumptive use permit to the District, thereby relinquishing the right to conduct any activities under the permit. 4. Nothing in this permit should be construed to limit the authority of the District to declare a water shortage and issue orders pursuant to Chapter 373, F.S. In the event of a declared water shortage, the Permittee must adhere to the water shortage restrictions, as specified by the District. The Permittee is advised that during a water shortage, reports shall be submitted as required by District rule or order. The Permittee is advised that during a water shortage, pumpage, water levels, and water quality data shall be collected and submitted as required by District orders issued pursuant to Chapter 40E-21, F.A.C. 5. This permit does not convey to the Permittee any property rights or privileges other than those specified herein, nor relieve the permittee from complying with any applicable local government, state, or federal law, rule, or ordinance. 6. With advance notice to the Permittee, District staff with proper identification shall have permission to enter, inspect, observe, collect samples, and take measurements of permitted facilities to determine compliance with the permit conditions and permitted plans and specifications. The Permittee shall either accompany District staff onto the property or make provision for access onto the property. Page 7 of 9 Application Number: 160503-17 1 6 A 3 7. A. The Permittee may seek modification of any term of an unexpired permit. The Permittee is advised that Section 373.239, F.S., and Rule 40E-2.331, F.A.C., are applicable to permit modifications. B. The Permittee shall notify the District in writing 30 days prior to any changes to the project that could potentially alter the reasonable demand reflected in the permitted allocation. Such changes include, but are not limited to, change in irrigated acreage, crop type, irrigation system, large users agreements, or water treatment method. Permittee will be required to apply for a modification of the permit for any changes in permitted allocation. 8. If any condition of the permit is violated, the permit shall be subject to review and modification, enforcement action, or revocation pursuant to Chapter 373, F.S. 9. The Permittee shall mitigate interference with existing legal uses that was caused in whole or in part by the Permittee's withdrawals, consistent with the approved mitigation plan. As necessary to offset the interference, mitigation will include pumpage reduction, replacement of the impacted individual's equipment, relocation of wells, change in withdrawal source, or other means. Interference to an existing legal use is defined as an impact that occurs under hydrologic conditions equal to or less severe than a 1-in-10 year drought event that results in the: A. Inability to withdraw water consistent with provisions of the permit, such as when remedial structural or operational actions not materially authorized by existing permits must be taken to address the interference; or B. Change in the quality of water pursuant to primary State Drinking Water Standards to the extent that the water can no longer be used for its authorized purpose, or such change is imminent. 10. The Permittee shall mitigate harm to the natural resources caused by the Permittee's withdrawals, as determined through reference to the conditions for permit issuance. When harm occurs, or is imminent, the District will require the Permittee to modify withdrawal rates or mitigate the harm. Harm, as determined through reference to the conditions for permit issuance includes: A. Reduction in ground or surface water levels that results in harmful lateral movement of the fresh water/salt water interface, B. Reduction in water levels that harm the hydroperiod of wetlands, C. Significant reduction in water levels or hydroperiod in a naturally occurring water body such as a lake or pond, Page 8 of 9 Application Number: 160503-17 16A3 D. Harmful movement of contaminants in violation of state water quality standards, or E. Harm to the natural system including damage to habitat for rare or endangered species. 11. The Permittee shall mitigate harm to existing off-site land uses caused by the Permittee's withdrawals, as determined through reference to the conditions for permit issuance. When harm occurs, or is imminent, the District will require the Permittee to modify withdrawal rates or mitigate the harm. Harm as determined through reference to the conditions for permit issuance, includes: A. Significant reduction in water levels on the property to the extent that the designed function of the water body and related surface water management improvements are damaged, not including aesthetic values. The designed function of a water body is identified in the original permit or other governmental authorization issued for the construction of the water body. In cases where a permit was not required, the designed function shall be determined based on the purpose for the original construction of the water body (e.g. fill for construction, mining, drainage canal, etc.) B. Damage to agriculture, including damage resulting from reduction in soil moisture resulting from consumptive use; or, C. Land collapse or subsidence caused by reduction in water levels associated with consumptive use. Page 9 of 9 Application Number: 160503-17 16A3 R25 R26 R27 R28 R29 R30 R31 R32 R33 R34 T46 111 11111 ' I fr T 50 160503-17 ' I T51 � .i Aim, .it T52 L . 1111.14/ . T53 COLLIER COUNTY, FLORIDA t RIM.Lower_Tamiami A Application No: 160503-17 Map Date: 2016-08-22 Permit No: 11-02604-W Sec 3/Twp 50 / Rge 26 Project Name: VINCENT ACRES 0 0 10 20 Miles Exhibit No: 1 _ 16A3 » �. , + . ' t' �": �'� g BEDZEL CIR r. 01 ; .-7 ,0gyp Q .4„.., 4. #,•cc as ,j.... ,.,vmr:' �'^! .per a mss,,_4'a` rfr J f ' ' 3 xo/r„. t ,� 4zo " -' • 4SARECIN®CIR x, p t. - el.—"'"' . -a 't 1. ,,....,,,,p.‘,.;.- Z 7.t� '"t-' :..,..i.' ,i. CL .Q 4 L g �. �,�-+"'t r" �, ��` ,f S` .' 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Recorded Deed "1111111111111•11111111111Sec 3/Twp 50 / Rge 26 Application No: 160503-17 • "1.1.11111.11111111 Project Name: VINCENT ACRES Map Date: 2016-08-22 .. - 7,1141111111111111 Permit No: 11-02604-W . 0 450 900 Feet Exhibit No: 2 1 6 A 3 r KEY SWP-1E = PROPOSED SURFACE WATER PUMP STATION UAV1s BLVD PW-1 4-- PROPOSED PRODUCTION WELL APPROXIMATE / LAKE PROJECT BOUNDARY SWP-1 PW-1 :\ j \ I ' ' i i I i II � i j I I� ,,,J ,: , . 1 ti, i I I II I I i t , ,, i ,,,,, ,„:__________,__, (c_ N 0 75 150 AAPPROXIMATE SCALE N FEET PROJECT NAME: VINCENT ACRES COA 30437 Water Science PROJECT NUMBER: 3216-01 DATE: DECEMBER 2016 _.__. .w.. _____.__- -___ / FIGURE 3R. MAP SHOWING PERTINENT FEATURES OF THE PROJECT SITE App. No.160503-17 EXHIBIT 3 1 6 A 3 vi Cn CD d E o ns c cc To m c E ca M N w N N N O V O 3 > > In 1n 7 N W N (N `D O 7 W a s a co r.- an a 0 w v co 1— a =re _i Q d .0 o ayi = •° v Z c d Z m c ^ m m c t m A E ° d w LL _'m o ° 2 >, C c 7 o 5 w a>i c a, W > N as v t rn H t- +' co Z a a ° 0 a a m C c m U E a a> w •a c7 A = o �+ v, V y G V Or N 0 O a> v i_ c Z m V 'C -� c0i W Z 0 y .Q a7 0 3 LL Z. d a a a d •d a 9_ '- 7 d d o co w ' — E a .; 3 w •L) o f E E m ar E ce C o m m ar 7 Q. N iv a7 J N X d O la of V LL F 7 7 7 Y. LL 7 N - CO LL LL u N a3 0' Q H 2 LL 3 w 3 L) LL u) a a s a >- a a = 3 a Page 1 of 1 Exhibit No: 4 16A3 u, E oa L w i+ CD M W d 1 W t 4 N 6- c 0 C) N I a) 0 a) a) ti -p LU Y i C J M c') , a) W V'in N O0 CD Nin > CO N a . . to o W 1° — Wv) a u) co — z o Et t to f°- a - O a° aa)) Ci a L o V E L v°') �+ 3 C9 L m .. z R 3 a a E Z ° 2 > C) C C 0 o Ca C Al en a co t rn ~ co 7. CI •Cr)• 0 a '- iv 0 >, C 0 N t w H CD a) >, E H °) v I `v 0 ` a) to 0 C :° n a) u a w C m a C. � as as ` - - o 0 a) as a E E a 'u '� E is E E c a>) C o a a) c) a) a `t a. a fa wa. o a.. a I- w a wLLLL < m N Exhibit No: Page 1 of 1 `5 Page 1 Calculations Of Irrigation Requirements 3 APPLICATION NUMBER: 160503-17 16 A RAINFALL STATION: Naples CROP: Turf IRRIGATION SYSTEM: Sprinkler SOIL TYPE: 0.4 PARCEL ACREAGE: 7.28 PARCEL NAME:Vincent Acres LAND USE: Landscape IRR. MULTIPLIER: 1.3 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL MEAN RAINFALL 1.88 1.93 0.96 2.05 4.42 8.17 8.36 8.18 8.69 4.09 1.56 1.32 51.61 EVAPOTRANSPIRATION 1.93 2.21 3.76 5.09 6.66 7.44 7.88 7.51 6.47 5.00 3.22 2.26 59.43 AVG. EFFECTIVE RAIN 0.77 0.80 0.45 0.99 2.14 3.78 3.95 3.79 3.77 1.82 0.70 0.56 23.52 DROUGHT RAINFALI 0.64 0.66 0.37 0.82 1.77 3.13 3.28 3.15 3.13 1.51 0.58 0.47 19.51 AVERAGE IRRIGATION 1.16 1.41 3.31 4.10 4.52 3.66 3.93 3.72 2.70 3.18 2.52 1.70 35.91 DROUGHT IRRIGATION 1.29 1.55 3.39 4.27 4.89 4.31 4.60 4.36 3.34 3.49 2.64 1.79 39.92 ANNUAL SUPPLEMENTAL CROP REQUIREMENT: 39.92 INCHES ANNUAL SUPPLEMENTAL CROP WATER USE: 39.92 IN X 7.28 AC X 1.3 X 0.02715 MG/AC-IN = 10.26MG MAXIMUM MONTHLY SUPPLEMENTAL CROP REQUIREMENT: 4.89 INCHES MAXIMUM MONTHLY SUPPLEMENTAL CROP WATER USE: 4.89 IN X 7.28 AC X 1.3 X 0.02715 MG/AC-IN = 1.26 MG TOTAL ANNUAL DEMAND: 10.26 MG TOTAL MAXIMUM MONTHLY DEMAND: 1.26 MG Page 1 of 1 Exhibit No: 6 STAFF REPORT DISTRIBUTION LIST 16A3 ADDRESSES Habitat For Humanity Of Collier County Inc Water Science Associates 11145 Tamiami Trail East 13620 Metropolis Ave Naples FL 34113 Suite 110 michaelj@wsaconsult.com Fort Myers FL 33912 brian@wsaconsult.com Engineer, City of Naples 295 Riverside Circle Naples Naples FL 34102 gstrakaluse@naplesgov.com, aholland@naplesgov.com Application No:160503-17 Exhibit No:7 16A3 SOUTH FLORIDA WATER MANAGEMENT DISTRICT 1 ENVIRONMENTAL RESOURCE PERMIT NO. 11-03890-P *le DATE ISSUED: APRIL 4, 2017 PERMITTEE: HABITAT FOR HUMANITY OF COLLIER COUNTY INC (VINCENT ACRES) 11145 TAMIAMI TRAIL EAST NAPLES, FL 34113 PROJECT DESCRIPTION CONSTRUCTION AND OPERATION OF A STORMWATER MANAGEMENT SYSTEM SERVING 16.80 ACRES OF RESIDENTIAL DEVELOPMENT FOR A PROJECT KNOWN AS VINCENT ACRES. PROJECT LOCATION: COLLIER COUNTY , SECTION 3 TWP 50S RGE 26E PERMIT DURATION: See Special Condition No:1. This is to notify you of the District's agency action concerning Permit Application No. 160105-6,dated January 5, 2016. This action is taken pursuant to the provisions of Chapter 373, Part IV, Florida Statutes(F.S.). Based on the information provided, District rules have been adhered to and an Environmental Resource Permit is in effect for this project subject to: 1. Not receiving a filed request for an administrative hearing pursuant to Section 120.57 and Section 120.569,or a request for a judicial review pursuant to Section 120.68, Florida Statutes. 2. The attached 18 General Conditions. 3. The attached 19 Special Conditions. 4. The attached 3 Exhibits. Should you object to these conditions, please refer to the attached "Notice of Rights"which addresses the procedures to be followed if you desire a public hearing or other review of the proposed agency action. Should you wish to object to the proposed agency action or file a petition, please provide written objections, petitions and/or waivers to: Office of the District Clerk South Florida Water Management District 3301 Gun Club Road West Palm Beach, FL 33406 e-mail: clerk@sfwmd.gov Please contact this office if you have any questions concerning this matter. If we do not hear from you in accordance with the "Notice of Rights",we will assume that you concur with the District's action. CERTIFICATION OF SERVICE I HEREBY CERTIFY THAT this written notice has been mailed or electronically submitted to the Permittee(and the persons listed on the attached distribution list)this 5th day of April,2017, in accordance with Section 120.60(3), F.S. Notice was also electronically posted on this date through a link on the home page of the District's website(my.sfwmd.gov/ePermitting). By SOUTH FLO IDA W ANAGEMENT DISTRICT Attachments PAGE 1 OF 6 1643 PERMIT NO: 11-03890-P PAGE 2 OF 6 SPECIAL CONDITIONS 1. The construction phase of this permit shall expire on April 4, 2022. 2. Operation and maintenance of the stormwater management system shall be the responsibility of the homeowner's association. Within one year of permit issuance or concurrent with the engineering certification of construction completion, whichever comes first, the permittee shall submit a copy of the recorded deed restrictions (or declaration of condominium, if applicable), a copy of the filed articles of incorporation, and a copy of the certificate of incorporation for the association. 3. Discharge Facilities: Structure: CS-1 (Discharge Structure) 1 - 10.25"W X 5.00" H RECTANGULAR weir with crest at elev. 10.21' NAVD 88. 1 - 3.00"dia. CIRCULAR ORIFICE with invert at elev. 9.50' NAVD 88. 24 LF of 24"dia. REINFORCED CONCRETE PIPE culvert. 1 - 36"W X 54" L Mod. FDOT Type "E"drop inlet with crest at elev. 12.25' NAVD 88. Receiving body : CEDAR HAMMOCK PRESERVE WSWT Control elev : 9.50 feet NAVD 88. Structure: STR 1-9 (Pre-Treatment Water Quality Structure) 56 LF of 24"dia. REINFORCED CONCRETE PIPE culvert. 1 - 37"W X 24" L Mod. FDOT Type "C"drop inlet with crest at elev. 11.20' NAVD 88. Receiving body : ONSITE LAKE WSWT Control elev : 9.50 feet NAVD 88. Structure: STR 2-10 (Pre-Treatment Water Quality Structure) 47 LF of 30"dia. REINFORCED CONCRETE PIPE culvert. 1 - 36"W X 49" L Mod. FDOT Type "D"drop inlet with crest at elev. 11.20' NAVD 88. Receiving body : ONSITE LAKE WSWT Control elev : 9.50 feet NAVD 88. 4. A stable, permanent and accessible elevation reference shall be established on or within one hundred (100) feet of all permitted discharge structures no later than the submission of the certification report. The location of the elevation reference must be noted on or with the certification report. 5. Lake side slopes shall be no steeper than 4:1 (horizontal:vertical) to a depth of two feet below the control elevation. Side slopes shall be nurtured or planted from 2 feet below to 1 foot above control elevation to insure vegetative growth, unless shown on the plans. 6. Prior to initiating construction activities associated with this Environmental Resource Permit (ERP), the permittee is required to hold a pre-construction meeting with field representatives, consultants, contractors, District Environmental Resource Compliance (ERC)staff, and any other local government entities as necessary. The purpose of the pre-construction meeting is to discuss construction methods, sequencing, best management practices, identify work areas, staking and roping of preserves where applicable, and to facilitate coordination and assistance amongst relevant parties. To schedule a pre-construction meeting, please contact ERC staff from the Lower West Coast Service Center at (239) 338-2929 or via e-mail at: pre-con@sfwmd.gov. When sending a request for a pre-construction meeting, please include the application number, permit number, and contact name and phone number. 16A3 PERMIT NO: 11-03890-P PAGE 3 OF 6 7. Minimum building floor elevation: 12.45 feet NAVD 88. 8. Minimum road crown elevation: 11.83 feet NAVD 88. 9. Minimum parking lot elevation: 11.56 feet NAVD 88. 10. The permittee shall utilize the criteria contained in the Construction Pollution Prevention Plan (Exhibit 2.1) and on the applicable approved construction drawings for the duration of the project's construction activities. 11. The Urban Stormwater Management Plan shall be implemented in accordance with Exhibit 2.2. 12. Endangered species, threatened species and/or species of special concern have been observed onsite and/or the project contains suitable habitat for these species. It shall be the permittee's responsibility to coordinate with the Florida Fish and Wildlife Conservation Commission and/or the U.S. Fish and Wildlife Service for appropriate guidance, recommendations and/or necessary permits to avoid impacts to listed species. 13. The permittee shall comply with the provisions of the Big Cypress fox squirrel habitat management plan approved for the project site in accordance with Exhibit No. 3.3. Prior to initiating construction activities, the site shall be surveyed for the presence of active Big Cypress fox squirrel nests. A 125 foot radius undisturbed buffer must be maintained around all active nests. Following nesting activities, the nesting tree may be removed following coordination with the Florida Fish and Wildlife Conservation Commission and obtaining all required permits. Any modifications to this program requires prior written approval from District staff. 14. Prior to commencement of construction and in accordance with the work schedule in Exhibit No. 3.4, the permittee shall submit documentation that 12.60 freshwater forested UMAM credits have been deducted from the official agency ledger for Panther Island Mitigation Bank. 15. The District reserves the right to require remedial measures to be taken by the permittee if monitoring or other information demonstrates that adverse impacts to onsite or offsite wetlands, upland conservation areas or buffers, or other surface waters have occurred due to project related activities. 16. Activities associated with the implementation of the mitigation, monitoring and maintenance plan(s) shall be completed in accordance with the work schedule attached as Exhibit No. 3.4. Any deviation from these time frames must be coordinated with the District's Environmental Resource Compliance staff, and may require a minor modification to this permit. Such requests must be made in writing and shall include (1) reason for the change, (2) proposed start/finish and/or completion dates; and (3) progress report on the status of the project development or mitigation effort. 17. The backslopes of the berms adjacent to offsite wetlands/conservation areas shall be planted and maintained with native groundcover vegetation such as love grass, fakahatchee grass and/or cordgrass on 3-foot centers. In addtion, these berms shall be maintained free of exotic and nuisance species in perpetuity. 18. The following are exhibits to this permit. Exhibits noted as incorporated by reference are available on the District's ePermitting website (http://my.sfwmd.gov/ePermitting)under this application number. Exhibit 1.0 Location Map Exhibit 2.0 Plans Exhibit 2.1 Construction Pollution Prevention Plan Exhibit 2.2 Urban Stormwater Management Program Exhibit 3.0 Wetland Location Map Exhibit 3.1 Wetland Impact Map Exhibit 3.2 Letter of Reservation Exhibit 3.3 Fox Squirrel Management Plan Exhibit 3.4 Environmental Work Schedule 1643 PERMIT NO: 11-03890-P PAGE 4 OF 6 19. Prior to the commencement of construction, the areas adjacent to offsite conservation areas shall be staked/roped/fenced to prevent encroachment into the protected areas. Using Global Positioning System (GPS) technology, the perimeter of the preserve area(s) shall be identified for future reference. The data shall be differentially corrected and accurate to less than a meter (+/- one meter or better). Electronic copies of the GPS data shall be provided to the District's Environmental Resource Compliance staff in accordance with Exhibit 3.4. The permittee shall notify the District's Environmental Resource Compliance staff in writing upon completion of the staking/roping and schedule an inspection of this work. The staking/roping shall be subject to District staff approval. The permittee shall modify the staking/roping/fencing if District staff determines that it is insufficient or is not in conformance with the intent of this permit. Fencing and other necessary perimeter protection devices shall remain in place until all adjacent construction activities are complete and the areas are sufficiently stabilized. 16A3 PERMIT NO: 11-03890-P PAGE 5 OF 6 GENERAL CONDITIONS 1. All activities shall be implemented following the plans, specifications and performance criteria approved by this permit. Any deviations must be authorized in a permit modification in accordance with Rule 62-330.315, Florida Administrative Code (F.A.C.). Any deviations that are not so authorized shall subject the permittee to enforcement action and revocation of the permit under Chapter 373, F.S. 2. A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with Rule 62-330.090(7), F.A.C. Such notice is not an encumbrance upon the property. 3. Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance-based erosion and sediment control best management practices shall be installed immediately prior to, and be maintained during and after construction as needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be in accordance with the "State of Florida Erosion and Sediment Control Designer and Reviewer Manual" (Florida Department of Environmental Protection and Florida Department of Transportation June 2007), and the "Florida Stormwater Erosion and Sedimentation Control Inspector's Manual" (Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008), unless a project- specific erosion and sediment control plan is approved or other water quality control measures are required as part of the permit. 4. At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the Agency a fully executed Form 62-330.350(1), "Construction Commencement Notice" indicating the expected start and completion dates. If available, an Agency website that fulfills this notification requirement may be used in lieu of the form. 5. Unless the permit is transferred under Rule 62-330.340, F.A.C., or transferred to an operating entity under Rule 62- 330.310, F.A.C., the permittee is liable to comply with the plans, terms and conditions of the permit for the life of the project or activity. 6. Within 30 days after completing construction of the entire project, or any independent portion of the project, the permittee shall provide the following to the Agency, as applicable: a. For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex- "Construction Completion and Inspection Certification for Activities Associated With a Private Single-Family Dwelling Unit"[Form 62- 330.310(3)]; or b. For all other activities- "As-Built Certification and Request for Conversion to Operational Phase" [Form 62- 330.310(1)]. c. If available, an Agency website that fulfills this certification requirement may be used in lieu of the form. 7. If the final operation and maintenance entity is a third party: a. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as- built certification, whichever comes first, the permittee shall submit, as applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.3 of Applicant's Handbook Volume I)as filed with the Department of State, Division of Corporations and a copy of any easement, plat, or deed restriction needed to operate or maintain the project, as recorded with the Clerk of the Court in the County in which the activity is located. b. Within 30 days of submittal of the as- built certification, the permittee shall submit "Request for Transfer of Environmental Resource Permit to the Perpetual Operation Entity" [Form 62-330.310(2)] to transfer the permit to the operation and maintenance entity, along with the documentation requested in the form. If available, an Agency website that fulfills this transfer requirement may be used in lieu of the form. 8. The permittee shall notify the Agency in writing of changes required by any other regulatory agency that require changes to the permitted activity, and any required modification of this permit must be obtained prior to implementing the changes. 9. This permit does not: a. Convey to the permittee any property rights or privileges, or any other rights or privileges other than those specified 16 A3 PERMIT NO: 11-03890-P PAGE 6 OF 6 herein or in Chapter 62-330, F.A.C.; b. Convey to the permittee or create in the permittee any interest in real property; c. Relieve the permittee from the need to obtain and comply with any other required federal, state, and local authorization, law, rule, or ordinance; or d. Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by the permittee. 10. Prior to conducting any activities on state-owned submerged lands or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S. Written authorization that requires formal execution by the Board of Trustees of the Internal Improvement Trust Fund shall not be considered received until it has been fully executed. 11. The permittee shall hold and save the Agency harmless from any and all damages, claims, or liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any project authorized by the permit. 12. The permittee shall notify the Agency in writing: a. Immediately if any previously submitted information is discovered to be inaccurate; and b. Within 30 days of any conveyance or division of ownership or control of the property or the system, other than conveyance via a long-term lease, and the new owner shall request transfer of the permit in accordance with Rule 62- 330.340, F.A.C. This does not apply to the sale of lots or units in residential or commercial subdivisions or condominiums where the stormwater management system has been completed and converted to the operation phase. 13. Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to enter, inspect, sample and test the project or activities to ensure conformity with the plans and specifications authorized in the permit. 14. If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section, at (850) 245-6333 or (800) 847-7278, as well as the appropriate permitting agency office. Such subsurface work shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately and notification shall be provided in accordance with Section 872.05, F.S. 15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under Rule 62-330.201, F.A.C., provides otherwise. 16. The permittee shall provide routine maintenance of all components of the stormwater management system to remove trapped sediments and debris. Removed materials shall be disposed of in a landfill or other uplands in a manner that does not require a permit under Chapter 62-330, F.A.C., or cause violations of state water quality standards. 17. This permit is issued based on the applicant's submitted information that reasonably demonstrates that adverse water resource-related impacts will not be caused by the completed permit activity. If any adverse impacts result, the Agency will require the permittee to eliminate the cause, obtain any necessary permit modification, and take any necessary corrective actions to resolve the adverse impacts. 18. A complete copy of this permit shall be kept at the work site of the permitted activity during the construction phase, and shall be available for review at the work site upon request by the Agency staff. The permittee shall require the contractor to review the complete permit prior to beginning construction. 16A3 NOTICE OF RIGHTS As required by Sections 120.569 and 120.60(3), Fla. Stat., the following is notice of the opportunities which may be available for administrative hearing or judicial review when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Not all of the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights. RIGHT TO REQUEST ADMINISTRATIVE HEARING A person whose substantial interests are or may be affected by the South Florida Water Management District's (SFWMD or District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569 and 120.57, Fla. Stat. Persons seeking a hearing on a SFWMD decision which affects or may affect their substantial interests shall file a petition for hearing with the Office of the District Clerk of the SFWMD, in accordance with the filing instructions set forth herein, within 21 days of receipt of written notice of the decision, unless one of the following shorter time periods apply: (1) within 14 days of the notice of consolidated intent to grant or deny concurrently reviewed applications for environmental resource permits and use of sovereign submerged lands pursuant to Section 373.427, Fla. Stat.; or (2) within 14 days of service of an Administrative Order pursuant to Section 373.119(1), Fla. Stat. "Receipt of written notice of agency decision" means receipt of written notice through mail, electronic mail, or posting that the SFWMD has or intends to take final agency action, or publication of notice that the SFWMD has or intends to take final agency action. Any person who receives written notice of a SFWMD decision and fails to file a written request for hearing within the timeframe described above waives the right to request a hearing on that decision. If the District takes final agency action which materially differs from the noticed intended agency decision, persons who may be substantially affected shall, unless otherwise provided by law, have an additional Rule 28-106.111, Fla. Admin. Code, point of entry. Any person to whom an emergency order is directed pursuant to Section 373.119(2), Fla. Stat., shall comply therewith immediately, but on petition to the board shall be afforded a hearing as soon as possible. A person may file a request for an extension of time for filing a petition. The SFWMD may, for good cause, grant the request. Requests for extension of time must be filed with the SFWMD prior to the deadline for filing a petition for hearing. Such requests for extension shall contain a certificate that the moving party has consulted with all other parties concerning the extension and that the SFWMD and any other parties agree to or oppose the extension. A timely request for an extension of time shall toll the running of the time period for filing a petition until the request is acted upon. FILING INSTRUCTIONS A petition for administrative hearing must be filed with the Office of the District Clerk of the SFWMD. Filings with the Office of the District Clerk may be made by mail, hand-delivery, or e-mail. Filings by facsimile will not be accepted. A petition for administrative hearing or other document is deemed filed upon receipt during normal business hours by the Office of the District Clerk at SFWMD headquarters in West Palm Beach, Florida. The District's normal business hours are 8:00 a.m. — 5:00 p.m., excluding weekends and District holidays. Any document received by the Office of the District Clerk after 5:00 p.m. shall be deemed filed as of 8:00 a.m. on the next regular business day. Additional filing instructions are as follows: • Filings by mail must be addressed to the Office of the District Clerk, 3301 Gun Club Road, West Palm Beach, Florida 33406. Rev 11/08/16 1 1643 • Filings by hand-delivery must be delivered to the Office of the District Clerk, Delivery of a petition to the SFWMD's security desk does not constitute filing. It will be necessary to request that the SFWMD's security officer contact the Office of the District Clerk. An employee of the SFWMD's Clerk's office will receive and file the petition. • Filings by e-mail must be transmitted to the Office of the District Clerk at clerk(a sfwmd.gov. The filing date for a document transmitted by electronic mail shall be the date the Office of the District Clerk receives the complete document. A party who files a document by e-mail shall (1) represent that the original physically signed document will be retained by that party for the duration of the proceeding and of any subsequent appeal or subsequent proceeding in that cause and that the party shall produce it upon the request of other parties; and (2) be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be properly filed. INITIATION OF AN ADMINISTRATIVE HEARING Pursuant to Sections 120.54(5)(b)4. and 120.569(2)(c), Fla. Stat., and Rules 28-106.201 and 28-106.301, Fla. Admin. Code, initiation of an administrative hearing shall be made by written petition to the SFWMD in legible form and on 81/2 by 11 inch white paper, All petitions shall contain: 1. Identification of the action being contested, including the permit number, application number, SFWMD file number or any other SFWMD identification number, if known. 2. The name, address, any email address, any facsimile number, and telephone number of the petitioner and petitioner's representative, if any. 3. An explanation of how the petitioner's substantial interests will be affected by the agency determination. 4. A statement of when and how the petitioner received notice of the SFWMD's decision. 5. A statement of all disputed issues of material fact. If there are none, the petition must so indicate. 6. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the SFWMD's proposed action. 7. A statement of the specific rules or statutes the petitioner contends require reversal or modification of the SFWMD's proposed action. 8. If disputed issues of material fact exist, the statement must also include an explanation of how the alleged facts relate to the specific rules or statutes. 9. A statement of the relief sought by the petitioner, stating precisely the action the petitioner wishes the SFWMD to take with respect to the SFWMD's proposed action. MEDIATION The procedures for pursuing mediation are set forth in Section 120.573, Fla. Stat., and Rules 28-106.111 and 28-106.401—.405, Fla. Admin. Code. The SFWMD is not proposing mediation for this agency action under Section 120.573, Fla. Stat., at this time. RIGHT TO SEEK JUDICIAL REVIEW Pursuant to Section 120.68, Fla. Stat., and in accordance with Florida Rule of Appellate Procedure 9.110, a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal with the Office of the District Clerk of the SFWMD in accordance with the filing instructions set forth herein within 30 days of rendition of the order to be reviewed, and by filing a copy of the notice with the clerk of the appropriate district court of appeal. Rev. 11/08/16 erp_staff_re port.rdf FINAL APPROVED BY 1 6 A 2 EXECUTIVE DIRECTOR 7 APRIL 4, 2017 Last Date For Agency Action: May 2, 2017 INDIVIDUAL ENVIRONMENTAL RESOURCE PERMIT STAFF REPORT Project Name: Vincent Acres Permit No.: 11-03890-P Application No.: 160105-6 Associated File: 160503-17 WU Concurrent 160408-14 ERP Related Application Type:Environmental Resource (New Construction/Operation) Location: Collier County, S3/T50S/R26E Permittee : Habitat For Humanity of Collier County, Inc. Operating Entity : Homeowners Association Project Area: 16.80 acres Permit Area: 16.80 acres Project Land Use: Residential Drainage Basin: WEST COLLIER Sub Basin: LELY MANOR CANAL Receiving Body: CEDAR HAMMOCK PRESERVE Class:CLASS III Special Drainage District: NA Total Acres Wetland Onsite: 12.72 Total Acres Impacted Onsite : 12.72 Offsite Mitigation Credits-Mit.Bank: 12.60 Panther Island Conservation Easement To District : No Sovereign Submerged Lands: No PROJECT SUMMARY: This Environmental Resource Permit authorizes construction and operation of a stormwater management system (SWMS) serving 16.80 acres of residential development for a project known as Vincent Acres. This project is to construct a residential development consisting of 79 single-family units with associated driveways, recreational area, parking, and supporting utilities. Site Development Plans are attached as Exhibit 2.0. Issuance of this permit constitutes certification of compliance with state water quality standards in accordance with Rule 62-330.062 Florida Administrative Code (F.A.C.). App.no. 160105-6 Page 1 of 14 CI p_Sld11_IeptiL.IUI 16A3 PROJECT EVALUATION: PROJECT SITE DESCRIPTION: The site is located on the southwest corner of the intersection of Davis Boulevard and Market Street in Naples, Collier County. A location map is attached as Exhibit 1.0. The proposed project is bordered by Cedar Hammock(Permit No. 11-01683-P)to the West, Davis Boulevard (Permit No. 11-03043-P)to the North, Market Center(Permit No. 11-01909-P)to the East, and a stormwater management lake for Davis Boulevard (11-03043-P)to the South. There are no permitted water management facilities within the project site. The site is currently undeveloped, vacant forested land containing wetlands, uplands and other surface waters (OSW). For information on the wetlands and other surface waters within the project, please refer to the Wetlands and Other Surface Waters section of this staff report. LAND USE: Construction Project: Total Project Building Coverage 1.39 acres Dry Retention Areas .90 acres Lake 2.62 acres Pavement 4.61 acres Pervious 7.28 acres Total: 16.80 WATER QUANTITY : Discharge Rate : As shown in the table below, the project discharge rate is within the allowable limit for developments within the Lely Manor Canal Basin (96 CSM or 0.15 cfs/acre). Discharge Storm Frequency : 25 YEAR-3 DAY Design Rainfall : 11.5 inches Basin Allow Disch Method Of Peak Disch Peak Stage (cfs) Determination (cfs) (ft, NAVD 88) SITE 2.33 Conveyance Limitation 2.33 11.83 Finished Floors : Building Storm Frequency : 100 YEAR-3 DAY Design Rainfall : 14.7 inches Basin Peak Stage Proposed Min. Finished Floors FEMA Elevation (ft, NAVD 88) (ft, NAVD 88) (ft, NAVD 88) SITE 12.45 12.45 11 App.no. : 160105-6 Page 2 of 14 CI ,_Dlgll_I GI.IVI 1.1 UI 16A3 Road Design : Road Storm Frequency: 25 YEAR-3 DAY Design Rainfall: 11.5 inches Basin Peak Stage Proposed Min. Road Crown (ft, NAVD 88) (ft, NAVD 88) I SITE 11.83 11.83 Parking Lot Design : Parking Lot Storm Frequency : 10 YEAR-1 DAY Design Rainfall :7 inches Basin Peak Stage Proposed Min.Parking Elev. (ft, NAVD 88) (ft, NAVD 88) SITE 11.56 11.56 Control Elevation : Basin Area Ctrl Elev WSWT Ctrl Elev Method Of (Acres) (ft, NAVD 88) (ft, NAVD 88) Determination SITE 15.63 9.50 9.50 Wetland Indicator Elevation Receiving Body : Basin Str.# Receiving Body Site CS-1 CEDAR HAMMOCK PRESERVE Site STR 1-9 ONSITE LAKE Site STR 2-10 ONSITE LAKE Discharge Structures: Note: The units for all the elevation values of structures are (ft, NAVD 88) Bleeders: Basin Str# Count Type Width Height Length Dia. Invert Invert Elev. Angle SITE CS-1 1 Circular Orifice 3" 9.50 Culverts: Basin Str# Count Type Width Length Dia. SITE CS-1 1 Reinforced Concrete Pipe 24' 24" Inlets: Basin Str# Count Type Width Length Dia. Crest Elev. SITE CS-1 1 Fdot Mod E Drop Inlet 36" 54" 12.25 Weirs: Basin Str# Count Type Width Height Length Dia. Elev. SITE CS-1 1 Rectangular 10.25" 5" 10.21 (crest) Water Quality Structures: Note: The units for all the elevation values of structures are (ft, NAVD 88) Culverts: Basin Str# Count Type Width Length Dia. SITE STR 1-9 1 Reinforced Concrete Pipe 56' 24" SITE STR 2-10 1 Reinforced Concrete Pipe 47' 30" App.no. . 160105-6 Page 3 of 14 erp_staff_report.rdf 16A3 Water Quality Structures: Inlets: Basin Str# Count Type Width Length Dia. Crest Elev. SITE STR 1-9 1 Fdot Mod C Drop Inlet 37" 24" 11.2 SITE STR 2-10 1 Fdot Mod D Drop Inlet 36" 49" 11.2 WATER QUALITY: Water quality treatment is provided in 0.90 acres of dry retention areas (0.18 acre-feet) and a 2.62-acre wet detention lake (1.95 acre-feet). The required water quality volume for the proposed project is based on one inch of runoff over the 15.63-acre controlled basin. The water quality treatment volume provided includes an additional 50% above the requirements in Section 4.2 of the Environmental Resource Permit Applicant's Handbook Volume II to provide reasonable assurance that the project will not have an adverse impact on the quality of the downstream receiving body. The project includes implementation of a Construction Pollution Prevention Plan (Exhibit 2.1) and an Urban Stormwater Management Program (Exhibit 2.2) as additional reasonable assurance of compliance with water quality criteria during construction and operation. Basin Treatment Method Vol Req.d Vol (ac-ft) Prov'd SITE Treatment Wet Detention 1.95 1.95 SITE Pre-Treatment Dry Retention 0.18 0.18 WETLANDS: Wetlands And Other Surface Waters: The project site contains 12.72 acres of wetlands and 0.07 acres of other surface waters (OSW)totaling 12.79 acres. Please see Exhibit 3.0 for wetland and OSW locations. The wetlands can be generally described as hydric pine wetlands with varying coverages of exotics, including melaleuca and earleaf acacia. Additional wetland descriptions are located in the e-Permitting file. The project will result in direct impacts to all 12.72 acres of wetlands and 0.07 acres of OSW as described in the table below. In addition, 0.15 acres of adjacent offsite wetlands will be secondarily impacted due to insufficient natural upland buffer between the wetlands and the onsite development. Adjacent offsite secondarily impacted wetlands are to the West within the Cedar Hammock conservation area. Exhibit 3.1 identifies the locations of the wetlands and OSW that will be impacted. The backslopes of the berms adjacent to offsite wetlands and preserves will be planted and maintained with native vegetation in keeping with Special Condition 17. The draft Homeowner's Association Documents, located in the e-Permitting file, include information regarding listed species and maintaining the backslopes of the berms with native vegetation. Based on Section 10.2.1.2(b) of the Environmental Resource Permit Applicant's Handbook, Volume I (Volume I), elimination and reduction of wetland impacts is not required when the mitigation provides regional ecological value and greater long-term ecological value than the area of wetland, or other surface water to be adversely affected. To mitigate for the wetland impacts, the applicant will buy 12.6 freshwater forested mitigation bank credits from Panther Island Mitigation Bank, as depicted in Exhibits 3.2 and 3.4. The amount of mitigation was App.no. : 160105-6 Page 4 of 14 erp_szan_repun.rui 16A3 determined by using the Uniform Mitigation Assessment Method in Chapter 62-345, Florida Administrative Code (F.A.C). The final scores can be found in the e-Permitting file. Additional mitigation credits were required in order to meet the reduction and elimination criteria in Section 10.2.1.2, Volume I. All 12.6 credits reserved at the Panther Island Mitigation Bank are required to offset the wetland impacts authorized herein. The proposed mitigation is located within the same basin as the impacts, therefore pursuant to Section 10.2.8 of Volume I, the project will not result in unacceptable cumulative impacts to the West Collier Drainage Basin. Wetland Inventory : CONSTRUCTION NEW -VINCENT ACRES Site Site Id Type Pre-Development Post-Development Pre Pres. Fluc AA Acreage Current With Time Risk Adj. Post Adj Functional cs Type (Acres) Wo Pres Project Lag(Yrs) Factor Factor Fluccs Delta Gain/Loss —------- --------- - 6 OFF 624 Secondary .15 .000 .000 1 ON 625 Direct 7.87 .000 .000 2 ON 625 Direct .87 .000 .000 3 ON 625 Direct .47 .000 .000 4 ON 625 Direct 2.96 .000 .000 5 ON 600 Direct .55 .000 .000 7 ON 742 Direct .07 .000 .000 Total: 12.94 .00 Fluccs Code Description 600 Wetlands 624 Cypress- Pine- Cabbage Palm 625 Hydric Pine Flatwoods 742 Borrow Areas MITBANK PANTHER ISLAND Type Of Credits Number Of Credits Mitigation Bank Cr Used Fresh Water Forested 12.60 Total: 12.60 Fish And Wildlife Issues: The wetlands or other surface waters to be impacted provide habitat for wetland-dependent species including Big Cypress fox squirrels. The proposed mitigation will) provide or improve habitat for wetland- dependent species. No wetland-dependent listed species or species having special protection were App.no. : 160105-6 Page 5 of 14 erp_staff_report.rdf 16A3 observed to be using the uplands within the project site for nesting or denning. A listed species survey was conducted on September 5, 2014. Three Big Cypress fox squirrel nests were observed, however no squirrels were present. A relic red-cockaded woodpecker (RCW) cavity tree was observed within the project site. Since 2005, three sets of 14 day, spring and fall RCW foraging surveys have been conducted, and no RCW's have been detected. Special Conditions No. 12 and 13 address Big Cypress fox squirrels and other listed species. A Big Cypress fox squirrel management plan is attached as Exhibit 3.3. This permit does not relieve the applicant from complying with all applicable rules and any other agencies' requirements if, in the future, endangered/threatened species or species of special concern are discovered on the site. CERTIFICATION,OPERATION,AND MAINTENANCE: Pursuant to Chapter 62-330.310 Florida Administrative Code (F.A.C.), Individual Permits will not be converted from the construction phase to the operation phase until construction completion certification of the project is submitted to and accepted by the District. This includes compliance with all permit conditions, except for any long term maintenance and monitoring requirements. It is suggested that the permittee retain the services of an appropriate professional registered in the State of Florida for periodic observation of construction of the project. For projects permitted with an operating entity that is different from the permittee, it should be noted that until the construction completion certification is accepted by the District and the permit is transferred to an acceptable operating entity pursuant to Sections 12.1-12.3 of the Applicant's Handbook Volume I and Section 62-330.310, F.A.C., the permittee is liable for operation and maintenance in compliance with the terms and conditions of this permit. In accordance with Section 373.416(2), F.S., unless revoked or abandoned, all stormwater management systems and works permitted under Part IV of Chapter 373, F.S., must be operated and maintained in perpetuity. The efficiency of stormwater management systems, dams, impoundments, and most other project components will decrease over time without periodic maintenance. The operation and maintenance entity must perform periodic inspections to identify if there are any deficiencies in structural integrity, degradation due to insufficient maintenance, or improper operation of projects that may endanger public health, safety, or welfare, or the water resources. If deficiencies are found, the operation and maintenance entity will be responsible for correcting the deficiencies in a timely manner to prevent compromises to flood protection and water quality. See Section 12.4 of Applicant's Handbook Volume I for Minimum Operation and Maintenance Standards. App no 160105-6 Page 6 of 14 erp_staff_report.rdf 16A3 RELATED CONCERNS: Water Use Permit Status: The applicant has indicated that surface water lakes and a Lower Tamiami Aquifer groundwater well will be used as a source for irrigation water for the project. Water Use Application No. 160503-17 is being processed concurrently for this project. The applicant has indicated that dewatering is required for construction of this project. Water Use Application No. 160503-18 is being reviewed concurrently for this project. This permit does not release the permittee from obtaining all necessary Water Use authorization(s) prior to the commencement of activities which will require such authorization, including construction dewatering and irrigation. CERP: The proposed project is not located within or adjacent to a Comprehensive Everglades Restoration Project component. Potable Water Supplier: Collier County Utilities Waste Water System/Supplier: Collier County Utilities Right-Of-Way Permit Status: A District Right-of-Way Permit is not required for this project. Historical/Archeological Resources: The District has received correspondence from the Florida Department of State, Division of Historical Resources indicating that there is some potential for undiscovered archeological sites to occur within the property. Please refer to General Condition No. 14 regarding fortuitous finds or unexpected discoveries during ground disturbing activities on the project site. This permit does not release the permittee from compliance with any other agencies' requirements in the event that historical and/or archaeological resources are found on the site. DEO/CZM Consistency Review: The issuance of this permit constitutes a finding of consistency with the Florida Coastal Management Program. Third Party Interest: No third party has contacted the District with concerns about this application. Enforcement: There has been no enforcement activity associated with this application. App.no. : 160105-6 Page 7 of 14 erp_staff_report rdf 16A3 STAFF RECOMMENDATION TO EXECUTIVE DIRECTOR: The Staff recommends that the following be authorized : Construction and Operation of a stormwater management system serving 16.80 acres of residential development known as Vincent Acres. Based on the information provided, District rules have been adhered to. Staff recommendation is for approval subject to the attached General and Special Conditions. STAFF REVIEW: NATURAL RESOURCE MANAGEMENT APPROVAL ENVIRONMENTAL EVALUATION SUPERVISOR + wM .p`tAa OL n24/Int Roxanne Taylor Lau a Layman SURFACE WATER MANAGEMENT APPROVAL ENGINEERING EVALUATION SUPERVISOR Pakorn Sutitarnnontr, P.E. Brian Rose, P.E. ENVIRO ;•;* RESOURCE COMPLIANCE B "Age DATE: March 29, 2017 .i,":�. Valera, P.E. RE U TI•N DIVISION ASSISTANT DIRECTOR: rag/7, DATE: 3/29/17 ony ".erre-1 u f -, P.E. App no 160105-6 Page 8 of 14 erp_staff_report.rdf 1 6 A 3 GENERAL CONDITIONS 1. All activities shall be implemented following the plans, specifications and performance criteria approved by this permit. Any deviations must be authorized in a permit modification in accordance with Rule 62-330.315, Florida Administrative Code (F.A.C.).Any deviations that are not so authorized shall subject the permittee to enforcement action and revocation of the permit under Chapter 373, F.S. 2. A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with Rule 62-330.090(7), F.A.C. Such notice is not an encumbrance upon the property. 3. Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance-based erosion and sediment control best management practices shall be installed immediately prior to, and be maintained during and after construction as needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be in accordance with the "State of Florida Erosion and Sediment Control Designer and Reviewer Manual" (Florida Department of Environmental Protection and Florida Department of Transportation June 2007), and the "Florida Stormwater Erosion and Sedimentation Control Inspector's Manual" (Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008), unless a project-specific erosion and sediment control plan is approved or other water quality control measures are required as part of the permit. 4. At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the Agency a fully executed Form 62-330.350(1), "Construction Commencement Notice" indicating the expected start and completion dates. If available, an Agency website that fulfills this notification requirement may be used in lieu of the form. 5. Unless the permit is transferred under Rule 62-330.340, F.A.C., or transferred to an operating entity under Rule 62-330.310, F.A.C., the permittee is liable to comply with the plans, terms and conditions of the permit for the life of the project or activity. 6. Within 30 days after completing construction of the entire project, or any independent portion of the project, the permittee shall provide the following to the Agency,as applicable: a. For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex- "Construction Completion and Inspection Certification for Activities Associated With a Private Single- Family Dwelling Unit"[Form 62-330.310(3)]; or b. For all other activities- "As-Built Certification and Request for Conversion to Operational Phase" [Form 62-330.310(1)]. c. If available, an Agency website that fulfills this certification requirement may be used in lieu of the form. 7. If the final operation and maintenance entity is a third party: a. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as- built certification, whichever comes first, the permittee shall submit, as applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.3 of Applicant's Handbook Volume I)as filed with the Department of State, Division of Corporations and a copy of any easement, plat, or deed restriction needed to operate or maintain the project, as recorded with the Clerk of the Court in the County in which the activity is located. b. Within 30 days of submittal of the as- built certification, the permittee shall submit "Request for Transfer of Environmental Resource Permit to the Perpetual Operation Entity" [Form 62-330.310(2)] to transfer the permit to the operation and maintenance entity, along with the documentation requested in the form. If available, an Agency website that fulfills this transfer requirement may be used in lieu of the form. App.no.: 160105-6 Page 9 of 14 erp_staff_report.rdf 1643 GENERAL CONDITIONS 8. The permittee shall notify the Agency in writing of changes required by any other regulatory agency that require changes to the permitted activity, and any required modification of this permit must be obtained prior to implementing the changes. 9. This permit does not: a. Convey to the permittee any property rights or privileges, or any other rights or privileges other than those specified herein or in Chapter 62-330, F.A.C.; b. Convey to the permittee or create in the permittee any interest in real property; c. Relieve the permittee from the need to obtain and comply with any other required federal, state, and local authorization, law, rule, or ordinance; or d. Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by the permittee. 10. Prior to conducting any activities on state-owned submerged lands or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S. Written authorization that requires formal execution by the Board of Trustees of the Internal Improvement Trust Fund shall not be considered received until it has been fully executed. 11. The permittee shall hold and save the Agency harmless from any and all damages, claims, or liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any project authorized by the permit. 12. The permittee shall notify the Agency in writing: a. Immediately if any previously submitted information is discovered to be inaccurate; and b. Within 30 days of any conveyance or division of ownership or control of the property or the system, other than conveyance via a long-term lease, and the new owner shall request transfer of the permit in accordance with Rule 62-330.340, F.A.C. This does not apply to the sale of lots or units in residential or commercial subdivisions or condominiums where the stormwater management system has been completed and converted to the operation phase. 13. Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to enter, inspect, sample and test the project or activities to ensure conformity with the plans and specifications authorized in the permit. 14. If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area,work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section, at (850) 245-6333 or (800) 847-7278, as well as the appropriate permitting agency office. Such subsurface work shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately and notification shall be provided in accordance with Section 872.05, F.S. 15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under Rule 62-330.201, F.A.C., provides otherwise. App.no. . 160105-6 Page 10 of 14 erp_staff_report.rdf 16A3 GENERAL CONDITIONS 16. The permittee shall provide routine maintenance of all components of the stormwater management system to remove trapped sediments and debris. Removed materials shall be disposed of in a landfill or other uplands in a manner that does not require a permit under Chapter 62-330, F.A.C., or cause violations of state water quality standards. 17. This permit is issued based on the applicant's submitted information that reasonably demonstrates that adverse water resource-related impacts will not be caused by the completed permit activity. If any adverse impacts result, the Agency will require the permittee to eliminate the cause, obtain any necessary permit modification, and take any necessary corrective actions to resolve the adverse impacts. 18. A complete copy of this permit shall be kept at the work site of the permitted activity during the construction phase, and shall be available for review at the work site upon request by the Agency staff. The permittee shall require the contractor to review the complete permit prior to beginning construction. App.no.: 160105-6 Page 11 of 14 erp_staff_report.rdf 16A3 SPECIAL CONDITIONS 1. The construction phase of this permit shall expire on April 4, 2022. 2. Operation and maintenance of the stormwater management system shall be the responsibility of the homeowner's association. Within one year of permit issuance or concurrent with the engineering certification of construction completion, whichever comes first, the permittee shall submit a copy of the recorded deed restrictions (or declaration of condominium, if applicable), a copy of the filed articles of incorporation, and a copy of the certificate of incorporation for the association. 3. Discharge Facilities: Structure: CS-1 (Discharge Structure) 1 - 10.25"W X 5.00" H RECTANGULAR weir with crest at elev. 10.21' NAVD 88. 1 - 3.00"dia. CIRCULAR ORIFICE with invert at elev. 9.50' NAVD 88. 24 LF of 24" dia. REINFORCED CONCRETE PIPE culvert. 1 -36"W X 54" L Mod. FDOT Type"E"drop inlet with crest at elev. 12.25' NAVD 88. Receiving body : CEDAR HAMMOCK PRESERVE WSWT Control elev : 9.50 feet NAVD 88. Structure: STR 1-9(Pre-Treatment Water Quality Structure) 56 LF of 24"dia. REINFORCED CONCRETE PIPE culvert. 1 - 37"W X 24" L Mod. FDOT Type"C"drop inlet with crest at elev. 11.20' NAVD 88. Receiving body : ONSITE LAKE WSWT Control elev : 9.50 feet NAVD 88. Structure: STR 2-10 (Pre-Treatment Water Quality Structure) 47 LF of 30"dia. REINFORCED CONCRETE PIPE culvert. 1 - 36"W X 49" L Mod. FDOT Type "D"drop inlet with crest at elev. 11.20'NAVD 88. Receiving body : ONSITE LAKE WSWT Control elev : 9.50 feet NAVD 88. 4. A stable, permanent and accessible elevation reference shall be established on or within one hundred (100)feet of all permitted discharge structures no later than the submission of the certification report. The location of the elevation reference must be noted on or with the certification report. 5. Lake side slopes shall be no steeper than 4:1 (horizontal:vertical) to a depth of two feet below the control elevation. Side slopes shall be nurtured or planted from 2 feet below to 1 foot above control elevation to insure vegetative growth, unless shown on the plans. 6. Prior to initiating construction activities associated with this Environmental Resource Permit (ERP), the permittee is required to hold a pre-construction meeting with field representatives, consultants, contractors, District Environmental Resource Compliance (ERC) staff, and any other local government entities as necessary. The purpose of the pre-construction meeting is to discuss construction methods, sequencing, best management practices, identify work areas, staking and roping of preserves where applicable, and to facilitate coordination and assistance amongst relevant parties. To schedule a pre-construction meeting, please contact ERC staff from the Lower West Coast Service Center at (239) 338-2929 or via e-mail at: pre-con@sfwmd.gov. When sending a request for a pre-construction meeting, please include the application number, permit number, and contact App.no. 160105-6 Page 12 of 14 erp_staff_report.rdf 16A3 SPECIAL CONDITIONS name and phone number. 7. Minimum building floor elevation: 12.45 feet NAVD 88. 8. Minimum road crown elevation: 11.83 feet NAVD 88. 9. Minimum parking lot elevation: 11.56 feet NAVD 88. 10. The permittee shall utilize the criteria contained in the Construction Pollution Prevention Plan (Exhibit 2.1) and on the applicable approved construction drawings for the duration of the project's construction activities. 11. The Urban Stormwater Management Plan shall be implemented in accordance with Exhibit 2.2. 12. Endangered species, threatened species and/or species of special concern have been observed onsite and/or the project contains suitable habitat for these species. It shall be the permittee's responsibility to coordinate with the Florida Fish and Wildlife Conservation Commission and/or the U.S. Fish and Wildlife Service for appropriate guidance, recommendations and/or necessary permits to avoid impacts to listed species. 13. The permittee shall comply with the provisions of the Big Cypress fox squirrel habitat management plan approved for the project site in accordance with Exhibit No. 3.3. Prior to initiating construction activities, the site shall be surveyed for the presence of active Big Cypress fox squirrel nests. A 125 foot radius undisturbed buffer must be maintained around all active nests. Following nesting activities, the nesting tree may be removed following coordination with the Florida Fish and Wildlife Conservation Commission and obtaining all required permits. Any modifications to this program requires prior written approval from District staff. 14. Prior to commencement of construction and in accordance with the work schedule in Exhibit No. 3.4, the permittee shall submit documentation that 12.60 freshwater forested UMAM credits have been deducted from the official agency ledger for Panther Island Mitigation Bank. 15. The District reserves the right to require remedial measures to be taken by the permittee if monitoring or other information demonstrates that adverse impacts to onsite or offsite wetlands, upland conservation areas or buffers, or other surface waters have occurred due to project related activities. 16. Activities associated with the implementation of the mitigation, monitoring and maintenance plan(s) shall be completed in accordance with the work schedule attached as Exhibit No. 3.4. Any deviation from these time frames must be coordinated with the District's Environmental Resource Compliance staff, and may require a minor modification to this permit. Such requests must be made in writing and shall include (1) reason for the change, (2) proposed start/finish and/or completion dates; and (3) progress report on the status of the project development or mitigation effort. 17. The backslopes of the berms adjacent to offsite wetlands/conservation areas shall be planted and maintained with native groundcover vegetation such as love grass, fakahatchee grass and/or cordgrass on 3-foot centers. In addtion, these berms shall be maintained free of exotic and nuisance species in perpetuity. 18. The following are exhibits to this permit. Exhibits noted as incorporated by reference are available on the District's ePermitting website(http://my.sfwmd.gov/ePermitting) under this application number. Exhibit 1.0 Location Map Exhibit 2.0 Plans Exhibit 2.1 Construction Pollution Prevention Plan App.no.: 160105-6 Page 13 of 14 erp_staff_report.rdf 16A3 SPECIAL CONDITIONS Exhibit 2.2 Urban Stormwater Management Program Exhibit 3.0 Wetland Location Map Exhibit 3.1 Wetland Impact Map Exhibit 3.2 Letter of Reservation Exhibit 3.3 Fox Squirrel Management Plan Exhibit 3.4 Environmental Work Schedule 19. Prior to the commencement of construction, the areas adjacent to offsite conservation areas shall be staked/roped/fenced to prevent encroachment into the protected areas. Using Global Positioning System (GPS) technology, the perimeter of the preserve area(s) shall be identified for future reference. The data shall be differentially corrected and accurate to less than a meter(+/-one meter or better). Electronic copies of the GPS data shall be provided to the District's Environmental Resource Compliance staff in accordance with Exhibit 3.4. The permittee shall notify the District's Environmental Resource Compliance staff in writing upon completion of the staking/roping and schedule an inspection of this work. The staking/roping shall be subject to District staff approval. The permittee shall modify the staking/roping/fencing if District staff determines that it is insufficient or is not in conformance with the intent of this permit. 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N , . _ ixi, i ill a z ,-' 1 . 5 / 0 U i'\ - ; -. g i t -'" 1 hit .-12 ; aaai X -ILI 16A3 CONSTRUCTION POLLUTION PREVENTION PLAN for Vincent Acres SITE DESCRIPTION Project Name and Vincent Acres Owner Name and Habitat for Humanity of Collier Location: (Latitude, Latitude: 26°09' 10.8"N Address: County Longitude,or Address) Longitude: 81°41'36.5"W 11145 Tamiami Trail E Naples, Florida 34113 Description: (Purpose Site Construction for a residential and Types of Soil subdivision Disturbing Activities) Construction in this project will generally consist of site clearing, lake excavation, and construction of roadways, utility infrastructure, and multi-use vertical construction. Soil disturbing activities will include: clearing and grubbing,installing a stabilized construction entrance,perimeter berming and other erosion and sediment controls; grading; excavation for the storm water management lake, storm sewer, utilities, and building foundations; construction of curb and gutter, road, and parking areas; and preparation for final planting, sodding, seeding and mulching. Runoff Coefficient: 0.69 for Development Area Site Area: 16.80 Acres Sequence of Major Activities: The order of activities will be as follows: 1. Installation of stabilized construction entrance. 8. Install utilities,storm sewer, curb and gutter. 2. Partial clearing and grubbing. 9. Complete grading,subgrade and base course construction. 3. Install perimeter berm(s)or silt fences adjacent to wetland 10. Complete final paving. areas. 11. Complete landscape grading and install permanent seeding 4. Continue clearing and grading. and plantings. 5. Construct storm water management lakes 12. When all construction activity is complete and the site is 6. Stockpile excavated soil. stabilized, remove temporary earth berms and/or silt fences 7. Stabilize denuded areas and stockpiles within 21 days of and re-seed any areas disturbed by their removal. last construction activity in that area. Name of Receiving Henderson Creek via Roost Road conveyance system Waters: CONTROLS Erosion and Sediment Controls Stabilization Practices Temporary Stabilization: Top soil stock piles and disturbed portions of the site where construction activity temporarily ceases for at least 21 days will be stabilized with temporary seed and mulch no later than 14 days from the last construction activity in that area. The seed shall be Bahia,millet,rye,or other fast-growing grasses. Prior to seeding,fertilizer or agricultural limestone shall be applied to each area to be temporarily stabilized. After seeding, each area shall be mulched with the mulch disked into place. Areas of the site which will be paved will be temporarily stabilized by applying limerock subgrade until bituminous pavement can be applied. Permanent Stabilization: Disturbed portions of the site,where construction activities permanently cease,shall be stabilized with sod, seed and mulch, landscaping, and/or other equivalent stabilization measures (e.g., rip-rap, geotextiles) no later than 14 days after the date of the last construction activity. The sod shall typically be Floratam or Bahia sod. Prior to seeding, fertilizer or agricultural limestone shall be applied to each area to be temporarily stabilized. After seeding,each area shall be mulched with the mulch disked into place. Exhibit 2.1 Application No. 160105-6 Page 1 of 10 16A3 CONTROLS (Continued) Structural Practices Silt Fence will be constructed along those areas of the project that border adjacent wetlands. At a minimum, the silt fence will be placed along all wetland buffers and all Corps of Engineers jurisdictional wetland boundaries adjacent to soil disturbing activities. Synthetic Sock Drop Inlet Sediment Filter-will be placed around all constructed storm drain inlets immediately upon completion of construction and shall remain in-place until the contributing drainage area is stabilized. Alternatively, grate inlets can be covered with filter fabric material until stabilization. Storm Water Management The project will utilize combination of dry detention/retention and a lake to provide the required water quality treatment and attenuation. Discharges from the water management system will be regulated by a series of water control structures. These control structures will be used to maintain water levels in the detention facilities that will maintain or restore the hydroperiod in the wetlands and flowways. The water control structures will also be used to restrict the discharges from the project as described above. OTHER CONTROLS Waste disposal: Waste Materials: All waste materials will be collected and stored in a trash dumpster which will meet all local and State solid waste management regulations. All trash and construction debris from the site will be deposited in this dumpster.The dumpster will be emptied as required due to use and/or State and local regulations, with the trash disposed of at the appropriate landfill operation. No construction waste materials will be buried onsite. All personnel will be instructed regarding the correct procedure for waste disposal. Notices stating these practices will be posted in the construction office trailer. Hazardous Waste: All hazardous waste materials will be disposed of in the manner specified by local or State regulation or by the manufacturer. Site personnel will be instructed in these practices. Sanitary Waste: All sanitary waste will be collected from the portable units by a local, licensed, Collier County sanitary waste management contractor, as required by local regulation. Offsite Vehicle Tracking: A stabilized construction entrance has been provided to help reduce vehicle tracking of sediments. As they are completed, paved streets will be swept as needed to remove any excess muck,dirt,or rock tracked from the site. Dump trucks hauling material from the construction site will be covered with a tarpaulin. TIMING OF CONTROLS/MEASURES Installation of silt fence barriers(around wetlands)and stabilized construction entrance will be constructed prior to extensive clearing or grading of any other portions of the site. Areas where construction activity temporarily ceases for more than 21 days will be stabilized with a temporary seed and mulch within 14 days of the last disturbance. Once construction activity ceases permanently in an area, that area will be stabilized with permanent sod,seed and mulch,landscaping,and/or other equivalent stabilization measures(e.g., rip- rap,geotextiles). After the entire site is stabilized,the silt fence barriers can be removed. CERTIFICATION OF COMPLIANCE WITH FEDERAL, STATE,AND LOCAL REGULATIONS The storm water pollution prevention plan reflects the United States Environmental Protection Agency and the South Florida Water Management District(SFWWD) requirements for storm water management and erosion and sediment control, as established in the Chapter 40E-4 FAC and Chapter 373 FS. Exhibit 2.1 3/19/2004-31971 Ver:01!-JEVANS CA„3 Application No. 160105-6 03914-002-000-ECOR-7508 Page 2 of 10 1 6 A 3 MAINTENANCE/INSPECTION PROCEDURES Erosion and Sediment Control Inspection and Maintenance Practices These are the inspection and maintenance practices that will be used to maintain erosion and sediment controls. • All control measures will be inspected at least once each week and following any storm event of 0.5 inches or greater. • All measures will be maintained in good working order; if a repair is necessary, it shall be corrected as soon as possible, but in no case later than 7 days after the inspection. • Built up sediment will be removed from silt fence when it has reached one-half the height of the fence. • Silt fence will be inspected for depth of sediment,tears,to see if the fabric is securely attached to the fence posts, and to see that the fence posts are firmly in the ground. • Temporary seeding and permanent sodding and planting will be inspected for bare spots,washouts,and healthy growth. • A maintenance inspection report will be made after each inspection. A copy of the report form to be completed by the inspector is attached. • The Owner will appoint one individual who will be responsible for inspections, maintenance and repair activities, and for completing the inspection and maintenance reports. • Personnel selected for inspection and maintenance responsibilities will receive training from the site superintendent.They will be trained in all the inspection and maintenance practices necessary for keeping the erosion and sediment controls used onsite in good working order. Non-Storm Water Discharge It is expected that the following non-storm water discharges will occur from the site during the construction period: • Water from water line flushings. • Pavement wash waters(when no spills or leaks of toxic or hazardous materials have occurred). • Uncontaminated groundwater(from dewatering excavation). • All non-storm water discharges will be directed to the storm water management facilities prior to discharge. INVENTORY FOR POLLUTION PREVENTION PLAN The materials or substances listed below are expected to be present onsite during construction: • Concrete • Fertilizers • Detergents • Petroleum Based Products • Paints(enamel and latex) • Cleaning Solvents • Metal Studs • Wood • Asphalt • Masonry Block • Roofing Shingles • Clay or concrete bricks Exhibit 2.1 C3/19/2004-31971 Verou-JEVANS Application No. 160105-6 03914-002-000-ECOR-7508 Page 3 of 10 16A3 SPILL PREVENTION Material Management Practices The following are the materials management practices that will be used to reduce the risk of spills or other accidental exposure of materials and substances to storm water runoff. Good Housekeeping: The following good housekeeping practices will be followed onsite during the construction project: • An effort will be made to store only enough product required to do the job. • All materials stored onsite will be stored in a neat,orderly manner in their appropriate containers,and if possible, under a roof or other enclosure. • Products will be kept in their original containers with the original manufacturer's label. • Substances will not be mixed with one another unless recommended by the manufacturer. • Whenever possible,all of a product will be used up before disposing of the container. • Manufacturers' recommendations for proper use and disposal will be followed. • The site superintendent will inspect to ensure proper use and disposal of materials onsite. Hazardous Products: These practices are used to reduce the risks associated with hazardous materials: • Products will be kept in original containers unless they are not resealable. • Original labels and material safety data will be retained;they contain important product information. • If surplus product must be disposed of, manufacturers'or local and State recommended methods for proper disposal will be followed. Product Specific Practices The following product specific practices will be followed onsite: Petroleum Products: All onsite vehicles will be monitored for leaks and receive regular preventive maintenance to reduce the chance of leakage. Petroleum products will be stored in tightly sealed containers which will be clearly labeled. Any asphalt substances used onsite will be applied in accordance with the manufacturer's recommendations and standard construction practices. Fertilizers: Fertilizers will be applied only in the minimum amounts recommended by the manufacturer. Once applied,fertilizer will be worked into the soil to limit exposure to storm water.Storage will be in a covered shed.The contents of any partially used bags of fertilizer will be transferred to a sealable plastic bin to avoid spills. Paints: All containers will be tightly sealed and stored when not required for use.Excess paint will not be discharged to the storm sewer system but will be properly disposed of according to manufacturers' instructions and/or state and local regulations. Exhibit 2.1 3/19/2004-31971 Ver:011-JEVANS 03914-002-000-ECOR-7508 Application No. 160105-6 Page 4 of 10 16A3 SPILL PREVENTION (Continued) Spill Control Practices In addition to the good housekeeping and material management practices discussed in the previous sections of this plan,the following practices will be followed for spill prevention and cleanup. • Manufacturers'recommended methods for spill cleanup will be clearly posted and site personnel will be made aware of the procedures and the location of the information and cleanup supplies. • Materials and equipment necessary for spill cleanup will be kept in the material storage area onsite. Equipment and materials will include--but not be limited to—rags,gloves,goggles,kitty litter,sand,and plastic and metal trash containers specifically for this purpose. • All spills will be cleaned up as soon as possible after discovery. • The spill area will be kept well ventilated and personnel will wear appropriate protective clothing to prevent injury from contact with a hazardous substance. • Spills of toxic or hazardous material will be reported to the appropriate state or local government agency, regardless of the size. • The spill prevention plan will be adjusted to include measures to prevent this type of spill from reoccurring and how to clean up the spill if there is another one. A description of the spill,what caused it,and the cleanup measures will also be included. • The Contractor's site superintendent will be responsible for the day-to-day site operations and will be the spill prevention and cleanup coordinator.He will designate at least two other site personnel who will receive spill prevention and cleanup training. These individuals will each become responsible for a particular phase of prevention and cleanup. The names of responsible spill personnel will be posted in the material storage area and in the office trailer onsite. Exhibit 2.1 3/19/2004-31971 Ver 01'-JEVANS 039 4-002-000-ECOR-7508 Application No. 160105-6 Page 5 of 10 16A3 POLLUTION PREVENTION PLAN CERTIFICATION I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system,or those persons directly responsible for gathering the information, the information submitted is,to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Signed: Print Name: Title: Date: CONTRACTOR'S CERTIFICATION I certify under penalty of law that I understand the terms and conditions of the general National Pollutant Discharge Elimination System (NPDES) permit that authorizes the storm water discharges associated with industrial activity from the construction site identified as part of this certification. Signature For Responsible for Date: Date: Date: Date: Exhibit 2.1 C/2004-31971 yer:011-JEVANS Application No. 160105-6 03914-002-000-ECOR-7508 Page 6 of 10 CONSTRUCTION POLLUTION PREVENTION PLAN for 16 A 3 Vincent Acres Inspection And Maintenance Report Form (To be completed every 7 days and within 24 hours of a rainfall event of 0.5 inches or more) INSPECTOR: DATE: INSPECTOR'S QUALIFICATIONS: Days since last rainfall: Amount of last rainfall inches STABILIZATION MEASURES Area Date Since Date of Next Stabilized? Stabilized Condition Last Disturbed Disturbance (yes/no) With Stabilized required: To be performed by: on or before: Exhibit 2.1 3/19/2004-31971 Ver.01!-JEVANS CAJ.3 Application No. 160105-6 03914-002-000-ECOR-7508 Page 7 of 10 CONSTRUCTION POLLUTION PREVENTION PLAN 1 6 A 3 for Vincent Acres Inspection And Maintenance Report Form Structural Controls DATE: SILT FENCE/SYNTHETIC SOCK BARRIER From To Is Silt Fence/ Is there evidence of Synthetic Sock washout or over-topping? Barrier in place? Maintenance required for silt fence/synthetic sock barrier: To be performed by: on or before: Exhibit 2.1 3/19/2004-31971 Ver:OF JEVANS CM43 Application No. 160105-6 03914-002-000-ECOR-7508 Page 8 of 10 16A3 CONSTRUCTION POLLUTION PREVENTION PLAN for Vincent Acres Inspection And Maintenance Report Form Structural Controls DATE: EARTHEN PERIMETER BERM From To Is berm stabilized ? Is there evidence of washout or over-topping? Maintenance required for perimeter berm: To be performed by: on or before: Exhibit 2.1 3119/2004-31971 Ver:01!-JEVANS CA.„ Application No. 160105-6 03914-002-000-ECOR-7508 Page 9 of 10 16A3 CONSTRUCTION POLLUTION PREVENTION PLAN for Vincent Acres Inspection And Maintenance Report Form CHANGES REQUIRED TO THE POLLUTION PREVENTION PLAN: REASONS FOR CHANGES: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Signature Date Exhibit 2.1 3119/2004-31971 Ver 01!-JEVANS CA*63 - Application No. 160105-6 03914-002-000-ECOR-7508 Page 10 of 10 16A3 URBAN STORMWATER MANAGEMENT PROGRAM For Vincent Acres 1.0 Introduction This document provides details of the Urban Stormwater Management Program for the Vincent Acres community located in Collier County. This Plan discusses non-structural controls, intended to improve the quality of stormwater runoff by reducing the generation and accumulation of potential stormwater runoff contaminants at or near the respective sources for each constituent, along with significant structural components of the primary stormwater treatment system. Although many of the methodologies and procedures outlined in this document are general Best Management Practices (BMP's) which can be useful in attenuating pollutants in many types of urbanized settings, the implementation of these practices has been optimized, to the maximum extent possible, to reflect the unique character of the Vincent Acres community and the surrounding hydrologic features. Pollution prevention guidelines are provided for the areas of (1) nutrient and pesticide management; (2) street sweeping; (3) solid waste management; (4) operation and maintenance of the stormwater management and treatment system; (5) construction activities. A discussion of each of these activities is given in the following sections. 2.0 Nutrient and Pesticide Management Nutrient and pesticide management consists of a series of practices designed to manage the use of fertilizers and pesticides so as to minimize loss of these compounds into stormwater runoff and the resulting water quality impacts on adjacent waterbodies. Implementation of a management plan will also maximize the effectiveness of the nutrients and pesticides that are applied. Each homeowner must commit themselves to the practice of responsible and careful landscape design and maintenance of each lot to prevent contamination of surface waters. The guidelines included in this section are intended to help homeowners make educated environmental choices regarding the maintenance of individual yards within the community. These maintenance and management guidelines are meant to promote an attractive neighborhood that preserves the health of adjacent waterways and environmental features. 2.1 General Requirements A landscape plan must be developed for each residence. The plan must be comprehensive in nature and follow the landscape design guidelines established by the Homeowners Association and must promote revegetation of each lot as quickly as possible. Commercial applicators of chemical lawn products must register with the Homeowners Association annually and provide a copy of their current occupational license, proof of business liability insurance, and proof of compliance with applicable education and licensing requirements. Individual employees working under the direction of a licensed commercial applicator are exempt from the educational requirements. Exhibit 2.2 Application No.160105-6 Page 1 of 5 16A3 Only registered commercial applicators and individual lot owners are permitted to apply chemicals within the property on a private lot. All chemical products must be used in accordance with the manufacturer's recommendations. The application of any chemical product within five (5) feet of any surface water including but not limited to ponds, lakes, drainage ditches or canals, is prohibited. The use of any chemical product in a manner that will allow airborne or waterborne entry of such products into surface water is prohibited. This rule shall not apply to the use of chemical agents, by certified lake management specialists, for the control of algae and vegetation within the stormwater lakes or ponds. 2.2 Nutrient Management Program Management and application of nutrients and fertilizers in the Vincent Acres community will adhere to the following guidelines: A. All fertilizers shall be stored in a dry storage area protected from rainfall and ponding. B. No fertilizer containing in excess of 2% phosphate/phosphorus (P2O5) per guaranteed analysis label (as defined by Chapter 576, Florida Statutes) shall be applied to turf grass unless justified by a soil test. C. Fertilizer containing in excess of 2% phosphate/phosphorus (P2O5) per guaranteed analysis label shall not be applied within 5 feet of the edge of water or within 5 feet of a drainage facility. D. All fertilizer shall be applied such that spreading of fertilizer on all impervious surfaces is minimized. E. Liquid fertilizers containing in excess of 2% phosphate/phosphorus (P2O5) per guaranteed analysis label shall not be applied through an irrigation system within 10 feet of the edge of water or within 10 feet of a drainage facility. F. Liquid fertilizers containing in excess of 2% phosphate/phosphorus (P2O5) per guaranteed analysis label shall not be applied through high or medium mist application or directed spray application within 10 feet of the edge of water or within 10 feet of a drainage facility. 2.3 Pest Management Program Proper maintenance of plants and turf areas will minimize the ability of pests to successfully attack landscaping. Several general guidelines follow: A. Apply fertilizer and water only when needed and in moderate amounts. Excessive amounts of either can cause rapid growth that is attractive to insects and disease. B. Mow St. Augustine grass to a height of 3-4 inches. If cut shorter, the plants may become stressed and more vulnerable to pest infestation. Each mowing should remove no more than one-third of the leaf blade, and those cuttings should remain on the lawn to decompose. C. It is recommended that pesticides,fungicides, and herbicides be used only in response to a specific problem and in the manner and amount recommended by the manufacturer to address the specific problem. Broad application of pesticides, fungicides and herbicides as a preventative measure is strongly discouraged. Exhibit 2.2 Application No. 160105-6 Page 2 of 5 16A3 The use of pesticides, fungicides, or herbicides is limited to products that meet the following criteria: A. Must be consistent with the USDA-NRCS Soil Rating for Selecting Pesticides B. Must have the minimum potential for leaching into groundwater or loss from runoff C. Products must be EPA-approved D. The half-life of products used shall not exceed seventy (70) days 3.0 Street Sweeping This practice involves sweeping and vacuuming the primary streets to remove dry weather accumulation of pollutants, especially particulate matter, before wash-off of these pollutants can occur during a storm event. This practice reduces the potential for pollution impacts on receiving water bodies by removing particulate matter and associated chemical constituents. Although street cleaning operations are frequently conducted primarily for aesthetic purposes, the primary objective of the street sweeping program for Vincent Acres is to improve the quality of stormwater runoff generated from impervious traffic areas. Street sweeping activities can be particularly effective during periods of high leaf fall by removing solid leaf material and the associated nutrient loadings from roadside areas where they could easily become transported within stormwater flow. Street sweeping operations will be performed in Vincent Acres at a minimum frequency of one event every other month. A licensed vendor using a vacuum-type sweeping device will perform all street sweeping activities. Sweeping activities during each event will include all primary street surfaces. Disposal of the collected solid residual will be the responsibility of the street sweeping vendor. 4.0 Solid Waste Management In general, solid waste management involves issues related to the management and handling of urban refuse, litter and leaves that will minimize the impact of these constituents as water pollutants. Maintenance of adequate sanitary facilities for temporarily storing refuse on private premises prior to collection is considered the responsibility of the individual homeowner. Local requirements for refuse collection will be brought to the attention of every homeowner at closing for the sale of the property. Information will be distributed as necessary stating specifications for containers, separation of waste by type, where to place containers prior to collection, and established collection schedules. Fallen tree leaves and other vegetation, along with grass clippings, may become direct water pollutants when they are allowed to accumulate in swales and street gutters. All homeowners will receive periodic educational materials that address proper disposal of leaves and other vegetation to minimize water quality impacts. 5.0 Stormwater Management and Treatment System Exhibit 2.2 Application No. 160105-6 Page 3 of 5 16A3 The stormwater management system for the Vincent Acres community is designed to maximize the attenuation of stormwater generated pollutants prior to discharge to the off-site wetland systems. Operational details and maintenance requirements of the various system components are given in the following sections. 5.1 Stormwater Inlets, Pipes and Culverts The grates should be unobstructed and the bottom, inside the inlet, should be clean. Check for any accumulation of sediment, trash such as garbage bags, or debris in the culverts connecting these inlets. Flushing out with a high-pressure hose may clean some sediment. Any noted blockage (due to a possible obstruction, or broken pipe, etc.) should prompt further investigation. Crushed or corroded culverts should be replaced with new ones of the same size. 5.2 Swales and Grassed Water Storage Areas These provide for conveyance and/or above-ground (or surface) storage of stormwater. With age, these areas usually fill in with vegetation and sediment. Swales may need to be regraded and/or revegetated. It is a good idea to compare the existing slope and dimensions of the swale with the permitted design plans prior to the removal of excess sediment or regrading. Areas that show erosion should be stabilized with appropriate material such as sod, planting, rock, sand bags, or other synthetic geotextile material. Regular mowing of grass swales is essential. These areas also improve water quality by catching sediment and assimilating nutrients, and recharge the underground water table. Remove any undesirable exotic vegetation. Culverts underneath driveways should be checked for blockage, and, if necessary, flushed with a high-pressure hose. After a storm, swales may remain wet for an extended period of time. This is normal and the water will recede gradually. 5.3 Ditches or Canals Fill material, yard waste, clippings and vegetation, sediment, trash, appliances, garbage bags, shopping carts, tires, cars, etc. should be completely removed. Also check to make sure there are no dead trees or any type of obstructions which could block the drainage flow way. Maintenance cleaning/excavation must be limited to the same depth, width and side slope as approved in the current permit. Making a ditch deeper or wider may trigger a need for a permit modification. Provisions must also be made to prevent any downstream silting or turbidity (Contact the SFWMD Resource Compliance staff if you are unsure or need clarification.) Be sure to dispose of all removed material properly so it won't affect any other water storage or conveyance system, environmental area, or another owner's property. 5.4 Outfall Structure (also called the Discharge Control Structure or Weir) Exhibit 2.2 Application No. 160105-6 Page 4 of 5 16A3 The outfall structure should be routinely inspected to determine if any obstructions are present or repairs are needed. Trash or vegetation impeding water flow through the structure should be removed. The structure should have a "baffle" or trash collector to prevent flow blockage and also hold back any floating oils from moving downstream. Elevations and dimensions should be verified annually with all current permit information. Periodic inspections should then be regularly conducted to make sure these structures maintain the proper water levels and the ability to discharge. 5.5 Earthen Embankments (Dikes and Berms) Check for proper elevations, width and stabilization. Worn down berms- especially if used by all- terrain vehicles or equestrian traffic — and rainfall — created washouts should be immediately repaired, compacted and re-vegetated. 6.0 Construction Activities A Stormwater Pollution Prevention Plan (SWPPP) has been prepared for construction activities to minimize activities contamination that may be caused by erosion and sedimentation during the construction process. The plan includes provisions related to soil stabilization, structural erosion controls, waste collection disposal, offsite vehicle tracking, spill prevention and maintenance and inspection procedures. A copy of the SWPPP is attached hereto and made a part of hereof. II Exhibit 2.2 Application No. 160105-6 Page 5 of 5 16A3 -RADIO LN- . 'R .n DAv1sBoo ,.,�4 Et,iI - k at ..-7.....! 4 r ;at I lf+l ..,14 i :'✓6 , 1'• 1. 7. ,.L i *•t 2= Jr' d t .� 1 ' r •� 141 t '' 1 ,M di1T lat, to @ SCAt, l i ,,, .. %1J9Z;IF .r, s • 1- '8 , lite g 'wry }4 ! 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'• 314).4 C , 1 1 ' ' '-' '..4.. * gr -". *.- ito, -th . as i. 44. , : ,3,..._::,,.,.., ,, , 4: -k ,3!---Ali . 7 ' .. 4' ' ' ''' . itIl v ,a -,..„,...,1-1,',„-.. ..,...., DOT POND SITE a-14g. . , ilc _) - "` A'4 l' '' NOTES: I '10*'*' .4,,,,,,-,3„,*, Mt'"� �' `t : � •4, ` 't `_ } AERIAL PHOTOGRAPHS WERE ACQUIRED THROUGH r '.4? °' .. _ -sy,: 1 THE COLLIER COUNTY PROPERTY APPRAISER'S ` `� '^y OFFICE WITH A FLIGHT DATE OF JANUARY 2015 1 ' a _ y' t'•' FLUCFCS LINES ESTIMATED FROM 7=200'AERIAL PHOTOGRAPHS AND LOCATIONS APPROXIMATED _ FLUCFCS %OF LEGEND- CODES DESCRIPTIONS ACREAGE TOTAL FLUCFCS PER FLORIDA LAND USE.COVER AND 4119E2 FINE FLATWOODS,DISTURBED(25-49%EXOTICS) 1.03Ac.± 6.4% FORMS CLASSIFICATION SYSTEM(FLUCFCS)(FOOT • SFWMD WETLANDS 4159 Et RNE,DISTURBED(O-24%EXOTICS) 223 Ac.± 133% 1999). ` (12'72 Ac 6) 4241 MELALEUCA.HYDRIC 1.34 Aa± 8.0% 6259 E2 PINE,HYDRIC.DISTURBED(25.49%EXOTICS) 7.87 Ac.± 46.8% PROPERTY BOUNDARY PER RWA.INC.DRAWING No SFWMD"OTHER 6259 E4 PINE,HYDRIC.DISTURBED(76-100%EXOTICS) 2.96 Acs 176% 5001170003DM01 DWG DATED JANUARY 21.2008 SURFACE WATERS" (0.07 Ac±) 740 DISTURBED LAND 0.32 A±± 1.9% SURVEYED WETLAND LINES PER RWA.INC. DRAWING N SURVEYED WETLAND LINE 7401 DISTURBED LAND.HYDRIC 0.55 Act 93% No 5001170003X04.DWG DATED FEBRUARY 22 2007. 742 BORROW AREA 0.07 Ac.± 0.4% 747 BERM 0.38 Ac.± 2.3% UPLAND/WETLAND LIMITS HAVE BEEN REVIEWED AND TOTAL. 16.80Ac.± 100.0% APPROVED BY THE SFWMD ON JANUARY 26,2007 .- DRAWNR R4 fF EXHIBIT 5.AERIAL WITH FLUCFCS AND WETLANDS MAP J.I. I ATE 4/18/07 PAS SA R E L LA n VINCENT ACRES J.H. 4/18/07 (_ -- RINIFD ISA�F & ASS\)C:IATES '' _ T.S. 11/12/15 __ Exhibit No. 3.0 Application No. 160105-6 Page 1 of 1 16A3 A r ■_' I259E2 6259E4 2.96 Ac.tSCALE: I"=20087 Ac.t) P/L /07 � . . / 5 7401 (0.55 Ac.t yr / 4241 ' CEDAR (0.47 Ac.t) i/ 4241 (0.87 Ac.t) HAMMOCK /// (CONSERVATIONlio AREA) �/ 624 (0.09 Ac.t 742 0.07 Ac.t) 624 (0.06 Ac.t f DOT POND SITE L 1 7. 1 I DIRECT IMPACTS NOTES: i FLUCFCS WETLAND OSW _� CODES IMPACT IMPACT TOTAL PROPERTY BOUNDARY PER RWA INC.DRAWING No. LEGEND: 4241 1.34 Ac.± 1.34 Ac.± 5001170003DM01.owG DATED FEBRUARY 15,2008. 6259 E2 7.87 Ac.± 7.87 Ac.± SITE PLAN PER RWA ENGINEERING.INC.DRAWING No. /�� SFWMD WETLAND IMPACT 6259 E4 2.98 Ac.± - 2.96Ac.± MI 0501170302W.DWG DATED MARCH 21.2017. l/� (12.72 Ac.±) 7401 0.55Ac,± - 0.55Ac.± \\ SFWMD'OTHER SURFACE WATERS' 742 0.07Ac.t 0.07 Ac.± FLUCFCS LINES ESTIMATED FROM 1'=200'AERIAL IMPACT(0.07 Ac.z) TOTAL 12.72Ac.± 0.07Ac.± 12.79Ac.± PHOTOGRAPHS AND LOCATIONS APPROXIMATED. S FLUCFCS PER FLORIDA LAND USE,COVER AND FORMS q niq,4 SFWMD SECONDARY IMPACTS ettkt4t (0.15 Ac.z) SECONDARY IMPACTS CLASSIFICATION SYSTEM(FLUCFCS)(FOOT 1999). o FLUCFCS WETLAND ` , SURVEYED WETLAND LINES PER RWA,INC.DRAWING NO. V SURVEYED WETLAND LINE CODES IMPACT TOTAL 5001170003X04.DWG DATED FEBRUARY 22,2007. 8240.15Ac.± 0.15Ac.± "s _ I ) WETLAND POLYGON 4(TYP.) TOTAL — 0.15Ac.± 0.15Ac.± UPLAND/WETLAND LIMITS HAVE BEEN REVIEWED AND APPROVED BY THE SFWMD ON JANUARY 26.2007. 8 !PAW,BY 1ATI FIGURE 1.SFWMD WETLAND IMPACT AND D.B. I1/3/15 PASSARELLA AI:\'m,:`RFI' 1`.47T: WETLAND POLYGON LD.MAPria B.B. It/;/ts VINCENT ACRES RiNZS`° F & ASSOCIATES T.S. 3/21/17 Exhibit No. 3.1 Application No. 160105-6 Page 1 of 1 16A3 b I I,,,,,, ( k an IiI 3 , Suita: 34 1 PlarntaWin_ 1 Hilda 3 3 32-i • iI(pl„>,,t '434 (42jI' 8R831,I 1-;, Panther ' Island 1 , s,. )( 4i3. 1 �, MITIGATION BANK November 21, 2016 Ms. Laura Layman Section Leader- Regulation South Florida Water Management District 2301 McGregor Boulevard Fort Myers, FL 33901 Re: SFWMD Permit Application No. 160105-6 Project: Vincent Acres Panther Island Mitigation Bank Letter of Reservation I Dear Ms. Layman: This is to confirm that Habitat for Humanity of Collier County, LLC is purchasing 12.60 freshwater forested mitigation bank credits from the Panther Island Mitigation Bank for the above referenced project. These credits are reserved accordingly. Please do not hesitate to call if you have any questions or need further information. Sincerely, Desmond Duke cc: Karyn Allman, SFWMD Stephen Collins,Panther Island Mitigation Bank Nick Kouloheras,Habitat For Humanity Of Collier County Mike Myers,Passarella and Associates, Inc. Keisha Westbrook, RWA,Inc. Exhibit No. 3.2 Application No. 160105-6 Page 1 of 1 1 6 A 3 VINCENT ACRES BIG CYPRESS FOX SQUIRREL MANAGEMENT PLAN March 22, 2016 INTRODUCTION The following outlines the Big Cypress fox squirrel (Sciurus niger avicennia) management plan for the proposed Vincent Acres project(Project) located in Section 3, Township 50 South, Range 26 East, Collier County. Specifically, the site is located at the southwest corner of the intersection of Davis Boulevard and Market Street, 0.34+ mile west of Collier Boulevard (a.k.a. County Road 951). The Project site is bound to the west and south by Cedar Hammock, to the north by Davis Boulevard, and to the east by Market Street and Westport Commerce Center. The Project includes a proposed Habitat for Humanity residential development along with its associated stormwater management system, roads, and parking. This habitat management plan has been prepared to meet state and local development approval requirements. It is intended to satisfy a request from the South Florida Water Management District (SFWMD) as part of Environmental Resource Permit (ERP) Application No. 160105-6 and Section 3.04.01.C.2 of the Collier County Land Development Code (LDC). The Big Cypress fox squirrel is listed as state-threatened by the Florida Fish and Wildlife Conservation Commission(FWCC). It is not a federally-listed species. PRE-CONSTRUCTION SURVEYS A qualified consultant will be on-site to supervise Big Cypress fox squirrel management and monitoring activities as detailed in this plan. Prior to commencement of construction, the construction limits will be staked in the field and clearly identified with orange landscape fencing or equivalent barrier. The fencing will be inspected by SFWMD staff prior to clearing activities. Also prior to commencement of clearing activities, a survey will be conducted in areas to be cleared to identify potential Big Cypress fox squirrel nests. If potential nests are identified within the clearing limits, observations will be conducted during the early morning hours for five consecutive days (less holidays and weekends) to determine if the nests are being utilized by the Big Cypress fox squirrel. The surveys should occur between a half hour before sunrise and two hours after sunrise. If an active Big Cypress fox squirrel nest is found on-site, no clearing will be conducted within 125 feet of the nest tree. The buffer area will be fenced off with staked silt screen or euro-type fencing. No construction activities will occur within the buffer area until observations have documented that juvenile squirrels have left the nest and a take permit (or its equivalent) has been issued by the FWCC. After receipt of authorization from the FWCC, the nest tree and buffer can then be cleared. Exhibit No. 3.3 Application No. 160105-6 Page 1 of 2 16A3 STAFF REPORT DISTRIBUTION LIST VINCENT ACRES Application No: 160105-6 Permit No: 11-03890-P INTERNAL DISTRIBUTION EXTERNAL DISTRIBUTION X Pakorn Sutitarnnontr, P.E. X Roxanne Taylor X Permittee- Habitat For Humanity of Collier County Inc. X Laura Layman X Agent- RWA Inc. X Brian Rose, P.E. X Env Consultant- Passarella and Associates, Inc. X A. Waterhouse, P.E. GOVERNMENT AGENCIES X City Engineer, City of Naples X Div of Recreation and Park- District 4 -Chris Becker, FDEP OTHER INTERESTED PARTIES X Audubon of Florida -Charles Lee 1 6 A 3 PUBLIC EDUCATION AND OTHER PROTECTION METHODS A program will be established to educate Vincent Acres residents, visitors, and maintenance staff about the Big Cypress fox squirrel. In addition, other protective measures will be implemented on the property. • Educational pamphlets will be made available for Vincent Acres residents, visitors, and maintenance staff. The pamphlets shall include information as follows: I. A picture and description of the Big Cypress fox squirrel and its status as a listed species. 2. Notes regarding the life history and ecology of the Big Cypress fox squirrel. 3. Information regarding the interaction of the public with the Big Cypress fox squirrel. 4. A note to owners who have dogs, requiring that they leash their dogs. 5. A note to owners that free-running house cats are predators of squirrels and that no house cats should be allowed to roam free. 6. A note to indicate that molesting the Big Cypress fox squirrel is illegal. • Covenants in the homeowners documents will specify that pets must be on leashes while outdoors and that free roaming pets are not allowed on the Vincent Acres property. • Outdoor lighting will be directed toward improved areas. • The maximum internal speed limit will be 15 miles per hour. Exhibit No. 3.3 Application No. 160105-6 Page 2 of 2 South Florida Water Management District Work Schedule Requirements Z 6 A 3 Application No : 160105-6 Page 1 of 1 Mitigation Plan ID: VINCENT ACRES Activity Due Date SUBMIT GPS INFORMATION 01-JUN-17 SUBMIT MITIGATION BANK DOCUMENTATION 01-JUN-17 Exhibit No. 3.4 Application No. 160105-6 Page 1 of 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 A 3 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 41 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 it 2. 3. County Attorney Office County Attorney Office _5/1/(0A 4. BCC Office Board of County fciS • rryy Commissioners IS 5"°1'W 5. Minutes and Records Clerk of Court's Office //,_ S 9.1,1 (e) ;0"1 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 Mardi 9,2017 qt a f7. Agenda Item Number 16A3 Approved by the BCC Type of Document Bond and Construction and Maintenance Number of Original ) Attached Agreement 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) ApplIcab e) 1. Does the document require the chairman's original signature? 5''filYI)P ,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 3/9/17 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 i. BCC, all changes directed by the BCC have been made, and the document is ready for the _ Chairman's signature. ' " l:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16A3 MEMORANDUM Date: May 21, 2018 To: Jodi Hughes, Project Manager Development Review From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Construction & Maintenance Agreement and Performance Bond — Vincent's Acres Attached is a copy of the aforementioned document as referenced above, (Item #16A3) approved by Board of County Commissioners on Tuesday, May 9, 2017. If you need anything further, please feel free to contact me at 252-8411. Thank you. Attachment 16A3 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this 2154- day of In113'j 2018, between Habitat for Humanity of Collier County, Inc. 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 a certain plat of a subdivision to be known as: Vincent Acres. B. Chapters 4 and 10 of the Collier County Land Development Code requires 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: Roadways, utilities, drainage and other infrastructure improvements within 12 months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof)in the amount of$2,740,154.24 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost of to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the County Manager or his designee for compliance with the Collier County Land Development Code. .16A3 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 Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6)months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the County Manager or 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 16A3 security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms,covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this.2161.day of [Mil 20 SIGNED IN THE PRESENCE OF: Habitat for Humanity of Collier County Inc By: /,.: _ Print Name: , Nicholas J. Kouloheras President Tint Na ;ca C-ir `ct.- Provide Proper Evidence of Authority ATTEST: " . BOARD 0 0 TY CO SSIONERS DWIGHT E. BROCK, Clerk OF CO IEOUNTY DA By.; )1 .. B, t tt,2S to Chairthanaeputy Clerk Ant),... -So( S , Chairman Approved as to form and lality: ScottiA. Stone Assistant County Attorney Approved Form—JAK—February 2006 •• A 16A3 ENGINEERING State of Florida Business Certificate No. EB-0007663 Engineer's Opinion of Probable Costs Project:Vincent Acres Date:November 22,2016 Estimated By:Keisha M Westbrook Checked By:Keisha M Westbrook GENERAL DESCRIPTION UNIT QUANTITY UNIT TOTAL COST G-1 Mobilization LS 1 $12,000.00 $12,000.00 G-2 Clearing&Topsoil/Vegetation Removal&Stockpile AC 17 $640.00 $10,880.00 G-3 Staked Silt Fence LF 5,839 $1.25 $7,298.75 G-4 6 Ft.Privacy Wall(Pre-cast) LF 200 $65.00 $13,000.00 G-5 6'Fence LF 657 $15.00 $9,855.00 General Sub-Total $53,033.75 K:\2005\050117.03.03 Vincent Acres Subdivision Plat&Construction Plans\007 Permit Applications&Support\PPL\Bonding Info\2018-01-12 OPC Vincent.xlsx 1/12/2018 General 11:33 AM 1.0R1k,i 16A3 ENGINEERING State of Florida Business Certificate No. EB-0007663 Engineer's Opinion of Probable Costs Project:Vincent Acres Date:November 22,2016 Estimated By:Keisha M Westbrook Checked By:Keisha M Westbrook EARTHWORK DESCRIPTION UNIT QUANTITY UNIT TOTAL COST E-4 Place,Compact&Fine Grade CY 93,997 $0.50 $46,998.34 E-4 Import Embankment Material CY 93,997 $8.50 $798,971.71 Earthwork Sub-Total $845,970.05 K:\2005\050117.03.03 Vincent Acres Subdivision Plat&Construction Plans\007 Permit Applications&Support\PPL\Bonding Info\2018-01-12 OPC Vincent.xlsx 1/12/2018 Earthwork 11:33 AM • 1,0RAIA, 16 A3 ENGINEERING State of Florida Business Certificate No. EB-0007663 Engineer's Opinion of Probable Costs Project:Vincent Acres Date:November 22,2016 Estimated By:Keisha M Westbrook Checked By:Keisha M Westbrook SANITARY SEWER DESCRIPTION UNIT QUANTITY UNIT TOTAL COST S-1 8" PVC Sanitary Sewer Main(0'-6'Cut) LF 770 $24.00 $18,480.00 S-2 8"PVC Sanitary Sewer Main(6'-8'Cut) LF 823 $32.00 $26,336.00 S-3 8"PVC Sanitary Sewer Main(8'-10'Cut) LF 333 $42.00 $13,986.00 S-4 4'Diameter Manhole(0'-6'Depth) EA 5 $4,500.00 $22,500.00 S-5 4'Diameter Manhole(6'-8'Depth) EA 1 $5,400.00 $5,400.00 S-6 4'Diameter Manhole(8'-10'Depth) EA 2 $6,400.00 $12,800.00 S-7 Single Sewer Lateral EA 5 $650.00 $3,250.00 S-8 Double Sewer Lateral EA 37 $750.00 $27,750.00 S-9 Lift Station EA 1 $150,000.00 $150,000.00 S-10 4" PVC Force Main(DR18) LF 72 $15.00 $1,080.00 S-11 Connect to Existing Force Main EA 1 $2,500.00 $2,500.00 S-12 Television Inspection LF 1,926 $2.50 $4,815.00 Sanitary Sewer Sub-Total $288,897.00 K:\2005\050117.03.03 Vincent Acres Subdivision Plat&Construction Plans\007 Permit Applications&Support\PPL\Bonding Info\2018-01-12 OPC Vincent.zlsz 1/12/2018 Sanitary Sewer 11:33 AM 16A3 1,0Elk.1 ENGINEERING State of Florida Business Certificate No. EB-0007663 Engineer's Opinion of Probable Costs Project:Vincent Acres Date:November 22,2016 Estimated By:Keisha M Westbrook Checked By:Keisha M Westbrook POTABLE WATER DESCRIPTION UNIT QUANTITY UNIT TOTAL COST W-1 6" PVC Water Main(C-900,DR 18,PC150) LF 3,570 $20.00 $71,400.00 W-2 6"PVC Water Main(C-900,DR 14,PC150) LF 400 $22.00 $8,800.00 W-3 Directional Drill 6" HDPE Water Main w/10"HDPE Casing LF 60 $200.00 $12,000.00 W-4 6"Gate Valve w/Box EA 7 $1,200.00 $8,400.00 W-5 Fire Hydrant Assembly w/Valve EA 10 $3,800.00 $38,000.00 W-6 Permanent Sample Point EA 1 $2,000.00 $2,000.00 W-7 Connect to Existing 10"Valve EA 1 $3,500.00 $3,500.00 W-8 Single Water Service EA 6 $700.00 $4,200.00 W-9 Double Water Service EA 37 $850.00 $31,450.00 W-10 Automatic Flushing Device EA 1 $3,500.00 $3,500.00 W-11 Air Release Valve EA 6 $1,900.00 $11,400.00 W-12 Temporary Sampling Point EA 3 $750.00 $2,250.00 W-13 Temporary Gap Configuration EA 1 $2,400.00 $2,400.00 Potable Water Sub-Total $199,300.00 K:\2005\050117.03.03 Vincent Acres Subdivision Plat&Construction Plans\007 Permit Applications&Support\PPL\Bonding Info\2018-01-12 OPC Vincent.xlsz 1/12/2018 Potable Water 11:33 AM 16A3 Y.... ENGINEERING State of Florida Business Certificate No.EB-0007663 Engineer's Opinion of Probable Costs Project:Vincent Acres Date:November 22,2016 Estimated By:Keisha M Westbrook Checked By:Keisha M Westbrook STORM DRAINAGE DESCRIPTION UNIT QUANTITY UNIT TOTAL COST D-1 18"RCP LF 785 $30.00 $23,550.00 D-2 24"RCP LF 644 $48.00 $30,912.00 D-3 30"RCP LF 56 $56.00 $3,136.00 D-4 36"RCP LF 308 $65.00 $20,020.00 D-5 12"x 18" ERCP LF 90 $45.00 $4,050.00 D-6 3'x 4'Valley Gutter Inlet EA 5 $3,000.00 $15,000.00 D-7 FDOT Type 9 Inlet EA 6 $3,100.00 $18,600.00 D-8 Type'C'Bubble-up Inlet EA 10 $2,100.00 $21,000.00 D-9 Type'D'Bubble-up Inlet EA 1 $2,500.00 $2,500.00 D-10 Type'E'Bubble-up Inlet EA 1 $3,100.00 $3,100.00 D-11 Control Structure EA 1 $3,500.00 $3,500.00 D-12 24"FES EA 2 $725.00 $1,450.00 D-13 30"FES EA 1 $900.00 $900.00 D-14 24"MES EA 2 $725.00 $1,450.00 D-15 MES Elliptical Pipe EA 2 $1,000.00 $2,000.00 D-16 Concrete Flume EA 11 $550.00 $6,050.00 D-17 Rip-Rap CY 75 $40.00 $3,000.00 D-18 24"Headwall,Wingwalls and Railing EA 1 $3,800.00 $3,800.00 Storm Drainage Sub-Total $164,018.00 K:\2005\050117.03.03 Vincent Acres Subdivision Plat&Construction Plans\007 Permit Applications&Support\PPL\Bonding Info\2018-01-12 OPC Vincent.xlsx 1/12/2018 Storm Drainage 11:33 AM YIA•--jaft, 16A3 ENGINEERING State of Florida Business Certificate No. EB-0007663 Engineer's Opinion of Probable Costs Project:Vincent Acres Date:November 22,2016 Estimated By:Keisha M Westbrook Checked By:Keisha M Westbrook PAVING AND GRADING DESCRIPTION UNIT QUANTITY UNIT TOTAL COST P-1 12"Stabilized Subgrade(LBR 40) SY 13,824 $2.50 $34,558.79 P-2 8"Limerock Base(LBR 100) SY 13,824 $8.50 $117,499.90 P-3 3/4"Type S-III ACSC(1st Lift) SY 13,824 $4.75 $65,661.71 P-4 3/4"Type S-III ACSC(Final Lift) SY 13,824 $6.00 $82,941.11 P-5 Concrete Valley Gutter LF 1,676 $7.50 $12,570.00 P-6 Type'A'Curb LF 346 $10.00 $3,460.00 P-7 Type'F'Curb LF 5,050 $8.50 $42,925.00 P-8 Type'D'Curb LF 1,415 $11.00 $15,565.00 P-9 5'Sidewalk LF 6,669 $13.00 $86,697.00 P-10 ADA Curb Ramps EA 46 $375.00 $17,250.00 P-11 Sod(2'Strip between curb and sidewalk) SY 13,068 $1.50 $19,602.00 P-12 Signing and Striping LS 1 $7,500.00 $7,500.00 Paving and Grading Sub-Total $506,230.51 K:\2005\050117.03.03 Vincent Acres Subdivision Plat&Construction Plans\007 Permit Applications&Support\PPL\Bonding Info\2018-01-12 OPC Vincent.xlsx 1/12/2018 Paving&Grading 11:33 AM 16A3 PERFORMANCE BOND No. 0683878 KNOW ALL PERSONS BY THESE PRESENTS: that Habitat for Humanity of Collier County, Inc. 11145 Tamiami Trail East Naples, Florida 34113 (hereinafter referred to as "Owner ) and International Fidelity and Insurance Company One Newark Center, 20th Floor Newark, NJ 07102 (hereinafter referred to as "Surety") are held and firmly bound unto Collier County Board of County Commissioners, Florida, (hereinafter referred to as "County") in the total aggregate sum of Two million seven hundred forty thousand one hundred fifty four dollars and 24 cents ($2,740,154.24) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named Vincent Acres and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period") NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agr,,es that no change, extension of time, alteration, addition or deletion to the proposed specific improvemea is shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such hange, extension of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and faithful performance in accordance with the Land Development RegOations. The term "Amendment," wherever used in this Bond, and whether referring to this Bond, o other documents shall include any alteration, addition or modification of any character whatsoever. 16A3 PERFORMANCE BOND No. 0683878 IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE AND PAYMENT BOND to be executed this 6th day of February, 2018 WITN SScS Habitat for Humanity of Collier County, Inc. Printed Name: By; Nick ;1oheras, President/CEO L ti/L-1-1 H 5 Ifr • d_Name ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF COLLIER THE,FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS I(7 DAY OF t e 2018, BY Nick Kouloheras the President/CEO OF Habitat for Humanity of Collier County, Inc. WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION. Notary Public- State of Florida •— ---— — 40. — s .•-;;,rte' KAREN E.A_DA'.A � _` Notary P bhc S a-e o:•'to•ica •. �/��' Ccmmss�n=C:C11722E (SEAL) 's.s�t 1 I�� 1�!`' ` '•�'� MyComrr._� es: n2' 2�2; F Printed Name I �°°"` t:rdedtrrc ,.�.._.,SSSr. SURETY ACKNOWLEDGEMENT Wltt ESSES: Inter a o al Fideli y anfl Insurance Company II , r j pykspv."&. {(� \ jnted Name: �'I�t Il�Wel Charity A. Moser, orney- n-Fact •.1a u t 1'lw t Printed Name: 1,`� S�'► Cxstt' I (Provide Proper Evidence of Authority) • NOTARY ACKNOWLEDGMENT STATE OF Florida COUNTY OF Collier THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 6th DAY OF February, 2018, BY Charity A. Moser AS Attorney-In-Fact OF International Fidelity and Insurance Company WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION. Not tic,,- KRISTIN M.NEIERT (SE' l� r''- MY COMMISSION#GG 079764 EXPIRES:May 5,2021 •;F;end:•' Bonded Ttuu Notary Pudic Underwriters 0/1 Tel(S.'3)624--,-200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY i 6 A 3 ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania,having their principal office in the City of Newark,New Jersey,do hereby constitute and appoint KRISTIN M. NEIERT, STEPHEN J. BENZA, ROBERT E. RYAN, HUNTLEY A. HORNBECK II, CHARITY A. MOSER Naples, FL. their true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise, and the execution of such instrument(s) in pursuance of these presents,shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes,as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed,and may be revoked, pursuant to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July,2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August,2000: "RESOLVED,that (1)the President,Vice President, Chief Executive Officer or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of,Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney,and to execute on behalf of the Corporation and affix the Corporation's seal thereto,bonds,undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and(2),any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation;and (3)the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond,undertaking,recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto,such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation,to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 22nd day of July,2014. � t STATE OF NEW JERSEY � UAZTr�, County of Essex �� D� .41 w W1/401- de, 14 ca ,� ROBERT W.MINSTER * o P J] Chief Executive Officer(International Fidelity F)?YSYLVP�� Insurance Company)and President(Allegheny Casualty Company) On this 22nd day of July 2014, before me came the individual who executed the preceding instrument,to me personally known,and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies;that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. ,,'1,11,„I",,,, IN TESTIMONY WHEREOF, I have hereunto set myhand affixed my Official Seal, at the City of Newark,New Jersey the day and year frst above written. PSHY C . :V NOTARY • '� �$ PUBLIC y: NA A NOTARY PUBLIC OF NEW JERSEY y)'•.a4 is-20{e.• g .% 'FOF 4��.�' My Commission Expires April 16,2019 NEW ,'",,,,,,i,"`,, CERTIFICATION I,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. (� IN TESTIMONY WHEREOF, I have hereunto set my hand this day of j 1 (kt 1 ( Z01G1 MARIA BRANCO,Assistant Secretary